Vol. 85 Monday, No. 226 November 23, 2020

Pages 74595–74846

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 226

Monday, November 23, 2020

Agricultural Marketing Service New Hampshire Advisory Committee, 74668 NOTICES Oregon Advisory Committee, 74667–74669 Standards for Lentils, 74664 Rhode Island Advisory Committee, 74667–74668

Agriculture Department Coast Guard See Agricultural Marketing Service RULES See Animal and Plant Health Inspection Service Safety Zone: See Forest Service Breton Sound, New Orleans, LA, 74606–74608 NOTICES NOTICES Agency Information Collection Activities; Proposals, Recreational Boating Safety Projects, Programs, and Submissions, and Approvals, 74664–74665 Activities Funded under Provisions of the Fixing Animal and Plant Health Inspection Service America’s Surface Transportation Act; Fiscal Year NOTICES 2020, 74741 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commerce Department Standardizing Phytosanitary Treatment Regulations: See International Trade Administration Approval of Cold Treatment and Irradiation See National Oceanic and Atmospheric Administration Facilities; Cold Treatment Schedules; and Establishment of Fumigation and Cold Treatment Comptroller of the Currency Compliance Agreements, 74665 NOTICES Agency Information Collection Activities; Proposals, Antitrust Division Submissions, and Approvals, 74784–74792 NOTICES Changes under the National Cooperative Research and Defense Acquisition Regulations System Production Act: RULES National Spectrum Consortium, 74762 Defense Federal Acquisition Regulation Supplement: Naval Surface Technology and Innovation Consortium, Repeal of Clauses Related to Taxes Applied to Foreign 74763–74765 Contracts in Afghanistan, 74611–74612 PXI Systems Alliance, Inc., 74763 Repeal of Provision and Clause on Reserve Officer Telemanagement Forum, 74762–74763 Training Corps and Military Recruiting on Campus, The Open Group, LLC, 74761–74762 74610–74611 PROPOSED RULES Centers for Medicare & Medicaid Services Defense Federal Acquisition Regulation Supplement: NOTICES Authorities for Minimizing the Use of Materials Medicare Program: Containing Hexavalent Chromium, 74639–74640 National Expansion of the Prior Authorization Model for Commercial Item Determinations, 74636–74638 Repetitive, Scheduled Non Emergent Ambulance Transports, 74725–74729 Defense Department Medicare, Medicaid, and Children’s Health Insurance See Defense Acquisition Regulations System Programs: NOTICES Provider Enrollment Application Fee Amount for Agency Information Collection Activities; Proposals, Calendar Year 2021, 74724–74725 Submissions, and Approvals: Meetings: Contract Financing, 74722–74723 Medicare Program; Merit-based Incentive Payment Organization and Direction of the Work, 74723–74724 System Value Pathway Implementation, 74729–74730 Arms Sales, 74696–74700 Children and Families Administration NOTICES Drug Enforcement Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Bulk Manufacturer of Controlled Substances Application: State Personal Responsibility Education Program, 74731– Johnson Matthey Pharmaceutical Materials Inc., 74765 74732 Temporary Assistance for Needy Families Expenditure Education Department Report, 74732 NOTICES Voluntary Acknowledgment of Paternity and Required Agency Information Collection Activities; Proposals, Data Elements for Paternity Establishment Affidavits, Submissions, and Approvals: 74730–74731 Experimental Sites Initiative Reporting Tool 2020, 74701 Report of the Randolph-Sheppard Vending Facility Civil Rights Commission Program, 74712–74713 NOTICES Applications for New Awards: Meetings: College Assistance Migrant Program, 74701–74707 Maryland Advisory Committee, 74668 High School Equivalency Program, 74707–74712

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Energy Department Federal Trade Commission See Federal Energy Regulatory Commission NOTICES NOTICES Granting of Requests for Early Termination of the Waiting Agency Information Collection Activities; Proposals, Period Under the Premerger Notification Rules, 74720– Submissions, and Approvals, 74713–74716 74722

Environmental Protection Agency Fish and Wildlife Service NOTICES RULES Revised Draft Toxic Substances Control Act Risk Subsistence Management Regulations for Public Lands in Evaluation: Alaska: C.I. Pigment Violet 29, 74718–74719 Subsistence Taking of Wildlife Regulations, 2020–21 and 2021–22, 74796–74845 Equal Employment Opportunity Commission NOTICES Food and Drug Administration Guidance: NOTICES Proposed Updated Compliance Manual on Religious Agency Information Collection Activities; Proposals, Discrimination, 74719 Submissions, and Approvals: Foods Derived From New Plant Varieties, 74734–74736 Federal Aviation Administration Guidance: Clinical Drug Interaction Studies With Combined Oral RULES Contraceptives, 74737–74738 Airworthiness Directives: Elemental Impurities in Animal Drug Products; Questions Pilatus Aircraft Ltd. Airplanes, 74601–74603 and Answers, 74736–74737 Piper Aircraft, Inc. Airplanes, 74598–74601 Public Availability of Lists of Retail Consignees to Textron Aviation, Inc., (Type Certificate Previously Held Effectuate Certain Human and Animal Food Recalls, by Cessna Aircraft Company) Airplanes, 74595– 74732–74733 74598 PROPOSED RULES Airworthiness Criteria: Forest Service Flytrex, Inc. FTX–M600P, 74622–74627 RULES Percepto Robotics, Ltd. Percepto System 2.4, 74618– Subsistence Management Regulations for Public Lands in 74622 Alaska: Airworthiness Directives: Subsistence Taking of Wildlife Regulations, 2020–21 and Pilatus Aircraft Ltd. Airplanes, 74627–74630 2021–22, 74796–74845 NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Gallatin Resource Advisory Committee, 74666 Commercial Air Tour Limitations in the Grand Canyon Southern Montana Resource Advisory Committee, 74666– National Park Special Flight Rules Area, 74782– 74667 74783 General Services Administration Federal Deposit Insurance Corporation NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 74784–74792 Contract Financing, 74722–74723 Designated Reserve Ratio for 2021, 74719 Organization and Direction of the Work, 74723–74724

Federal Energy Regulatory Commission Health and Human Services Department NOTICES See Centers for Medicare & Medicaid Services Combined Filings, 74716–74718 See Children and Families Administration Initial Market-Based Rate Filings Including Requests for See Food and Drug Administration Blanket Section 204 Authorizations: See National Institutes of Health Briel Farm Solar, LLC, 74717 NOTICES Request for Information: Vaccines National Strategic Plan, 74738–74739 Federal Railroad Administration NOTICES Homeland Security Department Agency Information Collection Activities; Proposals, See Coast Guard Submissions, and Approvals, 74783–74784 See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Federal Reserve System RULES NOTICES Temporary Travel Restrictions Applicable to Land Ports of Agency Information Collection Activities; Proposals, Entry and Ferries Service Between the United States Submissions, and Approvals, 74784–74792 and Canada, 74603–74604 Change in Bank Control: Temporary Travel Restrictions Applicable to Land Ports of Acquisitions of Shares of a Bank or Bank Holding Entry and Ferries Service between the United States Company, 74719–74720 and Mexico, 74604–74606

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PROPOSED RULES Justice Department Privacy Act; Implementation of Exemptions: See Antitrust Division Coast Guard Maritime Analytic Support System System See Drug Enforcement Administration of Records, 74616–74618 NOTICES Labor Department Privacy Act; System of Records, 74742–74746 See Occupational Safety and Health Administration Housing and Urban Development Department Land Management Bureau PROPOSED RULES Acceptance of Private Flood Insurance for FHA-Insured NOTICES Plats of Survey: Mortgages, 74630–74636 California, 74755–74756 Interior Department See Fish and Wildlife Service National Aeronautics and Space Administration See Land Management Bureau NOTICES See Reclamation Bureau Agency Information Collection Activities; Proposals, See Surface Mining Reclamation and Enforcement Office Submissions, and Approvals: NOTICES Contract Financing, 74722–74723 Sport Fishing and Boating Partnership Council; Organization and Direction of the Work, 74723–74724 Reestablishment, 74755 National Credit Union Administration Internal Revenue Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 74793–74794 Truth in Lending Disclosure and Recordkeeping Agency Information Collection Activities; Proposals, Requirements, 74767 Submissions, and Approvals: Methods to Determine Taxable Income in Connection National Institutes of Health with a Cost Sharing Arrangement, 74792–74793 NOTICES Meetings: International Trade Administration National Institute of Allergy and Infectious Diseases, NOTICES 74740–74741 Agency Information Collection Activities; Proposals, National Institute of Mental Health, 74739 Submissions, and Approvals: National Institute on Drug Abuse, 74739–74740 Special American Business Internship Training Participant Application, Participant Survey, Alumni National Oceanic and Atmospheric Administration Survey, 74672 RULES Antidumping or Countervailing Duty Investigations, Orders, Fisheries of the Exclusive Economic Zone off Alaska: or Reviews: Pacific Cod in the Bering Sea Subarea of the Bering Sea Certain Corrosion-Resistant Steel Products from Taiwan, and Aleutian Islands Management Area, 74615 74669–74671 Fisheries of the Northeastern United States: Certain Corrosion-Resistant Steel Products from the Summer Flounder Fishery; Quota Transfer from NC to Republic of Korea, 74692–74693 CT, 74612–74613 Certain Pasta from Italy, 74676–74679 Fisheries off West Coast States: Certain Steel Nails from Malaysia, 74674–74676 Delay Implementation of West Coast Groundfish Fine Denier Polyester Staple Fiber from India, 74688– Electronic Monitoring Program, 74613–74614 74690 Pacific Island Fisheries: Polyethylene Terephthalate Film, Sheet, and Strip from 2020 U.S. Territorial Longline Bigeye Tuna Catch Limits India, 74679–74680, 74690–74692 for the Commonwealth of the Northern Mariana Polyethylene Terephthalate Film, Sheet, and Strip from Islands, 74614–74615 Taiwan, 74673–74674 PROPOSED RULES Welded Carbon Steel Standard Pipes and Tubes from Proposed Expansion: India, 74693–74694 Flower Garden Banks National Marine Sanctuary, 74630 Xanthan Gum from the People’s Republic of China, NOTICES 74686–74688 Agency Information Collection Activities; Proposals, Determination of Sales at Less Than Fair Value: Submissions, and Approvals: Polyester Textured Yarn from Indonesia, Malaysia, North Pacific Observer Safety Survey, 74694–74695 Thailand, and the Socialist Republic of Vietnam, Meetings: 74680–74685 New England Fishery Management Council, 74695–74696

International Trade Commission Nuclear Regulatory Commission NOTICES RULES Investigations; Determinations, Modifications, and Rulings, List of Approved Spent Fuel Storage Casks: etc.: NAC International, Inc. MAGNASTOR Storage System, Certain Dental and Orthodontic Scanners and Software, Certificate of Compliance No. 1031, Amendment No. 74760–74761 9, 74595 Citric Acid and Certain Citrate Salts from China, 74759– NOTICES 74760 Meetings; Sunshine Act, 74767–74768

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Nuclear Waste Technical Review Board Treasury Department NOTICES See Comptroller of the Currency Meetings, 74768 See Internal Revenue Service

Occupational Safety and Health Administration U.S. Citizenship and Immigration Services NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Grain Handling Facilities, 74765–74767 Alien Change of Address Card, 74754–74755 Application for Advance Permission to Enter as Postal Regulatory Commission Nonimmigrant, 74751–74752 NOTICES Application for Waiver of Grounds of Inadmissibility, Competitive Price Adjustment, 74768–74770 74750–74751 Postal Service Application for Waiver of Grounds of Inadmissibility under the Immigration and Nationality Act, 74748– RULES 74749 Domestic Competitive Products Pricing and Mailing Collection of Qualitative Feedback through Focus Groups, Standards Changes, 74608–74610 74749–74750 Reclamation Bureau Customer Profile Management System–IDENTity NOTICES Verification Tool, 74746–74747 Quarterly Status Report of Water Service, Repayment, and Interagency Record of Request A, G, or North Atlantic Other Water-Related Contract Actions, 74756–74758 Treaty Organization Dependent Employment Authorization or Change/Adjustment To/From A, G, Securities and Exchange Commission or North Atlantic Treaty Organization Status, 74752– NOTICES 74753 Self-Regulatory Organizations; Proposed Rule Changes: Petition for Qualifying Family Member of a U-1 Cboe BZX Exchange, Inc., 74777–74778 Nonimmigrant, 74747–74748 Cboe C2 Exchange, Inc., 74775–74777 Request for Certification of Military or Naval Service, Cboe EDGX Exchange, Inc., 74772–74775 74753–74754 Cboe Exchange, Inc., 74770–74772 NYSE Arca, Inc., 74778–74781 U.S. Customs and Border Protection NOTICES Small Business Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Major Disaster Declaration: Declaration of Person Who Performed Repairs or Oregon, 74781–74782 Alterations, 74741–74742

State Department NOTICES Agency Information Collection Activities; Proposals, Separate Parts In This Issue Submissions, and Approvals: Supplemental Special Immigrant Visa Chief of Mission Part II Application, 74782 Agriculture Department, Forest Service, 74796–74845 Interior Department, Fish and Wildlife Service, 74796– Surface Mining Reclamation and Enforcement Office 74845 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Abandoned Mine Reclamation Funds, 74758–74759 Reader Aids Subsidence Insurance Program Grants, 74759 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice Transportation Department of recently enacted public laws. See Federal Aviation Administration To subscribe to the Federal Register Table of Contents See Federal Railroad Administration electronic mailing list, go to https://public.govdelivery.com/ PROPOSED RULES accounts/USGPOOFR/subscriber/new, enter your e-mail Procedures for Considering Environmental Impacts, 74640– address, then follow the instructions to join, leave, or 74663 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.

6 CFR Proposed Rules: 5...... 74616 10 CFR 72...... 74595 14 CFR 39 (3 documents) ...... 74595, 74598, 74601 Proposed Rules: 21 (2 documents) ...... 74618, 74622 39...... 74627 15 CFR Proposed Rules: 922...... 74630 19 CFR Ch. I (2 documents)...... 74603, 74604 24 CFR Proposed Rules: 201...... 74630 203...... 74630 206...... 74630 33 CFR 165...... 74606 36 CFR 242...... 74796 39 CFR 111...... 74608 48 CFR 204...... 74610 209...... 74610 212...... 74611 229...... 74611 252 (2 documents) ...... 74610, 74611 Proposed Rules: 212...... 74636 223...... 74639 49 CFR Proposed Rules: 13...... 74640 50 CFR 100...... 74796 648...... 74612 660...... 74613 665...... 74614 679...... 74615

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Rules and Regulations Federal Register Vol. 85, No. 226

Monday, November 23, 2020

This section of the FEDERAL REGISTER • NRC’s Agencywide Documents during loading and unloading contains regulatory documents having general Access and Management System operations and neutron absorber areal applicability and legal effect, most of which (ADAMS): You may obtain publicly- density. In addition, Amendment No. 9 are keyed to and codified in the Code of available documents online in the makes non-technical changes to Federal Regulations, which is published under ADAMS Public Documents collection at reorganize Appendix B of the technical 50 titles pursuant to 44 U.S.C. 1510. https://www.nrc.gov/reading-rm/ specifications. The Code of Federal Regulations is sold by adams.html. To begin the search, select In the direct final rule published on the Superintendent of Documents. ‘‘Begin Web-based ADAMS Search.’’ For September 22, 2020, the NRC stated that problems with ADAMS, please contact if no significant adverse comments were the NRC’s Public Document Room (PDR) received, the direct final rule would NUCLEAR REGULATORY reference staff at 1–800–397–4209, 301– become effective on December 7, 2020. COMMISSION 415–4737, or by email to pdr.resource@ The NRC received and docketed two nrc.gov. The proposed amendment to comments on the companion proposed 10 CFR Part 72 the certificate of compliance, the rule (85 FR 59447; September 22, 2020). [NRC–2020–0166] proposed changes to the technical Electronic copies of the comments can specifications, and the preliminary be obtained from the Federal RIN 3150–AK50 safety evaluation report are available in Rulemaking website at https:// List of Approved Spent Fuel Storage ADAMS under Accession No. www.regulations.gov under Docket ID Casks: NAC International, Inc. ML20174A550. The final amendment to NRC–2020–0166 and are also available MAGNASTOR® Storage System, the certificate of compliance, final in ADAMS under Accession Nos. Certificate of Compliance No. 1031, changes to the technical specifications, ML20295A201 and ML20300A482, Amendment No. 9 and final safety evaluation report can respectively. also be viewed in ADAMS under The NRC evaluated the comments AGENCY: Nuclear Regulatory Accession No. ML20307A116. against the criteria described in the Commission. • Attention: The Public Document direct final rule and determined that the ACTION: Direct final rule; confirmation of Room (PDR), where you may examine comments were not significant and effective date. and order copies of public documents, adverse. Specifically, the comments is currently closed. You may submit were outside the scope of this SUMMARY: The U.S. Nuclear Regulatory your request to the PDR via email at rulemaking, did not oppose the rule, or Commission (NRC) is confirming the [email protected] or call 1–800– did not propose a change to the rule, effective date of December 7, 2020, for 397–4209 between 8:00 a.m. and 4:00 such that the rule would be ineffective the direct final rule that was published p.m. (EST), Monday through Friday, or unacceptable without a change. in the Federal Register on September except Federal holidays. Therefore, the direct final rule will 22, 2020. The direct final rule amends FOR FURTHER INFORMATION CONTACT: become effective as scheduled. the NRC’s spent fuel storage regulations Angella Love Blair, Office of Nuclear Dated: November 13, 2020. by revising the NAC International, Inc. Material Safety and Safeguards, U.S. For the Nuclear Regulatory Commission. MAGNASTOR® Storage System listing Nuclear Regulatory Commission, Cindy K. Bladey, within the ‘‘List of approved spent fuel Washington, DC 20555–0001; telephone: Chief, Regulatory Analysis and Rulemaking storage casks’’ to include Amendment 301–415–3453, or email: No. 9 to Certificate of Compliance No. Support Branch, Division of Rulemaking, [email protected]. Environmental, and Financial Support, Office 1031. SUPPLEMENTARY INFORMATION: On of Nuclear Material Safety and Safeguards. DATES: Effective date: The effective date September 22, 2020 (85 FR 59395), the [FR Doc. 2020–25525 Filed 11–20–20; 8:45 am] of December 7, 2020, for the direct final NRC published a direct final rule BILLING CODE 7590–01–P rule published September 22, 2020 (85 amending its regulations in part 72 of FR 59395), is confirmed. title 10 of the Code of Federal ADDRESSES: Please refer to Docket ID Regulations to revise the NAC DEPARTMENT OF TRANSPORTATION NRC–2020–0166 when contacting the International, Inc. MAGNASTOR® NRC about the availability of Storage System listing within the ‘‘List Federal Aviation Administration information for this action. You may of approved spent fuel storage casks’’ to obtain publicly-available information include Amendment No. 9 to Certificate 14 CFR Part 39 related to this action by any of the of Compliance No. 1031. Amendment [Docket No. FAA–2020–0493; Project following methods: No. 9 revises the certificate of • Identifier 2019–CE–046–AD; Amendment Federal Rulemaking Website: Go to compliance to add a new concrete 39–21336; AD 2020–24–06] https://www.regulations.gov and search storage overpack; four new heat load for Docket ID NRC–2020–0166. Address zone patterns and their associated decay RIN 2120–AA64 questions about NRC dockets to Dawn heats that are specific to Babcock and Airworthiness Directives; Textron Forder; telephone: 301–415–3407; Wilcox 15x15 fuel assemblies; a new Aviation, Inc., (Type Certificate email: [email protected]. For Babcock & Wilcox 15x15 hybrid fuel Previously Held by Cessna Aircraft technical questions, contact the assembly type (BW15H5); and a new Company) Airplanes individual listed in the FOR FURTHER maximum enrichment for the BW15H2 INFORMATION CONTACT section of this hybrid fuel assembly, including a new AGENCY: Federal Aviation document. minimum soluble boron concentration Administration (FAA), DOT.

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ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Tamarack and the General Aviation Steven Dzierzynski, Aerospace Manufacturers Association (GAMA). SUMMARY: The FAA is superseding Engineer, FAA, New York ACO Branch, The following presents the comments Airworthiness Directive (AD) AD 2019– 1600 Stewart Avenue, Suite 410, received on the NPRM and the FAA’s 08–13 for Textron Aviation, Inc., (type Westbury, New York 11590; telephone: response to each comment. certificate previously held by Cessna (516) 287–7367; fax: (516) 794–5531; Aircraft Company) Models 525, 525A, email: [email protected]. Supportive Comments and 525B airplanes with Tamarack SUPPLEMENTARY INFORMATION: Aerospace Group (Tamarack) active load Tamarack and GAMA supported the alleviation system (ATLAS) winglets Background NPRM. installed in accordance with The FAA issued a notice of proposed Request To Revise the Preamble Supplemental Type Certificate (STC) rulemaking (NPRM) to amend 14 CFR Tamarack requested the FAA correct SA03842NY. AD 2019–08–13 was part 39 to supersede AD 2019–08–13, a statement in the preamble of the prompted by mandatory continuing Amendment 39–19634 (84 FR 24007, NPRM that the April 13, 2019 incident airworthiness information (MCAI) May 24, 2019) (AD 2019–08–13). AD exposed a failure mode of the ATLAS originated by an aviation authority of 2019–08–13 applied to Textron another country to identify and correct Aviation, Inc., Models 525, 525A, and that was not anticipated during an unsafe condition on an aviation 525B airplanes with Tamarack ATLAS certification. Tamarack commented this product. The MCAI describes the unsafe winglets installed in accordance with statement in the NPRM implies that condition as malfunction of the ATLAS. STC SA03842NY. The NPRM published only the worst case condition was tested This AD results from the identification in the Federal Register on June 2, 2020 while other less critical conditions were of corrective actions that, if (85 FR 33583). not. The commenter further stated that implemented, allow operators to AD 2019–08–13 prohibited all flight the failure mode that occurred on April reactivate the ATLAS and restore by revising the operating limitations in 13, 2019 was tested during certification operations to normal procedures. The the airplane flight manual and and shown to be recoverable. The FAA is issuing this AD to address the fabricating and installing a placard, commenter discussed the investigations unsafe condition on these products. until a modification has been and flights tests conducted by EASA DATES: This AD is effective December incorporated in accordance with an and stated this data was reviewed and 28, 2020. FAA-approved method. AD 2019–08–13 validated by the FAA before the FAA The Director of the Federal Register was based on MCAI originated by the issued AD 2019–08–13. approved the incorporation by reference European Union Aviation Safety Agency The FAA partially agrees. The FAA of certain publications listed in this AD (EASA), which is the Technical Agent issued AD 2019–08–13 on May 20, as of December 28, 2020. for the Member States of the European 2019. The FAA had received flight path ADDRESSES: For Cranfield Aerospace Union. EASA issued AD No. 2019– data for the UK incident aircraft; Solutions Limited and Tamarack 0086–E, dated April 19, 2019, to address however, this data did not provide any Aerospace Group service information an unsafe condition related to reports of information about the operation of the identified in this AD, contact Tamarack the ATLAS malfunctioning, which ATLAS system during the incident. Aerospace Group, Inc. 2021 Industrial could lead to loss of control of the Therefore, it was not considered in the Drive, Sandpoint, Idaho 83864; airplane. development of the FAA AD. No other telephone: (208) 255–4400; email: The NPRM was prompted by EASA’s information about the operation of the [email protected]; internet: revision to the MCAI. EASA issued AD ATLAS system during this incident has https://tamarackaero.com. You may No. 2019–0086R1, dated August 9, 2019, been provided to the FAA. view this service information at the to require modifications previously The FAA received the root cause FAA, Airworthiness Products Section, developed by Cranfield Aerospace report mentioned by the commenter on Operational Safety Branch, 901 Locust, Solutions Limited (Cranfield), the April 22, 2019, which deemed further Kansas City, Missouri 64106. For holder of STC SA03842NY, to restore investigation was warranted to information on the availability of this the safety of the ATLAS design and determine if the actions specified in material at the FAA, call (816) 329– allow operators to reactivate the Cranfield’s service bulletin mitigated 4148. It is also available at https:// ATLAS. In the NPRM, the FAA the unsafe condition. Many discussions www.regulations.gov by searching for proposed to require installing the between the FAA and EASA occurred and locating Docket No. FAA–2020– modified Tamarack Active Camber before and after the issuance of AD 0493. Surface (TACS) control unit (TCU) and 2019–08–13. Given that the Cranfield Examining the AD Docket centering strips and revising the service bulletin did not contain Tamarack maintenance manual You may examine the AD docket at adequate instructions for the use of supplement to include instructions for ‘‘speed tape’’ to prevent the TACS from https://www.regulations.gov by continued airworthiness relating to the searching for and locating Docket No. floating, the FAA found it unacceptable centering strips. The FAA is issuing this for correcting the unsafe condition. FAA–2020–0493; or in person at Docket AD to address the unsafe condition on Operations between 9 a.m. and 5 p.m., Instead of delaying action to address the these products. unsafe condition to wait for testing of Monday through Friday, except Federal You may obtain further information the ‘‘speed tape,’’ the FAA issued AD holidays. The AD docket contains this by examining the MCAI in the AD 2019–08–13 to ground the affected final rule, the MCAI, any comments docket on the internet at https:// airplanes, knowing that operators could received, and other information. The www.regulations.gov by searching for request an alternative method of address for Docket Operations is U.S. and locating Docket No. FAA–2019– compliance when substantiating data Department of Transportation, Docket 0493. Operations, M–30, West Building became available or when the Ground Floor, Room W12–140, 1200 Comments investigation was complete. New Jersey Avenue SE, Washington, DC The FAA received comments from The FAA did not make changes to this 20590. two commenters. The commenters were AD based on this comment.

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Request To Update the STC Holder • Cranfield Aerospace Solutions (2) Will not affect intrastate aviation Tamarack requested the FAA update Limited Service Bulletin CAS/SB1467, in Alaska, and (3) Will not have a significant the STC holder and contact information Issue B, dated July 2018, which contains economic impact, positive or negative, from Cranfield to Tamarack. The instructions to remove the ATLAS TCU on a substantial number of small entities commenter noted that Cranfield assembly and modify it as specified in under the criteria of the Regulatory finalized the transfer of STC CAS/SB1480, Issue A. Flexibility Act. SA03842NY to Tamarack after the Costs of Compliance issuance of AD 2019–08–13. The FAA estimates that this AD will List of Subjects in 14 CFR Part 39 The FAA agrees and has updated the affect 76 products of U.S. registry. The Air transportation, Aircraft, Aviation references as requested. FAA also estimates that it will take 16 safety, Incorporation by reference, Conclusion work-hours with a parts cost of $4,314 Safety. per product to modify the TCU, 24 The FAA reviewed the relevant data, The Amendment work-hours with a parts cost of $199 per considered the comments received, and product to install the centering strips, Accordingly, under the authority determined that air safety requires and 1 work-hour per product to revise delegated to me by the Administrator, adopting the AD as proposed. the limitations section as required by the FAA amends 14 CFR part 39 as Accordingly, the FAA is issuing this AD this AD. The average labor rate is $85 follows: to address the unsafe condition on these per work-hour. products. Based on these figures, the FAA PART 39—AIRWORTHINESS DIRECTIVES Related Service Information Under 1 estimates the cost of this AD on U.S. CFR Part 51 operators to be $607,848, or $7,998 per ■ 1. The authority citation for part 39 product. The FAA reviewed the following continues to read as follows: The FAA has included all known service documents required for costs in its cost estimate. According to Authority: 49 U.S.C. 106(g), 40113, 44701. compliance with this AD: • the manufacturer, however, some of the § 39.13 [Amended] Cranfield Aerospace Solutions costs of this AD may be covered under Limited Service Bulletin CAS/SB1480, warranty, thereby reducing the cost ■ 2. The FAA amends § 39.13 by: ■ Issue A, dated July 2019, which impact on affected operators. a. Removing Airworthiness Directive contains instructions to ensure 2019–08–13, Amendment 39–19634 (84 installation of a modified TCU and the Authority for This Rulemaking FR 24007, May 24, 2019); and TACS centering strips; and Title 49 of the United States Code ■ b. Adding the following new • Tamarack Aerospace Group Cessna specifies the FAA’s authority to issue airworthiness directive: 525, 525A, & 525B ATLAS Winglet rules on aviation safety. Subtitle I, 2020–24–06 Textron Aviation, Inc., (Type Maintenance Manual Supplement, section 106, describes the authority of Certificate Previously Held by Cessna Report Number: TAG–1100–0101, Issue the FAA Administrator. Subtitle VII: Aircraft Company): Amendment 39– G, dated September 3, 2019, which adds Aviation Programs, describes in more 21336; Docket No. FAA–2020–0493; instructions to inspect the centering detail the scope of the Agency’s Project Identifier 2019–CE–046–AD. strips and adds repetitive inspection authority. (a) Effective Date intervals to the Airworthiness The FAA is issuing this rulemaking Limitations section of the supplement This airworthiness directive (AD) is under the authority described in effective December 28, 2020. for the centering strips. Subtitle VII, Part A, Subpart III, Section This service information is reasonably 44701: General requirements. Under (b) Affected ADs available because the interested parties that section, Congress charges the FAA This AD replaces AD 2019–08–13, have access to it through their normal with promoting safe flight of civil Amendment 39–19634 (84 FR 24007, May 24, course of business or by the means aircraft in air commerce by prescribing 2019) (AD 2019–08–13). identified in the ADDRESSES section. regulations for practices, methods, and (c) Applicability Other Related Service Information procedures the Administrator finds This AD applies to Textron Aviation, Inc. necessary for safety in air commerce. (type certificate previously held by Cessna The FAA also reviewed the following This regulation is within the scope of Aircraft Company) Models 525, 525A, and documents related to this AD: that authority because it addresses an 525B airplanes, certificated in any category, • Cranfield Aerospace Solutions unsafe condition that is likely to exist or with Tamarack active load alleviation system Limited Service Bulletin CAS/SB1475, develop on products identified in this (ATLAS) winglets installed in accordance Issue A, dated February 2019, which rulemaking action. with Supplemental Type Certificate contains the instructions for installing SA03842NY. Regulatory Findings the centering strips to the TACS, (d) Subject identified as modification CAeM/ This AD will not have federalism Air Transport Association of America Cessna/1475; implications under Executive Order (ATA) Code 27: Flight Controls. • Tamarack Aerospace Group ATLAS 13132. This AD will not have a Service Bulletin SBATLAS–57–03, substantial direct effect on the States, on (e) Reason dated July 27, 2018, which contains the relationship between the national This AD was prompted by mandatory instructions to remove the ATLAS TCU government and the States, or on the continuing airworthiness information (MCAI) and return it to the ATLAS repair distribution of power and issued by the aviation authority of another country to identify and correct an unsafe facility for modification; responsibilities among the various • condition on an aviation product. The MCAI Tamarack Aerospace Group ATLAS levels of government. describes the unsafe condition as Service Bulletin SBATLAS–57–05, For the reasons discussed above, I malfunction of the ATLAS, which could dated February 20, 2019, which certify this AD: cause difficulty for the pilot to recover the contains instructions to install centering (1) Is not a ‘‘significant regulatory airplane to safe flight. The FAA is issuing strips on the TACS; and action’’ under Executive Order 12866, this AD to prevent malfunction of the ATLAS

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and to ensure the Tamarack Active Camber (j) Related Information SUMMARY: The FAA is adopting a new Surface (TACS) remains in a faired position Refer to European Union Aviation Safety airworthiness directive (AD) for certain in the case of inadvertent power loss to the Agency (EASA) AD No. 2019–0086R1, dated Piper Aircraft, Inc. (Piper) Models PA– ATLAS, which could lead to loss of control August 9, 2019, for related information. You 28–140, PA–28–150, PA–28–160, PA– of the airplane. may examine the MCAI on the internet at 28–180, PA–28–235, PA–32–260, and (f) Compliance https://www.regulations.gov by searching for PA–32–300 airplanes. This AD was and locating Docket No. FAA–2020–0493. Unless already done, do the following prompted by reports of corrosion found actions in paragraphs (g) and (h) of this AD. (k) Material Incorporated by Reference in an area of the main wing spar not easily accessible for inspection. This AD (g) Modifications (1) The Director of the Federal Register approved the incorporation by reference of requires inspecting the left and right Before further flight after the effective date the service information listed in this main wing spars for corrosion, and, if of this AD, do the following corrective paragraph under 5 U.S.C. 552(a) and 1 CFR corrosion is found, taking all necessary actions: part 51. corrective actions. The FAA is issuing (1) Determine whether the serial number of (2) You must use this service information the TACS control unit (TCU) assembly is this AD to address the unsafe condition as applicable to do the actions required by on these products. listed in table 7.8. of Cranfield Aerospace this AD, unless the AD specifies otherwise. Solutions Limited (Cranfield) Service (i) Cranfield Aerospace Solutions Limited DATES: This AD is effective December Bulletin CAS/SB1480, Issue A, dated July Service Bulletin CAS/SB1480, Issue A, dated 28, 2020. 2019 (Cranfield CAS/SB1480, Issue A). If the July 2019. The Director of the Federal Register serial number of the TCU assembly is not (ii) Tamarack Aerospace Group Cessna 525, approved the incorporation by reference listed in table 7.8., replace the TCU assembly 525A, & 525B ATLAS Winglet Maintenance of a certain publication listed in this AD with a TCU assembly that has a part number Manual Supplement, Report Number: TAG– as of December 28, 2020. listed in section 5 and a serial number listed 1100–0101, Issue G, dated September 3, in table 7.8 of Cranfield CAS/SB1480, Issue ADDRESSES: For service information 2019. identified in this final rule, contact A. (3) For Cranfield Aerospace Solutions (2) Determine whether centering strips Limited and Tamarack Aerospace Group Piper Aircraft, Inc., 2926 Piper Drive, have been installed on the trailing edge of the service information identified in this AD, Vero Beach, Florida 32960; telephone: TACS by following step 7.4. of Cranfield contact Tamarack Aerospace Group, Inc. (772) 567–4361; internet: https:// CAS/SB1480, Issue A. If the trailing edge of 2021 Industrial Drive, Sandpoint, Idaho www.piper.com. You may view this the TCAS does not have centering strips, 83864; telephone: (208) 255–4400; email: service information at the FAA, install Cranfield modification CAeM/Cessna/ [email protected]; internet: https:// Airworthiness Products Section, 1475. tamarackaero.com. Operational Safety Branch, 901 Locust, (h) Revision to the Maintenance Manual (4) You may view this service information Kansas City, Missouri 64106. For Supplement at the FAA, Airworthiness Products Section, information on the availability of this Operational Safety Branch, 901 Locust, (1) Before further flight after the effective Kansas City, Missouri 64106. For information material at the FAA, call (816) 329– date of this AD, revise the Airworthiness on the availability of this material at the 4148. It is also available on the internet Limitations section (ALS) and Instructions FAA, call (816) 329–4148. at https://www.regulations.gov by for Continued Airworthiness for your (5) You may view this service information searching for and locating Docket No. airplane by adding the updates in Tamarack that is incorporated by reference at the FAA–2017–1059. Aerospace Group Cessna 525, 525A & 525B National Archives and Records ATLAS Winglet Maintenance Manual Administration (NARA). For information on Examining the AD Docket Supplement, Report Number: TAG–1100– the availability of this material at NARA, You may examine the AD docket on 0101, Issue G, dated September 3, 2019. email: [email protected], or go to: (2) Thereafter, except as provided in the internet at https:// https://www.archives.gov/federal-register/cfr/ www.regulations.gov by searching for paragraph (i) of this AD, no alternative ibr-locations.html. inspection intervals may be approved for the and locating Docket No. FAA–2017– centering strips. Inserting a later issue of the Issued on November 13, 2020. 1059; or in person at Docket Operations ALS with language identical to that Lance T. Gant, between 9 a.m. and 5 p.m., Monday contained in Issue G for the centering strips Director, Compliance & Airworthiness through Friday, except Federal holidays. is acceptable for compliance with the Division, Aircraft Certification Service. The AD docket contains this final rule, requirements of this paragraph. [FR Doc. 2020–25689 Filed 11–20–20; 8:45 am] any comments received, and other (3) The airplane flight manual revision and information. The address for Docket placard required by AD 2019–08–13, if BILLING CODE 4910–13–P installed, may be removed after completing Operations is U.S. Department of the modifications required by paragraph (g) Transportation, Docket Operations, M– of this AD. DEPARTMENT OF TRANSPORTATION 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, (i) Alternative Methods of Compliance Federal Aviation Administration Washington, DC 20590. (AMOCs) FOR FURTHER INFORMATION CONTACT: Dan The Manager, New York ACO Branch, 14 CFR Part 39 FAA, has the authority to approve AMOCs McCully, Aerospace Engineer, FAA, for this AD, if requested using the procedures [Docket No. FAA–2017–1059; Project Atlanta ACO Branch, 1701 Columbia found in 14 CFR 39.19. Send information to Identifier 2017–CE–035–AD; Amendment Avenue, College Park, Georgia 30337; ATTN: Program Manager, Continued 39–21335; AD 2020–24–05] telephone: (404) 474–5548; fax: (404) Operational Safety FAA, New York ACO 474–5606; email: william.mccully@ Branch, 1600 Stewart Avenue, Suite 410, RIN 2120–AA64 faa.gov. Westbury, New York 11590; telephone: (516) SUPPLEMENTARY INFORMATION: 287–7321; fax: (516) 794–5531; email: 9-avs- Airworthiness Directives; Piper [email protected]. Before using any Aircraft, Inc. Airplanes Background approved AMOC on any airplane to which the AMOC applies, notify your appropriate AGENCY: Federal Aviation The FAA issued a supplemental principal inspector (PI) in the FAA Flight Administration (FAA), DOT. notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an Standards District Office (FSDO), or lacking ACTION: Final rule. a PI, your local FSDO. AD that would apply to certain serial-

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numbered Piper Models PA–28–140, consequent loss of control of the the lower wing skin near the left and the PA–28–150, PA–28–160, PA–28–180, airplane. The FAA is issuing this AD to right main wing spars, if not already PA–28–235, PA–32–260, and PA–32– address the unsafe condition on these there, inspecting for corrosion, and, if 300 airplanes. The SNPRM published in products. corrosion is found, taking all necessary corrective actions. The service bulletin the Federal Register on August 4, 2020 Comments (85 FR 47118). The FAA preceded the also contains procedures for applying SNPRM with a notice of proposed The FAA received a comment from an corrosion prevention and for verifying rulemaking (NPRM) that published in individual commenter. The commenter that the top inboard wing skin thickness the Federal Register on November 7, supported the SNPRM without change. meets or exceeds the minimum 2017 (82 FR 51583). Changes to the SNPRM thickness after corrosion is removed. The NPRM proposed to require This service information is reasonably The FAA has removed the proposed installing inspection access panels in available because the interested parties requirement in paragraph (g) of the the lower wing skin near the left and the have access to it through their normal SNPRM to clean the inspection area in right main wing spars (if not already course of business or by the means accordance with the instructions in the there), inspecting for corrosion, and identified in the ADDRESSES section. service information. Operators who taking all necessary corrective actions if access the inspection area by a method Differences Between This AD and the corrosion is found. The NPRM was other than the inspection panels may Service Information prompted by reports of significant not have sufficient access to clean the corrosion found in an area of the main Piper SB No. 1304A provides the area as described in the service wing spar not easily accessible for manufacturer’s procedures for installing information. The FAA has added inspection. access panels on the lower skin of the language to paragraph (h)(1) of the left wing and the right wing for easier After the NPRM was issued, Piper SNPRM to clarify that if corrosion access to the left and right main wing revised its service information to add a exceeds the minimum allowable limit, spar. This AD does not require installing minimum thickness dimension for the the structure must be repaired using a the access panels, but instead allows the top inboard wing skin and to include method approved by the FAA office installation as an option to access the procedures for reapplying corrosion specified in this AD. preventive compound if removed during inspection area. the inspection. Also, at the request of Conclusion In addition, Piper SB 1304A contains some commenters, the FAA replaced the The FAA reviewed the relevant data, actions labeled ‘‘Required for proposal in the NPRM to install access considered the comment received, and Compliance’’ (RC), and the language in panels for the visual inspection with determined that air safety requires the service bulletin and in paragraph optional access methods: The use of adopting the AD as proposed with the (j)(3) of this AD indicates that operators existing access panels, installation of clarification previously described. must comply with all actions labeled RC access panels, accessing the area during Accordingly, the FAA is issuing this AD for compliance with this AD. However, a concurrent inspection, or using a to address the unsafe condition on these this AD does not require all of the steps borescope through existing holes or products. labeled as RC. Operators only need to openings. In the SNPRM, the FAA comply with the RC steps called out in proposed to inspect the left and right Related Service Information Under 1 paragraphs (g) and (h) of this AD. main wing spar for corrosion, and, if CFR Part 51 Costs of Compliance corrosion is found, take all necessary The FAA reviewed Piper Service corrective actions. Bulletin No. 1304A, dated August 14, The FAA estimates that this AD Corrosion of the main wing spar, if 2018 (Piper SB 1304A). The service affects 11,476 airplanes of U.S. registry. not detected and corrected, could cause bulletin contains procedures for The FAA estimates the following costs the main wing spar to fail with installing an inspection access panel in to comply with this AD:

ESTIMATED COSTS

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

Main wing spar inspec- 2 work-hours × $85 per hour = $170 Not Applicable ...... $170 per inspection $1,950,920 per inspec- tion. to inspect both wings. cycle. tion cycle.

OPTIONAL COSTS

Cost per Optional action Labor cost Parts cost product

Install inspection access panel in the lower 6 work-hours × $85 per hour = $510 to in- $220 for the kit that contains provisions $730 wing skin near the left and the right main stall the inspection access panel on for installing inspections access panels wing spars. both wings. on both wings.

This AD does not require the On-Condition Costs each airplane, the cost to repair installation of the access panels for the damaged parts on each airplane, or the The extent of damage found during visual inspection; however, it allows the number of airplanes that may require the required inspection could vary installation of the panels, as one of four repair. significantly from airplane to airplane. options, to access the inspection area. The FAA has no way of determining how much damage may be found on

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Authority for This Rulemaking 13132. This AD will not have a the FAA amends 14 CFR part 39 as Title 49 of the United States Code substantial direct effect on the States, on follows: specifies the FAA’s authority to issue the relationship between the national government and the States, or on the PART 39—AIRWORTHINESS rules on aviation safety. Subtitle I, DIRECTIVES section 106, describes the authority of distribution of power and responsibilities among the various the FAA Administrator. Subtitle VII: ■ levels of government. 1. The authority citation for part 39 Aviation Programs, describes in more continues to read as follows: detail the scope of the Agency’s For the reasons discussed above, I Authority: 49 U.S.C. 106(g), 40113, 44701. authority. certify that this AD: The FAA is issuing this rulemaking (1) Is not a ‘‘significant regulatory § 39.13 [Amended] action’’ under Executive Order 12866, under the authority described in ■ 2. The FAA amends § 39.13 by adding Subtitle VII, Part A, Subpart III, Section (2) Will not affect intrastate aviation in Alaska to the extent that it justifies the following new airworthiness 44701: General requirements. Under directive: that section, Congress charges the FAA making a regulatory distinction, and with promoting safe flight of civil (3) Will not have a significant 2020–24–05 Piper Aircraft, Inc.: aircraft in air commerce by prescribing economic impact, positive or negative, Amendment 39–21335; Docket No. regulations for practices, methods, and on a substantial number of small entities FAA–2017–1059; Project Identifier 2017–CE–035–AD. procedures the Administrator finds under the criteria of the Regulatory necessary for safety in air commerce. Flexibility Act. (a) Effective Date This regulation is within the scope of List of Subjects in 14 CFR Part 39 This airworthiness directive (AD) is that authority because it addresses an effective December 28, 2020. unsafe condition that is likely to exist or Air transportation, Aircraft, Aviation (b) Affected ADs develop on products identified in this safety, Incorporation by reference, rulemaking action. Safety. None. (c) Applicability Regulatory Findings The Amendment This AD applies to the following Piper This AD will not have federalism Accordingly, under the authority Aircraft, Inc. model airplanes that are implications under Executive Order delegated to me by the Administrator, certificated in any category:

(d) Subject (f) Compliance (1) Gain visual access to the inspection Joint Aircraft System Component (JASC)/ Comply with this AD within the area by complying with either paragraph Air Transport Association (ATA) of America compliance times specified, unless already (g)(1)(i), (ii), (iii), or (iv) of this AD. Code 5711, Wing Spar. done. Note 1 to paragraph (g)(1) of this AD: Step 1 and figure 1 in Part I Wing Spar Inspection (e) Unsafe Condition (g) Inspect the Left and Right Main Wing of Piper Aircraft, Inc. Service Bulletin No. Spars for Corrosion This AD was prompted by reports of 1304A, August 14, 2018 (Piper SB No. corrosion found in an area of the main wing Within the next 100 hours time-in-service 1304A), contain instructions you may use for spar not easily accessible for inspection. The (TIS) after the effective date of this AD or identifying the inspection area and FAA is issuing this AD to detect and correct within the next 12 months after the effective determining if wing access panels have been corrosion in the wing root area of the left and date of this AD, whichever occurs first, and installed. the right main wing spars. Corrosion of the thereafter at intervals not to exceed 7 years, (i) Remove existing wing inspection access main wing spar, if not detected and inspect the forward and aft surfaces of the panels and fairings. corrected, could cause the main wing spar to left and right main wing spars between wing (ii) Install Inspection Access Hole Kit part fail with consequent loss of control of the station (WS) 24.24 and WS 49.25 for number 765–106V, and then remove the wing airplane. corrosion as follows. inspection access panels and fairings.

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(iii) Access the inspection area during or lacking a principal inspector, the manager DEPARTMENT OF TRANSPORTATION concurrent maintenance such as a wing tank of the local flight standards district office/ removal, wing removal, or wing skin repair. certificate holding district office. Federal Aviation Administration (iv) Use a lighted borescope capable of 10X (3) For service information that contains or higher power magnification display steps that are labeled as required for 14 CFR Part 39 through existing access points (e.g., wing root Compliance (RC), the following provisions fairing, landing gear panels, internal [Docket No. FAA–2020–0753; Project apply. lightening holes, or other access points Identifier 2019–CE–033–AD; Amendment depending on model). (i) The steps labeled as RC, including 39–21331; AD 2020–24–01] (2) Identify the wing spar configuration for substeps under an RC step and any figures your airplane in accordance with table 1 and identified in an RC step, must be done to RIN 2120–AA64 figure 2 (sheets 1 and 2) in Part I Wing Spar comply with the AD. An AMOC is required Inspection of Piper SB No. 1304A. Visually for any deviations to RC steps, including Airworthiness Directives; Pilatus inspect each spar component for evidence of substeps and identified figures. Aircraft Ltd. Airplanes corrosion, including irregularities such as (ii) Steps not labeled as RC may be AGENCY: Federal Aviation blisters, flakes, chips, lumps, bulging skin, deviated from using accepted methods in and missing rivets. Administration (FAA), DOT. accordance with the operator’s maintenance ACTION: Note 2 to paragraph (g)(2) of this AD: Paint or inspection program without obtaining Final rule. coatings may mask the initial stages of approval of an AMOC, provided the RC steps, corrosion, and faying surfaces, such as SUMMARY: The FAA is adopting a new riveted lap joints, may hide corrosion. including substeps and identified figures, can airworthiness directive (AD) for certain still be done as specified, and the airplane Pilatus Aircraft Ltd. Model PC–24 (h) Corrective Actions can be put back in an airworthy condition. airplanes. This AD results from (1) If any evidence of corrosion is found (k) Related Information mandatory continuing airworthiness during any inspection required by paragraph For more information about this AD, information (MCAI) originated by an (g) of this AD, before further flight, remove aviation authority of another country to the corrosion and determine whether the contact Dan McCully, Aerospace Engineer, thickness of the component meets or exceeds FAA, Atlanta ACO Branch, 1701 Columbia identify and correct an unsafe condition the minimum thickness at all locations in Avenue, College Park, Georgia 30337; on an aviation product. The MCAI accordance with table 2 and step 5 in Part I telephone: (404) 474–5548; fax: (404) 474– identifies the unsafe condition as Wing Spar Inspection of Piper SB No. 1304A. 5606; email: [email protected]. overheating of the electrical wiring If the thickness of the component at any splices close to the right-hand pitot- location is less than the minimum thickness (l) Material Incorporated by Reference static connector on frame 10. The FAA specified in table 2 of Part I Wing Spar (1) The Director of the Federal Register is issuing this AD to address the unsafe Inspection of Piper SB No. 1304A, before approved the incorporation by reference of condition on these products. further flight, repair the structure in the service information listed in this accordance with a method approved by the DATES: This AD is effective December Manager, Atlanta ACO Branch, FAA. For a paragraph under 5 U.S.C. 552(a) and 1 CFR 28, 2020. repair method to be approved by the part 51. The Director of the Federal Register Manager, Atlanta ACO Branch, as required by (2) You must use this service information approved the incorporation by reference this paragraph, the Manager’s approval letter as applicable to do the actions required by of a certain publication listed in this AD must specifically refer to this AD. this AD, unless the AD specifies otherwise. as of December 28, 2020. (2) If corrosion preventative compound (i) Piper Aircraft, Inc. Service Bulletin No. ADDRESSES: For service information was removed as part of any inspection 1304A, August 14, 2018. required by paragraph (g) of this AD, before (ii) [Reserved] identified in this final rule, contact further flight, apply corrosion preventative (3) For Piper Aircraft, Inc. service Pilatus Aircraft Ltd., Customer compound by following step 1 in Part III information identified in this AD, contact Technical Support (MCC), P.O. Box 992, Return to Service of Piper SB No. 1304A. Piper Aircraft, Inc., 2926 Piper Drive, Vero CH–6371 Stans, Switzerland; telephone: (i) Credit for Actions Done Following Beach, Florida 32960; telephone: (772) 567– +41 (0)41 619 67 74; fax: +41 (0)41 619 Previous Service Information 4361; internet: https://www.piper.com. 67 73; email: Techsupport@pilatus- This paragraph provides credit for the (4) You may view this service information aircraft.com; internet: https:// initial inspection and application of at FAA, Airworthiness Products Section, www.pilatus-aircraft.com/en. You may corrosion preventative compound required Operational Safety Branch, 901 Locust, view this service information at the by paragraphs (g) and (h)(2) of this AD if you Kansas City, Missouri 64106. For information FAA, Airworthiness Products Section, performed the inspection before the effective on the availability of this material at the Operational Safety Branch, 901 Locust, date of this AD using Piper Aircraft, Inc. FAA, call (816) 329–4148. Kansas City, Missouri 64106. For Service Bulletin No. 1304, dated August 23, (5) You may view this service information information on the availability of this 2017, and no evidence of corrosion was that is incorporated by reference at the material at the FAA, call (816) 329– found. National Archives and Records 4148. It is also available at https:// (j) Alternative Methods of Compliance Administration (NARA). For information on www.regulations.gov by searching for (AMOCs) the availability of this material at NARA, and locating Docket No. FAA–2020– (1) The Manager, Atlanta ACO Branch, email: [email protected], or go to: http:// 0753. FAA, has the authority to approve AMOCs www.archives.gov/federal-register/cfr/ibr- Examining the AD Docket for this AD, if requested using the procedures locations.html. found in 14 CFR 39.19. In accordance with You may examine the AD docket at Issued on November 13, 2020. 14 CFR 39.19, send your request to your https://www.regulations.gov by principal inspector or local Flight Standards Lance T. Gant, searching for and locating Docket No. District Office, as appropriate. If sending Director, Compliance & Airworthiness FAA–2020–0753; or in person at Docket information directly to the manager of the Division, Aircraft Certification Service. certification office, send it to the attention of Operations between 9 a.m. and 5 p.m., the person identified in paragraph (k) of this [FR Doc. 2020–25690 Filed 11–20–20; 8:45 am] Monday through Friday, except Federal AD. BILLING CODE 4910–13–P holidays. The AD docket contains this (2) Before using any approved AMOC, final rule, any comments received, and notify your appropriate principal inspector, other information. The address for

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Docket Operations is U.S. Department of Discussion of Final Airworthiness This regulation is within the scope of Transportation, Docket Operations, M– Directive that authority because it addresses an unsafe condition that is likely to exist or 30, West Building Ground Floor, Room Comments W12–140, 1200 New Jersey Avenue SE, develop on products identified in this Washington, DC 20590. The FAA received no comments on rulemaking action. the NPRM or on the determination of FOR FURTHER INFORMATION CONTACT: the costs. Regulatory Findings Doug Rudolph, Aviation Safety This AD will not have federalism Conclusion Engineer, FAA, General Aviation & implications under Executive Order Rotorcraft Section, International The FAA reviewed the relevant data 13132. This AD will not have a Validation Branch, 901 Locust, Room and determined that air safety requires substantial direct effect on the States, on 301, Kansas City, Missouri 64106; adopting this AD as proposed in the the relationship between the national telephone: (816) 329–4059; fax: (816) NPRM. Accordingly, the FAA is issuing government and the States, or on the 329–4090; email: doug.rudolph@ this AD to address the unsafe condition distribution of power and faa.gov. on these products. responsibilities among the various levels of government. SUPPLEMENTARY INFORMATION: Related Service Information Under 1 CFR Part 51 For the reasons discussed above, I Background certify that this AD: Pilatus Aircraft Ltd. has issued Pilatus (1) Is not a ‘‘significant regulatory The FAA issued a notice of proposed PC–24 Service Bulletin No. 30–002, action’’ under Executive Order 12866, rulemaking (NPRM) to amend 14 CFR dated April 3, 2019. The service (2) Will not affect intrastate aviation part 39 by adding an AD that would information contains procedures for in Alaska, and apply to certain serial-numbered Pilatus replacing certain electrical splices and (3) Will not have a significant Aircraft Ltd. Model PC–24 airplanes. wire for the pitot and static probes. This economic impact, positive or negative, The NPRM published in the Federal service information is reasonably on a substantial number of small entities Register on September 2, 2020 (85 FR available because the interested parties under the criteria of the Regulatory 54515). The NPRM was prompted by have access to it through their normal Flexibility Act. course of business or by the means MCAI originated by the European Union List of Subjects in 14 CFR Part 39 Aviation Safety Agency (EASA), which identified in the ADDRESSES section. Air transportation, Aircraft, Aviation is the Technical Agent for the Member Costs of Compliance States of the European Union. EASA safety, Incorporation by reference, The FAA estimates that this proposed Safety. issued AD No. 2019–0166, dated July AD will affect 16 products of U.S. 15, 2019 (referred to after this as ‘‘the registry. The FAA also estimates that it The Amendment MCAI’’), to correct an unsafe condition would take 6 work-hours per product to Accordingly, under the authority for Pilatus Aircraft Ltd. Model PC–24 comply with the basic requirements of delegated to me by the Administrator, airplanes. The MCAI states: this proposed AD. The average labor the FAA amends 14 CFR part 39 as During maintenance it was found that rate is $85 per work-hour. Required follows: affected parts located close to the right-hand parts would cost about $65 per product. pitot/static connector on frame 10 showed Based on these figures, the FAA PART 39—AIRWORTHINESS signs of overheating. estimates the cost of the proposed AD DIRECTIVES This condition, if not corrected, could lead on U.S. operators to be $9,200, or $575 ■ to an uncontrolled fire in the cockpit area, or per product. 1. The authority citation for part 39 loss of probe heating and de-icing function, The FAA has included all known continues to read as follows: possibly resulting in reduced control of the costs in its cost estimate. According to Authority: 49 U.S.C. 106(g), 40113, 44701. aeroplane. the manufacturer, however, some of the § 39.13 [Amended] To address this potential unsafe condition, costs of this AD may be covered under Pilatus issued the [service bulletin] SB to warranty, thereby reducing the cost ■ 2. The FAA amends § 39.13 by adding provide modification instructions. impact on affected operators. the following new airworthiness For the reason described above, this directive: Authority for This Rulemaking [EASA] AD requires replacement of affected 2020–24–01 Pilatus Aircraft Ltd.: parts with serviceable parts, and prohibits Title 49 of the United States Code Amendment 39–21331; Docket No. (re)installation of affected parts. specifies the FAA’s authority to issue FAA–2020–0753; Project Identifier rules on aviation safety. Subtitle I, 2019–CE–033–AD. The MCAI identifies the ‘‘affected section 106, describes the authority of (a) Effective Date part’’ as electrical wiring splice part the FAA Administrator. Subtitle VII: number (P/N) 971.31.32.561 and a Aviation Programs, describes in more This airworthiness directive (AD) is ‘‘serviceable part’’ as electrical wiring detail the scope of the Agency’s effective December 28, 2020. splice P/N 971.31.32.641. EASA authority. (b) Affected ADs identified the root cause of the The FAA is issuing this rulemaking None. overheating as internal corrosion of the under the authority described in affected splices, which are not Subtitle VII, Part A, Subpart III, Section (c) Applicability immersion-resistant, due to moisture 44701: General requirements. Under This airworthiness directive (AD) applies ingress. The serviceable splices are that section, Congress charges the FAA to Pilatus Aircraft Ltd. Model PC–24 immersion-resistant. You may examine with promoting safe flight of civil airplanes, serial numbers 101 through 125 inclusive, certificated in any category. the MCAI at https:// aircraft in air commerce by prescribing www.regulations.gov by searching for regulations for practices, methods, and (d) Subject and locating Docket No. FAA–2020– procedures the Administrator finds Air Transport Association of America 0753. necessary for safety in air commerce. (ATA) Code 30: Ice and Rain Protection.

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(e) Reason Support (MCC), P.O. Box 992, CH–6371 Background Stans, Switzerland; telephone: +41 (0)41 619 This AD was prompted by mandatory On March 24, 2020, DHS published continuing airworthiness information (MCAI) 67 74; fax: +41 (0)41 619 67 73; email: [email protected]; internet: notice of the Secretary’s decision to originated by an aviation authority of another temporarily limit the travel of country to identify and correct an unsafe https://www.pilatus-aircraft.com/en. condition on an aviation product. The MCAI (4) You may view this service information individuals from Canada into the United describes the unsafe condition as overheating at the FAA, Airworthiness Products Section, States at land ports of entry along the of the electrical wiring splices close to the Operational Safety Branch, 901 Locust, United States-Canada border to right-hand pitot-static connector on frame 10. Kansas City, Missouri 64106. For information ‘‘essential travel,’’ as further defined in The FAA is issuing this AD to prevent on the availability of this material at the that document.1 The document overheating of the pitot and static probe FAA, call (816) 329–4148. described the developing circumstances electrical splices, which could lead to loss of (5) You may view this service information regarding the COVID–19 pandemic and that is incorporated by reference at the probe heating and de-icing function or an stated that, given the outbreak and inflight fire. National Archives and Records Administration (NARA). For information on continued transmission and spread of (f) Actions and Compliance the availability of this material at NARA, the virus associated with COVID–19 Unless already done, do the following email: [email protected], or go to: within the United States and globally, actions in paragraphs (f)(1) and (2) of this https://www.archives.gov/federal-register/cfr/ the Secretary had determined that the AD: ibr-locations.html. risk of continued transmission and (1) Within 3 months after the effective date Issued on November 9, 2020. spread of the virus associated with of this AD, for the pitot and static probes de- COVID–19 between the United States ice wiring, replace wire H279A10 with wire Lance T. Gant, Director, Compliance & Airworthiness and Canada posed a ‘‘specific threat to H279A12 and replace each electrical wiring human life or national interests.’’ The splice part number (P/N) 971.31.32.561 with Division, Aircraft Certification Service. electrical wiring splice P/N 971.31.32.641 by [FR Doc. 2020–25701 Filed 11–20–20; 8:45 am] Secretary later published a series of notifications continuing such following the Accomplishment BILLING CODE 4910–13–P Instructions—Aircraft, section 3.B., of Pilatus limitations on travel until 11:59 p.m. Aircraft Ltd. PC–24 Service Bulletin No. 30– EST on November 21, 2020.2 002, dated April 3, 2019. The Secretary has continued to (2) After completing the requirements of DEPARTMENT OF HOMELAND monitor and respond to the COVID–19 paragraph (f)(1) of this AD, do not install a SECURITY pandemic. As of the week of November pitot and static probes de-ice wire H279A10 15, there are over 53 million confirmed or electrical wiring splice P/N 971.31.32.561 U.S. Customs and Border Protection cases globally, with over 1.3 million on any airplane. confirmed deaths.3 There are over 11.1 (g) Alternative Methods of Compliance 19 CFR Chapter I million confirmed and probable cases (AMOCs) within the United States,4 over 287,000 The Manager, International Validation Notification of Temporary Travel confirmed cases in Canada,5 and over Branch, FAA, has the authority to approve Restrictions Applicable to Land Ports 997,000 confirmed cases in Mexico.6 AMOCs for this AD, if requested using the of Entry and Ferries Service Between Notice of Action procedures found in 14 CFR 39.19. Send the United States and Canada information to Doug Rudolph, Aviation Given the outbreak and continued Safety Engineer, FAA, General Aviation & AGENCY: Office of the Secretary, U.S. transmission and spread of COVID–19 Rotorcraft Section, International Validation Department of Homeland Security; U.S. within the United States and globally, Branch, 901 Locust, Room 301, Kansas City, the Secretary has determined that the Missouri 64106; telephone: (816) 329–4059; Customs and Border Protection, U.S. fax: (816) 329–4090; email: doug.rudolph@ Department of Homeland Security. 1 85 FR 16548 (Mar. 24, 2020). That same day, faa.gov. Before using any approved AMOC on ACTION: Notification of continuation of any airplane to which the AMOC applies, DHS also published notice of the Secretary’s temporary travel restrictions. decision to temporarily limit the travel of notify your appropriate principal inspector individuals from Mexico into the United States at (PI) in the FAA Flight Standards District land ports of entry along the United States-Mexico SUMMARY Office (FSDO), or lacking a PI, your local : This document announces the border to ‘‘essential travel,’’ as further defined in FSDO. decision of the Secretary of Homeland that document. 85 FR 16547 (Mar. 24, 2020). Security (Secretary) to continue to 2 See 85 FR 67276 (Oct. 22, 2020); 85 FR 59670 (h) Related Information temporarily limit the travel of (Sept. 23, 2020); 85 FR 51634 (Aug. 21, 2020); 85 Refer to MCAI European Union Aviation individuals from Canada into the United FR 44185 (July 22, 2020); 85 FR 37744 (June 24, 2020); 85 FR 31050 (May 22, 2020); 85 FR 22352 Safety Agency AD No. 2019–0166, dated July States at land ports of entry along the 15, 2019. You may examine the MCAI at (Apr. 22, 2020). DHS also published parallel United States-Canada border. Such notifications of the Secretary’s decisions to https://www.regulations.gov by searching for continue temporarily limiting the travel of and locating Docket No. FAA–2020–0753. travel will be limited to ‘‘essential travel,’’ as further defined in this individuals from Mexico into the United States at (i) Material Incorporated by Reference land ports of entry along the United States-Mexico document. border to ‘‘essential travel.’’ See 85 FR 67275 (Oct. (1) The Director of the Federal Register 22, 2020); 85 FR 59669 (Sept. 23, 2020); 85 FR approved the incorporation by reference of DATES: These restrictions go into effect 51633 (Aug. 21, 2020); 85 FR 44183 (July 22, 2020); the service information listed in this at 12 a.m. Eastern Standard Time (EST) 85 FR 37745 (June 24, 2020); 85 FR 31057 (May 22, paragraph under 5 U.S.C. 552(a) and 1 CFR on November 22, 2020 and will remain 2020); 85 FR 22353 (Apr. 22, 2020). part 51. in effect until 11:59 p.m. EST on 3 WHO, Coronavirus disease 2019 (COVID–19) Weekly Epidemiological Update (Nov. 17, 2020), (2) You must use this service information December 21, 2020. as applicable to do the actions required by available at https://www.who.int/publications/m/ item/weekly-epidemiological-update---17- FOR FURTHER INFORMATION CONTACT: this AD, unless the AD specifies otherwise. Carl november-2020. (i) Pilatus PC–24 Service Bulletin No. 30– Jaigobind, Office of Field Operations 4 CDC, COVID Data Tracker (last updated Nov. 17, 002, dated April 3, 2019. Coronavirus Coordination Cell, U.S. 2020), available at https://covid.cdc.gov/covid-data- (ii) [Reserved] Customs and Border Protection (CBP) at tracker/. (3) For Pilatus Aircraft Ltd. service 202–325–0840. 5 WHO, COVID–19 Weekly Epidemiological information identified in this AD, contact Update (Nov. 17, 2020). Pilatus Aircraft Ltd., Customer Technical SUPPLEMENTARY INFORMATION: 6 Id.

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risk of continued transmission and reach individuals on both sides of the directed to prepare and distribute spread of the virus associated with border. appropriate guidance to CBP personnel COVID–19 between the United States For purposes of the temporary on the continued implementation of the and Canada poses an ongoing ‘‘specific alteration in certain designated ports of temporary measures set forth in this threat to human life or national entry operations authorized under 19 Notification. The CBP Commissioner interests.’’ U.S.C. 1318(b)(1)(C) and (b)(2), travel may determine that other forms of through the land ports of entry and ferry travel, such as travel in furtherance of U.S. and Canadian officials have terminals along the United States- economic stability or social order, mutually determined that non-essential Canada border shall be limited to constitute ‘‘essential travel’’ under this travel between the United States and ‘‘essential travel,’’ which includes, but Notification. Further, the CBP Canada poses additional risk of is not limited to— Commissioner may, on an transmission and spread of the virus • U.S. citizens and lawful permanent individualized basis and for associated with COVID–19 and places residents returning to the United States; humanitarian reasons or for other the populace of both nations at • Individuals traveling for medical purposes in the national interest, permit increased risk of contracting the virus purposes (e.g., to receive medical the processing of travelers to the United associated with COVID–19. Moreover, treatment in the United States); States not engaged in ‘‘essential travel.’’ given the sustained human-to-human • Individuals traveling to attend The Acting Secretary of Homeland transmission of the virus, returning to educational institutions; Security, Chad F. Wolf, having reviewed • previous levels of travel between the Individuals traveling to work in the and approved this document, has two nations places the personnel United States (e.g., individuals working delegated the authority to electronically staffing land ports of entry between the in the farming or agriculture industry sign this document to Chad R. Mizelle, United States and Canada, as well as the who must travel between the United who is the Senior Official Performing individuals traveling through these States and Canada in furtherance of the Duties of the General Counsel for ports of entry, at increased risk of such work); DHS, for purposes of publication in the • Individuals traveling for emergency exposure to the virus associated with Federal Register. response and public health purposes COVID–19. Accordingly, and consistent (e.g., government officials or emergency Chad R. Mizelle, with the authority granted in 19 U.S.C. responders entering the United States to Senior Official Performing the Duties of the 1318(b)(1)(C) and (b)(2),7 I have support federal, state, local, tribal, or General Counsel, U.S. Department of determined that land ports of entry territorial government efforts to respond Homeland Security. along the U.S.-Canada border will to COVID–19 or other emergencies); [FR Doc. 2020–25865 Filed 11–20–20; 8:45 am] continue to suspend normal operations • Individuals engaged in lawful cross- BILLING CODE 9112–FP–P and will only allow processing for entry border trade (e.g., truck drivers into the United States of those travelers supporting the movement of cargo engaged in ‘‘essential travel,’’ as defined between the United States and Canada); DEPARTMENT OF HOMELAND below. Given the definition of ‘‘essential • Individuals engaged in official SECURITY travel’’ below, this temporary alteration government travel or diplomatic travel; U.S. Customs and Border Protection in land ports of entry operations should • Members of the U.S. Armed Forces, not interrupt legitimate trade between and the spouses and children of 19 CFR Chapter I the two nations or disrupt critical members of the U.S. Armed Forces, supply chains that ensure food, fuel, returning to the United States; and • Notification of Temporary Travel medicine, and other critical materials Individuals engaged in military- Restrictions Applicable to Land Ports related travel or operations. of Entry and Ferries Service Between 7 19 U.S.C. 1318(b)(1)(C) provides that The following travel does not fall the United States and Mexico ‘‘[n]otwithstanding any other provision of law, the within the definition of ‘‘essential Secretary of the Treasury, when necessary to travel’’ for purposes of this AGENCY: Office of the Secretary, U.S. respond to a national emergency declared under the Notification— Department of Homeland Security; U.S. National Emergencies Act (50 U.S.C. 1601 et seq.) • or to a specific threat to human life or national Individuals traveling for tourism Customs and Border Protection, U.S. interests,’’ is authorized to ‘‘[t]ake any . . . action purposes (e.g., sightseeing, recreation, Department of Homeland Security. that may be necessary to respond directly to the gambling, or attending cultural events). ACTION: Notification of continuation of national emergency or specific threat.’’ On March At this time, this Notification does not temporary travel restrictions. 1, 2003, certain functions of the Secretary of the apply to air, freight rail, or sea travel Treasury were transferred to the Secretary of SUMMARY: This document announces the Homeland Security. See 6 U.S.C. 202(2), 203(1). between the United States and Canada, Under 6 U.S.C. 212(a)(1), authorities ‘‘related to but does apply to passenger rail, decision of the Secretary of Homeland Customs revenue functions’’ were reserved to the passenger ferry travel, and pleasure boat Security (Secretary) to continue to Secretary of the Treasury. To the extent that any travel between the United States and temporarily limit the travel of authority under section 1318(b)(1) was reserved to individuals from Mexico into the United the Secretary of the Treasury, it has been delegated Canada. These restrictions are to the Secretary of Homeland Security. See Treas. temporary in nature and shall remain in States at land ports of entry along the Dep’t Order No. 100–16 (May 15, 2003), 68 FR effect until 11:59 p.m. EST on December United States-Mexico border. Such 28322 (May 23, 2003). Additionally, 19 U.S.C. 21, 2020. This Notification may be travel will be limited to ‘‘essential 1318(b)(2) provides that ‘‘[n]otwithstanding any travel,’’ as further defined in this other provision of law, the Commissioner of U.S. amended or rescinded prior to that time, Customs and Border Protection, when necessary to based on circumstances associated with document. respond to a specific threat to human life or the specific threat.8 DATES: These restrictions go into effect national interests, is authorized to close temporarily The Commissioner of U.S. Customs any Customs office or port of entry or take any other at 12 a.m. Eastern Standard Time (EST) lesser action that may be necessary to respond to and Border Protection (CBP) is hereby on November 22, 2020 and will remain the specific threat.’’ Congress has vested in the in effect until 11:59 p.m. EST on Secretary of Homeland Security the ‘‘functions of 8 DHS is working closely with counterparts in December 21, 2020. all officers, employees, and organizational units of Mexico and Canada to identify appropriate public the Department,’’ including the Commissioner of health conditions to safely ease restrictions in the FOR FURTHER INFORMATION CONTACT: Carl CBP. 6 U.S.C. 112(a)(3). future and support U.S. border communities. Jaigobind, Office of Field Operations

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Coronavirus Coordination Cell, U.S. Notice of Action the two nations or disrupt critical Customs and Border Protection (CBP) at Given the outbreak and continued supply chains that ensure food, fuel, 202–325–0840. transmission and spread of COVID–19 medicine, and other critical materials reach individuals on both sides of the SUPPLEMENTARY INFORMATION: within the United States and globally, the Secretary has determined that the border. Background risk of continued transmission and For purposes of the temporary alteration in certain designated ports of On March 24, 2020, DHS published spread of the virus associated with COVID–19 between the United States entry operations authorized under 19 notice of the Secretary’s decision to U.S.C. 1318(b)(1)(C) and (b)(2), travel temporarily limit the travel of and Mexico poses an ongoing ‘‘specific threat to human life or national through the land ports of entry and ferry individuals from Mexico into the United terminals along the United States- States at land ports of entry along the interests.’’ U.S. and Mexican officials have Mexico border shall be limited to United States-Mexico border to ‘‘essential travel,’’ which includes, but ‘‘essential travel,’’ as further defined in mutually determined that non-essential travel between the United States and is not limited to— that document.1 The document • U.S. citizens and lawful permanent described the developing circumstances Mexico poses additional risk of transmission and spread of the virus residents returning to the United States; regarding the COVID–19 pandemic and • Individuals traveling for medical associated with COVID–19 and places stated that, given the outbreak and purposes (e.g., to receive medical the populace of both nations at continued transmission and spread of treatment in the United States); increased risk of contracting the virus the virus associated with COVID–19 • Individuals traveling to attend associated with COVID–19. Moreover, within the United States and globally, educational institutions; given the sustained human-to-human the Secretary had determined that the • Individuals traveling to work in the transmission of the virus, returning to risk of continued transmission and United States (e.g., individuals working previous levels of travel between the spread of the virus associated with in the farming or agriculture industry two nations places the personnel COVID–19 between the United States who must travel between the United staffing land ports of entry between the States and Mexico in furtherance of and Mexico posed a ‘‘specific threat to United States and Mexico, as well as the human life or national interests.’’ The such work); individuals traveling through these • Individuals traveling for emergency Secretary later published a series of ports of entry, at increased risk of notifications continuing such response and public health purposes exposure to the virus associated with (e.g., government officials or emergency limitations on travel until 11:59 p.m. COVID–19. Accordingly, and consistent EST on November 21, 2020.2 responders entering the United States to with the authority granted in 19 U.S.C. support federal, state, local, tribal, or The Secretary has continued to 7 1318(b)(1)(C) and (b)(2), I have territorial government efforts to respond monitor and respond to the COVID–19 determined that land ports of entry to COVID–19 or other emergencies); pandemic. As of the week of November along the U.S.-Mexico border will • Individuals engaged in lawful cross- 15, there are over 53 million confirmed continue to suspend normal operations border trade (e.g., truck drivers cases globally, with over 1.3 million and will only allow processing for entry supporting the movement of cargo 3 confirmed deaths. There are over 11.1 into the United States of those travelers between the United States and Mexico); million confirmed and probable cases engaged in ‘‘essential travel,’’ as defined • Individuals engaged in official 4 within the United States, over 287,000 below. Given the definition of ‘‘essential government travel or diplomatic travel; confirmed cases in Canada,5 and over travel’’ below, this temporary alteration • Members of the U.S. Armed Forces, 997,000 confirmed cases in Mexico.6 in land ports of entry operations should and the spouses and children of not interrupt legitimate trade between members of the U.S. Armed Forces, 1 85 FR 16547 (Mar. 24, 2020). That same day, returning to the United States; and DHS also published notice of the Secretary’s 7 19 U.S.C. 1318(b)(1)(C) provides that • Individuals engaged in military- decision to temporarily limit the travel of ‘‘[n]otwithstanding any other provision of law, the related travel or operations. individuals from Canada into the United States at Secretary of the Treasury, when necessary to land ports of entry along the United States-Canada respond to a national emergency declared under the The following travel does not fall border to ‘‘essential travel,’’ as further defined in National Emergencies Act (50 U.S.C. 1601 et seq.) within the definition of ‘‘essential that document. 85 FR 16548 (Mar. 24, 2020). or to a specific threat to human life or national travel’’ for purposes of this 2 See 85 FR 67275 (Oct. 22, 2020); 85 FR 59669 interests,’’ is authorized to ‘‘[t]ake any . . . action that may be necessary to respond directly to the Notification— (Sept. 23, 2020); 85 FR 51633 (Aug. 21, 2020); 85 • Individuals traveling for tourism FR 44183 (July 22, 2020); 85 FR 37745 (June 24, national emergency or specific threat.’’ On March 2020); 85 FR 31057 (May 22, 2020); 85 FR 22353 1, 2003, certain functions of the Secretary of the purposes (e.g., sightseeing, recreation, (Apr. 22, 2020). DHS also published parallel Treasury were transferred to the Secretary of gambling, or attending cultural events). notifications of the Secretary’s decisions to Homeland Security. See 6 U.S.C. 202(2), 203(1). At this time, this Notification does not Under 6 U.S.C. 212(a)(1), authorities ‘‘related to continue temporarily limiting the travel of apply to air, freight rail, or sea travel individuals from Canada into the United States at Customs revenue functions’’ were reserved to the land ports of entry along the United States-Canada Secretary of the Treasury. To the extent that any between the United States and Mexico, border to ‘‘essential travel.’’ See 85 FR 67276 (Oct. authority under section 1318(b)(1) was reserved to but does apply to passenger rail, 22, 2020); 85 FR 59670 (Sept. 23, 2020); 85 FR the Secretary of the Treasury, it has been delegated passenger ferry travel, and pleasure boat to the Secretary of Homeland Security. See Treas. 51634 (Aug. 21, 2020); 85 FR 44185 (July 22, 2020); travel between the United States and 85 FR 37744 (June 24, 2020); 85 FR 31050 (May 22, Dep’t Order No. 100–16 (May 15, 2003), 68 FR 2020); 85 FR 22352 (Apr. 22, 2020). 28322 (May 23, 2003). Additionally, 19 U.S.C. Mexico. These restrictions are 1318(b)(2) provides that ‘‘[n]otwithstanding any 3 WHO, Coronavirus disease 2019 (COVID–19) temporary in nature and shall remain in other provision of law, the Commissioner of U.S. Weekly Epidemiological Update (Nov. 17, 2020), Customs and Border Protection, when necessary to effect until 11:59 p.m. EST on December available at https://www.who.int/publications/m/ respond to a specific threat to human life or 21, 2020. This Notification may be item/weekly-epidemiological-update---17- national interests, is authorized to close temporarily november-2020. amended or rescinded prior to that time, any Customs office or port of entry or take any other 4 CDC, COVID Data Tracker (last updated Nov. 17, based on circumstances associated with lesser action that may be necessary to respond to 8 2020), available at https://covid.cdc.gov/covid-data- the specific threat.’’ Congress has vested in the the specific threat. tracker/. Secretary of Homeland Security the ‘‘functions of 5 WHO, COVID–19 Weekly Epidemiological all officers, employees, and organizational units of 8 DHS is working closely with counterparts in Update (Nov. 17, 2020). the Department,’’ including the Commissioner of Mexico and Canada to identify appropriate public 6 Id. CBP. 6 U.S.C. 112(a)(3). Continued

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The Commissioner of U.S. Customs authorized by the Captain of the Port III. Legal Authority and Need for Rule and Border Protection (CBP) is hereby Sector New Orleans or an authorized The Coast Guard is issuing this rule directed to prepare and distribute representative. under authority in 46 U.S.C. 70034 appropriate guidance to CBP personnel DATES: This rule is effective without (previously 33 U.S.C. 1231). The on the continued implementation of the actual notice from November 23, 2020 Captain of the Port Sector New Orleans temporary measures set forth in this through December 4, 2020. For the (COTP) has determined that potential Notification. The CBP Commissioner purposes of enforcement, actual notice hazards associated with emergency may determine that other forms of will be used from November 10, 2020 repair operations, consisting of securing travel, such as travel in furtherance of until November 23, 2020. and repairing the damaged LOBO economic stability or social order, ADDRESSES: To view documents Durango structure, will be of a safety constitute ‘‘essential travel’’ under this mentioned in this preamble as being concern for anyone within a 100-yard Notification. Further, the CBP available in the docket, go to https:// radius of the structure, located at Commissioner may, on an www.regulations.gov, type USCG–2020– approximately 29 27.000 N, 089 17.682 individualized basis and for 0684 in the ‘‘SEARCH’’ box and click W, Breton Sound, Block 49. This rule is humanitarian reasons or for other ‘‘SEARCH.’’ Click on Open Docket necessary to protect personnel, vessels, purposes in the national interest, permit Folder on the line associated with this and the marine environment on the the processing of travelers to the United rule. navigable waters within the safety zone States not engaged in ‘‘essential travel.’’ FOR FURTHER INFORMATION CONTACT: If while the repairs are being carried out. The Acting Secretary of Homeland you have questions on this rule, call or Security, Chad F. Wolf, having reviewed IV. Discussion of the Rule email Lieutenant Commander Corinne and approved this document, has Plummer, Sector New Orleans, U.S. This rule establishes a safety zone delegated the authority to electronically Coast Guard; telephone 504–365–2246, starting November 10, 2020 until sign this document to Chad R. Mizelle, email [email protected]. approximately December 4, 2020, or who is the Senior Official Performing until repairs are complete, whichever SUPPLEMENTARY INFORMATION: the Duties of the General Counsel for comes first. The temporary safety zone DHS, for purposes of publication in the I. Table of Abbreviations will encompass all navigable waters within 100-yards radius of the LOBO Federal Register. CFR Code of Federal Regulations Durango structure located in Breton Chad R. Mizelle, DHS Department of Homeland Security FR Federal Register Sound, Block 49, at approximately 29 Senior Official Performing the Duties of the NPRM Notice of proposed rulemaking 27.000 N, 089 17.682 W. The duration General Counsel, U.S. Department of § Section of the zone is intended to protect Homeland Security. U.S.C. United States Code personnel, vessels, and the marine [FR Doc. 2020–25866 Filed 11–20–20; 8:45 am] environment in these navigable waters BILLING CODE 9112–FP–P II. Background Information and Regulatory History while the structure is being repaired. No vessel or person will be permitted to The Coast Guard is issuing this enter the safety zone without obtaining DEPARTMENT OF HOMELAND temporary rule without prior notice and permission from the COTP or a SECURITY opportunity to comment pursuant to designated representative. Vessels authority under section 4(a) of the requiring entry into this safety zone Coast Guard Administrative Procedure Act (APA) (5 must request permission from the COTP U.S.C. 553(b)). This provision or a designated representative. They 33 CFR Part 165 authorizes an agency to issue a rule may be contacted on VHF–FM Channel [Docket Number USCG–2020–0684] without prior notice and opportunity to 16 or 67 or by telephone at (504) 365– comment when the agency for good 2200. Persons and vessels permitted to RIN 1625–AA00 cause finds that those procedures are enter this safety zone must transit at ‘‘impracticable, unnecessary, or contrary their slowest safe speed and comply Safety Zone; Breton Sound, New to the public interest.’’ Under 5 U.S.C. Orleans, LA with all lawful directions issued by the 553(b)(B), the Coast Guard finds that COTP or the designated representative. AGENCY: Coast Guard, DHS. good cause exists for not publishing a The COTP or a designated ACTION: Temporary final rule. notice of proposed rulemaking (NPRM) representative will inform the public of with respect to this rule because it is the enforcement times and date for this SUMMARY: The Coast Guard is impracticable. It is impracticable to safety zone through Broadcast Notices to establishing a temporary safety zone for publish an NPRM because we must Mariners (BNMs), Local Notices to certain navigable waters of Breton establish this temporary safety zone as Mariners (LNMs), and/or Marine Safety Sound, LA. The safety zone soon as possible and lack sufficient time Information Bulletins (MSIBs), as encompasses all navigable waters to provide a reasonable comment period appropriate. within a 100-yard radius of the LOBO and then consider those comments Durango platform riser in Breton Sound before issuing the rule. V. Regulatory Analyses Block 49 at 29 27.000 N, 089 17.682 W. Under 5 U.S.C. 553(d)(3), the Coast We developed this rule after The temporary safety zone is necessary Guard finds that good cause exists for considering numerous statutes and to protect personnel, vessels, and the making this rule effective less than 30 Executive orders related to rulemaking. marine environment from potential days after publication in the Federal Below we summarize our analyses hazards created by emergency repair Register. Delaying the effective date of based on a number of these statutes and operations to the damaged structure. this rule would be contrary to public Executive orders, and we discuss First Entry of vessels or persons into this interest because immediate action is Amendment rights of protestors. zone is prohibited unless specifically needed to respond to the potential safety hazards associated with the A. Regulatory Planning and Review health conditions to safely ease restrictions in the emergency repairs on/near LOBO Executive Orders 12866 and 13563 future and support U.S. border communities. Durango platform riser. direct agencies to assess the costs and

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benefits of available regulatory Small businesses may send comments F. Environment alternatives and, if regulation is on the actions of Federal employees We have analyzed this rule under necessary, to select regulatory who enforce, or otherwise determine Department of Homeland Security approaches that maximize net benefits. compliance with, Federal regulations to Directive 023–01, Rev. 1, associated Executive Order 13771 directs agencies the Small Business and Agriculture implementing instructions, and to control regulatory costs through a Regulatory Enforcement Ombudsman Environmental Planning COMDTINST budgeting process. This rule has not and the Regional Small Business 5090.1 (series), which guide the Coast been designated a ‘‘significant Regulatory Fairness Boards. The Guard in complying with the National regulatory action,’’ under Executive Ombudsman evaluates these actions Environmental Policy Act of 1969 (42 Order 12866. Accordingly, this rule has annually and rates each agency’s U.S.C. 4321–4370f), and have not been reviewed by the Office of responsiveness to small business. If you determined that this action is one of a Management and Budget (OMB), and wish to comment on actions by category of actions that do not pursuant to OMB guidance it is exempt employees of the Coast Guard, call 1– individually or cumulatively have a from the requirements of Executive 888–REG–FAIR (1–888–734–3247). The significant effect on the human Order 13771. Coast Guard will not retaliate against environment. This rule involves a This regulatory action determination small entities that question or complain temporary safety zone that prohibits is based on the size and duration of the about this rule or any policy or action entry within 100-yard radius of the temporary safety zone. This safety zone of the Coast Guard. LOBO Durango structure located at will restrict vessel traffic from entering approximately 29 27.000 N, 089 17.682 or remaining within a 100-yard radial C. Collection of Information W, Breton Sound, Block 49 for about 30 section of Breton Sound, Block 49, days. It is categorically excluded from This rule will not call for a new while an emergency repairs to LOBO further review under paragraph L[60a] collection of information under the Durango structure occur. The repairs are of Appendix A, Table 1 of DHS Paperwork Reduction Act of 1995 (44 expected to take no longer than 30 days. Instruction Manual 023–01–001–01, Moreover, the Coast Guard will issue a U.S.C. 3501–3520). Rev. 1. A Record of Environmental Broadcast Notices to Mariners (BNMs) D. Federalism and Indian Tribal Consideration supporting this via VHF–FM marine channel 16 about Governments determination is available in the docket. the zone, and the rule allows vessels to For instructions on locating the docket, seek permission to enter the zone, Local A rule has implications for federalism see the ADDRESSES section of this Notices to Mariners (LNMs), and/or under Executive Order 13132, preamble. Marine Safety Information Bulletins Federalism, if it has a substantial direct G. Protest Activities (MSIBs), as appropriate. effect on the States, on the relationship between the National Government and The Coast Guard respects the First B. Impact on Small Entities the States, or on the distribution of Amendment rights of protesters. The Regulatory Flexibility Act of power and responsibilities among the Protesters are asked to call or email the 1980, 5 U.S.C. 601–612, as amended, various levels of government. We have person listed in the FOR FURTHER requires Federal agencies to consider analyzed this rule under that order and INFORMATION CONTACT section to the potential impact of regulations on have determined that it is consistent coordinate protest activities so that your small entities during rulemaking. The with the fundamental federalism message can be received without term ‘‘small entities’’ comprises small principles and preemption requirements jeopardizing the safety or security of businesses, not-for-profit organizations described in Executive Order 13132. people, places or vessels. that are independently owned and Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 operated and are not dominant in their implications under Executive Order fields, and governmental jurisdictions Harbors, Marine safety, Navigation with populations of less than 50,000. 13175, Consultation and Coordination (water), Reporting and recordkeeping The Coast Guard certifies under 5 U.S.C. with Indian Tribal Governments, requirements, Security measures, 605(b) that this rule will not have a because it does not have a substantial Waterways. significant economic impact on a direct effect on one or more Indian For the reasons discussed in the substantial number of small entities. tribes, on the relationship between the preamble, the Coast Guard amends 33 While some owners or operators of Federal Government and Indian tribes, CFR part 165 as follows: vessels intending to transit the or on the distribution of power and PART 165—REGULATED NAVIGATION temporary safety zone may be small responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS entities, for the reasons stated in section Government and Indian tribes. V.A above, this rule will not have a E. Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 significant economic impact on any continues to read as follows: vessel owner or operator. The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Authority: 46 U.S.C. 70034, 70051; 33 CFR Under section 213(a) of the Small 1.05–1, 6.04–1, 6.04–6, and 160.5; Business Regulatory Enforcement Federal agencies to assess the effects of Department of Homeland Security Delegation Fairness Act of 1996 (Pub. L. 104–121), their discretionary regulatory actions. In No. 0170.1. particular, the Act addresses actions we want to assist small entities in ■ 2. Add § 165.T08–0684 to read as that may result in the expenditure by a understanding this rule. If the rule follows: would affect your small business, State, local, or tribal government, in the organization, or governmental aggregate, or by the private sector of § 165.T08–0684 Safety Zone; Breton jurisdiction and you have questions $100,000,000 (adjusted for inflation) or Sound, New Orleans, LA. concerning its provisions or options for more in any one year. Though this rule (a) Location. The following area is a compliance, please call or email the will not result in such an expenditure, safety zone: All navigable waters within person listed in the FOR FURTHER we do discuss the effects of this rule a 100-yard radius of LOBO Durango INFORMATION CONTACT section. elsewhere in this preamble. platform rise structure located at

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position 29 27.000 N, 089 17.682 W in SUPPLEMENTARY INFORMATION: This final and the APO/FPO/DPO Large Flat Rate Breton Sound, Block 49. rule describes new prices and product Box will increase to $20.40. (b) Effective period. This section is features for competitive products, by Commercial Base prices offer lower effective without actual notice from class of mail, established by the prices to customers who use authorized November 23, 2020 until December 4, Governors of the United States Postal postage payment methods. Commercial ® 2020. For the purposes of enforcement, Service . New prices are available Base prices will increase an average of actual notice will be used from under Docket Number CP2021–28 on 3.6 percent. November 10, 2020 until November 23, the Postal Regulatory Commission PRC The Commercial Plus price category 2020. website at http://www.prc.gov, and on offers price incentives to large volume (c) Enforcement period. This section the Postal Explorer® website at http:// will be enforced from November 10, customers who have a customer pe.usps.com. commitment agreement with USPS®. 2020 until December 4, 2020, or until The Postal Service will revise Mailing Commercial Plus prices as a whole will repairs are complete, whichever comes Standards of the United States Postal increase 4.5 percent. first. Service, Domestic Mail Manual (DMM), (d) Regulations. (1) In accordance to reflect changes to prices and mailing First-Class Package Service with the general regulations in § 165.23, standards for the following competitive Prices entry into or remaining within this zone products: is prohibited unless authorized by the • Priority Mail Express®. Overall, First-Class Package Service— ® Captain of the Port Sector New Orleans • Priority Mail . Retail prices will increase 4.8 percent. (COTP) or designated representative. • ® First-Class Package Service . Overall, First-Class Package Service— (2) Vessels requiring entry into this • Parcel Select®. Commercial prices will increase 6.5 safety zone must request permission • USPS Retail Ground®. from the COTP or a designated • Extra Services. percent. representative. They may be contacted • Return Services. Parcel Select on VHF–FM Channel 16 or 67 or by • Mailer Services. telephone at (504) 365–2200. • Recipient Services. Prices • (3) Persons and vessels permitted to Other. The prices for Parcel Select enter this safety zone must transit at Competitive product prices and Destination Entry will increase an their slowest safe speed and comply changes are identified by product as average of 8.9 percent. Parcel Select with all lawful directions issued by follows: Ground prices will increase an average COTP or the designated representative. Priority Mail Express of 1.3 percent. The prices for Parcel (e) Information broadcasts. The COTP Select Lightweight® will increase an or a designated representative will Prices average of 20.0 percent. inform the public of the enforcement Overall, Priority Mail Express prices USPS Retail Ground times and date for this safety zone will increase 1.2 percent. Priority Mail through Broadcast Notices to Mariners Express will continue to offer zoned and Overall, USPS Retail Ground prices (BNMs), Local Notices to Mariners ® Flat Rate Retail, Commercial Base , and will increase an average of 3.0 percent. (LNMs), and/or Marine Safety Commercial Plus® pricing. Information Bulletins (MSIBs) as Retail prices will increase an average Extra Services appropriate. of 1.0 percent. The Flat Rate Envelope Adult Signature Service Dated: November 10, 2020. price will remain at $26.35, the Legal W.E. Watson, Flat Rate Envelope will remain at Adult Signature Required and Adult Captain, U.S. Coast Guard, Captain of the $26.50, and the Padded Flat Rate Signature Restricted Delivery service Port Sector New Orleans. Envelope will remain at $26.95. prices are increasing 3.8 and 3.6 percent [FR Doc. 2020–25293 Filed 11–20–20; 8:45 am] Commercial Plus prices were matched respectively. The price for Adult BILLING CODE 9110–04–P to the Commercial Base prices in the Signature Required will increase to 2016 price change and will continue to $6.90 and Adult Signature Restricted be matched in 2021. Commercial Base Delivery will increase to $7.15. POSTAL SERVICE and Commercial Plus prices will Return Services increase an average of 2.5 percent. 39 CFR Part 111 Parcel Return Service Priority Mail Overall, Parcel Return Service prices Domestic Competitive Products Prices Pricing and Mailing Standards will increase an average of 4.9 percent. Changes Overall, Priority Mail prices will Return Sectional Center Facility increase 3.5 percent. Priority Mail will (RSCF) prices will increase an average AGENCY: Postal ServiceTM. continue to offer zoned and Flat Rate of 4.9 percent and Return Delivery Unit ACTION: Final rule. Retail, Commercial Base, and (RDU) prices will increase an average of Commercial Plus pricing. 4.9 percent. SUMMARY: The Postal Service is Retail prices will increase an average amending Mailing Standards of the of 3.0 percent. The Flat Rate Envelope Mailer Services United States Postal Service, Domestic price will increase to $7.95, the Legal ® Pickup on Demand Service Mail Manual (DMM ), to reflect changes Flat Rate Envelope will increase to to prices and mailing standards for $8.25, and the Padded Flat Rate The Pickup on Demand® service fee competitive products. Envelope will increase to $8.55. The will increase 4.2 percent to $25.00. DATES: Effective January 24, 2021. Small Flat Rate Box price will increase USPS Premium Tracking Service FOR FURTHER INFORMATION CONTACT: Tom to $8.45 and the Medium Flat Rate Foti at (202) 268–2931 or Garry Boxes will increase to $15.50. The Large Overall, USPS Premium Tracking Rodriguez at (202) 268–7281. Flat Rate Box will increase to $21.90 ServiceTM prices will remain the same.

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USPS Premium Tracking Service Name Register Notices, which may be found 600 Basic Standards for All Mailing Change on the Postal Explorer® website at Services The Postal Service is renaming USPS http://pe.usps.com. 601 Mailability Premium TrackingTM service as USPS The Postal Service adopts the * * * * * Tracking PlusTM service. following changes to Mailing Standards of the United States Postal Service, [Revise the heading of 1.2 to read as Recipient Services Domestic Mail Manual (DMM), follows:] Post Office Box Service incorporated by reference in the Code of 1.2 Overweight or Oversize Items TM Federal Regulations. See 39 CFR 111.1. The competitive Post Office Box [Revise the text of 1.2.1 to read as service prices will increase an average List of Subjects in 39 CFR Part 111 follows:] of 23.3 percent within the updated price ranges. Administrative practice and 1.2.1 Description procedure, Postal Service. Premium Forwarding Service The Postal Service maximum Premium Forwarding Service® (PFS®) Accordingly, 39 CFR part 111 is mailpiece weight limit is 70 pounds (see prices will increase between 3.9 and 4.0 amended as follows: 201.7.3) and the maximum dimension is percent depending on the specific price 130 inches (length plus girth). Any item PART 111—[AMENDED] element. The enrollment fee paid at the exceeding the 70-pound weight or 130- retail counter for PFS-Residential will inch dimensional maximum limits are ■ increase to $22.75 and the PFS- 1. The authority citation for 39 CFR nonmailable and if found in the postal Residential, PFS-Commercial, and PFS- part 111 continues to read as follows: network, must be secured for pick-up by the mailer or addressee and assessed a Local enrollment fee paid online will Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– fee as provided under 1.2.3. increase to $20.90 per application. The 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, price of the weekly shipment charge for 401, 403, 404, 414, 416, 3001–3011, 3201– 1.2.2 Products and Services PFS-Residential and per container 3219, 3403–3406, 3621, 3622, 3626, 3632, charge for PFS-Local will increase to 3633, and 5001. [Revise the text of 1.2.2 to read as $22.75. follows:] ■ 2. Revise Mailing Standards of the The standard in 1.2.1 applies to any USPS Package Intercept United States Postal Service, Domestic item that exceeds the 70-pound The USPS Package Intercept® fee will Mail Manual (DMM) as follows: maximum weight limit or 130-inch increase 4.1 percent to $15.25. Mailing Standards of the United States maximum dimensional limit including return services, return to sender, and Other Postal Service, Domestic Mail Manual (DMM) undeliverable as addressed. The Address Enhancement Service standard in 1.2.1 for items exceeding the * * * * * Address Enhancement Service 70-pound weight or 130-inch dimensional maximum limits does not competitive product prices will increase 500 Additional Mailing Services between 3.7 and 100.0 percent. apply to the Competitive P.O. Box Street * * * * * Addressing feature in DMM subsection Small Parcel Forwarding Fee 508.4.5.4. 507 Mailer Services The small parcel forwarding fee, an 1.2.3 Fee optional service first offered in January * * * * * 2019, will increase 4.2 percent to $4.95. [Revise the heading and text of 11.0 [Revise the text of 1.2.3 to read as follows:] Oversize Item Charge to read as follows:] Except for an overweight or oversize As provided in the October 17, 2018, 11.0 USPS Tracking Plus Service item discovered and picked up at the Federal Register final rule (83 FR same facility where it was entered, the 52326–52330) for an overweight item, USPS Tracking Plus service allows customers to request the Postal Service overweight/oversize item fee of $100 the Postal Service is introducing a will be assessed and must be paid before similar charge for an item identified in retain scan data, or scan and signature data for their packages, beyond the release of the item. The $100 the postal network that exceeds the 130- overweight/oversize item fee may be inch length plus girth maximum Postal Service’s standard data retention period, for up to 10 years. USPS paid by any authorized retail payment dimensional limit for Postal Service method or through PostalOne!. products, and is therefore nonmailable. Tracking Plus service is available for Oversize items identified in the postal commercial packages shipped via 1.2.4 Pickup network will be assessed a $100 fee Priority Mail Express, Priority Mail, First-Class Package Service, Parcel [Revise the text of 1.2.4 to read as payable before release of the item, follows:] unless the item is discovered and Select, and commercial packages with Adult Signature Services. For Scan and Unless authorized, an overweight or picked up at the same facility where it oversize item not paid for and picked up was entered. The Postal Service is also Signature Retention on products other than Priority Mail Express, the customer within 14 calendar days will be adding a commercial payment method, considered abandoned and disposed of PostalOne!, for fee payment. must have purchased an underlying signature service, such as Signature at the discretion of the Postal Service. Resources Confirmation service (see Notice 123– * * * * * Price List). Customers can request USPS The Postal Service provides Notice 123 (Price List) additional resources to assist customers Tracking Plus service online at with this price change for competitive usps.com or through a Shipping [Revise competitive prices as products. These tools include price lists, Services File. applicable.] downloadable price files, and Federal * * * * * * * * * *

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We will publish an appropriate recruiting, to certain information of this final rule, DFARS provision amendment to 39 CFR part 111 to reflect pertaining to students enrolled at the 252.209–7003 will be removed from these changes. institution. SAM. The provision advises offerors that, by The DoD Task Force reviewed the Ruth Stevenson, submitting an offer, they represent that requirements of DFARS provision Attorney, Federal Compliance. the institution does not have any 252.209–7003 and DFARS clause [FR Doc. 2020–25833 Filed 11–19–20; 8:45 am] prohibitive policies or practices subject 252.209–7005, and determined that the BILLING CODE 7710–12–P to the statute. The clause requires DFARS coverage would not be contractors, during performance of the necessary, and recommended removal, contract, to not have any policies or contingent upon a similar clause being DEPARTMENT OF DEFENSE practices subject to the prohibition at 10 implemented in the FAR that is U.S.C. 983, and identifies the actions available for use by all Federal agencies, Defense Acquisition Regulations available to the Government as a result when applicable. System of a contractor’s misrepresentation or II. Applicability to Contracts at or noncompliance with the clause. 48 CFR Parts 204, 209, and 252 10 U.S.C. 983(d)(1) states that the Below the Simplified Acquisition Threshold and for Commercial Items, [Docket DARS–2020–0030] prohibition applies to any funds made available for: DoD; the Department of Including Commercially Available Off- RIN 0750–AK89 Homeland Security; the National the-Shelf Items Nuclear Security Administration of the This rule only removes obsolete Defense Federal Acquisition Department of Energy; the Department DFARS provision 252.209–7003, Regulation Supplement: Repeal of of Transportation; the Central Reserve Officer Training Corps and DFARS Provision and Clause on Intelligence Agency; and any Military Recruiting on Campus- Reserve Officer Training Corps and department or agency for which regular Representation, and DFARS clause Military Recruiting on Campus (DFARS appropriations are made in a 252.209–7005, Reserve Officer Training Case 2020–D002) Departments of Labor, Health and Corps and Military Recruiting on AGENCY: Defense Acquisition Human Services, and Education, and Campus. The rule does not impose any Regulations System, Department of Related Agencies Appropriations Act. new requirements on contracts at or Defense (DoD). As the legislation applies to several below the simplified acquisition Federal agencies, a FAR clause has been threshold and for commercial items, ACTION: Final rule. implemented to create a single standard including commercially available off- SUMMARY: DoD is issuing a final rule for all agencies that are subject to the the-shelf items. statute. A final rule (85 FR 67619) amending the Defense Federal III. Publication of This Final Rule for Acquisition Regulation Supplement issued under FAR case 2018–021 amended the FAR to implement the Public Comment Is Not Required by (DFARS) to remove a provision and a Statute clause that are no longer necessary. requirements of 10 U.S.C. 983 for all affected Federal agencies. As such, The statute that applies to the DATES: Effective November 23, 2020. DFARS provision 252.209–7003 and publication of the FAR is the Office of FOR FURTHER INFORMATION CONTACT: Ms. clause 252.209–7005 are duplicative Federal Procurement Policy statute Carrie Moore, telephone 571–372–6093. and no longer necessary, and can be (codified at title 41 of the United States SUPPLEMENTARY INFORMATION: removed from the DFARS. Code). Specifically, 41 U.S.C. 1707(a)(1) I. Background The removal of this DFARS text requires that a procurement policy, supports a recommendation from the regulation, procedure or form (including DFARS provision 252.209–7003, DoD Regulatory Reform Task Force. On an amendment or modification thereof) Reserve Officer Training Corps and February 24, 2017, the President signed must be published for public comment Military Recruiting on Campus- Executive Order (E.O.) 13777, if it relates to the expenditure of Representation, and DFARS clause ‘‘Enforcing the Regulatory Reform appropriated funds, and has either a 252.209–7005, Reserve Officer Training Agenda,’’ which established a Federal significant effect beyond the internal Corps and Military Recruiting on policy ‘‘to alleviate unnecessary operating procedures of the agency Campus, are included in all solicitations regulatory burdens’’ on the American issuing the policy, regulation, and contracts with institutions of higher people. In accordance with E.O. 13777, procedure, or form, or has a significant education. The provision and clause DoD established a Regulatory Reform cost or administrative impact on implement 10 U.S.C. 983, which Task Force to review and validate DoD contractors or offerors. This final rule is prohibits funds from being provided via regulations, including the DFARS. A not required to be published for public a contract to institutions of higher public notice of the establishment of the comment, because DoD is not issuing a education that prohibit or prevent: (1) DFARS Subgroup to the DoD Regulatory new regulation; rather, this rule is The maintenance, establishment, or Reform Task Force, for the purpose of merely removing an obsolete provision operation of a Senior Reserve Officer reviewing DFARS provisions and and clause from the DFARS. Training Corps (ROTC) unit at the clauses, was published in the Federal institution, or (2) a student at that Register at 82 FR 35741 on August 1, IV. Executive Orders 12866 and 13563 institution from enrolling in a unit of 2017, and requested public input. Executive Orders (E.O.s) 12866 and the Senior ROTC at another institution Public comment was received on the 13563 direct agencies to assess all costs of higher education; and/or (3) the provision. The respondents advised that and benefits of available regulatory Secretary of a military department or the provision only applies to alternatives and, if regulation is Secretary of Homeland Security from institutions of higher education, yet it necessary, to select regulatory gaining access to campuses, or students appears in the System for Award approaches that maximize net benefits on campuses, for military recruiting Management (SAM) as a provision all (including potential economic, purposes, or (4) access by military contractors must complete in order to environmental, public health and safety recruiters, for the purposes of military register as a vendor in SAM. As a result effects, distributive impacts, and

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equity). E.O. 13563 emphasizes the 209.470–1 through 209.470–4 [Removed] applies. DFARS clause 252.229–7015, importance of quantifying both costs ■ 4. Remove sections 209.470–1 through Taxes–Foreign Contracts in Afghanistan and benefits, of reducing costs, of 209.470–4. (North Atlantic Treaty Organization harmonizing rules, and of promoting Status of Forces Agreement), is included flexibility. This is not a significant PART 252—SOLICITATION in solicitations and contracts that are regulatory action and, therefore, was not PROVISIONS AND CONTRACT performed in Afghanistan and awarded subject to review under section 6(b) of CLAUSES on behalf of the North Atlantic Treaty E.O. 12866, Regulatory Planning and Organization (NATO). Review, dated September 30, 1993. This 252.204–7007 [Amended] DFARS clause 252.229–7014 rule is not a major rule under 5 U.S.C. ■ 5. Amend section 252.204–7007 by— implements terms of the Security and 804. ■ a. Removing the clause date of ‘‘(DEC Defense Cooperation Agreement between the United States and the V. Executive Order 13771 2019)’’ and adding ‘‘(NOV 2020)’’ in its place; Islamic Republic of Afghanistan This rule is not subject to E.O. 13771, ■ b. Removing paragraph (d)(1)(ii); and (September 2014). The Agreement because this rule is not a significant ■ c. Redesignating paragraphs (d)(1)(iii) applies to all persons or legal entities regulatory action under E.O. 12866. through (ix) as paragraphs (d)(1)(ii) supplying goods and services in through (viii). Afghanistan to or on behalf of U.S. VI. Regulatory Flexibility Act Forces under a contract with or in Because a notice of proposed 252.209–7003 [Removed and Reserved] support of U.S. Forces. The clause rulemaking and an opportunity for ■ 6. Remove and reserve section advises contractors that the contract is public comment are not required to be 252.209–7003. subject to the Agreement and exempt given for this rule under 41 U.S.C. from taxes or similar charges assessed in 1707(a)(1) (see section III. of this 252.209–7005 [Removed and Reserved] Afghanistan; requires contractors to preamble), the analytical requirements ■ 7. Remove and reserve section exclude any Afghan taxes, customs, of the Regulatory Flexibility Act (5 252.209–7005. duties, fees, or similar charges from the U.S.C. 601 et seq.) are not applicable. contract price; and explains the Accordingly, no regulatory flexibility [FR Doc. 2020–25428 Filed 11–20–20; 8:45 am] applicability of taxes to Afghan citizens analysis is required, and none has been BILLING CODE 5001–06–P employed by DoD or DoD contractors prepared. performing under the contract. DFARS clause 252.229–7015 VII. Paperwork Reduction Act DEPARTMENT OF DEFENSE implements terms of the Status of The rule does not contain any Defense Acquisition Regulations Forces Agreement (SOFA) between information collection requirements that System NATO and the Islamic Republic of require the approval of the Office of Afghanistan (September 2014). The SOFA applies to all persons or legal Management and Budget under the 48 CFR Parts 212, 229, and 252 Paperwork Reduction Act (44 U.S.C. entities supplying goods and services in chapter 35). [Docket DARS–2020–0018] Afghanistan to or on behalf of NATO forces under a contract with or in List of Subjects in 48 CFR Parts 204, RIN 0750–AL11 support of NATO, NATO member states, 209, and 252 or operational partners. The clause Defense Federal Acquisition Government procurement. advises contractors that the contract is Regulation Supplement: Repeal of subject to the SOFA and exempt from DFARS Clauses Related to Taxes Jennifer D. Johnson, taxes or similar charges assessed in Applied to Foreign Contracts in Regulatory Control Officer, Defense Afghanistan; requires contractors to Afghanistan (DFARS Case 2020–D025) Acquisition Regulations System. exclude any Afghan taxes, customs, Therefore, 48 CFR parts 204, 209, and AGENCY: Defense Acquisition duties, fees, or similar charges from the 252 are amended as follows: Regulations System, Department of contract price; and explains the ■ 1. The authority citation for 48 CFR Defense (DoD). applicability of taxes to Afghan citizens parts 204, 209, and 252 continues to ACTION: Final rule. employed by NATO performing under read as follows: the contract. SUMMARY: DoD is issuing a final rule Since several Federal agencies award Authority: 41 U.S.C. 1303 and 48 CFR contracts that are subject to the terms of chapter 1. amending the Defense Federal Acquisition Regulation Supplement the Agreement or SOFA, a final rule PART 204—ADMINISTRATIVE AND (DFARS) to remove clauses related to issued under FAR case 2018–023 (85 FR INFORMATION MATTERS taxes applied to foreign contracts in 67623) implemented two new clauses in Afghanistan that are no longer the FAR that notify applicable 204.1202 [Amended] necessary. contractors of the same information ■ 2. Amend section 204.1202 by— included in DFARS clauses 252.229– DATES: Effective November 23, 2020. ■ a. Removing paragraph (2)(iii); and 7014 and 252.229–7015. As the text of ■ b. Redesignating paragraphs (2)(iv) FOR FURTHER INFORMATION CONTACT: Ms. the DFARS clauses have been through (xvi) as paragraphs (2)(iii) Carrie Moore, telephone 571–372–6093. implemented in the FAR, the DFARS through (xv). SUPPLEMENTARY INFORMATION: clauses are no longer necessary and can be removed from the DFARS. PART 209—CONTRACTOR I. Background The removal of the DFARS clauses QUALIFICATIONS DFARS clause 252.229–7014, Taxes– supports a recommendation from the Foreign Contracts in Afghanistan, is DoD Regulatory Reform Task Force. On 209.470 [Removed and Reserved] included in solicitations and contracts February 24, 2017, the President signed ■ 3. Remove and reserve section with performance in Afghanistan, Executive Order (E.O.) 13777, 209.470. unless DFARS clause 252.229–7015 ‘‘Enforcing the Regulatory Reform

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Agenda,’’ which established a Federal regulation is necessary, to select PART 229—TAXES policy ‘‘to alleviate unnecessary regulatory approaches that maximize regulatory burdens’’ on the American net benefits (including potential 229.402–70 [Amended] people. In accordance with E.O. 13777, economic, environmental, public health ■ 3. Amend section 229.402–70 by DoD established a Regulatory Reform and safety effects, distributive impacts, removing paragraphs (k) and (l). Task Force to review and validate DoD and equity). E.O. 13563 emphasizes the regulations, including the DFARS. A importance of quantifying both costs PART 252—SOLICITATION public notice of the establishment of the and benefits, of reducing costs, of PROVISIONS AND CONTRACT DFARS Subgroup to the DoD Regulatory harmonizing rules, and of promoting CLAUSES Reform Task Force, for the purpose of flexibility. This is not a significant 252.229–7014 [Removed] reviewing DFARS provisions and regulatory action and, therefore, was not clauses, was published in the Federal subject to review under section 6(b) of ■ 4. Remove section 252.229–7014. Register at 82 FR 35741 on August 1, E.O. 12866, Regulatory Planning and 252.229–7015 [Removed] 2017, and requested public input. No Review, dated September 30, 1993. This public comments were received on rule is not a major rule under 5 U.S.C. ■ 5. Remove section 252.229–7015. these clauses. The DoD Task Force 804. [FR Doc. 2020–25429 Filed 11–20–20; 8:45 am] reviewed the requirements of DFARS BILLING CODE 5001–06–P clauses 252.229–7014 and 252.229– V. Executive Order 13771 7015, and recommended removal, This rule is not subject to E.O. 13771, contingent upon similar clauses being because this rule is not a significant DEPARTMENT OF COMMERCE implemented in the FAR that are regulatory action under E.O. 12866. available for use by all Federal agencies, National Oceanic and Atmospheric when applicable. VI. Regulatory Flexibility Act Administration II. Applicability to Contracts at or Because a notice of proposed Below the Simplified Acquisition rulemaking and an opportunity for 50 CFR Part 648 Threshold and for Commercial Items, public comment are not required to be Including Commercially Available Off- given for this rule under 41 U.S.C. [RTID 0648–XA648] the-Shelf Items 1707(a)(1) (see section III. of this Fisheries of the Northeastern United This rule only removes obsolete preamble), the analytical requirements of the Regulatory Flexibility Act (5 States; Summer Flounder Fishery; DFARS clauses 252.229–7014 and Quota Transfer from NC to CT 252.229–7015. The rule does not impose U.S.C. 601 et seq.) are not applicable. any new requirements on contracts at or Accordingly, no regulatory flexibility AGENCY: National Marine Fisheries below the simplified acquisition analysis is required, and none has been Service (NMFS), National Oceanic and threshold and for commercial items, prepared. Atmospheric Administration (NOAA), including commercially available off- VII. Paperwork Reduction Act Commerce. the-shelf items. ACTION: Notification; quota transfer. The rule does not contain any III. Publication of This Final Rule for information collection requirements that SUMMARY: NMFS announces that the Public Comment Is Not Required by require the approval of the Office of State of North Carolina is transferring a Statute Management and Budget under the portion of its 2020 commercial summer The statute that applies to the Paperwork Reduction Act (44 U.S.C. flounder quota to the State of publication of the Federal Acquisition chapter 35). Connecticut. This quota adjustment is Regulation (FAR) is Office of Federal necessary to comply with the Summer List of Subjects in 48 CFR Parts 212, Procurement Policy statute (codified at Flounder, Scup, and Black Sea Bass 229, and 252 title 41 of the United States Code). Fishery Management Plan quota transfer Specifically, 41 U.S.C. 1707(a)(1) Government procurement. provisions. This announcement informs requires that a procurement policy, the public of the revised commercial regulation, procedure or form (including Jennifer D. Johnson, quotas for North Carolina and an amendment or modification thereof) Regulatory Control Officer, Defense Connecticut. Acquisition Regulations System. must be published for public comment DATES: Effective November 20, 2020, if it relates to the expenditure of Therefore, 48 CFR parts 212, 229, and through December 31, 2020. appropriated funds, and has either a 252 are amended as follows: significant effect beyond the internal FOR FURTHER INFORMATION CONTACT: ■ operating procedures of the agency 1. The authority citation for 48 CFR Laura Hansen, Fishery Management issuing the policy, regulation, parts 212, 229, and 252 continues to Specialist, (978) 281–9225. procedure, or form, or has a significant read as follows: SUPPLEMENTARY INFORMATION: cost or administrative impact on Authority: 41 U.S.C. 1303 and 48 CFR Regulations governing the summer contractors or offerors. This final rule is chapter 1. flounder fishery are found in 50 CFR not required to be published for public 648.100 through 648.110. These comment, because DoD is not issuing a PART 212—ACQUISITION OF regulations require annual specification new regulation; rather, this rule is COMMERCIAL ITEMS of a commercial quota that is merely removing obsolete clauses from 212.301 [Amended] apportioned among the coastal states the DFARS. from Maine through North Carolina. The ■ 2. Amend section 212.301 by process to set the annual commercial IV. Executive Orders 12866 and 13563 removing paragraph (f)(xii) and quota and the percent allocated to each E.O.s 12866 and 13563 direct agencies redesignating paragraphs (f)(xiii) state is described in § 648.102 and final to assess all costs and benefits of through (xix) as paragraphs (f)(xii) 2020 allocations were published on available regulatory alternatives and, if through (xviii). October 9, 2019 (84 FR 54041).

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The final rule implementing DEPARTMENT OF COMMERCE Program was set to begin January 1, Amendment 5 to the Summer Flounder 2021. The Council initiated a regulatory Fishery Management Plan, as published National Oceanic and Atmospheric amendment at its April 2020 meeting to in the Federal Register on December 17, Administration make several administrative changes to 1993 (58 FR 65936), provided a the EM Program requirements and to mechanism for transferring summer 50 CFR Part 660 delay implementation of the EM flounder commercial quota from one [Docket No. 201110–0301] Program to January 1, 2022. The Council state to another. Two or more states, took final action on EM regulatory RIN 0648–BJ63 under mutual agreement and with the changes at its June 2020 meeting and requested that NMFS delay concurrence of the NMFS Greater Fisheries Off West Coast States; Delay implementation of the program to 2022. Atlantic Regional Administrator, can Implementation of West Coast NMFS published a proposed rule transfer or combine summer flounder Groundfish Electronic Monitoring August 28, 2020 (85 FR 53313) commercial quota under § 648.102(c)(2). Program proposing to delay the EM Program, but The Regional Administrator must AGENCY: National Marine Fisheries postponed consideration of the other approve any such transfer based on the Service (NMFS), National Oceanic and regulatory changes to a separate criteria in § 648.102(c)(2)(i). In Atmospheric Administration (NOAA), rulemaking to be completed at a later evaluating requests to transfer a quota or Commerce. date. A more extensive discussion of the combine quotas, the Regional ACTION: Final rule. development of this regulatory Administrator shall consider whether: amendment and the EM measures is The transfer or combinations would SUMMARY: This final rule delays available in the proposed rule and is not preclude the overall annual quota from implementation of the Electronic repeated here. Public comments were being fully harvested; the transfer Monitoring (EM) Program for the West accepted on the proposed rule from addresses an unforeseen variation or Coast Groundfish Trawl Rationalization August 28, 2020, through September 28, contingency in the fishery; and the Program to January 1, 2022. NMFS is 2020. No public comments were transfer is consistent with the objectives making this change to provide received. of the FMP and the Magnuson-Stevens additional time for industry and Final Measures Act. prospective service providers to prepare for implementation, to strengthen Through this final rule, NMFS is North Carolina is transferring 40,000 Pacific Fishery Management Council delaying implementation of the EM lb (18,144 kg) to Connecticut. This (Council) and industry support for the Program for the Trawl Rationalization transfer is occurring through mutual EM program, and to increase Program to January 1, 2022. To agreement of the states. This transfer participation when it is implemented in implement this change, NMFS is was requested to ensure Connecticut 2022. revising the trawl fishery regulations at would not exceed its 2020 quota. The 50 CFR 660.603, which describes EM DATES: Effective December 23, 2020. revised summer flounder quotas for provider permits and responsibilities, ADDRESSES: The proposed rule and this fishing year 2020 are now: North and 50 CFR 660.604, which describes final rule are accessible via the internet Carolina, 3,085,501 lb (1,399,560 kg); vessel and first receiver responsibilities, at the Office of the Federal Register to delay the acceptance of EM service and Connecticut, 300,241 lb (136,187 website at https:// kg). provider and EM vessel owner www.federalregister.gov. Background applications to 2021, thereby delaying Classification information and documents are implementation of the EM program to available at the NMFS West Coast January 1, 2022. NMFS issues this action pursuant to Region website at: http:// In this rule, NMFS is implementing section 305(d) of the Magnuson-Stevens www.westcoast.fisheries.noaa.gov/ the Council’s request to delay Act. This action is required by 50 CFR fisheries/groundfish/index.html and at implementation of the EM program to 648.102(c)(2)(i)(A) through (C), which the Pacific Fishery Management 2022, as it would strengthen industry was issued pursuant to section 304(b), Council’s website at http:// support for the EM program and may and is exempted from review under www.pcouncil.org/groundfish/fishery- increase participation when it is Executive Order 12866. management-plan/groundfish- implemented in 2022. At its April and amendments-in-development/. Authority: 16 U.S.C. 1801 et seq. June 2020 meetings, the Council FOR FURTHER INFORMATION CONTACT: recommended NMFS delay Dated: November 17, 2020. Melissa Hooper, Permits and Monitoring implementation of the EM program to Jennifer M. Wallace, Branch Chief, phone: 206–526–4357, or January 2022 to provide additional time Acting Director, Office of Sustainable email: [email protected]. for the industry and EM service Fisheries, National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: providers to prepare for implementation [FR Doc. 2020–25717 Filed 11–20–20; 8:45 am] of the EM program. Specifically, the Background Council wanted to provide more time BILLING CODE 3510–22–P At the recommendation of the for industry and the Pacific States Council, on June 28, 2019, NMFS Marine Fisheries Commission (PSMFC), published a final rule to implement an a potential service provider, to develop EM program for the West Coast a model for industry to fund PSMFC for Groundfish Trawl Rationalization review of video from their fishing trips. Program (84 FR 31146). The EM The Council believes that this delay is Program allows vessels to use EM necessary to increase industry buy-in systems (video cameras and associated and for success of the EM program at sensors) to meet the 100-percent at-sea reducing monitoring costs for the observer coverage requirements of the fishery. Increased support for and Trawl Rationalization Program. The EM participation in the EM Program would

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further ensure the success of the EM This final rule contains no following calendar year. Applications Program at meeting its goals and the information collection requirements submitted after June 1 will be processed goals of the Pacific Coast Groundfish under the Paperwork Reduction Act of as soon as practicable. NMFS will only Fishery Management Plan, and would 1995. process complete applications. provide operational flexibility and The Chief Counsel for Regulation of Additional endorsements to provide reduce costs for vessel owners, while the Department of Commerce certified observer or catch monitor services may maintaining the best scientific to the Chief Counsel for Advocacy of the be obtained under § 660.18. information available for management. Small Business Administration during * * * * * As discussed in the proposed rule, the proposed rule stage that this action ■ 3. In § 660.604, revise paragraph (e) delaying implementation of the EM would not have a significant economic introductory text to read as follows: program postpones the benefits that the impact on a substantial number of small EM program is expected to provide to entities. The factual basis for the § 660.604 Vessel and first receiver vessel owners for an additional year. certification was published in the responsibilities. However, NMFS intends to maintain the proposed rule and is not repeated here. * * * * * current EM Exempted Fishing Permit No comments were received regarding (e) Electronic Monitoring (EFP) program through 2021 and to this certification. As a result, a Authorization. To obtain an EM allow additional vessels to join. Vessels regulatory flexibility analysis was not Authorization, a vessel owner must in the EFP program are able to use EM required and none was prepared. submit an initial application to the NMFS West Coast Region Fisheries in place of human observers and benefit List of Subjects in 50 CFR Part 660 from its cost savings while NMFS Permit Office, then a final application collects information to use in Fisheries, Fishing, and Indian that includes an EM system certification developing the regulations for and fisheries. and a vessel monitoring plan (VMP). implementing the EM program. Dated: November 13, 2020. NMFS will only review complete Maintaining the EFP in 2021 would Samuel D. Rauch III, applications. NMFS has already allow vessels to continue to use EM in Deputy Assistant Administrator for accepted any EM Authorization place of observers and mitigate potential Regulatory Programs, National Marine application submitted as of the negative economic effects of delaying Fisheries Service. November 23, 2020. NMFS will begin accepting applications for EM the regulations. In the proposed rule, For the reasons set out in the Authorizations September 1, 2021. A NMFS noted that it had not yet preamble, 50 CFR part 660 is amended vessel owner may submit an application identified Federal funds to pay PSMFC as follows: to review, store, and report data from at any time. Vessel owners that want to the EM EFP for 2021 and that, if NMFS PART 660—FISHERIES OFF WEST have their EM Authorizations effective did not receive Federal funds to pay COAST STATES for January 1 of the following calendar PSMFC, vessel owners would be year must submit their complete responsible for paying PSMFC or a ■ 1. The authority citation for part 660 application to NMFS by October 1. private, third party EM service provider continues to read as follows: Vessel owners that want to have their directly for the video review, storage, Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. EM Authorizations effective for May 15 and reporting for the EM EFP. However, 773 et seq., and 16 U.S.C 7001 et seq. must submit their complete application NMFS has since identified funding to to NMFS by February 15 of the same ■ 2. In § 660.603, revise paragraph (b) pay PSMFC for the EM EFP in 2021. year. introductory text to read as follows: Therefore, NMFS expects the EFP * * * * * program to continue through 2021 and § 660.603 Electronic monitoring provider [FR Doc. 2020–25432 Filed 11–20–20; 8:45 am] to mitigate any negative economic permits and responsibilities. BILLING CODE 3510–22–P effects of this rule. * * * * * Comments and Responses (b) Provider permits. To be an EM service provider, a person must obtain DEPARTMENT OF COMMERCE No comments were received on the an EM service provider permit and National Oceanic and Atmospheric proposed rule. endorsement by submitting an Administration Changes From the Proposed Rule application to the NMFS West Coast Region Fisheries Permit Office. NMFS 50 CFR Part 665 NMFS has made no changes from the has already accepted any EM service proposed rule. provider application submitted as of [RTID 0648–XA646] Classification November 23, 2020. NMFS will begin accepting additional applications for Pacific Island Fisheries; 2020 U.S. Pursuant to section 304(b)(3) of the EM service providers permits May 1, Territorial Longline Bigeye Tuna Catch Magnuson-Stevens Act, the NMFS 2021. A person may meet some Limits for the Commonwealth of the Assistant Administrator has determined requirements of this section through a Northern Mariana Islands that this final rule is consistent with the partnership or subcontract with another AGENCY: National Marine Fisheries Pacific Coast Groundfish Fishery entity, in which case the application for Service (NMFS), National Oceanic and Management Plan, other provisions of an EM service provider permit must Atmospheric Administration (NOAA), the Magnuson-Stevens Act, and other include information about the Commerce. applicable law. partnership. An applicant may submit ACTION: Announcement of a valid This final rule has been determined to an application at any time. If a new EM specified fishing agreement. be not significant for purposes of service provider, or an existing EM Executive Order 12866. service provider seeking to deploy a SUMMARY: NMFS announces a valid This final rule is considered an new EMS or software version, submits specified fishing agreement that Executive Order 13771 deregulatory an application by June 1, NMFS will allocates up to 1,000 metric tons (t) of action. issue a new permit by January 1 of the the 2020 bigeye tuna limit for the

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Commonwealth of the Northern Mariana attributing bigeye tuna caught by vessels Magnuson-Stevens Fishery Islands (CNMI) to U.S. longline fishing in the agreement to the CNMI, seven Conservation and Management Act. vessels. The agreement supports the days before November 22, 2020, the date Regulations governing fishing by U.S. long-term sustainability of fishery that NMFS forecasted that the fishery vessels in accordance with the FMP resources of the U.S. Pacific Islands, and would reach the American Samoa appear at subpart H of 50 CFR part 600 fisheries development in the CNMI. bigeye tuna allocation limit of 1,000 t and 50 CFR part 679. DATES: The specified fishing agreement (85 FR 63216, October 7, 2020). The non-CDQ allocation of the 2020 If NMFS determines that the fishery was valid as of November 12, 2020. The Pacific cod TAC in the Bering Sea will reach the 1,000 t allocation start date for attributing 2020 bigeye subarea of the BSAI is 126,627 metric tuna catch to American Samoa was specified in the CNMI agreement, we will restrict the retention of bigeye tuna tons (mt) as established by the final November 15, 2020. 2020 and 2021 harvest specifications for ADDRESSES: The Fishery Ecosystem Plan caught by vessels in the agreement, unless the vessels are included in a groundfish in the BSAI (85 FR 13553, for Pelagic Fisheries of the Western March 9, 2020). In accordance with Pacific (FEP) describes specified fishing subsequent specified fishing agreement with another U.S. territory. § 679.20(d)(1)(i), the Administrator, agreements and is available from the Alaska Region, NMFS, has determined Western Pacific Fishery Management Authority: 16 U.S.C. 1801 et seq. that the non-CDQ allocation of the 2020 Council (Council), 1164 Bishop St., Dated: November 17, 2020. Pacific cod TAC in the Bering Sea Suite 1400, Honolulu, HI 96813, tel Jennifer M. Wallace, subarea of the BSAI will soon be 808–522–8220, fax 808–522–8226, or Acting Director, Office of Sustainable reached. Therefore, the Regional http://www.wpcouncil.org. Fisheries, National Marine Fisheries Service. Administrator is establishing a directed NMFS prepared environmental [FR Doc. 2020–25806 Filed 11–20–20; 8:45 am] fishing allowance of 126,077 mt, and is analyses that describe the potential BILLING CODE 3510–22–P setting aside the remaining 550 mt as impacts on the human environment that incidental catch in directed fishing for would result from the action. The other species. In accordance with analyses, identified by NOAA–NMFS– DEPARTMENT OF COMMERCE § 679.20(d)(1)(iii), the Regional 2020–0120, are available from https:// www.regulations.gov/docket?D=NOAA- Administrator finds that this directed National Oceanic and Atmospheric fishing allowance has been reached. NMFS-2020-0153, or from Michael D. Administration Tosatto, Regional Administrator, NMFS Consequently, NMFS is prohibiting directed fishing for Pacific cod in the Pacific Islands Region (PIR), 1845 Wasp 50 CFR Part 679 Blvd., Bldg. 176, Honolulu, HI 96818. Bering Sea subarea of the BSAI. [Docket No. 200227–0066; RTID 0648– After the effective date of this closure FOR FURTHER INFORMATION CONTACT: XA586] Lynn Rassel, NMFS PIRO Sustainable the maximum retainable amounts at Fisheries, 808–725–5184. Fisheries of the Exclusive Economic § 679.20(e) and (f) apply at any time SUPPLEMENTARY INFORMATION: In a final Zone Off Alaska; Pacific Cod in the during a trip. rule published on August 19, 2020, Bering Sea Subarea of the Bering Sea Classification NMFS specified a 2020 limit of 2,000 t and Aleutian Islands Management Area of longline-caught bigeye tuna for each NMFS issues this action pursuant to AGENCY: National Marine Fisheries of the U.S. Pacific Island territories of section 305(d) of the Magnuson-Stevens Service (NMFS), National Oceanic and American Samoa, Guam, and the CNMI Act. This action is required by 50 CFR Atmospheric Administration (NOAA), (85 FR 50961). NMFS allows each part 679, which was issued pursuant to Commerce. territory to allocate up to 1,500 t of the section 304(b), and is exempt from 2,000 t limit to U.S. longline fishing ACTION: Temporary rule; closure. review under Executive Order 12866. vessels identified in a valid specified SUMMARY: NMFS is prohibiting directed Pursuant to 5 U.S.C. 553(b)(B), there fishing agreement, but the overall fishing for Pacific cod, except for the is good cause to waive prior notice and allocation limit among all territories Community Development Quota an opportunity for public comment on may not exceed 3,000 t. program (CDQ), in the Bering Sea this action, as notice and comment On November 9, 2020, NMFS received subarea of the Bering Sea and Aleutian would be impracticable and contrary to from the Council a specified fishing Islands management area (BSAI). This the public interest, as it would prevent agreement between the CNMI and the action is necessary to prevent exceeding NMFS from responding to the most Hawaii Longline Association. The the non-CDQ allocation of the 2020 recent fisheries data in a timely fashion Council’s Executive Director advised Pacific cod total allowable catch (TAC) and would delay the directed fishing that the specified fishing agreement was in the Bering Sea subarea of the BSAI. closure of non-CDQ Pacific cod in the consistent with the criteria set forth in DATES: Effective 1200 hrs, Alaska local 50 CFR 665.819(c)(1). On November 12, Bering Sea subarea of the BSAI. NMFS time (A.l.t.), November 18, 2020, 2020, NMFS reviewed the agreement was unable to publish a notice through 2400 hrs, A.l.t., December 31, and determined that it is consistent with providing time for public comment 2020. the Pelagic FEP, implementing because the most recent, relevant data regulations, the Magnuson-Stevens FOR FURTHER INFORMATION CONTACT: only became available as of November Fishery Conservation and Management Krista Milani, 907–581–2062. 17, 2020. Act, and other applicable laws. SUPPLEMENTARY INFORMATION: NMFS Authority: 16 U.S.C. 1801 et seq. In accordance with 50 CFR 300.224(d) manages the groundfish fishery in the Dated: November 18, 2020. and 50 CFR 665.819(c)(9), vessels in the BSAI according to the Fishery agreement may retain and land bigeye Management Plan for Groundfish of the Jennifer M. Wallace, tuna in the western and central Pacific Bering Sea and Aleutian Islands Acting Director, Office of Sustainable Ocean under the CNMI attribution Management Area (FMP) prepared by Fisheries, National Marine Fisheries Service. specified in the fishing agreement. On the North Pacific Fishery Management [FR Doc. 2020–25834 Filed 11–18–20; 4:15 pm] November 15, 2020, NMFS began Council under authority of the BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 85, No. 226

Monday, November 23, 2020

This section of the FEDERAL REGISTER www.regulations.gov, including any to effectively conduct the contains notices to the public of the proposed personal information provided. responsibilities associated with these issuance of rules and regulations. The Docket: For access to the docket to mission areas and promote Maritime purpose of these notices is to give interested read background documents or Domain Awareness (MDA). persons an opportunity to participate in the comments received, go to http:// MASS collects information from rule making prior to the adoption of the final www.regulations.gov. numerous data sources in order for the rules. FOR FURTHER INFORMATION CONTACT: For Coast Guard to successfully execute its general questions, please contact: eleven statutory missions. MASS DEPARTMENT OF HOMELAND Kathleen Claffie, (202) 475–3515, Chief, provides storage and access to maritime SECURITY Office of Privacy Management (CG–6P), information and provides basic search United States Coast Guard, 2703 Martin capabilities either by a person or by Office of the Secretary Luther King, Jr. Ave. SE, Stop 7710, vessel. Person searches may be retrieved Washington, DC 20593–7710. For by passport or merchant mariner license 6 CFR Part 5 privacy issues, please contact: number. Vessel searches may be retrieved by vessel name, hull Constantina Kozanas, (202) 343–1717, identification, or registration number. [Docket No. DHS–2020–0232] Chief Privacy Officer, Privacy Office, MASS enhances current capabilities by Department of Homeland Security, adding data sources, media storage, Privacy Act of 1974: Implementation of Washington, DC 20528. Exemptions; Department of Homeland access capabilities, and infrastructure to SUPPLEMENTARY INFORMATION: Security United States Coast Guard– provide rapid, near real-time data to the 061 Maritime Analytic Support System I. Background USCG and other authorized (MASS) System of Records In accordance with the Privacy Act of organizations. MASS users leverage the ability to share, correlate, and provide 1974, 5 U.S.C. 552a, the Department of AGENCY: Department of Homeland classified and unclassified data across Homeland Security (DHS) U.S. Coast Security, United States Coast Guard. agency lines to provide MDA critical to Guard (USCG) proposes to modify and ACTION: Notice of proposed rulemaking. homeland and national security and reissue a current DHS system of records safety. SUMMARY: The Department of Homeland titled, ‘‘DHS/USCG–061 Maritime MASS receives data from several Security is giving concurrent notice of a Awareness Global Network (MAGNet) systems both within and outside of DHS modified and reissued system of records System of Records.’’ The modified through electronic transfers of pursuant to the Privacy Act of 1974 for system of records is to be reissued and information. These electronic transfers the ‘‘Department of Homeland Security/ renamed as ‘‘DHS/USCG Maritime include the use of Secure File Transfer United States Coast Guard–061 Analytic Support System (MASS) Protocol (SFTP), system-to-system Maritime Analytic Support System System of Records.’’ communications via specially written (MASS) System of Records’’ and this The Coast Guard’s enterprise internet Protocol socket-based data proposed rulemaking. In this proposed modernization to the MAGNet streaming, database-to-database rulemaking, the Department and the framework prompted the need to modify replication of data, electronic transfer of United States Coast Guard propose to and reissue the SORN. The updated database transactional backup files, and exempt portions of the system of records framework enables the U.S. Coast Guard delivery of formatted data via electronic from one or more provisions of the to: (1) Improve the system’s security mail. Privacy Act because of criminal, civil, protocols by enhancing system access Consistent with DHS’s information and administrative enforcement authentication processes; (2) Enhance sharing mission, information stored in requirements. data management services by hosting MASS may be shared with other DHS MASS in a cloud environment, allowing Components that have a need to know DATES: Comments must be received on USCG to apply new technologies to the information to carry out their or before December 23, 2020. better tag data for retention, access, and national security, law enforcement, ADDRESSES: You may submit comments, use purposes; (3) Refresh user interfaces immigration, intelligence, or other identified by docket number DHS– making MASS more user friendly and homeland security functions. In 2020–0232, by one of the following intuitive to access and use; (4) Ingest addition, DHS/USCG may share methods: new data sources on an as-needed basis information with appropriate federal, • Federal e-Rulemaking Portal: http:// in the future more easily; (5) Update state, local, tribal, territorial, foreign, or www.regulations.gov. Follow the routine uses for MASS by either adding international government agencies instructions for submitting comments. or removing previous routine uses, as consistent with the routine uses set • Fax: 202–343–4010. explained in the revised system of forth in this system of records notice. • Mail: Constantina Kozanas, Chief records notice reissued concurrently DHS is issuing this Notice of Privacy Officer, Privacy Office, with this proposed rule. Proposed Rulemaking to exempt this Department of Homeland Security, These updates better accommodate system of records from certain Washington, DC 20528. the accomplishment of the eleven U.S. provisions of the Privacy Act. Instructions: All submissions received Coast Guard statutory missions. Those must include the agency name and missions require the collection of a wide II. Privacy Act docket number for this notice. All range of information, including The Privacy Act embodies fair comments received will be posted personally identifiable information (PII). information practice principles in a without change to http:// The collection and use of PII is required statutory framework governing the

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means by which federal government also publishing elsewhere in this issue potential criminal, civil, or regulatory agencies collect, maintain, use, and of the Federal Register. violation to the existence of that investigation disseminate individuals’ records. The and reveal investigative interest on the part List of Subjects in 6 CFR Part 5 Privacy Act applies to information that of DHS as well as the recipient agency. Freedom of information; Privacy. Disclosure of the accounting would therefore is maintained in a ‘‘system of records.’’ present a serious impediment to law A ‘‘system of records’’ is a group of any For the reasons stated in the enforcement efforts and efforts to preserve records under the control of an agency preamble, DHS proposes to amend national security. Disclosure of the from which information is retrieved by chapter I of title 6, Code of Federal accounting would also permit the individual the name of the individual or by some Regulations, as follows: who is the subject of a record to impede the identifying number, symbol, or other investigation, to tamper with witnesses or identifying particular assigned to the PART 5—DISCLOSURE OF RECORDS evidence, and to avoid detection or individual. In the Privacy Act, an AND INFORMATION apprehension, which would undermine the individual is defined to encompass U.S. entire investigative process. When an investigation has been completed, citizens and lawful permanent ■ 1. The authority citation for Part 5 continues to read as follows: information on disclosures made may residents. Similarly, the Judicial Redress continue to be exempted if the fact that an Act (JRA) provides a statutory right to Authority: 6 U.S.C. 101 et seq.; Pub. L. investigation occurred remains sensitive after covered persons to make requests for 107–296, 116 Stat. 2135; 5 U.S.C. 301. completion. access and amendment to covered (b) From subsection (d) (Access and ■ 2. In Appendix C to Part 5, revise records, as defined by the JRA, along Amendment to Records) because access to paragraph 8 to read as follows: with judicial review for denials of such the records contained in this system of requests. In addition, the JRA prohibits Appendix C to Part 5—DHS Systems of records could inform the subject of an disclosures of covered records, except as Records Exempt From the Privacy Act investigation of an actual or potential criminal, civil, or regulatory violation to the otherwise permitted by the Privacy Act. * * * * * existence of that investigation and reveal The Privacy Act allows government 8. The Department of Homeland Security investigative interest on the part of DHS or agencies to exempt certain records from (DHS)/United States Coast Guard (USCG)– another agency. Access to the records could the access and amendment provisions. If 061 Maritime Analytic Support System permit the individual who is the subject of an agency claims an exemption, (MASS) System of Records consists of a record to impede the investigation, to however, it must issue a Notice of electronic and paper records and will be used tamper with witnesses or evidence, and to Proposed Rulemaking to make clear to by DHS and its components. The DHS/ avoid detection or apprehension. the public the reasons why a particular USCG–061 Maritime Analytic Support Amendment of the records could interfere exemption is claimed. System (MASS) System of Records is a with ongoing investigations and law DHS is claiming exemptions from repository of information held by DHS in enforcement activities and would impose an certain requirements of the Privacy Act connection with its several and varied unreasonable administrative burden by for DHS/USCG–061 Maritime Analytic missions and functions, including, but not requiring investigations to be continually limited to the enforcement of civil and reinvestigated. In addition, permitting access Support System (MASS) System of criminal laws; investigations, inquiries, and and amendment to such information could Records. Some information in DHS/ proceedings there under; and national disclose security-sensitive information that USCG–061 Maritime Analytic Support security and intelligence activities. The DHS/ could be detrimental to homeland security. System (MASS) System of Records USCG–061 Maritime Analytic Support (c) From subsection (e)(1) (Relevancy and relates to official DHS national security, System (MASS) System of Records contains Necessity of Information) because in the law enforcement, and intelligence information that is collected by, on behalf of, course of investigations into potential activities. These exemptions are needed in support of, or in cooperation with DHS violations of federal law, the accuracy of to protect information relating to DHS and its components and may contain information obtained or introduced activities from disclosure to subjects or personally identifiable information collected occasionally may be unclear, or the others related to these activities. by other federal, state, local, tribal, foreign, information may not be strictly relevant or or international government agencies. necessary to a specific investigation. In the Specifically, the exemptions are The Secretary of Homeland Security, interests of effective law enforcement, it is required to preclude subjects of these pursuant to 5 U.S.C. 552a(j)(2), has exempted appropriate to retain all information that may activities from frustrating these this system from the following provisions of aid in establishing patterns of unlawful processes; to avoid disclosure of activity the Privacy Act: 5 U.S.C. 552a(c)(3) and (4); activity. techniques; to protect the identities and (d); (e)(1) through (3), (e)(4)(G) through (I), (d) From subsection (e)(2) (Collection of physical safety of confidential (e)(5) and (8); (f); and (g)(1). Additionally, the Information from Individuals) because informants and law enforcement Secretary of Homeland Security, pursuant to requiring that information be collected from personnel; to ensure DHS’s ability to 5 U.S.C. 552a(k)(1) and (k)(2), has exempted the subject of an investigation would alert the obtain information from third parties this system from the following provisions of subject to the nature or existence of the and other sources; to protect the privacy the Privacy Act: 5 U.S.C. 552a(c)(3); (d); investigation, thereby interfering with that (e)(1), (e)(4)(G) through (I), and (f). investigation and related law enforcement of third parties; and to safeguard Where a record received from another activities. classified information. Disclosure of system has been exempted in that source (e) From subsection (e)(3) (Notice to information to the subject of the inquiry system under 5 U.S.C. 552a(j)(2), DHS will Subjects) because providing such detailed could also permit the subject to avoid claim the same exemptions for those records information could impede law enforcement detection or apprehension. that are claimed for the original primary by compromising the existence of a In appropriate circumstances, when systems of records from which they confidential investigation or reveal the compliance would not appear to originated and claims any additional identity of witnesses or confidential interfere with or adversely affect the law exemptions set forth here. informants. enforcement purposes of this system Exemptions from these particular (f) From subsections (e)(4)(G) through (I) subsections are justified, on a case-by-case (Agency Requirements) and (f) (Agency and the overall law enforcement basis to be determined at the time a request Rules), because portions of this system are process, the applicable exemptions may is made, for the following reasons: exempt from the individual access provisions be waived on a case-by-case basis. (a) From subsection (c)(3) and (4) of subsection (d) for the reasons noted above, A notice of system of records for DHS/ (Accounting for Disclosures) because release and therefore DHS is not required to establish USCG–061 Maritime Analytic Support of the accounting of disclosures could alert requirements, rules, or procedures with System (MASS) System of Records is the subject of an investigation of an actual or respect to such access. Providing notice to

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individuals with respect to existence of the online instructions for sending your following paragraph, and other records pertaining to them in the system of comments electronically. information as described in 14 CFR records or otherwise setting up procedures b Mail: Send comments to Docket 11.35, the FAA will file in the docket all pursuant to which individuals may access Operations, M–30, U.S. Department of comments received, as well as a report and view records pertaining to themselves in Transportation (DOT), 1200 New Jersey summarizing each substantive public the system would undermine investigative efforts and reveal the identities of witnesses, Avenue SE, Room W12–140, West contact with FAA personnel concerning and potential witnesses, and confidential Building Ground Floor, Washington, DC these proposed airworthiness criteria. informants. 20590–0001. Before acting on this proposal, the FAA (g) From subsection (e)(5) (Collection of b Hand Delivery of Courier: Take will consider all comments received on Information) because with the collection of comments to Docket Operations in or before the closing date for comments. information for law enforcement purposes, it Room W12–140 of the West Building The FAA will consider comments filed is impossible to determine in advance what Ground Floor at 1200 New Jersey late if it is possible to do so without information is accurate, relevant, timely, and Avenue SE, Washington, DC, between 9 incurring delay. The FAA may change complete. Compliance with subsection (e)(5) a.m. and 5 p.m., Monday through these airworthiness criteria based on would preclude DHS agents from using their Friday, except Federal holidays. received comments. investigative training and exercise of good b Fax: Fax comments to Docket judgment to both conduct and report on Operations at 202–493–2251. Confidential Business Information investigations. Privacy: The FAA will post all (h) From subsection (e)(8) (Notice on Confidential Business Information Individuals) because compliance would comments it receives, without change, (CBI) is commercial or financial interfere with DHS’s ability to obtain, serve, to http://regulations.gov, including any information that is both customarily and and issue subpoenas, warrants, and other law personal information the commenter actually treated as private by its owner. enforcement mechanisms that may be filed provides. Using the search function of Under the Freedom of Information Act under seal and could result in disclosure of the docket website, anyone can find and (FOIA) (5 U.S.C. 552), CBI is exempt investigative techniques, procedures, and read the electronic form of all comments from public disclosure. If your evidence. received into any FAA docket, comments responsive to this NPRM (i) From subsection (g)(1) (Civil Remedies) including the name of the individual contain commercial or financial to the extent that the system is exempt from sending the comment (or signing the information that is customarily treated other specific subsections of the Privacy Act. comment for an association, business, as private, that you actually treat as * * * * * labor union, etc.). DOT’s complete private, and that is relevant or Constantina Kozanas, Privacy Act Statement can be found in responsive to this notice, it is important Chief Privacy Officer, Department of the Federal Register published on April that you clearly designate the submitted Homeland Security. 11, 2000 (65 FR 19477–19478), as well comments as CBI. Please mark each as at http://DocketsInfo.dot.gov. [FR Doc. 2020–25541 Filed 11–20–20; 8:45 am] page of your submission containing CBI Docket: Background documents or BILLING CODE 9110–04–P as ‘‘PROPIN.’’ The FAA will treat such comments received may be read at marked submissions as confidential http://www.regulations.gov at any time. under the FOIA, and they will not be Follow the online instructions for placed in the public docket of this DEPARTMENT OF TRANSPORTATION accessing the docket or go to the Docket notice. Submissions containing CBI Operations in Room W12–140 of the Federal Aviation Administration should be sent to the individual listed West Building Ground Floor at 1200 under FOR FURTHER INFORMATION New Jersey Avenue SE, Washington, 14 CFR Part 21 CONTACT. Any commentary that the FAA DC, between 9 a.m. and 5 p.m., Monday receives which is not specifically [Docket No. FAA–2020–1089] through Friday, except Federal holidays. designated as CBI will be placed in the FOR FURTHER INFORMATION CONTACT: public docket for this notice. Airworthiness Criteria: Special Class Hieu Nguyen, AIR–692, Federal Airworthiness Criteria for the Percepto Aviation Administration, Policy and Background Robotics, Ltd. Percepto System 2.4 Innovation Division, Small Airplane Percepto Robotics, Ltd., (Percepto) Standards Branch, Aircraft Certification applied to the FAA on August 1, 2019, AGENCY: Federal Aviation Service, 901 Locust, Room 301, Kansas for a special class type certificate under Administration (FAA), DOT City, MO 64106, telephone (816) 329– Title 14, Code of Federal Regulations ACTION: Notice of proposed 4123, facsimile (816) 329–4090. (14 CFR) 21.17(b) for the Model airworthiness criteria. SUPPLEMENTARY INFORMATION: Percepto System 2.4 UAS. The Model Percepto System 2.4 SUMMARY: The FAA announces the Comments Invited consists of an unmanned aircraft (UA) availability of and requests comments The FAA invites interested people to and its associated elements that include on proposed airworthiness criteria for take part in the development of these communication links and the the Percepto Robotics, Ltd. Model airworthiness criteria by sending components that control the UA. The Percepto System 2.4 unmanned aircraft written comments, data, or views. The Model Percepto System 2.4 UA has a system (UAS). This document proposes most helpful comments reference a maximum gross takeoff weight of 25 airworthiness criteria the FAA finds to specific portion of the airworthiness pounds. It is approximately 49 inches in be appropriate and applicable for the criteria, explain the reason for any width, 49 inches in length, and 12 UAS design. recommended change, and include inches in height. The Model Percepto DATES: Send comments on or before supporting data. Comments on System 2.4 UA is battery powered using December 23, 2020. operational, pilot certification, and electric motors for vertical takeoff, ADDRESSES: Send comments identified maintenance requirements would landing, and forward flight. The UAS by docket number FAA–2020–1089 address issues that are beyond the scope operations would rely on high levels of using any of the following methods: of this document. automation and may include multiple b Federal eRegulations Portal: Go to Except for Confidential Business UA operated by a single pilot, up to a http://www.regulations.gov and follow Information as described in the ratio of 20 UA to 1 pilot. Percepto

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anticipates operators will use the Model would be inappropriate for UAS. The specifically prescribe airworthiness Percepto System 2.4 for inspection or FAA finds that the proposed criteria are standards for software: Engine surveying of critical infrastructure. The appropriate and applicable for the UAS airworthiness standards (§ 33.28) and proposed concept of operations for the design, based on the intended propeller airworthiness standards Model Percepto System 2.4 identifies a operational concepts for the UAS as (§ 35.23). The proposed UAS software maximum operating altitude of 400 feet identified by the applicant. criteria was based on these regulations above ground level, a maximum cruise The FAA selected the particular and tailored for the risks posed by UAS speed of 24 knots, operations beyond airworthiness criteria proposed by this software. visual line of sight of the pilot, and notice for the following reasons: UAS.115 Cyber Security: The operations over human beings. Percepto General: In order to determine location of the pilot separate from the has not requested type certification for appropriate and applicable UA requires a continuous wireless flight into known icing for the Model airworthiness standards for UAS as a connection (command and control link) Percepto System 2.4. special class of aircraft, the FAA with the UA for the pilot to monitor and determined that the applicant must control it. Because the purpose of this Discussion provide information describing the link is to control the aircraft, this makes The FAA establishes airworthiness characteristics and capabilities of the the UAS susceptible to cyber security criteria to ensure the safe operation of UAS and how it will be used. threats in a unique way. aircraft in accordance with 49 U.S.C. UAS.001 Concept of Operations: To The current regulations for the 44701(a) and 44704. UAS are type assist the FAA in identifying and certification of systems, equipment, and certificated by the FAA as special class analyzing the risks and impacts installations (e.g., §§ 23.2510, 25.1309, aircraft for which airworthiness associated with integrating the proposed 27.1309, and 29.1309) do not adequately standards have not been established by UAS design into the National Airspace address potential security regulation. Under the provisions of 14 System, the applicant would be required vulnerabilities that could be exploited CFR 21.17(b), the airworthiness to submit a Concept of Operations by unauthorized access to aircraft standards for special class aircraft are (CONOPS). The proposed criteria would systems, data buses, and services. For those the FAA finds to be appropriate require the applicant’s CONOPS to manned aircraft, the FAA therefore and applicable to the specific type identify the intended operational issues special conditions for particular design. concepts for the UAS and describe the designs with network security The applicant has proposed a design UAS and its operation. The information vulnerabilities. with constraints upon its operations and in the CONOPS would determine To address the risks to the UAS an unusual design characteristic: The parameters and extent of testing, as well associated with intentional pilot is remotely located. The FAA as operating limitations that will be unauthorized electronic interactions, developed existing airworthiness placed in the UAS Flight Manual. the applicant would be required to standards to establish an appropriate Design and Construction: The FAA design the UAS’s systems and networks level of safety for each product and its selected the design and construction to protect against intentional intended use. The FAA’s existing criteria in this section to address unauthorized electronic interactions airworthiness standards did not airworthiness requirements where the and mitigate potential adverse effects. envision aircraft with no pilot in the flight testing demonstration alone may The FAA based the language for the cockpit and the technologies associated not be sufficient to demonstrate an proposed criteria on recommendations with that capability. appropriate level of safety. in the final report dated August 22, The FAA has reviewed the proposed UAS.100 Control Station: The 2016, from the Aircraft System design and assessed the potential risk to control station, which is located Information Security/Protection (ASISP) the National Airspace System. The FAA separately from the UA, is a unique working group, under the FAA’s considered the size of the proposed feature to UAS. As a result, no Aviation Rulemaking Advisory aircraft, its maximum airspeed and regulatory airworthiness standards exist Committee. Although the altitude, and operational limitations to that directly apply to this part of the recommendations pertained to manned address the number of unmanned system. The FAA based some of the aircraft, the FAA has reviewed the aircraft per operator and to address proposed criteria on existing regulations report and determined the operations in which the aircraft would that address the information that must recommendations are also appropriate operate beyond the visual line of sight be provided to a pilot in the cockpit of for UAS. The wireless connections used of the pilot. These factors allowed the a manned aircraft, and modified them as by UAS make these aircraft susceptible FAA to assess the potential risk the appropriate to this UAS. Thus, to to the same cyber security risks, and aircraft could pose to other aircraft and address the risks associated with loss of therefore require similar criteria, as to human beings on the ground. Using control of the UAS, the applicant would manned aircraft. these parameters, the FAA developed be required to design the control station UAS.120 Contingency Planning: The airworthiness criteria to address those to provide the pilot with the location of the pilot and the controls for potential risks to ensure the aircraft information necessary for continued the UAS, separate from the UA, is a remains reliable, controllable, safe, and safe flight and operation. The proposed unique feature to UAS. As a result, no airworthy. criteria contain the specific minimum regulatory airworthiness standards exist The proposed criteria focus on types of information the FAA finds are that directly apply to this feature of the mitigating hazards by establishing safety necessary for this requirement; however, system. outcomes that must be achieved, rather the applicant must determine whether To address the risks associated with than by establishing prescriptive additional parameters are necessary. loss of communication between the requirements that must be met. This is UAS.110 Software: Software for pilot and the UA, and thus the pilot’s in contrast to many current manned aircraft is certified under the inability to control the UA, the airworthiness standards, used to regulations applicable to systems, proposed criteria would require that the certificate traditional aircraft systems, equipment, and installations (e.g., UAS be designed to automatically which prescribe specific indicators and §§ 23.2510, 25.1309, 27.1309, or execute a predetermined action. instruments for a pilot in a cockpit that 29.1309). There are two regulations that Because the pilot needs to be aware of

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the particular predetermined action the the Instructions for Continued criteria to evaluate how the UAS UA will take when there is a loss of Airworthiness (ICA) are substantively functions after failures that are probable communication between the pilot and the same as that in § 23.1529, with to occur. The applicant will test the the UA, the proposed criteria would minor changes to reflect UAS UAS by inducing certain failures and require that the applicant identify the terminology. demonstrating that the failure will not predetermined action in the UAS Flight Testing: Traditional certification result in a loss of containment or control Manual. The proposed criteria would methodologies for manned aircraft are of the UA. The proposed criteria contain also include requirements for based on design requirements verified at the minimum types of failures the FAA preventing takeoff when quality of the component level by inspection, finds are probable; however, the service is inadequate. analysis, demonstration, or test. Due to applicant must determine the probable UAS.125 Lightning: Because of the the difference in size and complexity, failures related to any other equipment size and physical limitations of this the FAA determined testing that will be addressed for this UAS, it would be unlikely that this UAS methodologies that demonstrate requirement. would incorporate traditional lightning reliability at the aircraft (UAS) level, in UAS.310 Capabilities and protection features. To address the risks addition to the design and construction Functions: The proposed criteria for this that would result from a lightning strike, criteria identified in this proposal, will section address the minimum the proposed criteria would require an achieve the same safety objective. The capabilities and functions the FAA finds operating limitation in the UAS Flight proposed testing criteria in sections are necessary in the design of the UAS Manual that prohibits flight into UAS.300 through UAS.320 utilize these and would require the applicant to weather conditions conducive to methodologies. demonstrate these capabilities and lightning. The proposed criteria would UAS.300 Durability and Reliability: functions by test. Due to the location of also allow design characteristics to The FAA intends the proposed testing the pilot and the controls for UAS, protect the UAS from lightning as an criteria in this section to cover key separate from the UA, communication alternative to the prohibition. design aspects and prevent unsafe between the pilot and the UA is UAS.130 Adverse Weather features at an appropriate level tailored significant to the design. Thus, the Conditions: Because of the size and for this UAS. The proposed durability proposed criteria would require the physical limitations of this UAS, and reliability testing would require the applicant to demonstrate the capability applicant to demonstrate safe flight of adverse weather such as rain, snow, and of the UAS to regain command and icing pose a greater hazard to the UAS the UAS across the entire operational control after a loss. As with manned than to manned aircraft. For the same envelope and up to all operational aircraft, the electrical system of the UAS reason, it would be unlikely that this limitations, for all phases of flight and must have a capacity sufficient for all UAS would incorporate traditional all aircraft configurations. The UAS anticipated loads; the proposed criteria protection features from icing. The FAA would only be certificated for would require the applicant to based the proposed criteria on the icing operations within the limitations, and demonstrate this by test. requirements in 14 CFR 23.2165(b) and for flight over the maximum population (c), and applied them to all of these density, as demonstrated by test. The The proposed criteria contain adverse weather conditions. The proposed criteria would require that all functions that would allow the pilot to proposed criteria would allow design flights during the testing be completed command the UA to deviate from its characteristics to protect the UAS from with no failures that result in a loss of flight plan or from its pre-programmed adverse weather conditions. As an flight, loss of control, loss of flight path. For example, in the event alternative, the proposed criteria would containment, or emergency landing the pilot needs to deconflict the require an operating limitation in the outside of the operator’s recovery zone. airspace, the UA must be able to UAS Flight Manual that prohibits flight For some aircraft design requirements respond to pilot inputs that override any into known adverse weather conditions, imposed by existing airworthiness pre-programming. and either also prevent inadvertent standards (e.g., §§ 23.2135, 23.2600, In the event an applicant requests flight into adverse weather or provide a 25.105, 25.125, 27.141, 27.173, 29.51, approval for certain features, such as means to detect and to avoid or exit 29.177) the aircraft must not require geo-fencing or external cargo, the adverse weather conditions. exceptional piloting skill or alertness. proposed criteria contain requirements UAS.135 Critical Parts: The These rules recognize that pilots have to address the associated risks. The proposed criteria for critical parts are varying levels of ability and attention. In proposed criteria in this section would substantively the same as that in a similar manner, the proposed criteria also require design of the UAS to § 27.602, with changes to reflect UAS would require that the durability and safeguard against an unintended terminology and failure condition. reliability flight testing be performed by discontinuation of flight or release of Operating Limitations and a pilot with average skill and alertness. cargo, whether by human action or Information: Similar to manned aircraft, Flight testing will be used to malfunction. the FAA determined that the UAS determine the aircraft’s ability to UAS.315 Fatigue: The FAA intends applicant must provide airworthiness withstand flight loads across the range the proposed criteria in this section to instructions, operating limitations, and of operating limits and the flight address the risks from reduced flight and performance information envelope. Because small UAS may be structural integrity and structural failure necessary for the safe operation and subjected to significant ground loads due to fatigue. The proposed criteria continued operational safety of the when handled, lifted, carried, loaded, would require the applicant to establish UAS. maintained, and transported physically an airframe life limit and demonstrate UAS.200 Flight Manual: The by hand, the proposed criteria would that loss of flight or loss of control due proposed criteria for the UAS Flight require that the aircraft used for testing to structural failure will be avoided Manual are substantively the same as endure the same worst-case ground throughout the operational life of the that in § 23.2620, with minor changes to loads as those the UAS will experience UA. These proposed criteria would reflect UAS terminology. in operation after type certification. require the applicant to demonstrate UAS.205 Instructions for Continued UAS.305 Probable Failures: The this by test, while maintaining the UA Airworthiness: The proposed criteria for FAA intends the proposed testing in accordance with the ICA.

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UAS.320 Verification of Limits: This (d) Flight and navigation information limitation to prohibit flight into weather section would evaluate structural safety as appropriate, such as airspeed, conditions conducive to lightning and address the risks associated with heading, altitude, and location. activity. inadequate structural design. While the (e) C2 link signal strength, quality, or UAS.130 Adverse Weather Conditions proposed criteria in UAS.300 address status. testing to demonstrate that the UAS (a) For purposes of this section, UAS.110 Software structure adequately supports expected ‘‘adverse weather conditions’’ means loads throughout the flight and To minimize the existence of errors, rain, snow, and icing. operational envelopes, the proposed the applicant must: (b) Except as provided in paragraph criteria in this section would require an (a) Verify by test all software that may (c) of this section, the UAS must have evaluation of the performance, impact the safe operation of the UAS; design characteristics that will allow the maneuverability, stability, and control (b) Utilize a configuration UAS to operate within the adverse of the UA with a factor of safety. management system that tracks, weather conditions specified in the controls, and preserves changes made to CONOPS without loss of flight or loss of Proposed Airworthiness Criteria software throughout the entire life cycle; control. The FAA proposes to establish the and (c) For adverse weather conditions for following airworthiness criteria for type (c) Implement a problem reporting which the UAS is not approved to certification of the Percepto Model system that captures and records defects operate, the applicant must develop Percepto System 2.4. The FAA proposes and modifications to the software. operating limitations to prohibit flight that compliance with the following into known adverse weather conditions UAS.115 Cyber Security would mitigate the risks associated with and either: the proposed design and Concept of (a) UAS equipment, systems, and (1) Develop operating limitations to Operations appropriately and would networks, addressed separately and in prevent inadvertent flight into adverse provide an equivalent level of safety to relation to other systems, must be weather conditions; or existing rules: protected from intentional unauthorized (2) Provide a means to detect any electronic interactions that may result in adverse weather conditions for which General an adverse effect on the security or the UAS is not certificated to operate UAS.001 Concept of Operations airworthiness of the UAS. Protection and show the UAS’s ability to avoid or The applicant must define and submit must be ensured by showing that the exit those conditions. security risks have been identified, to the FAA a concept of operations UAS.135 Critical Parts (CONOPS) proposal describing the assessed, and mitigated as necessary. Unmanned Aircraft System (UAS) (b) When required by paragraph (a) of (a) A critical part is a part, the failure operation in the National Airspace this section, procedures and of which could result in a loss of flight System for which certification is instructions to ensure security or unrecoverable loss of UAS control. requested. The CONOPS proposal must protections are maintained must be (b) If the type design includes critical include, at a minimum, a description of included in the Instructions for parts, the applicant must establish a the following information. Continued Airworthiness (ICA). critical parts list. The applicant must develop and define mandatory (a) The intended type of operations; UAS.120 Contingency Planning (b) Unmanned aircraft (UA) maintenance instructions or life limits, specifications; (a) The UAS must be designed so that, or a combination of both, to prevent (c) Meteorological conditions; in the event of a loss of the C2 link, the failures of critical parts. Each of these (d) Operators, pilots, and personnel UA will automatically and immediately mandatory actions must be included in responsibilities; execute a safe predetermined flight, the Airworthiness Limitations Section (e) Control station and support loiter, landing, or termination. of the ICA. equipment; (b) The applicant must establish the Operating Limitations and Information (f) Command, control, and predetermined action in the event of a communication functions; and loss of the C2 link and include it in the UAS.200 Flight Manual (g) Operational parameters, such as UAS Flight Manual. The applicant must provide a UAS population density, geographic (c) The UAS Flight Manual must Flight Manual with each UAS. operating boundaries, airspace classes, include the minimum performance (a) The UAS Flight Manual must launch and recovery area, congestion of requirements for the C2 data link contain the following information: proposed operating area, defining when the C2 link is degraded (1) UAS operating limitations; communications with air traffic control, to a level where remote active control of (2) UAS normal and emergency line of sight, and aircraft separation. the UA is no longer ensured. Takeoff operating procedures; Design and Construction when the C2 link is degraded below the (3) Performance information; minimum link performance (4) Loading information; and UAS.100 Control Station requirements must be prevented by (5) Other information that is necessary The control station must be designed design or prohibited by an operating for safe operation because of design, to provide the pilot with all information limitation in the UAS Flight Manual. operating, or handling characteristics. (b) Those portions of the UAS Flight required for continued safe flight and UAS.125 Lightning operation. This information includes, at Manual containing the information a minimum, the following: (a) Except as provided in paragraph specified in paragraphs (a)(1) through (a) Alerts, such as an alert following (b) of this section, the UAS must have (4) of this section must be approved by the loss of the command and control design characteristics that will protect the FAA. (C2) link and function. the UAS from loss of flight or loss of (b) The status of all critical parameters control due to lightning. UAS.205 Instructions for Continued for all energy storage systems. (b) If the UAS has not been shown to Airworthiness (c) The status of all critical parameters protect against lightning, the UAS Flight The applicant must prepare ICA for for all propulsion systems. Manual must include an operating the UAS in accordance with Appendix

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A to Part 23, as appropriate, that are No maintenance beyond the intervals (c) The UAS must be designed to acceptable to the FAA. The ICA may be established in the ICA will be allowed safeguard against inadvertent incomplete at type certification if a to show compliance with this section. discontinuation of the flight and program exists to ensure their (i) If cargo operations or external-load inadvertent release of cargo or external- completion prior to delivery of the first operations are requested, tests must load. UAS or issuance of a standard show, throughout the flight envelope UAS.315 Fatigue airworthiness certificate, whichever and with the cargo or external-load at occurs later. the most critical combinations of weight The structure of the UA must be and center of gravity, that— shown to be able to withstand the Testing (1) the UA is safely controllable and repeated loads expected during its UAS.300 Durability and Reliability maneuverable; and service life without failure. A life limit (2) the cargo or external-load are for the airframe must be established, The UAS must be designed to be retainable and transportable. demonstrated by test, and included in durable and reliable commensurate to the ICA. the maximum population density UAS.305 Probable Failures specified in the operating limitations. The UAS must be designed such that UAS.320 Verification of Limits The durability and reliability must be a probable failure will not result in a The performance, maneuverability, demonstrated by flight test in loss of containment or control of the stability, and control of the UA within accordance with the requirements of UA. This must be demonstrated by test. the flight envelope described in the this section and completed with no (a) Probable failures related to the UAS Flight Manual must be failures that result in a loss of flight, loss following equipment, at a minimum, demonstrated at a minimum of 5% over of control, loss of containment, or must be addressed. maximum gross weight with no loss of emergency landing outside the (1) Propulsion systems; control or loss of flight. operator’s recovery area. (2) C2 link; (3) Global Positioning System (GPS); Issued in Kansas City, Missouri, on (a) Once a UAS has begun testing to November 16, 2020. show compliance with this section, all (4) Critical flight control components Patrick R. Mullen, flights for that UA must be included in with a single point of failure; the flight test report. (5) Control station; and Manager, Small Airplane Standards Branch, (6) Any other equipment identified by Policy and Innovation Division, Aircraft (b) Tests must include an evaluation Certification Service. of the entire flight envelope across all the applicant. phases of operation and must address, at (b) Any UAS used for testing must be [FR Doc. 2020–25668 Filed 11–20–20; 8:45 am] a minimum, the following: operated in accordance with the UAS BILLING CODE 4910–13–P (1) Flight distances; Flight Manual. (c) Each test must occur at the critical (2) Flight durations; DEPARTMENT OF TRANSPORTATION (3) Route complexity; phase and mode of flight, and at the highest aircraft-to-pilot ratio. (4) Weight; Federal Aviation Administration (5) Center of gravity; UAS.310 Capabilities and Functions (6) Density altitude; 14 CFR Part 21 (7) Outside air temperature; (a) All of the following required UAS (8) Airspeed; capabilities and functions must be [Docket No. FAA–2020–1090] (9) Wind; demonstrated by test: Airworthiness Criteria: Special Class (10) Weather; (1) Capability to regain command and Airworthiness Criteria for the Flytrex, (11) Operation at night, if requested; control of the UA after the C2 link has Inc. FTX–M600P (12) Energy storage system capacity; been lost. (2) Capability of the electrical system and AGENCY: Federal Aviation (13) Aircraft to pilot ratio. to power all UA systems and payloads. (3) Ability for the pilot to safely Administration (FAA), DOT. (c) Tests must include the most discontinue the flight. ACTION: Notice of proposed adverse combinations of the conditions (4) Ability for the pilot to dynamically airworthiness criteria. and configurations in paragraph (b) of re-route the UA. SUMMARY: The FAA announces the this section. (5) Ability to safely abort a takeoff. (d) Tests must show a distribution of (6) Ability to safely abort a landing availability of and requests comments the different flight profiles and routes and initiate a go-around. on proposed airworthiness criteria for representative of the type of operations (b) The following UAS capabilities the Flytrex, Inc. Model FTX–M600P identified in the CONOPS. and functions, if requested for approval, unmanned aircraft system (UAS). This (e) Tests must be conducted in must be demonstrated by test: document proposes airworthiness conditions consistent with the expected (1) Continued flight after degradation criteria the FAA finds to be appropriate environmental conditions identified in of the propulsion system. and applicable for the UAS design. the CONOPS, including electromagnetic (2) Geo-fencing that contains the UA DATES: Send comments on or before interference (EMI) and High Intensity within a designated area, in all December 23, 2020. Radiated Fields (HIRF). operating conditions. ADDRESSES: Send comments identified (f) Tests must not require exceptional (3) Positive transfer of the UA by docket number FAA–2020–1090 piloting skill or alertness. between control stations that ensures using any of the following methods: (g) Any UAS used for testing must be only one control station can control the b Federal eRegulations Portal: Go to subject to the same worst-case ground UA at a time. http://www.regulations.gov and follow handling, shipping, and transportation (4) Capability to release an external the online instructions for sending your loads as those allowed in service. cargo load to prevent loss of control of comments electronically. (h) Any UAS used for testing must be the UA. b Mail: Send comments to Docket maintained and operated in accordance (5) Capability to detect and avoid Operations, M–30, U.S. Department of with the ICA and UAS Flight Manual. other aircraft and obstacles. Transportation (DOT), 1200 New Jersey

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Avenue SE, Room W12–140, West summarizing each substantive public operating altitude of 230 feet above Building Ground Floor, Washington, DC contact with FAA personnel concerning ground level, a maximum cruise speed 20590–0001. these proposed airworthiness criteria. of 30 knots (34 mph), operations beyond b Hand Delivery of Courier: Take Before acting on this proposal, the FAA visual line of sight of the pilot, and comments to Docket Operations in will consider all comments received on operations over human beings. Flytrex Room W12–140 of the West Building or before the closing date for comments. has not requested type certification for Ground Floor at 1200 New Jersey The FAA will consider comments filed flight into known icing for the Model Avenue SE, Washington, DC, between 9 late if it is possible to do so without FTX–M600P. a.m. and 5 p.m., Monday through incurring delay. The FAA may change Discussion Friday, except Federal holidays. these airworthiness criteria based on b Fax: Fax comments to Docket received comments. The FAA establishes airworthiness Operations at 202–493–2251. Confidential Business Information criteria to ensure the safe operation of Privacy: The FAA will post all aircraft in accordance with 49 U.S.C. comments it receives, without change, Confidential Business Information 44701(a) and 44704. UAS are type to http://regulations.gov, including any (CBI) is commercial or financial certificated by the FAA as special class personal information the commenter information that is both customarily and aircraft for which airworthiness provides. Using the search function of actually treated as private by its owner. standards have not been established by the docket website, anyone can find and Under the Freedom of Information Act regulation. Under the provisions of 14 read the electronic form of all comments (FOIA) (5 U.S.C. 552), CBI is exempt CFR 21.17(b), the airworthiness received into any FAA docket, from public disclosure. If your standards for special class aircraft are including the name of the individual comments responsive to this NPRM those the FAA finds to be appropriate sending the comment (or signing the contain commercial or financial and applicable to the specific type comment for an association, business, information that is customarily treated design. as private, that you actually treat as labor union, etc.). DOT’s complete The applicant has proposed a design private, and that is relevant or Privacy Act Statement can be found in with constraints upon its operations and responsive to this notice, it is important the Federal Register published on April an unusual design characteristic: The that you clearly designate the submitted 11, 2000 (65 FR 19477–19478), as well pilot is remotely located. The FAA comments as CBI. Please mark each as at http://DocketsInfo.dot.gov. developed existing airworthiness page of your submission containing CBI Docket: Background documents or standards to establish an appropriate as ‘‘PROPIN.’’ The FAA will treat such comments received may be read at level of safety for each product and its marked submissions as confidential http://www.regulations.gov at any time. intended use. The FAA’s existing under the FOIA, and they will not be Follow the online instructions for airworthiness standards did not placed in the public docket of this accessing the docket or go to the Docket envision aircraft with no pilot in the Operations in Room W12–140 of the notice. Submissions containing CBI should be sent to the individual listed cockpit and the technologies associated West Building Ground Floor at 1200 with that capability. under FOR FURTHER INFORMATION New Jersey Avenue SE, Washington, CONTACT. Any commentary that the FAA The FAA has reviewed the proposed DC, between 9 a.m. and 5 p.m., Monday receives which is not specifically design and assessed the potential risk to through Friday, except Federal holidays. designated as CBI will be placed in the the National Airspace System. The FAA FOR FURTHER INFORMATION CONTACT: public docket for this notice. considered the size of the proposed Hieu Nguyen, AIR–692, Federal aircraft, its maximum airspeed and Aviation Administration, Policy and Background altitude, and operational limitations to Innovation Division, Small Airplane Flytrex, Inc., (Flytrex) applied to the address the number of unmanned Standards Branch, Aircraft Certification FAA on March 18, 2019, for a special aircraft per operator and to address Service, 901 Locust, Room 301, Kansas class type certificate under Title 14, operations in which the aircraft would City, MO 64106, telephone (816) 329– Code of Federal Regulations (14 CFR) operate beyond the visual line of sight 4123, facsimile (816) 329–4090. 21.17(b) for the Model FTX–M600P of the pilot. These factors allowed the SUPPLEMENTARY INFORMATION: UAS. FAA to assess the potential risk the The Model FTX–M600P consists of an aircraft could pose to other aircraft and Comments Invited unmanned aircraft (UA) and its to human beings on the ground. Using The FAA invites interested people to associated elements that include these parameters, the FAA developed take part in the development of these communication links and the airworthiness criteria to address those airworthiness criteria by sending components that control the UA. The potential risks to ensure the aircraft written comments, data, or views. The Model FTX–M600P UA has a maximum remains reliable, controllable, safe, and most helpful comments reference a gross takeoff weight of 34 pounds. It is airworthy. specific portion of the airworthiness approximately 53 inches in width, 53 The proposed criteria focus on criteria, explain the reason for any inches in length, and 31 inches in mitigating hazards by establishing safety recommended change, and include height. The Model FTX–M600P UA is outcomes that must be achieved, rather supporting data. Comments on battery powered using electric motors than by establishing prescriptive operational, pilot certification, and for vertical takeoff, landing, and forward requirements that must be met. This is maintenance requirements would flight. The UAS operations would rely in contrast to many current address issues that are beyond the scope on high levels of automation and may airworthiness standards, used to of this document. include multiple UA operated by a certificate traditional aircraft systems, Except for Confidential Business single pilot, up to a ratio of 20 UA to which prescribe specific indicators and Information as described in the 1 pilot. Flytrex anticipates operators instruments for a pilot in a cockpit that following paragraph, and other will use the Model FTX–M600P for would be inappropriate for UAS. The information as described in 14 CFR delivering packages. The proposed FAA finds that the proposed criteria are 11.35, the FAA will file in the docket all concept of operations for the Model appropriate and applicable for the UAS comments received, as well as a report FTX–M600P identifies a maximum design, based on the intended

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operational concepts for the UAS as (§ 35.23). The proposed UAS software require that the applicant identify the identified by the applicant. criteria was based on these regulations predetermined action in the UAS Flight The FAA selected the particular and tailored for the risks posed by UAS Manual. The proposed criteria would airworthiness criteria proposed by this software. also include requirements for notice for the following reasons: UAS.115 Cyber Security: The preventing takeoff when quality of General: In order to determine location of the pilot separate from the service is inadequate. appropriate and applicable UA requires a continuous wireless UAS.125 Lightning: Because of the airworthiness standards for UAS as a connection (command and control link) size and physical limitations of this special class of aircraft, the FAA with the UA for the pilot to monitor and UAS, it would be unlikely that this UAS determined that the applicant must control it. Because the purpose of this would incorporate traditional lightning provide information describing the link is to control the aircraft, this makes protection features. To address the risks characteristics and capabilities of the the UAS susceptible to cyber security that would result from a lightning strike, UAS and how it will be used. threats in a unique way. the proposed criteria would require an UAS.001 Concept of Operations: To The current regulations for the operating limitation in the UAS Flight assist the FAA in identifying and certification of systems, equipment, and Manual that prohibits flight into analyzing the risks and impacts installations (e.g., §§ 23.2510, 25.1309, weather conditions conducive to associated with integrating the proposed 27.1309, and 29.1309) do not adequately lightning. The proposed criteria would UAS design into the National Airspace address potential security also allow design characteristics to System, the applicant would be required vulnerabilities that could be exploited protect the UAS from lightning as an to submit a Concept of Operations by unauthorized access to aircraft alternative to the prohibition. (CONOPS). The proposed criteria would systems, data buses, and services. For UAS.130 Adverse Weather require the applicant’s CONOPS to manned aircraft, the FAA therefore Conditions: Because of the size and identify the intended operational issues special conditions for particular physical limitations of this UAS, concepts for the UAS and describe the designs with network security adverse weather such as rain, snow, and UAS and its operation. The information vulnerabilities. icing pose a greater hazard to the UAS in the CONOPS would determine To address the risks to the UAS than to manned aircraft. For the same parameters and extent of testing, as well associated with intentional as operating limitations that will be unauthorized electronic interactions, reason, it would be unlikely that this placed in the UAS Flight Manual. the applicant would be required to UAS would incorporate traditional Design and Construction: The FAA design the UAS’s systems and networks protection features from icing. The FAA selected the design and construction to protect against intentional based the proposed criteria on the icing criteria in this section to address unauthorized electronic interactions requirements in 14 CFR 23.2165(b) and airworthiness requirements where the and mitigate potential adverse effects. (c), and applied them to all of these flight testing demonstration alone may The FAA based the language for the adverse weather conditions. The not be sufficient to demonstrate an proposed criteria on recommendations proposed criteria would allow design appropriate level of safety. in the final report dated August 22, characteristics to protect the UAS from UAS.100 Control Station: The 2016, from the Aircraft System adverse weather conditions. As an control station, which is located Information Security/Protection (ASISP) alternative, the proposed criteria would separately from the UA, is a unique working group, under the FAA’s require an operating limitation in the feature to UAS. As a result, no Aviation Rulemaking Advisory UAS Flight Manual that prohibits flight regulatory airworthiness standards exist Committee. Although the into known adverse weather conditions, that directly apply to this part of the recommendations pertained to manned and either also prevent inadvertent system. The FAA based some of the aircraft, the FAA has reviewed the flight into adverse weather or provide a proposed criteria on existing regulations report and determined the means to detect and to avoid or exit that address the information that must recommendations are also appropriate adverse weather conditions. be provided to a pilot in the cockpit of for UAS. The wireless connections used UAS.135 Critical Parts: The a manned aircraft, and modified them as by UAS make these aircraft susceptible proposed criteria for critical parts are appropriate to this UAS. Thus, to to the same cyber security risks, and substantively the same as that in address the risks associated with loss of therefore require similar criteria, as § 27.602, with changes to reflect UAS control of the UAS, the applicant would manned aircraft. terminology and failure condition. be required to design the control station UAS.120 Contingency Planning: The Operating Limitations and to provide the pilot with the location of the pilot and the controls for Information: Similar to manned aircraft, information necessary for continued the UAS, separate from the UA, is a the FAA determined that the UAS safe flight and operation. The proposed unique feature to UAS. As a result, no applicant must provide airworthiness criteria contain the specific minimum regulatory airworthiness standards exist instructions, operating limitations, and types of information the FAA finds are that directly apply to this feature of the flight and performance information necessary for this requirement; however, system. necessary for the safe operation and the applicant must determine whether To address the risks associated with continued operational safety of the additional parameters are necessary. loss of communication between the UAS. UAS.110 Software: Software for pilot and the UA, and thus the pilot’s UAS.200 Flight Manual: The manned aircraft is certified under the inability to control the UA, the proposed criteria for the UAS Flight regulations applicable to systems, proposed criteria would require that the Manual are substantively the same as equipment, and installations (e.g., UAS be designed to automatically that in § 23.2620, with minor changes to §§ 23.2510, 25.1309, 27.1309, or execute a predetermined action. reflect UAS terminology. 29.1309). There are two regulations that Because the pilot needs to be aware of UAS.205 Instructions for Continued specifically prescribe airworthiness the particular predetermined action the Airworthiness: The proposed criteria for standards for software: Engine UA will take when there is a loss of the Instructions for Continued airworthiness standards (§ 33.28) and communication between the pilot and Airworthiness (ICA) are substantively propeller airworthiness standards the UA, the proposed criteria would the same as that in § 23.1529, with

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minor changes to reflect UAS UAS by inducing certain failures and proposed criteria in UAS.300 address terminology. demonstrating that the failure will not testing to demonstrate that the UAS Testing: Traditional certification result in a loss of containment or control structure adequately supports expected methodologies for manned aircraft are of the UA. The proposed criteria contain loads throughout the flight and based on design requirements verified at the minimum types of failures the FAA operational envelopes, the proposed the component level by inspection, finds are probable; however, the criteria in this section would require an analysis, demonstration, or test. Due to applicant must determine the probable evaluation of the performance, the difference in size and complexity, failures related to any other equipment maneuverability, stability, and control the FAA determined testing that will be addressed for this of the UA with a factor of safety. methodologies that demonstrate requirement. reliability at the aircraft (UAS) level, in UAS.310 Capabilities and Proposed Airworthiness Criteria addition to the design and construction Functions: The proposed criteria for this The FAA proposes to establish the criteria identified in this proposal, will section address the minimum following airworthiness criteria for type achieve the same safety objective. The capabilities and functions the FAA finds certification of the Flytrex Model FTX– proposed testing criteria in sections are necessary in the design of the UAS M600P. The FAA proposes that UAS.300 through UAS.320 utilize these and would require the applicant to compliance with the following would methodologies. demonstrate these capabilities and mitigate the risks associated with the UAS.300 Durability and Reliability: functions by test. Due to the location of proposed design and Concept of The FAA intends the proposed testing the pilot and the controls for UAS, Operations appropriately and would criteria in this section to cover key separate from the UA, communication provide an equivalent level of safety to design aspects and prevent unsafe between the pilot and the UA is existing rules: features at an appropriate level tailored significant to the design. Thus, the for this UAS. The proposed durability proposed criteria would require the General and reliability testing would require the applicant to demonstrate the capability UAS.001 Concept of Operations applicant to demonstrate safe flight of of the UAS to regain command and The applicant must define and submit the UAS across the entire operational control after a loss. As with manned to the FAA a concept of operations envelope and up to all operational aircraft, the electrical system of the UAS limitations, for all phases of flight and must have a capacity sufficient for all (CONOPS) proposal describing the all aircraft configurations. The UAS anticipated loads; the proposed criteria Unmanned Aircraft System (UAS) would only be certificated for would require the applicant to operation in the National Airspace operations within the limitations, and demonstrate this by test. System for which certification is for flight over the maximum population The proposed criteria contain requested. The CONOPS proposal must density, as demonstrated by test. The functions that would allow the pilot to include, at a minimum, a description of proposed criteria would require that all command the UA to deviate from its the following information. flights during the testing be completed flight plan or from its pre-programmed (a) The intended type of operations; with no failures that result in a loss of flight path. For example, in the event (b) Unmanned aircraft (UA) flight, loss of control, loss of the pilot needs to deconflict the specifications; containment, or emergency landing airspace, the UA must be able to (c) Meteorological conditions; outside of the operator’s recovery zone. respond to pilot inputs that override any (d) Operators, pilots, and personnel For some aircraft design requirements pre-programming. responsibilities; imposed by existing airworthiness In the event an applicant requests (e) Control station and support standards (e.g., §§ 23.2135, 23.2600, approval for certain features, such as equipment; 25.105, 25.125, 27.141, 27.173, 29.51, geo-fencing or external cargo, the (f) Command, control, and 29.177) the aircraft must not require proposed criteria contain requirements communication functions; and exceptional piloting skill or alertness. to address the associated risks. The (g) Operational parameters, such as These rules recognize that pilots have proposed criteria in this section would population density, geographic varying levels of ability and attention. In also require design of the UAS to operating boundaries, airspace classes, a similar manner, the proposed criteria safeguard against an unintended launch and recovery area, congestion of would require that the durability and discontinuation of flight or release of proposed operating area, reliability flight testing be performed by cargo, whether by human action or communications with air traffic control, a pilot with average skill and alertness. malfunction. line of sight, and aircraft separation. Flight testing will be used to UAS.315 Fatigue: The FAA intends Design and Construction determine the aircraft’s ability to the proposed criteria in this section to withstand flight loads across the range address the risks from reduced UAS.100 Control Station of operating limits and the flight structural integrity and structural failure The control station must be designed envelope. Because small UAS may be due to fatigue. The proposed criteria to provide the pilot with all information subjected to significant ground loads would require the applicant to establish required for continued safe flight and when handled, lifted, carried, loaded, an airframe life limit and demonstrate operation. This information includes, at maintained, and transported physically that loss of flight or loss of control due a minimum, the following: by hand, the proposed criteria would to structural failure will be avoided (a) Alerts, such as an alert following require that the aircraft used for testing throughout the operational life of the the loss of the command and control endure the same worst-case ground UA. These proposed criteria would (C2) link and function. loads as those the UAS will experience require the applicant to demonstrate (b) The status of all critical parameters in operation after type certification. this by test, while maintaining the UA for all energy storage systems. UAS.305 Probable Failures: The in accordance with the ICA. (c) The status of all critical parameters FAA intends the proposed testing UAS.320 Verification of Limits: This for all propulsion systems. criteria to evaluate how the UAS section would evaluate structural safety (d) Flight and navigation information functions after failures that are probable and address the risks associated with as appropriate, such as airspeed, to occur. The applicant will test the inadequate structural design. While the heading, altitude, and location.

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(e) C2 link signal strength, quality, or UAS.130 Adverse Weather Conditions program exists to ensure their status. (a) For purposes of this section, completion prior to delivery of the first UAS or issuance of a standard UAS.110 Software ‘‘adverse weather conditions’’ means rain, snow, and icing. airworthiness certificate, whichever To minimize the existence of errors, (b) Except as provided in paragraph occurs later. the applicant must: (c) of this section, the UAS must have (a) Verify by test all software that may Testing design characteristics that will allow the impact the safe operation of the UAS; UAS.300 Durability and Reliability (b) Utilize a configuration UAS to operate within the adverse management system that tracks, weather conditions specified in the The UAS must be designed to be controls, and preserves changes made to CONOPS without loss of flight or loss of durable and reliable commensurate to software throughout the entire life cycle; control. the maximum population density (c) For adverse weather conditions for and specified in the operating limitations. (c) Implement a problem reporting which the UAS is not approved to The durability and reliability must be system that captures and records defects operate, the applicant must develop demonstrated by flight test in and modifications to the software. operating limitations to prohibit flight accordance with the requirements of into known adverse weather conditions this section and completed with no UAS.115 Cyber Security and either: failures that result in a loss of flight, loss (a) UAS equipment, systems, and (1) Develop operating limitations to of control, loss of containment, or networks, addressed separately and in prevent inadvertent flight into adverse emergency landing outside the relation to other systems, must be weather conditions; or operator’s recovery area. protected from intentional unauthorized (2) Provide a means to detect any (a) Once a UAS has begun testing to electronic interactions that may result in adverse weather conditions for which show compliance with this section, all an adverse effect on the security or the UAS is not certificated to operate flights for that UA must be included in airworthiness of the UAS. Protection and show the UAS’s ability to avoid or the flight test report. must be ensured by showing that the exit those conditions. (b) Tests must include an evaluation security risks have been identified, UAS.135 Critical Parts of the entire flight envelope across all assessed, and mitigated as necessary. phases of operation and must address, at (b) When required by paragraph (a) of (a) A critical part is a part, the failure a minimum, the following: this section, procedures and of which could result in a loss of flight (1) Flight distances; instructions to ensure security or unrecoverable loss of UAS control. (2) Flight durations; (b) If the type design includes critical protections are maintained must be (3) Route complexity; parts, the applicant must establish a included in the Instructions for (4) Weight; critical parts list. The applicant must Continued Airworthiness (ICA). (5) Center of gravity; develop and define mandatory (6) Density altitude; UAS.120 Contingency Planning maintenance instructions or life limits, (7) Outside air temperature; (a) The UAS must be designed so that, or a combination of both, to prevent (8) Airspeed; in the event of a loss of the C2 link, the failures of critical parts. Each of these (9) Wind; UA will automatically and immediately mandatory actions must be included in (10) Weather; execute a safe predetermined flight, the Airworthiness Limitations Section (11) Operation at night, if requested; loiter, landing, or termination. of the ICA. (12) Energy storage system capacity; (b) The applicant must establish the Operating Limitations and Information and predetermined action in the event of a (13) Aircraft to pilot ratio. loss of the C2 link and include it in the UAS.200 Flight Manual (c) Tests must include the most UAS Flight Manual. The applicant must provide a UAS adverse combinations of the conditions (c) The UAS Flight Manual must Flight Manual with each UAS. and configurations in paragraph (b) of include the minimum performance (a) The UAS Flight Manual must this section. requirements for the C2 data link contain the following information: (d) Tests must show a distribution of defining when the C2 link is degraded (1) UAS operating limitations; the different flight profiles and routes to a level where remote active control of (2) UAS normal and emergency representative of the type of operations the UA is no longer ensured. Takeoff operating procedures; identified in the CONOPS. when the C2 link is degraded below the (3) Performance information; (e) Tests must be conducted in minimum link performance (4) Loading information; and conditions consistent with the expected requirements must be prevented by (5) Other information that is necessary environmental conditions identified in design or prohibited by an operating for safe operation because of design, the CONOPS, including electromagnetic limitation in the UAS Flight Manual. operating, or handling characteristics. interference (EMI) and High Intensity (b) Those portions of the UAS Flight Radiated Fields (HIRF). UAS.125 Lightning Manual containing the information (f) Tests must not require exceptional (a) Except as provided in paragraph specified in paragraphs (a)(1) through piloting skill or alertness. (b) of this section, the UAS must have (4) of this section must be approved by (g) Any UAS used for testing must be design characteristics that will protect the FAA. subject to the same worst-case ground the UAS from loss of flight or loss of handling, shipping, and transportation control due to lightning. UAS.205 Instructions for Continued loads as those allowed in service. (b) If the UAS has not been shown to Airworthiness (h) Any UAS used for testing must be protect against lightning, the UAS Flight The applicant must prepare ICA for maintained and operated in accordance Manual must include an operating the UAS in accordance with Appendix with the ICA and UAS Flight Manual. limitation to prohibit flight into weather A to Part 23, as appropriate, that are No maintenance beyond the intervals conditions conducive to lightning acceptable to the FAA. The ICA may be established in the ICA will be allowed activity. incomplete at type certification if a to show compliance with this section.

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(i) If cargo operations or external-load discontinuation of the flight and 11.43 and 11.45, by any of the following operations are requested, tests must inadvertent release of cargo or external- methods: show, throughout the flight envelope load. • Federal eRulemaking Portal: Go to and with the cargo or external-load at https://www.regulations.gov. Follow the UAS.315 Fatigue the most critical combinations of weight instructions for submitting comments. and center of gravity, that— The structure of the UA must be • Fax: 202–493–2251. (1) the UA is safely controllable and shown to be able to withstand the • Mail: U.S. Department of maneuverable; and repeated loads expected during its Transportation, Docket Operations, M– (2) the cargo or external-load are service life without failure. A life limit 30, West Building Ground Floor, Room retainable and transportable. for the airframe must be established, W12 140, 1200 New Jersey Avenue SE, demonstrated by test, and included in UAS.305 Probable Failures Washington, DC 20590. the ICA. • Hand Delivery: Deliver to Mail The UAS must be designed such that UAS.320 Verification of Limits address above between 9 a.m. and 5 a probable failure will not result in a p.m., Monday through Friday, except loss of containment or control of the The performance, maneuverability, Federal holidays. UA. This must be demonstrated by test. stability, and control of the UA within • For service information identified (a) Probable failures related to the the flight envelope described in the in this NPRM, contact Pilatus Aircraft following equipment, at a minimum, UAS Flight Manual must be Ltd., CH–6371 Stans, Switzerland; must be addressed. demonstrated at a minimum of 5% over telephone: +41 848 24 7 365; email: (1) Propulsion systems; maximum gross weight with no loss of [email protected]; (2) C2 link; control or loss of flight. internet: https://www.pilatus- (3) Global Positioning System (GPS); Issued in Kansas City, Missouri, on aircraft.com/. You may view this service (4) Critical flight control components November 16, 2020. information at the FAA, Airworthiness with a single point of failure; Patrick R. Mullen, Products Section, Operational Safety (5) Control station; and Branch, 901 Locust, Kansas City, MO (6) Any other equipment identified by Manager, Small Airplane Standards Branch, Policy and Innovation Division, Aircraft 64106. For information on the the applicant. Certification Service. availability of this material at the FAA, (b) Any UAS used for testing must be [FR Doc. 2020–25659 Filed 11–20–20; 8:45 am] call 816–329–4148. It is also available operated in accordance with the UAS BILLING CODE 4910–13–P on the internet at https:// Flight Manual. www.regulations.gov by searching for (c) Each test must occur at the critical and locating Docket No. FAA–2020– phase and mode of flight, and at the DEPARTMENT OF TRANSPORTATION 0885. highest aircraft-to-pilot ratio. Examining the AD Docket UAS.310 Capabilities and Functions Federal Aviation Administration You may examine the AD docket on (a) All of the following required UAS 14 CFR Part 39 the internet at https:// capabilities and functions must be [Docket No. FAA–2020–0885; Project www.regulations.gov by searching for demonstrated by test: and locating Docket No. FAA–2020– (1) Capability to regain command and Identifier MCAI–2020–00997–A] 0885; or in person at Docket Operations control of the UA after the C2 link has RIN 2120–AA64 between 9 a.m. and 5 p.m., Monday been lost. through Friday, except Federal holidays. (2) Capability of the electrical system Airworthiness Directives; Pilatus The AD docket contains this NPRM, the to power all UA systems and payloads. Aircraft Ltd. Airplanes MCAI, any comments received, and (3) Ability for the pilot to safely AGENCY: other information. The street address for discontinue the flight. Federal Aviation Docket Operations is listed above. (4) Ability for the pilot to dynamically Administration (FAA), DOT. Comments will be available in the AD re-route the UA. ACTION: Notice of proposed rulemaking docket shortly after receipt. (5) Ability to safely abort a takeoff. (NPRM). (6) Ability to safely abort a landing FOR FURTHER INFORMATION CONTACT: SUMMARY: The FAA proposes to adopt a and initiate a go-around. Doug Rudolph, Aerospace Engineer, new airworthiness directive (AD) for (b) The following UAS capabilities FAA, General Aviation & Rotorcraft certain Pilatus Aircraft Ltd. (Pilatus) and functions, if requested for approval, Section, International Validation Model PC–24 airplanes. This proposed must be demonstrated by test: Branch, 901 Locust, Room 301, Kansas AD results from mandatory continuing (1) Continued flight after degradation City, Missouri 64106; telephone: (816) airworthiness information (MCAI) of the propulsion system. 329–4059; fax: (816) 329–4090; email: (2) Geo-fencing that contains the UA originated by an aviation authority of [email protected]. another country to identify and correct within a designated area, in all SUPPLEMENTARY INFORMATION: operating conditions. an unsafe condition on an aviation Comments Invited (3) Positive transfer of the UA product. The MCAI identifies the unsafe between control stations that ensures condition as improperly manufactured The FAA invites you to send any only one control station can control the cockpit and cabin evaporator filters written relevant data, views, or UA at a time. installed during production on some arguments about this proposal. Send (4) Capability to release an external PC–24 airplanes. The FAA is proposing your comments to an address listed cargo load to prevent loss of control of this AD to address the unsafe condition under ADDRESSES. Include ‘‘Docket No. the UA. on these products. FAA–2020–0885; Project Identifier (5) Capability to detect and avoid DATES: The FAA must receive comments MCAI–2020–00997–A’’ at the beginning other aircraft and obstacles. on this proposed AD by January 7, 2021. of your comments. The most helpful (c) The UAS must be designed to ADDRESSES: You may send comments, comments reference a specific portion of safeguard against inadvertent using the procedures found in 14 CFR the proposal, explain the reason for any

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recommended change, and include smoke in the cockpit/cabin in case of unknown. Pilatus advises that the supporting data. The FAA will consider electrical heater over-temperature. defective filters can only be identified all comments received by the closing To address this potential unsafe condition, by their packing documents, as they do Pilatus issued the [service bulletin] SB to date and may amend this proposal provide replacement instructions. not have a permanent P/N marked on because of those comments. For the reason described above, this AD the actual part. The new filters in the Except for Confidential Business requires replacement of affected parts with modification kit do have a permanent Information (CBI) as described in the serviceable parts, as defined in this [EASA] marking on the frame of the actual part. following paragraph, and other AD, and prohibits (re) installation of affected information as described in 14 CFR parts. Costs of Compliance 11.35, the FAA will post all comments Due to a quality escape, the fire The FAA estimates that this AD, if received, without change, to https:// retardant used in the original filters adopted as proposed, would affect 36 www.regulations.gov, including any installed in production is not sufficient airplanes of U.S. registry. The FAA also personal information you provide. The for the conditions in this configuration, estimates that it would take 2.5 work- agency will also post a report which is close to the heater and hours per product to comply with the summarizing each substantive verbal blowers. requirements of this proposed AD. The contact received about this NPRM. You may obtain further information average labor rate is $85 per work-hour. Required parts would cost about $575 Confidential Business Information by examining the MCAI in the AD docket on the internet at https:// per product, if all 4 filters would need CBI is commercial or financial www.regulations.gov by searching for to be replaced. information that is both customarily and and locating Docket No. FAA–2020– Based on these figures, the FAA actually treated as private by its owner. 0885. estimates the cost of this proposed AD Under the Freedom of Information Act on U.S. operators to be $28,350, or (FOIA) (5 U.S.C. 552), CBI is exempt Related Service Information Under 1 $787.50 per product. from public disclosure. If your CFR Part 51 The FAA has included all costs in this comments responsive to this NPRM The FAA reviewed Pilatus PC–24 cost estimate. According to the contain commercial or financial Service Bulletin No. 21–006, dated manufacturer, however, some of the information that is customarily treated April 3, 2020. The service information costs of this proposed AD may be as private, that you actually treat as specifies procedures to replace the covered under warranty, thereby private, and that is relevant or cockpit and cabin evaporator filters with reducing the cost impact on affected responsive to this NPRM, it is important new filters contained in a modification operators. kit. This service information is that you clearly designate the submitted Authority for This Rulemaking comments as CBI. Please mark each reasonably available because the page of your submission containing CBI interested parties have access to it Title 49 of the United States Code as ‘‘PROPIN.’’ The FAA will treat such through their normal course of business specifies the FAA’s authority to issue marked submissions as confidential or by the means identified in the rules on aviation safety. Subtitle I, under the FOIA, and they will not be ADDRESSES section. section 106, describes the authority of placed in the public docket of this the FAA Administrator. Subtitle VII: FAA’s Determination and Requirements Aviation Programs, describes in more NPRM. Submissions containing CBI of the Proposed AD should be sent to Doug Rudolph, detail the scope of the Agency’s Aerospace Engineer, FAA, General This product has been approved by authority. Aviation & Rotorcraft Section, the aviation authority of another The FAA is issuing this rulemaking International Validation Branch, 901 country and is approved for operation in under the authority described in Locust, Room 301, Kansas City, the United States. Pursuant to our Subtitle VII, Part A, Subpart III, Section Missouri 64106; telephone: (816) 329– bilateral agreement with this State of 44701: General requirements. Under 4059; fax: (816) 329–4090; email: Design Authority, it has notified the that section, Congress charges the FAA [email protected]. Any FAA of the unsafe condition described with promoting safe flight of civil commentary that the FAA receives in the MCAI and service information aircraft in air commerce by prescribing which is not specifically designated as referenced above. The FAA is proposing regulations for practices, methods, and CBI will be placed in the public docket this AD because the FAA determined procedures the Administrator finds for this rulemaking. the unsafe condition exists and is likely necessary for safety in air commerce. to exist or develop on other products of This regulation is within the scope of Background the same type design. that authority because it addresses an The European Union Aviation Safety Differences Between This Proposed AD unsafe condition that is likely to exist or Agency (EASA), which is the Technical and the MCAI develop on products identified in this Agent for the Member States of the rulemaking action. This proposed AD would apply to European Community, has issued EASA Regulatory Findings AD 2020–0160, dated July 16, 2020 airplanes with a defective filter (referred to after this as ‘‘the MCAI’’), to installed, whereas the EASA AD applies The FAA determined that this address the unsafe condition on Pilatus to airplanes that do not have the proposed AD would not have federalism Model PC–24 airplanes. The MCAI modification kit, which was installed in implications under Executive Order states: production. The proposed AD identifies 13132. This proposed AD would not the individual part numbers (P/Ns) of have a substantial direct effect on the An occurrence was reported where, during the defective filters to address any States, on the relationship between the production, cockpit and cabin evaporator airplanes that may have had a national Government and the States, or filters were installed on some PC–24 aeroplanes, which were not the proper parts modification kit filter replaced with a on the distribution of power and for the affected configuration. defective filter in the field before this responsibilities among the various This condition, if not corrected, could proposed AD becomes effective. The levels of government. degrade the fire retardant properties of the proposed AD would also apply to For the reasons discussed above, I filters, possibly resulting in an increase in airplanes with a filter where the P/N is certify this proposed regulation:

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(1) Is not a ‘‘significant regulatory § 39.13 [Amended] Note: The P/N in parenthesis is an action’’ under Executive Order 12866, ■ 2. The FAA amends § 39.13 by adding alternative vendor P/N. (2) Will not affect intrastate aviation the following new airworthiness (d) Subject directive: in Alaska, and Joint Aircraft System Component (JASC) (3) Will not have a significant Pilatus Aircraft Ltd.: Docket No. FAA–2020– Code 2100, AIR CONDITIONING SYSTEM. economic impact, positive or negative, 0885; Project Identifier MCAI–2020– (e) Unsafe Condition on a substantial number of small entities 00997–A. under the criteria of the Regulatory (a) Comments Due Date This AD was prompted by a reported Flexibility Act. occurrence where, during production, The FAA must receive comments on this cockpit and cabin evaporator filters produced airworthiness directive (AD) by January 7, with degraded fire retardant properties were List of Subjects in 14 CFR Part 39 2021. installed on some Model PC–24 airplanes. Air transportation, Aircraft, Aviation (b) Affected ADs The FAA is issuing this AD to detect safety, Incorporation by reference, None. improper cockpit and cabin evaporator filters Safety. installed on Model PC–24 airplanes. The (c) Applicability unsafe condition, if not addressed, could The Proposed Amendment This AD applies to Pilatus Aircraft Ltd. result in filters with degraded fire retardant PC–24 airplanes, all serial numbers, properties, resulting in smoke in the cockpit Accordingly, under the authority certificated in any category, with any of the and cabin in the event of electrical heater delegated to me by the Administrator, following evaporator filter assemblies over-temperature. the FAA proposes to amend 14 CFR part installed, or if the part number (P/N) of the (f) Actions and Compliance 39 as follows: evaporator filter assembly is unknown: (1) Cockpit filter assembly P/N (1) Within 4 months after the effective date PART 39—AIRWORTHINESS 959.90.20.291 (PC24EC–6068–1); of this AD, unless already done, remove each DIRECTIVES (2) Cabin front filter assembly P/N filter assembly from service and replace with 959.90.20.290 (PC24EC–6287–1); a filter assembly as specified in table 1 to ■ 1. The authority citation for part 39 (3) Cabin bottom filter assembly P/N paragraph (f)(1) of this AD by following the 959.90.20.288 (PC24EC–6288–1); or Accomplishment Instructions, sections 3A. continues to read as follows: (4) Cabin top filter assembly P/N through 3C., of Pilatus PC–24 Service Authority: 49 U.S.C. 106(g), 40113, 44701. 959.90.20.289 (PC24EC–6297–1). Bulletin No. 21–006, dated April 3, 2020.

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(2) As of the effective date of this AD, do SUMMARY: The National Oceanic and expand the sanctuary to include not install an evaporator filter assembly with Atmospheric Administration (NOAA) portions of 14 additional reefs and a P/N listed in paragraph (c) of this AD on Office of National Marine Sanctuaries is banks in the northwestern Gulf of any airplane. providing the public with an Mexico, representing a 104 square mile (g) Alternative Methods of Compliance opportunity to comment on NOAA’s increase in area. The existing FGBNMS (AMOCs) Regulatory Impact Review (RIR), a regulations would be applied to the The Manager, General Aviation & supporting document to the Notice of expanded locations. The proposed rule Rotorcraft Section, International Validation Proposed Rulemaking (NPRM) for the allowed for a 60-day public comment Branch, FAA, has the authority to approve expansion of the Flower Garden Banks period, which ended on July 3, 2020. AMOCs for this AD, if requested using the National Marine Sanctuary (FGBNMS). On November 13, 2020, NOAA procedures found in 14 CFR 39.19. Send While NOAA summarized the RIR in discovered that, due to an oversight, the information to ATTN: Doug Rudolph, Regulatory Impact Review (RIR) for the Aerospace Engineer, FAA, General Aviation the proposed rule for this action, due to & Rotorcraft Section, International Validation an oversight, the RIR was not included proposed rule was not posted for public Branch, 901 Locust, Room 301, Kansas City, as a supporting document when the comment with the rule. The RIR was Missouri 64106; telephone: (816) 329–4059; NPRM was published. The comment subsequently posted on regulations.gov fax: (816) 329–4090; email: doug.rudolph@ period for the NPRM that was published on November 16, 2020. The RIR, which faa.gov. Before using any approved AMOC, on May 1, 2020 closed on July 3, 2020. was prepared by BOEM in consultation notify your appropriate principal inspector, With this notice, NOAA will only with NOAA in accordance with or lacking a principal inspector, the manager accept comments on the RIR, and any Executive Order 13795—Implementing of the local flight standards district office/ an America First Offshore Energy certificate holding district office. other comments on the proposed expansion will not be considered. Strategy, analyzed the impact of the (h) Related Information DATES: Send comments on or before proposed sanctuary expansion on Refer to European Union Aviation Safety December 8, 2020. offshore energy resources in the Agency (EASA) AD No. 2020–0160, dated ADDRESSES: You may submit comments northwestern Gulf of Mexico. The RIR July 16, 2020, for more information. You may on this document, identified by NOAA– clarifies the extent of oil and gas examine the EASA AD in the AD docket on development potential within the the internet at https://www.regulations.gov NOS–2019–0033, by: • Electronic Submission: Submit all proposed sanctuary boundaries and by searching for and locating it in Docket No. supports the assessment that NOAA’s FAA–2020–0885. For service information electronic public comments via the identified in this AD, contact Pilatus Aircraft Federal e-Rulemaking Portal. Go to proposed action would not have a Ltd., CH–6371 Stans, Switzerland; telephone: http://www.regulations.gov/ significant negative economic impact on +41 848 24 7 365; email: techsupport.ch@ #!docketDetail;D=NOAA-NOS-2019- Outer Continental Shelf oil and gas pilatus-aircraft.com; internet: https:// 0033, click the ‘‘Comment Now!’’ icon, development in the Gulf of Mexico. www.pilatus-aircraft.com/. You may review complete the required fields, and enter To allow the public the opportunity to this referenced service information at the or attach your comments. meaningfully comment on the RIR, FAA, Airworthiness Products Section, Instructions: Comments sent by any NOAA is reopening the comment period Operational Safety Branch, 901 Locust, for 15 days. Any new comments should Kansas City, Missouri 64106. For information other method, to any other address or individual, or received after the end of be limited to the RIR’s content, and any on the availability of this material at the new comments not related to the RIR FAA, call (816) 329–4148. the comment period, may not be considered by NOAA. Comments will not be considered. Issued on November 13, 2020. received electronically, including all Lance T. Gant, John Armor attachments, must not exceed a 25- Director, Office of National Marine Director, Compliance & Airworthiness megabyte file size. Attachments to Division, Aircraft Certification Service. Sanctuaries, National Ocean Service, electronic comments will be accepted in National Oceanic and Atmospheric [FR Doc. 2020–25545 Filed 11–20–20; 8:45 am] Microsoft Word or Excel or Adobe PDF Administration. BILLING CODE 4910–13–P file formats only. All comments [FR Doc. 2020–25838 Filed 11–20–20; 8:45 am] received are part of the public record BILLING CODE 3510–NK–P and will generally be posted for public DEPARTMENT OF COMMERCE viewing on www.regulations.gov without change. All personal identifying National Oceanic and Atmospheric DEPARTMENT OF HOUSING AND information (e.g., name, address), URBAN DEVELOPMENT Administration confidential business information, or otherwise sensitive information 24 CFR Parts 201, 203, and 206 15 CFR Part 922 submitted voluntarily by the sender will [Docket No. FR–6084–P–01] [Docket No. 201118–0306] be publicly accessible. FOR FURTHER INFORMATION CONTACT: RIN 2502–AJ43 Reopening of Public Comment Period George P. Schmahl, Superintendent, for the Regulatory Impact Review on Flower Garden Banks National Marine Acceptance of Private Flood Insurance the Proposed Expansion of Flower Sanctuary, 4700 Avenue U, Building for FHA-Insured Mortgages Garden Banks National Marine 216, Galveston, Texas, at 409–356–0383, AGENCY: Office of the Assistant Sanctuary or [email protected]. Secretary for Housing—Federal Housing AGENCY: Office of National Marine SUPPLEMENTARY INFORMATION: Commissioner, HUD. Sanctuaries (ONMS), National Ocean Background ACTION: Proposed rule. Service (NOS), National Oceanic and Atmospheric Administration (NOAA), On May 1, 2020, NOAA published a SUMMARY: This proposed rule would Department of Commerce (DOC). notice of proposed rulemaking to amend Federal Housing Administration expand Flower Garden Banks National (FHA) regulations to allow mortgagors ACTION: Proposed rule; reopening of Marine Sanctuary (85 FR 25359). The the option to purchase private flood public comment period. purpose of the proposed action is to insurance on FHA-insured mortgages for

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properties located in Special Flood address. Due to security measures at the adoption of floodplain management Hazard Areas (SFHAs), in satisfaction of HUD Headquarters building, you must ordinances. the mandatory purchase requirement of schedule an appointment in advance to Until the adoption of the FDPA in the Flood Disaster Protection Act of review the public comments by calling 1973, the purchase of flood insurance 1973 (the FDPA). The FDPA, as the Regulations Division at 202–708– was voluntary. Section 102 of the FDPA amended, requires the owner of a 3055 (this is not a toll-free number). made the purchase of flood insurance property mapped in a SFHA, and Individuals with speech or hearing mandatory, providing that no federal located in a community participating in impairments may access this number officer or agency may approve any the National Flood Insurance Program, via TTY by calling the toll-free Federal financial assistance for acquisition or to purchase flood insurance as a Relay Service at 800–877–8339. Copies construction 3 in any area identified as condition of receiving a mortgage of all comments submitted are available having SFHAs and in which the sale of backed by the GSEs, VA, USDA, or for inspection and downloading at flood insurance has been made available FHA. www.regulations.gov. under the 1968 Act, unless the building DATES: Comment due date: January 22, or mobile home and any personal FOR FURTHER INFORMATION CONTACT: 2021. property is covered by flood insurance. Elissa Saunders, Director, Office of Under the FDPA, flood insurance must ADDRESSES: Interested persons are Single Family Program Development, be in an amount at least equal to the invited to submit comments regarding Office of Housing, Department of outstanding principal balance of the this proposed rule to the Regulations Housing and Urban Development, 451 loan or to the maximum limit of Division, Office of General Counsel, 7th Street SW, Room 9184, Washington, coverage made available under the 1968 Department of Housing and Urban DC 20410–8000; telephone number 202– Act, whichever is less, and the coverage Development, 451 7th Street SW, Room 708–2121. The telephone numbers need not extend beyond the term of the 10276, Washington, DC 20410–0500. listed above are not toll-free numbers. loan. Communications must refer to the above Persons with hearing or speech The National Flood Insurance Reform docket number and title. There are two impairments may access these numbers Act of 1994 4 (Reform Act) methods for submitting public through TTY by calling the toll-free comprehensively amended the Federal comments. All submissions must refer Federal Relay Service at 800–877–8339. flood insurance statutes. The purpose of to the above docket number and title. the Reform Act was to increase 1. Submission of Comments by Mail. SUPPLEMENTARY INFORMATION: Comments may be submitted by mail to compliance with flood insurance the Regulations Division, Office of I. Background requirements and participation in the NFIP to provide additional income to General Counsel, Department of The National Flood Insurance Act of Housing and Urban Development, 451 the National Flood Insurance Fund and 1968 (the 1968 Act) and the FDPA, as to decrease the financial burden of 7th Street SW, Room 10276, amended, govern the National Flood Washington, DC 20410–0500. flooding on the Federal government, Insurance Program (NFIP).1 The 1968 5 2. Electronic Submission of taxpayers, and flood victims. Among Act makes federally backed flood Comments. Interested persons may other changes, the Reform Act requires insurance available to owners of submit comments electronically through that the federal entities for lending improved real estate or manufactured 6 the Federal eRulemaking Portal at regulation revise their flood insurance homes located in special flood hazard www.regulations.gov. HUD strongly regulations and brings lenders regulated areas (SFHAs) if their community encourages commenters to submit by the Farm Credit Administration participates in the NFIP. A SFHA is an comments electronically. Electronic under the 1968 Act. The Reform Act area within a floodplain having a one submission of comments allows the also applies the flood insurance percent or greater chance of flood commenter maximum time to prepare requirements directly to loans occurrence in any given year. SFHAs are and submit a comment, ensures timely purchased by the Federal National receipt by HUD, and enables HUD to delineated on maps issued by the Mortgage Association (Fannie Mae) and Federal Emergency Management Agency the Federal Home Loan Mortgage make them immediately available to the 2 public. Comments submitted (FEMA) for individual communities. A Corporation (Freddie Mac) (or electronically through the community establishes its eligibility to collectively, the government sponsored www.regulations.gov website can be participate in the NFIP by adopting and enterprises or GSEs) and to Federal 7 viewed by other commenters and enforcing floodplain management agency lenders, including FHA in interested members of the public. measures that regulate new construction limited circumstances, that make direct Commenters should follow the and by making substantial loans secured by real property or mobile 8 instructions provided on that site to improvements within its SFHAs to homes in a SFHA. Under the Reform submit comments electronically. eliminate or minimize future flood 3 Note: To receive consideration as damage. The NFIP thus combines the Defined at 42 U.S.C. 4003(a)(4). concepts of hazard mitigation and 4 Title V of the Riegle Community Development public comments, comments must be and Regulatory Improvement Act of 1994, Public submitted through one of the two insurance protection. By conditioning Law 103–325 (1994). methods specified above. Again, all access to insurance on communities’ 5 H.R. Conf. Rep. No. 652, 103d Cong. 2d Sess. submissions must refer to the docket adoption of floodplain management 195 (1994). (Conference Report). number and title of the rule. ordinances to mitigate the effects of 6 The federal financial regulatory agencies are the flooding on new and existing Office of the Comptroller of the Currency, the No Facsimile Comments. Facsimile Federal Deposit Insurance Corporation, the National (fax) comments are not acceptable. construction, the NFIP incentivizes Credit Union Administration, the Board of Public Inspection of Public Governors of the Federal Reserve System, and the Comments. HUD will make all properly 1 See Public Law 90–448 (1968); Public Law 93– Farm Credit Administration. submitted comments and 234 (1973). These statutes are codified at 42 U.S.C. 7 Defined at 42 U.S.C. 4003(a)(7). 4001 et seq. 8 These include: FHA, the Government National communications available for public 2 FEMA administers the NFIP; its regulations Mortgage Association (GNMA), the Small Business inspection and copying between 8 a.m. implementing the NFIP appear at 44 CFR parts 59– Administration (SBA), and the Department of and 5 p.m. weekdays at the above 77. Continued

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Act, the owner of a property located in flood insurance as an option to satisfy commercial property, is recognized, or a community participating in the NFIP, the mandatory purchase requirement not disapproved, as a surplus lines and mapped in a SFHA, must purchase under the FDPA. Instead, the FHA insurer by the insurance regulator of the flood insurance as a condition of requires owners to obtain and maintain State or jurisdiction where the property receiving a mortgage backed by the NFIP flood insurance during such a time to be insured is located; GSEs, VA, USDA, or FHA. as the mortgage is insured, to the extent 2. Provides flood insurance coverage The Biggert-Waters Insurance Reform that NFIP insurance is available. that is at least as broad as the coverage Act of 2012 (Biggert-Waters Act) further provided under a standard flood II. This Proposed Rule amended the Federal flood insurance insurance policy under the NFIP, statutes to encourage private-sector HUD is proposing to amend FHA including when considering participation. The Biggert-Waters Act regulations at 24 CFR parts 201, 203, deductibles, exclusions, and conditions requires the Federal entities for lending and 206, to allow owners the option to offered by the insurer; regulation (the Federal Reserve Board purchase private flood insurance on 3. Includes a requirement for the (FRB), the Federal Deposit Insurance FHA-insured mortgages for properties insurer to give written notice 45 days Corporation (FDIC), the Office of the located in SFHAs, consistent with the before cancellation or non-renewal of Comptroller of the Currency (OCC), the FDPA and in harmony with private flood insurance coverage to the insured National Credit Union Administration flood insurance requirements under the and the mortgagee or FHA, in cases (NCUA), and the Farm Credit Biggert-Waters Act. In the event of a where the lender has assigned the loan Administration (FCA))), collectively, lapse in the NFIP, the option of private to FHA in exchange for claim payment. Federal regulators) to direct lenders to flood insurance may reduce the 4. Includes information about the accept private flood insurance to satisfy likelihood of delays in the processing of availability of flood insurance coverage the mandatory purchase requirement, new originations. Acceptance of private under the NFIP; instead of NFIP insurance, if the private flood insurance policies would 5. Includes a mortgage interest clause flood insurance meets the conditions additionally benefit borrowers who similar to the clause contained in a defined further in the statute at 42 want FHA-insured mortgages, by standard flood insurance policy under U.S.C. 4012a(b)(7). In addition, the providing them consumer choice, the NFIP; Biggert-Waters Act also requires federal including the opportunity to obtain 6. Includes a provision requiring an agency lenders and government- private flood insurance policies that insured to file suit not later than one sponsored enterprises for housing to may be more affordable than NFIP year after the date of a written denial for accept private flood insurance, as policies. all or part of a claim under the policy; defined by the statute. The Biggert- Overall, this proposed rule would and Waters Act also mandates that federally promote consistency with industry 7. Contains cancellation provisions regulated lenders, federal agency standards and reduce the regulatory that are as restrictive as the provisions lenders, and lenders who sell to or restrictions on flood insurance for FHA- contained in a standard flood insurance service loans on behalf of the GSEs must insured loans. HUD believes that this policy under the NFIP. provide borrowers a notice encouraging proposed rule would harmonize FHA This definition would ensure that them to consider and compare private policies with the Congressional intent to private insurers can satisfy claims and market flood insurance policies with encourage an expanded private flood that private flood insurance coverage is NFIP policies and must accept such insurance market, as expressed in the at least as broad as the coverage private flood insurance policies that Biggert-Waters Act. Accordingly, HUD provided under the NFIP. meet the definition of ‘‘private flood is proposing to revise FHA regulations HUD welcomes feedback from the insurance’’ in the Biggert Waters Act as to permit mortgagors and mortgagees of public regarding acceptance of private satisfaction of mandatory purchase and single-family properties and other flood insurance policies. Specifically, flood insurance coverage requirements insured property to obtain private flood HUD is seeking public comment under the FDPA.9 Additionally, under insurance on properties that secure FHA regarding whether FHA regulations the Biggert-Waters Act, the Federal mortgages and are required to have should state that a Mortgagee may regulators, Federal Housing Finance flood insurance under the FDPA, as a accept a qualifying private flood Agency, Federal agency lenders, and private-sector alternative to NFIP flood insurance policy in lieu of an NFIP GSEs may require lenders to verify that insurance. policy or that a Mortgagee must accept insurers meet specific independent Specifically, HUD is proposing to a qualifying private flood insurance rating agency criteria relating to the revise 24 CFR 203.16a to include the policy in lieu of an NFIP policy. HUD financial solvency, strength, or claims- definition of ‘‘private flood insurance’’ recognizes the value of consistency paying ability that indicate the insurers specified in section 100239 of the across the housing market with respect can satisfy claims.10 On February 20, Biggert-Waters Act, which added a new to flood insurance and of allowing FHA 2019 (84 FR 4953), the Federal section 102(b)(7) to the FDPA. This borrowers to select their preferred flood regulators jointly issued a Final Rule proposed rule would define ‘‘private insurance policy, where required. implementing the private flood flood insurance’’ similar to the statutory However, HUD also recognizes that insurance provisions of the Biggert- definition, to mean an insurance policy mortgagees have industry experience Waters Act. that: with different insurance providers and a FHA’s currently codified rules 1. Is issued by an insurance company responsibility for ensuring adequate regarding the requirement to maintain that is licensed, admitted, or otherwise insurance coverage is maintained. flood insurance coverage on property approved to engage in the business of A mortgagee may maintain more flood located in a SFHA do not permit private insurance in the State or jurisdiction in insurance than required by § 203.16a to which the property to be insured is protect the security interest in the Veterans Affairs (VA), and to the loans purchased located, by the insurance regulator of mortgaged property. by the Federal National Mortgage Association the State or jurisdiction; or, in the case HUD is proposing to include a (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). of a policy of difference in conditions, compliance aid provision in § 203.16a to 9 See Public Law 112–141 (2012). multiple peril, all risk, or other blanket help mortgagees evaluate whether a 10 See 42 U.S.C. 4012a(b)(5). coverage insuring nonresidential flood insurance policy meets the

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definition of ‘‘private flood insurance.’’ private flood insurance policy as laid relevant, feasible, and consistent with This compliance aid will allow a out in this rule. HUD’s requirements for regulatory objectives, and to the extent mortgagee to conclude that a policy FHA-insured mortgages may differ or permitted by law, agencies are to meets the definition of ‘‘private flood exceed requirements by the Federal identify and consider regulatory insurance’’ without further review of the regulators on a number of issues, where approaches that reduce burdens and policy if the policy, or an endorsement appropriate, to best serve FHA maintain flexibility and freedom of to the policy, states: ‘‘This policy meets borrowers and protect FHA’s Mutual choice for the public. the definition of private flood insurance Mortgage Insurance Fund. Due to the HUD has examined the economic, contained in 24 CFR 203.16a(e) for differences between HUD and the budgetary, legal and policy implication FHA-insured mortgages.’’ This Federal regulators’ rules, compliance of this action and has determined that compliance aid will address concerns with the Federal regulators’ Final Rule this proposed rule is a significant that a mortgagee, especially small should not be interpreted as compliance regulatory action under section 3(f) of mortgagees with a lack of technical with HUD’s requirements. A private Executive Order 12866 (but not an expertise regarding flood insurance flood insurance provider can include economically significant action). policies, could have difficulty both the Federal regulators’ compliance Executive Order 13771 evaluating whether a flood insurance aid and the HUD/FHA compliance aid policy meets the definition of ‘‘private on a policy to assert that the policy Executive Order 13771, entitled flood insurance.’’ If a policy includes meets the definition and fulfills the ‘‘Reducing Regulation and Controlling this statement, the mortgagee may rely requirements of both the Federal Regulatory Costs,’’ was issued on on the statement and would not need to regulators and HUD. This would January 30, 2017. Section 2(a) of review the policy to determine whether facilitate Mortgagees’ review of a private Executive Order 13771 requires an Agency, unless prohibited by law, to it meets the definition of ‘‘private flood flood insurance policy, to ensure that it identify at least two existing regulations insurance.’’ However, the mortgagee is in compliance with HUD’s to be repealed when the Agency could choose not to rely on this regulations. HUD welcomes feedback publicly proposes for notice and statement and instead make its own from the public on this proposed comment or otherwise promulgates a determination. This provision does not compliance aid. Specifically, HUD is new regulation. In furtherance of this relieve a mortgagee of the requirement seeking public comment on the requirement, section 2(c) of Executive to accept a policy that both meets the language and option for the proposed Order 13771 requires that the new definition of ‘‘private flood insurance’’ HUD compliance aid for private flood incremental costs associated with new and fulfills the flood insurance coverage insurance policies to demonstrate regulations shall, to the extent permitted requirement, even if the policy does not compliance with HUD’s definition and by law, be offset by the elimination of include the statement. In other words, requirements for private flood existing costs associated with at least this provision does not permit insurance. mortgagees to reject policies solely Finally, HUD is proposing to amend two prior regulations. This proposed because they are not accompanied by 24 CFR 201.28(a) (Property rule is expected to be an E.O. 13771 the statement. Mortgagees that are Improvement and Manufactured Home deregulatory action. Details on the regulated lending institutions may seek Loans), 203.343(b) (Single Family estimated cost savings of this proposed additional compliance aids on the Mortgage Insurance), 206.45(c) (Home rule can be found in the rule’s economic policy. Equity Conversion Mortgage Insurance), analysis. HUD’s proposed compliance aid and 206.134(b) (Home Equity Regulatory Flexibility Act differs from the compliance aid Conversion Mortgage Insurance) to provided by the Federal regulators’ The Regulatory Flexibility Act (RFA) permit borrowers to obtain private flood (5 U.S.C. 601 et seq.) generally requires Final Rule implementing the private insurance on certain other types of flood insurance provisions of the an agency to conduct a regulatory mortgages that are required to have flexibility analysis of any rule subject to Biggert-Waters Act published at 84 FR flood insurance under the FDPA. HUD 4953 on February 20, 2019. Because the notice and comment rulemaking is proposing to define private flood requirements, unless the agency certifies Federal regulators are bound by the insurance in these sections by cross- Biggert-Waters Act, their compliance aid that the rule will not have a significant reference to the definition in 203.16a. explicitly references 42 CFR 4012a(b)(7). economic impact on a substantial Except in limited circumstances when III. Findings and Certifications number of small entities. Initially, supervised mortgagees are among FHA- acting as a Federal agency lender, FHA Executive Order 12866 and Executive was not included in the Biggert-Waters approved lenders. These mortgagees are Order 13563 legislation, and is not governed by the supervised by the Federal regulators. associated regulations; instead, the HUD Under Executive Order 12866 Based on the analysis developed by the compliance aid cites the authority under (Regulatory Planning and Review), a Federal regulators and published as part 24 CFR 203.16a(e) for flood insurance determination must be made whether a of their final rule (see 84 FR 4953), the requirements for FHA-insured regulatory action is significant and Federal regulators determined that mortgages. In addition to the different therefore, subject to review by the Office allowing private flood insurance in governing authorities, HUD’s Proposed of Management and Budget (OMB) in mortgage transactions conducted by Rule is not identical to the Federal accordance with the requirements of the these mortgagees would not have a regulators’ Final Rule on private flood order. Executive Order 13563 significant economic impact on a insurance acceptance. (Improving Regulations and Regulatory substantial number of small entities Specifically, unlike the Federal Review) directs executive agencies to they supervised. This finding is also regulators, HUD will not permit analyze regulations that are ‘‘outmoded, true for the share of regulated lending Mortgagees to exercise their discretion ineffective, insufficient, or excessively institutions supervised by the Federal to accept flood insurance policies, burdensome, and to modify, streamline, regulators that are FHA-approved provided by private insurers or mutual expand, or repeal them in accordance lenders. aid societies, that do not meet the with what has been learned.’’ Executive Small entities also include small definition and requirements for a Order 13563 also directs that, where businesses, small not-for-profit

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organizations, and small governmental 4332(2)(C)). The FONSI is available for Authority: 12 U.S.C. 1703; 15 U.S.C. jurisdictions. This rule, however, offers public inspection on 1639c; 42 U.S.C. 3535(d). a benefit to all FHA-approved www.regulations.gov. ■ 2. Revise § 201.28(a), to read as mortgagees regardless of the size of the Executive Order 13132, Federalism follows: firm. Allowing private insurers to compete provides business Executive Order 13132 (entitled § 201.28 Flood and hazard insurance, and opportunities to those private insurers. ‘‘Federalism’’) prohibits an agency from Coastal Barriers properties. The rule would provide a compliance publishing any rule that has federalism (a) Flood insurance. No property aid which will allow all mortgagees, implications if the rule either (i) improvement loan or manufactured including small mortgagees that may imposes substantial direct compliance home loan shall be eligible for insurance lack technical expertise regarding flood costs on state and local governments under this part if the property securing insurance policies, to conclude that a and is not required by statute, or (ii) repayment of the loan is located in a policy meets the definition of ‘‘private preempts state law, unless the agency special flood hazard area identified by flood insurance’’ without further review meets the consultation and funding the Federal Emergency Management of the policy if the policy, or an requirements of section 6 of the Agency (FEMA), unless flood insurance endorsement to the policy, states: ‘‘This Executive order. This proposed rule on the property is obtained by the policy meets the definition of private would not have federalism implications borrower in compliance with section flood insurance contained in 24 CFR and would not impose substantial direct 102 of the Flood Disaster Protection Act 203.16a(e) for FHA-insured mortgages.’’ compliance costs on state and local of 1973 (42 U.S.C. 4012a). Such This proposed rule would also reduce governments or preempt state law insurance shall be in the form of the the burden to all mortgagees, including within the meaning of the Executive standard policy issued under the those small entities, by aligning FHA’s order. National Flood Insurance Program regulations with those issued by the Unfunded Mandates Reform Act (NFIP) or private flood insurance, as Federal regulators. defined in § 203.16a of this chapter. For flood insurance companies, there Title II of the Unfunded Mandates Such insurance shall be obtained at any is less data. However, existing analysis Reform Act of 1995 (2 U.S.C. 1531– time during the term of the loan that the by Kousky et al. (2018) 11 on private 1538) (UMRA) establishes requirements lender determines that the secured insurers that are currently providing for Federal agencies to assess the effects property is located in a special flood flood insurance shows that these private of their regulatory actions on state, hazard area identified by FEMA and insurance companies are mostly surplus local, and tribal governments, and on shall be maintained by the borrower for line carriers that operate globally. This the private sector. This proposed rule the remaining term of the loan, or until finding implies that such carriers cannot would not impose any Federal mandates the lender determines that the property be considered as small entities. Taking on any state, local, or tribal is no longer in a special flood hazard advantage of the business opportunities governments, or on the private sector, area, or until the property is repossessed is more difficult for small firms because within the meaning of the UMRA. or foreclosed upon by the lender. The large firms are inherently favored by List of Subjects amount of such insurance shall be at their ability to spread flood risk. least equal to the unpaid balance of the However, as the private flood insurance 24 CFR Part 201 Title I loan, and the lender shall be market expands, it is expected to Claims; Health facilities; Historic named as the loss payee for flood become less concentrated, to the benefit preservation; Home improvement; Loan insurance benefits. of small entities. Overall, HUD believes programs-housing and community * * * * * that this rule will not have a significant development; Manufactured homes; impact on a substantial number of small Mortgage insurance; Reporting and PART 203—SINGLE FAMILY entities, and the impact of the rule on recordkeeping requirements. MORTGAGE INSURANCE those small entities impacted will be beneficial rather than adverse. 24 CFR Part 203 ■ 3. The authority citation for part 203 Therefore, this proposed rule is not Hawaiian Natives; Home continues to read as follows: expected to have a significant economic improvement, Indians-lands; Loan Authority: 12 U.S.C. 1707, 1709, 1710, impact on small entities. programs-housing and community 1715b, 1715z–16, 1715u, and 1715z–21; 15 Notwithstanding HUD’s development; Mortgage insurance; U.S.C. 1639c; 42 U.S.C. 3535(d). determination, HUD specifically invites Reporting and recordkeeping ■ 4. Revise § 203.16a to read as follows: comments regarding any less requirements; Solar energy. burdensome alternatives to this rule that § 203.16a Mortgagor and mortgagee will meet HUD’s objectives as described 24 CFR Part 206 requirement for maintaining flood insurance coverage. in the preamble to this rule. Aged; Condominiums; Loan (a) In general. (1) The requirements of Environmental Impact programs-housing and community development; Mortgage insurance; this section apply if a mortgage is to A Finding of No Significant Impact Reporting and recordkeeping cover property improvements that: (FONSI) with respect to the requirements. (i) Are located in an area designated environment has been made in by the Federal Emergency Management For the reasons discussed in the accordance with HUD regulations at 24 Agency (FEMA) as a floodplain area preamble, HUD proposes to amend 24 CFR part 50, which implement section having special flood hazards; or CFR parts 201, 203, and 206 as follows: 102(2)(C) of the National Environmental (ii) Are otherwise determined by the Policy Act of 1969 (42 U.S.C. PART 201—TITLE I PROPERTY Commissioner to be subject to flood IMPROVEMENT AND MANUFACTURED hazard. 11 Kousky, C., H. Kunreuther, B. Lingle, and L. (2) No mortgage may be insured that Shabman (2018). The Emerging Private Residential HOME LOANS Flood Insurance Market in the United States, Risk covers property improvements located ■ Management and Decision Processes Center, 1. The authority citation for part 201 in an area that has been identified by Wharton, University of Pennsylvania, July. continues to read as follows: FEMA as an area having special flood

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hazards unless the community in which other blanket coverage insuring (C) FHA, in cases where the the area is situated is participating in nonresidential commercial property, is mortgagee has assigned the loan to FHA the National Flood Insurance Program recognized, or not disapproved, as a in exchange for claim payment. and flood insurance under the National surplus lines insurer by the insurance (ii) Information about the availability Flood Insurance Program (NFIP) is regulator of the State or jurisdiction of flood insurance coverage under the available with respect to such property where the property to be insured is National Flood Insurance Program; improvements. Such requirement for located; (iii) A mortgage interest clause similar flood insurance shall be effective one (2) Provides flood insurance coverage to the clause contained in a standard year after the date of notification by that is at least as broad as the coverage flood insurance policy under the FEMA to the chief executive officer of provided under a standard flood National Flood Insurance Program; and a flood prone community that such insurance policy under the National (iv) A provision requiring an insured community has been identified as Flood Insurance Program for the same to file suit not later than 1 year after the having special flood hazards. type of property, including when date of a written denial of all or part of (3) For purposes of this section, considering deductibles, exclusions, a claim under the policy; and property improvement means a and conditions offered by the insurer. (4) Contains cancellation provisions dwelling and related structures/ To be at least as broad as the coverage that are as restrictive as the provisions equipment essential to the value of the provided under a standard flood contained in a standard flood insurance property and subject to flood damage. insurance policy under the National policy under the National Flood (b) Flood insurance obligation. The Flood Insurance Program, the policy Insurance Program. mortgagor and mortgagee shall be must, at a minimum: ■ 5. Revise § 203.343(b)(3), to read as obligated, by a special condition to be (i) Define the term ‘‘flood’’ to include follows: included in the mortgage commitment, the events defined as a ‘‘flood’’ in a § 203.343 Partial release, addition or to obtain and maintain either NFIP flood standard flood insurance policy under substitution of security. insurance or private flood insurance the National Flood Insurance Program; coverage on the property improvements. (ii) Contain the coverage specified in * * * * * (c) Insurance policy. A mortgagee may a standard flood insurance policy under (b) * * * accept a flood insurance policy in the the National Flood Insurance Program, (3) The property to which the form of the standard policy issued including that relating to building dwelling is removed is in an area known under the National Flood Insurance property coverage; personal property to be reasonably free from natural Program (NFIP) or a private flood coverage, if purchased by the insured hazards or, if in a flood zone, the insurance policy as defined in this mortgagor(s); other coverages; and mortgagor will insure or reinsure under section, and the mortgagee shall be increased cost of compliance coverage; the National Flood Insurance Program named as the loss payee for flood (iii) Contain deductibles no higher or obtain equivalent private flood insurance benefits. A mortgagee may than the specified maximum, and insurance coverage as defined in determine that a private flood insurance include similar non-applicability § 203.16a. policy meets the definition of private provisions, as under a standard flood * * * * * flood insurance in § 203.16a, without insurance policy under the National further review of the policy, if the Flood Insurance Program, for any total PART 206—HOME EQUITY following statement is included within policy coverage amount up to the CONVERSION MORTGAGE the policy or as an endorsement to the maximum available under the NFIP at INSURANCE policy: ‘‘This policy meets the the time the policy is provided to the ■ 6. The authority citation for part 206 definition of private flood insurance lender; continues to read as follows: contained in paragraph (e) of this (iv) Provide coverage for direct physical loss caused by a flood and may Authority: 12 U.S.C. 1715b, 1715z–20; 42 section for FHA-insured mortgages.’’ U.S.C. 3535(d) (d) Duration and amount of coverage. only exclude other causes of loss that The flood insurance must be maintained are excluded in a standard flood ■ 7. Revise § 206.45(c) to read as during such time as the mortgage is insurance policy under the National follows: Flood Insurance Program. Any insured in an amount at least equal to § 206.45 Eligible properties. the lowest of the following: exclusions other than those in a (1) Development or project cost less standard flood insurance policy under * * * * * estimated land cost; or the National Flood Insurance Program (c) Borrower and mortgagee (2) The maximum amount of NFIP may pertain only to coverage that is in requirement for maintaining flood insurance available with respect to the addition to the amount and type of insurance coverage. particular type of property; or coverage that could be provided by a (1) During such time as the mortgage (3) The outstanding principal balance standard flood insurance policy under is insured, the borrower and mortgagee of the loan. the National Flood Insurance Program shall be obligated, by a special (e) Private flood insurance defined. or have the effect of providing broader condition to be included in the The term ‘‘private flood insurance’’ coverage to the policyholder; and mortgage commitment, to obtain and to means an insurance policy that: (v) Not contain conditions that narrow maintain flood insurance coverage (1) Is issued by an insurance company the coverage provided in a standard under either the National Flood that is: flood insurance policy under the Insurance Program (NFIP) or equivalent (i) Licensed, admitted, or otherwise National Flood Insurance Program; private flood insurance coverage as approved to engage in the business of (3) Includes all of the following: defined in § 203.16a on the property insurance in the State or jurisdiction in (i) A requirement for the insurer to improvements (dwelling and related which the insured building is located, give 45 days’ written notice of structures/equipment essential to the by the insurance regulator of that State cancellation or non-renewal of flood value of the property and subject to or jurisdiction; or insurance coverage to: flood damage) if the flood insurance is (ii) In the case of a policy of difference (A) The insured; available with respect to the property in conditions, multiple peril, all risk, or (B) The mortgagee, if any; and improvements that:

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(i) Are located in an area designated contract for an item using Federal subpart 212.70, established pursuant to by the Federal Emergency Management Acquisition Regulation (FAR) part 12 section 856 of the NDAA for FY 2016 Agency (FEMA) as a floodplain area procedures shall serve as a prior (Pub. L. 114–92), which apply to having special flood hazards; or commercial item determination. procurements of more than $1 million (ii) Are otherwise determined by the DATES: Comments on the proposed rule previously procured under a prime Commissioner to be subject to a flood should be submitted in writing to the contract using FAR part 12 procedures. hazard. address shown below on or before The authority for these procedures (2) No mortgage may be insured that January 22, 2021, to be considered in expires on November 25, 2020. covers property improvements located the formation of a final rule. II. Discussion and Analysis in an area that has been identified by ADDRESSES: Submit comments FEMA as an area having special flood identified by DFARS Case 2020–D033, One respondent submitted public hazards, unless the community in using any of the following methods: comments with regard to prior use of which the area is situated is Æ Regulations.gov: http:// part 12 procedures and commercial item participating in the NFIP and flood www.regulations.gov. Search for determinations in response to the first insurance is obtained by the borrower. ‘‘DFARS Case 2020–D033’’. Select proposed rule. DoD reviewed the public Such flood insurance shall be in the ‘‘Submit a Comment Now’’ and follow comments in the development of this form of the standard policy issued the instructions provided to submit a second proposed rule. A discussion of under the National Flood Insurance Comment. Please ‘‘DFARS Case 2020– the comments and the changes made to Program (NFIP) or private flood D033’’ on any attached document. the rule as a result of those comments insurance as defined in § 203.16a. Such Æ Email: [email protected]. Include is provided, as follows: requirement for flood insurance shall be DFARS Case 2020–D033 in the subject A. Summary of Significant Changes effective one year after the date of line of the message. From the Proposed Rule notification by FEMA to the chief Æ Mail: Defense Acquisition executive officer of a flood prone Regulations System, Attn: Ms. Heather 1. Moves to paragraph 212.102(a)(ii) community that such community has Kitchens, OUSD(A&S)DPC/DARS, Room the coverage on prior commercial item been identified as having special flood 3B938, 3060 Defense Pentagon, determinations proposed originally at hazards. Washington, DC 20301–3060. paragraph 212.102(a)(iii), in order to precede the paragraph on commercial * * * * * Comments received generally will be posted without change to http:// item determinations. § 206.134 [Amended] www.regulations.gov, including any 2. Rewrites the coverage at ■ 8. In § 206.134, amend paragraph personal information provided. To 212.102(a)(ii) to shift emphasis to prior (b)(3) by adding the phrase ‘‘or obtain confirm receipt of your comment(s), use of commercial item determinations. 3. Changes the applicability of the equivalent private flood insurance please check www.regulations.gov, proposed paragraph on commercial item coverage, as defined in § 203.16a’’ after approximately two to three days after determinations at 212.102(a)(iii) to ‘‘National Flood Insurance Program’’. submission to verify posting (except allow 30 days for posting of comments apply to acquisitions at any dollar Dana T. Wade, submitted by mail). value, not just those that exceed $1 Assistant Secretary for Housing, Federal million. FOR FURTHER INFORMATION CONTACT: Ms. Housing Commissioner. Heather Kitchens, telephone 571–372– B. Analysis of Public Comments [FR Doc. 2020–25105 Filed 11–20–20; 8:45 am] 6104. BILLING CODE 4210–67–P Comment: One respondent SUPPLEMENTARY INFORMATION: recommended revision of the proposed rule to direct contracting officers to rely I. Background on prior use of FAR part 12 procedures DEPARTMENT OF DEFENSE DoD published a proposed rule in the or prior commercial item Federal Register at 84 FR 65322 on Defense Acquisition Regulations determinations and only request November 27, 2019, under DFARS Case System waivers on a case-by-case basis. The 2019–D029 to implement sections 877 respondent believed that the proposed and 878 of the National Defense 48 CFR Part 212 rule, as written, would undermine this Authorization Act (NDAA) for Fiscal policy objective, and recommended [Docket DARS–2020–0044] Year (FY) 2017 (Pub. L. 114–328) and rewrite of proposed DFARS further implement section 848 of the 212.102(a)(ii)(A) and (a)(iii)(B)(2). RIN 0750–AL19 NDAA for FY 2018 (Pub. L. 115–91). Response: DoD has increased the Defense Federal Acquisition DoD is publishing a second proposed emphasis on the requirement to rely on Regulation Supplement: Commercial rule under DFARS Case 2020–D033 to prior use of FAR part 12 procedures. Item Determinations (DFARS Case further implement section 848, because However, some recommendations were 2020–D033) of substantial changes from the first not accepted, such as removal of the proposed rule. Section 848 modifies 10 limited applicability to acquisition of AGENCY: Defense Acquisition U.S.C. 2380(b) to provide that a contract commercial items pursuant to Regulations System, Department of for an item using FAR part 12 212.102(a)(i)(A), and the requirement of Defense (DoD). procedures shall serve as a prior higher-level approvals for certain ACTION: Proposed rule. commercial item determination, unless commercial item determinations. The the appropriate official determines in following are responses to specific SUMMARY: DoD is proposing to amend writing that the use of such procedures aspects of the respondent’s comments the Defense Federal Acquisition was improper or that it is no longer on the first proposed rule: Regulation Supplement (DFARS) to appropriate to acquire the item using 1. Applicability to statutory further implement a section of the commercial item acquisition exceptions (212.102(a)(i)(B)). 10 U.S.C. National Defense Authorization Act for procedures. This rule also proposes to 2380(b)(1) requirement with regard to Fiscal Year 2018 that provides that a remove the procedures at DFARS prior use of FAR part 12 procedures

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serving as prior commercial item item determinations and use FAR part rule is not a major rule under 5 U.S.C. determination does not apply to items 12 procedures, nor does it have the data 804. purchased using FAR part 12 on civilian agency commercial item V. Executive Order 13771 procedures that are not commercial determinations in its commercial item items, but only treated as commercial determination database. This rule is not expected to be subject items (i.e., 41 U.S.C. 1903 and 10 U.S.C. DoD has not accepted all of the to E.O. 13771, because this rule is not 2380a). It does not make sense to infer recommended changes to the prior use a significant regulatory action under a commercial item determination for of FAR part 12 procedures, because E.O. 12866. acquisitions of items that may not be there are nuances relating to other VI. Regulatory Flexibility Act commercial items, and do not require a statutes that need to be addressed; this commercial item determination. rule also addresses 10 U.S.C. 2306a(b)(4) DoD does not expect this proposed Further, applicability of these statutory and 10 U.S.C. 2380b. This rule also rule to have a significant economic exceptions to treat certain items as retains the delegation to the head of the impact on a substantial number of small commercial items is not dependent on contracting activity of the function entities within the meaning of the the particular items being purchased, assigned in the statute to the senior Regulatory Flexibility Act, 5 U.S.C. 601, but on circumstances peculiar to a procurement executive. et seq. However, an initial regulatory particular acquisition, that cannot be 4. Million dollar threshold for flexibility analysis has been performed extrapolated to other acquisitions of the commercial item determinations (when and is summarized as follows: same item. DoD concluded that the 10 there is no evidence of prior use of FAR This proposed rule is necessary in U.S.C. 2380(b)(1) statement ‘‘shall serve part 12 procedures for the acquisition of order to further implement section 848 as a prior commercial item commercial items (212.102(a)(iii)). The of the National Defense Authorization determinations for such item for million dollar threshold was based on Act (NDAA) for Fiscal Fear (FY) 2018 purposes of this chapter’’ is applicable policy, to avoid overly burdensome (10 U.S.C. 2380(b)). only if a commercial item determination requirements on lower dollar value The objective of this rule is to address is applicable to the item. acquisitions. If contracting officers are the use of FAR part 12 procedures and 2. Applicability at all dollar values. accepting prior use of part 12 commercial item determinations. If the According to 10 U.S.C. 2380, as procedures, even below $1 million, as Commercial Item Determination amended by section 848 of the NDAA commercial item determinations for Database contains a prior commerciality for FY 2018, unless certain subsequent buys, then it is necessary to determination, or the contracting officer determinations are made, a contract for apply the same standards at any dollar has other evidence that an item has an item acquired using commercial item value, since these determinations can previously been acquired by DoD using acquisition procedures under part 12 of form the basis for much larger commercial item acquisition procedures the Federal Acquisition Regulation shall acquisitions. under FAR part 12, the prior contract serve as a prior commercial item C. Other Changes shall serve as a prior determination that determination with respect to such item an item is a commercial item, as defined for purposes of this chapter. This law The rule proposes to delete, add, or in FAR 2.101. The legal basis for the does not distinguish between amend some of the pointers to DFARS rule is the NDAA section cited as the acquisitions above or below $1 million. Procedures, Guidance, and Information reason for the action. DoD concluded that it, therefore, applies (PGI) to conform to the current PGI. DoD awarded contracts to an average regardless of dollar value. of 40,689 unique entities (including 3. Prior use of FAR part 12 procedures III. Applicability to Contracts at or 30,806 small businesses) each year from (212.102(a)(ii)). Due to amendment of 10 Below the Simplified Acquisition U.S.C. 2380 by section 848 of the NDAA Threshold and for Commercial Items, FY 2016 through FY 2018. This rule for FY 2019, the consideration of Including Commercially Available Off- impacts the procedures for commercial whether FAR part 12 procedures have the-Shelf Items item determinations for products and been previously used should be the next This rule does not create any new services offered to the Government. step in the decision-making process solicitation provisions or contract This rule does not impose any new (after determining that a statutory clauses, or amend any existing reporting, recordkeeping, or other exception does not apply). Therefore, provisions or clauses. compliance requirements. these paragraphs have been relocated The rule does not duplicate, overlap, IV. Executive Orders 12866 and 13563 from 212.102(a)(iii) to 212.102(a)(ii), or conflict with any other Federal rules. because prior use of part 12 procedures Executive Orders (E.O.s) 12866 and DoD did not identify any significant needs to be considered prior to the need 13563 direct agencies to assess all costs alternatives that would minimize or for a new commercial item and benefits of available regulatory reduce the significant economic impact determination. In order to determine alternatives and, if regulation is on small entities, because there is no whether part 12 procedures have been necessary, to select regulatory significant impact on small entities. Any previously used, the contracting officer approaches that maximize net benefits impact is expected to be beneficial. shall review the Commercial Item (including potential economic, DoD invites comments from small Determination Database, or may utilize environmental, public health and safety business concerns and other interested other available evidence. The effects, distributive impacts, and parties on the expected impact of this contracting officer shall document the equity). E.O. 13563 emphasizes the rule on small entities. file accordingly. importance of quantifying both costs DoD will also consider comments This proposed rule limits to DoD and benefits, of reducing costs, of from small entities concerning the contracts the requirement that prior use harmonizing rules, and of promoting existing regulations in subparts affected of part 12 procedures shall serve as a flexibility. This is not a significant by this rule in accordance with 5 U.S.C. commercial item determination, because regulatory action and, therefore, was not 610. Interested parties must submit such this is a DoD statute, implemented in subject to review under section 6(b) of comments separately and should cite 5 the DFARS, and DoD does not control E.O. 12866, Regulatory Planning and U.S.C. 610 (DFARS Case 2020–D033), in how civilian agencies make commercial Review, dated September 30, 1993. This correspondence.

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VII. Paperwork Reduction Act 2.101. The contracting officer shall supplies and services provided by The rule does not contain any new document the file accordingly. nontraditional defense contractors as (B)(1) If the item to be acquired meets information collection requirements that commercial items. This permissive the criteria in paragraph (a)(ii)(A) of this require the approval of the Office of authority is intended to enhance section the item may not be acquired Management and Budget under the defense innovation and investment, using other than FAR part 12 Paperwork Reduction Act (44 U.S.C. enable DoD to acquire items that procedures unless the head of a chapter 35). otherwise might not have been contracting activity issues a available, and create incentives for List of Subjects in 48 CFR Part 212 determination as specified in paragraph nontraditional defense contractors to do Government procurement. (a)(ii)(B)(2)(ii) of this section. business with DoD. It is not intended to (2) Pursuant to 10 U.S.C. recategorize current noncommercial Jennifer D. Johnson, 2306a(b)(4)(A), the contracting officer items; however, when appropriate, Regulatory Control Officer, Defense may presume that a prior commercial Acquisition Regulations System. item determination made by a military contracting officers may consider department, a defense agency, or applying commercial item procedures to Therefore, 48 CFR part 212 is the procurement of supplies and proposed to be amended as follows: another component of DoD shall serve as a determination for subsequent services from business segments that PART 212—ACQUISITION OF procurements of such item. In meet the definition of ‘‘nontraditional COMMERCIAL ITEMS accordance with 10 U.S.C. 2306a(b)(4) defense contractor’’ even though they and 10 U.S.C. 2380(b), if the contracting have been established under traditional ■ 1. The authority citation for part 212 officer questions a prior determination defense contractors. The decision to continues to read as follows: to use part 12 procedures and instead apply commercial item procedures to Authority: 41 U.S.C. 1303 and 48 chapter chooses to proceed with a procurement the procurement of supplies and 1. of an item previously determined to be services from nontraditional defense a commercial item using procedures ■ 2. Revise section 212.102 to read as contractors does not require a other than FAR part 12 procedures, the follows: commercial item determination and contracting officer shall request a review does not mean the item is commercial; by the head of the contracting activity 212.102 Applicability. (B) Shall treat services provided by a that will conduct the procurement. Not (a)(i) Use of FAR part 12 procedures. business unit that is a nontraditional later than 30 days after receiving a Use of FAR part 12 procedures is based defense contractor as commercial items, on— request for review, the head of a contracting activity shall— to the extent that such services use the (A) A determination that an item is a same pool of employees as used for commercial item, as defined in FAR (i) Confirm that the prior use of FAR part 12 procedures was appropriate and commercial customers and are priced 2.101 (see paragraph (a)(iii) of this using methodology similar to section); or still applicable; or (ii) Issue a determination that the methodology used for commercial (B) Applicability of one of the prior use of FAR part 12 procedures was pricing; and following statutes that provide for improper or that it is no longer treatment as a commercial item and use (C) Shall document the file when appropriate to acquire the item using of part 12 procedures, even though the treating supplies or services from a FAR part 12 procedures, with a written item may not meet the definition of nontraditional defense contractor as explanation of the basis for the ‘‘commercial item’’ at FAR 2.101 and commercial items in accordance with determination. paragraph (a)(iii)(A) or (B) of this does not require a commercial item (iii) Commercial item determination. determination: Unless the procedures in paragraph section. (1) 41 U.S.C. 1903—Supplies or (a)(ii) of this section are applicable, (v) Commercial item guidebook. For a services to be used to facilitate defense when using FAR part 12 procedures for link to the commercial item guidebook, against or recovery from cyber, nuclear, acquisitions of commercial items see PGI 212.102(a)(iii)(4). biological, chemical, or radiological pursuant to 212.102(a)(i)(A), the attack pursuant to FAR 12.102(f); or contracting officer shall— Subpart 212.70 [Removed and (2) 10 U.S.C. 2380a—Supplies or (A) Determine in writing that the reserved] services from nontraditional defense acquisition meets the commercial item contractors pursuant to 212.102(a)(iv). definition in FAR 2.101; ■ 3. Remove and reserve subpart 212.70, (ii) Prior use of FAR part 12 (B) Include the written determination consisting of sections 212.7000 and procedures. (A) Pursuant to 10 U.S.C. in the contract file; 212.7001. 2380(b), except as provided in (C) Obtain approval at one level above [FR Doc. 2020–25430 Filed 11–20–20; 8:45 am] paragraph (a)(ii)(B) of this section or the contracting officer when a BILLING CODE 5001–06–P unless the item was acquired pursuant commercial item determination relies to paragraph (a)(i)(B) of this section, if on paragraphs (1)(ii), (3), (4), or (6) of the Commercial Item Determination the ‘‘commercial item’’ definition at (CID) Database (for website see PGI FAR 2.101; and 212.102(a)(iii)(3)) contains a prior (D) Follow the procedures and commerciality determination, or the guidance at PGI 212.102(a)(iii) regarding contracting officer has other evidence file documentation and commercial that an item has been acquired item determinations. previously by DoD using commercial (iv) Nontraditional defense item acquisition procedures under FAR contractors. In accordance with 10 part 12, then the prior contract shall U.S.C. 2380a, contracting officers— serve as a determination that an item is (A) Except as provided in paragraph a commercial item, as defined in FAR (a)(iii)(B) of this section, may treat

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DEPARTMENT OF DEFENSE I. Background contract clause at DFARS 252.223–7008, This rule proposes to amend the Prohibition of Hexavalent Chromium. Defense Acquisition Regulations DFARS to remove references to Therefore, there will be no impact to System Executive Order (E.O.) 13423, contracting officers or contractors as a Strengthening Federal Environmental, result of this rule. 48 CFR Part 223 Energy, and Transportation III. Applicability to Contracts at or Management, and E.O. 13514, Federal Below the Simplified Acquisition [Docket DARS–2020–0045] Leadership in Environmental, Energy, Threshold and for Commercial Items, and Economic Performance, as the Including Commercially Available Off- RIN 0750–AL17 authorities for the policy at DFARS the-Shelf Items subpart 223.73, Minimizing the Use of This proposed rule does not create Defense Federal Acquisition Materials Containing Hexavalent any new provisions or clauses, nor does Regulation Supplement: Authorities for Chromium. Both E.O. 13423 and E.O. it change the applicability of any Minimizing the Use of Materials 13514 were revoked by E.O. 13693, existing provisions or clauses included Containing Hexavalent Chromium Planning for Federal Sustainability in in solicitations and contracts valued at (DFARS Case 2020–D031) the Next Decade, which was later or below the simplified acquisition revoked by E.O. 13834, Efficient Federal AGENCY: Defense Acquisition threshold, or for commercial items, Operations (83 FR 23771, May 22, Regulations System, Department of including commercially available off- 2018). However, the removal of these Defense (DoD). the-shelf items. references will not impact DoD’s ACTION: Proposed rule. policies and procedures for minimizing IV. Executive Orders 12866 and 13563 the use of hexavalent chromium, a SUMMARY: DoD is proposing to amend Executive Orders (E.O.s) 12866 and known carcinogen, still used in some the Defense Federal Acquisition 13563 direct agencies to assess all costs DoD weapon systems and platforms due Regulation Supplement (DFARS) to and benefits of available regulatory to its corrosion protection properties. remove references to revoked Executive alternatives and, if regulation is On May 5, 2011, DoD issued a final Orders related to minimizing the use of necessary, to select regulatory rule, Minimizing the Use of Materials materials containing hexavalent approaches that maximize net benefits Containing Hexavalent Chromium chromium. (including potential economic, (DFARS Case 2009–D004) (76 FR environmental, public health and safety DATES: Comments on the proposed rule 25569), which amended the DFARS to effects, distributive impacts, and should be submitted in writing to the implement requirements for minimizing equity). E.O. 13563 emphasizes the address shown below on or before the use of materials containing importance of quantifying both costs January 22, 2021, to be considered in hexavalent chromium in items acquired and benefits, of reducing costs, of the formation of the final rule. by DoD pursuant to an Under Secretary harmonizing rules, and of promoting ADDRESSES: Submit comments of Defense (Acquisition, Technology, flexibility. This is not a significant identified by DFARS Case 2020–D031, and Logistics) policy memorandum regulatory action and, therefore, was not using any of the following methods: dated April 8, 2009. The final rule subject to review under section 6(b) of Æ Federal eRulemaking Portal: http:// codified internal procedures for E.O. 12866, Regulatory Planning and www.regulations.gov. Search for addressing the serious human health Review, dated September 30, 1993. This ‘‘DFARS Case 2020–D031.’’ Select and environmental risks related to the rule is not a major rule under 5 U.S.C. ‘‘Comment Now’’ and follow the use of hexavalent chromium and 804. instructions to submit a comment. prohibited the delivery of items V. Executive Order 13771 Please include your name, company containing more than 0.1 percent by name (if any), and ‘‘DFARS Case 2020– weight hexavalent chromium in any The rule is not anticipated to be D031’’ on any attached document. homogeneous material under DoD subject to E.O. 13771, because this rule Æ Email: [email protected]. Include contracts unless there is no acceptable is not a significant regulatory action DFARS Case 2020–D031 in the subject alternative to the use of hexavalent under E.O. 12866. chromium. While this rule removes line of the message. VI. Regulatory Flexibility Act Æ Mail: Defense Acquisition references to the revoked E.O.s, there is Regulations System, Attn: Ms. Kimberly no change to the DoD policy DoD does not expect this proposed R. Ziegler, OUSD(A&S)DPC/DARS, implemented under the prior DFARS rule to have a significant economic Room 3B938, 3060 Defense Pentagon, rule. impact on a substantial number of small entities within the meaning of the Washington, DC 20301–3060. II. Discussion and Analysis Instructions: Comments received Regulatory Flexibility Act, 5 U.S.C. 601, The policy related to minimizing the generally will be posted without change et seq., because this rule maintains the use of materials containing hexavalent to http://www.regulations.gov, including current policies, procedures, and chromium is implemented in DFARS any personal information provided. To contract clause. However, an initial subpart 223.73. This rule proposes to confirm receipt of your comment(s), regulatory flexibility analysis has been remove references to E.O. 13423 and please check www.regulations.gov, performed and is summarized as E.O. 13514 in the authorities section at approximately two to three days after follows: DFARS 223.7302. In addition, this rule This rule proposes to amend the submission to verify posting (except proposes to amend the policy section at DFARS to remove references to allow 30 days for posting of comments DFARS 223.7301 to cite the DoD policy Executive Order (E.O.) 13423, submitted by mail). memorandum, dated April 8, 2009, as Strengthening Federal Environmental, FOR FURTHER INFORMATION CONTACT: Ms. the source for the policy implemented Energy, and Transportation Kimberly R. Ziegler, telephone 571– in the DFARS. There are no changes Management; and E.O. 13514, Federal 372–6095. proposed to the requirements of DFARS Leadership in Environmental, Energy, SUPPLEMENTARY INFORMATION: subpart 223.73 or the associated and Economic Performance, which were

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revoked by E.O. 13693, Planning for PART 223—ENVIRONMENT, ENERGY Century Act (MAP–21); and the Fixing Federal Sustainability in the Next AND WATER EFFICIENCY, America’s Surface Transportation Decade. E.O. 13693, was later revoked RENEWABLE ENERGY (FAST) Act related to the Department’s by E.O. 13834, Efficient Federal TECHNOLOGIES, OCCUPATIONAL environmental review process. This Operations (83 FR 23771, May 22, SAFETY, AND DRUG-FREE proposed rule would modernize the 2018). The rule proposes to replace WORKPLACE Department’s procedures and promote references to the revoked E.O.s with a collaboration and efficiency in the reference to the DoD policy ■ 1. The authority citation for 48 CFR implementation of NEPA. Finally, this memorandum, dated April 8, 2009, part 223 continues to read as follows: proposal would also update the list of Minimizing the use of Materials Authority: 41 U.S.C. 1303 and 48 CFR the Department’s categorical exclusions Containing Hexavalent Chromium. chapter 1. consistent with the CEQ’s regulations The objective of the case is to remove ■ 2. Revise section 223.7301 to read as implementing NEPA. two revoked E.O.s, while maintaining follows: DATES: Persons interested in submitting current DoD policies and procedures for written comments on this NPRM must minimizing the use of materials 223.7301 Policy. do so by December 23, 2020. The containing hexavalent chromium. In accordance with the DoD policy Department will consider late comments Data generated from the Electronic memorandum of April 8, 2009, to the extent practicable. Data Access system for fiscal years 2017 Minimizing the Use of Hexavalent ADDRESSES: To ensure you do not through 2019, indicates that DoD has Chromium, it is DoD policy to minimize duplicate your docket submissions, awarded an average of 99,832 contracts hexavalent chromium (an anti- please submit comments by only one of containing DFARS clause 252.223–7008, corrosive) in items acquired by DoD the following means: Prohibition of Hexavalent Chromium, to (deliverables and construction material), • Federal eRulemaking Portal: Go to approximately 14,777 unique entities due to the serious human health and http://www.regulations.gov and follow per year, of which 70,470 contracts were environmental risks related to its use. the online instructions for submitting awarded to 10,868 unique small entities 223.7302 [Removed and Reserved] comments. (74 percent). • Mail: Docket Management Facility, ■ 3. Remove and reserve section U.S. Department of Transportation, 1200 The rule does not impose any new 223.7302. reporting, recordkeeping, or compliance New Jersey Ave. SE, West Building, requirements. The requirements of [FR Doc. 2020–25431 Filed 11–20–20; 8:45 am] Ground Floor, Room W12–140, DFARS clause 252.223–7008 remain BILLING CODE 5001–06–P Washington, DC 20590–0001. unchanged; therefore, this rule is not • Hand Delivery or Courier: U.S. expected to affect significant numbers of Department of Transportation, 1200 small business concerns. DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, The rule does not duplicate, overlap, Office of the Secretary of or conflict with any other Federal rules. Washington, DC 20590–0001, between 9 Transportation a.m. and 5 p.m. ET, Monday through There are no significant alternatives Friday, except Federal holidays. that will accomplish the objective of 49 CFR Part 13 • Fax: (202) 493–2251. this rule. [Docket No. DOT–OST–2020–0229] Instructions: All comment DoD invites comments from small submissions must include the agency business concerns and other interested RIN 2105–AE97 name, docket name, and docket number parties on the expected impact of this (DOT–OST–2020–0229) or Regulation Procedures for Considering rule on small entities. Identifier Number (RIN) for this Environmental Impacts DoD will also consider comments rulemaking (2105–AE97). Note that all from small entities concerning the AGENCY: Office of the Secretary (OST), comments received will be posted existing regulations in subparts affected DOT. without change to www.regulations.gov, by the rule in accordance with 5 U.S.C. ACTION: Notice of proposed rulemaking including any personal information 610. Interested parties must submit such (NPRM). provided. Physical access to the Docket comments separately and should cite 5 is available at the Hand Delivery U.S.C 610 (DFARS Case 2020–D031), in SUMMARY: The U.S. Department of address noted above. correspondence. Transportation (DOT) proposes to This document may be viewed online VII. Paperwork Reduction Act update and codify its internal order under the docket number noted above establishing the responsibilities and through the Federal eRulemaking portal, The rule does not contain any procedures for complying with the www.regulations.gov. An electronic information collection requirements that National Environmental Policy Act copy of this document may also be require the approval of the Office of (NEPA), currently found in DOT Order downloaded from the Office of the Management and Budget under the 5610.1C, ‘‘Procedures for Considering Federal Register’s website, Paperwork Reduction Act (44 U.S.C. Environmental Impacts,’’ which was www.federalregister.gov, and the chapter 35). issued in 1979 and last updated in 1985. Government Publishing Office’s This proposal would update the DOT website, www.govinfo.gov/app/ List of Subjects in 48 CFR Part 223 NEPA procedures in response to the collection/fr. In accordance with 5 Government procurement. Council on Environmental Quality’s U.S.C. 553(c), DOT solicits comments (CEQ’s) final rule updating its NEPA from the public to better inform its Jennifer D. Johnson, procedures and also incorporate rulemaking process. The DOT posts Regulatory Control Officer, Defense provisions of the Safe, Accountable, these comments, without edit, including Acquisition Regulations System. Flexible, Efficient Transportation Equity any personal information the Therefore, 48 CFR 223 is proposed to Act: A Legacy for Users (SAFETEA–LU); commenter provides, to be amended as follows: Moving Ahead for Progress in the 21st www.regulations.gov, as described in

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the system of records notice (DOT/ALL– environmental statements on would also update the 1985 procedures 14 FDMS), which can be viewed at recommendations or reports and other to account for relevant project delivery www.transportation.gov/privacy. major Federal actions significantly provisions and other streamlining FOR FURTHER INFORMATION CONTACT: affecting the quality of the human efforts included in SAFETEA–LU, April Marchese, Director, Infrastructure environment. 42 U.S.C. 4332(2)(C). In MAP–21 and the FAST Act, that apply Permitting Improvement Center, 202– 2005, Congress enacted 23 U.S.C. 139, departmentwide. Accordingly, the 366–4416, [email protected] or ‘‘Efficient environmental reviews for proposed rule would reflect the Krystyna Bednarczyk, Office of the project decisionmaking,’’ a streamlined Department’s modern NEPA practices General Counsel, 202–366–5283, environmental review process for and unique project delivery statutory [email protected]. highway, transit, and multimodal authorities by providing direction on SUPPLEMENTARY INFORMATION: transportation projects through the Safe, analyzing multimodal projects in an Accountable, Flexible, Efficient expedited and streamlined manner, I. Introduction Transportation Equity Act: A Legacy for enhancing early coordination, and A. Statutory Authority Users (SAFETEA–LU), Public Law 109– incorporating a multimodal categorical 59, sec. 6002 (2005). In 2012, Congress exclusion (CE) process that allows the The National Environmental Policy declared it in the national interest to Department’s Operating Act, as amended, 42 U.S.C. 4321–4347 accelerate transportation project Administrations (OAs) to utilize each (NEPA), requires all Federal agencies to delivery and reduce costs, and ensure other’s CEs. The proposed rule would assess the environmental impact of their that transportation planning, design, also incorporate agency practice, actions. 42 U.S.C. 4332(2)(C). The and construction are completed in an including environmental review Council on Environmental Quality efficient and effective manner. Moving tracking requirements, and would (CEQ) has issued regulations at 40 CFR Ahead for Progress in the 21st Century provide for accountability for agency parts 1500–1508 (CEQ regulations) Act (MAP–21), Public Law 112–141, NEPA compliance to senior agency implementing NEPA that are binding on sec. 1301 (2012) (set out at 23 U.S.C. 101 officials, consistent with the updated Federal agencies. On July 16, 2020, CEQ note). In 2015, Congress also directed CEQ regulations. See 40 CFR issued a final rule comprehensively the Department to implement a variety 1508.1(dd). updating those regulations. 85 FR 43304 of reforms to streamline and accelerate The proposed rule seeks to ensure a (July 16, 2020). The CEQ regulations its environmental review process. See full and fair environmental review require Federal agencies to develop or Fixing America’s Surface Transportation process that includes meaningful public revise their procedures for Act (FAST) Act, Public Law 114–94 involvement throughout, and balanced implementing NEPA, as necessary, for (2015). consideration of alternatives and consistency with CEQ’s regulations or The Department proposes to revise its potential impacts on the human for efficiency. 40 CFR 1507.3(b), (c). The current procedures, DOT Order 5610.1C, environment. The proposed rule would CEQ regulations require agencies to ‘‘Procedures for Considering modernize the 1985 procedures to consult with CEQ during the Environmental Impacts,’’ originally improve efficiency and expedite project development of their implementing published in 1979, 44 FR 56420 (Oct. 1, delivery; provide enhanced customer procedures and prior to their 1979), and codify them in the Code of service to stakeholders through publication in the Federal Register. 40 Federal Regulations. DOT Order consistent implementation of NEPA CFR 1507.3. The U.S. Department of 5610.1C, which is now in effect, was across the Department, where possible; Transportation (Department or DOT) has updated in 1982 and 1985 (1985 provide support for the Department’s accordingly reviewed its current procedures).1 This proposed rule would OAs to apply OAs specific NEPA implementing procedures and update and modernize the 1985 implementing procedures to their undertakes this revision pursuant to 40 procedures and reflect current specific programs; and balance the CFR 1507.3. The Department developed departmental NEPA practice. As needs of all OAs. These reforms are the proposed rule in consultation with reflected in the proposed rule, the intended to ensure that NEPA CEQ. In accordance with 40 CFR Department also considered comments documents inform and involve the 1507.3(a), the Department is proposing it received in response to its publication public, focus on the significant issues this rule and providing an opportunity of proposed Order 5610.1D in the that require analysis, and foster for public review and comment on the Federal Register on December 20, 2016. informed decisionmaking based on an proposal. 81 FR 92966. understanding of the potential action’s B. Background The Department is issuing this environmental consequences. proposed rule to enhance and NEPA establishes a national C. Expected Impact of the Proposed modernize the Department’s environmental policy of the Federal Rule environmental review processes, bring Government to use all practicable means consistency to the documentation of This proposed rule would revise the and measures to foster and promote the environmental analyses under these internal procedures of the Department, general welfare, create and maintain promoting consistent implementation processes, and incorporate strategies to conditions under which man and nature across the Department of its complete environmental review more can exist in productive harmony, and responsibilities under NEPA while still efficiently in accordance with fulfill the social, economic, and other allowing flexibility for each OA to carry streamlining efforts developed by the requirements of present and future out its own mission. Facilitating the Department at the direction of Congress. generations of Americans. 42 U.S.C. appropriate use of departmental CEs This proposed rule would update the 4331(a). Section 102(2) of NEPA would reduce the expenditure of procedures to be consistent with CEQ’s establishes the procedural requirements government resources on the updated regulations and promote to carry out the policy stated in section preparation of environmental agency efficiency. This proposed rule 101 of NEPA. It requires Federal assessments (EAs) or environmental agencies to consider the environmental 1 Available at https://www.transportation.gov/ impact statements (EISs) and would effects of proposed actions in their sites/dot.gov/files/docs/Procedures_Considering_ shorten approval timelines for activities decisionmaking and prepare detailed Environmental_Impacts_5610_1C.pdf. or projects that, based on the

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Department’s experience, normally do II. Proposed Revisions Generally document). This proposal also would not have the potential to have a The proposed rule would update the names of the relevant offices significant effect on the human comprehensively update the 1985 that have responsibilities, including the environment and therefore normally do procedures. This proposal would update Office of Policy and Office of the not require the preparation of an EA or the organization of the 1985 procedures General Counsel (and relevant EIS. 40 CFR 1501.4. Promulgating CEs to align with current Department subdivisions thereof). The proposal for the entire Department also promotes organization, practice, and policies to would apply to the Department’s consistency, reduces inefficiency, and more effectively and efficiently diverse programs and actions, and, to allows OA procedures to focus on the implement the DOT NEPA policies and the extent possible, would avoid unique issues in their programs. the new revisions of the CEQ creating conflicts with existing OA Codifying all these policies and regulations published on July 16, 2020 programs and actions. To that end, the procedures would provide consistency, (85 FR 43304). The proposal would Department does not propose to include aid efficiency, reduce duplication, and update the existing Departmentwide the more detailed policy concerning the refocus agency practice on fostering CEs, including adding 11 new CEs and format and content of EISs that was informed decisionmaking, rather than modifying the existing CEs. The contained in Attachment 2 of the 1985 generating paperwork. The Department proposal would also improve clarity and procedures. DOT also does not propose reduce ambiguity regarding the entities expects that this would reduce to include Attachment 1 of the 1985 responsible for taking the actions unnecessary delays. The Department procedures, which provided a list of the specified in the rule. To improve also expects the proposed changes to readability, this proposal would States and localities with EIS increase the availability and use of CEs, designate ‘‘OA’’ as the entity requirements. Finally, this proposal early collaboration, and dispute responsible for conducting NEPA would update terminology for resolution and coordination techniques, analyses, and would define ‘‘OA’’ to consistency with modern NEPA practice and to improve timely completion of the include a Secretarial Office that carries and the Department’s current environmental review process. out its own NEPA responsibilities (as operations. The proposed revisions to opposed to an office that relies on an the 1985 procedures are provided in OA’s expertise to prepare the NEPA Table 1.

TABLE 1—CROSSWALK OF PROPOSED REVISIONS TO 1985 PROCEDURES

1985 Procedures Section Proposed subpart Proposed section

Introduction ...... 1. Purpose ...... A ...... 13.1. 2. Cancellation ...... Removed ...... Removed. 3. Authority ...... B; Appendix C of part 13 ...... 13.7(d); Appendix C of part 13. 1. Background ...... Removed ...... Removed. 2. Policy and Intent ...... A; B ...... 13.5; 13.13. 3. Planning and Early Coordination ...... B ...... 13.9. 4. Environmental Processing a. Action Covered ...... A ...... 13.3. Choice. b. Environmental Impact State- B ...... 13.23. ments. c. Categorical Exclusions ...... B; Appendix A of part 13 ...... 13.17; Appendix A of part 13. d. Environmental Assessment ...... B ...... 13.19. e. Exemptions ...... Removed ...... Removed. 5. Finding of No Significant Impact ...... B ...... 13.21. (FONSI). 6. Lead Agencies and Cooperating ...... B ...... 13.11. Agencies. 7. Preparation and Processing of a. Scope of Statement ...... B ...... 13.23(c). Draft Environmental Impact b. Timing of Preparation of Draft B ...... 13.25(a). Statements (DEISs). Statements. c. Interdisciplinary Approach and B ...... 13.13(d). Responsibility for EIS Prepara- tion. d. Preparation of Draft ...... Removed ...... 13.13(a); Appendix C. e. Format and Content ...... B ...... 13.23(e). f. Circulation of the Draft Environ- B ...... 13.25(c). mental Impact Statement. g. Tiering ...... B ...... 13.13(f). B ...... 13.25(b). B ...... 13.23(f). 13.23(g). 8. Inviting Comments on the DEIS a. State and Local Review ...... B ...... 13.25(c). b. Review of EISs Prepared Pur- B ...... 13.23(d). suant to Section 102(2)(D) of NEPA. 9. Review of Environmental Impact ...... Removed ...... Removed. Statements Prepared by Other Agencies. 10. Predecision Referrals to the a. DOT Lead Agency Proposals .. B ...... 13.13(e)(2)(i). Council on Environmental Qual- b. DOT Referrals to CEQ on B ...... 13.13(e)(2)(ii). ity. Other Agencies’ Proposals.

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TABLE 1—CROSSWALK OF PROPOSED REVISIONS TO 1985 PROCEDURES—Continued

1985 Procedures Section Proposed subpart Proposed section

11. Final Environmental Impact a. Preparation ...... 13.27(a). Statements. b. Compliance with Other Re- A; B; Appendix C of part 13. 13.5; 13.13(a);13.27(b); Appendix quirements. C of part 13. c. Legal Review ...... B ...... 13.7. d. Approval ...... B ...... 13.27(e). e. Availability Pending Approval ... Removed ...... Removed. f. Availability of Statements to B ...... 13.25(h)–(i); 13.27(g). EPA and the Public. g. Implementation of Representa- B ...... 13.13(g). tions in Environmental State- ments. h. Supplemental Statements ...... B ...... 13.33(b). B ...... 13.27(b). 12. Determinations under Section ...... Removed ...... Removed. 4(f) of the DOT Act. 13. Responsibility ...... B ...... 13.7. 14. Citizen Involvement Proce- ...... B ...... 13.13(h). dures. 15. Proposals for Legislation ...... a. Preparation ...... B ...... 13.37(a). b. Processing ...... B ...... 13.37(b). 16. International Actions ...... B ...... 13.39. 17. Timing of Agency Action ...... B ...... 13.23(j). 18. Effective Date ...... Removed ...... Removed. 19. Time in Effect of Statements ...... B ...... 13.33(a). 20. Implementing Instructions ...... B ...... 13.7(e). 21. Responsible Official for Office ...... B ...... 13.7. of the Secretary Actions. Attachment 1. State and Localities ...... Removed ...... Removed. with EIS Requirements. Attachment 2. Format and Content ...... Removed ...... Removed. of Environmental Impact State- ments. B ...... 13.29. B ...... 13.31. B ...... 13.35.

III. Section-by Section Description of section-by-section summaries of from rural to urban, and increases the Changes in the Proposed Rule proposed §§ 13.1 through 13.5, this productivity and competitiveness of proposed subpart would emphasize the American workers and businesses. The This proposal would rearrange the Department’s goals to: (1) Achieve the proposed subpart would provide 1985 procedures and would separate Department’s mission and ensure consistency between the Department’s them into two subparts to divide the consistency with national transportation NEPA procedures and congressional generally applicable provisions in policy (§ 13.5(a)); (2) use the NEPA declarations of policy, which provide subpart A from the provisions process as an umbrella to achieve a that it is in the national interest to addressing the NEPA review process single, integrated environmental review ‘‘accelerate project delivery and reduce and compliance responsibilities in process 2 (§ 13.5(b)); (3) use sound costs’’ and to ensure that transportation subpart B. In addition, subpart B would science and reliable data (§ 13.5(c)); (4) project delivery is completed in ‘‘an reorder sections from the 1985 facilitate a collaborative process to efficient and effective manner, procedures to align with the achieve optimal outcomes while promoting accountability for public Department’s environmental review protecting and enhancing the investments and encouraging greater process and the levels of NEPA environment (§ 13.5(d)); and (5) ensure private sector involvement . . . while documentation. meaningful public participation and enhancing safety and protecting the A. Subpart A—General collaboration (§ 13.5(e)). environment.’’ MAP–21 sec. 1301 (set out at 23 U.S.C. 101 note). Finally, this This proposed subpart would set forth This proposal would remove the subpart would support the presumptive the Department’s overarching Introduction and Background sections time limits established in the updated environmental policy in the context of of the 1985 procedures and would CEQ regulations to complete its agency mission, which is to ensure transfer content addressing the purpose environmental documentation. See 40 the safest, most efficient and modern of the Department’s NEPA CFR 1501.10. implementing procedures to proposed transportation system in the world, §§ 13.1 and 13.5. Proposed subpart A which improves the quality of life for all § 13.1 Applicability would significantly reorganize and American people and communities, The applicability section would focus update section 2 of the 1985 procedures, on the implementation of NEPA ‘‘Policy and Intent,’’ in proposed § 13.5 2 For the purpose of this NPRM, ‘‘environmental pursuant to the CEQ regulations and review’’ encompasses both the NEPA process and to reflect current policy and intent of authorizations, including reviews or actions taken include covered actions. Covered the DOT NEPA procedures. As to comply with relevant substantive environmental actions would identify categories of discussed more specifically in the requirements. Department actions typically subject to

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NEPA. For consistency with the CEQ implemented by OA procedures. As a to ensure efficient project delivery and regulations at 40 CFR 1508.1(q), this result, this proposal would not include decisionmaking. section would clarify that loans and the following references: Section 2(b) of (c) Level of NEPA Review. The loan guarantees may be actions subject the Department of Transportation Act of Department would include this term to to NEPA when the OA exercises 1966 (49 U.S.C. 1653); Section 309 of mean the level of NEPA review required sufficient control and responsibility the Clean Air Act, as amended (42 for a particular action (i.e., a CE, an EA, over the effects of such assistance. This U.S.C. 7401 et seq.); Section 303 of the or an EIS). list would also include ‘‘approvals of Coastal Zone Management Act of 1972 (d) NEPA Document. The proposal policies and plans (including those (43 U.S.C. 1241); and, where would use the term ‘‘NEPA document’’ submitted to the Department by State, environmental statements are required, in addition to ‘‘environmental Tribal, or local agencies, or other public Sections 138 and 109 of Federal aid document’’ as used in the CEQ or private applicants, unless otherwise highway legislation (Title 23); Sections regulations, and would define it more exempted).’’ 16 and 18(a) of the Airport and Airway broadly to include an EIS, a record of The CEQ regulations at 40 CFR 1501.1 Development Act of 1970 (49 U.S.C. decision (ROD), an EA, a finding of no and 1507.3(d) provide that agencies 1716, 1718); and Section 14 of the significant impact (FONSI), or any should identify activities or decisions Urban Mass Transportation Act of 1964 documentation that may be prepared in that are not subject to NEPA. This (49 U.S.C. 1601 et seq.). the application of a CE to a proposed section would exclude transportation action. improvement plans (TIPs) and statewide § 13.3 Definitions (e) Operating Administration (OA): improvement plans (STIPs) conducted While the 1985 procedures did not The Department would define ‘‘OA’’ to pursuant to 23 U.S.C. 134 and 135 contain a definitions section, the mean any agency established within the because TIPs and STIPs are statutorily Department determined that it would be Department, and cross reference to the exempt from review under NEPA helpful to define certain terms to reduce list of the current OAs in 49 CFR 1.3. pursuant to 23 U.S.C. 134(q) and 23 ambiguity as to certain terminology As noted in Section II of this U.S.C. 135(k), respectively. In addition, used in this proposed rule and by the rulemaking, to improve readability of the section would clarify, consistent Department’s NEPA practitioners. This this proposal, ‘‘OA’’ would also include with 40 CFR 1501.1(a)(5) and proposed section would incorporate by a Secretarial Office where that office is 1507.3(d)(5), and with Department of reference the definitions from the CEQ carrying out its own NEPA Transportation v. Public Citizen, 541 regulations set forth in 40 CFR 1508.1, responsibilities. and supplement those definitions where U.S. 752 (2004), that a proposal is not § 13.5 Environmental Review Policy an action subject to NEPA if the necessary. This section would define proposal is ministerial in nature; if the the following terms: This proposed section would set forth Department lacks discretion to consider (a) Applicant. This definition would the Department’s policies for evaluating the environmental impacts in making define ‘‘applicant’’ broadly to reflect the environmental impacts caused by the decision; or if the Department does variety of applicants encountered across Department actions. This section would not have responsibility for, or cannot the Department. This definition also modify language previously contained control, the outcome. DOT recommends would recognize that some OA NEPA in sections 1 and 2 of the 1985 that OAs identify any specific implementing procedures (OA procedures and would state in proposed additional activities or decisions to Procedures) provide that the applicant paragraphs (a), (b), and (c) that the which NEPA does not apply, consistent will carry out some of the policy of the Department is to: Integrate with 40 CFR 1501.1 and 1507.3(d), as responsibilities of the OA on its behalf, Federal environmental objectives into appropriate, in their own implementing and therefore could conduct activities Department programs while avoiding or procedures as stated in § 13.7(c)(1). under the Department’s NEPA minimizing adverse environmental The Department proposed to use procedures on behalf of that OA. This effects wherever practicable; ‘‘rulemakings’’ rather than the phrase definition is intended to provide synchronize NEPA and other ‘‘rulemaking and regulatory actions’’ as flexibility to OAs that administer environmental requirements into a used in DOT Order 5610.1C because the programs where applicants are single, concurrent process; and apply term rulemaking already encompasses responsible for preparing NEPA sound science, reliable data, and a regulatory actions by its definition. In documents on behalf of OAs. This systematic interdisciplinary approach. addition, the Department does not includes State DOTs, transit agencies, The Department’s policies further include ‘‘research activities’’ because and other applicants that prepare NEPA statutory directives set forth in section most of the Department’s research documents or carry out other 1313 of the FAST Act to: Develop a activities would not have environmental responsibilities for the NEPA process coordinated and concurrent impacts subject to NEPA. To the extent pursuant to OA NEPA procedures. For environmental review and permitting that a research activity is an action, it purposes of this part, the definition of process for transportation projects as may be appropriate to categorically ‘‘applicant’’ does not include States that well as align Federal reviews; reduce exclude an action under CE #9. are assigned environmental review permitting and project delivery References to other environmental responsibilities pursuant to a timelines; and facilitate interagency requirements are updated and memorandum of understanding collaboration. Accordingly, proposed reorganized. The Department therefore executed pursuant to statutory authority paragraphs (d) and (e) would include proposes to list certain authorities under 23 U.S.C. 326 and 327. States that instructions to: Maximize the use of previously listed in paragraph 3 of the carry out such assignments are deemed proven strategies to complete the Introduction section of the 1985 to be OAs for purposes of this part. environmental review process procedures in Appendix C of proposed (b) Environmental review process. efficiently; and encourage meaningful, part 13. In addition, the Department The Department would include this proactive, open, and transparent public would not include statutory references term to emphasize that the Department participation and collaboration. that are not broadly applicable to the strives to comply not just with NEPA, In addition, this proposed section Department, are substantively addressed but with all applicable environmental would not include certain policy elsewhere in the proposed rule, or are requirements in a single process, so as language from the 1985 procedures to

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update and align the Department’s 40 CFR 1508.1(dd). CEQ acknowledged NEPA, the CEQ regulations, this processes with the updated CEQ that multiple individuals may carry out proposed rule, and other applicable regulations and statutory provisions these responsibilities in agencies that laws; charge OGC with providing legal contained in section 1301 of MAP–21 have subunits with their own agency sufficiency determinations on (set out at 23 U.S.C. 101 note) directing procedures or NEPA compliance Department NEPA documents; and the Department to accelerate programs. 85 FR 43304, 43315 (July 16, charge OGC with coordinating with OAs transportation project delivery, reduce 2020). Within DOT, OAs carry out their and the Department of Justice on NEPA- costs, and ensure that transportation own NEPA compliance programs. related litigation. projects are completed in a streamlined Accordingly, proposed paragraph (a) Proposed paragraph (d) would manner and that environmental reviews would identify the Assistant Secretary identify this proposal as a supplement are efficient and effective. The for Transportation Policy (Assistant to CEQ regulations that sets forth Department will continue to conduct Secretary) as the senior agency official procedures specific to Department environmental reviews consistent with responsible for implementing NEPA, actions, with which all OAs must 40 CFR 1501.3 and other authorities, establishing NEPA policy, and comply. This provision originally where applicable, including Section 4(f) identifying the OA that will serve as the appeared in the Introduction section of (23 U.S.C. 138 and 49 U.S.C. 303). For lead agency for all actions taken by the the 1985 procedures. purposes of streamlining the Department pursuant to 49 CFR Proposed paragraphs (e)(1) through (5) procedures, the Department would 1.25a(a)(2). For example, to create would require each OA to issue or clarify in Appendix C its expectation efficiencies, the senior agency official modify its NEPA implementing that OAs would integrate into the NEPA may designate one OA to act as the lead procedures through an Order or process compliance with substantive agency and to prepare the regulations consistent with this environmental laws. As to this section, environmental documentation on behalf proposal, the CEQ regulations, and other the Department is of the view that it is of all OAs for certain actions, such as applicable laws. This section would also not necessary to include specific when a multimodal project receives outline the minimum requirements of references regarding: Preservation of the funding from or requires approval by each OA’s procedures, and the process natural beauty of the countryside and one or more OAs. In addition, consistent that OAs may use to revise existing or public park and recreation lands, with CEQ’s direction and to maximize create new provisions. This direction wildlife and waterfowl refuges, and efficiency, these procedures would, in was originally found at section 20 of the historic sites; preservation, restoration, certain instances, permit an OA 1985 procedures and has been updated and improvement of wetlands; Administrator to carry out the to reflect the updated CEQ regulations improvement of the urban physical, responsibilities of a senior agency (85 FR 43304 (July 16, 2020)). Finally, this proposed section would authorize social, and economic environment; and official at an OA level. For example, OAs, subject to 40 CFR 1507.3(a), to rely provision of opportunities for paragraph (c) of § 13.19 would permit on their existing procedures until their disadvantaged persons. These matters either the Assistant Secretary or an OA new procedures are reviewed and are otherwise covered in substantive Administrator to act as the senior revised, and to use, on a discretionary environmental laws. agency official for purposes of allowing The Department would not include an OA to exceed the presumptive limit basis, portions of the Department’s language stating that the EIS, FONSI, of 75 pages and to establish a new page procedures to the extent such direction has not been incorporated into the OA’s and determination that a proposed limit for the EA. Similarly, for purposes procedures. action is categorically excluded serve as of setting EA time limits for EAs, the record of compliance with the paragraph (c) of § 13.19 would authorize § 13.9 Planning and Early Department’s environmental review either official to set new time limits. Coordination Finally, consistent with the policy, NEPA procedures, and other Proposed § 13.9 would retain the environmental statutes and Executive Department’s Interim Guidance on Page Limits for National Environmental direction provided in the 1985 orders. The proposal recognizes that an procedures at section 3, ‘‘Planning and EIS contains analyses, but is not a Policy Act Documents and Focused Analyses (84 FR 44351 (August 23, Early Coordination,’’ and would decision document like a FONSI or CE incorporate direction for the early determination, and an EIS alone is not 2019)), the Department would reserve to the Assistant Secretary in § 13.23(f) portions of the NEPA process. Proposed final agency action. See 40 CFR paragraph (a) is intended to implement 1500.3(c) and 85 FR at 43318. through (g) similar decisionmaking authority for EISs. MAP–21 sec. 1320, which encourages B. Subpart B—NEPA Review Process Proposed paragraph (b) would agencies to coordinate with one another identify the Office of the Secretary of ‘‘at the earliest practicable time.’’ § 13.7 Managing NEPA Compliance Transportation, Office of Policy Consistent with 40 CFR 1501.2(a), Proposed § 13.7 would be a new Development, Strategic Planning, and proposed paragraph (a)(1) would addition to the Department’s Performance (Office of Policy) as the encourage early and ongoing implementing procedures. This section responsible office for NEPA coordination, and would require early would list the roles and responsibilities implementation and compliance with efforts to identify the purpose and need, within the Department for related environmental requirements, environmental impacts, reasonable implementing NEPA, the CEQ and as the source of additional alternatives, and measures to avoid, regulations, this proposed rule, OA environmental review process minimize, or mitigate adverse implementing procedures, and other information. It would require OAs to environmental impacts, as appropriate. applicable laws. consult with the Office of Policy, and in Consistent with requirements in 40 CFR The CEQ regulations introduce the turn with the Office of the General 1506.1, the proposed paragraph (a)(2) term ‘‘senior agency official’’ to Counsel (OGC), in certain situations. would include a general prohibition differentiate between an agency Proposed paragraph (c) would against taking actions that will have an decisionmaker for an individual action identify OGC as legal counsel to the adverse environmental impact or limit and the agency official who oversees the Office of Policy on topics related to the the choice of reasonable alternatives agency’s overall compliance with NEPA. implementation and interpretation of until after a final NEPA determination is

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made; and it would set forth notification purpose and need and range of requirements related to issue elevation requirements should the OA become alternatives in consultation with the and resolution outlined in section 6002 aware that such an action may have cooperating agency. In addition, the of SAFETEA–LU, 40 CFR 1504.2, and been taken. Proposed paragraphs (b) and lead agency would be responsible for 1504.3(d) through (h), Executive Order (c) would build on section 3(b) of the creating and updating the project (E.O.) 13807, and the September 7, 1985 procedures. Proposed paragraph schedule in coordination with the 2012, CEQ/OMB joint ‘‘Memorandum (b) would require OAs to ensure that cooperating agencies. Finally, proposed on Environmental Collaboration and applicants are aware of environmental paragraph (d) would recommend Conflict Resolution.’’ Proposed review and analysis requirements. inviting agencies that may have an paragraph (e)(2) would include with Proposed paragraph (c) would require interest in the proposed action and are revisions section 10 of the 1985 coordination with other OAs; Federal, not cooperating or lead agencies to procedures, ‘‘Pre-decision Referrals to State, Tribal, and local resource and participate in the environmental review the Council on Environmental Quality’’. regulatory agencies; stakeholders; and process. This approach is similar to the This proposed paragraph would address the public to comply with NEPA and participating agency role set forth in 23 the internal process for addressing or other relevant statutes, regulations, and U.S.C. 139(d). Since applicants may making referrals to CEQ. Overall, the Executive Orders. Proposed paragraph carry out the responsibilities of the OA process would remain the same, with (d) would encourage reliance on on its behalf, this proposal would not revisions to reflect current practices for information developed during the include the requirement from the 1985 internal clearance and documentation planning process to avoid duplicating procedures for applicants to serve as requirements. efforts in the NEPA process. This joint lead agencies. Proposed paragraph (f) would provide proposal would encourage direction on the use of tiering to § 13.13 General Principles for the consideration of environmental impacts improve or simplify the environmental NEPA Review Process during transportation planning; analysis of actions that are similar or however, this process is explicitly This proposal would include a new broad in nature, or when future exempted from NEPA pursuant to 23 proposed § 13.13. This proposed decisions or unknown future conditions U.S.C. 134(q) and 135(k). Nevertheless, addition would build upon several preclude a complete NEPA analysis, in accordance with MAP–21 sec. 1310 provisions from the 1985 procedures, consistent with 40 CFR 1501.11 and and FAST Act sec. 1305, this proposal including section 2, ‘‘Policy and Intent;’’ 1502.4(b)(2). It also would encourage would recognize the statutory section 7, ‘‘Preparation and Processing the use of programmatic approaches framework that permits the products of of Draft Environmental Statements;’’ with resource or regulatory agencies, statewide and metropolitan planning section 10, ‘‘Predecision Referrals to the where possible. This instruction is processes to be adopted for use in the Council on Environmental Quality;’’ consistent with MAP–21 sec. 1305, NEPA process. Proposed paragraph (e) and section 14, ‘‘Citizen Involvement which modified the environmental would discuss the use of the scoping Procedures.’’ review process mandated in sec. 6002 of process in early coordination to identify Proposed paragraph (a) would address SAFETEA–LU by explicitly authorizing significant issues and to ensure early the integration, to the maximum extent the Department to use programmatic public involvement in the NEPA possible and at the earliest possible approaches to conduct environmental process. It further would instruct OAs to time, of all environmental reviews into reviews. 23 U.S.C. 139(b). use early coordination tools to the NEPA process to create a single Proposed paragraph (g), which is accelerate the EIS process. environmental document. consistent with 40 CFR 1501.6(c), To expedite project delivery, 1505.2(a)(3) and 1505.3, would instruct § 13.11 Lead, Cooperating, and proposed paragraph (b) would instruct OAs to identify in the FONSI or ROD Participating Agencies OAs to incorporate by reference those measures that the lead agency is Proposed § 13.11 would include previously prepared and publicly adopting and committing to implement. language, with minor revisions, available analyses, whenever possible, Due to the importance of ensuring generally consistent with section 6 of and to include a brief summary of the implementation of mitigation measures, the 1985 procedures, ‘‘Lead Agencies material in the NEPA document. OAs would be instructed to take and Cooperating Agencies.’’ This Proposed paragraph (c) would set appropriate steps to ensure that these section would outline the forth general requirements for NEPA mitigation measures are implemented, responsibilities of lead, joint lead, documents, in accordance with 40 CFR including, for third-party actions, by cooperating, and participating agencies 1500.4(d), 1502.2(a) and (c), and 1502.8, conditioning the agency decision upon consistent with the CEQ regulations, the including that they be written in plain the performance of the mitigation appropriate timing for coordination language and that they address impacts commitments. Where legal authority with cooperating agencies, and in proportion to their significance. exists, OAs would be permitted to protocols for coordinating with agencies Proposed paragraph (d) would require provide for mitigation monitoring. that decline a DOT-requested OAs to use an interdisciplinary Proposed paragraphs (h)(1) and (2) cooperating agency status. This section approach, consistent with 40 CFR would identify public involvement as would align with the update to the CEQ 1502.6, and provide that they may use an important part of each stage of the regulations, 40 CFR 1501.7 and 1501.8, professional services but must have staff development of a proposed action that to highlight the responsibilities of the with the capacity to evaluate these should begin as early as reasonable and lead agency, including the services and must take responsibility for should be integrated into the NEPA responsibility to issue a single the final content of their NEPA process. The language would remain environmental document, single FONSI, documents, consistent with 40 CFR relatively unchanged from the original or single ROD for the lead and 1506.5 and 1507.2. section 14 of the 1985 procedures, but cooperating agencies, the responsibility Proposed paragraph (e) would has been updated to include modern to determine the scope and significant promote the use of informal conflict technologies, such as using social issues to be analyzed in depth in the resolution as well as environmental media. Because the CEQ regulations environmental impact statement, and collaboration and conflict resolution provide flexibility with regard to public the responsibility to determine the (ECCR), consistent with the applicable hearings, the Department does not

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include section 14(e) of the 1985 term is defined in E.O. 13807. These EIS. Proposed paragraph (b) would procedures. The revised provision reporting standards have been subject to provide a list of extraordinary provides flexibility in implementation modification since first established in circumstances that an OA must consider and recognizes the importance of 2016 and may be subject to additional before applying a CE listed in proposed various engagement strategies. In revisions in the future. Accordingly, the Appendix A of part 13. These represent addition, the proposed rule states that proposed rule would include only a circumstances in which a normally that methods to solicit the views of the high-level reference to the reporting excluded action may have significant public should be tailored to reach those requirements, while the specifics are environmental effects; this updated list persons who are interested or affected addressed in the Reporting Standards to would add substantial increases of noise by the action, and NEPA documents make it easier to revise as necessary. in a noise-sensitive area; substantial adverse effects on a species listed or should be made available online where § 13.15 Determination of the Level of proposed to be listed on the List of appropriate and practicable. Finally, NEPA Review this provision would incorporate CEQ’s Endangered or Threatened Species, or requirements from 40 CFR 1500.3(b), Proposed § 13.15 would include with designated Critical Habitat for these 1500.4(n), and 1503.3, that public modifications the 1985 procedures at species; a site that involves a unique comments be solicited as early in the section 4, ‘‘Environmental Processing characteristic of the geographic area, process as possible, that they be Choice.’’ The discussions of CEs and such as prime or unique agricultural specific, and that OAs provide notice EAs in section 4 would be addressed in land, a coastal zone, a historic or that comments not submitted shall be proposed §§ 13.17 and 13.19, cultural resource, park land, wetland, forfeited as unexhausted. respectively, and the list of references to wild and scenic river, designated Proposed paragraph (i) would OA CEs would be addressed in wilderness or wilderness study area, recognize that NEPA decisionmaking Appendix B. Proposed paragraph (a) sole source aquifer (potential sources of may not be delegated to third parties, would require OAs to establish the drinking water), or an ecologically but that many NEPA documents are appropriate scope of the proposed critical area; as well as inconsistency prepared by third parties. Accordingly, action using, as applicable, the criteria with any applicable Federal, State, or this paragraph would address the use of in 40 CFR 1501.9(e) to determine the local air quality standards, including contractors in preparing NEPA appropriate level of NEPA review. those under the Clean Air Act, as documents and set forth requirements Proposed paragraph (b) would instruct amended; substantial short-or long-term consistent with 40 CFR 1506.5, which OAs to ensure that the scope of a increases in traffic congestion or traffic require OAs to provide guidance, proposed action has independent utility volumes on any mode of transportation; participate in the preparation of, and or significance and does not or substantial impacts on the independently review and assume unreasonably restrict the consideration environment resulting from the responsibility for the content of all of alternatives for other reasonably reasonably foreseeable, reportable NEPA documents. OAs would retain foreseeable actions to ensure meaningful release of hazardous or toxic substances. responsibility for the documents’ and objective evaluation of alternatives. This list only would be applicable to the accuracy, scope, and contents. The Proposed paragraph (c) would require CEs listed in proposed Appendix A of section also would provide guidance for analysis of the potentially affected part 13. However, when updating OA environment and the degree of the the selection of contractors. The Procedures, OAs would be directed to effects in considering significance, Department notes that OA procedures consider whether any of the consistent with 40 CFR 1501.3(b), which may include different requirements extraordinary circumstances provided includes consideration of short- and regarding the OA’s use of contractors. in proposed paragraph (b) are long-term effects, beneficial and adverse See, e.g., 23 U.S.C. 112. appropriate to add to their list. Proposed paragraph (j) would effects, effects on public health and Under section 1314 of MAP–21, incorporate existing NEPA tracking safety, and effects that would violate Congress first amended 49 U.S.C. 304 to requirements at 40 CFR 1501.7(i), Federal, State, Tribal, or local laws establish a process by which OAs could 1501.9(d)(5), and 1507.4 under which protecting the environment where the apply CEs to multimodal projects, as certain OAs must report applicable effects are reasonably foreseeable and that term is defined in 23 U.S.C. 139(a). actions on the Permitting Dashboard, have a reasonably close causal Through section 1310 of the FAST Act, www.permits.performance.gov. The relationship to the proposed action (see Congress later amended 49 U.S.C. 304 1508.1(g)). Proposed paragraph (d) DOT Reporting Standards 3 clarify so that one OA could apply the CE would reflect the Office of Policy’s role which OAs and which projects must be established in the procedures of another as the responsible office for NEPA tracked. Currently the DOT Reporting OA for multimodal projects, as defined implementation and compliance and Standards require the Federal Highway in 23 U.S.C. 139(a)(5). Proposed provide guidance to OAs to notify the paragraph (c) would implement these Administration, Federal Transit Office of Policy for situations involving authorities departmentwide. Administration, Federal Railroad unresolved disagreements between the The CEQ regulations allow agencies to Administration, and Federal Aviation OA and an applicant regarding the establish a process to use other Federal Administration (including Stage appropriate level of NEPA review. agencies’ CEs for their proposed actions agencies with NEPA assignment after consultation with the other pursuant to 23 U.S.C. 327) to track all § 13.17 Categorical Exclusions agencies to ensure that use of their CEs EAs and EISs for infrastructure projects. Section 13.17 would provide an is appropriate. The regulations require In addition, the DOT Reporting update to the 1985 procedures at section documentation of the consultation and Standards reflect the E.O. 13807 4(c), ‘‘Categorical Exclusions.’’ Proposed identification to the public of those CEs requirement that all OAs must track paragraph (a) would provide the that the OA may use for its proposed major infrastructure projects, as that definition of CEs, consistent with 40 actions. 40 CFR 1507.3(f)(5). DOT CFR 1508.1(d) and 1501.4, and the requests comments on whether the 3 The DOT Reporting Standards are available at: http://www.transportation.gov/transportation- requirement to consider whether Department should create such a policy/permittingcenter/federal-permitting- extraordinary circumstances are present process and on the design of any such dashboard-reporting-standard. such that the OA must prepare an EA or process, or whether it is more

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appropriate to direct each OA to activities. The first would cover the update the 1985 procedures at section develop a process in its own OA promulgation, modification, or 4(d), ‘‘Environmental Assessment,’’ Procedures. If the departmental revocation of rules and development of which provided guidance for the procedures were to include such a policies, notices, and other guidance preparation of EAs. In accordance with process, the provisions could describe documents that are strictly 40 CFR 1501.5 and 1508.1(h), proposed the agency process under which an administrative, organizational, or paragraph (a) would explain when an agency may borrow another agency’s procedural in nature; or are corrective, EA must be prepared. Proposed CE, including describing the proposed technical, or minor (proposed CE 10). paragraph (b) would provide the action, identifying potentially The second CE would cover the required elements for an EA, consistent applicable CEs, documenting the promulgation, modification, revocation, with 40 CFR 1501.5, while proposed applicability analysis, consulting with or interpretation of safety standards, paragraph (c) would set forth an EA the originating agency, keeping records, rules, and regulations that do not result page limit of 75 pages consistent with and providing public notice. The in a substantial increase in emissions of 40 CFR 1501.5(f) unless a senior agency Department will consider appropriate air or water pollutants, noise, or traffic official approves in writing an EA to measures or provisions if it elects to congestion, or increase the risk of exceed 75 pages and establishes a new establish such a process. reportable release of hazardous page limit. It also would outline the The CEQ regulations require agencies materials or toxic substances (proposed senior agency official approval required to review their existing NEPA CE 11). to exceed page limits beyond these procedures to ensure that they are Finally, proposed CE 5 would modify lengths. This paragraph would require consistent with CEQ’s revised existing CE 5 from the 1985 procedures, the EA to be concise and to correlate to regulations and to adopt, as necessary, which incorporates by reference CEs the magnitude of the proposed action agency procedures that improve agency identified in OA Procedures, and would and its anticipated impacts. Proposed efficiency. 40 CFR 1507.3(b), 40 CFR expressly allow one OA to apply the CE paragraph (d) would provide the 1501.4(a). The Department undertook of another OA. In order to apply a CE requirement that an EA should be such a review, and Appendix A would listed in another OAs procedures, the prepared within one year from the update and maintain a list of OA that has established the CE in its agencies’ determination to prepare an Departmental CEs. Based on its review, procedures must confirm that the OA EA consistent with 40 CFR the Department would propose to add administering the action is applying the 1501.10(a)(1). If, during development of 11 new CEs, eliminate existing CE 3 and CE appropriately, and that the action to the EA, the OA concludes that there will the subpart for existing 6b, and modify which the CE is being applied was be significant impacts and therefore the remaining five existing CEs. contemplated when the CE was would not issue a FONSI, the OA would Modifications to existing CEs would established. Therefore, the Department issue an NOI, and the time limits for provide clarity and reflect the would revise the CE to read, ‘‘Action EISs would apply consistent with 40 Department’s experience with these categorically excluded in an OA’s CFR 1501.10(a)(1). activities. The Department provides procedures where the action is additional information and justification administered by another OA. The OA Proposed paragraph (e) addresses the for updating the existing CEs and with the CE must provide a written alternatives analysis for EAs, which may supporting the new CEs in the docket determination that the CE applies to the be limited to the proposed action and no for this rulemaking. action proposed by the other OA and action alternative, and may be analyzed The proposed rule would re-order and must provide expertise in reviewing the to a degree commensurate with the re-number the Departmentwide CEs action being categorically excluded.’’ nature of the proposed action and the from the 1985 procedures. In the new Over the last decade, the Department OA’s experience with the potential proposed CEs, the Department has has implemented a number of new environmental impacts of similar identified routine operational activities, programs and projects that go beyond projects. OAs would be instructed to including training and educational the bounds of a particular OA. This indicate a preferred alternative in the activities (proposed CE 3); leasing of updated CE would allow the EA, if one has been identified. For those space in existing buildings (proposed Department the flexibility to administer alternatives that were considered and CE 6); remodeling existing facilities its projects and programs more eliminated, the OAs would be directed (proposed CE 7); landscaping and effectively and efficiently, taking to provide a brief justification of these landscape maintenance that does not advantage of multiple OAs’ resources decisions in the EA. Proposed paragraph cause introduction or spread of invasive and expertise, while ensuring that CEs (f) would note that EAs should reflect species (proposed CE 8); investigations, are appropriately applied to proposed compliance or plans for compliance research activities, and studies actions. For example, the Department with other applicable environmental (proposed CE 9); hearings and public may ask one OA to administer a grant requirements, 40 CFR 1501.5(g)(3) and meetings (proposed CE 12); because it has extensive experience with 1502.24, and proposed paragraph (g) administrative actions and proceedings that type of grantee, but the underlying would require an OA to evaluate the (proposed CE 13); financial assistance to project falls within the environmental environmental issues independently an applicant solely for the purpose of expertise of another OA. The latter OA and take responsibility for the accuracy, refinancing outstanding debt, where the would determine whether application of scope and contents of EAs prepared by debt funds an action that is already its CEs to the project is appropriate applicants, 40 CFR 1506.5(b)(2). completed as a categorically excluded because it is contemplated within that Proposed paragraph (h) would require activity (proposed CE 14); and certain category of action and whether any OAs to involve the public, State, Tribal agreements concerning foreign extraordinary circumstances are present and local governments, relevant governments, foreign civil aviation such that preparation of an EA or EIS agencies, and any applicants to the authorities, and international may be required. extent practicable, 40 CFR 1501.5(e), organizations and the implementation of and to make EAs available to the public, such agreements (proposed CE 15). § 13.19 Environmental Assessments 40 CFR 1506.6(b) and 1501.6(a)(2). It This rule also would add two new Proposed § 13.19 is a new section to would allow OAs to use their discretion CEs relating to rulemaking and policy address the preparation of EAs; it would to determine if a draft EA should be

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released for public comment, though and final EISs in proposed § 13.23, and the draft EIS should identify the OA’s OAs would be required to address address requirements specific to draft preferred alternative(s), if one or more substantive comments in the final EA or EISs (DEISs) in proposed § 13.25, and exists, unless in conflict with other FONSI. FEISs in proposed § 13.27. Generally, laws; otherwise the OA should provide these sections would set forth the agencies and the public with the § 13.21 Findings of No Significant opportunity to assess the environmental Impact requirements from the CEQ regulations, including those in 40 CFR part 1502, consequences of the preferred Proposed § 13.21 would incorporate and update the information previously alternative prior to issuing a combined with updates section 5 of the 1985 included in the 1985 procedures at FEIS/ROD, or the OA should provide procedures, ‘‘Finding of No Significant section 7, ‘‘Preparation and Processing the public with an opportunity to Impact,’’ continuing to focus on the CEQ of Draft Environmental Statements,’’ evaluate the preferred alternative during regulatory requirements for a FONSI set section 8, ‘‘Inviting Comments on the a waiting period after the publication of forth in 40 CFR 1501.6. Consistent with Draft EIS,’’ and section 11, ‘‘Final the notice of availability of the FEIS. that provision, proposed paragraph (b) Environmental Impact Statements.’’ Proposed paragraph (f) would require would set forth the circumstances when However, generally applicable OAs to comply with document page an OA may issue a mitigated FONSI, instructions from these provisions in the limits in accordance with 40 CFR including identifying the mitigation 1985 procedures would be addressed in 1502.7. Proposed paragraph (g) would measures necessary to reduce the proposed § 13.9. require that EISs be completed within potential impacts below a level of Proposed paragraph (a) of proposed two years from NOI to ROD. OAs must significance; ensuring the existence of obtain approval from the Assistant sufficient legal authority and adequate § 13.23 would set forth when NEPA requires an EIS (42 U.S.C. 4332(2)(C)), Secretary to exceed this time frame, commitment and resources to execute consistent with 40 CFR 1501.10(b)(2). the mitigation measures; requiring and for clarity and consistency with 40 CFR 1507.3(e)(2), would note that Proposed paragraph (h) would reflect implementation of the mitigation Departmental policy and CEQ measures in any agreement with an examples of typical actions that require an EIS are listed in OA Procedures. regulations at 40 CFR 1502.11(g) to outside party; and where appropriate, require OAs to include the total cost of Proposed paragraph (b) would instruct providing for monitoring and further the EIS on the cover page of an FEIS and OAs to prepare a notice of intent to action when there is a failure to a supplemental EIS. The amount prepare an EIS and publish it in the implement mitigation measures or a reported would include the entire cost Federal Register, 40 CFR 1501.9(d) and failure in their effectiveness. of the environmental review. Proposed 1508.1(u). Proposed paragraph (c) As OAs, must make FONSIs available paragraph (i) would set forth the would set forth scoping requirements to the public as specified in 40 CFR requirement to file EISs with the pursuant to 40 CFR 1501.9, 1506.3, and 1501.6, this section would not include Environmental Protection Agency (EPA) 1508.1(cc), including the actions, the unnecessary instructions contained pursuant to 40 CFR 1506.10 and would alternatives, and impacts that must be in section 5(c) of the 1985 procedures note EPA’s guidance on filing. Proposed regarding internal coordination of considered when determining the paragraph (j) would address public FONSIs and circulation of Notices of appropriate scope of issues to be notice and notice of availability Availability to State and area-wide addressed in the EIS. The scoping requirements consistent with 40 CFR clearinghouses. The proposed rule also process must consider the type of action 1506.6. This proposed rule would does not include the instruction in and determine the level of NEPA remove from Attachment A of Order section 5(c) that consultation with other review. (See Section 13.15(c)). To 5610.1C additional guidance not Federal agencies concerning Section 4(f) determine whether the effects of the required under the CEQ regulations. (23 U.S.C. 138/49 U.S.C. 303), the proposed action are significant, the OA Finally, proposed paragraph (k) would National Historic Preservation Act, must analyze the degree of the effects of set forth the timing requirements for the Clean Water Act Section 404 permits, the proposed action relative to the OA’s final decision, including the and other Federal requirements should affected environment consistent with 40 ability to reduce or extend time periods. be accomplished prior to or during the CFR 1501.3. Proposed paragraph (d) 30-day period. This requirement to would instruct OAs to provide early § 13.25 Draft Environmental Impact consult applies to all EAs, not just when notice and solicit the views of any State Statements a 30-day public comment period is or Federal land management entity that As noted in the discussion of required. Rather than providing in this may be significantly affected by an proposed § 13.23, proposed § 13.25 proposed rule specific direction on action proposed by a State agency or would address requirements specific to compliance with substantive official with statewide jurisdiction (42 the preparation of DEISs. Proposed requirements contained in other U.S.C. 4332(2)(d)). Proposed paragraphs paragraph (a) would encourage early environmental statutes, the Department (e)(1) through (6) would, consistent with preparation of the DEIS to ensure that instead proposes to include in 40 CFR part 1502, address the format the decisionmaker can meaningfully Appendix C a non-exhaustive list of and content of EISs, including purpose consider the analysis in the relevant environmental reviews, and need, alternatives, affected decisionmaking process. 40 CFR 1502.5. authorizations, and consultations that environment, environmental Proposed paragraph (b) would OAs would be expected to integrate into consequences, mitigation, and the encourage OAs to indicate in the DEIS the NEPA process. summary of submitted alternatives, when they intend to issue a combined information, and analyses. The detailed FEIS/ROD pursuant to 49 U.S.C. 304a(b) §§ 13.23–13.27 Environmental Impact discussion of the contents of an EIS that or 23 U.S.C. 139(n). To ensure Statements is in Attachment 2 to the 1985 meaningful participation in the Proposed sections 13.23 through procedures, as well as discussions environmental review process, proposed 13.27 would address the requirements regarding documenting impacts to paragraph (c) would set forth the for EISs. To improve clarity, the specific resources, is not included in the specific circulation and request for Department would include the proposed rule. Specifically, proposed comment requirements for DEISs. requirements that apply to both draft paragraph (e)(2) would emphasize that Pursuant to the updated CEQ

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regulations, an OA must provide for the proposed action or the impacts of considered all the alternatives, electronic submission of public the proposed action. When an OA is the information, and analyses, and comments as well as ensure that the lead agency and there are cooperating objections submitted for consideration comment process is accessible to agencies, the cooperating agencies must, by the lead and cooperating agencies in affected persons. See 40 CFR 1503.1(c). to the extent practicable, issue the FEIS/ developing the EIS. FEISs certified in ROD jointly with the OA pursuant to 40 accordance with 40 CFR 1505.2(b) are § 13.27 Final Environmental Impact CFR 1501.8(b)(8). entitled to a presumption that the Statements To ensure the integration of all agency has considered the submitted As noted in proposed § 13.23, environmental reviews into the NEPA alternatives, information, and analyses proposed § 13.27 would address process, proposed paragraph (d) would including the summary in the FEIS. requirements specific to the preparation direct the FEIS to reflect compliance or Proposed paragraph (d) would clarify of FEISs and the Department’s unique plans for compliance with other that the ROD should not repeat the statutory authorities. For example, environmental requirements; should analysis in the EIS, but should section 1319(a) of MAP–21 clarified that such compliance not be possible by the document the OA’s decision and briefly the lead agency can issue an FEIS that time the FEIS is prepared, proposed discuss compliance with environmental consists of ‘‘errata pages’’—rather than a paragraph (d) would direct OAs that the laws applicable to the action or complete, stand-alone document—if the document should reflect consultation procedures, and expected timeframe for agency received only ‘‘minor with the appropriate agencies and completion of such compliance. Finally, comments’’ on the DEIS. This flexibility provide reasonable assurance that the to reflect the Department’s policy of existed under the CEQ regulations even OA can meet the requirements. This using an interdisciplinary approach, before the enactment of MAP–21; rule would not include section 12 of the proposed paragraph (e) would allow however, section 1319(a) confirmed that 1985 procedures, ‘‘Determinations OAs to discuss preferences among this format is acceptable. It also required Under Section 4(f) of the DOT Act,’’ as alternatives based on relevant economic, that errata pages ‘‘(1) cite the sources, discussion of determinations under technical, or other factors, and OA authorities, or reasons that support the Section 4(f) is outside the scope of the mission and authority. position of the agency’’ and ‘‘(2) if Department’s NEPA implementing appropriate, indicate the circumstances procedures. Proposed paragraph (e) § 13.31 Adoption that would trigger agency reappraisal or would reiterate existing delegations for Proposed § 13.31 would introduce a further response.’’ approval of FEISs. Proposed paragraph new section that is not in the 1985 In addition, section 1319(b) of MAP– (f) would set forth the Department’s procedures. This section would address 21 provided authority to issue a policy to notify the Office of Policy for adoption of NEPA documents pursuant combined FEIS/ROD. The FAST Act certain FEISs. Finally, to ensure to the CEQ regulation, 40 CFR 1506.3, repealed this provision and codified meaningful participation in the and the Department’s discretionary identical provisions at 49 U.S.C. 304a environmental review process, proposed adoption authority under 49 U.S.C. and 23 U.S.C. 139. These provisions paragraph (g) would address circulation 304a(c)(2). Proposed paragraph (a) direct the Department, when it acts as requirements for the FEIS. would discuss the adoption by OAs of the lead agency, to issue the FEIS and EISs prepared by a lead agency on an ROD as a single document ‘‘to the § 13.29 Records of Decision action for which the OA is a cooperating maximum extent practicable,’’ unless (1) This new section would reference agency, in accordance with 40 CFR the FEIS makes substantial changes to requirements for an OA record of 1506.3(b)(2)), while proposed paragraph the proposed action that are relevant to decision (ROD). Proposed paragraph (a) (b) would provide information on environmental or safety concerns; or (2) would implement the requirements of adoption when the OA is not a there are significant new circumstances 49 U.S.C. 304a(b) and 23 U.S.C. 139(n) cooperating agency but the action or information relevant to to develop a combined FEIS/ROD. This covered by the original EIS and the environmental concerns and the paragraph would set forth the 30-day proposed action are substantially the circumstances or information bears on waiting period required by 40 CFR same, including circulation the proposed action or the impacts of 1506.11(b)(2) in those instances where requirements, in accordance with 40 the proposed action. the OA determines it is not practicable CFR 1506.3(b)(1). Proposed paragraph Proposed paragraphs (a) and (b) within the meaning of 49 U.S.C. 304a(b) (c) would cover the full or partial address resolution of comments on the and 23 U.S.C. 139(n) to issue a adoption of EISs when the OA is not a DEIS in the FEIS. Consistent with 40 combined FEIS/ROD. In general, if a cooperating agency and the actions CFR 1503.4, proposed paragraph (a) combined FEIS/ROD will not be covered are not substantially the same, would provide direction on responding prepared, and when the proposal in accordance with 40 CFR 1506.3(b). to comments on the DEIS in the FEIS. requires action by multiple Federal Where the OA was not a cooperating Proposed paragraph (b) would provide agencies, proposed § 13.29 clarifies that agency, proposed paragraphs (b) and (c) for the use of errata sheets consistent the OA should issue a single ROD with direct the OA to issue a combined FEIS/ with 49 U.S.C. 304a(a), 23 U.S.C. 139(n), the other Federal agencies. Furthermore, ROD consistent with the directive in 49 and 40 CFR 1503.4(c). for expediency, proposed § 13.29 would U.S.C. 304a and 23 U.S.C. 139(n). Proposed paragraph (c) would allow the OA to integrate the ROD into Proposed paragraph (d) provides for the implement the requirements of 49 another record or decision document, full or partial adoption of an EA. U.S.C. 304a(b) and 23 U.S.C. 139(n) to such as a final rule. Proposed paragraph Proposed paragraph (e) provides for issue a combined FEIS/ROD to the (b) would set forth the topics to be adoption of a CE determination by maximum extent practicable, unless the addressed in the ROD, including another Federal agency when the action FEIS makes substantial changes to the alternatives, factors balanced in in the original CE determination and the proposed action that are relevant to decisionmaking, and mitigation proposed action are substantially the environmental or safety concerns; or measures. Proposed paragraph (c) same. When doing so, the OA must there is a significant new circumstance includes a requirement that the ROD document the adoption consistent with or information relevant to provide a certification by the 40 CFR 1506.3(d) and proposed section environmental concerns that bears on decisionmaker that the agency has 13.25(b). Proposed paragraph (f) would

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require re-evaluation of an EIS or EA Proposed § 13.35 would address environmental effects of previously that is more than 5 years old prior to its emergency situations in proposed implemented actions, benchmarking full or partial adoption, in accordance paragraph (a) and would provide other Federal agencies’ experience with proposed § 13.33 and 40 CFR mechanisms for NEPA compliance implementing similar categories of 1502.9(d)(4). Proposed paragraph (g) where the OA anticipates significant actions, and relying on the judgment would require filing with the EPA when impacts in proposed paragraph (b) or and expertise of the Department’s NEPA an OA adopts and publish an EIS, and non-significant impacts in proposed practitioners. The Department notes that finally, proposed paragraph (h) would paragraph (c). In both instances, this other Federal agencies have established allow an OA to adopt an EA, DEIS, or section would provide the internal CEs for activities that are similar in FEIS of another OA under 49 U.S.C. coordination process for such nature, scope, and effect on the human 304a(c)(2). compliance. environment. The Department provided for CEQ review the proposed draft § 13.33 Re-Evaluation and § 13.37 Environmental Impact changes and justification for each Supplementation Statements for Legislative Proposals proposed change to the list in this Consistent with 40 CFR 1502.9(d)(4), Proposed § 13.37 would address the appendix. re-evaluation is a longstanding practice requirements for legislative EISs of the Department to determine whether consistent with 40 CFR 1506.8(c)(2). Appendix B to Part 13—List of new information triggers the Consistent with the general updates set Categorical Exclusions in Operating requirement to supplement an EIS forth in Section II of this rulemaking, Administration Procedures pursuant to 40 CFR 1502.9(d). A re- this proposed section would also Appendix B would provide cross- evaluation is a continuation of the incorporate and revise for clarity the references to the OA CEs. The proposal project development process, and it substance of section 15 of the 1985 would incorporate by reference all does not necessarily re-open the NEPA procedures, ‘‘Proposals for Legislation,’’ current CEs established and maintained decision. Proposed § 13.33 would by the OAs for use pursuant to CE #5. update and clarify the existing practice § 13.39 International Actions for re-evaluation outlined in section 19 Proposed § 13.39 would address Appendix C to Part 13—Environmental of the 1985 procedures, ‘‘Time in Effect implementation of Executive Order Requirements for Integration With the of Statements.’’ In addition, the 12114, Environmental Effects Abroad of NEPA Process Department would revise the interval Major Federal Actions addressed in This rule would direct OAs to for re-evaluation from three to five section 16 of the 1985 procedures, coordinate and integrate all relevant years. Proposed paragraph (a)(1) would ‘‘International Actions.’’ 4 This section environmental and planning studies, encourage the use of re-evaluation when would streamline the provision by reviews, and consultations into their there are changes to the proposed action cross-referencing to the E.O., rather than environmental review process. This or new circumstances or information repeating its applicability criteria. It also instruction is consistent with MAP–21 relevant to environmental concerns. would direct OAs to prepare any sec. 1305, and FAST Act sec. 1304, Additionally, proposed paragraph (a)(2) required EIS consistent with this rule which requires the Department to align would require OAs to re-evaluate in and OA procedures. Finally, this section the environmental review process and writing DEISs if the OA has not issued would reflect minor edits for clarity substantive environmental legal an FEIS within five years of circulation consistent with the general updates set compliance. To assist the Department’s of the DEIS, and FEISs if major steps forth in Section II of this NPRM. NEPA practitioners in harmonizing toward implementation have not these reviews, Appendix C would Appendix A—Appendix A to Part 13— commenced within five years of FEIS provide a non-exhaustive list of the List of Departmental Categorical approval. Proposed paragraph (b) would environmental requirements that should Exclusions address the CEQ regulatory criteria for be integrated with the NEPA process. a supplemental EIS, as well as the Appendix A would list the existing, discretion to supplement, circulation revised, and new departmentwide CEs. IV. Rulemaking Analyses and Notices requirements for supplemental EISs, Consistent with the CEQ regulations, (a) Executive Order (E.O.) 12866 and the process for the approval of an agencies or their subunits may (Regulatory Planning and Review), E.O. alternative circulation procedure. 40 determine that certain categories of 13563 (Improving Regulation and CFR 1502.9(d)(1). actions normally do not have significant Regulatory Review), and DOT § 13.35 Emergency Actions environmental impacts and therefore do Regulations (49 CFR Part 5) not require further review under NEPA. Section 1432 of the FAST Act The Office of Information and As discussed in the analysis of proposed provided for exemptions and expedited Regulatory Affairs determined that this § 13.17 in Section III of this rulemaking, procedures for certain environmental rule is a significant regulatory action this proposed rule would clarify which review processes during emergencies. under E.O. 12866, as supplemented by categories of activities are categorically Specifically, section 1432(b)(1) E.O. 13563, because it is related to the excluded and normally would not references alternative arrangements agency’s implementation of the CEQ require additional NEPA analysis. The under 40 CFR 1506.12. Proposed § 13.35 regulations implementing the Department substantiated the proposed concerns such alternative arrangements. procedural requirements of NEPA. new and revised CEs by reviewing EA This new section would also address the E.O. 12866 and E.O. 13563 require and EIS analyses to identify the CEQ regulation on emergencies, 40 CFR agencies to regulate in the ‘‘most cost- 1506.12, and related CEQ guidance. 4 This section addresses compliance with the effective manner,’’ to make a ‘‘reasoned Finally, this section would build on Executive Order rather than NEPA. The Executive determination that the benefits of the section 17(c) of the 1985 procedures, Order’s requirements were not altered by CEQ’s intended regulation justify its costs,’’ ‘‘Timing of Agency Action,’’, which revisions to its NEPA regulations. See CEQ, Update and to develop regulations that ‘‘impose of the Regulations Implementing the Procedural details the internal process for Provisions of the National Environmental Policy the least burden on society.’’. The rule consulting with CEQ concerning Act: Final Rule Response to Comments at 551–52 would implement several changes to emergencies. (July 30, 2020). Department policies, procedures, and

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internal coordination to streamline thereby saving the Department and rule’s economic analysis in section project delivery. project sponsors time and resources in IV(a). Several provisions are expected to document preparation. create one-time de minimis Project sponsors may also incur de (c) Regulatory Flexibility Act administrative costs for the Department, minimis costs from the rule, such as The Regulatory Flexibility Act (RFA), including the requirement that OAs staff time to calculate and provide the (Pub. L. 96–354, 5 U.S.C. 601–612) update their regulations and revise total cost of the environmental review Department policies and processes to process on the final environmental requires an agency to assess the impacts comply with the provisions in the impact statement cover page. However, of proposed and final rules on small regulation. The Department would also the Department expects that project entities unless the agency determines incur ongoing de minimis sponsors would also achieve cost and that a rule is not expected to have a administrative costs due to staff time time savings in the environmental significant economic impact on a required by additional internal reporting review process which would outweigh substantial number of small entities. and coordination. these costs. An emphasis on DOT has evaluated the effects of this The Department expects that the rule programmatic approaches and proposed rule on small entities such as would yield administrative cost savings interagency agreements in this small businesses, small organizations, as a result of better intra- and regulation would save project sponsors and small governmental jurisdictions. interagency coordination and more staff time and resources by reducing Based on the evaluation, the Department efficient program management within environmental impact review times and anticipates that this action would not the Department. The Department by limiting duplicative submissions to have a significant economic impact on expects that these potential cost savings multiple State and Federal agencies. small entities. The proposed rule would from the proposed rule would outweigh Additional internal coordination and not directly regulate small entities, as any one-time or ongoing de minimis reporting requirements would increase the proposed rule applies to the administrative costs. the accountability and transparency of Department and sets for its procedures Several provisions could result in the environmental review process for for implementing the provisions of savings: project sponsors, and will allow for NEPA. Accordingly, the Department • Requiring the use, where earlier identification and mitigation of certifies that this proposed rule would appropriate, of coordination tools risks that could otherwise slow down including programmatic approaches and the overall environmental review not have a significant economic impact interagency agreements would decrease process. The Department also expects on a substantial number of small required staff time and resources by that the provisions on page limits and entities. shortening review times and by an increase in the timeframe that NEPA (d) E.O. 13132 (Federalism) reducing the duplication of efforts by documents remain valid would allow the Department and by State and for savings in environmental document E.O. 13132 requires agencies to ensure Federal resource agencies. preparation. meaningful and timely input by State • Establishing Departmentwide The Department also expects that and local officials in the development of internal reporting and coordination these changes would reduce the time regulatory policies that may have a requirements would allow the required for projects to move through substantial, direct effect on the States, Department to allocate resources better the environmental review process. As a on the relationship between the national to ensure that the environmental review result, projects may be completed government and the States, or on the process remains on schedule while also earlier, and the benefits of distribution of power and transportation infrastructure improving the identification of potential responsibilities among the various improvements or research would accrue issues earlier in the environmental levels of government. DOT analyzed this review process. to the public sooner than they otherwise • Setting presumptive NEPA would have. The Department expects action in accordance with the principles document page limit provisions and that codifying the required online and criteria contained in E.O. 13132. increasing the timeframe that NEPA posting of environmental documents This NPRM would establish internal documents remain valid from three to would also improve the transparency of administrative procedures for the DOT five years would reduce the the environmental review process for to comply with NEPA. This action will Departmental time and resources the public. Finally, shorter not have a substantial direct effect or required to develop, issue, or review environmental documents would federalism implications on the States NEPA documents. facilitate reviews by decisionmakers and and would not preempt any State law or • Allowing OAs to share CEs would the public. The Department has issued regulation or affect the States’ ability to save Department resources and staff a page limits policy memorandum, discharge traditional State governmental time by reducing the number of EAs which would support this proposal, and functions because this proposed rule prepared for categories of projects that which encourages using a clear and applies to the Department, not States. another OA has previously determined concise writing style to meet the page This action contains no Federal would not normally have a significant limits. Such environmental documents mandates for State and local impact on the environment. would be easier to read and may make governments and does not impose any • Introducing Departmentwide CEs it easier for the public to understand the enforceable duties on State and local that include research activities and potential environmental impacts of governments. Because this action rulemakings would reduce the proposed transportation projects. addresses only internal Department administrative costs of conducting those procedures for implementing NEPA, activities. (b) E.O. 13771 (Reducing Regulation • Removing prescriptive EIS contents and Controlling Regulatory Costs) consultation with State or local that were included in Attachment 2 of This proposed rule is expected to be governments is not necessary. The the 1985 procedures would allow an E.O. 13771 deregulatory action. Department notes that some states have documents to be tailored to use a more Details on the estimated cost savings of voluntarily assumed NEPA effective format for communication, this proposed rule can be found in the responsibility pursuant to 23 U.S.C. 327.

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(e) E.O. 13175 (Consultation and Heartwood, Inc. v. U.S. Forest Service, 13.17 Categorical Exclusions. Coordination With Indian Tribal 73 F. Supp. 2d 962, 972–73 (S.D. III. 13.19 Environmental Assessments. Governments) 1999), aff’d, 230 F.3d 947, 954–55 (7th 13.21 Findings of No Significant Impact. Cir. 2000) (holding that a decision to 13.23 Environmental Impact Statements. Pursuant to E.O. 13175, ‘‘Consultation 13.25 Draft Environmental Impact and Coordination with Indian Tribal issue agency NEPA procedures does not Statements. Governments,’’ the Department has require analysis and documentation 13.27 Final Environmental Impact assessed the impact of this proposed under NEPA). The Department’s NEPA Statements. rule on Indian tribal governments and procedures assist the Department in 13.29 Records of Decision. has determined that the proposed rule fulfilling its responsibilities under 13.31 Adoption. would not significantly or uniquely NEPA and the CEQ regulations, but are 13.33 Re-evaluation and supplementation. affect communities of Indian tribal not themselves final determinations of 13.35 Emergency actions. 13.37 Environmental Impact Statements for governments. The proposed rule deals the level of environmental review required for particular actions. The legislative proposals. with administrative procedures for 13.39 International actions. complying with the requirements of the Department also anticipates that this Appendix A to Part 13—List of Departmental NEPA and, as such, has no direct effect rulemaking would be categorically Categorical Exclusions on Indian Tribal governments. Because excluded pursuant to the 1985 Appendix B to Part 13—List of Categorical the proposed rule does not mandate procedures. Accordingly, the Exclusions in Operating Administration Tribal participation in the Department’s Department does not anticipate any Procedures environmental review process, it does environmental impacts from this Appendix C to Part 13—Environmental not impose substantial direct proposal, and there are no extraordinary Requirements for Integration with the compliance costs on Indian tribal circumstances present in connection NEPA Process governments. The proposed rule will with this rulemaking. Authority: 42 U.S.C. 4321–4347; 40 CFR parts 1500–1508; 49 U.S.C. 304; 49 U.S.C. recognize the obligation to and benefit (i) Regulation Identifier Number of including Indian tribes in public 304a; 49 U.S.C. 310; and E.O. 12114, 44 FR engagement strategies to fulfill relevant A regulation identifier number (RIN) 1957, Jan. 9, 1979, 3 CFR, 1979 Comp. is assigned to each regulatory action environmental review responsibilities. Subpart A—General Accordingly, the funding and listed in the Unified Agenda of Federal consultation requirements of Executive Regulations. The Regulatory Information § 13.1 Applicability. Service Center publishes the Unified Order 13175 do not apply. (a) Pursuant to the National Agenda in the spring and fall of each Environmental Policy Act, 42 U.S.C. (f) Paperwork Reduction Act year. The RIN contained in the heading 4321–4347 (NEPA) and the Council on of this document can be used to cross The Paperwork Reduction Act of 1995 Environmental Quality (CEQ) reference this action with the Unified (PRA) (44 U.S.C. 3501 et seq.) requires regulations implementing NEPA, 40 Agenda. that DOT consider the impact of CFR 1500 through 1508, this part paperwork and other information List of Subjects in 49 CFR Part 13 establishes procedures for the collection burdens imposed on the consideration of environmental impacts public and, under the provisions of PRA Administrative practice and by officials of the Department of section 3507(d), obtain approval from procedure, Environmental impact Transportation (Department or DOT) as OMB for each collection of information statements, Environmental protection, part of the decisionmaking process for it conducts, sponsors, or requires Natural resources. DOT actions. through regulations. The DOT has Issued in Washington, DC, on November 6, (b) Typical DOT actions may include determined that the proposed rule does 2020. grants; construction; regulatory actions; not contain a collection-of-information Elaine L. Chao, certifications; licenses; permits; waivers; requirement subject to review and Secretary. approval of policies and plans approval by the OMB under the PRA. In consideration of the foregoing, the (including those submitted to DOT by (g) Unfunded Mandates Reform Act Office of the Secretary of Transportation State, Tribal, or local agencies, or other The Department has determined that proposes to amend Title 49 of the Code public or private applicants, unless the proposed rule would not impose of Federal Regulations by adding part 13 otherwise exempted); adoption or unfunded mandates as defined by the to read as follows: implementation of programs; legislation Unfunded Mandates Reform Act of 1995 Title 49—Transportation proposed by DOT; and any renewals or (UMRA) (Pub. L. 104–4, 2 U.S.C. 1531– re-approvals of the foregoing. Consistent 1538). The actions proposed in this PART 13—ENVIRONMENT REVIEW with 40 CFR 1508.1(q), an action is not NPRM do not contain any unfunded PROCESS subject to NEPA if, for example, it either mandates as described in the UMRA, does not allow for agency discretion to and does not significantly or uniquely Subpart A—General consider environmental impacts in decisionmaking or is not subject to DOT affect small governments. This proposed Sec. rule does not impose any mandates on 13.1 Applicability. control and responsibility. Loans, loan small entities. It addresses the 13.3 Definitions. guarantees, or other forms of financial Department’s procedures for 13.5 Environmental review policy. assistance may be actions subject to NEPA when the OA exercises sufficient implementing the procedural Subpart B—Nepa Review Process requirements of NEPA. control and responsibility over the 13.7 Managing NEPA compliance. effects of such assistance. (h) National Environmental Policy Act 13.9 Planning and early coordination. (c) Consistent with 40 CFR 1501.1, The CEQ regulations do not direct 13.11 Lead, cooperating, and participating proposed activities or decisions agencies. agencies to prepare a NEPA analysis 13.13 General principles for the NEPA expressly exempt from NEPA under before establishing agency procedures to review process. another statute are not actions. For supplement the CEQ regulations to 13.15 Determination of the level of NEPA example, decisions concerning plans, implement NEPA. See 1507.3; review. Transportation Improvement Programs

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(TIPs), and Statewide Improvement completed within presumptive time Department of Justice on NEPA-related Programs (STIPs) are not actions limits. litigation. pursuant to the express exemptions in (c) The Department will apply sound (d) Applicability. This part 23 U.S.C. 134 and 135, respectively. science, reliable data, and a systematic supplements the regulations at 40 CFR interdisciplinary approach to the parts 1500 through 1508, setting forth § 13.3 Definitions. environmental review process, procedures specific to DOT actions. The The definitions in 40 CFR part 1508 including the use of geographic OAs must comply with the regulations apply to this part. The following information systems, as appropriate. at 40 CFR parts 1500 through 1508, this definitions supplement these for the (d) The Department will maximize the part, and their own NEPA implementing purposes of this part: use of proven strategies to complete the procedures, as applicable. (a) Applicant means an individual; environmental review process (e) OA Procedures. Each OA must issue or modify NEPA implementing Federal agency, State, Tribal or local efficiently, including the use of procedures (OA Procedures), consistent government; corporation; company; or electronic collaboration tools; with this part, 40 CFR parts 1500 any other party seeking an approval, programmatic agreements and through 1508, and any other applicable financial assistance, special permit, approaches; and planning processes and laws or regulations, that establish waiver, certification, or other action products to inform NEPA requirements requirements for and provide guidance from an OA. pursuant to applicable laws and on integrating the environmental review (b) Environmental review process regulations. means the integrated process for process into the OA’s programs and (e) The Department encourages actions. To the extent applicants carry compliance with NEPA and any other meaningful, proactive, open, and applicable environmental statutes, out the OA’s responsibilities under OA transparent public participation and Procedures (where appropriate and in regulations, or Executive Orders (E.O.), collaboration with affected and including those that require a permit, compliance with 42 U.S.C. 4332(2)(D) interested stakeholders, including and 40 CFR 1506.5), the OA must approval, consultation, or authorization Federal agencies, States, Tribes, to proceed with an action. require the applicants to comply with localities, and the public in its the OA Procedures. (c) Level of NEPA review means the environmental decision-making process (1) OA procedures should include a appropriate type of analysis required for to avoid, minimize, and compensate for list of actions that are not subject to a particular action (i.e., a categorical impacts. NEPA. (See 40 CFR 1507.3(d)); exclusion (CE), an environmental (2) OA procedures must include lists assessment (EA), or an environmental Subpart B—Nepa Review Process of actions that normally require the impact statement (EIS)). § 13.7 Managing NEPA compliance. preparation of an EIS or EA (40 CFR (d) NEPA document means an EIS, 1507.3(e)(2)(i) and (iii)); include lists of record of decision (ROD), EA, finding of (a) Responsibility. Pursuant to categorically excluded actions and no significant impact (FONSI), or any § 1.25a(a)(2) of this subtitle, the extraordinary circumstances (40 CFR documentation prepared to support the Assistant Secretary for Transportation 1507.3(e)(2)(ii)) and note which application of a CE to a proposed action. Policy (Assistant Secretary) is the senior categorical exclusions require (e) Operating Administration (OA) agency official who establishes policy documentation 40 CFR 1507.3(e)(2)(ii)); means any agency established within and oversees the implementation of the identify when it might be appropriate to the Department, as listed in § 1.3(b) of NEPA process for the Department. The use tiering and programmatic this subtitle, or an office within the Assistant Secretary may determine approaches to facilitate an efficient Office of the Secretary of Transportation which OA will serve as the lead agency environmental review (40 CFR 1501.11 (OST). to prepare the NEPA document for all and 1508.1(ff)); ensure that decisions are actions taken by the Department for a made in accordance with NEPA’s policy § 13.5 Environmental review policy. proposed activity or project. and procedures (40 CFR 1507.3(c)); The policies in paragraphs (a) through (b) Office of Policy. The OST Office of describe the public participation (e) of this section govern the Policy Development, Strategic Planning, process; describe the process to ensure consideration of environmental impacts and Performance (Office of Policy) early involvement of interested parties at DOT: oversees NEPA implementation and (40 CFR 1501.2(b)(4)); identify where (a) Consistent with NEPA, the compliance with related environmental interested parties can find information Department will integrate Federal requirements, and OAs must consult about the NEPA process, including environmental objectives into the with or notify the Office of Policy as set NEPA documents (40 CFR 1506.6(e)); programs of DOT to ensure the safest, forth in this part. The Office of Policy and describe the procedures for most efficient and modern in turn will coordinate with the Office ensuring implementation of mitigation transportation system in the world, of the General Counsel to ensure measures committed to in NEPA while considering measures to avoid, compliance with legal requirements. documents (40 CFR 1501.6(c), 1505.3, minimize, or compensate for adverse Additional information on the and 1508.1(s)). environmental effects wherever environmental review process may be (3) OAs must submit proposals for practicable, consistent with other obtained from the Office of Policy. new or revised implementing essential considerations of national (c) Office of the General Counsel. The procedures to the Office of Policy and policy. Office of the General Counsel (OGC) the OGC for review and concurrence (b) The Department will strive to provides counsel to the Department prior to CEQ consultation and synchronize NEPA and other Federal concerning the interpretation of and publication in the Federal Register. environmental requirements and compliance with NEPA, the CEQ These offices will assist with CEQ authorizations into a single, concurrent regulations, this part, and other consultation. The Office of Policy and environmental review process that applicable laws. Where appropriate, the OGC will provide written satisfies the requirements of all agencies OGC determines the legal sufficiency of concurrence on the final new or revised with a role in a proposed action, the Department’s NEPA documents and implementing procedures. OAs must expedites project delivery, and is coordinates with the OAs and the provide notice of proposed new or

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revised implementing procedures in the procedures of NEPA are achieved. (40 if the OAs cannot agree on this Federal Register for public comment CFR 1506.1(b)). determination within 30 days, they and provide notice of final new or (b) Coordination with applicants. OAs must consult the Office of Policy, which revised implementing procedures. must ensure that applicants are aware of will resolve the dispute. The lead (4) No later than 30 days of the the environmental analysis and review agency must: effective date of this part, OAs must requirements in this part. (1) Request participation of evaluate their OA procedures to develop (c) Coordination with other agencies. cooperating agencies in the NEPA a plan and schedule to make revisions OAs must coordinate with other OAs, process at the earliest practicable time; necessary to achieve consistency with Federal, State, Tribal, and local resource (2) Meet with a cooperating agency at 40 CFR parts 1500 through 1508 and and regulatory agencies, stakeholders, the latter’s request; this part. OAs must submit this and the public, as appropriate, to satisfy (3) To the extent practicable prepare determination or plan to the Office of their responsibilities under NEPA and a single environmental document and Policy and the OGC for concurrence. other relevant statutes, regulations, and joint FONSI or ROD for the lead and Consistent with 40 CFR 1507.3(b), OAs Executive Orders, such as those listed in cooperating agencies; must, as necessary, develop or revise Appendix C of this part. OAs should (4) Use environmental analysis and proposed procedures no later than communicate early and continually, and proposals from cooperating agencies September 14, 2021. coordinate to identify and resolve with jurisdiction by law or special (5) Subject to 40 CFR 1507.3(a), to the issues. OAs may prioritize actions and expertise to the maximum extent extent an OA’s existing procedures are improve early coordination with practicable; inconsistent with 40 CFR parts 1500 regulatory and resource agencies by (5) Determine the scope and the through 1508, the regulations in 40 CFR executing interagency agreements such significant issues to be analyzed in parts 1500 through 1508 apply, as Memoranda of Understanding depth in an EIS; consistent with 40 CFR 1506.13, unless (MOUs), Memoranda of Agreement (6) Determine the purpose and need there is a clear and fundamental conflict (MOAs), or Programmatic Agreements, and range of alternatives in consultation with the requirements of another and using other tools at their disposal. with the cooperating agencies; (d) Use of planning analysis and statute. An OA may choose to apply 40 (7) Create and update as necessary the decisions in the NEPA process. OAs CFR parts 1500 through 1508 or the project schedule in consultation with should, as appropriate, integrate, adopt, procedures of this part to a review the cooperating agencies; and and use planning information or begun before September 14, 2020, or the (8) Notify the Office of Policy if a decisions in the NEPA process. milestone will be missed and elevate effective date of this part, respectively. (e) Early coordination. The scoping issues to the Assistant Secretary for process (40 CFR 1501.9) is a tool for § 13.9 Planning and early coordination. timely resolution. (See 40 CFR 1501.7). early coordination that OAs must use in (a) Timing. OAs should begin the (b) Joint lead agencies. An OA serving environmental review process at the the preparation of an EIS in accordance with § 13.23(c) and may use in the as a joint lead agency assumes the same earliest practicable time in the planning roles, responsibilities, and authority as or development of an action. preparation of an EA to identify any significant issues and ensure that all a single lead agency. (1) OAs should integrate the NEPA interested or affected persons have an (c) Cooperating agencies. When process with other processes at the opportunity to participate early in the serving as a lead or joint lead agency, earliest reasonable time to ensure that process. As part of scoping, OAs should OAs should identify and request planning and decisions reflect use early coordination tools, such as Federal, State, Tribal, and local agencies environmental values and avoid planning, interagency working groups or that have jurisdiction by law or special potential conflicts that may delay the agreements, programmatic approaches, expertise to be cooperating agencies process. (40 CFR 1501.2). For actions, coordination plans, and project under 40 CFR 1501.8 and 1508.1(e). likely to require an EA or EIS, OAs must schedules. OAs should use such tools When an OA serves as a cooperating engage in early identification and prior to issuing the notice of intent. agency, it must fulfill its responsibilities evaluation of the purpose and need; the in coordination with the lead agency. environmental impacts; reasonable § 13.11 Lead, cooperating, and (1) If another agency declines an OA’s alternatives (as further described in participating agencies. invitation to participate as a cooperating § 13.19(b) for EAs and § 13.23(a)(2) for (a) Lead agency. An OA with primary agency, the OA must still provide the EISs); and measures to avoid, minimize, responsibility for a proposed action, declining agency with a copy of the or compensate for adverse including a multimodal transportation NEPA document and should attempt to environmental impacts, as appropriate. project, generally will serve as the lead coordinate with it to avoid potential (2) Unless otherwise provided by law, agency for preparing and processing issues that could delay the action. If that prior to making a final NEPA EISs and EAs, where appropriate, and is agency raises concerns or indicates that determination on a proposed action, responsible for inviting other agencies it may delay or withhold action on some OAs must not take any action to serve as cooperating agencies or aspect of the proposed action, the OA concerning the proposal that would otherwise participate in the NEPA should initiate a conflict resolution have an adverse environmental impact process. (See 40 CFR 1501.7). When an process in accordance with § 13.13(e). or limit the choice of reasonable OA serves as lead agency, it is (2) When an agency requests an OA to alternatives. (40 CFR 1506.1(a), 1502.2(f) responsible for the scope, objectivity, serve as a cooperating agency, the OA and (g)). If an OA becomes aware an accuracy, and content of the NEPA must accept and participate if it has applicant is about to take an action that documents and ensuring completion of jurisdiction by law, and should make would have an adverse environmental the environmental review process. every practicable effort to accept and impact or limit the choice of reasonable When more than one OA is involved in participate if it has special expertise. alternatives, the OA must promptly an action, the OAs should determine (3) If another agency fails to invite an notify the applicant and the Assistant together their respective roles (i.e., lead OA to serve as a cooperating agency Secretary, and take appropriate action to agency, joint lead agency, or cooperating when it has jurisdiction by law or ensure that the objectives and agency) early in the process. However, special expertise, the OA should ask the

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lead agency to extend an invitation to evaluation of alternatives and their early as possible that a referral is participate as a cooperating agency. potential environmental consequences. anticipated. OAs must make formal (4) The OA must cooperate on (See 40 CFR 1501.5(c) and 1502.6). referrals to CEQ no later than 25 schedule development and elevate Analyses should identify applicable calendar days after EPA publishes the issues that may affect the schedule to methodology and explain the use of best notice of availability of the EIS or the the senior agency official for resolution available information. Where lead agency makes an EA available. consistent with 40 CFR 1501.8(b)(6) and appropriate, OAs may use professional (f) Tiering and programmatic (7). services from other Federal, State, approaches. OAs should use tiering (see (d) Participating agencies. OAs Tribal, or local agencies, universities, 40 CFR 1501.11 and 1508.1(ff)) to should invite other agencies (including consulting firms, or other experts; improve or simplify the environmental other Federal, State, Tribal, or local however, OA staff must have the analysis of proposed DOT actions that agencies) that may have an interest in capacity to evaluate the information are similar in nature, broad in scope, or the proposed action to be participating these entities provide, and OAs must where future decisions or unknown agencies. OAs should invite such other take responsibility for the final content future conditions preclude a complete agencies as early as possible (before or of their NEPA documents. (See 40 CFR NEPA analysis. This would eliminate during scoping). 1506.5 and 1507.2). repetitive discussions of the same (e) Conflict resolution. issues, focus on issues ripe for decision § 13.13 General principles for the NEPA (1) Resolution of disputes. OAs and exclude from consideration issues review process. should seek to resolve expeditiously all already decided or not yet ripe at each (a) Integration of all environmental disputes as early as possible in the level. OAs should also use reviews into the NEPA process. To the NEPA process consistent with programmatic approaches, where maximum extent practicable and at the applicable requirements. OAs should appropriate, including resource or earliest possible time, OAs should communicate and collaborate to regional specific programmatic integrate all relevant environmental recognize and resolve disputes as they agreements or consultations with reviews, authorizations, and arise to maintain constructive resource or regulatory agencies. Where consultations into the NEPA process. A relationships among all parties, possible, OAs should develop list of authorities under which these including other OAs, Federal or State programmatic approaches that cover the may be conducted can be found in agencies, Tribes, and members of the activities of multiple OAs. Appendix C of this part. To the extent public in accordance with 40 CFR parts (g) Mitigation and monitoring. The practicable, OAs should develop a 1500 to 1508, DOT Order 5611.1a and ROD and FONSI must identify those single NEPA document for all Federal applicable CEQ/Office of Management mitigation measures that avoid, agency actions necessary for a proposed and Budget guidance. OAs must report minimize, or compensate for effects activity or project. (See 40 CFR on their use of formal environmental caused by a proposed action or 1501.7(g)). conflict resolution in annual reports to alternatives as described in an (b) Incorporation by reference. OAs the Office of Policy and OGC’s Office of environmental document and that have should incorporate by reference Operations on Environmental a nexus to those effects that the lead previously prepared and publicly Collaboration and Conflict Resolution agency is adopting and committing to available analyses wherever possible (ECCR). OAs must notify CEQ and implement, including any monitoring and provide a brief summary of the obtain CEQ concurrence, as necessary, and enforcement program applicable to incorporated material in a NEPA to use the John S. McCain III National such mitigation commitments. document. (See 40 CFR 1501.12). Types Center for Environmental Conflict (1) The OA must take steps to ensure of documents that may be incorporated Resolution (20 U.S.C. 5607b(c)). that the mitigation measures committed by reference include previously (2) Pre-decisional referrals to CEQ. to in the ROD and FONSI are prepared studies, analyses, and, to the The following procedures apply to implemented. For third-party actions, to extent permitted by law, decisions from referrals to CEQ under 40 CFR part the extent practicable, OAs must prior environmental reviews. (See 40 1504: condition relevant funding agreements, CFR 1501.12). (i) Referrals on DOT actions. If permits, licenses, and other approvals (c) Focused, quality documents. NEPA another Federal agency advises an OA on the performance of the mitigation documents should effectively and that it intends to make a referral to CEQ, commitments. Methods of enforcement concisely communicate the the OA must coordinate with the Office of commitments may include environmental effects of a proposed of Policy. The OA should make a withdrawal of funding, permit, license, action to the public and the concerted, timely effort to resolve issues or approval, and any other action decisionmaker. NEPA documents raised by another Federal agency with deemed necessary by the appropriate should be written in plain language, and respect to an EIS for a proposed DOT OA. be analytic rather than encyclopedic. action to avoid a referral to CEQ. The (2) Where legal authority exists, OAs (See 40 CFR 1500.4(d), 1502.2(a) and (c), OA should document these efforts in the may provide for monitoring to ensure and 1502.8). The depth and scope of project record. their decisions are carried out and analysis and resulting documentation (ii) DOT referrals to CEQ on other should do so in important cases. In must be meaningful, high-quality, agency proposals. Whenever possible, determining when monitoring relevant, and proportionate to the OAs should make efforts to resolve mitigation commitments is appropriate, complexity of the action and degree of issues informally to avoid referrals to OAs should apply professional anticipated environmental effects and CEQ. If the issues are not resolved prior judgment and the rule of reason. (40 the affected environment (See 1501.3, to filing the final EIS (FEIS) with EPA, CFR 1505.3). 1501.5, 1502.2(b), and 1502.23). the OA Administrator must obtain (h) Public involvement. Public (d) Interdisciplinary approach. OAs concurrence from the Office of Policy involvement provides an opportunity must use an interdisciplinary approach and OGC to make a referral to CEQ. for the public to consider, offer input throughout the planning and Referrals should include all content on, and inform proposed actions, their preparation of EISs and EAs, as specified in 40 CFR 1504.3(c). The OA potential environmental impacts, and applicable, and ensure a systematic should notify the Office of Policy as proposed mitigation. The level of public

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involvement should be commensurate (1) When an OA acts as the lead reasonably close causal relationship to with the type of action proposed and its agency and uses a contractor, it may the proposed action: potential to cause significant impacts, select the contractor for preparation of (1) Both short- and long-term effects. and be consistent with 40 CFR an EIS or EA, consistent 40 CFR 1506.5. (2) Both beneficial and adverse 1501.5(e), 1501.9, 1503.1(a)(2)(v), and The OA may select the contractor in effects. 1506.6. cooperation with cooperating agencies. (3) Effects on public health and safety. (1) Public involvement in (2) Prior to entering into a contract for (4) Effects that would violate Federal, environmental analyses is important at the preparation of an EIS or EA, the OA State, Tribal, or local law protecting the each appropriate stage of the must require the contractor or applicant environment. (See 40 CFR 1501.3(b)). development of a proposed action, and to execute a disclosure statement (d) If there is an unresolved OAs should seek public involvement as specifying any financial or other interest disagreement between the OA and an early as possible. Consistent with 40 if applicable, or stating it has no applicant regarding the appropriate CFR 1500.3(b), 1500.4(n), and 1503.3, financial or other interests in the level of NEPA review, the OA must OAs should ensure commenters are outcome of the proposed action. (40 notify the Office of Policy, to assist in invited to submit specific comments as CFR 1506.5). making the determination. early in the process as possible, and (j) Tracking. OAs must track and § 13.17 Categorical Exclusions. provide notice that comments not report environmental review milestones (a) Application of a Categorical submitted shall be forfeited as in compliance with DOT tracking Exclusion (CE). CEs are categories of unexhausted. OAs should integrate procedures and other applicable public involvement in the NEPA actions that normally do not have a requirements. Consistent with 23 U.S.C. process, as applicable, with other public significant effect on the environment, 139(o) and all reporting standards involvement processes (e.g., 54 U.S.C. and therefore normally do not require issued by the Office of Policy, OAs must 306108 (Section 106 of the National the preparation of an EA or EIS. (40 CFR post information for all transportation Historic Preservation Act of 1966, as 1501.4). Appendix A of this part lists infrastructure projects requiring an EA amended), State requirements) to the Departmentwide CEs. An ‘‘*’’ is used to or EIS, including applicable NEPA and fullest extent practicable. Methods to indicate the CEs that would not require any permitting or authorization actions solicit the views of the public include documentation. OA Procedures may and associated milestones, to the public workshops or meetings; hearings identify additional CEs, consistent with publicly accessible Permitting in traditional or non-traditional formats § 13.7(d); Appendix B of this part Dashboard. OAs must post and update and locations; social media; new identifies the location of CEs established information as necessary within technologies; advertisements or notices in each of the Department’s OA timeframes established by the reporting in print or electronic media; and other Procedures and incorporates those CEs standards. appropriate means tailored to reach the by reference. Paragraph (b) of this relevant audiences. (See 40 CFR 1506.6). § 13.15 Determination of the level of NEPA section lists extraordinary When OAs provide for public comment, review. circumstances (40 CFR 1501.4), that they must include electronic submission (a) To determine the appropriate level OAs must consider before determining of comments, with reasonable measures of NEPA review, OAs must establish the that a CE listed in Appendix A of this to ensure the comment process is appropriate scope (using the criteria for part applies to a proposed action. If an accessible to affected persons. (See 40 scope in 40 CFR 1501.9(e)) of the OA seeks to apply a CE established in CFR 1503.1(c)). proposed action. another OA’s procedures (referenced in (2) To allow the public to efficiently Appendix B of this part), it must and effectively access information about (b) To ensure meaningful and objective evaluation of alternatives, evaluate the action for extraordinary NEPA reviews, OAs must make NEPA circumstances identified in the OA documents, relevant notices and other where applicable, and avoid commitments to proposed actions before Procedures in which the CE is relevant information for use by 5 they are fully evaluated, OAs must established to determine if a normally interested persons available online in a excluded action may have a significant manner consistent with 40 CFR ensure that the scope of the proposed action evaluated in an EA, EIS, or CE effect. If an extraordinary circumstance 1506.6(e) and 1507.4. Appropriate is present, an OA may nevertheless domains for publication may include includes connected actions; has independent utility or independent apply a CE listed in Appendix A of this Department/OA operated websites or part to an action if the OA determines project-specific websites. When posted significance (e.g., would be a usable and reasonable expenditure even if no that there are circumstances that lessen on a DOT website, NEPA documents the impacts or other conditions must be compliant with the additional transportation improvements in the area are made); does not sufficient to avoid significant effects. If requirements of 29 U.S.C. 794d (section the OA cannot apply the CE to the 508 of the Rehabilitation Act of 1973, as unreasonably restrict consideration of alternatives for other reasonably proposed action, it must prepare an EA amended). or EIS, as appropriate. (i) Use of contractors. Decisionmaking foreseeable actions; and where applicable, connects logical termini. (b) Extraordinary circumstances. With under NEPA is an inherently respect to the CEs listed in Appendix A (c) In considering whether the effects governmental function. OAs may use of this part, extraordinary circumstances contractors to assist in the preparation of the proposed action are significant, include: agencies must analyze the potentially of NEPA documents, but must require (1) Inconsistency with any applicable affected environment and degree of the contractors to comply with this part and Federal, State, Tribal, or local law, effects of the action. Agencies should OA procedures, and follow relevant requirement, or administrative consider connected actions consistent guidance. OAs must furnish guidance, determination relating to the protection with § 1501.9(e)(1). In considering the participate in the preparation of, and of the environment; independently evaluate NEPA degree of the effects, agencies should documents, taking responsibility for consider the following, as appropriate to 5 For the purposes of 23 CFR part 771, ‘‘unusual their accuracy, scope, and contents. (See the specific action, where the effects are circumstances’’ is synonymous with ‘‘extraordinary 40 CFR 1506.5). reasonably foreseeable and have a circumstances.’’

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(2) Substantial increases of noise in a 4332(2)(E) (section 102(2)(E) of NEPA), (h) Public comment. An OA must noise-sensitive area; as well as the ‘‘no action’’ alternative; involve the public, State, Tribal and (3) Substantial adverse effects that are the environmental impacts of the local governments, relevant agencies, reasonably foreseeable on the following proposed action and alternatives; and and any applicants to the extent aspects of the environment: the agencies and persons consulted. practicable in the development of the (i) Species listed or proposed to be (c) Page limits. EAs must be no more EA. (40 CFR 1501.5(e)). At its discretion, listed on the List of Endangered or than 75 pages unless a senior agency an OA may prepare a draft EA for public Threatened Species, or designated official approves in writing an EA to comment. When an OA prepares a draft Critical Habitat for these species, as exceed 75 pages and establishes a new EA for public comment, it must promulgated under 16 U.S.C. 1533(c)(1); page limit. OAs must obtain approval consider substantive comments received (ii) Properties protected under 54 from an OA Administrator when the on a draft EA in the final EA or FONSI. U.S.C. 306108 (Section 106 of the Administrator has been designated as a An OA must make EAs available to the National Historic Preservation Act of senior agency official for the OA or, for public. (See 40 CFR 1506.6(b)). In the 1966, as amended); OST actions, the Assistant Secretary if circumstances defined in 40 CFR (iii) Properties protected under 23 an EA is anticipated to exceed the page 1501.6(a)(2), a copy of the EA should be U.S.C. 138 or 49 U.S.C. 303 (Section limits. An EA should be as concise as made available to the public for a period 4(f)); possible while proportional to the of not less than 30 days before the (iv) A site that involves a unique magnitude of the proposed action and FONSI is made and the action is characteristic of the geographic area, anticipated impacts. implemented. such as prime or unique agricultural (d) Time limits: EAs should be § 13.21 Findings of No Significant Impact. land, a coastal zone, a historic or completed within one year from the cultural resource, park land, wetland, agency’s’ determination to prepare an (a) Contents. A FONSI must briefly wild and scenic river, designated EA. If during development of the EA, explain why a proposed action analyzed wilderness or wilderness study area, the OA concludes that there will be in an EA will not have a significant sole source aquifer (potential sources of significant impacts, the OA should issue impact on the environment and drinking water), or an ecologically an NOI and the time limits for EISs therefore does not require the critical area; or would apply. OAs must obtain approval preparation of an EIS. (40 CFR 1501.6). (v) Applicable Federal, State, or local from an OA Administrator when the A FONSI must include the EA or air quality standards, including those Administrator has been designated as a summarize it and incorporate the EA by under the Clean Air Act, as amended senior agency official for the OA or, for reference, and must note any other (42 U.S.C. 7401, et seq.); OST actions, the Assistant Secretary if related NEPA documents. (See 40 CFR (4) Substantial short- or long-term an EA needs a longer time period than 1501.6(b) and 1501.9(f)(3)). An OA must increases in traffic congestion or traffic one year. This request must be in make the FONSI available to the public volumes on any mode of transportation writing and provide a reasonable as specified in 40 CFR 1506.6(b) and that are reasonably foreseeable; or timeframe for the OA to complete the consistent with 40 CFR 1507.4 and OA (5) Substantial impacts on the EA. 40 CFR 1501.10(a)(1). Procedures. environment resulting from the (b) Mitigated FONSIs. In accordance reasonably foreseeable, reportable (e) Alternatives. The EA must include the alternatives the OA will consider in with § 13.13(g), an OA may rely on release of hazardous or toxic substances. mitigation measures to reduce (c) Multimodal projects. For its decisionmaking, which may be limited to the proposed action and no potentially significant adverse impacts multimodal projects, as defined by 23 below the level of significance that U.S.C. 139(a), an OA may use the action alternative to the extent consistent with applicable authority would trigger the preparation of an EIS. process created under 49 U.S.C. 304 for To use this approach, the OA must: the application of another OA’s CE for including NEPA Section 102(2)(E). The (1) Describe in the FONSI the that project. EA should address alternatives to a degree commensurate with the nature of mitigation measures necessary to reduce § 13.19 Environmental Assessments. the proposed action and OA experience the potential impacts to a level below (a) When to prepare an environmental with the environmental issues involved. significance; assessment. An OA must prepare an EA The EA should indicate a preferred (2) Ensure that sufficient legal when a proposed action is not alternative, if the OA identified one. For authority and an adequate commitment categorically excluded and a alternatives considered and eliminated of resources exist to execute the determination whether to prepare an from further study, an EA should briefly mitigation measures, including funding EIS has not been made or it is required explain why they were eliminated. as necessary; under OA Procedures; or a normally (f) Compliance with other applicable (3) Ensure that the articles of categorically excluded action may environmental laws, regulations and agreement, award or grant agreement, involve significant environmental orders. In accordance with § 13.13(a), permit, license, authorization, or other impacts, but does not clearly require the the EA should reflect compliance or document reflecting the OA’s final preparation of an EIS. However, an OA plans for compliance with the decision on the action will require need not prepare an EA if it determines requirements of other applicable implementation of the mitigation that an EIS is necessary or preferable. environmental laws, regulations, and measures; (See 40 CFR 1501.5 and 1508.1(h)). orders, such as those listed in Appendix (4) Ensure that any monitoring Examples of typical classes of actions C of this part. strategies described in the FONSI will that normally require an EA but not (g) Independent evaluation. If an be adopted when the OA deems them necessarily an EIS are listed in OA applicant prepares an EA, the OA must appropriate for the particular action and Procedures. independently evaluate the set of mitigation measures. This may (b) Contents. An EA must include the environmental issues and take include making an applicant purpose and need for the proposal; a responsibility for the accuracy, scope, responsible for implementing the description of the proposed action and and contents of the EA. (40 CFR monitoring strategies. Environmental alternative(s) as required by 42 U.S.C. 1506.5(b)(2)). Management Systems may be used for

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tracking and monitoring mitigation range of alternatives that are technically and local governments and other public commitments; and and economically feasible, meet the commenters during the scoping process (5) Provide for corrective action, purpose and need for the proposed for consideration by the lead and where appropriate, in the event of a action, and, where applicable, meet the cooperating agencies in developing the failure to implement the mitigation goals of the applicant. The OA should EIS. The OA should either append to measures or a failure in the effectiveness present the environmental impacts of the EIS or otherwise publish all of the mitigation measures. the proposal and alternatives in comments that were received during the comparative form. The OA should limit scoping process that identified § 13.23 Environmental Impact Statements. consideration to a reasonable number alternatives, information, and analyses (a) When to prepare an EIS. An OA and reasonable range of alternatives. for the OA’s consideration. The FEIS must prepare an EIS for any proposed The EIS must identify alternatives must include a summary that identifies major Federal action significantly considered but eliminated from detailed all alternatives, information, and affecting the quality of the human analysis and briefly discuss the reasons analyses submitted by State, Tribal, and environment (42 U.S.C. 4332(2)(C)). for their exclusion. The Draft EIS (DEIS) local governments and other public Examples of typical actions that should identify the OA’s preferred commenters for consideration by the normally require an EIS are listed in OA alternative or alternatives, if one or lead and cooperating agencies in Procedures. more exists, unless in conflict with developing the FEIS. (See 40 CFR (b) Notice of Intent. To initiate an EIS, other laws. If the DEIS did not identify 1502.17). the OA must publish a notice of intent the preferred alternative, the OA should (f) Page limits. The text of the EIS set (NOI) to prepare an EIS in the Federal provide agencies and the public with an forth in paragraphs (e)(1) through (5) of Register (40 CFR 1501.9(d) and opportunity to assess the environmental this section must be 150 pages or less, 1508.1(u)). consequences of the preferred and 300 pages or less for proposed (c) Scoping. The OA must determine alternative prior to issuing a combined actions of unusual scope or complexity. the scope of and the significant issues FEIS/ROD, or the OA should provide for OAs must obtain approval from the to be analyzed in depth in the EIS, and a waiting period consistent with Assistant Secretary if an EIS is it must identify and eliminate from paragraph (k)(1) of this section. The anticipated to exceed the page limits. detailed study the issues that are not FEIS or combined FEIS/ROD must (See 40 CFR 1502.7 and 1508.1(v)). significant or covered by prior identify the preferred alternative or (g) Time limits. EISs must be environmental review (40 CFR alternatives unless the requirements of completed within two years from the 1501.9(f)(1); see also 40 CFR 1506.3 and another statute provide otherwise. date of publication of the NOI. OAs 1508.1(cc)). To determine significance, (3) Affected environment. The EIS must obtain approval from the Assistant the OA must evaluate the potentially must succinctly describe the Secretary if an EIS will require a longer affected environment and the degree of environment of the area(s) affected or time period than two years from NOI to the effects of the proposed action. See created by the alternatives under ROD. This request must be in writing Section 13.15(c). consideration, including the reasonably and provide a reasonable timeframe for (d) EISs impacts on another State or foreseeable environmental trends and the OA to complete the EIS. (40 CFR a Federal land management entity. planned actions in the area(s). Data and 1501.10(b)(2)). Pursuant to 42 U.S.C. 4332(2)(D) (NEPA analyses must be commensurate with (h) Document cost. The OA must Section 102(2)(D)), where a State agency the importance of the impact. (40 CFR include the total cost (Federal and non- or official with statewide jurisdiction 1502.15). Federal) of the EIS on the cover page of initiates a proposed action that may (4) Environmental consequences. The the FEIS and Supplemental have significant impacts on any other EIS must discuss the environmental Environmental Impact Statement (SEIS), State or a Federal land management consequences of the proposal and the which includes the entire cost of the entity, the OA must provide early notice alternatives. The EIS must describe both environmental review to the extent to and solicit the views of those State or beneficial and adverse environmental practicable. (See 40 CFR 1502.11(g)). Federal land management entities. impacts of the proposed action and (i) Filing with the U.S. Environmental (e) Format and content. The format of reasonable alternatives and the Protection Agency. OAs must file EISs the EIS must be consistent with the significance of those impacts. The EIS with the U.S. Environmental Protection format provided at 40 CFR 1502.10, also must describe any adverse Agency (EPA) when they are unless the OA determines there is a environmental impacts that cannot be transmitted to commenting agencies and more effective format for avoided if the proposal is adopted, the made available to the public, or communication that encourages good relationship between short-term uses of immediately thereafter. (40 CFR analysis and clear presentation of the environment and long-term 1506.10). OAs must file EISs with EPA alternatives, and include the following: productivity, any irreversible or in accordance with EPA filing guidance. A cover (40 CFR 1502.11); a summary irretrievable commitments of resources (j) Public notice and notice of (40 CFR 1502.12); a table of contents (40 that would occur, and other availability. OAs should notify the CFR 1502.10(a)(3)); a list of preparers requirements of 40 CFR 1502.16(a)(1) public of the availability of EISs through (40 CFR 1502.18); and appendices (40 through (10). methods such as online notices, social CFR 1502.19), if the OA prepares any. (5) Mitigation. The EIS must discuss media, direct notification to interested The EIS must include the following: appropriate measures for mitigating parties, and notices in local media so as (1) Purpose and need. The EIS must adverse environmental impacts of the to inform those persons and agencies briefly describe the underlying purpose proposed action or alternatives. (See 40 who may be interested or affected by the and need for the proposed action. (40 CFR 1502.14(e), 1502.16(a)(9), and proposed action. (See 40 CFR 1506.6(b)). CFR 1502.13). 1508.1(s)). OAs must consider the ability of (2) Alternatives. Consistent with 40 (6) Summary of submitted affected persons and agencies to access CFR 1502.14 and 1508.1(z), the OA alternatives, information, and analyses. electronic media in providing public must evaluate reasonable alternatives, The EIS must include a summary that notice of NEPA-related opportunities for including the proposed action and the identifies all alternatives, information, public involvement. OAs must notify no action alternative, and a reasonable and analyses submitted by State, Tribal, those parties who have requested notice

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on an individual action. In the case of the DEIS should include a statement of (b) Errata sheets. In preparing an an action with impacts of national the OA’s intent to issue a combined FEIS, if the OA makes minor changes to concern, notice must include FEIS/ROD and identify a preferred the DEIS in response to comments, and publication in the Federal Register alternative. the changes are confined to factual (through EPA’s notice of availability of (c) Circulation and request for corrections or explanations of why the EISs or a separate notice) and notice by comment. The OA must make the DEIS comments do not warrant further email, mail, or other reasonable means available with an invitation to comment response, the OA may write the changes to organizations, agencies, and those to: on errata sheets attached to the DEIS persons reasonably expected to be (1) The public; instead of rewriting the DEIS. (See 49 interested or affected by the proposed (2) All cooperating agencies and other U.S.C. 304a(a) or 23 U.S.C. 139(n)(1), as action. Although electronic distribution Federal agencies with jurisdiction by applicable, and 40 CFR 1503.4(c)). The is preferred, the OA should make law or special expertise with respect to errata sheets must cite the sources, documents available in other formats the environmental impacts involved; authorities, and reasons that support the when reasonably necessary and must (3) State, Tribal, or local agencies with OA’s position and, if appropriate, make available hard copies of the EIS authority to develop and enforce indicate the circumstances that would upon request. The OA must make the environmental standards; trigger the OA’s reappraisal or further EIS available to the public without (4) Any agency that has requested that response. charge to the fullest extent practicable it receive statements on actions of the (c) Combined FEIS/ROD. Pursuant to or at no more than the actual cost of kind proposed; 49 U.S.C. 304a(b) or 23 U.S.C. 139(n)(2), reproduction. (See 40 CFR 1506.6(f)). (5) Interested or affected persons, as applicable, to the maximum extent (k) Timing. An OA may not make a agencies, and organizations; practicable, an OA must expeditiously decision on the proposed action until 90 (6) EPA; develop a single document that consists days after publication of EPA’s notice of (7) Federally Recognized Indian of an FEIS and ROD, unless the FEIS availability of the DEIS. (40 CFR Tribes, Alaska Natives, and Native makes substantial changes to the 1506.11(b)(1)). Hawaiians, as appropriate; proposed action that are relevant to (1) Waiting period. When an OA (8) The applicant, if any; and environmental or safety concerns; or determines, it is not practicable to issue (9) Other OAs, where appropriate. there is a significant new circumstance a combined FEIS/ROD pursuant to (See 40 CFR 1502.20, 1503.1, and or information relevant to § 13.27(c), it may not make a decision 1506.6). environmental concerns that bears on on the proposed action until 30 days (d) Electronic submission. OAs must the proposed action or the impacts of after the publication of EPA’s notice of provide for electronic submission of the proposed action. Cooperating availability of the FEIS. (40 CFR public comments as well as ensure that agencies must to the extent practicable 1506.11(b)(2)). the comment process is accessible to issue the FEIS/ROD jointly with the lead (2) Reducing time periods. If an OA persons who may be affected by the agency for transportation actions. (See believes it is necessary to reduce the proposed action(s). (See 40 CFR 40 CFR 1501.8(b)(8)). prescribed time periods for EIS 1503.1(c)). (d) Compliance with other requirements. To the fullest extent processing, it must request the § 13.27 Final Environmental Impact reduction from EPA, which may reduce possible, in accordance with 40 CFR Statements. 1502.24 and § 13.13(a), the FEIS should the prescribed periods based upon a (a) Response to comments. In the showing of compelling reasons of reflect compliance or plans for FEIS, the OA should make every compliance with the requirements of national policy (40 CFR 1506.11(d)), and practicable effort to resolve major, notify the Office of Policy of this other applicable environmental laws, relevant issues identified in comments regulations, and orders, such as those request. on the DEIS, the public involvement (3) Extending time periods. OAs may listed in Appendix C of this part. If such process, and consultation with grant requests for reasonable extensions compliance is not possible by the time cooperating agencies. The FEIS should of the comment period when warranted of FEIS preparation, the FEIS should identify any unresolved major issues, by the magnitude and complexity of the reflect consultation with the appropriate and the consultation and efforts made to proposed action or extent of public agencies and provide reasonable resolve those issues. In response to interest. When granting an extension, assurance that the OA can meet the substantive comments on the DEIS, the the OA should notify EPA so it may requirements. OA should do one or more of the modify its notice of availability. (e) Internal review and approval. The following and state the response in the Administrator or Secretarial Officer (or § 13.25 Draft Environmental Impact FEIS: Modify alternatives including the their designee) of the lead agency may Statements. proposed action; develop and evaluate approve an FEIS. OAs must ensure that (a) Timing of preparation of the DEIS. alternatives not previously given serious EISs are evaluated for technical Preparation of the DEIS should begin as consideration by the OA; supplement, sufficiency consistent with this part and close as possible to the time a proposal improve, or modify its analyses; make OA Procedures. The Chief Counsel of is developed so that the analysis of the factual corrections; or explain why the the OA, or designee, must review all environmental impacts and the comments do not warrant further FEISs for legal sufficiency. OGC’s Office exploration of alternatives can be response, citing the sources, authorities, of Operations must review FEISs meaningfully considered in the or reasons that support the OA’s prepared by Secretarial offices for legal decision-making process. For position, and if appropriate, indicate sufficiency. rulemakings, the OA should release the those circumstances that would trigger (f) Office of Policy notification. For DEIS prior to or concurrent with the the OA’s reappraisal or further response. FEISs on actions involving novel or issuance of the proposed rule. (See 40 The OA should attach to the FEIS emerging technology, methodology, or CFR 1502.5). substantive comments received on the science; actions opposed on (b) Combined FEIS/ROD. Consistent DEIS, or summaries of comments where environmental grounds by a Federal, with 49 U.S.C. 304a(b) or 23 U.S.C. comments are particularly voluminous. State, Tribe, or local government or 139(n)(2), as applicable, and § 13.27(c), (40 CFR 1503.4). agency; or, actions opposed by a

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substantial number of the persons local governments and public Procedures. The OA must notify the affected by such action or actions, the commenters for consideration by the public consistent with 40 CFR 1506.6. OA must notify the Office of Policy that lead and cooperating agencies in (e) An OA may adopt a CE the FEIS is under development. OAs developing the EIS. This certification determination of another agency when should notify the Office of Policy as establishes a presumption that the the action in the original CE early as possible, and, where agency has considered the submitted determination and the proposed action practicable, provide at least two weeks’ alternatives, information, and analyses are substantially the same. When doing notice before approving the FEIS. including the summary in the FEIS. (See so, the OA must document the adoption. (g) Circulation. After the FEIS is 40 CFR 1505.2(b)). (See 40 CFR 1506.3(d)). finalized, the OA must publish the FEIS (d) The ROD should not repeat (f) Before adopting all or a portion of (or combined FEIS/ROD). The OA must analysis contained in the EIS but rather another Federal agency’s EIS or EA that furnish the entire FEIS to any Federal incorporate it by reference in the OA’s is more than five years old, an OA must agency with jurisdiction by law or decision; and briefly document re-evaluate the relevant portion of the special expertise with respect to any compliance with all environmental laws other agency’s EA or EIS in accordance environmental impact involved and any applicable to the action, or the with § 13.33. appropriate Federal, State, Tribal, or procedures and expected timeframe for (g) When an OA adopts and publishes local agency authorized to develop and completion of such compliance. an EIS, it must file it with EPA in enforce environmental standards; the Consistent with 40 CFR 1505.3, the ROD accordance with EPA filing guidance. applicant; and any Federal, State, should also include, as appropriate, any (40 CFR 1506.10). When an OA adopts Tribal, and local agencies, and private required mitigation commitments and an EIS without republishing, it must organizations and individuals that describe the monitoring measures being notify EPA. commented substantively on the DEIS implemented. (h) An OA may adopt a DEIS, EA, or or requested copies of the FEIS, as well (e) The ROD may discuss preferences FEIS of another OA in accordance with as the entities to which the OA was among alternatives based on relevant 49 U.S.C. 304a(c)(2). required to distribute the DEIS. (See 40 economic, technical, or other factors, as CFR 1502.20, 1503.1, and 1506.6). § 13.33 Re-evaluation and well as OA mission and authority. supplementation. § 13.29 Records of Decision. § 13.31 Adoption. (a) Re-evaluation. Consistent with 40 (a) In accordance with § 13.27(c), to CFR 1502.9(d)(4), when an action is not the maximum extent practicable, an OA (a) If an OA is a cooperating agency complete and a decision remains to must develop a single document for an EIS, it may adopt without occur, a re-evaluation is a process that consisting of a combined FEIS and ROD publishing the lead agency’s original OAs should use to evaluate an existing or issue the FEIS and ROD EIS after conducting an independent CE determination, EA, or EIS to simultaneously, pursuant to 49 U.S.C. review of the statement and concluding determine whether it remains adequate, 304a(b) or 23 U.S.C. 139(n)(2), as that its comments and suggestions have accurate, and valid, or whether a applicable. When an OA determines, it been satisfied. (See 40 CFR supplemental NEPA analysis is needed. is not practicable to issue a combined 1506.3(b)(2)). In the case of an FEIS, the (1) An OA should engage in a re- FEIS and ROD, the waiting period set OA may issue a ROD simultaneous with evaluation, consistent with its OA forth in § 13.23(j)(1) applies. In such the adoption. Procedures, where applicable, when, cases, and when the proposal requires (b) If an OA is not a cooperating prior to the OA’s completion of an action by multiple Federal agencies, the agency, but the action covered by the action, there are changes in the OA should issue a single ROD with the original EIS and the proposed action are proposed action that are relevant to other Federal agencies. An OA may substantially the same, the OA is not environmental concerns; or there are integrate the ROD into any other record required to publish it except as an FEIS. new circumstances or information or decision document, such as a final (See 40 CFR 1506.3(b)(1)). To the relevant to environmental concerns and rule. maximum extent practicable, the OA bearing on the proposed action or its (b) The ROD must state the OA’s must issue a combined FEIS and ROD impacts. decision, identify all alternatives the OA consistent with 49 U.S.C. 304a(b) or 23 (2) An OA must re-evaluate in writing considered in reaching its decision, U.S.C. 139(n), as applicable, and a DEIS if the OA has not issued an FEIS specifying the environmentally § 13.27(c). within five years from the circulation preferable alternative(s); identify and (c) If an OA is not a cooperating date of the DEIS. An OA must re- discuss all factors, including essential agency and the OA’s proposed action evaluate in writing an FEIS if major considerations of national policy, that and the action covered by the original steps toward implementation have not the OA balanced in making its decision EIS are not substantially the same, the commenced within five years from the and state how those considerations OA may adopt the EIS or a portion date of approval of the FEIS or FEIS entered into its decision; state whether thereof as a draft and, after making all supplement. the OA has adopted all practicable necessary revisions to the document, (b) Supplemental EAs and EISs. OAs means to avoid or minimize publish it. (40 CFR 1506.3(b)). If the OA must prepare a supplemental EA or EIS environmental harm from the selected intends to issue a combined FEIS/ROD, when, prior to the OA’s completion of alternative and, as necessary, explain the recirculation should include a an action, there are substantial changes why not; and adopt and summarize any statement of the OA’s intent to issue a in the proposed action that are relevant monitoring and enforcement program combined document. to environmental concerns, or there are where applicable for any mitigation. (d) An OA may adopt, in whole or in significant new circumstances or (See 40 CFR 1505.2(a)). part, another Federal agency’s draft or information relevant to environmental (c) The ROD must provide a final EA if the OA determines, based on concerns and bearing on the proposed certification by the decisionmaker that an independent evaluation, that the action or its impacts. (40 CFR the agency has considered all the document meets the applicable 1502.9(d)(1)). In addition, an OA may alternatives, information, analysis, and standards for an EA in 40 CFR parts voluntarily prepare a supplemental EA objections submitted by State, tribal and 1500 through 1508, this part, and its OA or EIS when the OA determines,

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consistent with its OA Procedures and significant environmental impacts. that the CE applies to the action proposed by 40 CFR 1502.9(d)(2), that the purpose of Procedures for preparing an LEIS are the other OA and must provide expertise in NEPA will be furthered by doing so. An found at 40 CFR 1506.8. The OA reviewing the action being categorically OA must prepare, publish, and file a originating the legislation must prepare excluded. The extraordinary circumstances provided in the OA Procedures where the CE supplemental EA or EIS as an EA or the LEIS. Except as provided by 40 CFR is listed should be considered in lieu of the DEIS and FEIS unless CEQ approves 1506.8(c)(2), an OA does not need to extraordinary circumstances provided in alternative procedures. (40 CFR prepare both a draft and final LEIS. § 13.17(b). This CE is not applicable to 1502.9(d)(3)). Where there are (b) Processing. The Office of Policy actions that meet the definition of compelling reasons to follow alternative and OGC must concur on the LEIS. multimodal project in 23 U.S.C. 139(a); procedures, the OA must consult CEQ OGC’s Office of Legislation will submit instead, an OA may follow the process in for approval and notify the Office of the LEIS to the Office of Management § 13.17(c). Policy. and Budget for circulation in the normal 6. Leasing of space in existing buildings or legislative clearance process. The LEIS facilities. § 13.35 Emergency actions. 7. Remodeling existing buildings or is part of the formal transmittal of a facilities including maintenance, (a) Emergency circumstances. legislative proposal to Congress. reconstruction, rehabilitation, retrofit, or Emergency circumstances may require However, the LEIS may be transmitted upgrades of existing buildings, facilities, or immediate actions that prevent up to 30 days after the formal systems, such as electrical and plumbing following standard NEPA procedures. transmittal (40 CFR 1506.8(b)). systems, replacement of siding, roof For example, immediate threats to rehabilitation, resurfacing, or reconstruction human health or safety, or immediate § 13.39 International actions. of paved areas. threats to valuable natural resources (a) Executive Order 12114, 8. Gardening, landscaping, and may make it necessary to take an action ‘‘Environmental Effects Abroad of Major maintenance of existing landscaping that with significant environmental impact Federal Actions’’ (Jan. 4, 1979), applies does not cause or promote the introduction to major Federal actions having or spread of invasive species that would without following standard NEPA harm the native ecosystem. procedures. OAs (which should consult significant environmental impacts 9. Investigations, research activities, and with CEQ) must limit such alternative outside of the United States and its studies including data collection and arrangements to the actions necessary to territories and possessions. If an EIS is analysis, information gathering, document control the immediate impacts of the required under E.O. 12114, section 2– preparation, and information dissemination.* emergency. When time permits, OAs 4(a)(i), the OA must prepare it in 10. Promulgation, modification, or should prepare environmental compliance with this part and the OA revocation of rules, issuance of rulings or documentation. Alternative Procedures. interpretations, and the development and arrangements for NEPA compliance are (b) If an OA anticipates publication of policies, orders, directives, notices, procedures, manuals, advisory permitted for emergency actions. (See communication with a foreign government concerning agreements and circulars, and other guidance documents that 40 CFR 1506.12 and Fixing America’s are administrative, organizational, or Surface Transportation Act, Pub. L. other arrangements related to procedural in nature, or are corrective, 114–94, sec. 1432). environmental studies or technical, or minor.* (b) Significant impacts. When documentation, the OA must coordinate 11. Promulgation, modification, revocation, emergency circumstances make it such communication with the U.S. or interpretation of safety standards, rules, necessary to take an action with Department of State, in consultation and regulations that do not result in a significant or potentially significant with the Office of Policy and the Office substantial increase in emissions of air or environmental impacts, without of the Assistant Secretary for Aviation water pollutants, noise, or traffic congestion, observing provisions of this part, OA and International Affairs (See E.O. or increase the risk of reportable release of 12144, sec. 3–2). hazardous materials or toxic substances in Procedures, or 40 CFR parts 1500 any mode of transportation. through 1508, the OA should consult Appendix A to Part 13—List of 12. Hearings, meetings, and public with CEQ. (See 40 CFR 1506.12). OAs Departmental Categorical Exclusions outreach activities.* should notify the Office of Policy of the 13. Administrative actions and consultation and where time allows, 1. Routine procedural, administrative, proceedings, such as rendering decisions on provide an opportunity for the Office of financial, and management actions necessary petitions for rulemaking and petitions for Policy to review any alternative to support the normal conduct of DOT reconsideration.* business. Routine procurements and contract 14. Financial assistance to an applicant arrangements. The alternative actions for goods and services including arrangements should be limited to solely for the purpose of refinancing general supplies, equipment, utility services, outstanding debt, where the debt funds an actions necessary to control the contractor services, and personnel services.* action that is already completed.* immediate impacts of the emergency. 2. Personnel actions including recruiting, 15. Agreements with foreign governments, (c) Non-significant impacts. When the hiring, promotions, processing, paying, and foreign civil aviation authorities, expected environmental impacts of the recordkeeping.* international organizations, or U.S. proposed action are not considered 3. Training, technical assistance, and Government departments or agencies calling significant and the action cannot be educational and informational programs and for cooperative activities or the provision of categorically excluded, to the extent activities.* technical assistance, advice, equipment, practicable, the OA should prepare a 4. Operating or maintenance subsidies or funds, or services to those parties, and the agreements, such as operating subsidies to implementation of such agreements; focused EA that complies with this part, transit agencies or air carriers under the OA Procedures, and 40 CFR parts 1500 negotiations and agreements to establish and Essential Air Service program, when the define bilateral safety relationships with through 1508. subsidy or agreement will not result in a foreign governments and the implementation change in the effect on the environment. § 13.37 Environmental Impact Statements of such agreements.* 5. Actions categorically excluded in OA for legislative proposals. 16. The following actions relating to Procedures 6 where the action is economic regulation of airlines: (a) Preparation. An OA must prepare administered by another OA. The OA with a. Actions approving an agreement and publish a legislative EIS (LEIS) for the CE must provide a written determination between an air carrier and a foreign air any legislative proposal for which DOT carrier; acquisition of control, merger, has primary responsibility and involves 6 See Appendix B to part 13. consolidation, or interlocking relationship;*

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b. Finding a U.S. or foreign air carrier fit Order 1050.1F, Paragraph 5–6 (80 FR 44208, 4. Section 7 of the Endangered Species Act, under 49 U.S.C. chapters 411 or 413;* July 24, 2015). as amended, 16 U.S.C. 1536. c. Approving or setting carrier fares or (b) CEs for the Federal Highway 5. Section 404 of the Federal Water rates;* Administration (FHWA) are located at 23 Pollution Control Act (Clean Water Act), as d. Making a determination on the CFR 771.117. amended, 33 U.S.C. 1344. reasonableness of a fee imposed by an airport (c) CEs for the Federal Motor Carrier Safety 6. Migratory Bird Treaty Act, as amended, proprietor on a U.S. or foreign air carrier;* Administration (FMCSA) are located at 16 U.S.C. 703–712. e. Route awards involving turboprop FMCSA Order 5610.1, Appendix 2 (69 FR 7. Bald and Golden Eagle Protection Act, aircraft having a capacity of 60 seats or less 9680, March 1, 2004). as amended, 16 U.S.C. 668–668d. and a maximum payload capacity of 18,000 (d) CEs for the Federal Railroad 8. Section 307 of the Coastal Zone pounds or less; Administration (FRA) are located in 23 CFR f. Route awards that do not involve 771.116(c). Management Act of 1972, as amended, 16 supersonic service and will not result in an (e) CEs for the Federal Transit U.S.C. 1456. increase in commercial aircraft operations of Administration (FTA) are located in 23 CFR 9. Section 2 of the Fish and Wildlife one or more percent; 771.118. Coordination Act, as amended, 16 U.S.C. 662. g. Determinations on termination of airline (f) CEs for the Maritime Administration 10. Section 305 of the Magnuson-Stevens employees;* (MARAD) are located at Maritime Fishery Conservation and Management Act, h. Actions relating to consumer protection, Administration Order No. 600–1, Appendix 1 as amended, 16 U.S.C. 1855. including regulations;* (50 FR 11606, March 22, 1985). 11. Fish and Wildlife Conservation Act, as i. Authorizing carriers to serve airports (g) CEs for the Saint Lawrence Seaway amended, 16 U.S.C. 2901–2912. already receiving the type of service Development Corporation (SLSDC) are 12. Section 9 of the Rivers and Harbors Act authorized, which does not result in located at SLSDC Order 10–5610.1C, of 1899, as amended, 33 U.S.C. 401. significant air quality, noise or other adverse Paragraph 6b (46 FR 28795, May 28, 1981). 13. The General Bridge Act of 1946, 33 environmental consequences; Appendix C to Part 13—Environmental U.S.C. 525(a)–(b), 528, 530, and 533. j. Granting temporary or emergency 14. Executive Order 11988, Floodplain authority; Requirements for Integration With the Management (May 24, 1977) as implemented k. Registration of an air taxi operator NEPA Process by the Department through DOT Order pursuant to 14 CFR part 298; and As noted in § 13.13(a), Operating 5650.2. l. Granting of charter authority to a U.S. or 15. Executive Order 11990, Protection of foreign air carrier under 49 U.S.C. chapters Administrations should coordinate and Wetlands (May 24, 1977) as implemented by 411 or 413. integrate all relevant environmental reviews, authorizations, and consultations into the the Department through DOT Order 5660.1A. ‘‘*’’ indicates an undocumented CE NEPA process. The following is a non- 16. Executive Order 12114, Environmental Appendix B to Part 13—List of exhaustive list of authorities under which Effects Abroad of Major Federal Actions (Jan. Categorical Exclusions in Operating these may be conducted (subject to further 4, 1979). Administration Procedures amendment, repeal, rescission, revocation, or 17. Executive Order 12372, other change): Intergovernmental Review of Federal This list identifies the location of 1. Section 4(f), 23 U.S.C. 138 and 49 U.S.C. Programs (July 14, 1982). categorical exclusions (CEs) currently 303. 18. Executive Order 12898, Federal Actions established in each of the Department’s OA 2. Section 176 of the Clean Air Act, as to Address Environmental Justice in Minority Procedures. These CEs are incorporated by amended, 42 U.S.C. 7506, and its Populations and Low-Income Populations reference and may require additional implementing regulations: 40 CFR part 51, (Feb. 11, 1994), as implemented by the approval by the relevant OA. These CEs are subpart T and part 93, subpart A Department through DOT Order 5610.2(a). subject to review for the extraordinary (Transportation Conformity) or 40 CFR part 19. Executive Order 13175, Consultation circumstances contained in the relevant OA 51, subpart W and part 93, subpart B (General and Coordination with Indian Tribal procedures. The Department will update the Conformity). Governments (Nov. 6, 2000). citations contained in this list as necessary. 3. Section 106 of the National Historic (a) CEs for the Federal Aviation Preservation Act of 1966, as amended, 54 [FR Doc. 2020–25030 Filed 11–20–20; 8:45 am] Administration (FAA) are located in FAA U.S.C. 306108 (Section 106). BILLING CODE 4910–9X–P

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Notices Federal Register Vol. 85, No. 226

Monday, November 23, 2020

This section of the FEDERAL REGISTER green color,’’ and must contain less than public/do/PRAMain. Find this contains documents other than rules or 0.5 percent mottled lentils in the particular information collection by proposed rules that are applicable to the appropriate portion size. The original selecting ‘‘Currently under 30-day public. Notices of hearings and investigations, 30-day comment period provided in the Review—Open for Public Comments’’ or committee meetings, agency decisions and proposed rule closed on October 29, by using the search function. rulings, delegations of authority, filing of An agency may not conduct or petitions and applications and agency 2020. A stakeholder submitted a statements of organization and functions are comment requesting an extension of the sponsor a collection of information examples of documents appearing in this comment period. The Agricultural unless the collection of information section. Marketing Service is reopening the displays a currently valid OMB control public comment period for an number and the agency informs additional 30 days to ensure that potential persons who are to respond to DEPARTMENT OF AGRICULTURE interested persons have sufficient time the collection of information that such to review and comment on the notice for persons are not required to respond to Agricultural Marketing Service comment. The comment period is the collection of information unless it [Doc No. AMS–FGIS–20–0066] reopened for 30 days from the date of displays a currently valid OMB control publication of this notice. number. United States Standards for Lentils Authority: 7 U.S.C. 1621–1627. Animal and Plant Health Inspection Service AGENCY: Agricultural Marketing Service, Bruce Summers, USDA. Administrator, Agricultural Marketing Title: Volunteer Service Agreements ACTION: Reopening of comment period. Service. and Volunteer Service Time and [FR Doc. 2020–25809 Filed 11–20–20; 8:45 am] Attendance Record. SUMMARY: Notice is hereby given that OMB Control Number: 0579–New. BILLING CODE 3410–02–P the comment period for a notice for Summary of Collection: Section 1526 comment published in the Federal of the Agriculture and Food Act of 1981 Register on September 29, 2020 is DEPARTMENT OF AGRICULTURE [7 U.S.C. 2272] permits the Secretary of reopened. The publication invited Agriculture to establish a program to use comments on the revision to the method Submission for OMB Review; volunteers in carrying out programs of of interpretation for determining the Comment Request the United States Department of special grade ‘‘Green,’’ as it pertains to Agriculture (USDA). the class ‘‘Lentils,’’ under the authority November 18, 2020. The regulations in Title 5 Code of of the AMA. The Department of Agriculture has Federal Regulations (CFR), DATES: The comment period for the submitted the following information Administrative Personnel, Part 308, proposed rule published on September collection requirement(s) to OMB for authorizes an Agency to establish 29, 2020 at 85 FR 60956 is reopened. review and clearance under the programs designed to provide Comments are due by December 23, Paperwork Reduction Act of 1995, educationally related volunteer 2020. Public Law 104–13. Comments are assignments for students. requested regarding; whether the APHIS will collection information ADDRESSES: We invite you to submit collection of information is necessary using MRP forms, 126A, Student written comments via the internet at for the proper performance of the Service Agreement and Recordkeeping; http://www.regulations.gov. All functions of the agency, including MRP 126B, Nonstudent Volunteer comments should refer to the date and whether the information will have Service Agreement; and MRP 126C, page number of this issue of the Federal practical utility; the accuracy of the Volunteer Time and Attendance Record. Register. All comments submitted in agency’s estimate of burden including Need and Use of the Information: response to the notice, including the the validity of the methodology and This information collection is necessary identity of individuals or entities assumptions used; ways to enhance the to: (a) Facilitate establishment of submitting comments, will be made quality, utility and clarity of the guidelines for acceptance of volunteer available to the public on the internet information to be collected; and ways to services under the above authorities; (b) via http://www.regulations.gov. minimize the burden of the collection of make a determination of individuals’ FOR FURTHER INFORMATION CONTACT: information on those who are to eligibility and suitability to serve as a Loren Almond, USDA AMS; Telephone: respond, including through the use of volunteer in the Marketing and (816) 891–0422; Email: appropriate automated, electronic, Regulatory Programs (MRP), USDA; and [email protected]. mechanical, or other technological (c) comply with the Office of Personnel SUPPLEMENTARY INFORMATION: On collection techniques or other forms of Management (OPM) regulation to September 29, 2020, AMS published a information technology. require documentation of volunteer notice seeking comment on a proposal Comments regarding this information service. If this information collection is to amend the U.S. Standards for Lentils collection received by December 23, not conducted, MRP would not be able as well as the Pea and Lentil Inspection 2020 will be considered. Written to determine the individual’s eligibility Handbook. The proposal would revise comments and recommendations for the and suitability to serve as a volunteer. the special grade ‘‘Green,’’ as it pertains proposed information collection should Description of Respondents: to the class ‘‘Lentils,’’ by revising the be submitted within 30 days of the Individuals or households and definition to state, ‘‘Clear seeded (green) publication of this notice on the businesses. lentils possessing a natural, uniformly following website www.reginfo.gov/ Number of Respondents: 86.

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Frequency of Responses: Reporting; Monday through Friday, except compliance with facility establishment On occasion; Quarterly. holidays. To be sure someone is there to and parameters for the movement of Total Burden Hours: 151. help you, please call (202) 799–7039 consignments from the port of entry or before coming. points of origin in the United States to Ruth Brown, FOR FURTHER INFORMATION CONTACT: For the treatment facility in the irradiation Departmental Information Collection treatment regulations language in the Clearance Officer. information on environmental cold treatment regulations. [FR Doc. 2020–25781 Filed 11–20–20; 8:45 am] monitoring, contact Mr. Todd Dutton, Assistant Director, PHP, PPQ, APHIS, We are asking the Office of BILLING CODE 3410–34–P 4700 River Road, Riverdale, MD 20737; Management and Budget (OMB) to (301) 851–2348. For copies of more approve the use of these information DEPARTMENT OF AGRICULTURE detailed information on the information collection activities, as described, for an collection, contact Mr. Joseph Moxey, additional 3 years. Animal and Plant Health Inspection APHIS’ Information Collection The purpose of this notice is to solicit Service Coordinator, at (301) 851–2483. comments from the public (as well as affected agencies) concerning our [Docket No. APHIS–2020–0102] SUPPLEMENTARY INFORMATION: Title: Standardizing Phytosanitary information collection. These comments Notice of Request for Revision to and Treatment Regulations: Approval of will help us: Extension of Approval of an Cold Treatment and Irradiation (1) Evaluate whether the collection of Information Collection; Standardizing Facilities; Cold Treatment Schedules; information is necessary for the proper Phytosanitary Treatment Regulations: and Establishment of Fumigation and performance of the functions of the Approval of Cold Treatment and Cold Treatment Compliance Agency, including whether the Irradiation Facilities; Cold Treatment Agreements. information will have practical utility; Schedules; and Establishment of OMB Control Number: 0579–0450. (2) Evaluate the accuracy of our Fumigation and Cold Treatment Type of Request: Revision to and estimate of the burden of the collection Compliance Agreements extension of approval of an information of information, including the validity of collection. the methodology and assumptions used; AGENCY: Animal and Plant Health Abstract: The United States (3) Enhance the quality, utility, and Inspection Service, USDA. Department of Agriculture (USDA) is clarity of the information to be ACTION: Revision to and extension of responsible for preventing plant collected; and approval of an information collection; diseases or insect pests from entering (4) Minimize the burden of the comment request. the United States, preventing the spread collection of information on those who of pests and noxious weeds not widely are to respond, through use, as SUMMARY: In accordance with the distributed into the United States, and appropriate, of automated, electronic, Paperwork Reduction Act of 1995, this eradicating those imported pests when mechanical, and other collection notice announces the Animal and Plant eradication is feasible. The Plant technologies; e.g., permitting electronic Health Inspection Service’s intention to Protection Act (PPA, 7 U.S.C. 7701 et submission of responses. request a revision to and extension of seq.) authorizes the Department to carry Estimate of burden: The public approval of an information collection out this mission. Under the PPA, the burden for this collection of information associated the phytosanitary treatment Animal and Plant Health Inspection is estimated to average 0.51 hours per regulations to establish generic criteria Service (APHIS) is authorized, among response. that would allow for the approval of other things, to regulate the importation Respondents: National plant new cold treatment facilities in the of plants, plant products, and other protection organizations, facility Southern and Western States of the articles to prevent the introduction of operators, importers, and State United States. plant pests into the United States. governments. DATES: We will consider all comments The phytosanitary treatment Estimated annual number of that we receive on or before January 22, regulations contained in 7 CFR part 305 respondents: 118. 2021. (referred to below as the regulations) set Estimated annual number of ADDRESSES: You may submit comments out the general requirements for responses per respondent: 3. by either of the following methods: performing treatments and certifying or • Estimated annual number of Federal eRulemaking Portal: Go to approving treatment facilities for fruits, responses: 398. http://www.regulations.gov/ vegetables, and other articles to prevent Estimated total annual burden on #!docketDetail;D=APHIS-2020-0102. the introduction or dissemination of • respondents: 203 hours. (Due to Postal Mail/Commercial Delivery: plant pests or noxious weeds into or averaging, the total annual burden hours Send your comment to Docket No. throughout the United States. may not equal the product of the annual APHIS–2020–0102, Regulatory Analysis The phytosanitary treatment number of responses multiplied by the and Development, PPD, APHIS, Station regulations establish generic criteria that reporting burden per response.) 3A–03.8, 4700 River Road, Unit 118, would allow for the approval of new All responses to this notice will be Riverdale, MD 20737–1238. cold treatment and irradiation facilities; summarized and included in the request Supporting documents and any cold treatment schedules; and for OMB approval. All comments will comments we receive on this docket establishment of fumigation and cold also become a matter of public record. may be viewed at http:// treatment compliance agreements. www.regulations.gov/ These criteria also require additional Done in Washington, DC, this 17th day of #!docketDetail;D=APHIS-2020-0102 or information collection activities. For November 2020. in our reading room, which is located in instance, APHIS requires the Michael Watson, room 1620 of the USDA South Building, establishment of compliance agreements Acting Administrator, Animal and Plant 14th Street and Independence Avenue for those entities that operate fumigation Health Inspection Service. SW, Washington, DC. Normal reading facilities. Also, APHIS requires [FR Doc. 2020–25714 Filed 11–20–20; 8:45 am] room hours are 8 a.m. to 4:30 p.m., harmonized language concerning State BILLING CODE 3410–34–P

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DEPARTMENT OF AGRICULTURE 1. Approve meeting minutes; and information can be found at the 2. Discuss and make following website: https:// Forest Service recommendations on recreation fee www.fs.usda.gov/detail/custergallatin/ proposals for sites located on the Custer workingtogether/advisorycommittees/ Gallatin Resource Advisory Committee Gallatin National Forest. ?cid=stelprd3841767. AGENCY: Forest Service, USDA. The meeting is open to the public. DATES: The meeting will be held on The agenda will include time for people ACTION: Notice of meeting. Tuesday, December 8, 2020, at 9:00 to make oral statements of three minutes a.m., Mountain Standard Time. SUMMARY: The Gallatin Resource or less. Individuals wishing to make an All RAC meetings are subject to Advisory Committee (RAC) will hold a oral statement should request in writing cancellation. For status of the meeting virtual meeting. The committee is by Tuesday, December 1, 2020, to be prior to attendance, please contact the scheduled on the agenda. Anyone who authorized under the Secure Rural person listed under FOR FURTHER would like to bring related matters to Schools and Community Self- INFORMATION CONTACT. Determination Act (the Act) and the attention of the committee may file ADDRESSES: operates in compliance with the Federal written statements with the committee The meeting will be held Advisory Committee Act. The purpose staff before or after the meeting. Written virtually via telephone and/or video of the committee is to improve comments and requests for time for oral conference. For virtual meeting collaborative relationships and to comments must be sent to Lauren informtaion, please contact the person FOR FURTHER INFORMATION provide advice and recommendations to Oswald, Staff Officer, Custer Gallatin listed under the Forest Service concerning projects National Forest Supervisor’s Office, 10 CONTACT. and funding consistent with Title II of East Babcock Street, Bozeman, Written comments may be submitted the Act; and to make recommendations Monatana 59715; by email to as described under SUPPLEMENTARY on recreation fee proposals for sites [email protected], or via INFORMATION. All comments, including consistent with the Federal Lands facsimile to 406–587–6758. names and addresses when provided, Recreation Enhancement Act. RAC Meeting Accommodations: If you are are placed in the record and are information can be found at the a person requiring reasonable available for public inspection and following website: https:// accommodation, please make requests copying. The public may inspect www.fs.usda.gov/detail/custergallatin/ in advance for sign language comments received at the Custer workingtogether/advisorycommittees/ interpreting, assistive listening devices, Gallatin Supervisor’s Office. Please call ?cid=stelprdb5304491. or other reasonable accommodation. For ahead at 406–587–6701 to facilitate entry into the building. DATES: The meeting will be held on access to the facility or proceedings, Wednesday, December 9, 2020, at 9:00 please contact the person listed in the FOR FURTHER INFORMATION CONTACT: a.m., Mountain Standard Time. section titled FOR FURTHER INFORMATION Lauren Oswald, Staff Officer, by phone All RAC meetings are subject to CONTACT. All reasonable at 406–587–6743 or via email at cancellation. For status of the meeting accommodation requests are managed [email protected]. prior to attendance, please contact the on a case-by-case basis. Individuals who use person listed under FOR FURTHER Cikena Reid, telecommunication devices for the deaf (TDD) may call the Federal Information INFORMATION CONTACT. USDA Committee Management Officer. ADDRESSES: The meeting will be held Relay Service (FIRS) at 1–800–877–8339 [FR Doc. 2020–25836 Filed 11–20–20; 8:45 am] between 8:00 a.m. and 8:00 p.m., virtually via telephone and/or video BILLING CODE 3411–15–P conference. For virtual meeting Eastern Standard Time, Monday informtaion, please contact the person through Friday. listed under FOR FURTHER INFORMATION DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: The CONTACT. purpose of the meeting is to: Written comments may be submitted Forest Service 1. Approve meeting minutes; and as described under SUPPLEMENTARY 2. Discuss and make INFORMATION. All comments, including Southern Montana Resource Advisory recommendations on recreation fee names and addresses when provided, Committee; Meeting proposals for sites located on the Custer are placed in the record and are AGENCY: Forest Service, USDA. Gallatin National Forest. available for public inspection and ACTION: Notice of meeting. The meeting is open to the public. copying. The public may inspect The agenda will include time for people comments received at the Custer SUMMARY: The Southern Montana to make oral statements of three minutes Gallatin National Forest Supervisor’s Resource Advisory Committee (RAC) or less. Individuals wishing to make an Office. Please call ahead at 406–587– will hold a virtual meeting. The oral statement should request in writing 6701 to facilitate entry into the building. committee is authorized under the by Tuesday, December 1, 2020, to be FOR FURTHER INFORMATION CONTACT: Secure Rural Schools and Community scheduled on the agenda. Anyone who Lauren Oswald, Staff Officer, by phone Self-Determination Act (the Act) and would like to bring related matters to at 406–587–6743 or via email at operates in compliance with the Federal the attention of the committee may file [email protected]. Advisory Committee Act. The purpose written statements with the committee Individuals who use of the committee is to improve staff before or after the meeting. Written telecommunication devices for the deaf collaborative relationships and to comments and requests for time for oral (TDD) may call the Federal Information provide advice and recommendations to comments must be sent to Lauren Relay Service (FIRS) at 1–800–877–8339 the Forest Service concerning projects Oswald, Staff Officer, Custer Gallatin between 8:00 a.m. and 8:00 p.m., and funding consistent with Title II of National Forest Supervisor’s Office, 10 Eastern Standard Time, Monday the Act; and to make recommendations East Babcock Street, Bozeman, Montana through Friday. on recreation fee proposals for sites 59715; by email to lauren.oswald@ SUPPLEMENTARY INFORMATION: The consistent with the Federal Lands usda.gov, or via facsimile to 406–587– purpose of the meeting is to: Recreation Enhancement Act. RAC 6758.

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Meeting Accommodations: If you are also follow the proceedings by first (FACA), that a planning meeting of the a person requiring reasonable calling the Federal Relay Service at 1– Rhode Island State Advisory Committee accommodation, please make requests 800–877–8339 and providing the to the Commission will convene by web in advance for sign language Service with the conference call number conference, on Wednesday, December 9, interpreting, assistive listening devices, and conference ID number. 2020 at 12 p.m. (ET). The purpose of the or other reasonable accommodation. For Members of the public are entitled to meeting is to discuss the Committee’s access to the facility or proceedings, make comments during the open period project on licensing for formerly please contact the person listed in the at the end of the meeting. Members of incarcerated individuals. section titled FOR FURTHER INFORMATION the public may also submit written DATES: Wednesday, December 9, 2020 at CONTACT. All reasonable comments; the comments must be 12 p.m. (ET). accommodation requests are managed received in the Regional Programs Unit Conference Call-In Information: 1– on a case-by-case basis. within 30 days following the meeting. 800–437–2398; Conference ID: 6978023. Written comments may be mailed to the Cikena Reid, Western Regional Office, U.S. FOR FURTHER INFORMATION CONTACT: USDA Committee Management Officer. Commission on Civil Rights, 300 North Mallory Trachtenberg at [FR Doc. 2020–25826 Filed 11–20–20; 8:45 am] Los Angeles Street, Suite 2010, Los [email protected] or by phone at BILLING CODE 3411–15–P Angeles, CA 90012 or email Ana (202) 809–9618. Victoria Fortes at [email protected]. SUPPLEMENTARY INFORMATION: This Records and documents discussed meeting is available to the public COMMISSION ON CIVIL RIGHTS during the meeting will be available for through the telephone number and public viewing prior to and after the conference ID listed above. Callers can Notice of Public Meeting of the Oregon meeting at https:// expect to incur charges for calls they Advisory Committee www.facadatabase.gov/FACA/apex/ initiate over wireless lines, and the AGENCY: U.S. Commission on Civil FACAPublicCommittee?id=a10t0000001 Commission will not refund any Rights. gzlwAAA. Please click on the incurred charges. ‘‘Committee Meetings’’ tab. Records Individuals who are deaf, deafblind ACTION: Announcement of webhearing. generated from these meetings may also and hard of hearing may also follow the SUMMARY: Notice is hereby given, be inspected and reproduced at the proceedings by first calling the Federal pursuant to the provisions of the rules Regional Programs Unit, as they become Relay Service at 1–800–877–8339 and and regulations of the U.S. Commission available, both before and after the providing the Federal Relay Service on Civil Rights (Commission) and the meetings. Persons interested in the work operator with the conference call-in Federal Advisory Committee Act of this Committee are directed to the numbers: 1–800–437–2398; Conference (FACA) that the Oregon Advisory Commission’s website, https:// ID: 6978023. Committee (Committee) to the www.usccr.gov, or may contact the Members of the public are entitled to Commission will hold a web hearing Regional Programs Unit at the above make comments during the open period from 1 p.m. to 3:30 p.m. (PST) on email or street address. at the end of the meeting. Members of Friday, December 4, 2020. The purpose Agenda the public may also submit written of the web hearing is to hear testimony comments; the comments must be regarding pre-trial release and bail I. Welcome received in the Regional Programs Unit II. Presentations and Q & A within 30 days following the respective practices. This web hearing is titled, Æ ‘‘Access to Justice.’’ John Collins, Presiding Judge, meeting. Written comments may be Yamhill County Circuit Court DATES: Friday, December 4, 2020 from 1 emailed to Mallory Trachtenberg at Æ Jessica Beach, Community Justice p.m.–3:30 p.m. (PST). [email protected]. Persons who Public Call-In Information (audio Director, Yamhill County desire additional information may Æ Jason Myers, Former Sheriff for only): Dial: (800) 360–9505, Access contact the Regional Programs Unit at Marion County code: 199 017 2804. (202) 809–9618. Records and documents Web Access Information (visual only): III. Public Comment discussed during the meeting will be IV. Adjournment The online portion of the meeting may available for public viewing as they be accessed through the following link Dated: November 17, 2020. become available at Webex: https://bit.ly/oregonbaildec4. David Mussatt, www.facadatabase.gov. Persons FOR FURTHER INFORMATION CONTACT: Ana Supervisory Chief, Regional Programs Unit. interested in the work of this advisory Victoria Fortes, Designated Federal [FR Doc. 2020–25757 Filed 11–20–20; 8:45 am] committee are advised to go to the Officer (DFO) at [email protected] or by BILLING CODE P Commission’s website, www.usccr.gov, phone at (202) 681–0857. or to contact the Regional Programs Unit SUPPLEMENTARY INFORMATION: This at the above phone number or email meeting is available to the public COMMISSION ON CIVIL RIGHTS address. through the following toll-free call-in Agenda and Notice of Public Meeting Agenda: Wednesday, December 9, 2020 number: 800–360–9505, Access code: of the Rhode Island Advisory at 12 p.m. (ET) 199 017 2804. Any interested member of Committee the public may call this number and I. Welcome and Roll Call listen to the meeting. Callers can expect AGENCY: Commission on Civil Rights. II. Announcements and Updates III. Approval of Minutes From the Last to incur charges for calls they initiate ACTION: Announcement of meeting. over wireless lines, and the Commission Meeting will not refund any incurred charges. SUMMARY: Notice is hereby given, IV. Discussion: Licensing for Formerly Callers will incur no charge for calls pursuant to the provisions of the rules Incarcerated Individuals they initiate over land-line connections and regulations of the U.S. Commission V. Next Steps to the toll-free telephone number. on Civil Rights (Commission), and the VI. Public Comment Persons with hearing impairments may Federal Advisory Committee Act VII. Adjournment

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Dated: November 17, 2020. click the ‘‘Meeting Details’’ and to provide their names, their David Mussatt, ‘‘Documents’’ links. Records generated organizational affiliations (if any), and Supervisory Chief, Regional Programs Unit. from this meeting may also be inspected email addresses (so that callers may be [FR Doc. 2020–25755 Filed 11–20–20; 8:45 am] and reproduced at the Midwestern notified of future meetings). Callers can BILLING CODE P Regional Office, as they become expect to incur charges for calls they available, both before and after the initiate over wireless lines, and the meetings. Persons interested in the work Commission will not refund any COMMISSION ON CIVIL RIGHTS of this advisory committee are advised incurred charges. Callers will incur no to go to the Commission’s website, charge for calls they initiate over land- Agenda and Notice of Public Meeting www.usccr.gov, or to contact the line connections to the toll-free of the New Hampshire Advisory Regional Programs Unit at the above conference call-in number. Committee phone number or email address. Individuals who are deaf, deafblind AGENCY: Commission on Civil Rights. and hard of hearing may also follow the Agenda: Wednesday, December 9, 2020 proceedings by first calling the Federal ACTION: Announcement of public from 4 p.m.–5:30 p.m. (ET) Relay Service at 1–800–877–8339 and meeting. I. Welcome and Roll Call providing the Federal Relay Service SUMMARY: Notice is hereby given, II. Announcements and Updates operator with the conference call-in pursuant to the provisions of the rules III. Approval of Minutes numbers: 1–866–575–6539 and and regulations of the U.S. Commission IV. Briefing: Solitary Confinement in conference ID: 3918108. on Civil Rights (Commission), and the New Hampshire Members of the public are invited to Federal Advisory Committee Act V. Public Comment make statements during the open (FACA), that the New Hampshire State VI. Next Steps comment period of the meeting or Advisory Committee to the Commission VII. Adjournment submit written comments. The will convene a briefing on Wednesday, Dated: November 17, 2020. comments must be received in the December 9, 2020 at 4 p.m. (ET). The David Mussatt, regional office approximately 30 days purpose of the meeting is to hear Supervisory Chief, Regional Programs Unit. after each scheduled meeting. Written comments may be emailed to Barbara testimony on solitary confinement in [FR Doc. 2020–25754 Filed 11–20–20; 8:45 am] Delaviez at [email protected]. Persons who New Hampshire. BILLING CODE P DATES: Wednesday, December 9, 2020 desire additional information may from 4 p.m.–5:30 p.m. (ET). contact Barbara Delaviez at 202–539– Public Call-In Information: COMMISSION ON CIVIL RIGHTS 8246. Conference call-in number: 1–800–437– Records and documents discussed 2398; Conference ID: 5226726. Notice of Public Meetings of the during the meeting will be available for FOR FURTHER INFORMATION CONTACT: Maryland Advisory Committee public viewing as they become available Mallory Trachtenberg at at www.facadatabase.gov. Persons AGENCY: Commission on Civil Rights. [email protected] or by phone at interested in the work of this advisory (202) 809–9618. ACTION: Announcement of meeting. committee are advised to go to the Commission’s website, www.usccr.gov, SUPPLEMENTARY INFORMATION: These SUMMARY: Notice is hereby given, or to contact the Eastern Regional Office meetings are available to the public pursuant to the provisions of the rules through the telephone number and at the above phone number or email and regulations of the U.S. Commission address. conference ID listed above. Callers can on Civil Rights (Commission), and the expect to incur charges for calls they Federal Advisory Committee Act Agenda: Tuesdays: December 1, 2020; initiate over wireless lines, and the (FACA), that meetings of the Maryland January 5 and February 2, 2021 at 12 Commission will not refund any Advisory Committee to the Commission p.m. (ET) incurred charges. Individuals who are will convene by conference call at 12 • Rollcall deaf, deafblind and hard of hearing may p.m. (ET) on the following Tuesdays: • Continued Work on COVID-19 Health also follow the proceedings by first December 1, 2020; January 5 and Disparities calling the Federal Relay Service at 1– February 2, 2021. The purpose of the • Next Steps and Other Business 800–877–8339 and providing the meetings is to continue its work on • Open Comment Service with the conference call-in health disparities and COVID–19 in • Adjournment numbers: 1–800–437–2398; Conference Maryland. Dated: November 17, 2020. ID: 5226726. Members of the public are entitled to DATES: Tuesdays: December 1, 2020; David Mussatt, make comments during the open period January 5 and February 2, 2021, at 12 Supervisory Chief, Regional Programs Unit. at the end of each meeting. Members of p.m. (ET). [FR Doc. 2020–25759 Filed 11–20–20; 8:45 am] Public Call-In Information: 1–866– the public may also submit written BILLING CODE P comments; the comments must be 575–6539 and conference ID: 3918108. received in the Regional Programs Unit FOR FURTHER INFORMATION CONTACT: within 30 days following the respective Barbara Delaviez at [email protected] or by COMMISSION ON CIVIL RIGHTS meeting. Written comments may be phone at 202–539–8246. Notice of Public Meeting of the Oregon emailed to Mallory Trachtenberg at SUPPLEMENTARY INFORMATION: Interested [email protected]. Persons who members of the public may listen to the Advisory Committee desire additional information may discussion by calling the following toll- AGENCY: U.S. Commission on Civil contact the Regional Programs Unit at free conference call-in number: 1–866– Rights. (202) 809–9618. Records and documents 575–6539 and conference ID: 3918108. ACTION: Announcement of webhearing. discussed during the meeting will be Please be advised that before placing available for public viewing as they them into the conference call, the SUMMARY: Notice is hereby given, become available at the FACA Link; conference call operator will ask callers pursuant to the provisions of the rules

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and regulations of the U.S. Commission Programs Unit, as they become corrosion-resistant steel products on Civil Rights (Commission) and the available, both before and after the (CORE) from Taiwan,1 covering the Federal Advisory Committee Act meetings. Persons interested in the work following two respondents: (1) (FACA) that the Oregon Advisory of this Committee are directed to the Prosperity Tieh Enterprise Co., Ltd. Committee (Committee) to the Commission’s website, https:// (Prosperity); and (2) the previously Commission will hold a web hearing www.usccr.gov, or may contact the collapsed Yieh Phui Enterprise Co., Ltd. from 1 p.m. to 3:30 p.m. (PST) on Regional Programs Unit at the above (YP) and Synn Co., Ltd. (Synn) entity Friday, December 11, 2020. The purpose email or street address. (collectively, YP/Synn).2 On March 16, of the web hearing is to hear testimony 2020, we extended the preliminary Agenda regarding pre-trial release and bail results of this review to no later than practices. This web hearing is titled, I. Welcome July 30, 2020.3 On April 24, 2020, ‘‘Community Perspectives.’’ II. Presentations and Q&A Commerce tolled all deadlines in Æ DATES: Friday, December 11, 2020 from Amanda Trujillo, Cofounder, administrative reviews by 50 days.4 On 1 p.m.–3:30 p.m. (PST). Portland Freedom Fund July 21, 2020 Commerce tolled all Æ Public Call-In Information (audio Terrence Hayes, Member, Oregon deadlines in administrative reviews by only): Dial: (800) 360–9505, Access DA for the People (Tentative) 60 days, thereby extending the deadline Æ code: 199 874 8880. Topo Padilla, Co-Owner, Padilla for these preliminary results until Web Access Information (visual only): Bail Bonds November 17, 2020.5 For a complete The online portion of the meeting may III. Public Comment description of the events that followed be accessed through the following link IV. Adjournment the initiation of this review, see the Webex: https://bit.ly/oregonbaildec11. Dated: November 17, 2020. Preliminary Decision Memorandum.6 A FOR FURTHER INFORMATION CONTACT: Ana David Mussatt, Victoria Fortes, Designated Federal 1 See Initiation of Antidumping and Supervisory Chief, Regional Programs Unit. Countervailing Duty Administrative Reviews, 84 FR Officer (DFO) at [email protected] or by [FR Doc. 2020–25758 Filed 11–20–20; 8:45 am] 47242 (September 9, 2019). phone at (202) 681–0857. BILLING CODE P 2 In the less-than-fair-value (LTFV) investigation SUPPLEMENTARY INFORMATION: This of the AD order, we collapsed Prosperity, YP, and meeting is available to the public Synn and treated them as a single entity. See Certain Corrosion-Resistant Steel Products from through the following toll-free call-in DEPARTMENT OF COMMERCE Taiwan: Final Determination of Sales at Less Than number: 800–360–9505, Access code: Fair Value and Final Affirmative Determination of 199 874 8880. Any interested member of International Trade Administration Critical Circumstances, in Part, 81 FR 35313 (June the public may call this number and 2, 2016) and accompanying Issues and Decision [A–583–856] Memorandum (IDM) at Comment 3 (Taiwan CORE listen to the meeting. Callers can expect LTFV Final); unchanged in Certain Corrosion- to incur charges for calls they initiate Certain Corrosion-Resistant Steel Resistant Steel Products from India, Italy, the over wireless lines, and the Commission Products From Taiwan: Preliminary People’s Republic of China, the Republic of Korea will not refund any incurred charges. and Taiwan: Amended Final Affirmative Results of Antidumping Duty Antidumping Determination for India and Taiwan, Callers will incur no charge for calls Administrative Review and Preliminary and Antidumping Duty Orders, 82 FR 48390 (July they initiate over land-line connections Determination of No Shipments; 2018– 25, 2016) (Order). The determination to collapse to the toll-free telephone number. 2019 Prosperity with Synn was challenged by respondent Persons with hearing impairments may parties in the investigation and was subject to pending litigation in Taiwan CORE LTFV Final. In also follow the proceedings by first AGENCY: Enforcement and Compliance, the first antidumping duty administrative review, calling the Federal Relay Service at 1– International Trade Administration, we determined to no longer collapse Prosperity 800–877–8339 and providing the Department of Commerce. with YP and Synn but we continued to collapse YP Service with the conference call number and Synn and treat them as a single entity. See SUMMARY: The Department of Commerce Certain Corrosion-Resistant Steel Products From and conference ID number. (Commerce) preliminarily determines Taiwan: Preliminary Results of Antidumping Duty Members of the public are entitled to that producers/exporters subject to this Administrative Review and Partial Rescission of make comments during the open period review made sales of subject Antidumping Duty Administrative Review; 2016- at the end of the meeting. Members of 2017, 83 FR 39679 (August 10, 2018); unchanged merchandise at less than normal value in Certain Corrosion-Resistant Steel Products From the public may also submit written during the period of review (POR) July Taiwan: Final Results of Antidumping Duty comments; the comments must be 1, 2018 through June 30, 2019. We Administrative Review; 2016–2017, 83 FR 64527 received in the Regional Programs Unit invite interested parties to comment on (December 17, 2018); amended by Certain within 30 days following the meeting. Corrosion-Resistant Steel Products From Taiwan: these preliminary results. Amended Final Results of Antidumping Duty Written comments may be mailed to the DATES: Applicable November 23, 2020. Administrative Review; 2016–2017, 84 FR 5991 Western Regional Office, U.S. (February 25, 2019). FOR FURTHER INFORMATION CONTACT: Commission on Civil Rights, 300 North 3 See Memorandum, ‘‘Certain Corrosion-Resistant Los Angeles Street, Suite 2010, Los Charles Doss or Kate Sliney, AD/CVD Steel Products from Taiwan: Extension of Time Operations, Office III, Enforcement and Limit for Preliminary Results of the 2018–2019 Angeles, CA 90012 or email Ana Antidumping Duty Administrative Review,’’ dated Victoria Fortes at [email protected]. Compliance, International Trade Administration, U.S. Department of March 16, 2020. Records and documents discussed 4 See Memorandum, ‘‘Tolling of Deadlines for during the meeting will be available for Commerce, 1401 Constitution Avenue Antidumping and Countervailing Duty public viewing prior to and after the NW, Washington, DC 20230; telephone: Administrative Reviews in Response to Operational meeting at https:// (202) 482–4474 and (202) 482–2437, Adjustments Due to COVID–19,’’ dated April 24, respectively. 2020. www.facadatabase.gov/FACA/apex/ 5 See Memorandum, ‘‘Tolling of Deadlines for FACAPublicCommittee?id=a10t0000001 SUPPLEMENTARY INFORMATION: Antidumping and Countervailing Duty gzlwAAA. Administrative Reviews,’’ dated July 21, 2020. Please click on the ‘‘Committee Background 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2018–2019 Meetings’’ tab. Records generated from Commerce is conducting an Antidumping Duty Administrative Review: Certain these meetings may also be inspected administrative review of the Corrosion-Resistant Steel Products from Taiwan,’’ and reproduced at the Regional antidumping duty (AD) order on certain Continued

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list of topics included in the Affiliation and Collapsing (the Act). Export price and constructed Preliminary Decision Memorandum is As noted above, YP and Synn were export price were calculated in included as an appendix to this notice. collapsed and treated as a single entity accordance with section 772 of the Act. The Preliminary Decision Memorandum for the purposes of the LTFV Normal value is calculated in is a public document and is on file investigation and each of the prior accordance with section 773 of the Act. electronically via Enforcement and administrative reviews of this For a full description of the Compliance’s Antidumping and antidumping order. As a result, we methodology underlying our Countervailing Duty Centralized selected the YP/Synn entity as a single conclusions, see the Preliminary Electronic Service System (ACCESS). combined respondent and treated it as Decision Memorandum. ACCESS is available to registered users such in the pre-preliminary phase of Preliminary Results of the Review this review. However, we preliminarily at https://access.trade.gov. In addition, Commerce preliminarily determines determine that the instant record no the complete Preliminary Decision the following weighted-average longer supports a finding that YP should Memorandum can be accessed directly dumping margins exist for the period be collapsed with Synn, and therefore at http://enforcement.trade.gov/frn/ July 1, 2018 through June 30, 2019: index.html. The signed and the should no longer be collapsed as the 8 electronic versions of the Preliminary YP/Synn entity. Estimated Decision Memorandum are identical in Preliminary Determination of No weighted- average content. Shipments Exporter/producer dumping margin Scope of the Order 7 On September 20, 2019, Synn submitted a letter certifying that it had (percent) The products covered by the order are no exports or sales of subject Hoa Sen Group ...... 1.51 flat-rolled steel products, either clad, merchandise into the United States Nippon Steel ...... 1.51 plated, or coated with corrosion- during the POR.9 U.S. Customs and Prosperity Tieh Enterprise resistant metals such as zinc, aluminum, Border Protection (CBP) did not have Co., Ltd ...... 0.00 or zinc-, aluminum-, nickel- or iron- any information to contradict these Sheng Yu Steel Co., Ltd ...... 1.51 Sumikin Sales Vietnam Co., based alloys, whether or not corrugated claims of no shipments during the 10 Ltd ...... 1.51 or painted, varnished, laminated, or POR. Therefore, pursuant to our preliminarily determination to treat YP Ton Dong A Corporation ...... 1.51 coated with plastics or other non- Yieh Phui Enterprise Co., Ltd 1.51 metallic substances in addition to the and Synn as distinct respondents for the purposes of this administrative review, metallic coating. The subject Assessment Rates as discussed immediately above, we merchandise is currently classifiable preliminarily determine that Synn did Upon issuance of the final results, under the Harmonized Tariff Schedule not have any reviewable transactions Commerce shall determine, and CBP of the United States (HTSUS) during the POR. Consistent with shall assess, antidumping duties on all subheadings: 7210.30.0030, Commerce’s practice, we will not appropriate entries covered by this 7210.30.0060, 7210.41.0000, rescind the review with respect to Synn, review. 7210.49.0030, 7210.49.0091, but rather will complete the review and For any individually examined 7210.49.0095, 7210.61.0000, issue instructions to CBP based on the respondents whose weighted-average 7210.69.0000, 7210.70.6030, final results.11 dumping margin is above de minimis 7210.70.6060, 7210.70.6090, (i.e., 0.50 percent), we will calculate Methodology 7210.90.6000, 7210.90.9000, importer-specific ad valorem AD 7212.20.0000, 7212.30.1030, Commerce is conducting this review assessment rates based on the ratio of 7212.30.1090, 7212.30.3000, in accordance with section 751(a)(1) and the total amount of dumping calculated 7212.30.5000, 7212.40.1000, (2) of Tariff Act of 1930, as amended for the importer’s examined sales to the 7212.40.5000, 7212.50.0000, and total entered value of those same sales 8 7212.60.0000. The products subject to For a further discussion of the preliminary in accordance with 19 CFR affiliation and collapsing determination, see 351.212(b)(1).12 We will instruct CBP to the orders may also enter under the Memorandum, ‘‘Administrative Review of the Antidumping Duty Order on Certain Corrosion- assess antidumping duties on all following HTSUS item numbers: appropriate entries covered by this 7210.90.1000, 7215.90.1000, Resistant Steel Products from Taiwan: Preliminary Affiliation and Collapsing Memorandum for Yieh review when the importer-specific 7215.90.3000, 7215.90.5000, Phui Enterprise Co., Ltd. and Synn Industrial Co., assessment rate calculated in the final 7217.20.1500, 7217.30.1530, Ltd.,’’ dated concurrently with this notice results of this review is above de 7217.30.1560, 7217.90.1000, (Affiliation-Collapsing Memo). 9 See Synn’s Letter, ‘‘Corrosion-Resistant Steel minimis (i.e., 0.5 percent). Where either 7217.90.5030, 7217.90.5060, Products from Taiwan; No Shipment Certification,’’ the respondent’s weighted-average 7217.90.5090, 7225.91.0000, dated September 20, 2019 (Synn’s No Shipment dumping margin is zero or de minimis, 7225.92.0000, 7225.99.0090, Certification). or an importer-specific assessment rate 10 See Memorandum, ‘‘2018–2019 Administrative 7226.99.0110, 7226.99.0130, Review of on Certain Corrosion-Resistant Steel is zero or de minimis, we will instruct 7226.99.0180, 7228.60.6000, Products from Taiwan: U.S. Customs and Border CBP to liquidate the appropriate entries 7228.60.8000, and 7229.90.1000. The Protection Data,’’ dated November 10, 2020. without regard to antidumping duties. HTSUS subheadings above are provided 11 See, e.g., Certain Frozen Warmwater Shrimp The final results of this review shall be from Thailand; Preliminary Results of Antidumping for convenience and customs purposes Duty Administrative Review, Partial Rescission of the basis for the assessment of only. The written description of the Review, Preliminary Determination of No scope of the order is dispositive. Shipments; 2012–2013, 79 FR 15951, 15952 (March 12 In these preliminary results, Commerce applied 24, 2014), unchanged in Certain Frozen Warmwater the assessment rate calculation method adopted in Shrimp from Thailand: Final Results of Antidumping Proceedings: Calculation of the dated concurrently with, and hereby adopted by, Antidumping Duty Administrative Review, Final Weighted-Average Dumping Margin and this notice (Preliminary Decision Memorandum). Determination of No Shipments, and Partial Assessment Rate in Certain Antidumping 7 For the full text of the scope of the order, see Rescission of Review; 2012–2013, 79 FR 51306, Proceedings; Final Modification, 77 FR 8101 the Preliminary Decision Memorandum. 51307 (August 28, 2014). (February 14, 2012).

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antidumping duties on entries of cash deposit rate will continue to be the scheduled date for the hearing at a time merchandise covered by the final results company-specific rate published for the and location to be determined.21 Parties of this review where applicable. most recently completed segment of this should confirm by telephone the date, For the companies which were not proceeding in which the producer or time, and location of the hearing. selected for individual review (i.e., Hoa exporter participated; (3) if the exporter Unless the deadline is extended Sen Group, Nippon Steel, Sheng Yu is not a firm covered in this review, a pursuant to section 751(a)(3)(A) of the Steel Co., Ltd., Sumikin Sales Vietnam prior review, or the original less-than- Act and 19 CFR 351.213(h)(2), Co., Ltd., and Ton Dong A Corporation), fair-value investigation but the producer we will assign an assessment rate based is, the cash deposit rate will be the rate Commerce will issue the final results of on the weighted-average of the cash established for the most recently this administrative review, including deposit rates calculated for the completed segment of the proceeding the results of our analysis of the issues companies selected for mandatory for the producer of the merchandise; raised by the parties in their case briefs, review (i.e., Prosperity and YP), and (4) the cash deposit rate for all other not later than 120 days after the date of excluding any which are de minimis or producers or exporters will continue to publication of this notice, pursuant to determined entirely on adverse facts be 3.66 percent, the all-others rate section 751(a)(3)(A) of the Act. available. The final results of this established in Amended Final Notification to Importers review shall be the basis for the Determination.16 These deposit assessment of antidumping duties on requirements, when imposed, shall This notice also serves as a entries of merchandise covered by the remain in effect until further notice. preliminary reminder to importers of final results of this review and for future their responsibility under 19 CFR deposits of estimated duties, where Disclosure and Public Comment 351.402(f)(2) to file a certificate applicable.13 Commerce will disclose to parties to regarding the reimbursement of In accordance with Commerce’s this proceeding the calculations ‘‘automatic assessment’’ practice, for antidumping duties prior to liquidation performed in reaching the preliminary of the relevant entries during this entries of subject merchandise during results within five days of the date of review period. Failure to comply with the POR produced by each respondent publication of these preliminary this requirement could result in for which they did not know that their results.17 Pursuant to 19 CFR merchandise was destined for the 351.309(c)(1)(ii), interested parties may Commerce’s presumption that United States, we will instruct CBP to submit case briefs not later than 30 days reimbursement of antidumping duties liquidate entries not reviewed at the all- after the date of publication of this occurred and the subsequent assessment others rate of 3.66 percent established in notice. Rebuttal briefs, limited to issues of doubled antidumping duties. the LTFV investigation 14 if there is no raised in the case briefs, may be filed Notification to Interested Parties rate for the intermediate company(ies) not later than seven days after the date 15 involved in the transaction. We intend for filing case briefs.18 Parties who These preliminary results of review to issue instructions to CBP 15 days submit case briefs or rebuttal briefs in are issued and published in accordance after publication of the final results of this proceeding are requested to submit with sections 751(a)(1) and 777(i)(1) of this review. with the argument: (1) A statement of the Act and 19 CFR 351.221(b)(4). the issue, (2) a summary of the Cash Deposit Requirements Dated: November 17, 2020. argument, and (3) a table of The following deposit requirements 19 Jeffrey I. Kessler, will be effective upon publication of the authorities. All briefs must be filed electronically using ACCESS. An Assistant Secretary for Enforcement and notice of final results of administrative Compliance. review for all shipments of CORE from electronically filed document must be Taiwan entered, or withdrawn from received successfully in its entirety by Appendix warehouse, for consumption on or after Commerce’s electronic records system, List of Topics Discussed in the Preliminary the date of publication provided by ACCESS. Decision Memorandum section 751(a)(2) of the Act: (1) The cash Interested parties who wish to request deposit rate for each company listed a hearing must submit a written request I. Summary above will be equal to the dumping to the Assistant Secretary for II. Background margins established in the final results Enforcement and Compliance, U.S. III. Scope of the Order of this review except if the ultimate Department of Commerce, using IV. Affiliation and Collapsing rates are de minimis within the meaning Enforcement and Compliance’s ACCESS V. Preliminary Determination of No of 19 CFR 351.106(c)(1), in which case system within 30 days of publication of Shipments 20 the cash deposit rates will be zero; (2) this notice. Requests should contain VI. Rates for Respondents Not Selected for for merchandise exported by producers the party’s name, address, and Individual Examination or exporters not covered in this telephone number, the number of VII. Discussion of the Methodology administrative review but covered in a participants, and a list of the issues to VIII. Currency Conversion IX. Recommendation prior segment of the proceeding, the be discussed. If a request for a hearing is made, we will inform parties of the [FR Doc. 2020–25852 Filed 11–20–20; 8:45 am] 13 See section 751(a)(2)(C) of the Act. BILLING CODE 3510–DS–P 16 14 See Corrosion-Resistant Steel Products from See Amended Final Determination. Taiwan: Notice of Court Decision Not in Harmony 17 See 19 CFR 351.224(b). with Final Determination of Antidumping Duty 18 See 19 CFR 351.309(d); see also Temporary Investigation and Notice of Amended Final Rule Modifying AD/CVD Service Requirements Due Determination of Investigation, 84 FR 6129 to COVID–19, 85 FR 17006 (March 26, 2020); and (February 26, 2019) (Amended Final Temporary Rule Modifying AD/CVD Service Determination). Requirements Due to COVID–19; Extension of 15 For a full discussion of this practice, see Effective Period, 85 FR 41363 (July 10, 2020) Antidumping and Countervailing Duty Proceedings: (collectively, Temporary Rule). Assessment of Antidumping Duties, 68 FR 23954 19 See 19 CFR 351.309(c)(2) and (d)(2). (May 6, 2003). 20 See 19 CFR 351.310(c). 21 See 19 CFR 351.310.

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DEPARTMENT OF COMMERCE States for groups of up to 20 business questionnaire may be completed and and government professionals from submitted. Alumni success story reports International Trade Administration Eurasia and other regions. These are used internally by SABIT staff to professionals meet with U.S. record success information, but at times Agency Information Collection government agencies, non-governmental they may be sent to alumni to fill out Activities; Submission to the Office of organizations and private sector and submit electronically. Management and Budget (OMB) for companies in order to learn about Review and Approval; Comment various business practices and III. Data Request; SABIT Participant principles. This unique private sector- OMB Control Number: 0625–0225. Application, Participant Survey, U.S. Government partnership was Alumni Survey Form Number(s): ITA–4143P–3. created in order to tap into the U.S. Type of Review: Regular submission private sector’s expertise and to assist AGENCY: International Trade (revision of a currently approved developing regions in their transition to Administration, Commerce. information collection). market-based economies while ACTION: Notice of information collection, Affected Public: Individuals or request for comment. simultaneously boosting trade between the United States and other countries. households; Business or other for-profit organizations. SUMMARY: The Department of SABIT also develops and implements Commerce, in accordance with the virtual events for its alumni and other Estimated Number of Respondents: Paperwork Reduction Act of 1995 participants that provide industry- 3,500. (PRA), invites the general public and specific training on best practices for Estimated Time per Response: other Federal agencies to comment on business and management, and fosters Participant application, 3 hours; proposed, and continuing information contacts with U.S. organizations. participant exit questionnaire, 1 hour; collections, which helps us assess the Participant applications are needed to alumni survey, 1 hour. impact of our information collection enable SABIT to find the most qualified Estimated Total Annual Burden requirements and minimize the public’s participants for the training programs. Hours: 7,000. reporting burden. The purpose of this Participant exit questionnaires provide Estimated Total Annual Cost to notice is to allow for 60 days of public insight as to what the participants have Public: $0. learned, and they are used to improve comment preceding submission of the Respondent’s Obligation: Voluntary. collection to OMB. the content and administration of future programs. Alumni success story reports Legal Authority: Section 632(a) of the DATES: To ensure consideration, Foreign Assistance Act of 1961, as comments regarding this proposed track the success of the program as regards to business ties between the U.S. amended (the ‘‘FAA’’), and pursuant to information collection must be received the Department of State, Foreign on or before January 22, 2021. and the countries SABIT covers. The closing date for participant Operations, and Related Programs ADDRESSES: Interested persons are applications is based upon the starting Appropriations Act, 2018 (Div. K, P.L. invited to submit written comments by date of the program and is published 115–141). email to Towanda Carey, ITA with the application and on the IV. Request for Comments Paperwork Clearance Officer, program’s website at www.trade.gov/ International Trade Administration at sabit. Pursuant to section 632(a) of the We are soliciting public comments to [email protected] or Foreign Assistance Act of 1961, as permit the Department/Bureau to: (a) [email protected]. Please amended, funding for the programs will Evaluate whether the proposed reference OMB Control Number 0625– be provided through the Agency for information collection is necessary for 0225 in the subject line of your International Development (AID). the proper functions of the Department, comments. Do not submit Confidential The SABIT Program has revised the including whether the information will Business Information or otherwise collection instruments. The instruments have practical utility; (b) Evaluate the sensitive or protected information. are very similar to those used by SABIT accuracy of our estimate of the time and FOR FURTHER INFORMATION CONTACT: in past years. However, some wording cost burden for this proposed collection, Requests for additional information or has been changed to reflect the changing including the validity of the specific questions related to collection needs of SABIT over time. The changes methodology and assumptions used; (c) activities should be directed to Tracy M. are relatively minor and most of them Evaluate ways to enhance the quality, Rollins, Director, SABIT Program, are rephrasing of wording. Instructions utility, and clarity of the information to International Trade Administration, for filling out the form, methods of be collected; and (d) Minimize the (202) 482–0392, [email protected]. submission, and the order of questions reporting burden on those who are to SUPPLEMENTARY INFORMATION: have been revised on the Participant respond, including the use of automated Application. These revisions are not I. Abstract collection techniques or other forms of expected to increase the response time information technology. The Special American Business to complete the instruments. Comments submitted in response to Internship Training (SABIT) Program of II. Method of Collection this notice will be summarized and/or the Department of Commerce’s included in the request for OMB International Trade Administration Participant applications may be approval of this information collection; (ITA), is a key element in the U.S. downloaded from the SABIT websites at they also will become a matter of public Government’s efforts to support the www.trade.gov/sabit when available. record. economic transition of Eurasia (the Applications may be sent to program former Soviet Union) and to support candidates via email upon request. Sheleen Dumas, economic growth in other regions of the Applications are collected via email. Department PRA Clearance Officer, Office of world, including countries in Europe, Participant exit questionnaires are given the Chief Information Officer, Commerce South Asia, and the Middle East, et al. to program participants at the Department. SABIT develops and implements two- completion of programs electronically, [FR Doc. 2020–25725 Filed 11–20–20; 8:45 am] week training programs in the United although in rare situations, a paper BILLING CODE 3510–HE–P

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DEPARTMENT OF COMMERCE Ya and SMTC.3 Subsequently, on Preliminary Determination of No September 9, 2019, in accordance with Shipments International Trade Administration 19 CFR 351.222(c)(1)(i), Commerce published a notice of initiation of an Based on our analysis of U.S. Customs [A–583–837] administrative review of the AD order and Border Protection (CBP) on PET film from Taiwan.4 We issued information and information provided Polyethylene Terephthalate Film, our initial questionnaires to Nan Ya on by SMTC and its affiliate Shinkong Sheet, and Strip From Taiwan: October 4, 2019.5 Synthetic Fibers Corp., we preliminarily Preliminary Results of Antidumping On March 26, 2020, in accordance determine that SMTC had no shipments Duty Administrative Review and with section 751(a)(3)(A) of the Act, and of the subject merchandise during the Preliminary Determination of No 19 CFR 351.213(h)(2), Commerce POR.11 Consistent with Commerce’s Shipments; 2018–2019 extended the due date for the practice, we will not rescind the review preliminary results by an additional 69 AGENCY: Enforcement and Compliance, with respect to SMCT, but will complete days, from April 1, 2020 to July 9, International Trade Administration, the review and issue instructions to CBP 2020.6 12 U.S. Department of Commerce. On April 24, 2020, Commerce based on the final results. issued a memorandum tolling all SUMMARY: The Department of Commerce deadlines for administrative reviews by Methodology (Commerce) is conducting an 50 days.7 On July 21, 2020, Commerce Commerce is conducting this review administrative review of the issued another memorandum tolling all in accordance with section 751(a)(2) of antidumping duty (AD) order on deadlines for administrative reviews by the Act. Export price is calculated in polyethylene terephthalate film, sheet, a total of 60 days.8 On October 22, 2020, and strip (PET film) from Taiwan. The in accordance with section 751(a)(3)(A) accordance with section 772 of the Act. period of review (POR) is July 1, 2018 of the Act and 19 CFR 351.213(h)(2), NV is calculated in accordance with through June 30, 2019. This review Commerce extended the due date for the section 773 of the Act. covers the respondent Nan Ya Plastics preliminary results by an additional 21 For a full description of the Corporation (Nan Ya) and Shinkong days.9 The current deadline is methodology underlying our Materials Technology Corporation November 17, 2020. conclusions, see the Preliminary (SMTC), producers and exporters of PET Decision Memorandum. A list of topics film from Taiwan. Commerce Scope of the Order included in the Preliminary Decision preliminarily determines that sales of The merchandise subject to the order Memorandum is included as an subject merchandise have not been is PET Film. The PET Film subject to appendix to this notice. The Preliminary made below normal value (NV) by Nan the order is currently classifiable under Ya during the POR. In addition, we Decision Memorandum is a public subheading 3920.62.00.90 of the document and is on file electronically preliminarily find that SMTC had no Harmonized Tariff Schedule of the shipments during the POR. Interested via Enforcement and Compliance’s United States. Although the HTSUS Antidumping and Countervailing Duty parties are invited to comment on these number is provided for convenience and Centralized Electronic Service System preliminary results. for customs purposes, the written (ACCESS). ACCESS is available to DATES: Applicable November 23, 2020. product description, available in the registered users at http:// FOR FURTHER INFORMATION CONTACT: Preliminary Decision Memorandum, access.trade.gov. In addition, a complete Jacqueline Arrowsmith, AD/CVD remains dispositive.10 version of the Preliminary Decision Operations, Office VII, Enforcement and Compliance, International Trade 3 See Petitioners’ Letter, dated July 15, 2019; Memorandum can be accessed directly Administration, U.S. Department of Polyplex’s Letter, ‘‘Request for Antidumping Duty on the internet at http:// Administrative Review,’’ dated July 18, 2019; and enforcement.trade.gov/frn/index.html. Commerce, 1401 Constitution Avenue Nan Ya’s Letter, ‘‘Polyethylene Terephthalate (PET) NW, Washington, DC 20230; telephone: Film from Taiwan,’’ filed July 31, 2019. The signed and electronic versions of (202) 482–5255. 4 See Initiation of Antidumping and the Preliminary Decision Memorandum Countervailing Duty Administrative Reviews, 84 FR are identical in content. SUPPLEMENTARY INFORMATION: 47242, September 9, 2019. Background 5 See Commerce’s Letter, ‘‘Antidumping Duty Preliminary Results of Review Questionnaire,’’ dated October 4, 2019. On July 1, 2019, Commerce published 6 See Memorandum, ‘‘Polyethylene Terephthalate As a result of this review, we in the Federal Register a notice of Film, Sheet and Strip from Taiwan: Extension of preliminarily determine the following Deadline for Preliminary Results of Antidumping opportunity to request an administrative Duty Administrative Review (2018–2019),’’ dated weighted-average dumping margin for review of the AD order on PET film March 26, 2020. the period July 1, 2018 through June 30, from Taiwan, for the period July 1, 2018 7 See Memorandum, ‘‘Tolling of Deadlines for 2019. through June 30, 2019.1 In accordance Antidumping and Countervailing Duty with section 751(a)(1) of the Tariff Act Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, of 1930, as amended (the Act), and 19 2020. and hereby adopted by, this notice (Preliminary CFR 351.213(b)(1), in July 2019, we 8 See Memorandum, ‘‘Tolling of Deadlines for Decision Memorandum). received requests from the petitioners,2 Antidumping and Countervailing Duty 11 See Preliminary Decision Memorandum; see Polyplex USA LLC (Polyplex), and Nan Administrative Reviews,’’ dated July 21, 2020. also Memorandum, ‘‘Polyethylene Terephthalate Ya, for reviews of two companies, Nan 9 See Memorandum, ‘‘Polyethylene terephthalate Film, Sheet, and Strip from Taiwan: No Shipments (PET) film, sheet, and strip (PET Film) from Determination for Shinkong Materials Technology Taiwan: Extension of Deadline for Preliminary Corporation (SMTC),’’ dated concurrently with this 1 See Antidumping or Countervailing Duty Order, Results of Antidumping Duty Administrative notice. Finding or Suspended Investigation; Opportunity to Review (2018–2019),’’ dated October 22, 2020. 12 Request Administrative Review, 84 FR 31295 (July 10 See Memorandum, ‘‘Decision Memorandum for See Polyethylene Terephthalate Film, Sheet, 1, 2019). Preliminary Results and Partial Rescission of and Strip from Taiwan: Final Results of 2 The petitioners are DuPont Teijin Films, Antidumping Duty Administrative Review: Antidumping Duty Administrative Review and Mitsubishi Polyester Film, Inc., and SKC, Inc. Polyethylene Terephthalate Film, Sheet, and Strip Final Determination of No Shipments; 2017– 2018, (collectively, petitioners). from Taiwan; 2018–2019,’’ dated concurrently with, 85 FR 1139 (January 9, 2020).

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Weighted- in the final results of this review, we antidumping duties prior to liquidation average will calculate importer-specific ad of the relevant entries during this Producer/exporter dumping valorem assessment rates on the basis of review period. Failure to comply with margin (percent) the ratio of the total amount of dumping this requirement could result in calculated for an importer’s examined Commerce’s presumption that Nan Ya Plastics Corporation ...... 0.00 sales and the total entered value of such reimbursement of antidumping duties sales in accordance with 19 CFR occurred and the subsequent assessment Disclosure and Public Comment 351.212(b)(1). Where either the of double antidumping duties. respondent’s weighted-average dumping We intend to disclose the calculations Notification to Interested Parties margin is zero or de minimis within the performed to parties in this proceeding meaning of 19 CFR 351.106(c), or an We are issuing and publishing these within five days after public results in accordance with sections announcement of the preliminary importer-specific rate is zero or de minimis, we will instruct CBP to 751(a)(1) and 777(i)(1) of the Act, and 19 results in accordance with 19 CFR CFR 351.213(h)(1). 351.224(b). Pursuant to 19 CFR liquidate the appropriate entries 351.309(c), interested parties may without regard to antidumping duties. Dated: November 17, 2020. For entries of subject merchandise submit case briefs not later than 30 days Joseph A. Laroski Jr., during the POR produced by a after the date of publication of this Deputy Assistant Secretary for Policy and respondent for which it did not know its notice. Rebuttal briefs, limited to issues Negotiations. merchandise was destined for the raised in the case briefs, may be filed United States, we will instruct CBP to Appendix not later than seven days after the date liquidate unreviewed entries at the all- for filing case briefs.13 Parties who List of Topics Discussed in the Preliminary others rate if there is no rate for the submit case briefs or rebuttal briefs in Decision Memorandum intermediate company(ies) involved in this proceeding are encouraged to I. Summary the transaction. II. Background submit with each argument: (1) A We intend to issue instructions to statement of the issue; (2) a brief III. Scope of the Order CBP 15 days after publication of the IV. Preliminary Determination of No summary of the argument; and (3) a Shipments for SMTC 14 final results of this review. table of authorities. V. Comparisons to Normal Value Pursuant to 19 CFR 351.310(c), Cash Deposit Requirements VI. Date of Sale interested parties who wish to request a The following deposit requirements VII. Export Price hearing, must submit a written request will be effective for all shipments of VIII. Normal Value to the Assistant Secretary for PET film from Taiwan entered, or IX. Currency Conversion X. Recommendation Enforcement and Compliance, filed withdrawn from warehouse, for electronically via ACCESS. An consumption on or after the date of [FR Doc. 2020–25859 Filed 11–20–20; 8:45 am] electronically filed document must be publication of the final results of this BILLING CODE 3510–DS–P received successfully in its entirety by administrative review, as provided for ACCESS by 5 p.m. Eastern Time within by section 751(a)(2)(C) of the Act: (1) 30 days after the date of publication of The cash deposit rate for the company DEPARTMENT OF COMMERCE this notice. Requests should contain: (1) under review will be the rate International Trade Administration The party’s name, address, and established in the final results of this telephone number; (2) the number of review (except, if the rate is zero or de [A–557–816] participants; and (3) a list of issues to be minimis, no cash deposit will be discussed. Issues raised in the hearing required); (2) for previously reviewed or Certain Steel Nails From Malaysia: will be limited to those raised in the investigated companies not listed above, Preliminary Results of Antidumping respective case and rebuttal briefs. the cash deposit rate will continue to be Duty Administrative Review and Commerce intends to issue the final the company-specific rate published for Preliminary Determination of No results of this administrative review, the most recent period; (3) if the Shipments; 2018–2019 including the results of its analysis of exporter is not a firm covered in this AGENCY: Enforcement and Compliance, the issues raised in any written briefs, review, a prior review, or the less-than- International Trade Administration, not later than 120 days after the date of fair-value investigation, but the Department of Commerce. publication of this notice, unless manufacturer is, the cash deposit rate SUMMARY: The Department of Commerce extended, pursuant to section will be the rate established for the most 751(a)(3)(A) of the Act. (Commerce) preliminarily determines recent period for the manufacturer of that certain steel nails from Malaysia Assessment Rates the merchandise; and (4) the cash were sold in the United States at less deposit rate for all other manufacturers Upon completion of this than normal value during the period of or exporters is 2.40 percent.15 These administrative review, Commerce shall review (POR), July 1, 2018 through June cash deposit requirements, when determine and CBP shall assess 30, 2019. Additionally, we preliminarily imposed, shall remain in effect until antidumping duties on all appropriate find that certain companies made no further notice. entries in accordance with 19 CFR shipments during the review period. 351.212 (b). If a respondent’s weighted- Notification to Importers Interested parties are invited to comment on these preliminary results. average dumping margin is not zero or This notice also serves as a de minimis (i.e., less than 0.5 percent) preliminary reminder to importers of DATES: Applicable November 23, 2020. their responsibility under 19 CFR FOR FURTHER INFORMATION CONTACT: 13 See 19 CFR 351.309(d); see also Temporary 351.402(f)(2) to file a certificate Preston Cox or John Drury, AD/CVD Rule Modifying AD/CVD Service Requirements Due Operations, Office VI, Enforcement and to COVID–19; Extension of Effective Period, 85 FR regarding the reimbursement of 41363 (July 10, 2020). Compliance, International Trade 14 See 19 CFR 351.303 (for general filing 15 See PET Film from Taiwan Amended Final Administration, U.S. Department of requirements). Determination. Commerce, 1401 Constitution Avenue

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NW, Washington, DC 20230; telephone: Compliance’s Antidumping and companies not selected for individual (202) 482–5041 or (202) 482–0195, Countervailing Duty Centralized examination when Commerce limits its respectively. Electronic Service System (ACCESS). examination in an administrative review SUPPLEMENTARY INFORMATION: ACCESS is available to registered users pursuant to section 777A(c)(2) of the at https://access.trade.gov. In addition, a Act. Generally, Commerce looks to Background complete version of the Preliminary section 735(c)(5) of the Act, which These preliminary results of review Decision Memorandum can be accessed provides instructions for calculating the are made in accordance with section directly at http://enforcement.trade.gov/ all-others rate in a market economy 751 of the Tariff Act of 1930, as frn/. The signed and the electronic investigation, for guidance when amended (the Act). On September 9, versions of the Preliminary Decision calculating the rate for companies 2019, Commerce published the notice of Memorandum are identical in content. which were not selected for individual 1 examination in an administrative initiation for the administrative review. Scope of the Order On November 13, 2019, Commerce review. Under section 735(c)(5)(A) of selected Inmax Sdn. Bhd. and Inmax The products covered by the scope of the Act, the all-others rate is normally Industries Sdn. Bhd. (collectively, the order are certain steel nails from ‘‘an amount equal to the weighted Inmax) and Region International Co. Malaysia. For a complete description of average of the estimated weighted Ltd. and Region System Sdn. Bhd. the scope, see the Preliminary Decision average dumping margins established (collectively, Region) as mandatory Memorandum. for exporters and producers respondents in this administrative Preliminary Determination of No individually investigated, excluding any review.2 On March 25, 2020, we Shipments zero or de minimis margins, and any extended the time limit for completion margins determined entirely {on the of the preliminary results of the review On October 1, 4, and 9, 2019, basis of facts available}.’’ to no later than July 30, 2020.3 On April respectively, Astrotech Steels Private In this review, we have preliminarily 24, 2020, Commerce tolled all deadlines Limited (Astrotech), Trinity Steel calculated a weighted-average dumping in administrative reviews by 50 days.4 Private Limited (Trinity), and Jinhai margin for the companies not selected On July 21, 2020, Commerce further Hardware Co. Ltd. (Jinhai), submitted for individual examination using the tolled all deadlines in administrative letters certifying that each company had calculated rates of the mandatory reviews by an additional 60 days.5 The no exports or sales of subject respondents, Inmax and Region, merchandise into the United States excluding any margins that are zero, de deadline for the preliminary results of 7 this review is now November 17, 2020. during the POR. U.S. Customs and minimis, or determined entirely on the For a complete description of the events Border Protection (CBP) did not have basis of facts available in accordance that followed the initiation of the any information to contradict these with section 735(c)(5)(A) of the Act. We review, see the Preliminary Decision claims and, therefore, we preliminarily preliminarily calculated a weighted- Memorandum.6 determine that Astrotech, Trinity, and average dumping margin of 1.59 percent A list of topics included in the Jinhai did not have any exports or sales for Inmax and 0.00 percent for Region Preliminary Decision Memorandum is of subject merchandise into the United for the POR. Accordingly, we 8 included as an Appendix to this notice. States during the POR. Consistent with preliminarily assign the dumping The Preliminary Decision Memorandum Commerce’s practice, we will not margin of 1.59 percent, the weighted- is a public document and is on file rescind the review with respect to average dumping margin calculated for electronically via Enforcement and Astrotech, Trinity, and Jinhai, but Inmax, to the non-selected companies. rather, will complete the review and Methodology 1 See Initiation of Antidumping and issue instructions to CBP based on the 9 Countervailing Duty Administrative Reviews, 84 FR final results. Commerce is conducting this review 47242 (September 9, 2019) (Initiation Notice). in accordance with section 751(a)(1)(B) 2 See Memorandum, ‘‘Administrative Review of Rate for Non-Examined Companies of the Act. For a full description of the Antidumping Duty Order on Certain Steel Nails The statute and Commerce’s from Malaysia: Respondent Selection methodology underlying the Memorandum,’’ dated November 13, 2019. regulations do not address the preliminary results, see the Preliminary Commerce has preliminarily determined to collapse establishment of a rate to be applied to Decision Memorandum. the Inmax companies and treat them as a single entity for purposes of this review. Likewise, it has 7 See Astrotech’s Letter, ‘‘Certain Steel Nails from Preliminary Results of Review preliminarily determined to collapse the Region Malaysia Request for No Shipment during the companies and treat them as a single entity. For a Period of Review (POR),’’ dated October 1, 2019; We are assigning the following discussion of the collapsing criteria, see the Trinity’s Letter, ‘‘Certain Steel Nails—Malaysia dumping margins to the firms listed company-specific analysis memorandum, dated Notice of No sales during the Period of Review below for the period July 1, 2018 concurrently with this notice. (POR),’’ dated October 4, 2019; and Jinhai’s Letter, 3 See Memorandum, ‘‘Certain Steel Nails from ‘‘Certain Steel Nails from Malaysia: Submission of through June 30, 2019: Malaysia: Extension of Deadline for Preliminary Statement of No Shipments,’’ dated October 9, Results for Antidumping Duty Administrative 2019. Weighted- Review; 2018–2019,’’ dated March 25, 2020. 8 See Memorandum, ‘‘No shipment inquiry with average 4 See Memorandum, ‘‘Tolling of Deadlines for respect to the companies below during the period Producer/exporters dumping Antidumping and Countervailing Duty 07/01/2018 through 06/30/2019,’’ dated February margins Administrative Reviews in Response to Operational 25, 2020. (percent) Adjustments Due to COVID–19,’’ dated April 24, 9 See, e.g., Certain Frozen Warmwater Shrimp 2020. from Thailand; Preliminary Results of Antidumping Inmax Sdn. Bhd. and Inmax In- 5 See Memorandum, ‘‘Tolling of Deadlines for Duty Administrative Review, Partial Rescission of dustries Sdn. Bhd ...... 1.59 Antidumping and Countervailing Duty Review, Preliminary Determination of No Region International Co. Ltd. Administrative Reviews,’’ dated July 21, 2020. Shipments; 2012–2013, 79 FR 15951, 15952 (March and Region System Sdn. Bhd 0.00 6 See Memorandum, ‘‘Decision Memorandum for 24, 2014), unchanged in Certain Frozen Warmwater Chia Pao Metal Co., Ltd ...... 1.59 Preliminary Results of Antidumping Duty Shrimp from Thailand: Final Results of Administrative Review: Certain Steel Nails from Antidumping Duty Administrative Review, Final Come Best (Thailand) Co., Ltd .. 1.59 Malaysia; 2018–2019,’’ dated concurrently with, Determination of No Shipments, and Partial Kerry-Apex (Thailand) Co., Ltd .. 1.59 and hereby adopted by, this notice (Preliminary Rescission of Review; 2012–2013, 79 FR 51306 Tag Fasteners Sdn. Bhd ...... 1.59 Decision Memorandum). (August 28, 2014). Vien Group SDN. BHD ...... 1.59

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Weighted- publication of these preliminary results their responsibility under 19 CFR average in the Federal Register, pursuant to 351.402(f)(2) to file a certificate Producer/exporters dumping section 751(a)(3)(A) of the Act. regarding the reimbursement of margins antidumping duties prior to liquidation (percent) Assessment Rates of the relevant entries during this WWL India Private Ltd ...... 1.59 Upon completion of the review period. Failure to comply with administrative review, Commerce shall this requirement could result in Disclosure and Public Comment determine, and CBP shall assess, Commerce’s presumption that antidumping duties on all appropriate reimbursement of antidumping duties Commerce will disclose to parties to 16 entries covered by this review. The occurred and the subsequent assessment the proceeding any calculations final results of this review shall be the of double antidumping duties. performed in connection with these basis for the assessment of antidumping preliminary results of review within five duties on entries of merchandise Notification to Interested Parties days after the date of publication of this covered by the final results of this We are issuing and publishing this notice.10 Interested parties are invited to review and for future deposits of notice in accordance with sections comment on these preliminary results. 17 estimated duties, where applicable. 751(a)(1) and 777(i)(1) of the Act and 19 Interested parties may submit case briefs We intend to issue instructions to CBP CFR 351.213(h)(1). no later than 30 days after the date of 15 days after the publication date of the publication of this notice.11 Rebuttal final results of this review. Dated: November 16, 2020. briefs, limited to issues raised in the Jeffrey I. Kessler, case briefs, may be filed no later than Cash Deposit Requirements Assistant Secretary for Enforcement and seven days after the deadline for filing The following cash deposit Compliance. 12 case briefs. Parties who submit case or requirements will be effective upon Appendix rebuttal briefs in this proceeding are publication of the final results of this encouraged to submit with each administrative review for all shipments List of Topics Discussed in the Preliminary argument: (1) A statement of the issue; of the subject merchandise entered, or Decision Memorandum (2) a brief summary of the argument; withdrawn from warehouse, for I. Summary and (3) a table of authorities.13 Case and consumption on or after the publication II. Background rebuttal briefs should be filed using date of the final results of this III. Scope of the Order ACCESS.14 Note that Commerce has administrative review, as provided by IV. Preliminary Determination of No section 751(a)(2)(C) of the Act: (1) The Shipments temporarily modified certain of its V. Companies Not Selected for Individual requirements for serving documents cash deposit rate for Inmax, Region, and Examination containing business proprietary the non-selected respondents listed VI. Discussion of the Methodology information, until further notice.15 above will be equal to the weighted- VII. Currency Conversion Pursuant to 19 CFR 351.310(c), any average dumping margin established in VIII. Recommendation interested party may request a hearing the final results of this administrative [FR Doc. 2020–25815 Filed 11–20–20; 8:45 am] within 30 days of the publication of this review; (2) for merchandise exported by BILLING CODE 3510–DS–P notice in the Federal Register. If a manufacturers or exporters not covered request for a hearing is made, Commerce in this review but covered in a prior intends to hold the hearing at a time and segment of the proceeding, the cash DEPARTMENT OF COMMERCE date to be determined. Interested parties deposit rate will continue to be the who wish to request a hearing, or to company-specific rate published for the International Trade Administration participate if one is requested, must most recently completed segment of this submit a written request to the Assistant proceeding in which the manufacturer [A–475–818] Secretary for Enforcement and or exporter participated; (3) if the Compliance, filed electronically via exporter is not a firm covered in this Certain Pasta From Italy: Preliminary ACCESS, within 30 days after the date review, a prior review, or in the less- Results of Antidumping Duty of publication of this notice. Requests than-fair-value investigation but the Administrative Review and Preliminary should contain: (1) The party’s name, producer is, then the cash deposit rate Determination of No Shipments; 2018– address and telephone number; (2) the will be the rate established for the most 2019 number of participants; and (3) a list of recently completed segment of the AGENCY: Enforcement and Compliance, the issues parties intend to discuss. proceeding for the producer of the International Trade Administration, Issues raised in the hearing will be merchandise; and (4) the cash deposit Department of Commerce. limited to those raised in the respective rate for all other producers or exporters case and rebuttal briefs. Unless will continue to be 2.66 percent, the all- SUMMARY: The Department of Commerce extended, Commerce intends to issue others rate established in the less-than- (Commerce) preliminarily determines the final results of this administrative fair-value investigation.18 These cash that Ghigi 1870 S.p.A. (Ghigi) and Pasta review, which will include the results of deposit requirements, when imposed, Zara S.p.A. (Pasta Zara) (collectively, our analysis of all issues raised in the shall remain in effect until further Ghigi/Zara) and La Molisana SpA (La case briefs, within 120 days of notice. Molisana) sold certain pasta (pasta) from Italy at less than normal value (NV) Notification to Importers 10 See 19 CFR 351.224(b). during the period of review (POR) July 11 See 19 CFR 351.309(c)(1)(ii). This notice also serves as a 1, 2018 through June 30, 2019. We 12 See 19 CFR 351.309(d)(1); see also Temporary preliminary reminder to importers of further preliminarily determine that Rule Modifying AD/CVD Service Requirements Due Pasta Berruto had no shipments of to COVID–19; Extension of Effective Period, 85 FR 16 See 19 CFR 351.212(b). subject merchandise during the POR. 41363 (July 10, 2020) (Temporary Rule). 17 See section 751(a)(2)(C) of the Act. Interested parties are invited to 13 See 19 CFR 351.309(c)(2) and (d)(2). 18 See Certain Steel Nails from Malaysia: 14 See 19 CFR 351.303. Amended Final Determination of Sales at Less comment on these preliminary results. 15 See Temporary Rule. Than Fair Value, 80 FR 34370 (June 16, 2015). DATES: Applicable November 23, 2020.

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FOR FURTHER INFORMATION CONTACT: Scope of the Order of the Act. Export and constructed Jonathan Hall-Eastman, AD/CVD Imports covered by this order are export price were calculated in Operations, Office III, Enforcement and shipments of certain non-egg dry pasta accordance with section 772 of the Act. Compliance, International Trade in packages of five pounds four ounces Normal value was calculated in Administration, U.S. Department of or less, whether or not enriched or accordance with section 773 of the Act. Commerce, 1401 Constitution Avenue fortified or containing milk or other For a full description of the NW, Washington, DC 20230; telephone: optional ingredients such as chopped methodology underlying our (202) 482–1468. vegetables, vegetable purees, milk, conclusions, see the Preliminary SUPPLEMENTARY INFORMATION: gluten, diastasis, vitamins, coloring and Decision Memorandum. The Preliminary Decision Background flavorings, and up to two percent egg white. The merchandise subject to this Memorandum is a public document and On July 24, 1996 Commerce order is currently classifiable under is on file electronically via Enforcement published the Order in the Federal items 1901.90.90.95 and 1902.19.20 of and Compliance’s Antidumping and 1 Register. On September 9, 2019, the Harmonized Tariff Schedule of the Countervailing Duty Centralized pursuant to section 751(a)(1) of the United States (HTSUS). Although the Electronic Service System (ACCESS). Tariff Act of 1930, as amended (the Act), HTSUS subheadings are provided for ACCESS is available to registered users Commerce initiated an administrative convenience and Customs purposes, the at https://access.trade.gov. In addition, a review of the Order covering the written description of the merchandise complete version of the Preliminary following companies: Aldino S.r.L. subject to the order is dispositive. A full Decision Memorandum can be accessed (Aldino), F. Divella S.p.A., Ghigi/Zara, description of the scope of the Order is directly at http://enforcement.trade.gov/ Industria Alimentare Colavita S.p.A. contained in the Preliminary Decision frn/index.html. The signed Preliminary (Indalco), La Molisana, Liguori Memorandum. Decision Memorandum and the Pastificio dal 1820 S.p.A., Newlat Food electronic version of the Preliminary S.p.A., Pasta Berruto S.p.A., Pasta Lensi Preliminary Determination of No Decision Memorandum are identical in S.r.L. (Pasta Lensi), Pastificio Di Martino Shipments content. A list of topics discussed in the Gaetano e Flli S.p.A., Pastificio Rey On September 23, 2019, Pasta Berruto Preliminary Decision Memorandum is S.r.L., Rummo S.p.A., San Remo S.p.A. (Pasta Berruto) reported that it attached as an Appendix to this notice. Macaroni Company, Tesa S.r.L., and had no exports or sales of subject Application of Adverse Facts Available Valdigrano di Flavio Pagani S.r.L.2 On merchandise into the United States December 20, 2019, Commerce during the POR.8 To confirm Pasta Pursuant to section 776(a) of the Act, rescinded the review of Pasta Lensi, Berruto’s no-shipment claim, Commerce Commerce is preliminarily relying upon Indalco, and Aldino.3 issued a no-shipment inquiry to U.S. facts otherwise available to assign a On March 2, 2020, Commerce Customs and Border Protection (CBP) weighted-average dumping margin to extended the deadline for the requesting that it review Pasta Berruto’s Ghigi/Zara in this review. Preliminarily, preliminary results to July 30, 2020.4 On no-shipment claims.9 CBP reported that Commerce finds that Ghigi/Zara April 24, 2020, Commerce tolled all it had no information to contradict Pasta withheld necessary information that deadlines in administrative reviews by Berruto’s claims of no shipments. was requested by Commerce, 50 days.5 On July 21, 2020, Commerce Given that Pasta Berruto reported that significantly impeded the review, and tolled all deadlines in administrative it made no shipments of subject provided information that could not be reviews by an additional 60 days.6 The merchandise to the United States during verified, warranting a determination on deadline for the preliminary results of the POR, and there is no information the basis of the facts available under this review is now November 17, 2020. calling this claim into question, we section 776(a) of the Act. Further, For a complete description of the preliminarily determine that Pasta Commerce preliminarily determines events that followed the initiation of Berruto made no shipments of subject that Ghigi/Zara failed to cooperate by this review, see the Preliminary merchandise during the POR. Consistent not acting to the best of its ability to Decision Memorandum.7 with Commerce’s practice, we will not comply with requests for information rescind the review with respect to Pasta and, thus, Commerce is applying 1 See Notice of Antidumping Duty Order and Berruto but, rather, we will complete adverse facts available (AFA) to Ghigi/ Amended Final Determination of Sales at Less the review and issue instructions to CBP Zara, in accordance with section 776(b) Than Fair Value: Certain Pasta from Italy, 61 FR 10 38547 (July 24, 1996) (Order). based on the final results. of the Act. For a full description of the methodology underlying our 2 See Initiation of Antidumping and Methodology Countervailing Duty Administrative Reviews, 84FR conclusions regarding the application of 47242 (September 9, 2019). Commerce is conducting this review AFA, see the Preliminary Decision 3 See Certain Pasta from Italy: Notice of Partial in accordance with section 751(a)(1)(B) Memorandum. Rescission of Antidumping Duty Administrative Review, 84 FR 70149 (December 20, 2019). with, and hereby adopted by, this notice Rate for Non-Selected Companies 4 See Memorandum, ‘‘Certain Pasta: Extension of (Preliminary Decision Memorandum). We are applying to the non-selected Time Limit for Preliminary Results of Antidumping 8 See Pasta Berruto’s Letter, ‘‘Pasta Berruto S.p.A.: Duty Administrative Review; 2018/2019,’’ dated ‘‘No Shipments’’ Letter for Certain Pasta from Italy companies the rate preliminarily March 2, 2020. (7/0l/2018–6/30/2019),’’ dated September 13, 2019. applied to La Molisana in this 5 See Memorandum, ‘‘Tolling of Deadlines for 9 See ‘‘No shipments inquiry for certain pasta administrative review, which is the only Antidumping and Countervailing Duty from Italy produced and/or exported by Pasta calculated rate in this administrative Administrative Reviews in Response to Operational Berruto S.p.A (A–475–818),’’ Message Number Adjustments Due to COVID–19,’’ dated April 24, 9273310, dated September 30, 2019. review that is not zero, de minimis or 2020. 10 See e.g., ‘‘Certain Lined Paper Products from based entirely on section 776 of the Act. 6 See Memorandum, ‘‘Tolling of Deadlines for India: Preliminary Results of Antidumping Duty For a detailed discussion, see the Antidumping and Countervailing Duty Administrative Review and Preliminary Preliminary Decision Memorandum. Administrative Reviews,’’ dated July 21, 2020. Determination of No Shipments; 2016–2017,’’ 83 FR 7 See Memorandum, ‘‘Issues and Decision 50886 (October 10, 2018), unchanged in ‘‘Certain Preliminary Results of the Review Memorandum for the Preliminary Results of Lined Paper Products from India: Final Results of Antidumping Duty Administrative Review: Certain Antidumping Duty Administrative Review; 2016– As a result of this review, we Pasta from Italy; 2018–2019,’’ dated concurrently 2017,’’ 84 FR 23017 (May 21, 2019). preliminarily determine the following

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weighted-average dumping margins exist for the POR:

Weighted- average Exporter or producer dumping margin (percent)

Ghigi 1870 S.p.A. (Ghigi) and Pasta Zara S.p.A. (Pasta Zara) ...... 91.76 La Molisana SpA ...... 18.51

Review-Specific Average Rate Applicable to the Following Companies

F. Divella S.p.A ...... 18.51 Liguori Pastificio dal 1820 S.p.A ...... 18.51 Newlat Food S.p.A ...... 18.51 Pasta Berruto S.p.A ...... 18.51 Pastificio Di Martino Gaetano e Flli S.p.A ...... 18.51 Pastificio Fratelli DeLuca S.r.l ...... 18.51 Pastificio Rey S.r.L ...... 18.51 Rummo S.p.A ...... 18.51 Tesa S.r.L ...... 18.51 Valdigrano di Flavio Pagani S.r.L ...... 18.51

Assessment Rates intend to issue instructions to CBP 15 subsequent to the less-than-fair-value 13 Upon issuance of the final results, days after publication of the final results investigation. 12 Commerce shall determine, and CBP of this review. These cash deposit requirements, shall assess, antidumping duties on all Cash Deposit Requirements when imposed, shall remain in effect appropriate entries covered by this until further notice. The following cash deposit review. Disclosure Pursuant to 19 CFR 351.212(b)(1), for requirements will be effective upon La Molisana we calculated importer- publication of the notice of final results We intend to disclose the calculations specific ad valorem antidumping duty of administrative review for all performed in these preliminary results assessment rates based on the ratio of shipments of pasta from Italy entered, or to parties in this proceeding within five the total amount of dumping calculated withdrawn from warehouse, for days of the date of publication of this for the examined sales to the total consumption on or after the date of notice.14 publication of the final results, as entered value of the sales. Where a Public Comment respondent did not report entered value, provided by section 751(a)(2) of the Act: we calculated the entered value in order (1) The cash deposit rate for each of the Pursuant to 19 CFR 351.309(c)(1)(ii), to calculate the assessment rate. Where firms listed above will be equal to each interested parties may submit case briefs either the respondent’s weighted- company’s weighted-average dumping not later than 30 days after the date of average dumping margin is zero or de margin as established in the final results publication of this notice. Rebuttal minimis, or an importer-specific of this review, except if the ultimate rate briefs, limited to issues raised in the assessment rate is zero or de minimis, is de minimis within the meaning of 19 case briefs, may be filed no later than we will instruct CBP to liquidate the CFR 351.106(c)(1), in which case the seven days after the date for filing case appropriate entries without regard to cash deposit rate will be zero; (2) for briefs.15 Parties who submit case briefs antidumping duties. For Ghigi/Zara and merchandise produced or exported by a or rebuttal briefs in this proceeding are the companies listed above which were company not covered in this encouraged to submit with each not selected for individual examination, administrative review but covered in a argument: (1) A statement of the issue; we will direct CBP to assess prior segment of the proceeding, the (2) a brief summary of the argument; antidumping duties at an ad valorem cash deposit rate will continue to be the and (3) a table of authorities.16 All briefs rate equal to each company’s weighted- company-specific rate published for the must be filed electronically using average dumping margin. most recently completed segment of this ACCESS.17 An electronically filed In accordance with Commerce’s proceeding in which the producer or document must be received successfully reseller policy, for entries of subject exporter participated; (3) if the exporter in its entirety by the established merchandise during the POR produced is not a firm covered in this review, a deadline. Note that Commerce has or exported by Pasta Berruto, or prior review, or the original less-than- temporarily modified certain of its produced by La Molisana which did not fair-value investigation but the producer requirements for serving documents know that its merchandise was destined is, then the cash deposit rate will be the rate established for the most recently for the United States, we will instruct 13 See Order. CBP to liquidate entries not reviewed at completed segment of the proceeding 14 See 19 CFR 351.224(b). the all-others rate of 15.45 percent, the for the producer of the merchandise; 15 See 19 CFR 351.309(d)(1) and (2); see also all-others rate established in the less- and (4) the cash deposit rate for all other Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 than-fair-value investigation as modified producers or exporters will continue to be 15.45 percent, the all-others rate (March 26, 2020); and Temporary Rule Modifying by the section 129 determination.11 We AD/CVD Service Requirements Due to COVID–19; established in the section 129 review Extension of Effective Period, 85 FR 41363 (July 10, 11 See Implementation of the Findings of the WTO 2020) (collectively, Temporary Rule). Panel in US—Zeroing (EC): Notice of Revocations of Certain Antidumping Duty Orders, 16 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR Determinations Under Section 129 of the Uruguay 72 FR 25261 (May 4, 2007). 351.303 (for general filing requirements). Round Agreements Act and Revocations and Partial 12 See 19 CFR 356.8(a). 17 See generally 19 CFR 351.303.

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containing business proprietary VIII. Recommendation an additional 60 days.4 Accordingly, the information, until further notice.18 [FR Doc. 2020–25816 Filed 11–20–20; 8:45 am] deadline for the preliminary results of Pursuant to 19 CFR 351.310(c), BILLING CODE 3510–DS–P this review was postponed to November interested parties who wish to request a 17, 2020. hearing, limited to issues raised in the For a complete description of the case and rebuttal briefs, must submit a DEPARTMENT OF COMMERCE events that followed the initiation of written request to the Assistant International Trade Administration this review, see the Preliminary Secretary for Enforcement and Decision Memorandum.5 A list of topics Compliance, within 30 days after the [C–533–825] discussed in the Preliminary Decision date of publication of this notice. Memorandum is included at the Requests should contain: (1) The party’s Polyethylene Terephthalate Film, appendix to this notice. The Preliminary name, address, and telephone number; Sheet, and Strip From India: Decision Memorandum is a public (2) the number of participants; and (3) Preliminary Results and Partial document and is on file electronically a list of issues to be discussed. If a Rescission of Countervailing Duty via Enforcement and Compliance’s request for a hearing is made, Commerce Administrative Review; 2018 Antidumping and Countervailing Duty intends to hold the hearing at a time and AGENCY: Enforcement and Compliance, Centralized Electronic Service System date to be determined. Parties should International Trade Administration, (ACCESS). ACCESS is available to confirm by telephone the date, time, and Department of Commerce. registered users at http:// location hearing two days before the SUMMARY: The Department of Commerce access.trade.gov. In addition, a complete scheduled date. (Commerce) is conducting an version of the Preliminary Decision We intend to issue the final results of administrative review of the Memorandum can be accessed directly this administrative review, including countervailing duty (CVD) order on at http://enforcement.trade.gov/frn/. the results of our analysis of the issues polyethylene terephthalate film, sheet, The signed and electronic versions of raised in any written briefs, not later and strip (PET film) from India. the Preliminary Decision Memorandum than 120 days after the date of Commerce preliminarily determines are identical in content. publication of this notice, pursuant to that Jindal Poly Films Ltd. (Jindal) Scope of the Order section 751(a)(3)(A) of the Act. received countervailable subsidies Notification to Importers during the Period of Review. The period The products covered by this order of review (POR) is January 1, 2018 are all gauges of raw, pretreated, or This notice also serves as a through December 31, 2018. Interested primed polyethylene terephthalate film, preliminary reminder to importers of parties are invited to comment on these sheet and strip, whether extruded or their responsibility under 19 CFR preliminary results. coextruded. Excluded are metallized 351.402(f)(2) to file a certificate DATES: Applicable November 23, 2020. films and other finished films that have regarding the reimbursement of FOR FURTHER INFORMATION CONTACT: had at least one of their surfaces antidumping and/or countervailing Konrad Ptaszynski, AD/CVD modified by the application of a duties prior to liquidation of the Operations, Office I, Enforcement and performance-enhancing resinous or relevant entries during this review Compliance, International Trade inorganic layer of more than 0.00001 period. Failure to comply with this Administration, U.S. Department of inches thick. For a complete description requirement could result in Commerce’s Commerce, 1401 Constitution Avenue of the scope of the Order, see the presumption that reimbursement of NW, Washington, DC 20230; telephone: Preliminary Decision Memorandum.6 antidumping and/or countervailing (202) 482–6187. Partial Rescission of Administrative duties occurred and the subsequent SUPPLEMENTARY INFORMATION: assessment of doubled antidumping Review Background duties. Commerce initiated a review of eight Notification to Interested Parties On September 9, 2019, Commerce companies in this segment of the published a notice of initiation of an proceeding.7 In response to timely filed We are issuing and publishing these administrative review of the CVD order withdrawal requests, we are rescinding results in accordance with sections on PET Film from India.1 On March 18, this administrative review with respect 751(a)(1) and 777(i)(1) of the Act, and 19 2020, Commerce extended the deadline to Ester, Garware, MTZ, Polyplex, SRF, CFR 351.213(h)(1). for the preliminary results of this review Uflex, and Vacmet, pursuant to 19 CFR 2 Dated: November 17, 2020. to no later than July 20, 2020. On April 351.213(d)(1). Accordingly, the only Jeffrey I. Kessler, 24, 2020, Commerce tolled all deadlines company subject to the instant review is in administrative reviews by 50 days.3 Assistant Secretary for Enforcement and Jindal. Compliance. On July 21, 2020, Commerce tolled all deadlines in administrative reviews by 4 See Memorandum, ‘‘Tolling of Deadlines for Appendix—List of Topics Discussed in Antidumping and Countervailing Duty the Preliminary Decision Memorandum 1 See Initiation of Antidumping and Administrative Reviews,’’ dated July 21, 2020. Countervailing Duty Administrative Reviews, 84 FR 5 See Memorandum, ‘‘Decision Memorandum for I. Summary 47242, 47251 (September 9, 2019) (Initiation the Preliminary Results of the Countervailing Duty II. Background Notice). Administrative Review; 2018: Polyethylene III. Scope of the Order 2 See Memorandum, ‘‘Polyethylene Terephthalate Terephthalate Film, Sheet, and Strip from India,’’ IV. Preliminary Determination of No Film, Sheet, and Strip from India: Extension of dated concurrently with, and hereby adopted by, Shipments Deadline for Preliminary Results of Countervailing this notice (Preliminary Decision Memorandum). V. Application of Facts Available and Use of Duty Administrative Review; 2018,’’ dated March 6 Id. Adverse Inferences 18, 2020. 7 See Initiation Notice, 84 FR 47242, 47251 VI. Discussion of the Methodology 3 See Memorandum, ‘‘Tolling of Deadlines for (September 9, 2019). The eight companies were VII. Rate for Non-Selected Companies Antidumping and Countervailing Duty Ester Industries Limited.; Garware Polyester Ltd.; Administrative Reviews in Response to Operational Jindal Poly Films Limited.; MTZ Polyesters Ltd.; Adjustments Due to COVID–19,’’ dated April 24, Polyplex Corporation Ltd.; SRF Limited.; Uflex Ltd.; 18 See Temporary Rule. 2020. Vacmet India Limited.

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Methodology consumption on or after the date of hearing requests are to be filed Commerce is conducting this publication of the final results of this electronically using ACCESS and that administrative review in accordance review. For all non-reviewed firms, we electronically filed documents must be with section 751(a)(1)(A) of the Tariff will instruct CBP to continue to collect received successfully in their entirety by Act of 1930, as amended (the Act). For cash deposits at the most recent 5 p.m. Eastern Time on the due date. each of the subsidy programs found to company specific or all-others rate Note that Commerce has temporarily be countervailable, we preliminarily applicable to the company. These cash modified certain of its requirements for find that there is a subsidy, i.e., a deposit requirements, when imposed, serving documents containing business financial contribution by an ‘‘authority’’ shall remain in effect until further proprietary information, until further that gives rise to a benefit to the notice. notice.15 recipient, and that the subsidy is Disclosure and Public Comment Commerce intends to issue the final specific.8 For a full description of the results of this administrative review, We will disclose to parties in this methodology underlying our including the results of our analysis of review the calculations performed in conclusions, see the Preliminary the issues raised by the parties in their reaching the preliminary results within Decision Memorandum. comments, no later than 120 days after five days of publication of these the date of publication of this notice, Preliminary Results of Review preliminary results.9 Interested parties pursuant to section 751(a)(3)(A) of the We preliminarily determine the may submit written comments (case Act and 19 CFR 351.213(h), unless this following net countervailable subsidy briefs) on the preliminary results no deadline is extended. rate for the mandatory respondent, later than 30 days from the date of Notification to Interested Parties Jindal, for the period January 1, 2018 publication of this Federal Register through December 31, 2018: notice, and rebuttal comments (rebuttal These preliminary results and notice briefs) within five days after the time are issued and published in accordance Subsidy limit for filing case briefs.10 Pursuant to with sections 751(a)(1) and 777(i)(1) of Manufacturer/exporter rate 19 CFR 351.309(d)(2), rebuttal briefs the Act, and 19 CFR 351.221(b)(4). (percent must be limited to issues raised in the ad valorem) case briefs. Parties who submit Dated: November 17, 2020. Joseph A. Laroski Jr., Jindal Poly Films Limited ...... 11.65 arguments are requested to submit with the argument: (1) A statement of the Deputy Assistant Secretary for Policy and Negotiations. Assessment Rates issue; (2) a brief summary of the argument; and (3) a table of Appendix Consistent with section 751(a)(1) of authorities.11 All briefs must be filed the Act and 19 CFR 351.212(b)(2), upon electronically using ACCESS. List of Topics Discussed in the Preliminary issuance of the final results, Commerce Pursuant to 19 CFR 351.310(c), Decision Memorandum will determine, and U.S. Customs and interested parties who wish to request a I. Summary Border Protection (CBP) shall assess, hearing must submit a written request to II. Background countervailing duties on all appropriate the Assistant Secretary for Enforcement III. Partial Rescission of Administrative Review entries covered by this review. We and Compliance, filed electronically via intend to issue instructions to CBP 15 IV. Scope of the Order ACCESS by 5 p.m. Eastern Time within V. Subsidies Valuation Information days after publication of the final results 30 days after the date of publication of VI. Use of Facts Otherwise Available and of this review. For the companies for this notice.12 Hearing requests should Adverse Inferences which this review is rescinded, contain: (1) The party’s name, address, VII. Analysis of Programs Commerce will instruct CBP to assess and telephone number; (2) the number VIII. Recommendation countervailing duties on all appropriate of participants; and (3) a list of the [FR Doc. 2020–25858 Filed 11–20–20; 8:45 am] entries at a rate equal to the cash deposit issues to be discussed. Issues addressed BILLING CODE 3510–DS–P of estimated countervailing duties at the hearing will be limited to those required at the time of entry, or raised in the briefs. If a request for a withdrawal from warehouse, for hearing is made, Commerce intends to DEPARTMENT OF COMMERCE consumption, during the period January hold the hearing at a date and time to 1, 2018 through December 31, 2018, in be determined.13 International Trade Administration accordance with 19 CFR An electronically-filed document 351.212(c)(1)(i). Commerce intends to [A–560–838, A–557–823, A–549–843, A–552– must be received successfully in its 832] issue appropriate assessment entirety by ACCESS by 5:00 p.m. instructions directly to CBP 15 days Eastern Time on the established Polyester Textured Yarn From after publication of this notice. deadline. Note that Commerce has Indonesia, Malaysia, Thailand, and the Cash Deposit Requirements temporarily modified certain of its Socialist Republic of Vietnam: requirements for serving documents Initiation of Less-Than-Fair-Value In accordance with section containing business proprietary Investigations 751(a)(2)(C) of the Act, Commerce also information, until further notice.14 intends to instruct CBP to collect cash AGENCY: Parties are reminded that briefs and Enforcement and Compliance, deposits of estimated countervailing International Trade Administration, duties in the amount shown above for 9 See 19 CFR 351.224(b). Department of Commerce. Jindal, with regard to shipments of 10 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and DATES: Applicable November 17, 2020. subject merchandise entered, or 19 CFR 351.303 (for general filing requirements). FOR FURTHER INFORMATION CONTACT: withdrawn from warehouse, for 11 See 19 CFR 351.309(c)(2) and (d)(2). Peter Shaw at (202) 482–0697 12 See 19 CFR 351.310(c). (Indonesia); Daniel Alexander at (202) 8 See sections 771(5)(B) and (D) of the Act 13 See 19 CFR 351.310(c). regarding financial contribution; section 771(5)(E) 14 See Temporary Rule Modifying AD/CVD 486–2000 (Malaysia); Peter Zukowski at of the Act regarding benefit; and, section 771(5A) Service Requirements Due to COVID–19; Extension of the Act regarding specificity. of Effective Period, 85 FR 41363 (July 10, 2020). 15 Id.

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(202) 482–0189 (Thailand); and Commerce also finds that the petitioners the signature date of this notice. Any Margaret Collins at (202) 482–6250 demonstrated sufficient industry rebuttal comments, which may include (Vietnam); AD/CVD Operations, support for the initiation of the factual information, must be filed by Enforcement and Compliance, requested AD investigations.5 5:00 p.m. ET on December 17, 2020, International Trade Administration, which is ten calendar days from the Periods of Investigation U.S. Department of Commerce, 1401 initial comment deadline. Constitution Avenue NW, Washington, Because the Petitions were filed on Commerce requests that any factual DC 20230. October 28, 2020, the period of information parties consider relevant to SUPPLEMENTARY INFORMATION: investigation (POI) for the Indonesia, the scope of the investigations be Malaysia, and Thailand investigations is submitted during this period. However, The Petitions October 1, 2019 through September 30, if a party subsequently finds that On October 28, 2020, the Department 2020, pursuant to 19 CFR 351.204(b)(1). additional factual information of Commerce (Commerce) received Because Vietnam is a non-market pertaining to the scope of the antidumping duty (AD) petitions economy (NME) country, the POI is investigations may be relevant, the party concerning imports of polyester April 1, 2020 through September 30, may contact Commerce and request textured yarn from Indonesia, Malaysia, 2020.6 permission to submit the additional Thailand, and the Socialist Republic of Scope of the Investigations information. All such submissions must Vietnam (Vietnam) filed in proper form be filed on the record of each of the AD on behalf of the petitioners,1 domestic The product covered by these investigations. producers of polyester textured yarn.2 investigations is polyester textured yarn On November 2, 2020, Commerce from Indonesia, Malaysia, Thailand, and Filing Requirements requested supplemental information Vietnam. For a full description of the All submissions to Commerce must be pertaining to certain aspects of the scope of these investigations, see the filed electronically via Enforcement and Petitions in separate supplemental appendix to this notice. Compliance’s Antidumping Duty and questionnaires.3 The petitioners filed Comments on the Scope of the Countervailing Duty Centralized responses to the supplemental Investigations Electronic Service System (ACCESS), questionnaires on November 5, 2020.4 unless an exception applies.11 An On November 2 and 9, 2020, In accordance with section 732(b) of electronically filed document must be Commerce requested further the Tariff Act of 1930, as amended (the received successfully in its entirety by information from the petitioners Act), the petitioners allege that imports the time and date it is due. of polyester textured yarn from regarding the proposed scope to ensure Indonesia, Malaysia, Thailand, and that the scope language in the Petitions Comments on Product Characteristics Vietnam are being, or are likely to be, is an accurate reflection of the products Commerce is providing interested sold in the United States at less than fair for which the domestic industry is parties an opportunity to comment on 7 value (LTFV) within the meaning of seeking relief. On November 5, 2020, the appropriate physical characteristics 8 section 731 of the Act, and that imports the petitioners revised the scope. The of polyester textured yarn to be reported of such products are materially injuring, description of merchandise covered by in response to Commerce’s AD or threatening material injury to, the these investigations, as described in the questionnaires. This information will be polyester textured yarn industry in the appendix to this notice, reflects these used to identify the key physical United States. Consistent with section clarifications. characteristics of the subject As discussed in the Preamble to 732(b)(1) of the Act, the Petitions are merchandise in order to report the Commerce’s regulations, we are setting accompanied by information reasonably relevant costs of production accurately, aside a period for interested parties to available to the petitioners supporting as well as to develop appropriate raise issues regarding product coverage their allegations. product-comparison criteria. (i.e., scope).9 Commerce will consider Commerce finds that the petitioners Interested parties may provide any all comments received from interested filed the Petitions on behalf of the information or comments that they feel parties and, if necessary, will consult domestic industry, because the are relevant to the development of an with interested parties prior to the petitioners are interested parties, as accurate list of physical characteristics. issuance of the preliminary defined in section 771(9)(C) of the Act. Specifically, they may provide determinations. If scope comments comments as to which characteristics include factual information,10 all such 1 Unifi Manufacturing, Inc. and Nan Ya Plastics are appropriate to use as: (1) General factual information should be limited to Corporation, America (collectively, the petitioners). product characteristics, and (2) product 2 See Petitioners’ Letter, ‘‘Polyester Textured Yarn public information. To facilitate comparison criteria. We note that it is from Indonesia, Malaysia, Thailand, and the preparation of its questionnaires, not always appropriate to use all Socialist Republic of Vietnam—Petition for the Commerce requests that all interested Imposition of Antidumping Duties,’’ dated October product characteristics as product parties submit such comments by 5:00 28, 2020 (the Petitions). comparison criteria. We base product 3 p.m. Eastern Time (ET) on December 7, See Commerce’s Letters, ‘‘Petitions for the comparison criteria on meaningful Imposition of Antidumping Duties on Polyester 2020, which is 20 calendar days from Textured Yarn from Indonesia, Malaysia, Thailand, commercial differences among products. and Vietnam: Supplemental Questions,’’ dated 5 See infra, section on ‘‘Determination of Industry November 2, 2020 (General Issues Supplemental); 11 Support for the Petitions.’’ See Antidumping and Countervailing Duty and Country-Specific Supplemental Questionnaires: Proceedings: Electronic Filing Procedures; 6 See 19 CFR 351.204(b)(1). Indonesia Supplemental, Malaysia Supplemental, Administrative Protective Order Procedures, 76 FR 7 Thailand Supplemental, and Vietnam See General Issues Supplemental at 2–3; see also 39263 (July 6, 2011); see also Enforcement and Supplemental, dated November 2, 2020. Memorandum, ‘‘Phone Call with Counsel to the Compliance; Change of Electronic Filing System 4 See Petitioners’ Country-Specific Supplemental Petitioners,’’ dated November 9, 2020, at 1. Name, 79 FR 69046 (November 20, 2014) for details Responses, dated November 5, 2020; see also 8 See General Issues Supplement at 3. of Commerce’s electronic filing requirements, Petitioners’ Letter, ‘‘Polyester Textured Yarn from 9 See Antidumping Duties; Countervailing Duties, effective August 5, 2011. Information on help using Indonesia, Malaysia, Thailand, and Vietnam— Final Rule, 62 FR 27296, 27323 (May 19, 1997) ACCESS can be found at https://access.trade.gov/ Petitioners’ Amendment to Volume I Related to (Preamble). help.aspx and a handbook can be found at https:// General and Injury Sections,’’ November 5, 2020 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual access.trade.gov/help/Handbook_on_Electronic_ (General Issues Supplement). information’’). Filing_Procedures.pdf.

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In other words, although there may be determine what constitutes a domestic producers that support the Petitions and some physical product characteristics like product in order to define the compared this to the estimated utilized by manufacturers to describe industry. While both Commerce and the production for the entire U.S. polyester polyester textured yarn, it may be that ITC must apply the same statutory textured yarn industry.16 We relied on only a select few product characteristics definition regarding the domestic like data provided by the petitioners for take into account commercially product,12 they do so for different purposes of measuring industry meaningful physical characteristics. In purposes and pursuant to a separate and support.17 addition, interested parties may distinct authority. In addition, Our review of the data provided in the comment on the order in which the Commerce’s determination is subject to Petitions and other information readily physical characteristics should be used limitations of time and information. available to Commerce indicates that the in matching products. Generally, Although this may result in different petitioners have established industry Commerce attempts to list the most definitions of the like product, such support for the Petitions.18 First, the important physical characteristics first differences do not render the decision of Petitions established support from and the least important characteristics either agency contrary to law.13 domestic producers (or workers) last. Section 771(10) of the Act defines the accounting for more than 50 percent of In order to consider the suggestions of domestic like product as ‘‘a product the total production of the domestic like interested parties in developing and which is like, or in the absence of like, product and, as such, Commerce is not issuing the AD questionnaires, all most similar in characteristics and uses required to take further action in order product characteristics comments must with, the article subject to an to evaluate industry support (e.g., be filed by 5:00 p.m. ET on December investigation under this title.’’ Thus, the polling).19 Second, the domestic 7, 2020, which is 20 calendar days from reference point from which the producers (or workers) have met the the signature date of this notice. Any domestic like product analysis begins is statutory criteria for industry support rebuttal comments must be filed by 5:00 ‘‘the article subject to an investigation’’ under section 732(c)(4)(A)(i) of the Act p.m. ET on December 17, 2020. All (i.e., the class or kind of merchandise to because the domestic producers (or comments and submissions to be investigated, which normally will be workers) who support the Petitions Commerce must be filed electronically the scope as defined in the petition). account for at least 25 percent of the using ACCESS, as explained above, on With regard to the domestic like total production of the domestic like the record of each of the AD product, the petitioners do not offer a product.20 Finally, the domestic investigations. definition of the domestic like product producers (or workers) have met the distinct from the scope of the statutory criteria for industry support Determination of Industry Support for investigations.14 Based on our analysis the Petitions under section 732(c)(4)(A)(ii) of the Act of the information submitted on the because the domestic producers (or Section 732(b)(1) of the Act requires record, we have determined that workers) who support the Petitions that a petition be filed on behalf of the polyester textured yarn, as defined in account for more than 50 percent of the domestic industry. Section 732(c)(4)(A) the scope, constitutes a single domestic production of the domestic like product of the Act provides that a petition meets like product, and we have analyzed produced by that portion of the industry this requirement if the domestic industry support in terms of that expressing support for, or opposition to, producers or workers who support the domestic like product.15 the Petitions.21 Accordingly, Commerce petition account for: (i) At least 25 In determining whether the percent of the total production of the petitioners have standing under section determines that the Petitions were filed domestic like product; and (ii) more 732(c)(4)(A) of the Act, we considered on behalf of the domestic industry within the meaning of section 732(b)(1) than 50 percent of the production of the the industry support data contained in 22 domestic like product produced by that the Petitions with reference to the of the Act. portion of the industry expressing domestic like product as defined in the Allegations and Evidence of Material support for, or opposition to, the ‘‘Scope of the Investigations,’’ in the Injury and Causation petition. Moreover, section 732(c)(4)(D) appendix to this notice. To establish The petitioners allege that the U.S. of the Act provides that, if the petition industry support, the petitioners industry producing the domestic like does not establish support of domestic provided the 2019 production of the product is being materially injured, or is producers or workers accounting for domestic like product for the U.S. threatened with material injury, by more than 50 percent of the total reason of the subject merchandise sold production of the domestic like product, 12 See section 771(10) of the Act. at LTFV. In addition, the petitioners Commerce shall: (i) Poll the industry or 13 See USEC, Inc. v. United States, 132 F. Supp. allege that subject imports exceed the rely on other information in order to 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), negligibility threshold provided for determine if there is support for the aff’d 865 F. 2d 240 (Fed. Cir. 1989)). under section 771(24)(A) of the Act.23 petition, as required by subparagraph 14 See Volume I of the Petitions at 11–13 and The petitioners contend that the (A); or (ii) determine industry support Exhibit GEN–2 (containing Polyester Textured Yarn industry’s injured condition is using a statistically valid sampling from China and India, Inv. Nos. 701–TA–612–613 illustrated by a significant and method to poll the ‘‘industry.’’ and 731–TA–1429–1430 (Final), USITC Pub. 5007 (January 2020) at 4–8). Section 771(4)(A) of the Act defines 15 For a discussion of the domestic like product 16 See Volume I of the Petitions at 4–5 and Exhibit the ‘‘industry’’ as the producers as a analysis as applied to these cases and information GEN–3. whole of a domestic like product. Thus, regarding industry support, see Antidumping Duty 17 Id. to determine whether a petition has the Investigation Initiation Checklists: Polyester 18 See Attachment II of the Country-Specific AD Textured Yarn from Indonesia, Malaysia, Thailand, Initiation Checklists. requisite industry support, the statute and Vietnam, dated November 17, 2020 (Country- 19 Id.; see also section 732(c)(4)(D) of the Act. directs Commerce to look to producers Specific AD Initiation Checklists), at Attachment II, 20 and workers who produce the domestic Analysis of Industry Support for the Antidumping See Attachment II of the Country-Specific AD Initiation Checklists. like product. The International Trade Duty Petitions Covering Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam 21 Id. Commission (ITC), which is responsible (Attachment II). These checklists are dated 22 Id. for determining whether ‘‘the domestic concurrently with this notice and on file 23 See Volume I of the Petitions at 14–15 and industry’’ has been injured, must also electronically via ACCESS. Exhibit GEN–9.

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increasing volume of subject imports; sale, in each country within the the Act, the petitioners calculated CV as declining market share; underselling applicable time period.30 For Malaysia, the sum of the cost of manufacturing, and price depression and suppression; the petitioners provided information selling, general, and administrative decreasing production, U.S. shipments, indicating that the price quote was (SG&A) expenses, financial expenses, and capacity utilization rates; a decline below the COP and, therefore, the and profit.37 in financial performance, including petitioners calculated NV based on Factors of Production declining profitability, operating constructed value (CV).31 For further income, and operating profit to net sales discussion of CV, see the section Because information regarding the ratio; and lost sales and revenues.24 We ‘‘Normal Value Based on Constructed volume of inputs consumed by have assessed the allegations and Value.’’ Vietnamese producers/exporters was supporting evidence regarding material Commerce considers Vietnam to be an not reasonably available, the petitioners injury, threat of material injury, NME country.32 In accordance with used their own product-specific causation, as well as negligibility, and section 771(18)(C)(i) of the Act, any consumption rates as a surrogate to we have determined that these determination that a foreign country is value Vietnamese manufacturers’ allegations are properly supported by an NME country shall remain in effect FOPs.38 Additionally, the petitioners adequate evidence, and meet the until revoked by Commerce. Therefore, calculated factory overhead; SG&A statutory requirements for initiation.25 we continue to treat Vietnam as an NME expenses; and profit based on the country for purposes of the initiation of experience of an Indian producer of Allegations of Sales at LTFV this investigation. Accordingly, NV in comparable merchandise.39 The following is a description of the Vietnam is appropriately based on Fair Value Comparisons allegations of sales at LTFV upon which factors of production (FOPs) valued in Commerce based its decision to initiate a surrogate market economy country, in Based on the data provided by the AD investigations of imports of accordance with section 773(c) of the petitioners, there is reason to believe polyester textured yarn from Indonesia, Act.33 that imports of polyester textured yarn Malaysia, Thailand, and Vietnam. The The petitioners state that India is an from Indonesia, Malaysia, Thailand, and sources of data for the deductions and appropriate surrogate country for Vietnam are being, or are likely to be, adjustments relating to U.S. price and Vietnam because India is a market sold in the United States at LTFV. Based normal value (NV) are discussed in economy country that is at a level of on comparisons of EP, as applicable, to greater detail in the Country-Specific economic development comparable to NV in accordance with sections 772 and AD Initiation Checklists. that of Vietnam and it is a significant 773 of the Act, the estimated dumping producer of comparable merchandise.34 margins for polyester textured yarn for U.S. Price The petitioners provided publicly each of the countries covered by this For Indonesia, Malaysia, and available information from India to initiation are as follows: (1) Indonesia— Thailand, the petitioners based export value all FOPs.35 Based on the 26.07 percent; (2) Malaysia—75.13 price (EP) on pricing information for information provided by the petitioners, percent; (3) Thailand—56.80 percent; sales of, or sales offers for, polyester we determine that it is appropriate to and (4) Vietnam—54.13 percent.40 textured yarn produced in and exported use India as a surrogate country for Initiation of LTFV Investigations from each country.26 For Vietnam, the initiation purposes. petitioners based EP on the average unit Interested parties will have the Based upon the examination of the value (AUV) of publicly-available opportunity to submit comments Petitions and supplemental responses, import data.27 The petitioners made regarding surrogate country selection we find that they meet the requirements certain adjustments to U.S. price to and, pursuant to 19 CFR of section 732 of the Act. Therefore, we calculate a net ex-factory U.S. price.28 351.301(c)(3)(i), will be provided an are initiating AD investigations to determine whether imports of polyester Normal Value 29 opportunity to submit publicly available information to value FOPs within 30 textured yarn from Indonesia, Malaysia, For Indonesia and Thailand, the days before the scheduled date of the Thailand, and Vietnam are being, or are petitioners based NV on home market preliminary determination. likely to be, sold in the United States at price quotes obtained through market LTFV. In accordance with section research for polyester textured yarn Normal Value Based on Constructed 733(b)(1)(A) of the Act and 19 CFR produced in and sold, or offered for Value 351.205(b)(1), unless postponed, we will As noted above, the petitioners make our preliminary determinations no 24 See Volume I of the Petitions at 15–28 and provided information indicating that the later than 140 days after the date of this Exhibits GEN–7 and GEN–10 through GEN–13. 25 price charged for polyester textured initiation. See Country-Specific AD Initiation Checklists yarn produced in and sold, or offered at Attachment III, Analysis of Allegations and Respondent Selection Evidence of Material Injury and Causation for the for sale, in Malaysia was below the COP. Antidumping Duty Petitions Covering Polyester Accordingly, the petitioners based NV In the Petitions, the petitioners named Textured Yarn from Indonesia, Malaysia, Thailand, on CV.36 Pursuant to section 773(e) of 11 companies in Indonesia, five and Vietnam. companies in Malaysia, and 12 26 See Country-Specific AD Initiation Checklists. 30 See Country-Specific AD Initiation Checklists. 41 27 See Vietnam AD Initiation Checklist. companies in Thailand as producers/ 31 See Malaysia AD Initiation Checklist. 28 See Country-Specific AD Initiation Checklists. exporters of polyester textured yarn. 32 See, e.g., Certain Frozen Fish Fillets from the 29 In accordance with section 505(a) of the Trade Following the standard practice in AD Socialist Republic of Vietnam: Final Results, and Preferences Extension Act of 2015 (TPEA), Final Results of No Shipments of the Antidumping investigations involving market amending section 773(b)(2) of the Act, for these Duty Administrative Review; 2016–2017, 84 FR investigations, Commerce will request information 18007 (April 29, 2019). 37 Id. necessary to calculate the constructed value and 33 38 cost of production (COP) to determine whether See Vietnam AD Checklist. See Vietnam AD Initiation Checklist. there are reasonable grounds to believe or suspect 34 See Volume V of the Petition at 4–6 and 39 Id. that sales of the foreign like product have been Exhibits AD–VN–2 through AD–VN–4. 40 See Country-Specific Initiation Checklists for made at prices that represent less than the COP of 35 See Volume V of the Petition at 4–6 and details of calculations. the product. Commerce no longer requires a COP Exhibits AD–VN–2 through AD–VN–4. 41 See Volume I of the Petitions at 26 and Exhibit allegation to conduct this analysis. 36 Id. GEN–6.

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economy countries, in the event Commerce has determined that it will mandatory respondents. Commerce Commerce determines that the number issue Q&V questionnaires to each requires that companies from Vietnam of exporters or producers in any potential respondent for which the submit a response to both the Q&V individual case is large such that petitioners have provided a complete questionnaire and the separate-rate Commerce cannot individually examine address. application by the respective deadlines each company based upon its resources, In addition, Commerce will post the in order to receive consideration for where appropriate, Commerce intends Q&V questionnaire along with filing separate-rate status. Companies not to select mandatory respondents in that instructions on Enforcement and filing a timely Q&V questionnaire case based on U.S. Customs and Border Compliance’s website at https:// response will not receive separate rate Protection (CBP) data for U.S. imports www.trade.gov/ec-adcvd-case- consideration. under the appropriate Harmonized announcements. Producers/exporters of Tariff Schedule of the United States polyester textured yarn from Vietnam Use of Combination Rates numbers listed in the ‘‘Scope of the that do not receive Q&V questionnaires Commerce will calculate combination Investigations,’’ in the appendix. may still submit a response to the Q&V rates for certain respondents that are On November 12, 2020, Commerce questionnaire and can obtain a copy of eligible for a separate rate in an NME released CBP data on imports of the Q&V questionnaire from investigation. The Separate Rates and polyester textured yarn from Indonesia, Enforcement and Compliance’s website. Combination Rates Bulletin states: Malaysia, and Thailand under In accordance with the standard {w}hile continuing the practice of assigning Administrative Protective Order (APO) practice for respondent selection in AD separate rates only to exporters, all separate to all parties with access to information cases involving NME countries, in the rates that the Department will now assign in protected by APO and indicated that event Commerce decides to limit the its NME Investigation will be specific to interested parties wishing to comment number of respondents individually those producers that supplied the exporter on the CBP data must do so within three investigated, Commerce intends to base during the period of investigation. Note, business days of the publication date of respondent selection on the responses to however, that one rate is calculated for the the notice of initiation of these the Q&V questionnaire that it receives. exporter and all of the producers which investigations.42 Comments must be Responses to the Q&V questionnaire supplied subject merchandise to it during the period of investigation. This practice applies filed electronically using ACCESS. An must be submitted by the relevant both to mandatory respondents receiving an electronically-filed document must be Vietnamese producers/exporters no later individually calculated separate rate as well received successfully in its entirety via than 5:00 p.m. ET on December 1, 2020. as the pool of non-investigated firms ACCESS by 5:00 p.m. ET on the specific All Q&V questionnaire responses must receiving the weighted-average of the deadline. Commerce will not accept be filed electronically via ACCESS. An individually calculated rates. This practice is rebuttal comments regarding the CBP electronically filed document must be referred to as the application of ‘‘combination data or respondent selection. received successfully, in its entirety, by rates’’ because such rates apply to specific Interested parties must submit ACCESS no later than 5:00 p.m. ET on combinations of exporters and one or more applications for disclosure under APO the deadline noted above. Commerce producers. The cash-deposit rate assigned to in accordance with 19 CFR 351.305(b). intends to finalize its decisions an exporter will apply only to merchandise both exported by the firm in question and Instructions for filing such applications regarding respondent selection within produced by a firm that supplied the exporter may be found on Commerce’s website at 20 days of publication of this notice. during the period of investigation.45 http://enforcement.trade.gov/apo. With respect to Vietnam, the Separate Rates Distribution of Copies of the AD petitioners named nine companies as In order to obtain separate-rate status Petitions producers/exporters of polyester in an NME investigation, exporters and In accordance with section textured yarn in the Petitions. In producers must submit a separate-rate 732(b)(3)(A) of the Act and 19 CFR 43 accordance with our standard practice application. The specific requirements 351.202(f), copies of the public version for respondent selection in AD for submitting a separate-rate of the AD Petitions have been provided investigations involving NME countries, application in a Vietnam investigation to the governments of Indonesia, Commerce selects respondents based on are outlined in detail in the application Malaysia, Thailand, and Vietnam via quantity and value (Q&V) itself, which is available on Commerce’s ACCESS. To the extent practicable, we questionnaires in cases where it has website at http://enforcement.trade.gov/ will attempt to provide a copy of the determined that the number of nme/nme-sep-rate.html. The separate- public version of the AD Petitions to companies is large and it cannot rate application will be due 30 days each exporter named in the AD individually examine each company after publication of this initiation 44 Petitions, as provided under 19 CFR based upon its resources. Therefore, notice. Exporters and producers who 351.203(c)(2). considering the number of Vietnamese submit a separate-rate application and producers and exporters identified in have been selected as mandatory ITC Notification the Petitions, Commerce will solicit respondents will be eligible for We will notify the ITC of our Q&V information that can serve as a consideration for separate-rate status initiation, as required by section 732(d) basis for selecting exporters for only if they respond to all parts of of the Act. individual examination in the event that Commerce’s AD questionnaire as Commerce decides to limit the number Preliminary Determinations by the ITC of respondents individually examined 43 See Policy Bulletin 05.1: Separate-Rates The ITC will preliminarily determine, pursuant to section 777A(c)(2) of the Practice and Application of Combination Rates in within 45 days after the date on which Antidumping Investigation involving NME Act. Given that there are nine producers Countries (April 5, 2005), available at http:// the AD Petitions were filed, whether and exporters identified in the Petitions, enforcement.trade.gov/policy/bull05-1.pdf (Policy there is a reasonable indication that Bulletin 05.1). imports of polyester textured yarn from 42 See country-specific Memoranda, 44 Although in past investigations this deadline Indonesia, Malaysia, Thailand, and/or ‘‘Antidumping Duty Investigation of Polyester was 60 days, consistent with 19 CFR 351.301(a), Textured Yarn: Release of Customs Data from U.S. which states that ‘‘the Secretary may request any Vietnam are materially injuring, or Customs and Border Protection,’’ dated November person to submit factual information at any time 12, 2020. during a proceeding,’’ this deadline is now 30 days. 45 See Policy Bulletin 05.1 at 6 (emphasis added).

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threatening material injury to, a U.S. If Commerce finds that a PMS exists 351.303(g).52 Commerce intends to industry.46 A negative ITC under section 773(e) of the Act, then it reject factual submissions if the determination for any country will will modify its dumping calculations submitting party does not comply with result in the investigation being appropriately. the applicable certification terminated with respect to that Neither section 773(e) of the Act, nor requirements. country.47 Otherwise, these AD 19 CFR 351.301(c)(2)(v), set a deadline investigations will proceed according to for the submission of PMS allegations Notification to Interested Parties statutory and regulatory time limits. and supporting factual information. Interested parties must submit Submission of Factual Information However, in order to administer section applications for disclosure under APO 773(e) of the Act, Commerce must in accordance with 19 CFR 351.305. Factual information is defined in 19 receive PMS allegations and supporting Parties wishing to participate in these CFR 351.102(b)(21) as: (i) Evidence factual information with enough time to investigations should ensure that they submitted in response to questionnaires; consider the submission. Thus, should (ii) evidence submitted in support of an interested party wish to submit a meet the requirements of these allegations; (iii) publicly available PMS allegation and supporting new procedures (e.g., the filing of letters of information to value factors under 19 factual information pursuant to section appearance as discussed at 19 CFR CFR 351.408(c) or to measure the 773(e) of the Act, it must do so no later 351.103(d)). Note that Commerce has adequacy of remuneration under 19 CFR than 20 days after submission of a temporarily modified certain portions of 351.511(a)(2); (iv) evidence placed on respondent’s initial section D its requirements for serving documents the record by Commerce; and (v) questionnaire response. containing business proprietary evidence other than factual information information, until further notice.53 described in (i)–(iv). Section 351.301(b) Extensions of Time Limits of Commerce’s regulations requires any This notice is issued and published Parties may request an extension of party, when submitting factual pursuant to sections 732(c)(2) and 777(i) time limits before the expiration of a information, to specify under which of the Act, and 19 CFR 351.203(c). time limit established under 19 CFR subsection of 19 CFR 351.102(b)(21) the 351.301, or as otherwise specified by Dated: November 17, 2020. information is being submitted 48 and, if Commerce. In general, an extension Jeffrey I. Kessler, the information is submitted to rebut, request will be considered untimely if it Assistant Secretary for Enforcement and clarify, or correct factual information Compliance. already on the record, to provide an is filed after the expiration of the time limit established under 19 CFR 351.301. explanation identifying the information Appendix—Scope of the Investigations already on the record that the factual For submissions that are due from information seeks to rebut, clarify, or multiple parties simultaneously, an The merchandise covered by these correct.49 Time limits for the extension request will be considered investigations, polyester textured yarn, is submission of factual information are untimely if it is filed after 10:00 a.m. ET synthetic multifilament yarn that is addressed in 19 CFR 351.301, which on the due date. Under certain manufactured from polyester (polyethylene provides specific time limits based on circumstances, we may elect to specify terephthalate). Polyester textured yarn is produced through a texturing process, which the type of factual information being a different time limit by which imparts special properties to the filaments of submitted. Interested parties should extension requests will be considered the yarn, including stretch, bulk, strength, review the regulations prior to untimely for submissions which are due moisture absorption, insulation, and the submitting factual information in these from multiple parties simultaneously. In appearance of a natural fiber. This scope investigations. such a case, we will inform parties in a letter or memorandum of the deadline includes all forms of polyester textured yarn, Particular Market Situation Allegation (including a specified time) by which regardless of surface texture or appearance, Section 504 of the TPEA amended the extension requests must be filed to be yarn density and thickness (as measured in Act by adding the concept of a considered timely. An extension request denier), number of filaments, number of particular market situation (PMS) for must be made in a separate, stand-alone plies, finish (luster), cross section, color, dye purposes of CV under section 773(e) of submission; Commerce will grant method, texturing method, or packaging the Act.50 Section 773(e) of the Act untimely-filed requests for the extension method (such as spindles, tubes, or beams). states that ‘‘if a particular market of time limits only in limited cases The merchandise subject to these situation exists such that the cost of where we determine, based on 19 CFR investigations is properly classified under materials and fabrication or other 351.302, that extraordinary subheadings 5402.33.3000 and 5402.33.6000 processing of any kind does not circumstances exist. Parties should of the Harmonized Tariff Schedule of the accurately reflect the cost of production review Extension of Time Limits; Final United States (HTSUS). Although the HTSUS subheadings are provided for convenience in the ordinary course of trade, the Rule, 78 FR 57790 (September 20, 2013), and customs purposes, the written administering authority may use available at http://www.gpo.gov/fdsys/ description of the merchandise is dispositive. another calculation methodology under pkg/FR-2013-09-20/html/2013- this subtitle or any other calculation 22853.htm, prior to submitting factual [FR Doc. 2020–25855 Filed 11–20–20; 8:45 am] methodology.’’ When an interested information in these investigations. BILLING CODE 3510–DS–P party submits a PMS allegation pursuant Certification Requirements to section 773(e) of the Act, Commerce 52 See Certification of Factual Information to will respond to such a submission Any party submitting factual Import Administration During Antidumping and consistent with 19 CFR 351.301(c)(2)(v). information in an AD or countervailing Countervailing Duty Proceedings, 78 FR 42678 (July duty proceeding must certify to the 17, 2013) (Final Rule). Answers to frequently asked 46 See section 733(a) of the Act. accuracy and completeness of that questions regarding the Final Rule are available at 47 http://enforcement.trade.gov/tlei/notices/factual_ Id. information.51 Parties must use the 48 info_final_rule_FAQ_07172013.pdf. See 19 CFR 351.301(b). certification formats provided in 19 CFR 49 See 19 CFR 351.301(b)(2). 53 See Temporary Rule Modifying AD/CVD 50 See TPEA, Public Law 114–27, 129 Stat. 362 Service Requirements Due to COVID–19; Extension (2015). 51 See section 782(b) of the Act. of Effective Period, 85 FR 41363 (July 10, 2020).

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DEPARTMENT OF COMMERCE the deadline for these preliminary access.trade.gov. In addition, a complete results of review until November 17, version of the Preliminary Decision International Trade Administration 2020.4 Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. [A–570–985] Scope of the Order The signed Preliminary Decision Xanthan Gum From the People’s The product covered by the order Memorandum and the electronic Republic of China: Preliminary Results includes dry xanthan gum, whether or version of the Preliminary Decision of the Antidumping Duty not coated or blended with other Memorandum are identical in content. Administrative Review, and Partial products. Xanthan gum is included in A list of topics included in the Rescission; 2018–2019 this order regardless of physical form, Preliminary Decision Memorandum is including, but not limited to, solutions, provided in the Appendix to this notice. AGENCY: Enforcement and Compliance, slurries, dry powders of any particle International Trade Administration, size, or unground fiber. Partial Rescission of Administrative Department of Commerce. Merchandise covered by the scope of Review SUMMARY: The Department of Commerce the order is classified in the Pursuant to 19 CFR 351.213(d)(1), (Commerce) preliminarily determines Harmonized Tariff Schedule of the Commerce will rescind an that the exporters under review did not United States at subheading 3913.90.20. administrative review, in whole or in make sales of subject merchandise at This tariff classification is provided for part, if the party or parties that prices below normal value (NV) during convenience and customs purposes; requested a review withdraws their the period of review July 1, 2018 however, the written description of the request(s) within 90 days of the through June 30, 2019. We invite scope is dispositive. A full description publication date of the notice of interested parties to comment on these of the scope of the order is contained in initiation of the requested review. preliminary results. the Preliminary Decision Between September 15, 2019 and Memorandum.5 December 9, 2019, parties timely DATES: Applicable November 23, 2020. withdrew their requests for an FOR FURTHER INFORMATION CONTACT: Methodology administrative review of A.H.A. Aleksandras Nakutis or Abdul Alnoor, Commerce is conducting this review International Co., Ltd.; Deosen AD/CVD Operations, Office IV, in accordance with section 751(a)(1)(B) Biochemical (Ordos) Ltd./Deosen Enforcement and Compliance, of the Act. We calculated export prices Biochemical Ltd.; Green Health International Trade Administration, for the mandatory respondent Meihua International; Greenhealth International U.S. Department of Commerce, 1401 Group International Trading (Hong Co., Ltd. (Hong Kong); Hebei Xinhe Constitution Avenue NW, Washington, Kong) Limited, Langfang Meihua Biochemical Co.; Inner Mongolia DC 20230; telephone: (202) 482–3147 Biotechnology Co., Ltd., and Xinjiang Jianlong Biochemical Co., Ltd./Jianlong and (202) 482–4554, respectively. Meihua Amino Acid Co., Ltd. Biotechnology Co., Ltd.; Neimenggu SUPPLEMENTARY INFORMATION: (collectively Meihua) 6 in accordance Fufeng Biotechnologies Co., Ltd. (aka with section 772 of the Act. Because Inner Mongolia Fufeng Biotechnologies Background China is a non-market economy (NME) Co., Ltd.)/Shandong Fufeng This administrative review is being country within the meaning of section Fermentation Co., Ltd./Xinjiang Fufeng conducted in accordance with section 771(18) of the Act, we calculated NV in Biotechnologies Co., Ltd.; and Shanghai 751(a) of the Tariff Act of 1930, as accordance with section 773(c) of the Smart Chemicals Co., Ltd.7 Because all amended (the Act). On July 1, 2019, Act. requests for reviews of these companies Commerce published in the Federal For a full description of the were timely withdrawn, in accordance Register a notice of opportunity to methodology underlying our with 19 CFR 351.213(d)(1), Commerce is request an administrative review of the conclusions, see the Preliminary rescinding this review of the AD order antidumping duty (AD) order on Decision Memorandum, which is hereby on xanthan gum from China with xanthan gum from the People’s Republic adopted by this notice. The Preliminary respect to these companies. 1 of China (China). Commerce published Decision Memorandum is a public Separate Rates the notice of initiation of this document and is on file electronically administrative review on September 9, via Enforcement and Compliance’s Commerce preliminary determines 2019.2 On March 17, 2020, Commerce Antidumping and Countervailing Duty that the information placed on the extended the deadline for the Centralized Electronic Service System 7 See Green Health International (GHI) and Green preliminary results of this review by a (ACCESS). ACCESS is available to Health International Co., Ltd. (Hong Kong)’s Letter, total of 120 days, to July 30, 2020.3 On registered users at https:// ‘‘Xanthan Gum from China,’’ submitted September April 24, 2020, and July 21, 2020, 15, 2019 (the document is dated July 31, 2019); Commerce tolled all deadlines in 4 See Memorandum, ‘‘Tolling of Deadlines for Petitioner’s Letter, ‘‘Xanthan Gum from the People’s Republic of China: Petitioner’s Withdrawal of administrative reviews by 50 days and Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Request for Review of Deosen Biochemical Ltd/ 60 days respectively, thereby extending Adjustments Due to COVID–19,’’ dated April 24, Deosen Biochemical (Ordos) Ltd.,’’ dated September 2020; see also Memorandum, ‘‘Tolling of Deadlines 20, 2019; Deosen’s Letter, ‘‘Administrative Review 1 See Antidumping or Countervailing Duty Order, for Antidumping and Countervailing Duty of Antidumping Order on Xanthan Gum from the People’s Republic of China: Withdrawal of Review Finding, or Suspended Investigation; Opportunity Administrative Reviews,’’ dated July 21, 2020. Request and Request to Rescind Review,’’ dated to Request Administrative Review, 84 FR 31295 5 See ‘‘Decision Memorandum for the Preliminary September 24, 2019; Petitioner’s Letter, ‘‘Xanthan (July 1, 2019). Results in the Sixth Antidumping Duty Gum from the People’s Republic of China: 2 See Initiation of Antidumping and Administrative Review of Xanthan Gum from the Petitioner’s Rebuttal Comments on Respondent Countervailing Duty Administrative Reviews, 84 FR People’s Republic of China,’’ (Preliminary Decision Selection and Withdrawal of Request for Review of 47242 (September 9, 2019). Memorandum), dated concurrently with, and Jianlong Biotechnology Co., Ltd. and Inner 3 See Memorandum to James Maeder, hereby adopted by, this notice. Mongolia Jianlong Biochemical Co. Ltd.,’’ dated ‘‘Antidumping Duty Administrative Review of 6 Consistent with prior segments of this September 30, 2019; and Petitioner’s Letter, Xanthan Gum from the People’s Republic of China: proceeding, we have continued to treat these ‘‘Xanthan Gum from the People’s Republic of Extension of Deadline for Preliminary Results of companies as a single entity pursuant to 19 CFR China: Petitioner’s Partial Withdrawal of Request Antidumping Duty Administrative Review,’’ dated 351.401(f)(1)-(2). For additional information, see the for Administrative Review’’ dated December 9, March 17, 2020. Preliminary Decision Memorandum. 2019.

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record by CP Kelco (Shandong) Commerce looks to section 735(c)(5) of on facts available, section 735(c)(5)(B) of Biological Company Limited (CP Kelco the Act, which provides instructions for the Act provides that Commerce may Shandong) and Meihua, demonstrates calculating the all-others rate in an use ‘‘any reasonable method’’ to that these companies are entitled to investigation, for guidance when establish the all others rate. separate rate status. For additional calculating the rate for non-selected We preliminarily calculated a zero information, see the Preliminary respondents that are not examined percent dumping margin for Meihua, Decision Memorandum. individually in an administrative the sole mandatory respondent in this Dumping Margin for Non-Individually review. Section 735(c)(5)(A) of the Act review and have assigned this rate (i.e., Examined Companies Granted a states that the all-others rate should be 0.00 percent) to CP Kelco Shandong. For Separate Rate calculated by averaging the weighted- additional information, see the The statute and Commerce’s average dumping margins for Preliminary Decision Memorandum. individually-examined respondents, regulations do not address what rate to Preliminary Results of Review apply to respondents not selected for excluding rates that are zero, de individual examination when minimis, or based entirely on facts We are assigning the following Commerce limits its examination in an available. Where the rates for the dumping margin to the firms listed administrative review pursuant to individually examined companies are below for the period July 1, 2018 section 777A(c)(2) of the Act. Generally, all zero, de minimis, or based entirely through June 30, 2019:

Weighted- average Producers/exporters dumping margin (percent)

Meihua Group International Trading (Hong Kong) Limited/Langfang Meihua Biotechnology Co., Ltd.,/Xinjiang Meihua Amino Acid Co., Ltd...... 0.00

Review-Specific Average Rate Applicable to the Following Companies

CP Kelco (Shandong) Biological Company Limited ...... 0.00

Disclosure and Public Comment Pursuant to 19 CFR 351.310(c), this review.12 Commerce intends to interested parties who wish to request a issue appropriate assessment Commerce intends to disclose the hearing, limited to issues raised in the instructions to CBP 15 days after the calculations performed for these case and rebuttal briefs, must submit a publication of the final results of this preliminary results of review within five written request to the Assistant review. We will calculate importer- days of the date of publication of this Secretary for Enforcement and specific or customer-specific assessment notice in accordance with 19 CFR Compliance, U.S. Department of rates equal to the ratio of the total 351.224(b). Case briefs or other written Commerce, within 30 days after the date amount of dumping calculated for comments may be submitted to the of publication of this notice. Requests Assistant Secretary for Enforcement and examined sales with a particular should contain the party’s name, importer or customer to the total entered Compliance no later than 30 days after address, and telephone number, the the publication of these preliminary value of the sales in accordance with 19 number of participants, whether any CFR 351.212(b)(1).13 Where either the results of review, unless the Secretary participant is a foreign national, and a 8 respondent’s ad valorem weighted- alters the time limit. Rebuttal briefs, list of the issues to be discussed. If a limited to responding to issues raised in average dumping margin is zero or de request for a hearing is made, Commerce minimis, or an importer-specific or case briefs, may be submitted no later will announce the date and time of the customer-specific ad valorem than seven days after the deadline for hearing. Parties should confirm by 9 assessment rate is zero or de minimis,14 case briefs. Pursuant to 19 CFR telephone the date and time of the we will instruct CBP to liquidate the 351.309(c)(2) and (d)(2), parties who hearing two days before the scheduled submit case briefs or rebuttal briefs in hearing date. appropriate entries without regard to this review are encouraged to submit antidumping duties. with each argument: (1) A statement of Unless otherwise extended, Commerce intends to issue the final For the respondent that was not the issue; (2) a brief summary of the selected for individual examination in argument; and (3) a table of authorities. results of this administrative review, which will include the results of our this administrative review but which Case and rebuttal briefs should be filed qualified for a separate rate, the using ACCESS.10 Note that Commerce analysis of the issues raised in the case assessment rate will be equal to the has temporarily modified certain of its briefs, within 120 days of publication of weighted-average dumping margin requirements for serving documents these preliminary results in the Federal containing business proprietary Register, pursuant to section information.11 751(a)(3)(A) of the Act. 12 Assessment Rates See 19 CFR 351.212(b)(1). 13 8 See 19 CFR 351.309(c). We applied the assessment rate calculation 9 See 19 CFR 351.309; see also 19 CFR 351.303 Upon issuance of the final results of method adopted in Antidumping Proceedings: (for general filing requirements). review, Commerce will determine, and Calculation of the Weighted-Average Dumping 10 Margin and Assessment Rate in Certain See 19 CFR 351.303. U.S. Customs and Border Protection 11 See Temporary Rule Modifying AD/CVD Antidumping Proceedings: Final Modification, 77 Service Requirements Due to COVID–19, 85 FR (CBP) shall assess, antidumping duties FR 8101 (February 14, 2012). 41363 (July 10, 2020). on all appropriate entries covered by 14 See 19 CFR 351.106(c)(2).

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assigned to the respondent in the final and the subsequent assessment of January 5, 2018 through June 30, 2019.1 results of this review.15 double antidumping duties. During the course of this administrative For entries that were not reported in We are issuing and publishing these review, Commerce issued, and RIL the U.S. sales databases submitted by preliminary results of review in submitted responses to, a questionnaire the company individually examined accordance with sections 751(a)(l) and and multiple supplemental during this review, Commerce will 777(i)(l) of the Act and 19 CFR 351.213. questionnaires. The petitioners 2 filed instruct CBP to liquidate such entries at Dated: November 16, 2020. multiple comments on RIL’s responses. the China-wide rate. Jeffrey I. Kessler, For further details, see the Preliminary Decision Memorandum.3 Cash Deposit Requirements Assistant Secretary for Enforcement and On March 18, 2020, Commerce Compliance. The following cash deposit extended the deadline for issuing the requirements will be effective for all Appendix preliminary results of this review from 4 shipments of xanthan gum from China List of Topics Discussed in the Preliminary to April 1, 2020 to July 30, 2020. On entered, or withdrawn from warehouse, Decision Memorandum April 24, 2020, and July 21, 2020, Commerce tolled all deadlines in for consumption on or after the date of I. Summary publication of the notice of the final II. Background administrative reviews by 50 days and results of this administrative review, as III. Period of Review 60 days, respectively, thereby extending provided for by section 751(a)(2)(C) of IV. Scope of the Order the deadline for these preliminary the Act: (1) For the companies listed V. Selection of Respondents results until November 17, 2020.5 above that have a separate rate, the cash VI. Single Entity Treatment For a complete description of the deposit rate will be that rate established VII. Discussion of Methodology events that followed the initiation of in the final results of this review VIII. Recommendation this review, see the Preliminary (except, if the rate is zero or de minimis, [FR Doc. 2020–25854 Filed 11–20–20; 8:45 am] Decision Memorandum. then a cash deposit rate of zero will be BILLING CODE 3510–DS–P Scope of the Order required); (2) for previously investigated The product covered by this review is or reviewed China and non-China fine denier polyester staple fiber from exporters not listed above that received DEPARTMENT OF COMMERCE India. For a complete description of the a separate rate in a prior segment of this International Trade Administration scope, see the Preliminary Decision proceeding, the cash deposit rate will Memorandum. continue to be the existing exporter- specific rate; (3) for all China exporters [A–533–875] Methodology of subject merchandise that have not Fine Denier Polyester Staple Fiber Commerce is conducting this review been found to be entitled to a separate From India: Preliminary Results of in accordance with section 751(a)(1)(B) rate, the cash deposit rate will be the Antidumping Duty Administrative of the Tariff Act of 1930, as amended rate for the China-wide entity, which is Review; 2018–2019 (the Act). Pursuant to sections 776(a) 154.07 percent; and (4) for all non-China and (b) of the Act, Commerce has exporters of subject merchandise that AGENCY: Enforcement and Compliance, preliminarily assigned RIL an AD have not received their own rate, the International Trade Administration, margin of 21.43 percent, as total AFA, cash deposit rate will be the rate Department of Commerce. because it withheld information applicable to China exporter(s) that SUMMARY: The Department of Commerce requested for reconciliation purposes, supplied that non-China exporter. These (Commerce) preliminarily assigned did not provide accurate control deposit requirements, when imposed, Reliance Industries Limited (RIL), the numbers as requested by Commerce and shall remain in effect until further sole respondent subject to this in conformity with Commerce’s notice. antidumping duty (AD) administrative instructions, and did not provide Notification to Importers review, an AD margin based upon the information requested regarding application of total adverse facts companies owned by family members. This notice also serves as a available (AFA). We invite interested The total AFA rate of 21.43 percent is preliminary reminder to importers of parties to comment on these preliminary their responsibility under 19 CFR results. 1 See Initiation of Antidumping and 351.402(f) to file a certificate regarding Countervailing Duty Administrative Reviews, 84 FR DATES: the reimbursement of antidumping and/ Applicable November 23, 2020. 47242 (September 9, 2019). or countervailing duties prior to FOR FURTHER INFORMATION CONTACT: 2 The petitioners are DAK Americas LLC, Nan Ya liquidation of the relevant entries Paola Aleman Ordaz, AD/CVD Plastics Corporation, America, and Auriga Polymers Operations, Office IV, Enforcement and Inc. (the petitioners). during this review period. Failure to 3 See Memorandum, ‘‘Decision Memorandum for comply with this requirement could Compliance, International Trade the Preliminary Results in the Antidumping Duty result in the Secretary’s presumption Administration, U.S. Department of Administrative Review of Fine Denier Polyester that reimbursement of antidumping Commerce, 1401 Constitution Avenue Staple Fiber from India; 2018–2019,’’ dated NW, Washington, DC 20230; telephone: concurrently with, and hereby adopted by, this and/or countervailing duties occurred notice (Preliminary Decision Memorandum). (202) 482–4031. 4 See Memorandum, ‘‘Antidumping Duty 15 See Drawn Stainless Steel Sinks from the SUPPLEMENTARY INFORMATION: Administrative Review of Fine Denier Polyester People’s Republic of China: Preliminary Results of Staple Fiber from India: Extension of Deadline for the Antidumping Duty Administrative Review and Background Preliminary Results of Antidumping Duty Preliminary Determination of No Shipments: 2014– Administrative Review,’’ dated March 18, 2020. 2015, 81 FR 29528 (May 12, 2016), and On September 9, 2019, Commerce 5 See Memorandum, ‘‘Tolling of Deadlines for accompanying Preliminary Decision Memorandum published a notice initiating an AD Antidumping and Countervailing Duty at 10–11, unchanged in Drawn Stainless Steel Sinks administrative review of fine denier Administrative Reviews in Response to Operational from the People’s Republic of China: Final Results polyester staple fiber (fine denier PSF) Adjustments Due to COVID–19,’’ dated April 24, of Antidumping Duty Administrative Review; Final 2020; see also Memorandum, ‘‘Tolling of Deadlines Determination of No Shipments; 2014–2015, 81 FR from India covering Reliance Industries for Antidumping and Countervailing Duty 54042 (August 15, 2016). Limited (RIL) for the period of review Administrative Reviews,’’ dated July 21, 2020.

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the AFA rate applied in the final public document and is available via at http://enforcement.trade.gov/frn/. determination of the investigation of Enforcement and Compliance’s The signed and electronic versions of fine denier PSF. For details regarding Antidumping and Countervailing Duty the Preliminary Decision Memorandum this determination, see the Preliminary Centralized Electronic Service System are identical in content. Decision Memorandum. A list of the (ACCESS). ACCESS is available to Preliminary Results of Review topics included in the Preliminary registered users at http:// Decision Memorandum is included as access.trade.gov. In addition, a complete Commerce preliminarily determines an appendix to this notice. The version of the Preliminary Decision that the following estimated weighted- Preliminary Decision Memorandum is a Memorandum can be accessed directly average dumping margin exists:

Estimated weighted- Cash deposit average rate adjusted Exporter/producer dumping for subsidy margin offset (percent) (percent)

Reliance Industries Limited ...... 21.43 14.48

Public Comment Commerce will notify interested parties exported by manufacturers or exporters of the hearing date and time. not covered in this review but covered Pursuant to 19 CFR 351.309(c)(1)(ii), We intend to issue the final results of in a prior segment of the proceeding, the interested parties may submit case briefs this administrative review, including cash deposit rate will continue to be the to the Assistant Secretary for the results of our analysis of issues company-specific rate published for the Enforcement and Compliance no later raised by the parties in the written most recently completed segment of this than 30 days after the date of comments, within 120 days of proceeding in which the manufacturer publication of this notice, unless the publication of these preliminary results or exporter participated; (3) if the Secretary alters the time limit. Rebuttal in the Federal Register, unless exporter is not a firm covered in this briefs, limited to issues raised in the otherwise extended.11 review, a prior review, or the less-than- case briefs, may be filed no later than fair-value investigation, but the seven days after the time limit for filing Assessment Rates 6 manufacturer is, the cash deposit rate case briefs. Parties who submit case Upon issuance of the final results of will be the rate established in the most briefs or rebuttal briefs in this review, Commerce will determine, and recently completed segment of the proceeding are requested to submit with U.S. Customs and Border Protection proceeding for the manufacturer of the each brief: (1) A statement of the issue, (CBP) shall assess, antidumping duties merchandise; and (4) the cash deposit (2) a brief summary of the argument, on all appropriate entries covered by rate for all other manufacturers or and (3) a table of authorities.7 Executive 12 this review. The final results of this exporters will continue to be 14.67 summaries should be limited to five administrative review shall be the basis percent ad valorem, the all-others rate pages total, including footnotes.8 Case for the assessment of antidumping established in the less-than-fair-value and rebuttal briefs should be filed using duties on entries of merchandise under investigation, adjusted for subsidy ACCESS.9 Note that Commerce has review and for future deposits of offsets.14 These cash deposit temporarily modified certain of its 13 estimated duties, where applicable. requirements, when imposed, shall requirements for serving documents We intend to issue liquidation remain in effect until further notice. containing business proprietary instructions to CBP 15 days after information.10 publication of the final results of this Notification to Importers Pursuant to 19 CFR 351.310(c), any review. This notice serves as a preliminary interested party who wants to request a Cash Deposit Requirements reminder to importers of their hearing, must submit a written request responsibility under 19 CFR 351.402(f) for a hearing to the Assistant Secretary The following cash deposit to file a certificate regarding the for Enforcement and Compliance, filed requirements will be effective for all reimbursement of antidumping duties electronically via ACCESS, within 30 shipments of fine denier PSF from India prior to liquidation of the relevant days after the date of publication of this entered, or withdrawn from warehouse, entries during this review period. notice in the Federal Register. Requests for consumption on or after the date of Failure to comply with this requirement for a hearing should contain: (1) The publication of this notice of the final could result in Commerce’s party’s name, address, and telephone results of this administrative review, as presumption that reimbursement of number; (2) the number of hearing provided for by section 751(a)(2)(C) of antidumping duties occurred and the participants; and (3) a list of the issues the Act: (1) The cash deposit rate for RIL subsequent assessment of double to be discussed in the hearing. Issues will be equal to the weighted-average antidumping duties. raised in the hearing will be limited to dumping margin established in the final those raised in the respective case and results of this review (except, if the Notification to Interested Parties rebuttal briefs. If a hearing is requested, weighted-average dumping margin is zero or de minimis within the meaning These preliminary results of 6 See 19 CFR 351.309(d)(1). of 19 CFR 351.106(c)(1), no cash deposit administrative review are issued and 7 See 19 CFR 351.309(c)(2) and (d)(2). will be required); (2) for merchandise published in accordance with sections 8 Id. 9 See 19 CFR 351.303. 11 See section 751(a)(3)(A) of the Act; and 19 CFR 14 See Fine Denier Polyester Staple Fiber from 10 See Temporary Rule Modifying AD/CVD 351.213(h)(1). India: Final Affirmative Antidumping Service Requirements Due to COVID–19, 85 FR 12 See 19 CFR 351.212(b). Determination of Sales at Less Than Fair Value, 83 41363 (July 10, 2020). 13 See section 751(a)(2)(C) of the Act. FR 24737 (May 30, 2018).

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751(a)(1) and 777(i)(1) of the Act, and 19 NW, Washington, DC 20230; telephone: On November 29, 2019, Commerce CFR 351.221(b)(4). (202) 482–5255. determined to limit the number of Dated: November 17, 2020. SUPPLEMENTARY INFORMATION: companies subject to individual Jeffrey I. Kessler, examination and selected Garware and Background Jindal as mandatory respondents.6 On Assistant Secretary for Enforcement and On July 1, 2019, Commerce published Compliance. December 6, 2019, the petitioners in the Federal Register a notice of submitted a timely letter withdrawing Appendix opportunity to request an administrative its request to review Ester, Garware, 7 List of Topics Discussed in the Preliminary review of the antidumping duty order Polyplex, SRF, Jindal, and Vacmet. Decision Memorandum on PET film from India, for the period Also on December 6, 2019, Polyplex July 1, 2018 through June 30, 2019.1 In USA LLC submitted a timely filed letter I. Summary accordance with section 751(a)(1) of the II. Background withdrawing its request to review Ester, III. Scope of the Order Tariff Act of 1930, as amended (the Act) Garware, Jindal, MTZ, Polyplex, SRF, IV. Application of Facts Available and Use of and 19 CFR 351.213(b)(1), in July 2019, Uflex, and Vacmet.8 SRF also filed a Adverse Inferences we received requests for reviews of the timely filed letter of withdrawal.9 V. Recommendation following companies: Ester Industries We issued our initial questionnaire to [FR Doc. 2020–25856 Filed 11–20–20; 8:45 am] Limited (Ester); Garware Polyester Ltd. Jindal on December 9, 2019. The (Garware); MTZ Polyesters Ltd. (MTZ); BILLING CODE 3510–DS–P deadline for withdrawal requests was Polyplex Corporation Ltd. (Polyplex); December 9, 2019.10 Jindal submitted its SRF Limited of India (SRF); Jindal Poly request for withdrawal on December 19, DEPARTMENT OF COMMERCE Films Ltd. (India) (Jindal); Uflex Ltd. 2019.11 (Uflex); and Vacmet India Limited On March 23, 2020, in accordance International Trade Administration (Vacmet).2 In addition to the petitioners with section 751(a)(3)(A) of the Act, and and Polyplex requesting a review of 19 CFR 351.213(h)(2), Commerce 3 [A–533–824] Jindal, Jindal self-requested. extended the due date for the Subsequently, on September 9, 2019, preliminary results by an additional 67 Polyethylene Terephthalate Film, in accordance with 19 CFR days, from April 1, 2020 to July 7, Sheet, and Strip From India: 351.222(c)(1)(i), Commerce published a 2020.12 On April 24, 2020, Commerce Preliminary Results and Partial notice of initiation of an administrative issued a memorandum tolling all Rescission of Antidumping Duty review of the antidumping duty order deadlines for administrative reviews, Administrative Review; 2018–2019 on PET film from India.4 including this one, by 50 days.13 On On September 27, 2019, we released July 21, 2020 Commerce issued another AGENCY: Enforcement and Compliance, U.S. Customs and Border Protection memorandum tolling all deadlines for International Trade Administration, (CBP) import data to eligible parties administrative reviews by a total of 60 U.S. Department of Commerce. under the Administrative Protective days.14 On October 21, 2020 in SUMMARY: The Department of Commerce Order and invited interested parties to accordance with section 751(a)(3)(A) of (Commerce) is conducting an submit comments with respect to the administrative review of the selection of respondents for individual 6 See Memorandum, ‘‘Administrative Review of 5 antidumping duty order on examination. No parties filed Antidumping Duty Order on Polyethylene polyethylene terephthalate film, sheet, comments. Terephthalate Film, (PET Film) from India: Selection of Respondents for Individual and strip (PET film) from India. The 1 See Antidumping or Countervailing Duty Order, Examination (Respondent Selection Memo), period of review (POR) is July 1, 2018 Finding or Suspended Investigation; Opportunity to November 29, 2019. through June 30, 2019. This review Request Administrative Review, 84 FR 31295 (July 7 See Letter Petitioners, ‘‘Polyethylene covers Jindal Poly Films Ltd. (India), a 1, 2019). Terephthalate Film, Sheet and Strip from India: producer and exporter of PET film from 2 See Letter DuPont Teijin Films, Mitsubishi Request for Withdrawal of Antidumping Polyester Film, Inc., and SKC, Inc. (collectively, Administrative Review,’’ dated December 6, 2019. India. Commerce preliminarily petitioners), ‘‘Polyethylene Terephthalate Film, 8 See Letter Polyplex USA LLC, ‘‘Polyethylene determines that sales of subject Sheet, and Strip (PET Film) from India, Request for Terephthalate Film, Sheet and Strip from India: merchandise have not been made below Antidumping Duty Administrative Review,’’ dated Request for Withdrawal of Anti-dumping normal value by Jindal Poly Films Ltd. July 15, 2019 (Petitioners’ Review Request); see also Administrative Review,’’ dated December 6, 2019. Letter Polyplex USA LLC, ‘‘Polyethylene 9 See Letter SRF Limited, ‘‘Polyethylene (India) during the POR. We are also Terephthalate Film, Sheet, and Strip (PET Film) Terephthalate Film, Sheet and Strip from India/ rescinding on seven companies where from India: Polyplex USA LLC’s Request for AD Withdrawal of Request for Antidumping Duty timely requests for withdrawals were Administrative Review,’’ dated July 18, 2019 Admin Review of SRF Limited (SRF),’’ dated (Polyplex’s Review Request); see also Letter SRF December 7, 2019. filed by all parties who requested the Limited, ‘‘Polyethylene Terephthalate Film, (PET reviews. The seven companies are as 10 See 19 CFR 351.213(d)(1). Film) from India: Request for Administrative 11 Review of the Antidumping Duty Order,’’ dated July See Letter Jindal, ‘‘Polyethylene Terephthalate follows: Ester Industries Limited; Film, Sheet and Strip from India: Withdrawal of Garware Polyester Ltd.; MTZ Polyesters 26, 2019; see also Letter Jindal Poly Films Limited of India, ‘‘Polyethylene Terephthalate Film, (PET Request for Administrative Review,’’ dated Ltd.; Polyplex Corporation Ltd.; SRF Film) from India: Request for Administrative December 17, 2019. (The deadline for withdrawal Limited of India; Uflex Ltd.; and Vacmet Review,’’ dated July 31, 2019. of review request was December 9, 2019.) 12 India Limited. Interested parties are 3 See Petitioners’ Review Request; see also See Memorandum ‘‘Polyethylene Terephthalate Film, Sheet and Strip from India: Extension of invited to comment on these Polyplex’s Review Request; see also Jindal’s Review Request. Deadline for Preliminary Results of Antidumping preliminary results. 4 See Initiation of Antidumping and Duty Administrative Review (2018–2019),’’ dated DATES: Applicable November 23, 2020. Countervailing Duty Administrative Reviews, 84 FR March 23, 2020. 47242, 47243–47244 (September 9, 2019) (Initiation 13 See Memorandum ‘‘Tolling of Deadlines for FOR FURTHER INFORMATION CONTACT: Notice). Antidumping and Countervailing Duty Jacqueline Arrowsmith, AD/CVD 5 See Memorandum, ‘‘Antidumping Duty Administrative Reviews in Response to Operational Operations, Office VII, Enforcement and Administrative Review of Polyethylene Adjustments Due to COVID–19,’’ dated April 24, 2020. Compliance, International Trade Terephthalate Film, Sheet, and Strip (PET) Film from India: Release of U.S. Customs Entry Data for 14 Memorandum, ‘‘Tolling of Deadlines for Administration, U.S. Department of Respondent Selection,’’ dated September 27, 2019 Antidumping and Countervailing Duty Commerce, 1401 Constitution Avenue (September 2019 Import Data Memo). Administrative Reviews,’’ July 21, 2020.

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the Act and 19 CFR 351.213(h)(2), complete version of the Decision Assessment Rates Commerce extended the due date for the Memorandum can be accessed directly Upon completion of this preliminary results by an additional 23 at http://enforcement.trade.gov/frn/ administrative review, Commerce shall days. The current deadline is November index.html. The signed and electronic 15 determine, and U.S. Customs and 17, 2020. versions of the Preliminary Decision Border Protection (CBP) shall assess, Memorandum are identical in content. Scope of the Order antidumping duties on all appropriate The merchandise subject to the order Preliminary Results of Review entries in accordance with 19 CFR is PET Film. The PET Film subject to As a result of this review, we 351.212(b). If a respondent’s weighted- the order is currently classifiable under preliminarily determine the following average dumping margin is not zero or subheading 3920.62.00.90 of the weighted-average dumping margins for de minimis (i.e., less than 0.5 percent) Harmonized Tariff Schedule of the the period July 1, 2018 through June 30, in the final results of this review, we United States (HTSUS). Although the 2019: will calculate importer-specific ad HTSUS number is provided for valorem assessment rates on the basis of convenience and for customs purposes, Weighted- the ratio of the total amount of dumping average the written product description, Manufacturer/exporter calculated for an importer’s examined margin sales and the total entered value of such available in the Preliminary Decision (percent) Memorandum, remains dispositive.16 sales in accordance with 19 CFR Jindal Poly Films Ltd. (India) ...... 0.00 351.212(b)(1). Where either the Partial Rescission of Administrative respondent’s weighted-average dumping Review Disclosure and Public Comment margin is zero or de minimis within the meaning of 19 CFR 351.106(c), or an Commerce initiated a review of eight We intend to disclose the calculations 17 importer-specific rate is zero or de companies in this proceeding. We are performed to parties in this proceeding rescinding this administrative review minimis, we will instruct CBP to within five days after public liquidate the appropriate entries with respect to seven of these announcement of the preliminary companies: Ester, Garware, MTZ, without regard to antidumping duties. results in accordance with 19 CFR We intend to issue instructions to Polyplex, SRF, Uflex, and Vacmet, 351.224(b). Pursuant to 19 CFR pursuant to 19 CFR 351.213(d)(1), CBP 15 days after publication of the 351.309(c), interested parties may final results of this review. because all review requests of these submit case briefs not later than 30 days 18 companies were timely withdrawn. after the date of publication of this Cash Deposit Requirements Accordingly, the only company that notice. Rebuttal briefs, limited to issues The following deposit requirements remains subject to the instant review is raised in the case briefs, may be filed Jindal, as explained in the will be effective for all shipments of not later than seven days after the date PET film from India entered, or ‘‘Background’’ section. 19 for filing case briefs. Parties who withdrawn from warehouse, for Methodology submit case briefs or rebuttal briefs in consumption on or after the date of this proceeding are encouraged to Commerce is conducting this review publication of the final results of this submit with each argument: (1) A in accordance with section 751(a)(2) of administrative review, as provided for statement of the issue; (2) a brief by section 751(a)(2)(C) of the Act: (1) the Act. Export price is calculated in summary of the argument; and (3) a accordance with section 772 of the Act. 20 The cash deposit rate for the company table of authorities. under review will be the rate Normal value is calculated in Pursuant to 19 CFR 351.310(c), established in the final results of this accordance with section 773 of the Act. interested parties who wish to request a review (except, if the rate is zero or de For a full description of the hearing, must submit a written request minimis, no cash deposit will be methodology underlying our to the Acting Assistant Secretary for required); (2) for previously reviewed or conclusions, see the Preliminary Enforcement and Compliance, filed Decision Memorandum. A list of topics electronically via ACCESS. An investigated companies not listed above, included in the Preliminary Decision electronically filed document must be the cash deposit rate will continue to be Memorandum is included as an received successfully in its entirety by the company-specific rate published for Appendix to this notice. The Commerce’s electronic records system, the most recent period; (3) if the Preliminary Decision Memorandum is a ACCESS, by 5 p.m. Eastern Time within exporter is not a firm covered in this public document and is on file 30 days after the date of publication of review, a prior review, or the less-than- electronically via Enforcement and this notice. Requests should contain: (1) fair-value investigation, but the Compliance’s Antidumping and The party’s name, address, and manufacturer is, the cash deposit rate Countervailing Duty Centralized telephone number; (2) the number of will be the rate established for the most Electronic Service System (ACCESS). participants; and (3) a list of issues to be recent period for the manufacturer of ACCESS is available to registered users discussed. Issues raised in the hearing the merchandise; and (4) the cash at http://access.trade.gov. In addition, a will be limited to those raised in the deposit rate for all other manufacturers respective case briefs. Commerce or exporters is 5.71 percent. These cash 15 See Memorandum, ‘‘Polyethylene terephthalate intends to issue the final results of this deposit requirements, when imposed, (PET) film, sheet, and strip (PET Film) from India: shall remain in effect until further Extension of Deadline for Preliminary Results of administrative review, including the Antidumping Duty Administrative Review (2018– results of its analysis of the issues raised notice. 2019),’’ dated October 21, 2020. in any written briefs, not later than 120 Notification to Importers 16 See ‘‘Decision Memorandum for Preliminary days after the date of publication of this Results and Partial Rescission of Antidumping Duty notice, unless extended, pursuant to This notice also serves as a Administrative Review: Polyethylene Terephthalate preliminary reminder to importers of Film, Sheet, and Strip from India; 2018–2019’’ section 751(a)(3)(A) of the Act. (Preliminary Decision Memorandum), which is their responsibility under 19 CFR hereby adopted by this notice. 19 See 19 CFR 351.309(d). 351.402(f)(2) to file a certificate 17 See Initiation Notice. 20 See 19 CFR 351.303 (for general filing regarding the reimbursement of 18 See Preliminary Decision Memorandum at 4. requirements). antidumping duties prior to liquidation

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of the relevant entries during this Background programs found countervailable, we review period. Failure to comply with On September 9, 2019, Commerce preliminarily determine that there is a this requirement could result in the published a notice of initiation of an subsidy, i.e., a financial contribution Secretary’s presumption that administrative review of the from an authority that gives rise to a reimbursement of antidumping duties countervailing duty (CVD) order on benefit to the recipient, and that the 6 occurred and the subsequent assessment CORE from Korea.1 On March 19, 2020, subsidy is specific. For a full of double antidumping duties. Commerce extended the deadline for the description of the methodology Notification to Interested Parties preliminary results of this review.2 On underlying our conclusions, see the April 24, 2020, Commerce tolled all accompanying Preliminary Decision We are issuing and publishing these deadlines in administrative reviews by Memorandum. results in accordance with sections 50 days.3 On July 21, 2020, Commerce 751(a)(1) and 777(i)(1) of the Act and 19 Companies Not Selected for Individual tolled all deadlines in administrative CFR 351.213(h)(1). Review reviews by an additional 60 days.4 The Dated: November 17, 2020. revised deadline for the preliminary For the companies not selected for Joseph A. Laroski Jr., results is November 17, 2020. individual review, because the rates Deputy Assistant Secretary for Policy and For a complete description of the calculated for Dongbu and Hyundai Negotiations. events that followed the initiation of Steel were above de minimis and not this review, see the Preliminary Appendix based entirely on facts available, we Decision Memorandum.5 A list of topics applied a subsidy rate based on a List of Topics Discussed in the Preliminary discussed in the Preliminary Decision weighted-average of the subsidy rates Decision Memorandum Memorandum is included at the calculated for Dongbu and Hyundai I. Summary Appendix I to this notice. The Steel using publicly ranged sales data II. Background Preliminary Decision Memorandum is a submitted by respondents.7 III. Scope of the Order public document and is on file IV. Partial Rescission of Administrative electronically via Enforcement and Preliminary Results of Review Review Compliance’s Antidumping and V. Comparisons to Normal Value As a result of this review, we VI. Date of Sale Countervailing Duty Centralized preliminarily determine the net VII. Export Price Electronic Service System (ACCESS). countervailable subsidy rates to be: VIII. Normal Value ACCESS is available to registered users IX. Currency Conversion at http://access.trade.gov. In addition, a Net X. Recommendation complete version of the Preliminary countervailable [FR Doc. 2020–25857 Filed 11–20–20; 8:45 am] Decision Memorandum can be accessed Company subsidy rate (percent ad BILLING CODE 3510–DS–P directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions valorem) 2018 of the Preliminary Decision Dongbu Steel Co., Ltd./ DEPARTMENT OF COMMERCE Memorandum are identical in content. Dongbu Incheon Steel Scope of the Order Co., Ltd...... 6.87 International Trade Administration Hyundai Steel Company 0.51 The merchandise covered by the order [C–580–879] Non-Selected Companies is certain corrosion-resistant steel Under Review8 ...... 3.13 Certain Corrosion-Resistant Steel products. For a complete description of Products From the Republic of Korea: the scope of the order, see the Assessment Rate Preliminary Results of Countervailing Preliminary Decision Memorandum. Duty Administrative Review; 2018 Methodology Pursuant to section 751(a)(2)(C) of the Act, upon issuance of the final results, AGENCY: Enforcement and Compliance, Commerce is conducting this review Commerce shall determine, and International Trade Administration, in accordance with section 751(a)(l)(A) Customs and Border Protection (CBP) U.S. Department of Commerce. of the Tariff Act of 1930, as amended shall assess, countervailing duties on all SUMMARY: The Department of Commerce (the Act). For each of the subsidy appropriate entries covered by this (Commerce) preliminarily determines review. We intend to issue instructions 1 See Initiation of Antidumping and to CBP 15 days after publication of the that countervailable subsidies are being Countervailing Duty Administrative Reviews, 84 FR provided to producers and exporters of 47242 (September 9, 2019) (Initiation Notice). final results of this review. certain corrosion-resistant steel 2 See Memorandum, ‘‘Extension of Deadline for products from the Republic of Korea. Preliminary Results of Countervailing Duty 6 See sections 771(5)(B) and (D) of the Act The period of review (POR) is January Administrative Review—2018,’’ dated March 19, regarding financial contribution; section 771(5)(E) 2020. of the Act regarding benefit; and section 771(5A) of 1, 2018 through December 31, 2018. 3 See Memorandum, ‘‘Tolling of Deadlines for the Act regarding specificity. DATES: Applicable November 23, 2020. Antidumping and Countervailing Duty 7 With two respondents under review, Commerce FOR FURTHER INFORMATION CONTACT: Administrative Reviews in Response to Operational normally calculates: (A) A weighted-average of the Adjustments Due to COVID–19,’’ dated April 24, estimated subsidy rates calculated for the examined Myrna Lobo or Jun Jack Zhao, AD/CVD 2020. respondents; (B) a simple average of the estimated Operations, Office VII, Enforcement and 4 See Memorandum, ‘‘Tolling of Deadlines for subsidy rates calculated for the examined Compliance, International Trade Antidumping and Countervailing Duty respondents; and (C) a weighted-average of the Administration, U.S. Department of Administrative Reviews,’’ dated July 21, 2020. estimated subsidy rates calculated for the examined 5 See Memorandum, ‘‘Decision Memorandum for respondents using each company’s publicly ranged Commerce, 1401 Constitution Avenue the Preliminary Results of the Countervailing Duty U.S. sales quantities for the merchandise under NW, Washington, DC 20230; telephone: Administrative Review; 2018: Certain Corrosion- consideration. Commerce then compares (B) and (C) (202) 482–2371 and (202) 482–1396, Resistant Steel Products from the Republic of to (A) and selects the rate closest to (A) as the most respectively. Korea,’’ dated concurrently with, and hereby appropriate rate for all other producers and adopted by, this notice (Preliminary Decision exporters. SUPPLEMENTARY INFORMATION: Memorandum). 8 See Appendix II.

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Cash Deposit Rate be determined.15 Parties should confirm 29. Seun Steel the date and time of the hearing two 30. Shandongsheng Cao Xian Yalu Mftd. Pursuant to section 751(a)(2)(C) of the 31. Sung A Steel Act, Commerce intends to instruct CBP days before the scheduled date. Parties are reminded that all briefs 32. TCC Steel Co., Ltd. to collect cash deposits of estimated 33. Young Heung Iron and Steel Co., Ltd. countervailing duties in the amount and hearing requests must be filed 34. Young Steel Korea Co., Ltd. indicated above with regard to electronically using ACCESS and 35. Young Sun Steel Co. shipments of subject merchandise received successfully in their entirety by 5 p.m. Eastern Time on the due date. [FR Doc. 2020–25853 Filed 11–20–20; 8:45 am] entered, or withdrawn from warehouse, BILLING CODE 3510–DS–P for consumption on or after the date of Unless the deadline is extended publication of the final results of this pursuant to section 751(a)(3)(A) of the Act, Commerce intends to issue the final review. For all non-reviewed firms, we DEPARTMENT OF COMMERCE will instruct CBP to continue to collect results of this administrative review, cash deposits of estimated including the results of our analysis of International Trade Administration the issues raised by the parties in their countervailing duties at the most recent [A–533–502] company-specific or all-others rate comments, within 120 days after publication of these preliminary results. applicable to the company, as Welded Carbon Steel Standard Pipes appropriate. These cash deposit Notification to Interested Parties and Tubes From India: Rescission of instructions, when imposed, shall This administrative review and notice Antidumping Duty Administrative remain in effect until further notice. are issued and published in accordance Review 2019–2020 Disclosure and Public Comment with sections 751(a)(1) and 777(i)(1) of AGENCY: Enforcement and Compliance, Commerce intends to disclose to the Act, and 19 CFR 351.213 and 19 International Trade Administration, parties to this proceeding the CFR 351.221(b)(4). Department of Commerce. calculations performed in reaching the Dated: November 17, 2020. SUMMARY: The Department of Commerce preliminary results within five days Jeffrey I. Kessler, (Commerce) is rescinding the after the date of publication of these Assistant Secretary for Enforcement and administrative review on welded carbon preliminary results.9 Interested parties Compliance. steel standard pipes and tubes (pipes may submit written comments (case Appendix I and tubes) from India covering the briefs) within 30 days of publication of period of review (POR) May 1, 2019, the preliminary results, and rebuttal List of Topics Discussed in the Preliminary through April 30, 2020, based on the comments (rebuttal briefs), limited to Decision Memorandum timely withdrawal of the request for issues raised in case briefs, within seven I. Summary review. days 10 after the time limit for filing case II. Background DATES: Applicable November 23, 2020. briefs. Parties who submit case briefs or III. Period of Review rebuttal briefs are requested to submit IV. Scope of the Order FOR FURTHER INFORMATION CONTACT: with each argument: (1) A statement of V. Rate for Non-Examined Companies Jacob Keller, AD/CVD Operations, the issue; (2) a brief summary of the VI. Subsidies Valuation Information Office I, Enforcement and Compliance, VII. Analysis of Programs International Trade Administration, argument; and (3) a table of VIII. Recommendation authorities.11 Note that Commerce has U.S. Department of Commerce, 1401 temporarily modified certain of its Appendix II Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4849. requirements for serving documents List of Non-Selected Companies containing business proprietary SUPPLEMENTARY INFORMATION: 12 1. AJU Steel Co., Ltd. information, until further notice. 2. Anjeon Tech Background Interested parties who wish to request 3. Benison Korea Transport On May 1, 2019, Commerce published a hearing must do so within 30 days of 4. Core International publication of these preliminary results 5. CS Global Logistics a notice of opportunity to request an by submitting a written request to the 6. Dai Yang Metal Co., Ltd. administrative review of the Assistant Secretary for Enforcement and 7. GS Global Corp. antidumping duty order on pipes and Compliance using Enforcement and 8. Hanwa (Korea) Co., Ltd. tubes from India for the POR May 1, Compliance’s ACCESS system.13 9. Hebei Hongxing Auto Made 2019, through April 30, 2020.1 On July Requests should contain the party’s 10. Integris 10, 2020, in response to timely requests name, address, and telephone number, 11. Jeongwha Polytech from interested parties, and in 12. Joo Sung Sea And AirCo., Ltd. accordance with section 751(a) of the the number of participants, whether any 13. KC Tech participant is a foreign national, and a 14. Kima Steel Corporation Tariff Act of 1930, as amended (the Act), list of the issues to be discussed. Issues 15. Korea Clad Tech and 19 CFR 351.213(b), we initiated an raised in the hearing will be limited to 16. Kyoungdo Steel Co., Ltd. administrative review of the those raised in the respective case and 17. Market Connect Sales Services antidumping duty order on pipes and rebuttal briefs.14 If a request for a 18. Milestone Korea Co., Ltd. tubes from India with respect to 30 hearing is made, Commerce intends to 19. POSCO companies.2 hold the hearing at a time and date to 20. POSCO Coated & Color Steel Co., Ltd. On October 8, 2020, Nucor Tubular 21. POSCO Daewoo Corporation Products Inc. (Nucor) timely withdrew 22. POSCO International Corporation 9 its request for an administrative review See 19 CFR 351.224(b). 23. Qingdao Wangbaoqiang 10 See Temporary Rule Modifying AD/CVD 24. Roser Co., Ltd. Service Requirements Due to COVID–19; Extension 1 See Antidumping or Countervailing Duty Order, of Effective Period, 85 FR 41363 (July 10, 2020) 25. Samsung C&T Corporation 26. Sanglim Steel Finding, or Suspended Investigation; Opportunity (Temporary Rule). to Request Administrative Review, 85 FR 25394 11 See 19 CFR 351.309(c)(2) and (d)(2). 27. SeAH Steel (May 1, 2020). 12 See Temporary Rule. 28. Sejung Shipping Co., Ltd. 2 See Initiation of Antidumping and 13 See 19 CFR 351.310(c). Countervailing Duty Administrative Reviews, 85 FR 14 See 19 CFR 351.310(c). 15 See 19 CFR 351.310. 41540 (July 10, 2020).

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for Apl Apollo Tubes Ltd., Asian Contec liquidation of the relevant entries DATES: To ensure consideration, Ltd., Bhandari Foils & Tubes Ltd., during this review period. Failure to comments regarding this proposed Bhushan Steel Ltd., Blue Moon Logistics comply with this requirement could information collection must be received Pvt. Ltd., CH Robinson Worldwide, Ess- result in Commerce’s presumption that on or before January 22, 2021. Kay Engineers, Garg Tube Export LLP, reimbursement of antidumping duties ADDRESSES: Interested persons are GCL Private Limited, Goodluck India occurred and the subsequent assessment invited to submit written comments to Ltd., GVN Fuels Ltd., Fiber Tech of doubled antidumping duties. Adrienne Thomas, NOAA PRA Officer, Composite Pvt. Ltd., Hydromatik, Jindal at [email protected]. Please Quality Tubular Ltd., KLT Automatic & Notification Regarding Administrative Protective Order reference OMB Control Number 0648– Tubular Products Ltd., Lloyds Line 0759 in the subject line of your Pipes Ltd., Manushi Enterprise, This notice also serves as a reminder comments. Do not submit Confidential MARINEtrans India Private Ltd., Nishi to parties subject to administrative Business Information or otherwise Boring Corporation, Patton International protective order (APO) of their sensitive or protected information. Ltd., Raajratna Ventures Ltd., Ratnamani responsibility concerning the FOR FURTHER INFORMATION CONTACT: Metals & Tubes Ltd., SAR Transport disposition of proprietary information Requests for additional information or Systems Pvt. Ltd., Surya Global Steel disclosed under APO in accordance specific questions related to collection Tubes Ltd., Surya Roshni Ltd., with 19 CFR 351.305(a)(3). Timely activities should be directed to Special Vallourec Heat Exchanger Tubes Ltd., written notification of the return or Agent Jaclyn Smith, NOAA Fisheries Welspun India Ltd., Zenith Birla (India) destruction of APO materials or Office of Law Enforcement, 222 W 7th Ltd., Zenith Birla Steels Private Ltd., conversion to judicial protective order is Ave. #10, Anchorage, AK 99513, 907– and Zenith Dyeintermediates Ltd.3 hereby requested. Failure to comply 271–1869, or [email protected]. Rescission of Administrative Review with the regulations and the terms of an SUPPLEMENTARY INFORMATION: APO is a sanctionable violation. Pursuant to 19 CFR 351.213(d)(1), I. Abstract Commerce will rescind an Notification to Interested Parties administrative review ‘‘in whole or in This is a request for extension of a part, if a party that requested a review This notice is issued and published in currently approved information withdraws the request within 90 days of accordance with sections 751(a)(1) and collection. the date of publication of notice of 777(i)(1) of the Act and 19 CFR NMFS certified observers are a vital initiation of the requested review.’’ 351.213(d)(4). part of fisheries management. Observers Because Nucor withdrew its request for Dated: November 17, 2020. are deployed to collect fisheries data in review within the 90-day time limit,4 James Maeder, the field; observers often deploy to and because we received no other Deputy Assistant Secretary for Antidumping vessels and work alongside fishers for requests for review of the companies for and Countervailing Duty Operations. weeks and months at a time. The work which the review request was [FR Doc. 2020–25813 Filed 11–20–20; 8:45 am] environment observers find themselves in can be challenging, especially if the withdrawn, we are rescinding the BILLING CODE 3510–DS–P administrative review of the order on observer finds themselves a target for pipes and tubes from India, in its victim type violations such as sexual entirety. DEPARTMENT OF COMMERCE harassment, intimidation, or even assault. NOAA Fisheries’ Office of Law Assessment National Oceanic and Atmospheric Enforcement prioritizes investigations Commerce will instruct U.S. Customs Administration into allegations of sexual harassment, and Border Protection (CBP) to assess hostile work environment, assault and antidumping duties on all appropriate Agency Information Collection other complaints which may affect entries. For all respondents, Activities; Submission to the Office of observers individually. However, it is antidumping duties shall be assessed at Management and Budget (OMB) for difficult for a person to disclose if they the rate equal to the cash deposit of Review and Approval; Comment have been a victim of a crime, and law estimated antidumping duties required Request; North Pacific Observer Safety enforcement cannot respond if no at the time of entry, or withdrawal from Survey complaint is submitted. The true warehouse, for consumption, in number of observers who have accordance with 19 CFR AGENCY: National Oceanic & experienced victim type crimes is 351.212(c)(1)(i). Commerce intends to Atmospheric Administration (NOAA), unknown, and the reasons why they do issue appropriate assessment Commerce. not report is also unclear. More instructions to CBP 15 days after ACTION: Notice of information collection, information is needed to understand publication of this notice in the Federal request for comment. how many observers per year Register. experience victim type crimes, and why SUMMARY: The Department of they chose not to report to law Notification to Importers Commerce, in accordance with the enforcement. This notice serves as a final reminder Paperwork Reduction Act of 1995 The Office of Law Enforcement, to importers of their responsibility (PRA), invites the general public and Alaska Division, is conducting a survey under 19 CFR 351.402(f)(2) to file a other Federal agencies to comment on of North Pacific Observers to determine certificate regarding the reimbursement proposed, and continuing information the number of observers who of antidumping duties prior to collections, which helps us assess the experienced victimizing behavior impact of our information collection during deployments. This survey will be 3 See Nucor’s Letter, ‘‘Certain Welded Carbon requirements and minimize the public’s launched on an annual basis. The Steel Standard Pipes and Tubes from India: reporting burden. The purpose of this survey will also investigate the reasons Withdrawal of Request for Administrative Review,’’ dated October 8, 2020. notice is to allow for 60 days of public that prevented observers from reporting 4 The 90-day period ended on Thursday, October comment preceding submission of the these violations. The results of the 8, 2020. collection to OMB. survey will provide the Office of Law

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Enforcement a better understanding of including your address, phone number, of specification alternatives and how often observers are victimized, email address, or other personal management measures for FY 2021 and which will enable them to reallocate identifying information in your FY 2022 that will be included in resources as needed, conduct more comment, you should be aware that Framework Adjustment 33. Framework training for observers to ensure they your entire comment—including your Adjustment 33 will set specifications know how to report, conduct training to personal identifying information—may including ABC/ACLs, days-at-sea, ensure people understand what be made publicly available at any time. access area allocations, total allowable constitutes a victim crime, and to While you may ask us in your comment catch for the Northern Gulf of Maine increase awareness of potential to withhold your personal identifying (NGOM) management area, targets for victimizations. Additionally, the survey information from public review, we General Category incidental catch, results will help law enforcement cannot guarantee that we will be able to General Category access area trips and understand the barriers to disclosure, so do so. trip accounting, and set-asides for the enforcement may begin to address these observer and research programs for Sheleen Dumas, impediments so they no longer prevent fishing year 2021 and default observers from disclosure. Department PRA Clearance Officer, Office of specifications for fishing year 2022. the Chief Information Officer, Commerce Other business may be discussed, as II. Method of Collection Department. necessary. Data will be collected on a voluntary [FR Doc. 2020–25765 Filed 11–20–20; 8:45 am] Although non-emergency issues not basis, via an electronic survey to ensure BILLING CODE 3510–22–P contained in this agenda may come anonymity. The survey will be offered before this group for discussion, those to all observers who deployed in 2020 DEPARTMENT OF COMMERCE issues may not be the subject of formal in the North Pacific Observer Program. action during this meeting. Action will Individual data will not be released for National Oceanic and Atmospheric be restricted to those issues specifically public use. Administration listed in this notice and any issues III. Data arising after publication of this notice [RTID 0648–XA656] that require emergency action under OMB Control Number: 0648–0759. section 305(c) of the Magnuson-Stevens Form Number(s): None. New England Fishery Management Council; Public Meeting Act, provided the public has been Type of Review: Regular (extension of notified of the Council’s intent to take a current information collection). AGENCY: National Marine Fisheries final action to address the emergency. Affected Public: Individuals. Service (NMFS), National Oceanic and Special Accommodations Estimated Number of Respondents: Atmospheric Administration (NOAA), 300. Commerce. This meeting is physically accessible Estimated Time per Response: 10 ACTION: Notice; public meeting. to people with disabilities. Requests for minutes. sign language interpretation or other Estimated Total Annual Burden SUMMARY: The New England Fishery auxiliary aids should be directed to Hours: 50 hours. Management Council (Council) is Thomas A. Nies, Executive Director, at Estimated Total Annual Cost to scheduling a public meeting of its (978) 465–0492, at least 5 days prior to Public: $0 in recordkeeping/reporting Scallop Advisory Panel via webinar to the meeting date. Consistent with 16 costs. consider actions affecting New England U.S.C. 1852, a copy of the recording is Respondent’s Obligation: Voluntary. fisheries in the exclusive economic zone available upon request. Legal Authority: U.S. Code: 16 U.S.C. (EEZ). Recommendations from this Authority: 16 U.S.C. 1801 et seq. 1801 et seq., Magnuson-Stevens Fishery group will be brought to the full Council Conservation and Management Act. for formal consideration and action, if Dated: November 17, 2020. IV. Request for Comments appropriate. Rey Israel Marquez, DATES: This meeting will be held on Acting Deputy Director, Office of Sustainable We are soliciting public comments to Fisheries, National Marine Fisheries Service. permit the Department/Bureau to: (a) Tuesday, December 8, 2020 at 9 a.m. [FR Doc. 2020–25734 Filed 11–20–20; 8:45 am] Evaluate whether the proposed ADDRESSES: All meeting participants information collection is necessary for and interested parties can register to BILLING CODE 3510–22–P the proper functions of the Department, join the webinar at https:// including whether the information will attendee.gotowebinar.com/register/ DEPARTMENT OF COMMERCE have practical utility; (b) Evaluate the 7038306392860227599. accuracy of our estimate of the time and Council address: New England National Oceanic and Atmospheric cost burden for this proposed collection, Fishery Management Council, 50 Water Administration including the validity of the Street, Mill 2, Newburyport, MA 01950. [RTID 0648–XA657] methodology and assumptions used; (c) FOR FURTHER INFORMATION CONTACT: Evaluate ways to enhance the quality, Thomas A. Nies, Executive Director, New England Fishery Management utility, and clarity of the information to New England Fishery Management Council; Public Meeting be collected; and (d) Minimize the Council; telephone: (978) 465–0492. reporting burden on those who are to SUPPLEMENTARY INFORMATION: AGENCY: National Marine Fisheries respond, including the use of automated Service (NMFS), National Oceanic and collection techniques or other forms of Agenda Atmospheric Administration (NOAA), information technology. The Scallop Advisory Panel will Commerce. Comments that you submit in discuss Framework Adjustment 33 and ACTION: Notice; public meeting. response to this notice are a matter of receive an update on a range of potential public record. We will include or allocations for the 2021 and 2022 SUMMARY: The New England Fishery summarize each comment in our request fishing years. The primary focus of this Management Council (Council) is to OMB to approve this ICR. Before meeting will be to develop input a range scheduling a public meeting of its

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Scallop Committee via webinar to General Category incidental catch, Dated: November 17, 2020. consider actions affecting New England General Category access area trips and Rey Israel Marquez, fisheries in the exclusive economic zone trip accounting, and set-asides for the Acting Deputy Director, Office of Sustainable (EEZ). Recommendations from this observer and research programs for Fisheries, National Marine Fisheries Service. group will be brought to the full Council fishing year 2021 and default [FR Doc. 2020–25735 Filed 11–20–20; 8:45 am] for formal consideration and action, if specifications for fishing year 2022. BILLING CODE 3510–22–P appropriate. Other business may be discussed, as DATES: This meeting will be held on necessary. Thursday, December 10, 2020 at 9 a.m. Although non-emergency issues not DEPARTMENT OF DEFENSE via webinar. contained in this agenda may come ADDRESSES: All meeting participants before this group for discussion, those Office of the Secretary and interested parties can register to issues may not be the subject of formal [Transmittal No. 20–54] join the webinar at https:// action during these meetings. Action attendee.gotowebinar.com/register/ will be restricted to those issues Arms Sales Notification 2922096597792454159. specifically listed in this notice and any Council address: New England AGENCY: Defense Security Cooperation Fishery Management Council, 50 Water issues arising after publication of this Agency, Department of Defense. notice that require emergency action Street, Mill 2, Newburyport, MA 01950. ACTION: Arms sales notice. FOR FURTHER INFORMATION CONTACT: under section 305(c) of the Magnuson- Thomas A. Nies, Executive Director, Stevens Act, provided the public has SUMMARY: The Department of Defense is New England Fishery Management been notified of the Council’s intent to publishing the unclassified text of an Council; telephone: (978) 465–0492. take final action to address the arms sales notification. SUPPLEMENTARY INFORMATION: emergency. FOR FURTHER INFORMATION CONTACT: Agenda Special Accommodations Karma Job at [email protected] or (703) 697–8976. The Scallop Committee with discuss This meeting is physically accessible SUPPLEMENTARY INFORMATION: This Framework Adjustment 33 and receive to people with disabilities. Requests for 36(b)(1) arms sales notification is an update on a range of potential sign language interpretation or other published to fulfill the requirements of allocations for the 2021 and 2022 auxiliary aids should be directed to section 155 of Public Law 104–164 fishing years. The primary focus of this Thomas A. Nies, Executive Director, at dated July 21, 1996. The following is a meeting will be to develop input a range (978) 465–0492, at least 5 days prior to copy of a letter to the Speaker of the of specification alternatives and the meeting date. Consistent with 16 House of Representatives, Transmittal management measures for FY 2021 and 20–54 with attached Policy Justification FY 2022 that will be included in U.S.C. 1852, a copy of the recording is and Sensitivity of Technology. Framework Adjustment 33. Framework available upon request. Adjustment 33 will set specifications Authority: 16 U.S.C. 1801 et seq. Dated: November 18, 2020. including ABC/ACLs, days-at-sea, Kayyonne T. Marston, access area allocations, total allowable Alternate OSD Federal Register Liaison catch for the Northern Gulf of Maine Officer, Department of Defense. (NGOM) management area, targets for BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C (iii) Description and Quantity or technical and logistical support Transmittal No. 20–54 Quantities of Articles or Services under services, and other related elements of Consideration for purchase: logistical and program support. Notice of Proposed Issuance of Letter of Major Defense Equipment (MDE): Offer Pursuant to Section 36(b)(1) of the (iv) Military Department: Air Force Arms Export Control Act, as amended Thirty-two (32) AIM–120C–8 Advanced (JA–D–YAU) Medium Range Air-to-Air Missiles (v) Prior Related Cases, if any: JA–D– (AMRAAM) (i) Prospective Purchaser: Government YCM, JA–D–YAO, JA–D–YAK, JA–D– One (1) AIM–120C–8 AMRAAM of Japan YAI, JA–D–YAH (ii) Total Estimated Value: Guidance Section (spare) Non-MDE: Also included are (vi) Sales Commission, Fee, etc., Paid, Major Defense Equipment* .. $60 million Offered, or Agreed to be Paid: None Other ...... $ 3 million containers, support and support equipment, spare and repair parts, U.S. (vii) Sensitivity of Technology Total ...... $63 million Government and contractor engineering, Contained in the Defense Article or

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Defense Services Proposed to be Sold: arrangements proposed in connection 4. A determination has been made See Attached Annex. with this potential sale. that Japan can provide substantially the (viii) Date Report Delivered to Implementation of this sale will not same degree of protection for the Congress: August 26, 2020 require the assignment of U.S. sensitive technology being released as * As defined in Section 47(6) of the Government or contractor the U.S. Government. This sale is Arms Export Control Act. representatives in Japan. necessary in furthering U.S. foreign There will be no adverse impact on policy and national security objectives POLICY JUSTIFICATION U.S. defense readiness as a result of this outlined in the Policy Justification. Japan—AIM–120C–8 Advanced Medium proposed sale. 5. All defense articles and services Range Air-to-Air Missiles (AMRAAM) Transmittal No. 20–54 listed in this transmittal have been authorized for release and export to Notice of Proposed Issuance of Letter of The Government of Japan has Japan. requested to buy thirty-two (32) AIM– Offer Pursuant to Section 36(b)(1) of the 120C–8 AMRAAM and one (1) AIM– Arms Export Control Act [FR Doc. 2020–25780 Filed 11–20–20; 8:45 am] BILLING CODE 5001–06–P 120C–8 AMRAAM guidance section Annex spare. Also included are containers, support and support equipment, spare Item No. vii DEPARTMENT OF DEFENSE and repair parts, U.S. Government and (vii) Sensitivity of Technology: contractor engineering, technical and 1. The proposed sale will involve the logistical support services, and other release of sensitive technology to the [Transmittal No. 20–56] related elements of logistical and Government of Japan related to the Arms Sales Notification program support. The estimated total AIM–120C–8 Advanced Medium Range Air-to-Air Missile (AMRAAM). The cost is $63 million. AGENCY: Defense Security Cooperation This proposed sale will support the AIM–120C–8 AMRAAM is a supersonic, Agency, Department of Defense. foreign policy goals and national air launched, aerial intercept, guided ACTION: Arms sales notice. security objectives of the United States missile featuring digital technology and micro-miniature solid-state electronics. by improving the security of a major ally SUMMARY: The Department of Defense is that is a force for political stability and Purchase will include AMRAAM Guidance Section spares. AMRAAM publishing the unclassified text of an economic progress in the Asia-Pacific arms sales notification. region. It is vital to U.S. national interest capabilities include look-down/shoot- FOR FURTHER INFORMATION CONTACT: to assist Japan in developing and down, multiple launches against maintaining a strong and effective self- multiple targets, resistance to electronic Karma Job at [email protected] defense capability. countermeasures, and interception of or (703) 697–8976. high- and low-flying and maneuvering The proposed sale of missiles will SUPPLEMENTARY INFORMATION: This targets. The AIM–120C–8 is a form, fit, provide Japan a critical air defense 36(b)(1) arms sales notification is function refresh of the AIM–120C–7 and capability to assist in defending the published to fulfill the requirements of is the next generation to be produced. Japanese homeland and U.S. personnel section 155 of Public Law 104–164 2. The highest level of classification of dated July 21, 1996. The following is a stationed there. Japan already has information included in this potential AMRAAM in its inventory and will copy of a letter to the Speaker of the sale is SECRET. House of Representatives, Transmittal have no difficulty absorbing the 3. If a technologically advanced 20–56 with attached Policy Justification additional missiles into its armed forces. adversary were to obtain knowledge of and Sensitivity of Technology. The proposed sale of this equipment the specific hardware and software and support will not alter the basic elements, the information could be used Dated: November 18, 2020. military balance in the region. to develop countermeasures that might Kayyonne T. Marston, The prime contractor will be reduce weapon system effectiveness or Alternate OSD Federal Register Liaison Raytheon Missile Systems of Tucson, be used in the development of a system Officer, Department of Defense. AZ. There are no known offset with similar or advanced capabilities. BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Two (2) Multifunctional, Information Transmittal No. 20–56 Major Defense Equipment* .. $ 50 million Distribution System-Low Volume Other ...... $300 million Terminal Block Upgrade Two (MIDS– Notice of Proposed Issuance of Letter of LVT BU2) Offer Pursuant to Section 36(b)(1) of the Total ...... $350 million Arms Export Control Act, as amended Non-MDE: Also included are AN/ ARC–210 radios; AN/ARC–164 radios; (i) Prospective Purchaser: Government (iii) Description and Quantity or L–3 CSW Multiband Receiver/ of France Quantities of Articles or Services under Transmitters; AN/ARN–153 Navigation Systems; AN/ARN–147 Receivers; AN/ (ii) Total Estimated Value: consideration for Purchase: Support for C–130 aircraft. APN–241 Radar Receiver Transmitter Processor; ARC–190 High Frequency Major Defense Equipment (MDE): Receivers; AAR–60 Missile Launch Four (4) AE–2100D Turbo Prop Engines Warning Systems; MTS–A Forward

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Looking Infrared (FLIR) system; AN/ absorbing these articles and/or services featuring ’inherently’ high-spacial APX–119 Identification Friend or Foe into its armed forces. resolution, ’advanced’ temporal Systems; Joint Mission Planning System The proposed sale of this equipment processing, a ’very high’ declaration (JMPS); encryption devices; spare and and support will not alter the basic rate, the ’virtual elimination’ of false repair parts; software delivery and military balance in the region. alarm rates, ’fast’ threat detection and support; publications and technical The principal contractor will be the automatic initiation of appropriate documentation; U.S. Government and Lockheed Martin Corporation, Marietta, countermeasures. Physically, a typical GA; Rolls Royce Cooperation, contractor engineering; technical and application comprises four to six self- Indianapolis, IN; General Electric logistics support services; and other contained detector units each of which Aviation System, LTD/Dowty, Sterling, related elements of logistical and provides ’full’ signal processing. program support. VA; Raytheon, Cedar Rapids, IA; and (iv) Military Department: Air Force ViaSat, Carlsbad, CA. There are no 4. The AN/AAS–54 MTS–A Forward (FR–D–QAM) known offset agreements proposed in Looking Infrared (FLIR) System (v) Prior Related Cases, if any: GY–D– connection with this potential sale. integrates electro-optical, infrared, laser SUA and FR–D–SAE Implementation of this proposed sale designation, and laser illumination (vi) Sales Commission, Fee, etc., Paid, will require the assignment of (1) U.S. capabilities to provide superior Offered, or Agreed to be Paid: None contractor representative to France for a detection, ranging, and tracking. The (vii) Sensitivity of Technology duration of three years to provide system provides high rate of Contained in the Defense Article or technical assistance and support to stabilization across six axis and flexible Defense Services Proposed to be Sold: include field services, engineering tech operating modes including integrated support and integrated logistics support See Attached Annex line-of-sight targeting and target (viii) Date Report Delivered to management. There will be no adverse impact on tracking, using centroid, area and Congress: September 2, 2020 feature tracks. The system contains an *As defined in Section 47(6) of the U.S. defense readiness as a result of this proposed sale. Inertial Measurement Unit on the Arms Export Control Act. gimbal to enable accurate target Transmittal No. 20–56 POLICY JUSTIFICATION geolocation. The MTS–A is capable of Notice of Proposed Issuance of Letter of integration onto fixed-wing, rotary- France—C–130 Aircraft Support Offer Pursuant to Section 36(b)(1) of the wing, and unmanned air vehicle The Government of France has Arms Export Control Act platforms. requested to buy four (4) AE–2100D Annex 5. Joint Mission Planning System Turbo Prop engines and two (2) (JMPS) is a multi-platform PC based Multifunctional, Information Item No. vii mission planning system. Distribution System-Low Volume (vii) Sensitivity of Technology: Terminal Block Upgrade Two (MIDS– 1. The Rolls Royce AE 2100D3 6. The highest level of classification of LVT BU2). Also included are AN/ARC– Turboprop Engine is the primary defense articles, components, and 210 radios; AN/ARC–164 radios; L–3 powerplant on the C–130J Hercules services included in this potential sale CSW Multiband Receiver/Transmitters; military airlift aircraft. is SECRET. AN/ARN–153 Navigation Systems; AN/ 2. The Multifunctional Information 7. If a technologically advanced ARN–147 Receivers; AN/APN–241 Distribution System-Low Volume adversary were to obtain knowledge of Radar Receiver Transmitter Processor; Terminal (MIDS–LVT) is an advanced the specific hardware and software ARC–190 High Frequency Receivers; Link-16 command, control, elements, the information could be used AAR–60 Missile Launch Warning communications, and intelligence (C3I) to develop countermeasures that might Systems; MTS–A Forward Looking system incorporating high-capacity, reduce weapon system effectiveness or Infrared (FLIR) system; AN/APX–119 jam-resistant, digital communication be used in the development of a system Identification Friend or Foe Systems; links for exchange of near real-time with similar or advanced capabilities. Joint Mission Planning System (JMPS); tactical information, including both data encryption devices; spare and repair and voice, among air, ground, and sea 8. A determination has been made parts; software delivery and support; elements. MIDS–LVT is intended to that France can provide substantially publications and technical support key theater functions such as the same degree of protection for the documentation; U.S. Government and surveillance, identification, air control, sensitive technology being released as contractor engineering; technical and weapons engagement coordination, and the U.S. Government. This sale is logistics support services; and other direction for all services and allied necessary in furtherance of the U.S. related elements of logistical and forces. The system provides jamming- foreign policy and national security program support. The estimated total resistant, wide-area communications on objectives outlined in the Policy cost is $350 million. a Link-16 network among MIDS and Justification. This proposed sale will support the Joint Tactical Information Distribution 9. All defense articles and services foreign policy and national security of System (JTIDS) equipped platforms. the United States by helping to improve 3. AN/AAR–60 Missile Launch listed in this transmittal have been security of a NATO ally which is an Detection System (MILDS) is a passive, authorized for release and export to the important force for political stability true imaging sensor device that is France. and economic progress in Europe. optimized to detect the radiation [FR Doc. 2020–25848 Filed 11–20–20; 8:45 am] The proposed sale will improve signature of a threat missile’s exhaust BILLING CODE 5001–06–P France’s capability to meet current and plume within the Ultra Violet (UV) solar future threats by providing the blind spectral band. Functionally, the necessary sustainment, services, and architecture detects incoming missile spare parts to support the co-managed threats and indicates their direction of fleet of French and German C–130 arrival with the ’maximum’ of warning aircraft. France will have no difficulty time. The system is further noted as

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DEPARTMENT OF EDUCATION requirements and provide the requested ESI. FSA is increasing school reporting data in the desired format. ED is due to the new Federal Work-Study [Docket No.: ED–2020–SCC–0177] soliciting comments on the proposed Experiment and the expansion of Agency Information Collection information collection request (ICR) that Second Chance Pell schools. Finally, Activities; Comment Request; is described below. The Department of several of the survey items schools Experimental Sites Initiative Reporting Education is especially interested in participating in the Second Chance Pell Tool 2020 public comment addressing the are asked to complete have been following issues: (1) Is this collection reworded. AGENCY: Federal Student Aid (FSA), necessary to the proper functions of the Dated: November 18, 2020. Department of Education (ED). Department; (2) will this information be Kate Mullan, ACTION: Notice. processed and used in a timely manner; (3) is the estimate of burden accurate; PRA Coordinator, Strategic Collections and SUMMARY: In accordance with the Clearance Governance and Strategy Division, (4) how might the Department enhance Office of Chief Data Officer, Office of Paperwork Reduction Act of 1995, ED is the quality, utility, and clarity of the proposing revision of a currently Planning, Evaluation and Policy information to be collected; and (5) how Development. approved collection. might the Department minimize the [FR Doc. 2020–25797 Filed 11–20–20; 8:45 am] DATES: Interested persons are invited to burden of this collection on the BILLING CODE 4000–01–P submit comments on or before January respondents, including through the use 22, 2021. of information technology. Please note ADDRESSES: To access and review all the that written comments received in DEPARTMENT OF EDUCATION documents related to the information response to this notice will be collection listed in this notice, please considered public records. Applications for New Awards; College use http://www.regulations.gov by Title of Collection: Experimental Sites Assistance Migrant Program searching the Docket ID number ED– Initiative Reporting Tool 2020. AGENCY: Office of Elementary and 2020–SCC–0177. Comments submitted OMB Control Number: 1845–0150. Secondary Education, Department of in response to this notice should be Type of Review: Revision of a Education. submitted electronically through the currently approved collection. Federal eRulemaking Portal at http:// Respondents/Affected Public: Private ACTION: Notice. Sector; State, Local, and Tribal www.regulations.gov by selecting the SUMMARY: The Department of Education Docket ID number or via postal mail, Governments. Total Estimated Number of Annual (Department) is issuing a notice inviting commercial delivery, or hand delivery. Responses: 407. applications for fiscal year (FY) 2021 for If the regulations.gov site is not Total Estimated Number of Annual the College Assistance Migrant Program available to the public for any reason, Burden Hours: 7,733. (CAMP), Assistance Listing Number ED will temporarily accept comments at Abstract: The Secretary of the U.S. 84.149A. This notice relates to the [email protected]. Please include the Department of Education is authorized approved information collection under docket ID number and the title of the under Section 487A(b) of the Higher OMB control number 1894–0006. information collection request when Education Act of 1965, as amended DATES: requesting documents or submitting (HEA), to periodically select a limited Applications Available: November 27, comments. Please note that comments number of postsecondary institutions 2020. submitted by fax or email and those for voluntary participation as Deadline for Transmittal of submitted after the comment period will experimental sites under the Applications: January 22, 2021. not be accepted. Written requests for Experimental Sites Initiative (ESI). Deadline for Intergovernmental information or comments submitted by Institutions and the experiments Review: March 23, 2021. postal mail or delivery should be provide recommendations to the Pre-Application Webinar Information: addressed to the PRA Coordinator of the Secretary on the impact and The Department will hold pre- Strategic Collections and Clearance effectiveness of proposed regulations or application workshops via webinar for Governance and Strategy Division, U.S. new management initiatives. prospective applicants on Monday, Department of Education, 400 Maryland Participating postsecondary educational November 30, 1:30 p.m. Eastern Time. Ave. SW, LBJ, Room 6W208D, institutions are exempt from specific We will repeat the webinar on Tuesday, Washington, DC 20202–8240. designated statutory and regulatory December 1, 1:30 p.m. Eastern Time. FOR FURTHER INFORMATION CONTACT: For requirements while conducting the ADDRESSES: For the addresses for specific questions related to collection experiments. obtaining and submitting an activities, please contact Beth Federal Student Aid (FSA) is application, please refer to our Common Grebeldinger, 202–377–4018. requesting a revision of the current Instructions for Applicants to SUPPLEMENTARY INFORMATION: The information collection 1845–0150. This Department of Education Discretionary Department of Education (ED), in request is due to changes in the Grant Programs, published in the accordance with the Paperwork reporting guidelines. FSA is adding new Federal Register on February 13, 2019 Reduction Act of 1995 (PRA) (44 U.S.C. COVID–19 related questions to the (84 FR 3768) and available at 3506(c)(2)(A)), provides the general Institutional Survey of the schools www.govinfo.gov/content/pkg/FR-2019- public and Federal agencies with an participating in the Experimental Sites 02-13/pdf/2019-02206.pdf. opportunity to comment on proposed, Initiative. FSA is adding new questions FOR FURTHER INFORMATION CONTACT: revised, and continuing collections of to the Institutional Survey of the schools Steven Carr, U.S. Department of information. This helps the Department participating in the new Federal Work- Education, 400 Maryland Avenue SW, assess the impact of its information Study Experiment. The additional data Room 3E321, Washington, DC 20202. collection requirements and minimize collection questions are for the new Telephone: (202) 260–2067. Email: the public’s reporting burden. It also Federal Work-Study Experiment, and [email protected]. helps the public understand the FSA has integrated this request with If you use a telecommunications Department’s information collection ongoing data collection efforts for the device for the deaf (TDD) or a text

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telephone (TTY), call the Federal Relay Nation to support the goals of this plan These priorities are: Service (FRS), toll free, at 1–800–877– through their own actions. Invitational Priority 1—New Potential 8339. These priorities are: Grantees. Competitive Preference Priority 1— SUPPLEMENTARY INFORMATION: Projects proposed by ‘‘new potential Promoting Science, Technology, grantees.’’ For the purposes of this Full Text of Announcement Engineering, or Math (STEM) Education, priority, a new potential grantee is any I. Funding Opportunity Description With a Particular Focus on Computer applicant that has never received a grant Science. (Up to 5 points) or subgrant under CAMP. Purpose of Program: The CAMP is Projects designed to improve student Note: Prospective applicants, designed to assist migratory or seasonal achievement or other educational including new potential grantees, for the farmworkers (or immediate family outcomes in one or more of the Department’s discretionary grant members of such workers) who are following areas: Science, technology, programs that have never received a enrolled or are admitted for enrollment engineering, math, or computer science grant from the Department and those on a full-time basis at an institution of (as defined in this notice). These that are interested in learning more higher education (IHE) to complete their projects must address the following about the process may refer to the first academic year. priority area: Creating or expanding following resources: Priorities: This competition includes partnerships between schools, local https://www2.ed.gov/documents/ two competitive preference priorities educational agencies, State educational funding-101/funding-101-basics.pdf and two invitational priorities. agencies, businesses, not-for-profit https://www2.ed.gov/documents/ Competitive Preference Priority 1 is organizations, or IHEs to give students funding-101/funding-101.pdf from the Secretary’s Final Supplemental access to internships, apprenticeships, Priorities and Definitions for or other work-based learning Invitational Priority 2—Support for Discretionary Grant Programs experiences in STEM fields, including Remote Learning. (Supplemental Priorities) published in computer science (as defined in this Projects designed to adopt and the Federal Register on March 2, 2018 notice). support models that leverage technology (83 FR 9096). In accordance with 34 Note: Applicants that address (e.g., universal design for learning, CFR 75.105(b)(2)(iv), Competitive Competitive Preference Priority 1 must competency-based education, or hybrid/ Preference Priority 2 is from section do so under selection criterion (b) blended learning) and provide high- 418A(e) of the Higher Education Act of ‘‘Quality of the project design.’’ quality digital learning content, 1965, as amended (HEA) (20 U.S.C. Competitive Preference Priority 2— application, and tools. Remote learning 1070d–2(e)). Consideration of Prior Experience. (Up means programming where at least part Competitive Preference Priorities: For to 15 points) of the learning occurs away from the FY 2021 and any subsequent year in Projects that are expiring (current physical building in a manner that which we make awards from the list of CAMP grantees in their final budget addresses a learner’s educational needs. unfunded applications from this period) will be considered for additional Remote learning may include online, competition, these priorities are points under Competitive Preference hybrid/blended learning, or non- competitive preference priorities. Under Priority 2. In accordance with section technology-based learning (e.g., lab kits, 34 CFR 75.105(c)(2)(i) we award up to 418A(e) of the HEA, the Department project supplies, paper packets). an additional 5 points to an application will award up to 15 points for this Competency-based education (also for Competitive Preference Priority 1 priority. In accordance with 34 CFR called proficiency-based or master- and up to an additional 15 points to an 206.31, the Secretary will consider the based learning) means learning based on application for Competitive Preference applicant’s prior experience in knowledge and skills that are Priority 2, depending on how well the implementing its expiring CAMP transparent and measurable. Progression application meets these priorities. project, based on information that is based on demonstrated mastery of Competitive Preference Priority 1 is includes the number of CAMP what students are expected to know aligned with the aims of the Federal participants served; the percentage of (knowledge) and be able to do (skills), Government’s five-year strategic plan for CAMP participants completing the first rather than seat time or age. STEM education entitled Charting A academic year of their postsecondary Definitions: The definitions of Course for Success: America’s Strategy program; the percentage of CAMP ‘‘migrant farmworker’’ and ‘‘seasonal for STEM Education (Plan) 1 published participants who, after completing the farmworker’’ are from 34 CFR 206.5. in December 2018. The Plan is first academic year of college, continue The definitions of ‘‘demonstrates a responsive to the requirements of their postsecondary education; and the rationale,’’ ‘‘experimental study,’’ ‘‘logic Section 101 of the America COMPETES extent to which the applicant met model,’’ ‘‘project component,’’ Reauthorization Act of 2010 and administrative requirements. ‘‘promising evidence,’’ ‘‘quasi- strengthens the Federal commitment to Note: Competitive Preference Priority experimental design study,’’ and ‘‘What equity and diversity, to evidence-based 2 applies to expiring projects (current Works Clearinghouse Handbooks (WWC practices, and to engagement with the CAMP grantees in their final budget Handbooks)’’ are from 34 CFR 77.1. The national STEM community through a period) that received their current definition of ‘‘computer science’’ is from nationwide collaboration with learners, CAMP award in FY 2016. the Supplemental Priorities. families, educators, community leaders, Invitational Priorities: For FY 2021 Computer science means the study of and employers. The Federal and any subsequent year in which we computers and algorithmic processes Government encourages STEM make awards from the list of unfunded and includes the study of computing education stakeholders from across the applications from this competition, principles and theories, computational these priorities are invitational thinking, computer hardware, software 1 The White House, National Science and priorities. Under 34 CFR 75.105(c)(1) we design, coding, analytics, and computer Technology Council, ‘‘Charting A Course For do not give an application that meets applications. Success: America’s Strategy For Stem Education,’’ Computer science often includes www.whitehouse.gov/wp-content/uploads/2018/12/ these invitational priorities a STEM-Education-Strategic-Plan-2018.pdf competitive or absolute preference over computer programming or coding as a (December 2018). other applications. tool to create software, including

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applications, games, websites, and tools Logic model (also referred to as a reservations, as described in the WWC to manage or manipulate data; or theory of action) means a framework Handbooks. development and management of that identifies key project components Seasonal farmworker means a person computer hardware and the other of the proposed project (i.e., the active whose primary employment was in electronics related to sharing, securing, ‘‘ingredients’’ that are hypothesized to farmwork on a temporary or seasonal and using digital information. be critical to achieving the relevant basis (that is, not a constant year-round In addition to coding, the expanding outcomes) and describes the theoretical activity) for a period of at least 75 days field of computer science emphasizes and operational relationships among the within the past 24 months. computational thinking and key project components and relevant What Works Clearinghouse interdisciplinary problem-solving to outcomes. Handbooks (WWC Handbooks) means equip students with the skills and Migrant farmworker means a seasonal the standards and procedures set forth abilities necessary to apply computation farmworker—as defined in this notice— in the WWC Standards Handbook, in our digital world. whose employment required travel that Versions 4.0 or 4.1, and WWC Computer science does not include precluded the farmworker from Procedures Handbook, Versions 4.0 or using a computer for everyday activities, returning to his or her domicile 4.1, or in the WWC Procedures and such as browsing the internet; use of (permanent place of residence) within Standards Handbook, Version 3.0 or tools like word processing, the same day. Version 2.1 (all incorporated by spreadsheets, or presentation software; Project component means an activity, reference, see § 77.2). Study findings or using computers in the study and strategy, intervention, process, product, eligible for review under WWC exploration of unrelated subjects. practice, or policy included in a project. standards can meet WWC standards Demonstrates a rationale means a key Evidence may pertain to an individual without reservations, meet WWC project component included in the project component or to a combination standards with reservations, or not meet project’s logic model is informed by of project components (e.g., training WWC standards. WWC practice guides research or evaluation findings that teachers on instructional practices for and intervention reports include suggest the project component is likely English learners and follow-on coaching findings from systematic reviews of to improve relevant outcomes. for these teachers). evidence as described in the WWC Experimental study means a study Promising evidence means that there Handbooks documentation. that is designed to compare outcomes is evidence of the effectiveness of a key Program Authority: 20 U.S.C. 1070d– between two groups of individuals project component in improving a 2. Applicable Regulations: (a) The (such as students) that are otherwise relevant outcome, based on a relevant Education Department General equivalent except for their assignment finding from one of the following: Administrative Regulations in 34 CFR to either a treatment group receiving a (i) A practice guide prepared by WWC parts 75, 77, 79, 81, 82, 84, 86, 97, 98, project component or a control group reporting a ‘‘strong evidence base’’ or and 99. (b) The Office of Management that does not. Randomized controlled ‘‘moderate evidence base’’ for the and Budget (OMB) Guidelines to trials, regression discontinuity design corresponding practice guide Agencies on Governmentwide studies, and single-case design studies recommendation; Debarment and Suspension are the specific types of experimental (ii) An intervention report prepared (Nonprocurement) in 2 CFR part 180, as studies that, depending on their design by the WWC reporting a ‘‘positive adopted and amended as regulations of and implementation (e.g., sample effect’’ or ‘‘potentially positive effect’’ the Department in 2 CFR part 3485. (c) attrition in randomized controlled trials on a relevant outcome with no reporting The Uniform Administrative and regression discontinuity design of a ‘‘negative effect’’ or ‘‘potentially Requirements, Cost Principles, and studies), can meet What Works negative effect’’ on a relevant outcome; Audit Requirements for Federal Awards Clearinghouse (WWC) standards or in 2 CFR part 200, as adopted and without reservations as described in the (iii) A single study assessed by the amended as regulations of the WWC Handbooks: Department, as appropriate, that— Department in 2 CFR part 3474. (d) The (i) A randomized controlled trial (A) Is an experimental study, a quasi- regulations for this program in 34 CFR employs random assignment of, for experimental design study, or a well- part 206. (e) The Migrant Education example, students, teachers, classrooms, designed and well-implemented Program (MEP) definitions in 34 CFR or schools to receive the project correlational study with statistical 200.81. (f) The National Farmworker component being evaluated (the controls for selection bias (e.g., a study Jobs Program (NFJP) definitions in 20 treatment group) or not to receive the using regression methods to account for CFR 685.110 and eligibility regulations project component (the control group). differences between a treatment group in 20 CFR 685.320. (g) The and a comparison group); and (ii) A regression discontinuity design Supplemental Priorities. study assigns the project component (B) Includes at least one statistically Note: The regulations in 34 CFR part being evaluated using a measured significant and positive (i.e., favorable) 86 apply to IHEs only. variable (e.g., assigning students reading effect on a relevant outcome. Note: The MEP definitions and NFJP below a cutoff score to tutoring or Quasi-experimental design study definitions and eligibility regulations developmental education classes) and means a study using a design that apply to individuals seeking to qualify controls for that variable in the analysis attempts to approximate an for CAMP based on past participation in of outcomes. experimental study by identifying a the MEP or NFJP. (iii) A single-case design study uses comparison group that is similar to the observations of a single case (e.g., a treatment group in important respects. II. Award Information student eligible for a behavioral This type of study, depending on design Type of Award: Discretionary grants. intervention) over time in the absence and implementation (e.g., establishment Estimated Available Funds: The and presence of a controlled treatment of baseline equivalence of the groups Administration’s budget request for FY manipulation to determine whether the being compared), can meet WWC 2021 does not include funds for this outcome is systematically related to the standards with reservations, but cannot program. However, we are inviting treatment. meet WWC standards without applications to allow enough time to

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complete the grant process before the Note: IHE has the meaning given it in nonprofit organizations. The grantee end of the current fiscal year, if section 101 and 102 of the HEA. may award subgrants to entities it has Congress appropriates funds for this Note: The definitions for ‘‘private’’ identified in an approved application or program. and ‘‘nonprofit’’ are in 34 CFR 77.1. that it selects through a competition Contingent upon the availability of Note: If you are a nonprofit under procedures established by the funds and the quality of applications, organization, under 34 CFR 75.51, you grantee. we may make additional awards in may demonstrate your nonprofit status 4. Other: Projects funded under this subsequent years from the list of by providing: (1) Proof that the Internal competition must budget for a three-day unfunded applications from this Revenue Service currently recognizes Office of Migrant Education annual competition. the applicant as an organization to meeting for CAMP Directors in the Estimated Range of Awards: which contributions are tax deductible Washington, DC area during each year $180,000–$475,000. under section 501(c)(3) of the Internal of the project period. Such expenses are Estimated Average Size of Awards: Revenue Code; (2) a statement from a allowable uses of grant funds and may $474,000. State taxing body or the State attorney be included in the proposed project Maximum Award: The Department general certifying that the organization budget. This meeting may be held will not make an award exceeding is a nonprofit organization operating virtually if conditions warrant such $475,000 for a single budget period of within the State and that no part of its format. net earnings may lawfully benefit any 12 months. Under 34 CFR 75.104(b) the IV. Application and Submission Secretary may reject without private shareholder or individual; (3) a certified copy of the applicant’s Information consideration or evaluation any certificate of incorporation or similar application that proposes a project 1. Application Submission document if it clearly establishes the funding level that exceeds the stated Instructions: Applicants are required to nonprofit status of the applicant; or (4) maximum award amount. follow the Common Instructions for any item described above if that item Minimum Award: The Department Applicants to Department of Education applies to a State or national parent will not make an award for less than the Discretionary Grant Programs, organization, together with a statement amount of $180,000 for a single budget published in the Federal Register on by the State or parent organization that February 13, 2019 (84 FR 3768) and period of 12 months. Under section the applicant is a local nonprofit 418A of the HEA, the Secretary is available at www.govinfo.gov/content/ affiliate. pkg/FR-2019-02-13/pdf/2019-02206.pdf, prohibited from making an award for 2.a. Cost Sharing or Matching: This which contain requirements and less than the stated award amount. competition does not require cost information on how to submit an Therefore, we will reject any application sharing or matching. However, application. that proposes a CAMP award that is less consistent with 34 CFR 75.700, which than the stated minimum award requires an applicant to comply with its 2. Submission of Proprietary amount. approved application, an applicant that Information: Given the types of projects Note: This approach is intended to proposes non-Federal matching funds that may be proposed in applications for promote fairness and transparency in and is awarded a grant must provide CAMP, your application may include the competitive process. those funds for each year that the funds business information that you consider Estimated Number of Awards: 14. are proposed. proprietary. In 34 CFR 5.11 we define Note: The Department is not bound by b. Indirect Cost Rate Information: This ‘‘business information’’ and describe the any estimates in this notice. program uses a training indirect cost process we use in determining whether Project Period: Up to 60 months (five rate. This limits indirect cost any of that information is proprietary 12-month budget periods). Under reimbursement to an entity’s actual and, thus, protected from disclosure section 418(e) of the HEA, except under indirect costs, as determined in its under Exemption 4 of the Freedom of extraordinary circumstances, the negotiated indirect cost rate agreement, Information Act (5 U.S.C. 552, as Secretary must award grants for a five- or eight percent of a modified total amended). year period. Under 34 CFR 75.117(b), direct cost base, whichever amount is Because we plan to make successful applicants must submit a budget less. For more information regarding applications available to the public, you narrative accompanied by a budget form training indirect cost rates, see 34 CFR may wish to request confidentiality of prescribed by the Secretary that 75.562. For more information regarding business information. provides budget information for each indirect costs, or to obtain a negotiated Consistent with Executive Order budget period of the proposed project indirect cost rate, please see 12600, please designate in your period. Therefore, we may reject any www2.ed.gov/about/offices/list/ocfo/ application any information that you application that does not propose a five- intro.html. believe is exempt from disclosure under year project period as reflected on the c. Administrative Cost Limitation: Exemption 4. In the appropriate applicant’s ED 524 form, Section A and This program does not include any Appendix section of your application, budget narrative form, submitted as a program-specific limitation on under ‘‘Other Attachments Form,’’ part of the application. administrative expenses. All please list the page number or numbers administrative expenses must be on which we can find this information. III. Eligibility Information reasonable and necessary and conform For additional information please see 34 1. Eligible Applicants: An IHE or a to Cost Principles described in 2 CFR CFR 5.11(c). private nonprofit organization may part 200 subpart E of the Uniform 3. Intergovernmental Review: This apply for a grant to operate a CAMP Guidance. competition is subject to Executive project. If a private nonprofit 3. Subgrantees: Under 34 CFR Order 12372 and the regulations in 34 organization other than an IHE applies 75.708(b) and (c) a grantee under this CFR part 79. Information about for a CAMP grant, that agency must plan competition may award subgrants—to Intergovernmental Review of Federal the project in cooperation with an IHE directly carry out project activities Programs under Executive Order 12372 and must propose to operate the project described in its application—to the is in the application package for this with the facilities of that IHE. following types of entities: IHEs and competition.

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4. Funding Restrictions: We reference and will successfully address, the needs Secretary considers the following regulations outlining funding of the target population or other factors: restrictions in the Applicable identified needs. (Up to 5 points) (i) The adequacy of support, including Regulations section of this notice. (iii) The extent to which the proposed facilities, equipment, supplies, and 5. Recommended Page Limit: The project will establish linkages with other resources, from the applicant application narrative is where you, the other appropriate agencies and organization or the lead applicant applicant, address the selection criteria organizations providing services to the organization. (Up to 4 points) that reviewers use to evaluate your target population. (Up to 5 points) (ii) The relevance and demonstrated application. We recommend that you (1) (iv) The extent to which the proposed commitment of each partner in the limit the application narrative to no project demonstrates a rationale (as proposed project to the implementation more than 25 pages and (2) use the defined in this notice). (Up to 7 points) and success of the project. (Up to 4 following standards: (c) Quality of project services (Up to points) • A ‘‘page’’ is 8.5″ × 11″, on one side 24 points). (iii) The extent to which the costs are only, with 1″ margins at the top, bottom, (1) The Secretary considers the reasonable in relation to the objectives, and both sides. quality of the services to be provided by design, and potential significance of the • Double space (no more than three the proposed project. proposed project. (Up to 4 points) lines per vertical inch) all text in the (2) In determining the quality of the (f) Quality of the project evaluation. application narrative, including titles, services to be provided by the proposed (Up to 20 points) headings, footnotes, quotations, project, the Secretary considers the (1) The Secretary considers the references, and captions, as well as all quality and sufficiency of strategies for quality of the evaluation to be text in charts, tables, figures, and ensuring equal access and treatment for conducted of the proposed project. graphs. eligible project participants who are (2) In determining the quality of the • Use a font that is either 12 point or members of groups that have evaluation, the Secretary considers the larger or no smaller than 10 pitch traditionally been underrepresented following factors: (characters per inch). based on race, color, national origin, (i) The extent to which the methods • Use one of the following fonts: gender, age, or disability. (Up to 3 of evaluation are thorough, feasible, and Times New Roman, Courier, Courier points) appropriate to the goals, objectives, and New, or Arial. (3) In addition, the Secretary outcomes of the proposed project. (Up The recommended page limit does not considers the following factors: to 10 points) (i) The extent to which the services to apply to the cover sheet; the budget (ii) The extent to which the methods be provided by the proposed project are section, including the narrative budget of evaluation will provide performance appropriate to the needs of the intended justification; the assurances and feedback and permit periodic recipients or beneficiaries of those certifications; or the one-page abstract, assessment of progress toward achieving services. (Up to 7 points) intended outcomes. (Up to 5 points) the resumes, the bibliography, or the (ii) The extent to which the services letters of support. However, the (iii) The extent to which the methods to be provided by the proposed project of evaluation will, if well implemented, recommended page limit does apply to involve the collaboration of appropriate all of the application narrative. An produce promising evidence (as defined partners for maximizing the in this notice) about the project’s application will not be disqualified if it effectiveness of project services. (Up to exceeds the recommended page limit. effectiveness. (Up to 5 points) 7 points) 2. Review and Selection Process: We V. Application Review Information (iii) The likely impact of the services remind potential applicants that in to be provided by the proposed project reviewing applications in any 1. Selection Criteria: The selection on the intended recipients of those criteria for this competition are from 34 discretionary grant competition, the services. (Up to 7 points) Secretary may consider, under 34 CFR CFR 75.210 and are as follows: (d) Quality of project personnel. (Up 75.217(d)(3)(ii), the past performance of (a) Need for project (Up to 10 points). to 10 points) the applicant in carrying out a previous (1) The Secretary considers the need (1) The Secretary considers the for the proposed project. quality of the personnel who will carry award, such as the applicant’s use of (2) In determining the need for the out the proposed project. funds, achievement of project proposed project, the Secretary (2) In determining the quality of objectives, and compliance with grant considers the magnitude of the need for project personnel, the Secretary conditions. The Secretary may also the services to be provided or the considers the extent to which the consider whether the applicant failed to activities to be carried out by the applicant encourages applications for submit a timely performance report or proposed project. (Up to 10 points) employment from persons who are submitted a report of unacceptable (b) Quality of the project design (Up members of groups that have quality. to 24 points). traditionally been underrepresented In addition, in making a competitive (1) The Secretary considers the based on race, color, national origin, grant award, the Secretary requires quality of the design of the proposed gender, age, or disability. (Up to 3 various assurances, including those project. points) applicable to Federal civil rights laws (2) In determining the quality of the (3) In addition, the Secretary that prohibit discrimination in programs design of the proposed project, the considers the qualifications, including or activities receiving Federal financial Secretary considers the following relevant training and experience, of key assistance from the Department (34 CFR factors: project personnel. (Up to 7 points) 100.4, 104.5, 106.4, 108.8, and 110.23). (i) The extent to which the goals, (e) Adequacy of resources. (Up to 12 Additional factors we consider in objectives, and outcomes to be achieved points) selecting an application for an award are by the proposed project are clearly (1) The Secretary considers the in section 418A of the HEA. In specified and measurable. (Up to 7 adequacy of resources for the proposed accordance with section 418A, the points) project. Secretary makes CAMP awards based on (ii) The extent to which the design of (2) In determining the adequacy of the number, quality, and promise of the the proposed project is appropriate to, resources for the proposed project, the applications. Additionally, in

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accordance with section 418A, if the accessible through the System for requirements please refer to 2 CFR final FY 2021 CAMP and High School Award Management. You may review 3474.20. Equivalency Program appropriations and comment on any information about 4. Reporting: (a) If you apply for a exceed $40,000,000, the Secretary will yourself that a Federal agency grant under this competition, you must consider the need to provide an previously entered and that is currently ensure that you have in place the equitable geographic distribution of in FAPIIS. necessary processes and systems to CAMP awards. The Secretary may Please note that, if the total value of comply with the reporting requirements consider the need to provide equitable your currently active grants, cooperative in 2 CFR part 170 should you receive geographic distribution of CAMP agreements, and procurement contracts funding under the competition. This awards when— from the Federal Government exceeds does not apply if you have an exception 1. Two or more applicants receive the $10,000,000, the reporting requirements under 2 CFR 170.110(b). same score at the funding cutoff for this in 2 CFR part 200, Appendix XII, (b) At the end of your project period, competition; require you to report certain integrity you must submit a final performance 2. The Secretary determines that a information to FAPIIS semiannually. report, including financial information, geographic region is overserved by Please review the requirements in 2 CFR as directed by the Secretary. If you current CAMP projects; part 200, Appendix XII, if this grant receive a multiyear award, you must 3. The Secretary determines that a plus all the other Federal funds you submit an annual performance report geographic region is underserved by receive exceed $10,000,000. that provides the most current current CAMP projects; or performance and financial expenditure 4. Two or more applicants propose to VI. Award Administration Information information as directed by the Secretary operate similar CAMP projects in the 1. Award Notices: If your application under 34 CFR 75.118. The Secretary same geographical region. may also require more frequent When evaluating a potentially is successful, we notify your U.S. Representative and U.S. Senators and performance reports under 34 CFR overserved or underserved geographic 75.720(c). For specific requirements on region, the Secretary may consider send you a Grant Award Notification (GAN); or we may send you an email reporting, please go to www.ed.gov/ factors such as migrant or seasonal fund/grant/apply/appforms/ farmworker population data for a State containing a link to access an electronic version of your GAN. We may notify appforms.html. or region, approximate distance between 5. Performance Measures: For the you informally, also. current and proposed projects, the type purposes of the Government of entity of the current or proposed If your application is not evaluated or Performance and Results Act of 1993 project (e.g., private nonprofit not selected for funding, we notify you. (GPRA) and reporting under 34 CFR organization, 2-year IHE, 4-year IHE), 2. Administrative and National Policy 75.110, the Department developed the and the number of students proposed to Requirements: We identify following performance measures to be served by the current or proposed administrative and national policy evaluate the overall effectiveness of CAMP project. requirements in the application package CAMP: (1) The percentage of CAMP 3. Risk Assessment and Specific and reference these and other participants completing the first Conditions: Consistent with 2 CFR requirements in the Applicable academic year of their postsecondary 200.205, before awarding grants under Regulations section of this notice. program, and (2) the percentage of this competition the Department We reference the regulations outlining CAMP participants who, after conducts a review of the risks posed by the terms and conditions of an award in completing the first academic year of applicants. Under 2 CFR 3474.10, the the Applicable Regulations section of college, continue their postsecondary Secretary may impose specific this notice and include these and other education. conditions and, in appropriate specific conditions in the GAN. The Applicants must propose annual circumstances, high-risk conditions on a GAN also incorporates your approved targets for these measures and establish grant if the applicant or grantee is not application as part of your binding annual student enrollment targets in financially stable; has a history of commitments under the grant. their applications. Applicants should unsatisfactory performance; has a 3. Open Licensing Requirements: identify these targets within their financial or other management system Unless an exception applies, if you are application abstracts. The national that does not meet the standards in 2 awarded a grant under this competition, target for GPRA measure 1 for FY 2021 CFR part 200, subpart D; has not you will be required to openly license is that 86 percent of CAMP participants fulfilled the conditions of a prior grant; to the public grant deliverables created will complete the first academic year of or is otherwise not responsible. in whole, or in part, with Department their postsecondary program. The 4. Integrity and Performance System: grant funds. When the deliverable national target for GPRA measure 2 for If you are selected under this consists of modifications to pre-existing FY 2021 is that 92 percent of CAMP competition to receive an award that works, the license extends only to those participants continue their over the course of the project period modifications that can be separately postsecondary education after may exceed the simplified acquisition identified and only to the extent that completing the first academic year of threshold (currently $250,000), under 2 open licensing is permitted under the college. The national targets for CFR 200.205(a)(2) we must make a terms of any licenses or other legal subsequent years may be adjusted based judgment about your integrity, business restrictions on the use of pre-existing on additional baseline data. Peer ethics, and record of performance under works. Additionally, a grantee or reviewers evaluate how well applicants Federal awards—that is, the risk posed subgrantee that is awarded competitive propose to meet their application’s goals by you as an applicant—before we make grant funds must have a plan to and objectives. Peer reviewers will score an award. In doing so, we must consider disseminate these public grant related selection criteria on the basis of any information about you that is in the deliverables. This dissemination plan how well an applicant addresses these integrity and performance system can be developed and submitted after GPRA measures in addition to any other (currently referred to as the Federal your application has been reviewed and goals and objectives included in the Awardee Performance and Integrity selected for funding. For additional application. Therefore, applicants will Information System (FAPIIS)), information on the open licensing want to consider how to demonstrate a

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sound capacity to provide reliable data your search to documents published by farmworkers (or immediate family on the GPRA measures, including the the Department. members of such workers) to obtain the project’s annual performance targets for equivalent of a secondary school Frank T. Brogan, addressing the GPRA performance diploma and subsequently to gain Assistant Secretary for Elementary and improved employment, enter into measures, as is required by the OMB- Secondary Education. approved annual performance report military service, or be placed in an that is included in the application [FR Doc. 2020–25891 Filed 11–20–20; 8:45 am] institution of higher education (IHE) or package. All grantees will be required to BILLING CODE 4000–01–P other postsecondary education or submit, as part of their annual training. performance report, information with DEPARTMENT OF EDUCATION Priorities: This competition includes respect to these GPRA performance two competitive preference priorities measures. Applications for New Awards; High and two invitational priorities. 6. Continuation Awards: In making a School Equivalency Program Competitive Preference Priority 1 is from the Secretary’s Final Supplemental continuation award under 34 CFR AGENCY: Office of Elementary and 75.253, the Secretary considers, among Priorities and Definitions for Secondary Education, Department of Discretionary Grant Programs other things: Whether a grantee has Education. (Supplemental Priorities) published in made substantial progress in achieving ACTION: Notice. the Federal Register on March 2, 2018 the goals and objectives of the project; (83 FR 9096). In accordance with 34 whether the grantee has expended funds SUMMARY: The Department of Education CFR 75.105(b)(2)(iv), Competitive in a manner that is consistent with its (Department) is issuing a notice inviting Preference Priority 2 is from section approved application and budget; and, applications for fiscal year (FY) 2021 for 418A(e) of the Higher Education Act of if the Secretary has established the High School Equivalency Program 1965, as amended (HEA) (20 U.S.C. performance measurement (HEP), Assistance Listing Number 1070d–2(e)). The purpose of HEP aligns requirements, the performance targets in 84.141A. This notice relates to the with priority 9(c) of the Supplemental the grantee’s approved application. approved information collection under Priorities, which promotes projects In making a continuation award, the OMB control number 1894–0006. aimed at creating or supporting Secretary also considers whether the DATES: alternative paths to a regular high grantee is operating in compliance with Applications Available: November 27, school diploma (as defined in section the assurances in its approved 2020. 8101(43) of the Elementary and application, including those applicable Deadline for Transmittal of Secondary Education Act of 1965, as to Federal civil rights laws that prohibit Applications: January 22, 2021. amended) for students whose Deadline for Intergovernmental discrimination in programs or activities environments outside of school, Review: March 23, 2021. receiving Federal financial assistance Pre-Application Webinar Information: disengagement with a traditional from the Department (34 CFR 100.4, The Department will hold pre- curriculum, homelessness, or other 104.5, 106.4, 108.8, and 110.23). application workshops via webinar for challenges make it more difficult for them to complete an educational VII. Other Information prospective applicants on Monday, November 30, 1:30 p.m. Eastern Time. program. Accessible Format: On request to the We will repeat the webinar on Tuesday, Competitive Preference Priorities: For program contact person listed under FOR December 1, 1:30 p.m. Eastern Time. FY 2021 and any subsequent year in which we make awards from the list of FURTHER INFORMATION CONTACT, ADDRESSES: For the addresses for unfunded applications from this individuals with disabilities can obtain obtaining and submitting an competition, these priorities are this document and a copy of the application, please refer to our Common competitive preference priorities. Under application package in an accessible Instructions for Applicants to 34 CFR 75.105(c)(2)(i) we award up to format (e.g., braille, large print, Department of Education Discretionary an additional 5 points to an application audiotape, or compact disc), to the Grant Programs, published in the for Competitive Preference Priority 1 extent reasonably practicable. Federal Register on February 13, 2019 and up to an additional 15 points to an (84 FR 3768) and available at Electronic Access to This Document: application for Competitive Preference www.govinfo.gov/content/pkg/FR-2019- The official version of this document is Priority 2, depending on how well the 02-13/pdf/2019-02206.pdf. the document published in the Federal application meets these priorities. Register. You may access the official FOR FURTHER INFORMATION CONTACT: These priorities are: edition of the Federal Register and the Steven Carr, U.S. Department of Competitive Preference Priority 1— Code of Federal Regulations at Education, 400 Maryland Avenue SW, Fostering Flexible and Affordable Paths www.govinfo.gov. At this site you can Room 3E321, Washington, DC 20202. to Obtaining Knowledge and Skills. (Up view this document, as well as all other Telephone: (202) 260–2067. Email: to 5 points) [email protected]. documents of this Department Projects that are designed to address If you use a telecommunications published in the Federal Register, in improving collaboration between device for the deaf (TDD) or a text text or Portable Document Format education providers and employers to telephone (TTY), call the Federal Relay (PDF). To use PDF you must have ensure student learning objectives are Service (FRS), toll free, at 1–800–877– Adobe Acrobat Reader, which is aligned with the skills or knowledge 8339. available free at the site. required for employment in in-demand You may also access documents of the SUPPLEMENTARY INFORMATION: industry sectors or occupations (as Department published in the Federal Full Text of Announcement defined in section 3(23) of the Register by using the article search Workforce Innovation and Opportunity feature at: www.federalregister.gov. I. Funding Opportunity Description Act of 2014). Specifically, through the advanced Purpose of Program: The HEP is Note: Applicants that address search feature at this site, you can limit designed to assist migratory or seasonal Competitive Preference Priority 1 must

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do so under selection criterion (b) blended learning) and provide high- variable (e.g., assigning students reading ‘‘Quality of the project design.’’ quality digital learning content, below a cutoff score to tutoring or Competitive Preference Priority 2— application, and tools. Remote learning developmental education classes) and Consideration of Prior Experience. (Up means programming where at least part controls for that variable in the analysis to 15 points) of the learning occurs away from the of outcomes. Projects that are expiring (current HEP physical building in a manner that (iii) A single-case design study uses grantees in their final budget period) addresses a learner’s educational needs. observations of a single case (e.g., a will be considered for additional points Remote learning may include online, student eligible for a behavioral under Competitive Preference Priority 2. hybrid/blended learning, or non- intervention) over time in the absence In accordance with section 418A(e) of technology-based learning (e.g., lab kits, and presence of a controlled treatment the HEA, the Department will award up project supplies, paper packets). manipulation to determine whether the to 15 points for this priority. In Competency-based education (also outcome is systematically related to the accordance with 34 CFR 206.31, the called proficiency-based or master- treatment. Secretary will consider the applicant’s based learning) means learning based on In-demand industry sector or prior experience in implementing its knowledge and skills that are occupation means (i) an industry sector expiring HEP project, based on transparent and measurable. Progression that has a substantial current or information that includes the number of is based on demonstrated mastery of potential impact (including through jobs HEP participants served; the percentage what students are expected to know that lead to economic self-sufficiency of HEP participants exiting the program (knowledge) and be able to do (skills), and opportunities for advancement) on having received a High School rather than seat time or age. the State, regional, or local economy, as Equivalency (HSE) diploma; the Definitions: The definitions of appropriate, and that contributes to the percentage of HSE diploma recipients ‘‘migrant farmworker’’ and ‘‘seasonal growth or stability of other supporting who enter postsecondary education or farmworker’’ are from 34 CFR 206.5. businesses, or the growth of other training programs, upgraded The definitions of ‘‘demonstrates a industry sectors; or (ii) an occupation employment, or the military; and the rationale,’’ ‘‘experimental study,’’ ‘‘logic that currently has or is projected to have extent to which the applicant met model,’’ ‘‘project component,’’ a number of positions (including administrative requirements. ‘‘promising evidence,’’ ‘‘quasi- positions that lead to economic self- Note: Competitive Preference Priority experimental design study,’’ and ‘‘What sufficiency and opportunities for 2 applies to expiring projects (current Works Clearinghouse Handbooks (WWC advancement) in an industry sector so HEP grantees in their final budget Handbooks)’’ are from 34 CFR 77.1. The as to have a significant impact on the period) that received their current HEP definition of ‘‘in-demand industry State, regional, or local economy, as award in FY 2016. sector or occupation’’ is from Section appropriate. Invitational Priorities: For FY 2021 3(23) of the Workforce Innovation and The determination of whether an and any subsequent year in which we Opportunity Act of 2014 (WIOA). industry sector or occupation is in- make awards from the list of unfunded Demonstrates a rationale means a key demand under this definition shall be applications from this competition, project component included in the made by the State board or local board, these priorities are invitational project’s logic model is informed by as appropriate, using State and regional priorities. Under 34 CFR 75.105(c)(1) we research or evaluation findings that business and labor market projections, do not give an application that meets suggest the project component is likely including the use of labor market to improve relevant outcomes. these invitational priorities a information. Experimental study means a study Logic model (also referred to as a competitive or absolute preference over that is designed to compare outcomes theory of action) means a framework other applications. between two groups of individuals that identifies key project components These priorities are: (such as students) that are otherwise Invitational Priority 1—New Potential of the proposed project (i.e., the active equivalent except for their assignment Grantees ‘‘ingredients’’ that are hypothesized to to either a treatment group receiving a Projects proposed by ‘‘new potential be critical to achieving the relevant project component or a control group grantees.’’ For the purposes of this outcomes) and describes the theoretical that does not. Randomized controlled priority, a new potential grantee is any and operational relationships among the trials, regression discontinuity design applicant that has never received a grant key project components and relevant studies, and single-case design studies or subgrant under HEP. outcomes. are the specific types of experimental Migrant farmworker means a seasonal Note: Prospective applicants, studies that, depending on their design farmworker—as defined in this notice— including new potential grantees, for the and implementation (e.g., sample whose employment required travel that Department’s discretionary grant attrition in randomized controlled trials precluded the farmworker from programs that have never received a and regression discontinuity design returning to his or her domicile grant from the Department and those studies), can meet What Works (permanent place of residence) within that are interested in learning more Clearinghouse (WWC) standards the same day. about the process may refer to the without reservations as described in the Project component means an activity, following resources: WWC Handbooks: strategy, intervention, process, product, https://www2.ed.gov/documents/ (i) A randomized controlled trial practice, or policy included in a project. funding-101/funding-101-basics.pdf employs random assignment of, for Evidence may pertain to an individual https://www2.ed.gov/documents/ example, students, teachers, classrooms, project component or to a combination funding-101/funding-101.pdf or schools to receive the project of project components (e.g., training Invitational Priority 2—Support for component being evaluated (the teachers on instructional practices for Remote Learning treatment group) or not to receive the English learners and follow-on coaching Projects designed to adopt and project component (the control group). for these teachers). support models that leverage technology (ii) A regression discontinuity design Promising evidence means that there (e.g., universal design for learning, study assigns the project component is evidence of the effectiveness of a key competency-based education, or hybrid/ being evaluated using a measured project component in improving a

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relevant outcome, based on a relevant Applicable Regulations: (a) The less than the stated award amount. finding from one of the following: Education Department General Therefore, we will reject any application (i) A practice guide prepared by WWC Administrative Regulations in 34 CFR that proposes a HEP award that is less reporting a ‘‘strong evidence base’’ or parts 75, 77, 79, 81, 82, 84, 86, 97, 98, than the stated minimum award ‘‘moderate evidence base’’ for the and 99. (b) The Office of Management amount. corresponding practice guide and Budget (OMB) Guidelines to Note: This approach is intended to recommendation; Agencies on Governmentwide promote fairness and transparency in (ii) An intervention report prepared Debarment and Suspension the competitive process. by the WWC reporting a ‘‘positive (Nonprocurement) in 2 CFR part 180, as Estimated Number of Awards: 14. effect’’ or ‘‘potentially positive effect’’ adopted and amended as regulations of Note: The Department is not bound by on a relevant outcome with no reporting the Department in 2 CFR part 3485. (c) any estimates in this notice. of a ‘‘negative effect’’ or ‘‘potentially The Uniform Administrative Project Period: Up to 60 months (five negative effect’’ on a relevant outcome; Requirements, Cost Principles, and 12-month budget periods). Under or Audit Requirements for Federal Awards section 418(e) of the HEA, except under extraordinary circumstances, the (iii) A single study assessed by the in 2 CFR part 200, as adopted and Secretary must award grants for a five- Department, as appropriate, that— amended as regulations of the year period. Under 34 CFR 75.117(b), (A) Is an experimental study, a quasi- Department in 2 CFR part 3474. (d) The applicants must submit a budget experimental design study, or a well- regulations for this program in 34 CFR narrative accompanied by a budget form designed and well-implemented part 206. (e) The Migrant Education prescribed by the Secretary that correlational study with statistical Program (MEP) definitions in 34 CFR provides budget information for each controls for selection bias (e.g., a study 200.81. (f) The National Farmworker budget period of the proposed project using regression methods to account for Jobs Program (NFJP) definitions in 20 period. Therefore, we may reject any differences between a treatment group CFR 685.110 and eligibility regulations application that does not propose a five- and a comparison group); and in 20 CFR 685.320. (g) The year project period as reflected on the (B) Includes at least one statistically Supplemental Priorities. applicant’s ED 524 form, Section A and significant and positive (i.e., favorable) Note: The regulations in 34 CFR part budget narrative form, submitted as a effect on a relevant outcome. 86 apply to IHEs only. part of the application. Quasi-experimental design study Note: The MEP definitions and NFJP means a study using a design that definitions and eligibility regulations III. Eligibility Information apply to individuals seeking to qualify attempts to approximate an 1. Eligible Applicants: An IHE or a experimental study by identifying a for HEP based on past participation in the MEP or NFJP. private nonprofit organization may comparison group that is similar to the apply for a grant to operate a HEP treatment group in important respects. II. Award Information project. If a private nonprofit This type of study, depending on design Type of Award: Discretionary grants. organization other than an IHE applies and implementation (e.g., establishment Estimated Available Funds: The for a HEP grant, that agency must plan of baseline equivalence of the groups Administration’s budget request for FY the project in cooperation with an IHE being compared), can meet WWC 2021 does not include funds for this and must propose to operate some standards with reservations, but cannot program. However, we are inviting aspects of the project with the facilities meet WWC standards without applications to allow enough time to of that IHE. reservations, as described in the WWC complete the grant process before the Note: IHE has the meaning given it in Handbook. end of the current fiscal year, if sections 101 and 102 of the HEA. Seasonal farmworker means a person Congress appropriates funds for this Note: The definitions for ‘‘private’’ whose primary employment was in program. and ‘‘nonprofit’’ are in 34 CFR 77.1. farmwork on a temporary or seasonal Contingent upon the availability of Note: If you are a nonprofit basis (that is, not a constant year-round funds and the quality of applications, organization, under 34 CFR 75.51, you activity) for a period of at least 75 days we may make additional awards in may demonstrate your nonprofit status within the past 24 months. subsequent years from the list of by providing: (1) Proof that the Internal What Works Clearinghouse unfunded applications from this Revenue Service currently recognizes Handbooks (WWC Handbooks) means competition. the applicant as an organization to the standards and procedures set forth Estimated Range of Awards: which contributions are tax deductible in the WWC Standards Handbook, $180,000–$475,000. under section 501(c)(3) of the Internal Versions 4.0 or 4.1, and WWC Estimated Average Size of Awards: Revenue Code; (2) a statement from a Procedures Handbook, Versions 4.0 or $470,000. State taxing body or the State attorney 4.1, or in the WWC Procedures and Maximum Award: The Department general certifying that the organization Standards Handbook, Version 3.0 or will not make an award exceeding is a nonprofit organization operating Version 2.1 (all incorporated by $475,000 for a single budget period of within the State and that no part of its reference, see § 77.2). Study findings 12 months. Under 34 CFR 75.104(b) the net earnings may lawfully benefit any eligible for review under WWC Secretary may reject without private shareholder or individual; (3) a standards can meet WWC standards consideration or evaluation any certified copy of the applicant’s without reservations, meet WWC application that proposes a project certificate of incorporation or similar standards with reservations, or not meet funding level that exceeds the stated document if it clearly establishes the WWC standards. WWC practice guides maximum award amount. nonprofit status of the applicant; or (4) and intervention reports include Minimum Award: The Department any item described above if that item findings from systematic reviews of will not make an award for less than the applies to a State or national parent evidence as described in the WWC amount of $180,000 for a single budget organization, together with a statement Handbooks documentation. period of 12 months. Under section by the State or parent organization that Program Authority: 20 U.S.C. 1070d– 418A of the HEA, the Secretary is the applicant is a local nonprofit 2. prohibited from making an award for affiliate.

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2.a. Cost Sharing or Matching: This which contain requirements and section, including the narrative budget competition does not require cost information on how to submit an justification; the assurances and sharing or matching. However, application. certifications; or the one-page abstract, consistent with 34 CFR 75.700, which 2. Submission of Proprietary the resumes, the bibliography, or the requires an applicant to comply with its Information: Given the types of projects letters of support. However, the approved application, an applicant that that may be proposed in applications for recommended page limit does apply to proposes non-Federal matching funds HEP, your application may include all of the application narrative. An and is awarded a grant must provide business information that you consider application will not be disqualified if it those funds for each year that the funds proprietary. In 34 CFR 5.11 we define exceeds the recommended page limit. are proposed. ‘‘business information’’ and describe the V. Application Review Information b. Indirect Cost Rate Information: This process we use in determining whether program uses a training indirect cost any of that information is proprietary 1. Selection Criteria: The selection rate. This limits indirect cost and, thus, protected from disclosure criteria for this competition are from 34 reimbursement to an entity’s actual under Exemption 4 of the Freedom of CFR 75.210 and are as follows: indirect costs, as determined in its Information Act (5 U.S.C. 552, as (a) Need for project. (Up to 10 points) negotiated indirect cost rate agreement, amended). (1) The Secretary considers the need or eight percent of a modified total Because we plan to make successful for the proposed project. direct cost base, whichever amount is applications available to the public, you (2) In determining the need for the less. For more information regarding may wish to request confidentiality of proposed project, the Secretary training indirect cost rates, see 34 CFR business information. considers the magnitude of the need for 75.562. For more information regarding Consistent with Executive Order the services to be provided or the indirect costs, or to obtain a negotiated 12600, please designate in your activities to be carried out by the indirect cost rate, please see application any information that you proposed project. (Up to 10 points) www2.ed.gov/about/offices/list/ocfo/ believe is exempt from disclosure under (b) Quality of the project design. (Up to 24 points) intro.html. Exemption 4. In the appropriate (1) The Secretary considers the c. Administrative Cost Limitation: Appendix section of your application, quality of the design of the proposed This program does not include any under ‘‘Other Attachments Form,’’ program-specific limitation on project. please list the page number or numbers (2) In determining the quality of the administrative expenses. All on which we can find this information. design of the proposed project, the administrative expenses must be For additional information please see 34 Secretary considers the following reasonable and necessary and conform CFR 5.11(c). factors: to Cost Principles described in 2 CFR 3. Intergovernmental Review: This (i) The extent to which the goals, part 200 subpart E of the Uniform competition is subject to Executive objectives, and outcomes to be achieved Guidance. Order 12372 and the regulations in 34 by the proposed project are clearly 3. Subgrantees: Under 34 CFR CFR part 79. Information about specified and measurable. (Up to 7 75.708(b) and (c) a grantee under this Intergovernmental Review of Federal points) competition may award subgrants—to Programs under Executive Order 12372 (ii) The extent to which the design of directly carry out project activities is in the application package for this the proposed project is appropriate to, described in its application—to the competition. and will successfully address, the needs following types of entities: IHEs and 4. Funding Restrictions: We reference of the target population or other nonprofit organizations. The grantee regulations outlining funding identified needs. (Up to 5 points) may award subgrants to entities it has restrictions in the Applicable (iii) The extent to which the proposed identified in an approved application or Regulations section of this notice. project will establish linkages with that it selects through a competition 5. Recommended Page Limit: The other appropriate agencies and under procedures established by the application narrative is where you, the organizations providing services to the grantee. applicant, address the selection criteria target population. (Up to 5 points) 4. Other: Projects funded under this that reviewers use to evaluate your (iv) The extent to which the proposed competition must budget for a three-day application. We recommend that you (1) project demonstrates a rationale (as Office of Migrant Education annual limit the application narrative to no defined in this notice). (Up to 7 points) meeting for HEP Directors in the more than 25 pages and (2) use the (c) Quality of project services. (Up to Washington, DC area during each year following standards: 24 points) of the project period. Such expenses are • A ‘‘page’’ is 8.5″ x 11″, on one side (1) The Secretary considers the allowable uses of grant funds and may only, with 1″ margins at the top, bottom, quality of the services to be provided by be included in the proposed project and both sides. the proposed project. budget. This meeting may be held • Double space (no more than three (2) In determining the quality of the virtually if conditions warrant such lines per vertical inch) all text in the services to be provided by the proposed format. application narrative, including titles, project, the Secretary considers the headings, footnotes, quotations, quality and sufficiency of strategies for IV. Application and Submission references, and captions, as well as all ensuring equal access and treatment for Information text in charts, tables, figures, and eligible project participants who are 1. Application Submission graphs. members of groups that have Instructions: Applicants are required to • Use a font that is either 12 point or traditionally been underrepresented follow the Common Instructions for larger or no smaller than 10 pitch based on race, color, national origin, Applicants to Department of Education (characters per inch). gender, age, or disability. (Up to 3 Discretionary Grant Programs, • Use one of the following fonts: points) published in the Federal Register on Times New Roman, Courier, Courier (3) In addition, the Secretary February 13, 2019 (84 FR 3768) and New, or Arial. considers the following factors: available at www.govinfo.gov/content/ The recommended page limit does not (i) The extent to which the services to pkg/FR-2019-02-13/pdf/2019-02206.pdf, apply to the cover sheet; the budget be provided by the proposed project are

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appropriate to the needs of the intended feedback and permit periodic and the number of students proposed to recipients or beneficiaries of those assessment of progress toward achieving be served by the current or proposed services. (Up to 7 points) intended outcomes. (Up to 5 points) HEP project. (ii) The extent to which the services (iii) The extent to which the methods 3. Risk Assessment and Specific to be provided by the proposed project of evaluation will, if well implemented, Conditions: Consistent with 2 CFR involve the collaboration of appropriate produce promising evidence (as defined 200.205, before awarding grants under partners for maximizing the in this notice) about the project’s this competition the Department effectiveness of project services. (Up to effectiveness. (Up to 5 points) conducts a review of the risks posed by 7 points) 2. Review and Selection Process: We applicants. Under 2 CFR 3474.10, the (iii) The likely impact of the services remind potential applicants that in Secretary may impose specific to be provided by the proposed project reviewing applications in any conditions and, in appropriate on the intended recipients of those discretionary grant competition, the circumstances, high-risk conditions on a services. (Up to 7 points) Secretary may consider, under 34 CFR grant if the applicant or grantee is not (d) Quality of project personnel. (Up 75.217(d)(3)(ii), the past performance of financially stable; has a history of to 10 points) the applicant in carrying out a previous unsatisfactory performance; has a (1) The Secretary considers the award, such as the applicant’s use of financial or other management system quality of the personnel who will carry funds, achievement of project that does not meet the standards in 2 out the proposed project. objectives, and compliance with grant CFR part 200, subpart D; has not (2) In determining the quality of conditions. The Secretary may also fulfilled the conditions of a prior grant; project personnel, the Secretary consider whether the applicant failed to or is otherwise not responsible. considers the extent to which the submit a timely performance report or 4. Integrity and Performance System: applicant encourages applications for submitted a report of unacceptable If you are selected under this employment from persons who are quality. competition to receive an award that members of groups that have In addition, in making a competitive over the course of the project period traditionally been underrepresented grant award, the Secretary requires may exceed the simplified acquisition based on race, color, national origin, various assurances, including those threshold (currently $250,000), under 2 gender, age, or disability. (Up to 3 applicable to Federal civil rights laws CFR 200.205(a)(2) we must make a points) that prohibit discrimination in programs judgment about your integrity, business (3) In addition, the Secretary or activities receiving Federal financial ethics, and record of performance under considers the qualifications, including assistance from the Department (34 CFR Federal awards—that is, the risk posed relevant training and experience, of key 100.4, 104.5, 106.4, 108.8, and 110.23). by you as an applicant—before we make project personnel. (Up to 7 points) Additional factors we consider in an award. In doing so, we must consider (e) Adequacy of resources. (Up to 12 selecting an application for an award are any information about you that is in the points) in section 418A of the HEA. In integrity and performance system (1) The Secretary considers the accordance with section 418A, the (currently referred to as the Federal adequacy of resources for the proposed Secretary makes HEP awards based on Awardee Performance and Integrity project. (2) In determining the adequacy of the number, quality, and promise of the Information System (FAPIIS)), resources for the proposed project, the applications. Additionally, in accessible through the System for Secretary considers the following accordance with section 418A, if final Award Management. You may review factors: FY 2021 HEP and College Assistance and comment on any information about (i) The adequacy of support, including Migrant Program appropriations exceed yourself that a Federal agency facilities, equipment, supplies, and $40,000,000, the Secretary will consider previously entered and that is currently other resources, from the applicant the need to provide an equitable in FAPIIS. organization or the lead applicant geographic distribution of HEP awards. Please note that, if the total value of organization. (Up to 4 points) The Secretary may consider the need to your currently active grants, cooperative (ii) The relevance and demonstrated provide equitable geographic agreements, and procurement contracts commitment of each partner in the distribution of HEP awards when— from the Federal Government exceeds proposed project to the implementation 1. Two or more applicants receive the $10,000,000, the reporting requirements and success of the project. (Up to 4 same score at the funding cutoff for this in 2 CFR part 200, Appendix XII, points) competition, require you to report certain integrity (iii) The extent to which the costs are 2. The Secretary determines that a information to FAPIIS semiannually. reasonable in relation to the objectives, geographic region is overserved by Please review the requirements in 2 CFR design, and potential significance of the current HEP projects, part 200, Appendix XII, if this grant proposed project. (Up to 4 points) 3. The Secretary determines that a plus all the other Federal funds you (f) Quality of the project evaluation. geographic region is underserved by receive exceed $10,000,000. (Up to 20 points) current HEP projects, or (1) The Secretary considers the 4. Two or more applicants propose to VI. Award Administration Information quality of the evaluation to be operate similar HEP projects in the same 1. Award Notices: If your application conducted of the proposed project. geographical region. is successful, we notify your U.S. (2) In determining the quality of the When evaluating a potentially Representative and U.S. Senators and evaluation, the Secretary considers the overserved or underserved geographic send you a Grant Award Notification following factors: region, the Secretary may consider (GAN); or we may send you an email (i) The extent to which the methods factors such as migrant or seasonal containing a link to access an electronic of evaluation are thorough, feasible, and farmworker population data for a State version of your GAN. We may notify appropriate to the goals, objectives, and or region, approximate distance between you informally, also. outcomes of the proposed project. (Up current and proposed projects, the type If your application is not evaluated or to 10 points) of entity of the current or proposed not selected for funding, we notify you. (ii) The extent to which the methods project (e.g., private nonprofit 2. Administrative and National Policy of evaluation will provide performance organization, 2-year IHE, 4-year IHE), Requirements: We identify

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administrative and national policy evaluate the overall effectiveness of from the Department (34 CFR 100.4, requirements in the application package HEP: (1) The percentage of HEP 104.5, 106.4, 108.8, and 110.23). and reference these and other participants exiting the program having VII. Other Information requirements in the Applicable received a HSE diploma (GPRA 1), and Regulations section of this notice. (2) the percentage of HSE diploma Accessible Format: On request to the We reference the regulations outlining recipients who enter postsecondary program contact person listed under FOR the terms and conditions of an award in education or training programs, FURTHER INFORMATION CONTACT, the Applicable Regulations section of upgraded employment, or the military individuals with disabilities can obtain this notice and include these and other (GPRA 2). this document and a copy of the specific conditions in the GAN. The Applicants must propose annual application package in an accessible GAN also incorporates your approved targets for these measures and establish format (e.g., braille, large print, application as part of your binding annual student enrollment targets in audiotape, or compact disc), to the commitments under the grant. their applications. Applicants should extent reasonably practicable. 3. Open Licensing Requirements: identify these targets within their Electronic Access to This Document: Unless an exception applies, if you are application abstracts. The national The official version of this document is awarded a grant under this competition, target for GPRA 1 for FY 2021 is that 69 the document published in the Federal you will be required to openly license percent of HEP participants exit the Register. You may access the official to the public grant deliverables created program having received an HSE edition of the Federal Register and the in whole, or in part, with Department credential. The national target for GPRA Code of Federal Regulations at grant funds. When the deliverable 2 for FY 2021 is that 80 percent of HEP www.govinfo.gov. At this site you can consists of modifications to pre-existing HSE diploma recipients will enter view this document, as well as all other works, the license extends only to those postsecondary education or training documents of this Department modifications that can be separately programs, upgraded employment, or the published in the Federal Register, in identified and only to the extent that military. The national targets for text or Portable Document Format open licensing is permitted under the subsequent years may be adjusted based (PDF). To use PDF you must have terms of any licenses or other legal on additional baseline data. Peer Adobe Acrobat Reader, which is restrictions on the use of pre-existing reviewers evaluate how well applicants available free at the site. works. Additionally, a grantee or propose to meet their application’s goals You may also access documents of the subgrantee that is awarded competitive and objectives. Peer reviewers will score Department published in the Federal grant funds must have a plan to related selection criteria on the basis of Register by using the article search disseminate these public grant how well an applicant addresses these feature at: www.federalregister.gov. deliverables. This dissemination plan GPRA measures in addition to any other Specifically, through the advanced can be developed and submitted after goals and objectives included in the search feature at this site, you can limit your application has been reviewed and application. Therefore, applicants will your search to documents published by selected for funding. For additional the Department. information on the open licensing want to consider how to demonstrate a requirements please refer to 2 CFR sound capacity to provide reliable data Frank T. Brogan, 3474.20. on the GPRA measures, including the Assistant Secretary for Elementary and 4. Reporting: (a) If you apply for a project’s annual performance targets for Secondary Education. grant under this competition, you must addressing the GPRA performance [FR Doc. 2020–25892 Filed 11–20–20; 8:45 am] measures, as is required by the OMB- ensure that you have in place the BILLING CODE 4000–01–P necessary processes and systems to approved annual performance report comply with the reporting requirements that is included in the application in 2 CFR part 170 should you receive package. All grantees will be required to DEPARTMENT OF EDUCATION submit, as part of their annual funding under the competition. This [Docket No.: ED–2020–SCC–0132] does not apply if you have an exception performance report, information with under 2 CFR 170.110(b). respect to these GPRA performance Agency Information Collection (b) At the end of your project period, measures. Activities; Submission to the Office of you must submit a final performance 6. Continuation Awards: In making a Management and Budget for Review report, including financial information, continuation award under 34 CFR and Approval; Comment Request; as directed by the Secretary. If you 75.253, the Secretary considers, among Report of the Randolph-Sheppard receive a multiyear award, you must other things: Whether a grantee has Vending Facility Program submit an annual performance report made substantial progress in achieving that provides the most current the goals and objectives of the project; AGENCY: Office of Special Education and performance and financial expenditure Whether the grantee has expended Rehabilitation Services (OSERS), information as directed by the Secretary funds in a manner that is consistent Department of Education (ED). under 34 CFR 75.118. The Secretary with its approved application and ACTION: Notice. may also require more frequent budget; and, if the Secretary has performance reports under 34 CFR established performance measurement SUMMARY: In accordance with the 75.720(c). For specific requirements on requirements, the performance targets in Paperwork Reduction Act of 1995, ED is reporting, please go to www.ed.gov/ the grantee’s approved application. proposing a revision of a currently fund/grant/apply/appforms/ In making a continuation award, the approved collection. appforms.html. Secretary also considers whether the DATES: Interested persons are invited to 5. Performance Measures: For the grantee is operating in compliance with submit comments on or before purposes of the Government the assurances in its approved December 23, 2020. Performance and Results Act of 1993 application, including those applicable ADDRESSES: Written comments and (GPRA) and reporting under 34 CFR to Federal civil rights laws that prohibit recommendations for proposed 75.110, the Department developed the discrimination in programs or activities information collection requests should following performance measures to receiving Federal financial assistance be sent within 30 days of publication of

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this notice to www.reginfo.gov/public/ and place individuals who are blind as DEPARTMENT OF ENERGY do/PRAMain. Find this particular operators of vending facilities [EERE–2020–BT–CRT–0018] information collection request by (including cafeterias, snack bars, selecting ‘‘Department of Education’’ vending machines, etc.) located on Proposed Agency Information under ‘‘Currently Under Review,’’ then federal and other properties. In statute Collection Extension check ‘‘Only Show ICR for Public at 20 U.S.C. 107a(6)(a), the Secretary of Comment’’ checkbox. Education is directed through the AGENCY: Office of Energy Efficiency and FOR FURTHER INFORMATION CONTACT: For Commissioner of the Rehabilitation Renewable Energy, U.S. Department of specific questions related to collection Services Administration (RSA) to Energy. activities, please contact Christine conduct periodic evaluations of the ACTION: Information collection Grassman, 202–245–6973. programs authorized under the extension, with changes; notice and SUPPLEMENTARY INFORMATION: The Randolph-Sheppard Act. The request for comment. Department of Education (ED), in information to be collected is a SUMMARY: The U.S. Department of accordance with the Paperwork necessary component of the evaluation Energy (DOE) intends to extend with Reduction Act of 1995 (PRA) (44 U.S.C. process and forms the basis for annual changes for three years with the Office 3506(c)(2)(A)), provides the general reporting. These data are also used to of Management and Budget (OMB), the public and Federal agencies with an understand the distribution type and Certification Reports, Compliance opportunity to comment on proposed, profitability of vending facilities Statements, Application for a Test revised, and continuing collections of throughout the country. Such Procedure Waiver, and Recordkeeping information. This helps the Department information is useful in providing for Consumer Products and assess the impact of its information technical assistance to SLAs and Commercial/Industrial Equipment collection requirements and minimize property managers. The Code of Federal subject to Energy or Water Conservation the public’s reporting burden. It also Regulations, at 34 CFR 395.8, specifies Standards Package under OMB No. helps the public understand the 1910–1400. Department’s information collection that vending machine income received requirements and provide the requested by the State from Federal property DATES: Written comments and data in the desired format. ED is managers can be distributed to blind information are requested and will be soliciting comments on the proposed vendors in an amount not to exceed the accepted on or before January 22, 2021. information collection request (ICR) that national average income for blind ADDRESSES: Interested persons are is described below. The Department of vendors. This amount is determined encouraged to submit comments using Education is especially interested in through data collected using RSA–15: the Federal eRulemaking Portal at public comment addressing the Report of Randolph-Sheppard Vending http://www.regulations.gov. Follow the following issues: (1) Is this collection Facility Program. In addition, the instructions for submitting comments. necessary to the proper functions of the collection of information ensures the Alternatively, interested persons may Department; (2) will this information be provision and transparency of activities submit comments, identified by docket processed and used in a timely manner; referenced in 34 CFR 395.12 related to number EERE–2020–BT–CRT–0018, by (3) is the estimate of burden accurate; disclosure of program and financial any of the following methods: (4) how might the Department enhance information. The Department is 1. Federal eRulemaking Portal: http:// the quality, utility, and clarity of the requesting a revision to the information www.regulations.gov. Follow the information to be collected; and (5) how collection regarding the statute at 20 instructions for submitting comments. might the Department minimize the U.S.C. 107a(6)(a), the Secretary of 2. Email: to burden of this collection on the Education is directed through the InfoCollection2020CRT0018@ ee.doe.gov. Include docket number respondents, including through the use Commissioner of the Rehabilitation EERE–2020–BT–CRT–0018 in the of information technology. Please note Services Administration (RSA) to subject line of the message. that written comments received in conduct periodic evaluations of the 3. Postal Mail: Appliance and response to this notice will be programs authorized under the considered public records. Equipment Standards Program, U.S. Randolph-Sheppard Act and the Title of Collection: Report of the Department of Energy, Building increase in burden is due to adding Randolph-Sheppard Vending Facility Technologies Office, Mailstop EE–5B, Program. instructions, adding an acquisition 1000 Independence Avenue SW, OMB Control Number: 1820–0009. change and a new element. Washington, DC 20585–0121. Type of Review: A revision of a Dated: November 18, 2020. Telephone: (202) 287–1445. If possible, currently approved collection. Kate Mullan, please submit all items on a compact disc (‘‘CD’’), in which case it is not Respondents/Affected Public: State, PRA Coordinator, Strategic Collections and Local, and Tribal Governments. Clearance, Governance and Strategy Division, necessary to include printed copies. Total Estimated Number of Annual Office of Chief Data Officer, Office of 4. Hand Delivery/Courier: Appliance Responses: 51. Planning, Evaluation and Policy and Equipment Standards Program, U.S. Total Estimated Number of Annual Development. Department of Energy, Building Burden Hours: 1,199. [FR Doc. 2020–25776 Filed 11–20–20; 8:45 am] Technologies Office, 950 L’Enfant Plaza Abstract: The Vending Facility SW, Suite 600, Washington, DC 20024. Program authorized by the Randolph- BILLING CODE 4000–01–P Telephone: (202) 287–1445. If possible, Sheppard Act provides persons who are please submit all items on a CD, in blind with remunerative employment which case it is not necessary to include and self-support through the operation printed copies. of vending facilities on Federal and No telefacsimilies (faxes) will be other property. Under the Randolph accepted. Sheppard Program, State licensing Docket: The docket for this activity, agencies (SLAs) recruit, train, license which includes Federal Register

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notices, comments, and other U.S.C. 6291–6317, as codified), DOE vending machines; (39) Walk-in coolers supporting documents/materials, is regulates the energy efficiency of a and walk-in freezers and certain available for review at http:// number of consumer products, and components; (40) Metal halide lamp www.regulations.gov. All documents in commercial and industrial equipment. ballasts and fixtures; (41) Integrated the docket are listed in the http:// Title III, Part B 2 of EPCA established the light-emitting diode lamps; (42) General www.regulations.gov index. However, Energy Conservation Program for service lamps; (43) Furnace fans; (44) some documents listed in the index, Consumer Products Other Than Pumps; (45) Commercial packaged such as those containing information Automobiles, which sets forth a variety boilers; (46) Consumer miscellaneous that is exempt from public disclosure, of provisions designed to improve refrigeration equipment; (47) Portable may not be publicly available. energy efficiency of covered consumer air conditioners; (48) Compressors; (49) The docket web page can be found at products (‘‘covered products’’). Title III, Electric motors; (50) Small electric http://www.regulations.gov/ Part C 3 of EPCA, added by Public Law motors; (51) rough service lamps; and #!docketDetail;D=EERE-2020-BT-CRT- 95–619, Title IV, § 441(a), established (52) vibration service lamps. 0018. The docket web page will contain the Energy Conservation Program for Under EPCA, DOE’s energy simple instructions on how to access all Certain Industrial Equipment, which conservation program consists documents, including public comments, sets forth a variety of provisions essentially of four parts: (1) Testing, (2) in the docket. designed to improve energy efficiency of labeling, (3) Federal energy conservation standards, and (4) certification and FOR FURTHER INFORMATION CONTACT: Ms. covered commercial and industrial Catherine Rivest, U.S. Department of equipment (collectively referred to as enforcement procedures. For consumer Energy, Office of Energy Efficiency and ‘‘covered equipment’’). products, relevant provisions of the Act Renewable Energy, Building Covered products and covered specifically include definitions (42 U.S.C. 6291), energy conservation Technologies Office, EE–5B, 1000 equipment are described in 10 CFR standards (42 U.S.C. 6295), test Independence Avenue SW, Washington, parts 429, 430, and 431. These covered procedures (42 U.S.C. 6293), labeling DC 20585–0121. Telephone: (202) 586– products and covered equipment, provisions (42 U.S.C. 6294), and the 7335. Email: including all product or equipment authority to require information and ApplianceStandardsQuestions@ classes, include: (1) Consumer reports from manufacturers (42 U.S.C. ee.doe.gov. refrigerators, refrigerator-freezers and freezers; (2) Room air conditioners; (3) 6296). For covered equipment, relevant SUPPLEMENTARY INFORMATION: Comments Central air conditioners and central air provisions of the Act include definitions are invited on: (a) Whether the proposed conditioning heat pumps; (4) Consumer (42 U.S.C. 6311), energy conservation collection of information is necessary water heaters; (5) Consumer furnaces standards (42 U.S.C. 6313), test for the proper performance of the and boilers; (6) Dishwashers; (7) procedures (42 U.S.C. 6314), labeling functions of the agency, including Residential clothes washers; (8) Clothes provisions (42 U.S.C. 6315), and the whether the information shall have dryers; (9) Direct heating equipment; authority to require information and practical utility; (b) the accuracy of the (10) Cooking products; (11) Pool heaters; reports from manufacturers (42 U.S.C. agency’s estimate of the burden of the (12) Television sets; (13) Fluorescent 6316). DOE is seeking to renew its proposed collection of information, lamp ballasts; (14) General service information collection related to the including the validity of the fluorescent lamps, general service following aspects of the appliance methodology and assumptions used; (c) incandescent lamps, and incandescent standards program: (1) Gathering data ways to enhance the quality, utility, and reflector lamps; (15) Faucets; (16) and submitting certification and clarity of the information to be Showerheads; (17) Water closets; (18) collected; and (d) ways to minimize the compliance reports for each basic model Urinals; (19) Ceiling fans; (20) Ceiling distributed in commerce in the U.S. burden of the collection of information fan light kits; (21) Torchieres; (22) on respondents, including through the including supplemental testing Compact fluorescent lamps; (23) instructions for certain commercial use of automated collection techniques Dehumidifiers; (24) External power or other forms of information equipment; (2) maintaining records supplies; (25) Battery chargers; (26) underlying the certified ratings for each technology. Candelabra base incandescent lamps This information collection request basic model including test data and the and intermediate base incandescent associated calculations; (3) applications contains: lamps; (27) Commercial warm air (1) OMB No.: 1910–1400; for a test procedure waiver, which furnaces; (28) Commercial refrigerators, (2) Information Collection Request manufacturers may elect to submit if freezers, and refrigerator-freezers; (29) Title: Certification Reports, Compliance they manufacture a basic model that Commercial heating and air Statements, Application for a Test cannot be tested pursuant to the DOE conditioning equipment; (30) Procedure Waiver, Application for test procedure; (4) applications Commercial water heating equipment; Extension of Representation requesting an extension of the date by (31) Automatic commercial ice makers; Requirements, Labeling, and which representations must be made in (32) Commercial clothes washers; (33) Recordkeeping for Consumer Products accordance with any new or amended Distribution transformers; (34) and Commercial/Industrial Equipment DOE test procedure; and (5) labeling. Illuminated exit signs; (35) Traffic signal subject to Federal Energy or Water DOE’s certification and compliance modules and pedestrian modules; (36) Conservation Standards; activities ensure accurate and Commercial unit heaters; (37) (3) Type of Request: Revision with comprehensive information about the Commercial pre-rinse spray valves; (38) changes; energy and water use characteristics of Refrigerated bottled or canned beverage (4) Purpose: covered products and covered Pursuant to the Energy Policy and equipment sold in the United States. Infrastructure Act of 2018, Public Law 115–270 Manufacturers of all covered products Conservation Act, as amended (‘‘EPCA’’ (Oct. 23, 2018). 1 and covered equipment must submit a or ‘‘the Act’’), Public Law 94–163 (42 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A. certification report before a basic model 1 All references to EPCA in this document refer 3 For editorial reasons, upon codification in the is distributed in commerce, annually to the statute as amended through America’s Water U.S. Code, Part C was redesignated Part A–1. thereafter, and if the basic model is

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redesigned in such a manner to increase the absence of the exemption. (42 U.S.C. products subject to the FTC labeling the consumption or decrease the 6295(u)(5)(A)(iii)) In a final rule requirement contain three key efficiency of the basic model such that published on May 16, 2016, DOE disclosures: Estimated annual energy the certified rating is no longer adopted reporting requirements for EPS cost (16 CFR 305.5); a product’s energy supported by the test data. Additionally, manufacturers to provide the total consumption or energy efficiency rating manufacturers must report when number of exempt EPS units sold as as determined from DOE test procedures production of a basic model has ceased service and spare parts for which the (Id.); and a comparability range and is no longer offered for sale as part manufacturer is claiming exemption displaying the highest and lowest of the next annual certification report from the current standards. 81 FR energy costs or efficiency ratings for all following such cessation. DOE requires 30157. similar models (16 CFR 305.10). the manufacturer of any covered On April 30, 2015, Congress enacted The Energy Labeling Rule also product or covered equipment to the Energy Efficiency Improvement Act contains reporting requirements for establish, maintain, and retain the of 2015 (Pub. L. 114–11, ‘‘Energy most products, under which records of certification reports, of the Efficiency Improvement Act’’). That law manufacturers must submit data to the underlying test data for all certification established definitions and energy FTC both when they begin testing, and of any other testing conservation standards for grid-enabled manufacturing new models and on an conducted to satisfy the requirements of water heaters that DOE promulgated in annual basis thereafter. 16 CFR 305.8. part 429, part 430, and/or part 431. its August 2015 Final Rule. See 80 FR These reports must contain, among Certification reports provide DOE and 48004 (Aug. 11, 2015). Additionally, the other things, estimated annual energy consumers with comprehensive, up-to- Energy Efficiency Improvement Act consumption or energy efficiency date efficiency information and support mandates DOE to require manufacturers ratings, similar to what is required effective enforcement. of grid-enabled water heaters to report under DOE’s reporting requirement. Id. As the result of a negotiated to DOE the total number of such units Prior to 2013, FTC collected energy data rulemaking, DOE adopted additional that are shipped annually. (42 U.S.C. on products subject to the Energy certification requirements for 6295(e)(6)(C)(i)) Labeling Rule separate from DOE commercial HVAC, water heater, and DOE currently requires manufacturers through paper and email submissions to refrigeration equipment. Specifically, or their party representatives to prepare the FTC. This arrangement required DOE requires manufacturers of and submit certification reports and manufacturers to submit nearly commercial refrigeration equipment and compliance statements using DOE’s duplicative reports to DOE and FTC. some types of commercial HVAC electronic web-based tool, the However, in 2013 the FTC equipment to submit a PDF with Compliance and Certification streamlined and harmonized its specific testing instructions to be used Management System (CCMS), which is reporting requirements by giving by the Department during verification the primary mechanism for submitting manufacturers the option to report FTC- and enforcement testing. Manufacturers certification reports to DOE. CCMS required data through DOE’s CCMS, in of commercial water heating equipment currently has product and equipment lieu of the traditional practice of and some types of commercial HVAC specific templates which manufacturers submitting directly to FTC. 78 FR 2200 equipment have the option of are required to use when submitting (Jan. 10, 2013); 16 CFR 305.8(a)(1). As submitting a PDF with additional testing certification data to DOE. DOE believes such, the CCMS reduces duplicative instructions at the manufacturer’s the availability of electronic filing reporting for manufacturers of covered discretion. For additional information through the CCMS system reduces consumer products that are also on the negotiated rulemaking or reporting burdens, streamlines the required to report under the FTC Energy supplemental testing instructions see process, and provides the Department Label Rule. docket number EERE–2013–BT–NOC– with needed information in a DOE allows manufacturers of both 0023. standardized, more accessible form. consumer products and/or commercial On December 18, 2014, Congress This electronic filing system also equipment to apply for a test procedure enacted the EPS Service Parts Act of ensures that records are recorded in a waiver. Manufacturers may submit an 2014 (Pub. L. 113–263, ‘‘Service Parts permanent, systematic way. application for a test procedure waiver Act’’). That law exempted Manufacturers also may rely on CCMS at his or her discretion if it is manufacturers of certain external power reporting to satisfy certain reporting determined that the basic model for supplies (‘‘EPSs’’) that were made requirements established by the Federal which the petition for waiver was available as service and spare parts for Trade Commission (‘‘FTC’’). EPCA submitted contains one or more design end-use products manufactured before directs the FTC generally to prescribe characteristics that prevents testing of February 10, 2016, from the energy labeling rules for the consumer products the basic model according to the conservation standards that DOE subject to energy conservation standards prescribed test procedures, or if the promulgated in its February 2014 rule. under EPCA. (42 U.S.C. 6296) The prescribed test procedures may evaluate See 79 FR 7846 (Feb. 10, 2014). required labels generally must disclose the basic model in a manner so Additionally, the Service Parts Act the estimated annual operating cost of unrepresentative of its true energy permits DOE to require manufacturers of such product (determined in accordance consumption characteristics as to an EPS that is exempt from the 2016 with Federal test procedures); and provide materially inaccurate standards to report to DOE the total information respecting the range of comparative data. The Department number of such EPS units that are estimated annual operating costs for currently uses and will continue to use shipped annually as service and spare covered products to which the rule the information submitted in the parts and that do not meet those applies. (42 U.S.C. 6296(c)(1)) Pursuant application for a waiver as the basis for standards. (42 U.S.C. 6295(u)(5)(A)(ii)) to EPCA, the FTC prescribed the Energy granting or denying the petition. See 10 DOE may also limit the applicability of Labeling Rule, which in part, requires CFR 430.27 for additional information the exemption if the Secretary manufacturers to attach yellow on petitions for waivers and for determines that the exemption is EnergyGuide labels to many of the consumer products. See 10 CFR 431.401 resulting in a significant reduction of covered consumer products. See 16 CFR for additional information on petitions the energy savings that would result in part 305. EnergyGuide labels for most for waivers for commercial equipment.

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DOE also allows manufacturers of to accept a CCMS report in satisfaction Register, the undersigned DOE Federal both consumer products and/or of the state reporting requirement. Register Liaison Officer has been commercial equipment to submit Submission of the additional authorized to sign and submit the applications requesting an extension of information would not be mandatory document in electronic format for the date by which representations must (from DOE’s perspective) and would publication, as an official document of be made in accordance with any new or consist of information that the Department of Energy. This amended DOE test procedure. DOE may manufacturers are already submitting to administrative process in no way alters grant extensions of up to 180 days if it the California Energy Commission. the legal effect of this document upon determines that making such Should the California Energy publication in the Federal Register. representations would impose an undue Commission choose to streamline and Signed in Washington, DC, on November hardship on the petitioner. The harmonize its reporting requirements by 18, 2020. Department currently uses and will giving manufacturers the option to Treena V. Garrett, continue to use the information report California-required data through submitted in these applications as the Federal Register Liaison Officer, U.S. DOE’s CCMS, use of CCMS would Department of Energy. basis for granting or denying the reduce duplicative reporting between [FR Doc. 2020–25845 Filed 11–20–20; 8:45 am] petition. the California and DOE requirements. In addition to the FTC labeling DOE is considering collecting the total BILLING CODE 6450–01–P requirements for consumer products number of grid-enabled water heaters discussed, EPCA directs DOE to shipped annually by manufacturers of DEPARTMENT OF ENERGY establish labeling requirements for grid-enabled water heaters in order to covered industrial and commercial comply with the requirements of The Federal Energy Regulatory equipment when specified criteria is Energy Efficiency Improvement Act. (42 Commission met. If the Department has prescribed U.S.C. 6295(e)(6)(C)(i)) test procedures for any class of covered (5) Annual Estimated Number of Combined Notice of Filings equipment, a labeling rule applicable to Respondents: 2,000; such class of covered equipment must (6) Annual Estimated Number of Take notice that the Commission has be prescribed. (42 U.S.C. 6315(a)) EPCA, Total Responses: 20,000; received the following Natural Gas however, requires that certain criteria (7) Annual Estimated Number of Pipeline Rate and Refund Report filings: must be met prior to DOE prescribing a Burden Hours: 755,000 (35 hours per Docket Numbers: RP11–1591–000. given labeling rule. Specifically, DOE certification, including the time for Applicants: Golden Pass Pipeline must determine that: (1) Labeling is reviewing instructions, searching LLC. technologically and economically existing data sources, gathering and Description: Report Filing: 2020 feasible with respect to any particular maintaining the data needed, and Penalty Revenue and Costs Report of equipment class; (2) significant energy completing and reviewing the collection Golden Pass Pipeline LLC. savings will likely result from such of information; 16 additional hours for Filed Date: 11/16/20. labeling; and (3) labeling is likely to creating supplement testing instructions Accession Number: 20201116–5003. assist consumers in making purchasing for commercial HVAC, water heating, Comments Due: 5 p.m. ET 11/30/20. decisions. (42 U.S.C. 6315(h)) DOE has and refrigeration equipment Docket Numbers: RP21–215–000. established labeling requirements under manufacturers; 160 hours for test Applicants: Equitrans, L.P. the authority in 42 U.S.C. 6315 for procedure waiver preparation; 160 Description: § 4(d) Rate Filing: electric motors (10 CFR 431.31), walk-in hours for representation extension Negotiated Rate Agreement—Triad coolers and freezers (10 CFR 431.305), request preparation; 1 hour for creating Hunter Assignment to SWN—12/1/2020 and pumps (10 CFR 431.466). and applying a label for walk-in cooler to be effective 12/1/2020. (4) Proposed changes to the and freezer, commercial and industrial Filed Date: 11/16/20. information collection, including pump, and electric motor Accession Number: 20201116–5015. description of additional information manufacturers); Comments Due: 5 p.m. ET 11/30/20. that would be collected. (8) Annual Estimated Reporting and Docket Numbers: RP21–217–000. DOE is considering revisions to the Recordkeeping Cost Burden: Applicants: Rockies Express Pipeline CCMS that would facilitate a reduction $77,500,000. LLC. in duplicative reporting under the Description: § 4(d) Rate Filing: REX California’s Appliance Efficiency Statutory Authority 2020–11–16 GT&C Section 3 Revisions Regulations, similar to what was Section 326(d) of the Energy Policy to be effective 12/16/2020. achieved with the FTC. Under its and Conservation Act, Public Law 94– Filed Date: 11/16/20. Appliance Efficiency Regulations, 163, as amended (42 U.S.C. 6296); 10 Accession Number: 20201116–5059. California requires manufacturers to CFR parts 429, 430, and 431. certify and report to the California Comments Due: 5 p.m. ET 11/30/20. Energy Commission, energy efficiency Signing Authority Docket Numbers: RP21–218–000. data of certain consumer products. See, This document of the Department of Applicants: Algonquin Gas California Code of Regulations (CCR), Energy was signed on November 18, Transmission, LLC. Title 20, section 1606. For consumer 2020, by Alexander N. Fitzsimmons, Description: § 4(d) Rate Filing: products that are reported to the Deputy Assistant Secretary for Energy Negotiated Rate—Yankee Gas 510802 California Energy Commission and are Efficiency, Energy Efficiency and Release eff 11–17–2020 to be effective subject to Federal test procedures, the Renewable Energy, pursuant to 11/17/2020. California regulations generally require delegated authority from the Secretary Filed Date: 11/16/20. submission of data from those Federal of Energy. That document with the Accession Number: 20201116–5076. test procedures (i.e., the same data original signature and date is Comments Due: 5 p.m. ET 11/30/20. reported to DOE). DOE is considering maintained by DOE. For administrative Docket Numbers: RP21–219–000. adding fields to the CCMS that would purposes only, and in compliance with Applicants: Northern Border Pipeline allow the California Energy Commission requirements of the Office of the Federal Company.

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Description: § 4(d) Rate Filing: NPBL to the applicant’s request for blanket Description: Fourth Supplement to BP Canada NRA Amendment to be authorization, under 18 CFR part 34, of April 20, 2020 Triennial Market Power effective 8/1/2020. future issuances of securities and Update for the Northeast Region of Filed Date: 11/16/20. assumptions of liability, is December 7, Waterside Power, LLC. Accession Number: 20201116–5077. 2020. Filed Date: 11/16/20. Comments Due: 5 p.m. ET 11/30/20. The Commission encourages Accession Number: 20201116–5236. The filings are accessible in the electronic submission of protests and Comments Due: 5 p.m. ET 12/7/20. Commission’s eLibrary system (https:// interventions in lieu of paper, using the Docket Numbers: ER10–3117–008. elibrary.ferc.gov/idmws/search/ FERC Online links at http:// Applicants: Lea Power Partners, LLC. fercgensearch.asp) by querying the www.ferc.gov. To facilitate electronic Description: Fourth Supplement to docket number. service, persons with internet access April 20, 2020 Triennial Market Power Any person desiring to intervene or who will eFile a document and/or be Update for the Southwest Power Pool protest in any of the above proceedings listed as a contact for an intervenor Region of Lea Power Partners, LLC. must file in accordance with Rules 211 must create and validate an Filed Date: 11/16/20. and 214 of the Commission’s eRegistration account using the Accession Number: 20201116–5235. Regulations (18 CFR 385.211 and eRegistration link. Select the eFiling Comments Due: 5 p.m. ET 12/7/20. 385.214) on or before 5:00 p.m. Eastern link to log on and submit the Docket Numbers: ER13–445–009; time on the specified date(s). Protests intervention or protests. ER11–4060–009; ER11–4061–009 ER14– may be considered, but intervention is Persons unable to file electronically 2823–007; ER15–1170–005; ER15–1171– necessary to become a party to the may mail similar pleadings to the 005 ER15–1172–005; ER15–1173–005. proceeding. Federal Energy Regulatory Commission, Applicants: Badger Creek Limited, eFiling is encouraged. More detailed 888 First Street NE, Washington, DC Bear Mountain Limited, Chalk Cliff information relating to filing 20426. Hand delivered submissions in Limited, Double C Generation Limited requirements, interventions, protests, docketed proceedings should be Partnership, High Sierra Limited, Kern service, and qualifying facilities filings delivered to Health and Human Front Limited, Live Oak Limited, can be found at: http://www.ferc.gov/ Services, 12225 Wilkins Avenue, McKittrick Limited. docs-filing/efiling/filing-req.pdf. For Rockville, Maryland 20852. Description: Third Supplement to other information, call (866) 208–3676 In addition to publishing the full text April 20, 2020 Triennial Market Power (toll free). For TTY, call (202) 502–8659. of this document in the Federal Update for the Southwest Power Pool Register, the Commission provides all Dated: November 17, 2020. Region of Badger Creek Limited, et al. interested persons an opportunity to Filed Date: 11/16/20. Nathaniel J. Davis, Sr., view and/or print the contents of this Accession Number: 20201116–5237. Deputy Secretary. document via the internet through the Comments Due: 5 p.m. ET 12/7/20. [FR Doc. 2020–25804 Filed 11–20–20; 8:45 am] Commission’s Home Page (http:// Docket Numbers: ER20–282–001. BILLING CODE 6717–01–P ferc.gov) using the eLibrary link. Enter Applicants: FPL Energy Illinois Wind, the docket number excluding the last LLC. three digits in the docket number field Description: Report Filing: Refund DEPARTMENT OF ENERGY to access the document. At this time, the Report Under Docket ER20–282 to be Commission has suspended access to effective N/A. Federal Energy Regulatory the Commission’s Public Reference Commission Filed Date: 11/17/20. Room, due to the proclamation Accession Number: 20201117–5037. [Docket No. ER21–415–000] declaring a National Emergency Comments Due: 5 p.m. ET 12/8/20. concerning the Novel Coronavirus Docket Numbers: ER20–2954–001. Briel Farm Solar, LLC; Supplemental Disease (COVID–19), issued by the Applicants: Midcontinent Notice That Initial Market-Based Rate President on March 13, 2020. For Independent System Operator, Inc., Filing Includes Request for Blanket assistance, contact the Federal Energy American Transmission Company LLC. Section 204 Authorization Regulatory Commission at Description: Tariff Amendment: [email protected] or call This is a supplemental notice in the 2020–11–17_SA 3562 ATC–ITC- toll-free, (886) 208–3676 or TYY, (202) Dairyland Substitute TCEA to be above-referenced proceeding of Briel 502–8659. Farm Solar, LLC’s application for effective 8/28/2020. market-based rate authority, with an Dated: November 17, 2020. Filed Date: 11/17/20. accompanying rate tariff, noting that Nathaniel J. Davis, Sr., Accession Number: 20201117–5008. such application includes a request for Deputy Secretary. Comments Due: 5 p.m. ET 12/8/20. blanket authorization, under 18 CFR [FR Doc. 2020–25805 Filed 11–20–20; 8:45 am] Docket Numbers: ER21–417–000. part 34, of future issuances of securities BILLING CODE 6717–01–P Applicants: Southwest Power Pool, and assumptions of liability. Inc. Any person desiring to intervene or to Description: § 205(d) Rate Filing: protest should file with the Federal DEPARTMENT OF ENERGY 2881R11 City of Chanute, KS NITSA Energy Regulatory Commission, 888 NOA to be effective 9/1/2020. First Street NE, Washington, DC 20426, Federal Energy Regulatory Filed Date: 11/17/20. in accordance with Rules 211 and 214 Commission Accession Number: 20201117–5007. Comments Due: 5 p.m. ET 12/8/20. of the Commission’s Rules of Practice Combined Notice of Filings #1 and Procedure (18 CFR 385.211 and Docket Numbers: ER21–418–000. 385.214). Anyone filing a motion to Take notice that the Commission Applicants: AEP Texas Inc. intervene or protest must serve a copy received the following electric rate Description: § 205(d) Rate Filing: of that document on the Applicant. filings: AEPTX–STEC Mathis Facility Notice is hereby given that the Docket Numbers: ER10–3115–006. Development Agreement to be effective deadline for filing protests with regard Applicants: Waterside Power, LLC. 11/6/2020.

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Filed Date: 11/17/20. Accession Number: 20201117–5035. DATES: Comments, identified by docket Accession Number: 20201117–5018, Comments Due: 5 p.m. ET 12/8/20. identification (ID) number EPA–EPA– Comments Due: 5 p.m. ET 12/8/20. Docket Numbers: ER21–426–000. HQ–OPPT–2018–0604, must be received Docket Numbers: ER21–419–000. Applicants: Basin Electric Power on or before December 19, 2020. Applicants: AEP Texas Inc. Cooperative. ADDRESSES: Submit your comments, Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: identified by docket identification (ID) AEPTX–STEC Raymondville 2 Facilities Submission of Revised Rate Schedule A number EPA–EPA–HQ–OPPT–2018– Development Agreement to be effective to be effective 1/1/2021. 0604, using the Federal eRulemaking 11/3/2020. Filed Date: 11/17/20. Portal at http://www.regulations.gov. Filed Date: 11/17/20. Accession Number: 20201117–5036. Follow the online instructions for Accession Number: 20201117–5024. Comments Due: 5 p.m. ET 12/8/20. submitting comments. Do not submit Comments Due: 5 p.m. ET 12/8/20. The filings are accessible in the electronically any information you Docket Numbers: ER21–420–000. Commission’s eLibrary system (https:// consider to be Confidential Business Applicants: Midcontinent elibrary.ferc.gov/idmws/search/ Information (CBI) or other information Independent System Operator, Inc. fercgensearch.asp) by querying the whose disclosure is restricted by statute. Description: § 205(d) Rate Filing: docket number. Due to the public health concerns 2020–11–17_SA 3233 OTP–MDU- Any person desiring to intervene or related to COVID–19, the EPA Docket Dakota Range III 1st Rev GIA (J488) to protest in any of the above proceedings Center (EPA/DC) and Reading Room is be effective 11/2/2020. must file in accordance with Rules 211 closed to visitors with limited Filed Date: 11/17/20. and 214 of the Commission’s exceptions. The staff continues to Accession Number: 20201117–5027. Regulations (18 CFR 385.211 and provide remote customer service via Comments Due: 5 p.m. ET 12/8/20. 385.214) on or before 5:00 p.m. Eastern email, phone, and webform. For the latest status information on EPA/DC Docket Numbers: ER21–421–000. time on the specified comment date. Applicants: PJM Interconnection, Protests may be considered, but services and docket access, visit https:// L.L.C. intervention is necessary to become a www.epa.gov/dockets. Description: § 205(d) Rate Filing: party to the proceeding. FOR FURTHER INFORMATION CONTACT: Interim ISA, SA#5848; Queue #AD1– eFiling is encouraged. More detailed For technical information contact: 087/AD2–202 & Req. for Shortened information relating to filing Seema Schappelle, Risk Assessment Comment Period to be effective 10/29/ requirements, interventions, protests, Division, Office of Pollution Prevention 2020. service, and qualifying facilities filings and Toxics (7403M), Environmental Filed Date: 11/17/20. can be found at: http://www.ferc.gov/ Protection Agency, 1200 Pennsylvania Accession Number: 20201117–5028. docs-filing/efiling/filing-req.pdf. For Ave. NW, Washington, DC 20460–0001; Comments Due: 5 p.m. ET 12/8/20. other information, call (866) 208–3676 telephone number: (202) 564–8006; (toll free). For TTY, call (202) 502–8659. email address: schappelle.seema@ Docket Numbers: ER21–422–000. epa.gov. Applicants: Brookfield Renewable Dated: November 17, 2020. For general information contact: The Trading and Marketing LP. Nathaniel J. Davis, Sr., TSCA-Hotline, ABVI-Goodwill, 422 Description: § 205(d) Rate Filing: Deputy Secretary. South Clinton Ave., Rochester, NY Revised Market-Based Rate Tariff to be [FR Doc. 2020–25803 Filed 11–20–20; 8:45 am] 14620; telephone number: (202) 554– effective 11/18/2020. BILLING CODE 6717–01–P 1404; email address: TSCA-Hotline@ Filed Date: 11/17/20. epa.gov. Accession Number: 20201117–5029. Comments Due: 5 p.m. ET 12/8/20. SUPPLEMENTARY INFORMATION: This ENVIRONMENTAL PROTECTION document extends the public comment Docket Numbers: ER21–423–000. AGENCY period established in the Federal Applicants: Duke Energy Florida, Register document of October 30, 2020 LLC. [EPA–HQ–OPPT–2018–0604; FRL–10017– (85 FR 68873) (FRL–10015–96), which Description: § 205(d) Rate Filing: 38] opened a 30-day public comment period DEF–FL Solar 10 E&P Agreement RS No. for the revised draft risk evaluation of C. 329 to be effective 11/18/2020. C.I. Pigment Violet 29; Revised Draft I. Pigment Violent 29 under the Toxic Filed Date: 11/17/20. Toxic Substances Control Act (TSCA) Substances Control Act (TSCA). EPA Accession Number: 20201117–5031. Risk Evaluation; Notice of Availability, conducts TSCA risk evaluations to Comments Due: 5 p.m. ET 12/8/20. Letter Peer Review and Public determine whether a chemical Docket Numbers: ER21–424–000. Comment; Extension of Comment Period substance presents an unreasonable risk Applicants: Michigan Electric of injury to health or the environment Transmission Company, LLC. AGENCY: Environmental Protection without consideration of costs or other Description: Authorization To Agency (EPA). nonrisk factors, including an Recover Costs of Michigan Electric ACTION: Notice. unreasonable risk to potentially exposed Transmission Company, LLC. or susceptible subpopulations, under Filed Date: 11/16/20. SUMMARY: In the Federal Register of the conditions of use. The draft risk Accession Number: 20201116–5287. October 30, 2020, EPA announced the evaluation for C.I. Pigment Violet 29 has Comments Due: 5 p.m. ET 12/7/20. availability of and sought public been revised to include information Docket Numbers: ER21–425–000. comment on a revised draft risk EPA received from the manufacturing Applicants: Copper Mountain Solar 5, evaluation of C. I. Pigment Violent 29 stakeholders as a result of a TSCA LLC. under the Toxic Substances Control Act section 4 order requiring testing of the Description: Baseline eTariff Filing: (TSCA). This document extends the chemical substance. Copper Mountain Solar 5, LLC MBR to comment period for 20 days, from EPA is extending the comment be effective 1/16/2021. November 30, 2020 to December 19, period, which was set to end on Filed Date: 11/17/20. 2020. November 30, 2020, to provide

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additional time for the public to review confirmation of receipt by calling the SUMMARY: Pursuant to the Federal and comment on this revised draft risk Executive Secretariat staff at (202) 663– Deposit Insurance Act, the Board of evaluation prior to publishing a final 4070 (voice) or (202) 663–4074 (TTY). Directors of the Federal Deposit risk evaluation (see Unit III. in the (These are not toll free numbers.) Insurance Corporation designates that Federal Register document of October • Mail: Bernadette B. Wilson, the Designated Reserve Ratio (DRR) for 30, 2020). Executive Officer, Executive Secretariat, the Deposit Insurance Fund shall To submit comments, or access the U.S. Equal Employment Opportunity remain at 2 percent for 2021.1 The docket, please follow the detailed Commission, 131 M Street NE, Board is publishing this notice as instructions provided under ADDRESSES Washington, DC 20507. required by the Federal Deposit of this document. If you have questions, Instructions: The Commission invites Insurance Act. comments from all interested parties. consult the person listed under FOR FOR FURTHER INFORMATION CONTACT: All comment submissions must include FURTHER INFORMATION CONTACT. Ashley Mihalik, Chief, Banking and the agency name and docket number or Regulatory Policy Section, Division of Authority: 15 U.S.C. 2601 et seq. the Regulatory Information Number Insurance and Research, (202) 898– Dated: November 17, 2020. (RIN) for this rulemaking. Comments 3793, [email protected]; Robert Grohal, Alexandra Dapolito Dunn, need be submitted in only one of the Chief, Fund Analysis and Pricing above-listed formats. All comments Assistant Administrator, Office of Chemical Section, Division of Insurance and Safety and Pollution Prevention. received will be posted without change Research, (202) 898–6939, rgrohal@ to http://www.regulations.gov, including [FR Doc. 2020–25823 Filed 11–20–20; 8:45 am] fdic.gov; or Nefretete Smith, Counsel, BILLING CODE 6560–50–P any personal information you provide. Docket: For access to comments Legal Division, (202) 898–6851, received, go to http:// [email protected]. EQUAL EMPLOYMENT OPPORTUNITY www.regulations.gov. Although copies Federal Deposit Insurance Corporation. COMMISSION of comments received are usually also By order of the Board of Directors. available for review at the Commission’s Dated at Washington, DC, on November 17, [3046–ZA01] library, given the EEOC’s current 100% 2020. telework status due to the COVID–19 James P. Sheesley, Notice of Availability; Proposed pandemic, the Commission’s library is Updated Compliance Manual on Assistant Executive Secretary. closed until further notice. Once the [FR Doc. 2020–25820 Filed 11–20–20; 8:45 am] Religious Discrimination Commission’s library is re-opened, BILLING CODE 6714–01–P AGENCY: Equal Employment copies of comments received in Opportunity Commission. response to the proposed rule will be made available for viewing by ACTION: Notice of availability. appointment only at 131 M Street NE, FEDERAL RESERVE SYSTEM Suite 4NW08R, Washington, DC 20507, SUMMARY: The Equal Employment Change in Bank Control Notices; Opportunity Commission (EEOC or between the hours of 9:30 a.m. and 5:00 p.m. Acquisitions of Shares of a Bank or Commission) is announcing the Bank Holding Company availability of a draft updated guidance, FOR FURTHER INFORMATION CONTACT: entitled ‘‘Proposed Updated Compliance Andrew Maunz, Legal Counsel, Office of The notificants listed below have Manual on Religious Discrimination.’’ Legal Counsel, (202) 663–4609 or applied under the Change in Bank The proposed updated guidance [email protected]. Control Act (Act) (12 U.S.C. 1817(j)) and explains a variety of issues applicable to SUPPLEMENTARY INFORMATION: The EEOC § 225.41 of the Board’s Regulation Y (12 religious discrimination claims, is publishing the proposed Updated CFR 225.41) to acquire shares of a bank discusses typical scenarios in which Compliance Manual on Religious or bank holding company. The factors religious discrimination and requests for Discrimination for comment pursuant to that are considered in acting on the religious accommodation may arise, and E.O. 13891 and the implementing applications are set forth in paragraph 7 provides guidance to employers on how regulations at 29 CFR part 1695. of the Act (12 U.S.C. 1817(j)(7)). to balance the needs of individuals in a The proposed updated guidance is The public portions of the diverse religious climate. The proposed available for comment on https:// applications listed below, as well as guidance, when finalized, will www.regulations.gov under EEOC– other related filings required by the supersede the Commission’s 2020–0007. It can also be accessed Board, if any, are available for Compliance Manual on Religious through www.eeoc.gov/guidance. immediate inspection at the Federal Discrimination issued on July 22, 2008. Dated: November 17, 2020. Reserve Bank(s) indicated below and at DATES: Comments are due on or before Janet Dhillon, the offices of the Board of Governors. December 17, 2020. Chair. This information may also be obtained on an expedited basis, upon request, by ADDRESSES: You may submit comments, [FR Doc. 2020–25736 Filed 11–20–20; 8:45 am] contacting the appropriate Federal identified by RIN Number 3046–ZA01, BILLING CODE 6570–01–P Reserve Bank and from the Board’s by any of the following methods: Freedom of Information Office at • Federal eRulemaking Portal: http:// https://www.federalreserve.gov/foia/ www.regulations.gov. Follow the FEDERAL DEPOSIT INSURANCE request.htm. Interested persons may instructions for submitting comments. CORPORATION express their views in writing on the • Fax: (202) 663–4114. (There is no standards enumerated in paragraph 7 of toll free fax number.) Only comments of Designated Reserve Ratio for 2021 the Act. six or fewer pages will be accepted via AGENCY: Federal Deposit Insurance fax transmittal, in order to assure access Corporation. 1 to the equipment. Receipt of FAX Section 327.4(g) of the FDIC’s regulations sets ACTION: Notice of Designated Reserve forth the DRR. See 12 CFR 327.4(g). There is no transmittals will not be acknowledged, Ratio for 2021. need to amend this provision, because the DRR for except that the sender may request 2021 is the same as the current DRR.

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Comments regarding each of these Bessemer Trust Company, also of Hart-Scott-Rodino Antitrust applications must be received at the Woodbridge, New Jersey. Improvements Act of 1976, requires Reserve Bank indicated or the offices of B. Federal Reserve Bank of Chicago persons contemplating certain mergers the Board of Governors, Ann E. (Colette A. Fried, Assistant Vice or acquisitions to give the Federal Trade Misback, Secretary of the Board, 20th President) 230 South LaSalle Street, Commission and the Assistant Attorney Street and Constitution Avenue NW, Chicago, Illinois 60690–1414: General advance notice and to wait Washington, DC 20551–0001, not later 1. Alliance Bancorp Employee Stock designated periods before Ownership Plan with 401(k) Provisions, than December 8, 2020. consummation of such plans. Section A. Federal Reserve Bank of New York Francesville, Indiana; Shane R. Pilarski, 7A(b)(2) of the Act permits the agencies, (Ivan Hurwitz, Senior Vice President) 33 and Ronald K. Kruger, both of in individual cases, to terminate this Liberty Street, New York, New York Francesville, Indiana; and Alyssa M. 10045–0001. Comments can also be sent Chapman, Winamac, Indiana; all as waiting period prior to its expiration electronically to administrators and as a group acting in and requires that notice of this action be [email protected]: concert, to retain voting shares of published in the Federal Register. 1. Martha P. Maguire, Guilford, Alliance Bancorp, and thereby The following transactions were Connecticut; as trustee of the following indirectly retain voting shares of granted early termination—on the dates trusts: JGD III (J. Gordon Douglas, III) & Alliance Bank, both of Francesville, indicated—of the waiting period DESC UA 8 A3 UW MB (Margaret Indiana. provided by law and the premerger Boegner) BGI Trusts, New York, New Board of Governors of the Federal Reserve notification rules. The listing for each York; the Andrew P. Sidamon-Eristoff System, November 18, 2020. transaction includes the transaction 2003 Grantor Retained Annuity Trust, Michele Taylor Fennell, number and the parties to the the Elizabeth Sidamon-Eristoff 2003 Deputy Associate Secretary of the Board. transaction. The grants were made by Grantor Retained Annuity Trust, the [FR Doc. 2020–25850 Filed 11–20–20; 8:45 am] the Federal Trade Commission and the Simon Sidamon-Eristoff 2003 Grantor BILLING CODE P Assistant Attorney General for the Retained Annuity Trust, a Trust f/b/o Allan L. Martin and his Descendants Antitrust Division of the Department of under Article Ninth (A)(1) of the Will of Justice. Neither agency intends to take Townsend B. Martin and a Trust f/b/o FEDERAL TRADE COMMISSION any action with respect to these Michael T. Martin and his descendants proposed acquisitions during the Granting of Requests for Early applicable waiting period. under Article Ninth (A)(1) of the Will of Termination of the Waiting Period Townsend B. Martin, all of Woodbridge, Under the Premerger Notification New Jersey; to acquire voting shares of Rules The Bessemer Group, Incorporated, Woodbridge, New Jersey, and thereby Section 7A of the Clayton Act, 15 indirectly acquire voting shares of U.S.C. 18a, as added by Title II of the

EARLY TERMINATIONS GRANTED—OCTOBER 1, 2020 THRU OCTOBER 31, 2020

10/01/2020

20201554 ...... G SoftBank Vision Fund (AIV M1) L.P.; Plenty Unlimited Inc.; SoftBank Vision Fund (AIV M1) L.P. 20201572 ...... G Roelof F. Botha; Square, Inc.; Roelof F. Botha.

10/02/2020

20201544 ...... G GuideWell Mutual Holding Corporation; NDBH Holding Company, L.L.C.; GuideWell Mutual Holding Corporation.

10/07/2020

20201340 ...... G NRG Energy, Inc.; Centrica plc; NRG Energy, Inc. 20201344 ...... G Liberty Media Corporation; The E.W. Scripps Company; Liberty Media Corporation. 20201557 ...... G Intrepid Topco, Inc.; Vista Equity Partners Fund VI, L.P.; Intrepid Topco, Inc. 20201573 ...... G Gold Parent, L.P.; Carlyle Partners VII Cayman, L.P.; Gold Parent, L.P. 20201575 ...... G Tencent Holdings Limited; Mr. Yuk Kwok Cheung Charles; Tencent Holdings Limited. 20201577 ...... G Diploma PLC; Carefree Capital, Inc.; Diploma PLC. 20201579 ...... G Vector Capital V, L.P.; MarkLogic Corporation; Vector Capital V, L.P. 20201580 ...... G Centerbridge Capital Partners III, L.P.; Patrick Cronin; Centerbridge Capital Partners III, L.P. 20201581 ...... G Centerbridge Capital Partners III, L.P.; Peter Castaldi; Centerbridge Capital Partners III, L.P. 20201582 ...... G KPS Special Situations Fund V, LP; Garrett Motion Inc.; KPS Special Situations Fund V, LP. 20201584 ...... G Telefonaktiebolaget LM Ericsson; CradlePoint, Inc.; Telefonaktiebolaget LM Ericsson. 20201585 ...... G Red Ventures Holdco, LP; National Amusements, Inc.; Red Ventures Holdco, LP. 20201592 ...... G Green Equity Investors Side VIII, L.P.; Warburg Pincus Private Equity XII, L.P.; Green Equity Investors Side VIII, L.P. 20201595 ...... G GTCR (AP) Investors LP; People’s United Financial, Inc.; GTCR (AP) Investors LP. 20201596 ...... G ORIX Corporation; John P. Manning; ORIX Corporation. 20201597 ...... G Accenture plc; Seven Seas Business Ventures, LLC; Accenture plc. 20201598 ...... G Carlyle Partners VII, LP; Tribute Technology Holdings, LLC; Carlyle Partners VII, LP. 20201599 ...... G Compass Diversified Holdings; David T. Traitel; Compass Diversified Holdings.

10/09/2020

20201332 ...... G Roper Technologies, Inc.; Allscripts Healthcare Solutions, Inc.; Roper Technologies, Inc. 20201339 ...... G Thoma Bravo Discover Fund Global, L.P.; K2 Software, Inc.; Thoma Bravo Discover Fund Global, L.P.

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EARLY TERMINATIONS GRANTED—OCTOBER 1, 2020 THRU OCTOBER 31, 2020—Continued 20201591 ...... G Newhouse Broadcasting Corporation; Spectrum Equity Investors VI, L.P.; Newhouse Broadcasting Corporation.

10/13/2020

20201357 ...... G KPS Special Situations Fund IV, LP; Schlumberger N.V. (Schlumberger Limited); KPS Special Situations Fund IV, LP.

10/14/2020

20201610 ...... G EnPro Industries, Inc.; Michael A. Scobey; EnPro Industries, Inc. 20201612 ...... G Ardian North America Fund II, LP; Acousti Engineering Company of Florida; Ardian North America Fund II, LP. 20201614 ...... G Steven A. Cohen; Mets Holdco LLC; Steven A. Cohen. 20201616 ...... G CSC Veregy Holdings, L.P.; CTS Super Holdco, LLC; CSC Veregy Holdings, L.P. 20201626 ...... G Icon Software Partners, L.P.; Pulse Secure Holdings, LLC; Icon Software Partners, L.P. 20201629 ...... G Michael Hollingshead and Melissa Hollingshead; Sequatchie Concrete Service, Inc.; Michael Hollingshead and Melissa Hollingshead. 20201635 ...... G Corporate Travel Management Limited; Travel and Transport, lnc.; Corporate Travel Management Limited. 20201636 ...... G Global Infrastructure Solutions Inc.; Rocco Trotta; Global Infrastructure Solutions Inc. 20201640 ...... G Justin Mirro; QuantumScape Corporation; Justin Mirro. 20201641 ...... G Sun Communities, Inc.; Safe Harbor Marinas, LLC; Sun Communities, Inc. 20201645 ...... G Mr. Michael J. Angelakis; Mr. Terrence L. Wright; Mr. Michael J. Angelakis. 20210001 ...... G Warburg Pincus Global Growth, L.P.; Kenneth A. LoBianco Revocable Trust,; Warburg Pincus Global Growth, L.P. 20210003 ...... G Koninklijke Vopak N.V.; The Dow Chemical Company; Koninklijke Vopak N.V. 20210004 ...... G Global Energy & Power Infrastructure Fund III, L.P.; The Dow Chemical Company; Global Energy & Power Infrastructure Fund III, L.P. 20210005 ...... G Pivotal Investment Corporation II; XL Hybrids, Inc.; Pivotal Investment Corporation II.

10/15/2020

20210009 ...... G Legacy Acquisition Sponsor I LLC; In Colour Capital; Legacy Acquisition Sponsor I LLC. 20210010 ...... G Trident VIII, L.P.; Vista Foundation Fund II (Cayman) L.P.; Trident VIII, L.P. 20210012 ...... G KPAE Holdings, L.P.; The Resolute Fund III, L.P.; KPAE Holdings, L.P. 20210014 ...... G New Mountain Partners VI Direct Aggregator, L.P.; Alpine Investors V, LP; New Mountain Partners VI Direct Aggregator, L.P. 20210015 ...... G PPC Fund II LP; Robert N. Schlott; PPC Fund II LP. 20210016 ...... G PPC Fund II LP; Sterling Group Partners III, L.P.; PPC Fund II LP. 20210017 ...... G Seth Goldman; Beyond Meat, Inc.; Seth Goldman. 20210021 ...... G Republic Services, Inc.; Roskowiak Holdings Inc.; Republic Services, Inc.

10/16/2020

20201613 ...... G Capital Dynamics Clean Energy Infrastructure Investors X SCS; LS Power Holdings, LP; CapitalDynamics Clean Energy Infrastructure Investors X SCS. 20201632 ...... G Trian Star Trust; Comcast Corporation; Trian Star Trust. 20201633 ...... G Trian Partners, L.P.; Comcast Corporation; Trian Partners, L.P. 20201634 ...... G Trian Partners Strategic Investment Fund-N, L.P.; Comcast Corporation; Trian Partners Strategic Investment Fund-N, L.P.

10/20/2020

20201033 ...... G Alstom S.A.; Bombardier Inc.; Alstom S.A. 20201639 ...... G Brightstar Capital Partners Fund II, L.P.; SoftBank Group Corporation; Brightstar Capital Partners Fund II, L.P. 20210027 ...... G Surgalign Holdings, Inc.; Pawel Lewicki; Surgalign Holdings, Inc. 20210028 ...... G Alphabet Inc.; Intuit Inc.; Alphabet Inc. 20210029 ...... G Partners Group Raven Parent, LLC; Arcanum Infrastructure, LLC; Partners Group Raven Parent, LLC. 20210037 ...... G KKR Core Holding Company LLC; CNT Holdings I Corp.; KKR Core Holding Company LLC. 20210038 ...... G Switchback Energy Acquisition Corporation; ChargePoint, Inc.; Switchback Energy Acquisition Corporation. 20210045 ...... G Landmark Services Cooperative; Countryside Cooperative; Landmark Services Cooperative. 20210046 ...... G H.I.G. Advantage Buyout Fund, L.P.; The Resolute Fund III, L.P.; H.I.G. Advantage Buyout Fund, L.P. 20210048 ...... G GHO Capital Fund II LP; Excellere Capital Fund II, LP; GHO Capital Fund II LP. 20210052 ...... G NextEra Energy, Inc.; Blackstone Power & Natural Resources Holdco L.P.; NextEra Energy, Inc. 20210056 ...... G Snow Phipps III, L.P.; Innovative Labeling Solutions, Inc.; Snow Phipps III, L.P. 20210060 ...... G LS Group Parent OpCo Holdings Inc.; LS OpCo, LLC; LS Group Parent OpCo Holdings Inc.

10/22/2020

20210051 ...... G SolarWinds Corporation; SQL Sentry Holdings, LLC; SolarWinds Corporation. 20210062 ...... G Devon Energy Corporation; WPX Energy, Inc.; Devon Energy Corporation. 20210066 ...... G Gryphon Partners VI, L.P.; Vessco Holdings, LLC; Gryphon Partners VI, L.P. 20210067 ...... G EnCap Energy Capital Fund X, L.P.; Devon Energy Corporation; EnCap Energy Capital Fund X, L.P. 20210068 ...... G Data Bridge Holdings, LLC; Front Range Parent, LP; Data Bridge Holdings, LLC. 20210071 ...... G Simon Property Group, Inc.; J.C. Penney Company, Inc.; Simon Property Group, Inc. 20210072 ...... G Halmont Properties Corporation; J.C. Penney Company, Inc.; Halmont Properties Corporation. 20210075 ...... G The Providence Service Corporation; One Equity Partners VI, L.P.; The Providence Service Corporation. 20210076 ...... G Novus Capital Corporation; AppHarvest, Inc.; Novus Capital Corporation.

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EARLY TERMINATIONS GRANTED—OCTOBER 1, 2020 THRU OCTOBER 31, 2020—Continued 10/23/2020

20201240 ...... G Berkshire Hathaway Inc.; Dominion Energy, Inc.; Berkshire Hathaway Inc. 20201605 ...... G Sompo Holdings, Inc.; ITOCHU Corporation; Sompo Holdings, Inc. 20201621 ...... G Sompo Holdings, Inc.; National Federation of Agricultural Co-operative; Sompo Holdings, Inc. 20210018 ...... G Daniel Kretinsky; Macy’s Inc.; Daniel Kretinsky.

10/26/2020

20210050 ...... G James S. Mahan III; Live Oak Bancshares, Inc.; James S. Mahan III. 20210074 ...... G State Farm Mutual Automobile Insurance Company; GAINSCO, Inc.; State Farm Mutual Automobile Insurance Company. 20210081 ...... G GP ABX Holdings Partnership, L.P.; Berry Global Group, Inc.; GP ABX Holdings Partnership, L.P. 20210082 ...... G Twilio Inc.; Segment.io, Inc.; Twilio Inc. 20210084 ...... G Peter Reinhardt; Twilio Inc.; Peter Reinhardt. 20210085 ...... G H.I.G. Advantage Buyout Fund, L.P.; Vistria Fund II, LP; H.I.G. Advantage Buyout Fund, L.P. 20210087 ...... G Onex OD Limited Partnership; New Mountain Partners V (AIV–A), L.P.; Onex OD Limited Partnership. 20210088 ...... G Live Oak Acquisition Corp.; Meredian Holdings Group, Inc.; Live Oak Acquisition Corp. 20210089 ...... G Centerbridge Capital Partners III, L.P.; LSF9 Pharaoh L.P.; Centerbridge Capital Partners III, L.P. 20210091 ...... G Oaktree Acquisition Corp.; Hims, Inc.; Oaktree Acquisition Corp. 20210098 ...... G OMERS Administration Corporation; Trivest Fund V, L.P.; OMERS Administration Corporation. 20210103 ...... G Kobe US Holdco, LP; Golden Gate Capital Opportunity Fund, L.P.; Kobe US Holdco, LP. 20210107 ...... G David B. Baszucki; Roblox Corporation; David B. Baszucki. 20210110 ...... G Molina Healthcare, Inc.; Affinity Health Plan, Inc.; Molina Healthcare, Inc.

10/27/2020

20210096 ...... G USI Advantage Corp.; Findley Inc.; USI Advantage Corp. 20210097 ...... G Bain Capital Europe Fund V, SCSp; Ahlstrom-Munksjo Oyj; Bain Capital Europe Fund V, SCSp. 20210118 ...... G WCAS XIII, L.P.; Mr. Brian V. Moran; WCAS XIII, L.P.

10/28/2020

20191294 ...... G Waste Management Inc.; Advanced Disposal Services, Inc.; Waste Management Inc. 20210061 ...... G Bastian Lehmann; Uber Technologies, Inc.; Bastian Lehmann. 20210112 ...... G RMG Acquisition Corp.; Michael Patterson; RMG Acquisition Corp. 10/29/2020

20201624 ...... G Chamath Palihapitiya; Opendoor Labs Inc.; Chamath Palihapitiya.

10/30/2020

20191972 ...... S Upjohn Inc.; Mylan N.V.; Upjohn Inc.

FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF DEFENSE collection requirement regarding Theresa Kingsberry (202–326–3100), contract financing. Program Support Specialist, Federal GENERAL SERVICES DATES: Submit comments on or before Trade Commission Premerger ADMINISTRATION December 23, 2020. Notification Office, Bureau of ADDRESSES: Written comments and Competition, Room CC–5301, NATIONAL AERONAUTICS AND recommendations for this information Washington, DC 20024. SPACE ADMINISTRATION collection should be sent within 30 days of publication of this notice to By direction of the Commission. [OMB Control No. 9000–0138; Docket No. www.reginfo.gov/public/do/PRAMain. April J. Tabor, 2020–0053; Sequence No. 9] Find this particular information Acting Secretary. collection by selecting ‘‘Currently under [FR Doc. 2020–25756 Filed 11–20–20; 8:45 am] Submission for OMB Review; Contract Review—Open for Public Comments’’ or Financing BILLING CODE 6750–01–P by using the search function. Additionally submit a copy to GSA AGENCY: Department of Defense (DOD), through http://www.regulations.gov and General Services Administration (GSA), follow the instructions on the site. This and National Aeronautics and Space website provides the ability to type Administration (NASA). short comments directly into the ACTION: Notice. comment field or attach a file for lengthier comments. SUMMARY: Under the provisions of the Instructions: All items submitted Paperwork Reduction Act, the must cite OMB Control No. 9000–0138, Regulatory Secretariat Division has Contract Financing. Comments received submitted to the Office of Management generally will be posted without change and Budget (OMB) a request to review to http://www.regulations.gov, including and approve a revision and renewal of any personal and/or business a previously approved information confidential information provided. To

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confirm receipt of your comment(s), contractor’s request for performance- and National Aeronautics and Space please check www.regulations.gov, based payment to include any Administration (NASA). approximately two-to-three days after information and documentation as ACTION: Notice and request for submission to verify posting. If there are required by the contract’s description of comments. difficulties submitting comments, the basis for payment; and a contact the GSA Regulatory Secretariat certification by a contractor official SUMMARY: In accordance with the Division at 202–501–4755 or authorized to bind the contractor. Paperwork Reduction Act of 1995, and [email protected]. The contracting officer uses the the Office of Management and Budget FOR FURTHER INFORMATION CONTACT: required information to review and (OMB) regulations, DoD, GSA, and Zenaida Delgado, Procurement Analyst, approve contract financing requests, and NASA invite the public to comment on at telephone 202–969–7207, or establish and administer contract a revision and renewal concerning [email protected]. financing terms. organization and direction of the work. SUPPLEMENTARY INFORMATION: C. Common Form DoD, GSA, and NASA invite comments on: Whether the proposed collection of A. OMB Control Number, Title, and This information collection is being Any Associated Form(s) information is necessary for the proper converted into a common form. The performance of the functions of Federal 9000–0138, Contract Financing. General Services Administration is the Government acquisitions, including sponsor agency of this common form. B. Need and Uses whether the information will have All executive agencies covered by the practical utility; the accuracy of the This clearance covers the information Federal Acquisition Regulation will use estimate of the burden of the proposed that offerors and contractors must this common form. Each executive information collection; ways to enhance submit to comply with the following agency will report their agency burden the quality, utility, and clarity of the Federal Acquisition Regulation (FAR) separately, and the reported information information to be collected; and ways to requirements: will be available at Reginfo.gov. FAR 52.232–28, Invitation to Propose minimize the burden of the information Performance-Based Payments. This D. Annual Burden collection on respondents, including the use of automated collection techniques provision requires an offeror, when General Services Administration invited to propose terms under which or other forms of information the Government will make performance- Respondents: 83. technology. OMB has approved this based contract financing payments Total Annual Responses: 06. information collection for use through during contract performance, to include Total Burden Hours: 1,012. February 28, 2021. DoD, GSA, and NASA propose that OMB extend its the following: The proposed contractual E. Public Comment language describing the performance- approval for use for three additional A 60-day notice was published in the based payments; information addressing years beyond the current expiration Federal Register at 85 FR 58058 on the contractor’s investment in the date. September 17, 2020. No comments were contract and a listing of— DATES: DoD, GSA, and NASA will (i) The projected performance-based received. Obtaining copies: Requesters may consider all comments received by payment dates and the projected January 22, 2021. payment amounts; and obtain a copy of the information (ii) The projected delivery date and collection documents from the GSA ADDRESSES: DoD, GSA, and NASA the projected payment amount. Regulatory Secretariat Division, by invite interested persons to submit FAR 52.232–29, Terms for Financing calling 202–501–4755 or emailing comments on this collection through of Purchases of Commercial Items. [email protected]. Please cite OMB http://www.regulations.gov and follow FAR 52.232–30, Installment Payments Control No. 9000–0138, Contract the instructions on the site. This website for Commercial Items. These clauses Financing. provides the ability to type short comments directly into the comment require contractors, under commercial William F. Clark, purchases pursuant to FAR part 12, to field or attach a file for lengthier Director, Federal Acquisition Policy Division, comments. If there are difficulties include with their payment requests an Office of Governmentwide Acquisition Policy, appropriately itemized statement of the Office of Acquisition Policy, Office of submitting comments, contact the GSA financing payments requested and other Governmentwide Policy. Regulatory Secretariat Division at 202– supporting information, prepared in [FR Doc. 2020–25796 Filed 11–20–20; 8:45 am] 501–4755 or [email protected]. concert with the contracting officer. BILLING CODE 6820–EP–P Instructions: All items submitted FAR 52.232–31, Invitation to Propose must cite OMB Control No. 9000–0064, Financing Terms. This provision Organization and Direction of the Work. requires an offeror, when invited to DEPARTMENT OF DEFENSE Comments received generally will be propose terms under which the posted without change to http:// Government will make contract GENERAL SERVICES www.regulations.gov, including any financing payments during contract ADMINISTRATION personal and/or business confidential performance under commercial information provided. To confirm purchases pursuant to FAR part 12, to NATIONAL AERONAUTICS AND receipt of your comment(s), please include the following: The proposed SPACE ADMINISTRATION check www.regulations.gov, contractual language describing the approximately two-to-three days after contract financing; and a listing of the [OMB Control No. 9000–0064; Docket No. 2020–0053; Sequence No. 17] submission to verify posting. earliest date and greatest amount at FOR FURTHER INFORMATION CONTACT: Mr. which each contract financing payment Information Collection; Organization Ted Croushore, Procurement Analyst, at may be payable and the amount of each and Direction of the Work telephone 703–605–9804, or delivery payment. FAR 52.232–32, Performance-Based AGENCY: Department of Defense (DOD), [email protected]. Payments. This clause requires the General Services Administration (GSA), SUPPLEMENTARY INFORMATION:

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A. OMB Control Number, Title, and providers that are initially enrolling in • A Medicare physician or non- Any Associated Form(s) the Medicare or Medicaid program or physician practitioner submitting a 9000–0064, Organization and Direction the Children’s Health Insurance CMS–855I. • of the Work Program (CHIP); revalidating their A prospective or revalidating Medicare, Medicaid, or CHIP Medicaid or CHIP provider— B. Need and Uses enrollment; or adding a new Medicare ++ Who is an individual physician or This clearance covers the information practice location. This fee is required non-physician practitioner; or that contractors must submit to comply with any enrollment application ++ That is enrolled in Title XVIII of with the following Federal Acquisition submitted on or after January 1, 2021 the Act or another state’s Title XIX or Regulation (FAR) requirement: and on or before December 31, 2021. XXI plan and has paid the application • 52.236–19, Organization and DATES: The application fee announced fee to a Medicare contractor or another Direction of the Work. This clause in this notice is effective on January 1, state. requires contractors, under cost- 2021. II. Provisions of the Notice reimbursement construction contracts, FOR FURTHER INFORMATION CONTACT: Section 1866(j)(2)(C)(i)(I) of the Act to submit to the contracting officer a Melissa Singer, (410) 786–0365. chart showing the general executive and established a $500 application fee for administrative organization, the SUPPLEMENTARY INFORMATION: institutional providers in calendar year personnel to be employed in connection I. Background (CY) 2010. Consistent with section with the work under the contract, and 1866(j)(2)(C)(i)(II) of the Act, their respective duties. The contractor In the February 2, 2011 Federal § 424.514(d)(2) states that for CY 2011 must keep the data furnished current by Register (76 FR 5862), we published a and subsequent years, the preceding supplementing it as additional final rule with comment period titled year’s fee will be adjusted by the information becomes available. ‘‘Medicare, Medicaid, and Children’s percentage change in the consumer The contracting officer uses the Health Insurance Programs; Additional price index (CPI) for all urban information to ensure the work is Screening Requirements, Application consumers (all items; United States city performed by qualified personnel at a Fees, Temporary Enrollment Moratoria, average, CPI U) for the 12 month period reasonable cost to the Government. Payment Suspensions and Compliance ending on June 30 of the previous year. Plans for Providers and Suppliers.’’ This Each year since 2011, accordingly, we C. Annual Burden rule finalized, among other things, have published in the Federal Register Respondents: 34. provisions related to the submission of an announcement of the application fee Total Annual Responses: 34. application fees as part of the Medicare, amount for the forthcoming CY based on Total Burden Hours: 26. Medicaid, and CHIP provider the formula noted previously. Most Obtaining Copies: Requesters may enrollment processes. As provided in recently, in the November 12, 2019 obtain a copy of the information section 1866(j)(2)(C)(i) of the Social Federal Register (84 FR 61058), we collection documents from the GSA Security Act (the Act) and in 42 CFR published a notice announcing a fee Regulatory Secretariat Division by 424.514, ‘‘institutional providers’’ that amount for the period of January 1, 2020 calling 202–501–4755 or emailing are initially enrolling in the Medicare or through December 31, 2020 of $595.00. [email protected]. Please cite OMB Medicaid programs or CHIP, The $595.00 fee amount for CY 2020 Control No. 9000–0064, Organization revalidating their enrollment, or adding was used to calculate the fee amount for and Direction of the Work. a new Medicare practice location are 2021 as specified in § 424.514(d)(2). required to submit a fee with their William F. Clark, According to Bureau of Labor enrollment application. An Statistics (BLS) data, the CPU–U Director, Federal Acquisition Policy Division, ‘‘institutional provider’’ for purposes of Office of Governmentwide Acquisition Policy, increase for the period of July 1, 2019 Office of Acquisition Policy, Office of Medicare is defined at § 424.502 as ‘‘any through June 30, 2020 was 0.6 percent. Governmentwide Policy. provider or supplier that submits a As required by § 424.514(d)(2), the paper Medicare enrollment application [FR Doc. 2020–25801 Filed 11–20–20; 8:45 am] preceding year’s fee of $595 will be using the CMS–855A, CMS–855B (not BILLING CODE 6820–EP–P adjusted by the CPI–U of 0.6 percent. including physician and non-physician This results in a CY 2021 application fee practitioner organizations), CMS–855S, amount of $598.57 ($595 × 1.006). As CMS–20134, or associated internet- we must round this to the nearest whole DEPARTMENT OF HEALTH AND based PECOS enrollment application.’’ HUMAN SERVICES dollar amount, the resultant application As we explained in the February 2, 2011 fee amount for CY 2021 is $599. final rule (76 FR 5914), in addition to Centers for Medicare & Medicaid III. Collection of Information Services the providers and suppliers subject to the application fee under Medicare, Requirements [CMS–6090–N] Medicaid-only and CHIP-only This document does not impose institutional providers would include information collection requirements, Medicare, Medicaid, and Children’s nursing facilities, intermediate care that is, reporting, recordkeeping, or Health Insurance Programs; Provider facilities for persons with intellectual third-party disclosure requirements. Enrollment Application Fee Amount for disabilities (ICF/IID), psychiatric Consequently, there is no need for Calendar Year 2021 residential treatment facilities, and may review by the Office of Management and AGENCY: Centers for Medicare & include other institutional provider Budget under the authority of the Medicaid Services (CMS), HHS. types designated by a state in Paperwork Reduction Act of 1995. accordance with their approved state ACTION: Notice. However, it does reference previously plan. approved information collections. The SUMMARY: This notice announces a As indicated in § 424.514 and Forms CMS–855A, CMS–855B, and $599.00 calendar year (CY) 2021 § 455.460, the application fee is not CMS–855I are approved under OMB application fee for institutional required for either of the following: control number 0938–0685; the Form

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CMS–855S is approved under OMB 2. Medicaid and CHIP million. The Agency has determined control number 0938–1056. Based on CMS and state statistics, we that there will be minimal impact from the costs of this notice, as the threshold IV. Regulatory Impact Statement estimate that approximately 30,000 (9,000 newly enrolling + 21,000 is not met under the UMRA. Executive Order 13132 establishes A. Background revalidating) Medicaid and CHIP certain requirements that an agency We have examined the impact of this institutional providers will be subject to must meet when it promulgates a an application fee in CY 2021. Using notice as required by Executive Order proposed rule (and subsequent final this figure, we project an increase in the 12866 on Regulatory Planning and rule) that imposes substantial direct cost of the Medicaid and CHIP Review (September 30, 1993), Executive requirement costs on state and local application fee requirement in CY 2021 Order 13563 on Improving Regulation governments, preempts state law, or of $120,000 (or 30,000 × $4 (or $599 and Regulatory Review (January 18, otherwise has federalism implications. minus $595)) from our CY 2020 2011), the Regulatory Flexibility Act Since this notice does not impose projections. (RFA) (September 19, 1980, Pub. L. 96– substantial direct costs on state or local 354), section 1102(b) of the Social 3. Total governments, the requirements of Security Act, section 202 of the Executive Order 13132 are not Unfunded Mandates Reform Act of 1995 Based on the foregoing, we estimate the total increase in the cost of the applicable. (March 22, 1995; Pub. L. 104–4), Executive Order 13771, titled application fee requirement for Executive Order 13132 on Federalism ‘‘Reducing Regulation and Controlling Medicare, Medicaid, and CHIP (August 4, 1999), the Congressional Regulatory Costs,’’ was issued on providers and suppliers in CY 2021 to Review Act (5 U.S.C. 804(2)), and January 30, 2017 (82 FR 9339, February be $329,324 ($209,324 + $120,000) from Executive Order 13771 on Reducing 3, 2017). It has been determined that our CY 2020 projections. Regulation and Controlling Regulatory this notice is a transfer notice that does The RFA requires agencies to analyze Costs (January 30, 2017). not impose more than de minimis costs options for regulatory relief of small Executive Orders 12866 and 13563 and thus is not a regulatory action for businesses. For purposes of the RFA, direct agencies to assess all costs and the purposes of E.O. 13771. benefits of available regulatory small entities include small businesses, In accordance with the provisions of alternatives and, if regulation is nonprofit organizations, and small Executive Order 12866, this notice was necessary, to select regulatory governmental jurisdictions. Most reviewed by the Office of Management approaches that maximize net benefits, hospitals and most other providers and and Budget. including potential economic, suppliers are small entities, either by The Administrator of the Centers for environmental, public health and safety nonprofit status or by having revenues Medicare & Medicaid Services (CMS), effects, distributive impacts, and equity. of less than $7.5 million to $38.5 Seema Verma, having reviewed and A regulatory impact analysis (RIA) must million in any 1 year. Individuals and approved this document, authorizes be prepared for major rules with states are not included in the definition Lynette Wilson, who is the Federal economically significant effects ($100 of a small entity. As we stated in the Register Liaison, to electronically sign million or more in any 1 year). As RIA for the February 2, 2011 final rule this document for purposes of explained in this section of the notice, with comment period (76 FR 5952), we publication in the Federal Register. we estimate that the total cost of the do not believe that the application fee Dated: November 17, 2020. increase in the application fee will not will have a significant impact on small exceed $100 million. Therefore, this entities. Lynette Wilson, notice does not reach the $100 million In addition, section 1102(b) of the Act Federal Register Liaison, Department of economic threshold and is not requires us to prepare a regulatory Health and Human Services. considered a major notice. impact analysis if a rule may have a [FR Doc. 2020–25715 Filed 11–20–20; 8:45 am] significant impact on the operations of BILLING CODE 4120–01–P B. Costs a substantial number of small rural The costs associated with this notice hospitals. This analysis must conform to involve the increase in the application the provisions of section 604 of the DEPARTMENT OF HEALTH AND fee amount that certain providers and RFA. For purposes of section 1102(b) of HUMAN SERVICES the Act, we define a small rural hospital suppliers must pay in CY 2021. The CY Centers for Medicare and Medicaid as a hospital that is located outside of 2021 cost estimates are as follows: Services a Metropolitan Statistical Area for 1. Medicare Medicare payment regulations and has [CMS–6063–N6] Based on CMS data, we estimate that fewer than 100 beds. We are not in CY 2021 approximately— preparing an analysis for section 1102(b) Medicare Program; National Expansion • 10,214 newly enrolling institutional of the Act because we have determined, of the Prior Authorization Model for providers will be subject to and pay an and the Secretary certifies, that this Repetitive, Scheduled Non-Emergent application fee; and notice would not have a significant Ambulance Transports • 42,117 revalidating institutional impact on the operations of a substantial AGENCY: Centers for Medicare & providers will be subject to and pay an number of small rural hospitals. Medicaid Services (CMS), HHS. application fee. Section 202 of the Unfunded ACTION: Notice. Using a figure of 52,331 (10,214 newly Mandates Reform Act of 1995 (UMRA) enrolling + 42,117 revalidating) also requires that agencies assess SUMMARY: This notice announces the institutional providers, we estimate an anticipated costs and benefits before national expansion of the Prior increase in the cost of the Medicare issuing any rule whose mandates Authorization Model for Repetitive, application fee requirement in CY 2021 require spending in any 1 year of $100 Scheduled Non-Emergent Ambulance of $209,324 (or 52,331 × $4 (or $599 million in 1995 dollars, updated Transports to all states, but we are minus $595)) from our CY 2020 annually for inflation. In 2020, that delaying the implementation of the projections. threshold was approximately $156 expansion to all additional states due to

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the COVID–19 Public Health Government Accountability Office in for Repetitive, Scheduled Non-Emergent Emergency. The model will continue to October 2012, entitled ‘‘Ambulance Ambulance Transports nationally to all operate in the states currently Providers: Costs and Medicare Margins states if an expansion to all states meets participating in the model under section Varied Widely; Transports of certain statutory requirements for 1115A of the Social Security Act (the Beneficiaries Have Increased,’’ 1 the expansion of models tested under Act), which includes Delaware, the number of basic life support (BLS) non- section 1115A of the Act. These District of Columbia, Maryland, New emergent transports for Medicare Fee- requirements are described in Jersey, North Carolina, Pennsylvania, For-Service beneficiaries increased by paragraphs (1) through (3) of section South Carolina, Virginia, and West 59 percent from 2004 to 2010. A similar 1115A(c) of the Act, and include the Virginia. CMS will continue to monitor finding published by the Department of following: the Public Health Emergency and will Health and Human Services’ Office of • The Secretary determines that such provide public notice before Inspector General (OIG) in a 2006 study, expansion is expected to— implementing the model in additional entitled ‘‘Medicare Payments for ++ Reduce spending under 2 states. Ambulance Transports,’’ indicated a applicable title without reducing the 20 percent nationwide improper DATES: This national expansion begins quality of care; or payment rate for non-emergent on December 2, 2020 in Delaware, the ++ Improve the quality of patient care ambulance transport. Likewise, in June District of Columbia, Maryland, New without increasing spending. 2013, the Medicare Payment Advisory Jersey, North Carolina, Pennsylvania, • The Chief Actuary of CMS certifies Commission published a report 3 that South Carolina, Virginia, and West that such expansion would reduce (or included an analysis of non-emergent Virginia. would not result in any increase in) net ambulance transports to dialysis program spending under applicable FOR FURTHER INFORMATION CONTACT: facilities and found that, during the 5- Angela Gaston, (410) 786–7409. titles. year period between 2007 and 2011, the • Questions regarding the national volume of transports to and from a The Secretary determines that such expansion of the Prior Authorization dialysis facility increased 20 percent, expansion would not deny or limit the Model for Repetitive, Scheduled Non- more than twice the rate of all other coverage or provision of benefits under Emergent Ambulance Transports should ambulance transports combined. the applicable title for applicable be sent to [email protected]. In the October 23, 2015 Federal individuals. SUPPLEMENTARY INFORMATION: Register (80 FR 64418), we published a To date, we have released two interim notice titled ‘‘Medicare Program; evaluation reports conducted by CMS I. Background Expansion of Prior Authorization for contractor, Mathematica Policy A. Overview Repetitive, Scheduled Non-Emergent Research. Most recently, the Second Ambulance Transports,’’ which Interim Evaluation Report 4 found that Section 1115A of the Act authorizes announced the inclusion of six the model was successful in reducing the Secretary to test innovative payment additional states (Delaware, the District repetitive, scheduled non-emergent and service delivery models expected to of Columbia, Maryland, North Carolina, ambulance transport spending and total reduce program expenditures, while West Virginia, and Virginia) in the Prior Medicare spending while maintaining preserving or enhancing the quality of Authorization Model for Repetitive, overall quality of and access to care. care furnished to Medicare, Medicaid, Scheduled Non-Emergent Ambulance These findings were similar to the First and Children’s Health Insurance 5 Transports in accordance with section Interim Evaluation Report. In Program beneficiaries. In the November 515(a) of the Medicare Access and CHIP comparison to groups of similar states, 14, 2014 Federal Register (79 FR Reauthorization Act of 2015 (MACRA) the model has reduced both repetitive, 68271), we published a notice entitled (Pub. L. 114–10). These six states began scheduled non-emergent ambulance ‘‘Medicare Program; Prior Authorization participation on January 1, 2016, and transport use and expenditures, by 63 of Repetitive, Scheduled Nonemergent the model was originally scheduled to percent and 72 percent, respectively, in Ambulance Transports,’’ which end in all nine model states on the model states, resulting in a announced the implementation of a 3- December 1, 2017. reduction of approximately $550 year Medicare prior authorization model We extended the model for 3 million in expenditures over 4 years for under the authority of section 1115A of additional years through December 1, the population examined: Beneficiaries the Act that established a process for 2020, as announced in the December 12, with end-stage renal disease, severe requesting prior authorization for 2017 Federal Register (82 FR 58400), pressure ulcers, or both. The evaluation repetitive, scheduled non-emergent the December 4, 2018 Federal Register reports found that the prior ambulance transport rendered by (83 FR 62577), and the September 16, authorization model overall had no ambulance suppliers garaged in three 2019 Federal Register (84 FR 48620). impact on quality measures or adverse states (New Jersey, Pennsylvania, and events. B. Expansion Criteria South Carolina). These states were On March 28, 2018, the Chief Actuary selected as the initial states for the Section 515(b) of MACRA (Pub. L. of CMS certified that expansion of the model because of their high utilization 114–10) added paragraph (16) to section model would reduce program spending and improper payment rates for these 1834(l) of the Act, which requires that, under the Medicare program, thereby services. The model began on December beginning January 1, 2017, the Secretary satisfying the requirements of section 1, 2014, and was originally scheduled to expand the Prior Authorization Model 1115A(c)(2) of the Act, stating that even end in all three states on December 1, under the most conservative 2017. 1 Government Accountability Office ‘‘Ambulance assumptions, the projected savings from We chose to test this model on Providers: Cost and Medicare Margins Varied expansion would significantly outweigh repetitive, scheduled non-emergent Widely; Transports of Beneficiaries Have ambulance transports because these Increased’’ (GAO–13–6) (October 2012). 2 Office of Inspector General ‘‘Medicare Payment 4 https://innovation.cms.gov/data-and-reports/ services have been historically for Ambulance Transport’’ (January 2006). 2020/rsnat-secondintevalrpt. vulnerable to improper payments. 3 Medicare Payment Advisory Commission, June 5 https://innovation.cms.gov/files/reports/rsnat- According to a study published by the 2013, pages 167–193. firstintevalrpt.pdf.

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the cost of administering the prior medical necessity requirements are met 1115A of the Act. The use of prior authorization policy.6 (see 42 CFR 410.40(e)(1) and (2)).9 authorization does not create new On May 29, 2019, the Secretary of the In addition to the medical necessity clinical documentation requirements. Department of Health and Human requirements, the service must meet all Instead, it requires the same information Services (the Secretary) determined that other Medicare coverage and payment that is already required to support the model met the statutory criteria for requirements, including requirements Medicare payment, just earlier in the expansion under sections 1115A(c)(1) relating to the origin and destination of process. Prior authorization also allows and (c)(3) of the Act. CMS is therefore the transportation, vehicle and staff, and ambulance suppliers to address required under section 1834(l)(16) of the billing and reporting. Additional coverage issues prior to furnishing Act, as added by section 515(b) of information about Medicare coverage of services. Hospital-based ambulance MACRA (Pub. L. 114–10), to expand the ambulance services can be found in 42 providers that are owned or operated by model nationwide. CFR 410.40, 410.41, and in the Medicare a hospital or both, critical access Benefit Policy Manual (Pub. 100–02), hospital, skilled nursing facility, C. Medicare Ambulance Benefit Chapter 10, at http://www.cms.gov/ comprehensive outpatient rehabilitation Medicare may cover ambulance Regulations-and-Guidance/Guidance/ facility, home health agency, or hospice services, including ground (land and Manuals/downloads/bp102c10.pdf. program have not been included in the water) and air ambulance (fixed-wing current model, and are not included in II. Provisions of the Notice and rotary-wing) transport services, only the national model and should not if the ambulance transport service is This notice announces the national request prior authorization. furnished to a beneficiary whose expansion of the Prior Authorization For the national expansion of the medical condition is such that other Model for Repetitive, Scheduled Non- model, the prior authorization process means of transportation are Emergent Ambulance Transports to all will apply in all states and the District contraindicated, to the nearest states under section 1834(l)(16) of the of Columbia to the following Healthcare appropriate facility. The beneficiary’s Act, as added by section 515(b) of Common Procedure Coding System condition must require both the MACRA (Pub. L. 114–10). Due to the (HCPCS) codes for Medicare payment: • ambulance transportation itself and the COVID–19 Public Health Emergency, we A0426 Ambulance service, level of service provided in order for the are delaying the implementation of the advanced life support, non-emergency expansion to all additional states. The transport, Level 1 (ALS1). billed service to be considered • medically necessary. Prior Authorization Model for A0428 Ambulance service, BLS, Non-emergent transportation by Repetitive, Scheduled Non-Emergent non-emergency transport. While prior authorization is not ambulance is appropriate if either the— Ambulance Transports currently needed for the mileage code, A0425, a (1) beneficiary is bed-confined and it is operating under section 1115A of the prior authorization decision for an documented that the beneficiary’s Act will transition to the national model A0426 or A0428 code will automatically condition is such that other methods of on December 2, 2020. This transition will include independent ambulance include the associated mileage code. transportation are contraindicated; or (2) Submitting a prior authorization suppliers garaged in Delaware, the beneficiary’s medical condition, request is voluntary. However, an District of Columbia, Maryland, New regardless of bed confinement, is such ambulance supplier or beneficiary is Jersey, North Carolina, Pennsylvania, that transportation by ambulance is encouraged to submit to the Medicare South Carolina, Virginia, and West medically required. Thus, bed Administrative Contractor (MAC) a Virginia. CMS will continue to monitor confinement is not the sole criterion in request for prior authorization along the Public Health Emergency and will determining the medical necessity of with all relevant documentation to provide public notice before non-emergent ambulance transportation; support Medicare coverage of a implementing the model in additional rather, it is one factor that is considered repetitive, scheduled non-emergent in medical necessity determinations.7 states. We will continue to test whether prior ambulance transport. If prior A repetitive ambulance service is authorization has not been requested by defined as medically necessary authorization helps reduce expenditures, while maintaining or the fourth round trip in a 30-day period, ambulance transportation that is the subsequent claims will be stopped furnished in 3 or more round trips improving quality of care, using the prior authorization process described in for prepayment review. during a 10-day period, or at least 1 In order for a prior authorization this notice to reduce utilization of round trip per week for at least 3 request to be provisionally affirmed, the 8 services that do not comply with weeks. Repetitive ambulance services request for prior authorization must Medicare policy. Prior authorization are often needed by beneficiaries meet all applicable rules and policies, helps ensure that all relevant clinical or receiving dialysis or cancer treatment. including any local coverage medical documentation requirements Medicare may cover repetitive, determination (LCD) requirements for are met before services are furnished to scheduled non-emergent transportation ambulance transport claims. A beneficiaries and before claims are by ambulance if the—(1) medical provisional affirmation is a preliminary submitted for payment. It further helps necessity requirements described finding that a future claim submitted to to ensure that payment complies with previously are met; and (2) ambulance Medicare for the service likely meets Medicare documentation, coverage, provider/supplier, before furnishing the Medicare’s coverage, coding, and payment, and coding rules. service to the beneficiary, obtains a payment requirements. After receipt of The national expansion of the model written order from the beneficiary’s all relevant documentation, the MAC will follow a similar design as the Prior attending physician certifying that the will make every effort to conduct a Authorization Model for Repetitive, review and postmark the notification of Scheduled Non-Emergent Ambulance 6 https://www.cms.gov/files/document/ their decision on the prior authorization certification-medicare-prior-authorization-model- Transports that operated under section repetitive-scheduled-non-emergent-ambulance.pdf. request within 10 business days. Notification will be provided to the 7 42 CFR 410.40(d)(1). 9 Per 42 CFR 410.40(e)(2), the physician’s order 8 Program Memorandum Intermediaries/Carriers, must be dated no earlier than 60 days before the ambulance supplier and to the Transmittal AB–03–106. date the service is furnished. beneficiary. If a prior authorization

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request is non-affirmed, the request can supplier and the beneficiary. When the prepayment review and documentation be resubmitted with additional subsequent claim is submitted to the will be requested. documentation. Unlimited MAC by the ambulance supplier, it is ++ If the claim is determined to be for resubmissions are allowed. linked to the prior authorization services that were not medically An ambulance supplier or beneficiary decision via the claims processing necessary or for which there was may request an expedited review when system, and the claim will be paid so insufficient documentation, the claim the standard timeframe for making a long as all Medicare coding, billing, and will be denied, and all current policies prior authorization decision could coverage requirements are met. A claim and procedures regarding liability for jeopardize the life or health of the could be denied for technical reasons, payment will apply. The ambulance beneficiary. If the MAC agrees that the however, such as a duplicate claim or a supplier or the beneficiary, or both, can standard review timeframe would put date of service after a deceased appeal the claim denial if they believe the beneficiary at risk, the MAC will beneficiary’s date of death. CMS the denial was inappropriate. make reasonable efforts to communicate contractors may conduct targeted ++ If the claim is determined to be a decision within 2 business days of prepayment and post payment reviews payable, it will be paid. receipt of all applicable Medicare- to ensure that claims are accompanied required documentation. As this model by documentation not required or Only one prior authorization request is for non-emergent services only, we available during the prior authorization per beneficiary per designated time expect requests for expedited reviews to process. In addition, it is possible that period can be provisionally affirmed. If be extremely rare. the Comprehensive Error Rate Testing the initial ambulance supplier cannot A provisional affirmative prior (CERT) contractor may select a claim complete the total number of prior authorization decision may affirm a linked to an affirmed prior authorization authorized transports (for example, the specified number of trips within a decision for review as the CERT initial ambulance company closes or no specific amount of time. The prior contractor must review a random longer services that area), the initial authorization decision, justified by the sample of claims for purposes of request is cancelled. In this situation, a beneficiary’s condition, may affirm up estimating the Medicare improper subsequent prior authorization request to 40 round trips (which equates to 80 payment rate. may be submitted for the same one-way trips) per prior authorization • Scenario 2: When an ambulance beneficiary and must include the request in a 60-day period. supplier or beneficiary submits a prior required documentation in the Alternatively, a provisional affirmative authorization request, but all relevant submission. If multiple ambulance decision may affirm less than 40 round Medicare coverage requirements are not suppliers are providing transports to the trips in a 60-day period, or may affirm met, the MAC will send a non- beneficiary during the same or a request that seeks to provide a affirmative prior authorization decision overlapping time period, the prior specified number of transports (40 to the ambulance supplier and to the authorization decision will only cover round trips or less) in less than a 60-day beneficiary advising them that Medicare the ambulance supplier indicated in the period. A provisional affirmative will not pay for the service. The provisionally affirmed prior decision can be for all or part of the supplier or beneficiary may then authorization request. Any ambulance requested number of trips. Transports resubmit the request with additional supplier submitting claims for exceeding 40 round trips (or 80 one-way documentation showing that Medicare repetitive, scheduled non-emergent trips) in a 60-day period require an requirements have been met. ambulance transports for which no prior additional prior authorization request. Alternatively, an ambulance supplier authorization request is submitted by The MAC may consider an extended could furnish the service and submit a the fourth round trip in a 30-day period affirmation period for beneficiaries with claim with a non-affirmative prior will be subject to 100 percent a chronic condition that is deemed not authorization tracking number, at which prepayment medical review of those likely to improve over time. The prior point the MAC would deny the claim. claims. authorization decision, justified by the The ambulance supplier and the We will expand outreach and beneficiary’s chronic condition, may beneficiary would then have the education efforts to all states and the affirm up to 120 round trips (which Medicare denial for secondary District of Columbia on this prior equates to 240 one-way trips) per prior insurance purposes, and would have the authorization model to ambulance authorization request in a 180-day opportunity to submit an appeal of the suppliers, as well as beneficiaries, period. The medical records must claim denial if they believe Medicare through such methods as an operational clearly indicate that the condition is coverage was denied inappropriately. • guide, frequently asked questions chronic, and the MAC must have Scenario 3: When an ambulance (FAQs) on our website, a physician supplier or beneficiary submits a prior established through two previous prior letter explaining the ambulance authorization request with incomplete authorization requests that the suppliers’ need for the proper documentation, a detailed decision beneficiary’s medical condition has not documentation, and educational events letter will be sent to the ambulance changed or has deteriorated from and materials issued by the MACs. previous requests before allowing an supplier and to the beneficiary, with an extended affirmation period. explanation of what information is We will work to limit any adverse The following describes examples of missing. The ambulance supplier or impact on beneficiaries and to educate various prior authorization scenarios: beneficiary can rectify the error(s) and beneficiaries about the model process. If • Scenario 1: When an ambulance resubmit the prior authorization request an ambulance supplier submits a claim supplier or beneficiary submits a prior with appropriate documentation. associated with a non-affirmed prior authorization request to the MAC with • Scenario 4: If an ambulance authorization decision, it will be denied appropriate documentation and all supplier renders a service to a and beneficiaries will continue to have relevant Medicare coverage and beneficiary and does not request prior all applicable administrative appeal documentation requirements are met for authorization by the fourth round trip in rights. the ambulance transport, the MAC will a 30-day period, and the claim is Additional information is available on send a provisional affirmative prior submitted to the MAC for payment, then the CMS website at http://go.cms.gov/ authorization decision to the ambulance the claim will be stopped for PAAmbulance.

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III. Collection of Information meeting will assist us as we evaluate our considering for future rulemaking Requirements policies on essential components of the described below in this notice, in the As required by chapter 35 of title 44, MVP framework, including, but not MVP Town Hall materials posted at United States Code (the Paperwork limited to, expanding reporting options https://qpp.cms.gov/about/resource- Reduction Act of 1995), the information to allow clinicians to form subgroups library, and in the Town Hall meeting. collection burden associated with this and report MVPs, MVP scoring policies, In addition, we encourage registered national model is currently approved as well as other areas of MVP participants to consider providing under OMB control number 0938–1380 refinement. The meeting is open to the verbal comments during the Town Hall which expires on August 31, 2023. public, but registration is required, and meeting as described in the ‘‘Deadline to attendance is limited. We encourage Indicate Desire to Provide Verbal IV. Regulatory Impact Statement early registration to secure a spot. Feedback During Town Hall Meeting’’ This document announces an DATES: section above by 11:59 p.m., e.s.t., expansion of the 3-year Medicare Prior Meeting Date: The Town Hall meeting Thursday, December 31, 2020. Authorization Model for Repetitive announced in this notice will be held on ADDRESSES: Registration website: The Scheduled Non-emergent Ambulance Thursday, January 7, 2021, from 9 a.m. Town Hall meeting will be hosted Transport. Therefore, there are no to 4 p.m., eastern standard time (e.s.t.). virtually via webinar. Registration is regulatory impact implications Deadline for Posting MVP Topics: In limited to 1,000 participants. associated with this notice. December 2020, we will post Participants must register at https:// The Administrator of the Centers for information concerning the MVP topics attendee.gotowebinar.com/register/ Medicare & Medicaid Services (CMS), to be discussed for the Town Hall on 2414831410075391244. An open toll- Seema Verma, having reviewed and our website at https://qpp.cms.gov/ free phone line will also be made approved this document, authorizes about/resource-library. available for participants to call into the Lynette Wilson, who is the Federal Deadline to Indicate Desire to Provide Town Hall meeting. Information on the Register Liaison, to electronically sign Verbal Feedback During Town Hall option to participate via webinar will be this document for purposes of Meeting: Registered participants may provided through an upcoming listserv publication in the Federal Register. have the opportunity to provide verbal notice and posted on the Quality Authority: Section 1834(l)(16) of the Social comments on the Town Hall agenda Payment Program (QPP) website at Security Act (the Act), as added by section topics for a maximum of 5 minutes or https://qpp.cms.gov/about/resource- 515(b) of MACRA (Pub. L. 114–10). less per agenda session. Registered library. You can sign up to receive QPP listservs at https:// Dated: November 17, 2020. participants who would like to provide verbal feedback during the Town Hall public.govdelivery.com/accounts/ Lynette Wilson, are required to send an email to USCMS/subscriber/qualify?commit Federal Register Liaison, Centers for Medicare [email protected] no =&topic_id=USCMS_12196. Continue to & Medicaid Services. later than 11:59 p.m., e.s.t., Thursday, check the website for updates. You may [FR Doc. 2020–25728 Filed 11–20–20; 8:45 am] December 31, 2020, for the opportunity send general inquiries about this BILLING CODE 4120–01–P to secure a spot to provide verbal meeting via email to feedback during the meeting. The time [email protected]. available for registrants to provide DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: verbal comments will depend on the HUMAN SERVICES number of registrants who are interested I. Background on MVP Implementation Centers for Medicare & Medicaid in offering verbal comments and we In the CY 2020 Physician Fee Services cannot guarantee that everyone who Schedule (PFS) proposed rule (84 FR wishes to provide verbal feedback will 40732 through 40745), we requested [CMS–3406–N] have the opportunity to do so. We comments in a request for information encourage interested parties to register (RFI) on issues related to the Medicare Program; Town Hall Meeting early and send an email to the address implementation of MVPs. As discussed on Merit-Based Incentive Payment noted above to indicate their interest in in the CY 2020 PFS proposed rule (84 System (MIPS) Value Pathway (MVP) providing verbal comments for the FR 40732), we had intended to apply Implementation agenda session(s) of their choice. the MVP framework in the 2021 MIPS AGENCY: Centers for Medicare & In addition, we encourage interested performance period. However, due to Medicaid Services (CMS), HHS. parties to submit written comments on the public health emergency (PHE) for ACTION: Notice of meeting. the agenda topics to be discussed in this COVID–19 and to allow clinicians to Town Hall meeting and on future focus on responding to the PHE, we SUMMARY: This notice announces a implementation of MVPs as described in announced that the initial virtual Town Hall meeting for CMS to the ‘‘Deadline for Submission of Written implementation of MVPs would be share updates on the Merit-based Comments on the MVP Topics and delayed until at least the 2022 MIPS Incentive Payment System (MIPS) Value Future Implementation’’ section below performance year and also limited our Pathway (MVP) policy considerations by 11:59 p.m., e.s.t., Thursday, January 2021 MIPS performance period MVP and for stakeholders to provide feedback 14, 2021. proposals to those necessary for the on those MVP considerations for future Deadline for Submission of Written collaborative development of MVPs. implementation. Clinicians, Comments on the MVP Topics and After review and consideration of RFI professional organizations, third party Future Implementation: All interested comments, we proposed updates to the vendors, stakeholders, and other parties may submit written comments MVP guiding principles and the MVP interested parties are invited to this via email to CMSMVPFeedback@ development criteria and process in the meeting to present their individual ketchum.com by 11:59 p.m., e.s.t., CY 2021 PFS proposed rule (85 FR views on MVP design and Thursday, January 14, 2021. Any 50279 through 50284). implementation. The opinions and interested party may send written We are holding this Town Hall alternatives provided during this comments about the policies CMS is meeting to engage interested parties on

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policies that CMS is considering for the qpp.cms.gov/about/resource-library. if OMB receives it within 30 days of future design and implementation of Continue to check the website for publication. MVPs that were not addressed in the CY updates. ADDRESSES: Written comments and 2021 PFS proposed rule. The feedback III. Registration Instructions recommendations for the proposed provided during this meeting will assist information collection should be sent Ketchum, a CMS contractor, is us in evaluating and developing MVP within 30 days of publication of this coordinating meeting registration. While policies to be included in future notice to www.reginfo.gov/public/do/ there is no registration fee, individuals rulemaking. PRAMain. Find this particular planning to attend the Town Hall information collection by selecting II. Town Hall Meeting Format and meeting must register to attend. Use the ‘‘Currently under 30-day Review—Open Conference Call/Webinar link in the ADDRESSES section of this for Public Comments’’ or by using the notice to register. You will receive a A. Format of the Town Hall Meeting search function. registration confirmation. This Town Hall meeting will function A recording and transcript of the SUPPLEMENTARY INFORMATION: as a discussion forum for interested Town Hall meeting will be posted on Description: Section 466(a)(5)(C) of parties to provide feedback on the future https://qpp.cms.gov/about/resource- the Social Security Act requires states to of MVP implementation. Therefore, we library following the event. enact laws ensuring a simple civil will post information concerning the The Administrator of the Centers for process for voluntarily acknowledging MVP topics to be discussed, as specified Medicare & Medicaid Services (CMS), paternity via an affidavit. The in the DATES section of this notice at the Seema Verma, having reviewed and development and use of an affidavit for website specified in the ADDRESSES approved this document, authorizes the voluntary acknowledgment of section of this notice. Registrants are Lynette Wilson, who is the Federal paternity would include the minimum expected to check the website for Register Liaison, to electronically sign requirements of the affidavit specified updates and review the materials prior this document for purposes of by the Secretary of Health and Human to the meeting. Registrants will receive publication in the Federal Register. Services under section 452(a)(7) of the an email notification once the materials Social Security Act and give full faith are live on the website. Dated: October 29, 2020. and credit to such an affidavit signed in The meeting will consist of morning Lynette Wilson, any other state according to its and afternoon sessions, with distinct Federal Register Liaison, Department of procedures. The state must provide that, topics covered in each session. Health and Human Services. before a mother and putative father can Proposed topics for discussion in each [FR Doc. 2020–25694 Filed 11–20–20; 8:45 am] sign a voluntary acknowledgement of session are subject to change as BILLING CODE 4120–01–P paternity, the mother and putative priorities dictate. The following topics father must be given notice, orally and will be covered: in writing, of the alternatives to, the • An overview of the objectives of the DEPARTMENT OF HEALTH AND legal consequences of, and the rights meeting followed by a presentation of HUMAN SERVICES (including any rights, if one parent is a the topics to be discussed, including an minor, due to minority status) and Administration for Children and overview of how groups can form responsibilities of acknowledging Families subgroups and report MVPs as paternity. The affidavits will be used by subgroups hospitals, birth record agencies, and • Submission for OMB Review; An overview of MVP design Voluntary Acknowledgment of other entities participating in the including, but not limited to MVP Paternity and Required Data Elements voluntary paternity establishment scoring policies, and measures and for Paternity Establishment Affidavits program to collect information from the activities within MVPs. (OMB #0970–0171) parents of nonmarital children. • An opportunity for registered Respondents: The parents of participants to provide feedback. AGENCY: Office of Child Support nonmarital children, state and tribal Therefore, a portion of the meeting will Enforcement, Administration for agencies operating child support be reserved for participants to ask Children and Families, HHS. programs under Title IV–D of the Social questions and provide verbal comments ACTION: Request for public comment. Security Act, hospitals, birth record on the Town Hall Agenda topics. agencies, and other entities participating Participants will be able to submit SUMMARY: The Office of Child Support in the voluntary paternity establishment questions verbally and through an Enforcement (OCSE), Administration for program. online chat box. Time for participants to Children and Families (ACF), U.S. Annual Burden Estimates provide feedback and ask questions will Department of Health and Human be limited based on the number of Services, is requesting a 3-year Since the previous approval of this participants who want to provide verbal extension of the Voluntary information collection in 2017, there feedback and ask questions. Acknowledgment of Paternity and have been changes to the level of burden Required Data Elements for Paternity estimated due to an increase in the B. Conference Call and Webinar Establishment Affidavits (OMB #0970– estimated number of partners involved Information 0171). There are no changes requested in the voluntary paternity Registered participants interested in to the form, but burden estimates have acknowledgment program by about attending the Town Hall meeting will be been adjusted. 87,000 entities, and a change to the able to view and participate in the Town DATES: Comments due within 30 days of method of calculating the Paternity Hall meeting via webinar. An open toll- publication. OMB must make a decision Acknowledgement Process. The current free phone line will be made available. about the collection of information calculation is a more accurate method, Information on the webinar will be between 30 and 60 days after using the number of nonmarital births provided through an upcoming listserv publication of this document in the (rather than the previously used notice and posted on the Quality Federal Register. Therefore, a comment universe of possible entities that could Payment Program website at https:// is best assured of having its full effect provide the service) and results in a

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decrease in estimated burden for this information collection (85 FR 47216) to calculate the burden for the Paternity activity. Finally, burden estimates were correct a typo (no impact on overall Acknowledgement Process. updated from the initial Federal burden estimates) and to use more Register Notice related to this current data (FY19 versus FY18) to

Annual Average Annual number of annual burden Annual Instrument number of responses per hours per burden respondents respondent response hours

Training ...... 134,685 1 1 134,685 Paternity Acknowledgment Process ...... 1,433,606 1 0.17 243,713 Data Elements ...... 54 1 1 54 Ordering Brochures ...... 2,693,693 1 .08 215,495

Estimated Total Annual Burden performance progress reports from states ‘‘Currently under 30-day Review—Open Hours: 593,947. and territories for the development and for Public Comments’’ or by using the Authority: 42 U.S.C. 666(a)(5)(C) and implementation of their State Personal search function. 652(a)(7). Responsibility Education Program SUPPLEMENTARY INFORMATION: (PREP). The State PREP Funding Description: The purpose of the State Mary B. Jones, Opportunity Announcement sets forth ACF/OPRE Certifying Officer. PREP is to educate adolescents on both the application and state plan abstinence and contraception to prevent [FR Doc. 2020–25772 Filed 11–20–20; 8:45 am] requirements for the receipt of the pregnancy and sexually transmitted BILLING CODE 4184–41–P following documents from applicants infections and at least three adulthood and awardees: Application, State Plan, preparation subjects. The Application and Performance Progress Report. and State Plan will offer information DEPARTMENT OF HEALTH AND ACYF/FYSB are requesting a HUMAN SERVICES about the proposed state project and reinstatement with no changes to the will be used as the primary basis to previously approved information Administration for Children and determine whether or not the project collections under OMB #0970–0380. Families meets the minimum requirements for DATES: Comments due within 30 days of the award. Submission for OMB Review: State publication. OMB is required to make a The Performance Progress Report will Personal Responsibility Education decision concerning the collection of inform the monitoring of the grantees’ Program (PREP) (OMB #0970–0380) information between 30 and 60 days program design, program evaluation, after publication of this document in the AGENCY: Family and Youth Services management improvement, service Federal Register. Therefore, a comment quality, and compliance with agreed Bureau (FYSB), Administration on is best assured of having its full effect Children, Youth and Families (ACYF), upon goals. ACYF/FYSB will use the if OMB receives it within 30 days of information to ensure effective service Administration for Children and publication. Families (ACF), HHS. delivery. ACTION: Request for public comment. ADDRESSES: Written comments and Respondents: Fifty states and nine recommendations for the proposed territories, to include the District of SUMMARY: The Administration on information collection should be sent Columbia, Puerto Rico, the Virgin Children, Youth and Families (ACYF), within 30 days of publication of this Islands, Guam, the Northern Mariana Family and Youth Services Bureau notice to www.reginfo.gov/public/do/ Islands, the Federated States of (FYSB) requires mandatory formula PRAMain. Find this particular Micronesia, American Samoa, Marshall grant applications, state plans, and information collection by selecting Islands, and Palau.

ANNUAL BURDEN ESTIMATES

Total Total number of Average Total Annual Instrument number of responses per burden hours burden hours burden hours respondents respondent per response

Application ...... 59 1 24 1416 472 State Plan ...... 59 3 40 7080 2360 Performance Progress Reports ...... 59 6 16 5664 1888

Estimated Total Annual Burden (b) the accuracy of the agency’s estimate technology. Consideration will be given Hours: 4720. of the burden of the proposed collection to comments and suggestions submitted Comments: The Department of information; (c) the quality, utility, within 30 days of this publication. specifically requests comments on (a) and clarity of the information to be Authority: Section 513 of the Social whether the proposed collection of collected; and (d) ways to minimize the Security Act (42 U.S.C. 713), as amended by information is necessary for the proper burden of the collection of information Section 50503 of the Bipartisan Budget Act performance of the functions of the on respondents, including through the of 2018 (Pub. L. 115–123) extended by agency, including whether the use of automated collection techniques Section 2103 of the Continuing information shall have practical utility; or other forms of information

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Appropriations Act, 2021 and Other that was associated with an earlier Description: Grantees of the TANF Extensions Act (Pub. L. 116–159). ACF–196 report in order to devote the program are required by statute to report Mary B. Jones, instructions to the singular ACF–196R financial data on a quarterly basis. Form ACF/OPRE Certifying Officer. report. In addition, ACF has clarified ACF–196R is used by states instructions where states have administering the TANF program to [FR Doc. 2020–25782 Filed 11–20–20; 8:45 am] previously expressed confusion and has report these quarterly expenditure data BILLING CODE 4184–37–P reorganized the format and chronology and to request quarterly grant funds. of section headers to better reflect the Failure to collect the data would DEPARTMENT OF HEALTH AND flow of the TANF reporting process. seriously compromise the Office of HUMAN SERVICES DATES: Comments due within 30 days of Family Assistance and ACF’s ability to publication. OMB must make a decision monitor TANF expenditures and Administration for Children and about the collection of information compliance with statutory requirements. Families between 30 and 60 days after These data are also needed to estimate publication of this document in the outlays and to prepare reports and Submission for OMB Review; TANF Federal Register. Therefore, a comment budget submissions for Congress. Expenditure Report, ACF–196R (OMB is best assured of having its full effect Respondents: State agencies #0970–0446) if OMB receives it within 30 days of administering the TANF program (50 AGENCY: Office of Family Assistance, publication. States and the District of Columbia). Administration for Children and ADDRESSES: Written comments and Annual Burden Estimates Families, HHS. recommendations for the proposed ACTION: Request for public comment. Note: The related Federal Register information collection should be sent Notice that provided 60 days for initial SUMMARY: The Administration for within 30 days of publication of this public comment (85 FR 59529) included Children and Families (ACF) is notice to www.reginfo.gov/public/do/ an error in the burden table. The error requesting a 3-year extension of the PRAMain. Find this particular has been fixed in the following burden Temporary Assistance for Needy information collection by selecting table. The number of respondents and Families (TANF) Expenditure Report, ‘‘Currently under 30-day Review—Open time per response has not changed, but Form ACF–196R (OMB #0970–0446, for Public Comments’’ or by using the we have clarified that grantees respond expiration 2/28/2021). ACF is reporting search function. 4 times per year, or 12 responses over a change to remove certain guidance SUPPLEMENTARY INFORMATION: a three year period.

Total Total number of Average Total Annual Instrument number of responses per burden hours burden hours burden hours respondents respondent per response

TANF Expenditure Report, Form ACF–196R ...... 51 12 14 8,568 2,856

Estimated Total Annual Burden guidance for industry and FDA staff ADDRESSES: You may submit either Hours: 2,856. entitled ‘‘Public Availability of Lists of electronic or written comments on Authority: Social Security Act, Section Retail Consignees to Effectuate Certain Agency guidances at any time as 409; 45 CFR 265.3–265.9. Human and Animal Food Recalls; follows: Guidance for Industry and FDA staff.’’ Mary B. Jones, Electronic Submissions The guidance for industry and FDA staff ACF/OPRE Certifying Officer. describes how and when FDA intends to Submit electronic comments in the [FR Doc. 2020–25771 Filed 11–20–20; 8:45 am] collect, compile, and publicize lists of following way: BILLING CODE 4184–36–P retail consignees that may have received • Federal eRulemaking Portal: recalled foods. While FDA intends to https://www.regulations.gov. Follow the DEPARTMENT OF HEALTH AND focus on recalls where there is a instructions for submitting comments. HUMAN SERVICES reasonable probability that the use of, or Comments submitted electronically, exposure to, the food will cause serious including attachments, to https:// Food and Drug Administration adverse health consequences or death to www.regulations.gov will be posted to humans or animals (Class I recalls), FDA the docket unchanged. Because your [Docket No. FDA–2018–D–1752] may also publicize retail consignee lists comment will be made public, you are for other food recalls as described in the solely responsible for ensuring that your Public Availability of Lists of Retail guidance. FDA’s goal is to publicize Consignees To Effectuate Certain comment does not include any retail consignee lists for these food Human and Animal Food Recalls; confidential information that you or a Guidance for Industry and Food and recalls where providing this additional third party may not wish to be posted, Drug Administration Staff; Availability information will be of the most use to such as medical information, your or consumers to help them identify anyone else’s Social Security number, or AGENCY: Food and Drug Administration, recalled food and to determine whether confidential business information, such HHS. that food is in their possession as as a manufacturing process. Please note ACTION: Notice of availability. effectively and quickly as possible. that if you include your name, contact information, or other information that SUMMARY: The Food and Drug DATES: The announcement of the identifies you in the body of your Administration (FDA, we, or Agency) is guidance is published in the Federal comments, that information will be announcing the availability of a final Register on November 23, 2020. posted on https://www.regulations.gov.

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• If you want to submit a comment FR 56469, September 18, 2015, or access before beginning work on the final with confidential information that you the information at: https:// version of the guidance. We reviewed do not wish to be made available to the www.govinfo.gov/content/pkg/FR-2015- comments received and, where public, submit the comment as a 09-18/pdf/2015-23389.pdf. appropriate, made changes to the written/paper submission and in the Docket: For access to the docket to guidance based on these comments. The manner detailed (see ‘‘Written/Paper read background documents or the changes include a change to footnote Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments seven of the guidance regarding received, go to https:// Written/Paper Submissions restaurants, a statement that FDA www.regulations.gov and insert the Submit written/paper submissions as intends to update the retail consignee docket number, found in brackets in the lists as the information available to FDA follows: heading of this document, into the • develops, the removal of an example of Mail/Hand Delivery/Courier (for ‘‘Search’’ box and follow the prompts food that may fit the criteria described written/paper submissions): Dockets and/or go to the Dockets Management in the guidance, and other Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, Drug Administration, 5630 Fishers Rockville, MD 20852, 240–402–7500. nonsubstantive edits. The guidance Lane, Rm. 1061, Rockville, MD 20852. announced in this notice finalizes the • You may submit comments on any For written/paper comments guidance at any time (see 21 CFR draft guidance dated September 2018. submitted to the Dockets Management 10.115(g)(5)). This guidance is being issued Staff, FDA will post your comment, as Submit written requests for single consistent with FDA’s good guidance well as any attachments, except for copies of the guidance to the Office of practices regulation (21 CFR 10.115). information submitted, marked and Strategic Planning and Operational identified, as confidential, if submitted This guidance represents FDA’s current Policy, Office of Regulatory Affairs, thinking regarding publicizing lists of as detailed in ‘‘Instructions.’’ Food and Drug Administration, 12420 Instructions: All submissions received retail consignees to effectuate certain Parklawn Dr., Element Building, must include the Docket No. FDA– food recalls. It does not establish any Rockville, MD 20857. Send one self- 2018–D–1752 for ‘‘Public Availability of rights for any person and is not binding addressed adhesive label to assist that Lists of Retail Consignees to Effectuate on FDA or the public. You can use an office in processing your requests. See Certain Human and Animal Food alternative approach if it satisfies the the SUPPLEMENTARY INFORMATION section Recalls; Guidance for Industry and FDA requirements of the applicable statutes for electronic access to the guidance Staff.’’ Received comments will be and regulations. document. placed in the docket and, except for those submitted as ‘‘Confidential FOR FURTHER INFORMATION CONTACT: II. Paperwork Reduction Act of 1995 Submissions,’’ publicly viewable at Chris Henderson, Office of Regulatory This guidance refers to previously Affairs, Division of Operational Policy, https://www.regulations.gov or at the approved collections of information Dockets Management Staff between 9 Food and Drug Administration, 12420 found in FDA regulations. These a.m. and 4 p.m., Monday through Parklawn Dr., Rockville, MD 20857, collections of information are subject to Friday, 240–402–7500. 240–402–8186, Christopher.henderson@ • Confidential Submissions—To fda.hhs.gov. review by the Office of Management and Budget (OMB) under the Paperwork submit a comment with confidential SUPPLEMENTARY INFORMATION: information that you do not wish to be Reduction Act of 1995 (44 U.S.C. 3501– made publicly available, submit your I. Background 3521). Any collections of information comments only as a written/paper FDA is announcing the availability of under 21 CFR 7.46, 7.49, 7.53, 7.55, and submission. You should submit two a guidance for industry and FDA staff 7.59 have been approved under OMB copies total. One copy will include the entitled ‘‘Public Availability of Lists of control number 0910–0249. information you claim to be confidential Retail Consignees to Effectuate Certain III. Electronic Access with a heading or cover note that states Human and Animal Food Recalls.’’ The ‘‘THIS DOCUMENT CONTAINS guidance for industry and FDA staff Persons with access to the internet CONFIDENTIAL INFORMATION.’’ The describes how and when FDA intends to may obtain the guidance at either Agency will review this copy, including collect, compile, and publicize lists of https://www.fda.gov/Safety/Recalls/ the claimed confidential information, in retail consignees that may have received default.htm or https:// its consideration of comments. The recalled foods. FDA’s goal is to www.regulations.gov. second copy, which will have the publicize retail consignee lists for these claimed confidential information food recalls, especially those that are Dated: November 16, 2020. redacted/blacked out, will be available likely to be classified as Class I recalls, Lauren K. Roth, for public viewing and posted on where providing this additional Acting Principal Associate Commissioner for https://www.regulations.gov. Submit information will be of the most use to Policy. both copies to the Dockets Management consumers to help them identify [FR Doc. 2020–25719 Filed 11–20–20; 8:45 am] Staff. If you do not wish your name and recalled food, and to determine whether BILLING CODE 4164–01–P contact information to be made publicly that food is in their possession as available, you can provide this effectively and quickly as possible. information on the cover sheet and not In the Federal Register of September in the body of your comments and you 27, 2018 (83 FR 48825), we announced must identify this information as a draft guidance for industry and FDA ‘‘confidential.’’ Any information marked staff entitled ‘‘Public Availability of as ‘‘confidential’’ will not be disclosed Lists of Retail Consignees to Effectuate except in accordance with 21 CFR 10.20 Certain Human and Animal Food and other applicable disclosure law. For Recalls’’ and gave interested parties an more information about FDA’s posting opportunity to submit comments by of comments to public dockets, see 80 November 26, 2018, for us to consider

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DEPARTMENT OF HEALTH AND instructions for submitting comments. Agency will review this copy, including HUMAN SERVICES Comments submitted electronically, the claimed confidential information, in including attachments, to https:// its consideration of comments. The Food and Drug Administration www.regulations.gov will be posted to second copy, which will have the [Docket No. FDA–2017–N–6455] the docket unchanged. Because your claimed confidential information comment will be made public, you are redacted/blacked out, will be available Agency Information Collection solely responsible for ensuring that your for public viewing and posted on Activities; Proposed Collection; comment does not include any https://www.regulations.gov. Submit Comment Request; Consultation confidential information that you or a both copies to the Dockets Management Procedures: Foods Derived From New third party may not wish to be posted, Staff. If you do not wish your name and Plant Varieties such as medical information, your or contact information to be made publicly anyone else’s Social Security number, or available, you can provide this AGENCY: Food and Drug Administration, confidential business information, such information on the cover sheet and not HHS. as a manufacturing process. Please note in the body of your comments and you ACTION: Notice. that if you include your name, contact must identify this information as information, or other information that SUMMARY: The Food and Drug ‘‘confidential.’’ Any information marked identifies you in the body of your Administration (FDA, Agency, or we) is as ‘‘confidential’’ will not be disclosed comments, that information will be announcing an opportunity for public except in accordance with 21 CFR 10.20 posted on https://www.regulations.gov. comment on the proposed collection of and other applicable disclosure law. For • If you want to submit a comment certain information by the Agency. more information about FDA’s posting with confidential information that you Under the Paperwork Reduction Act of of comments to public dockets, see 80 do not wish to be made available to the 1995 (PRA), Federal Agencies are FR 56469, September 18, 2015, or access public, submit the comment as a required to publish notice in the the information at: https:// written/paper submission and in the Federal Register concerning each www.govinfo.gov/content/pkg/FR-2015- manner detailed (see ‘‘Written/Paper proposed collection of information, 09-18/pdf/2015-23389.pdf. Submissions’’ and ‘‘Instructions’’). including each proposed extension of an Docket: For access to the docket to existing collection of information, and Written/Paper Submissions read background documents or the to allow 60 days for public comment in Submit written/paper submissions as electronic and written/paper comments response to the notice. This notice follows: received, go to https:// solicits comments on the information • Mail/Hand Delivery/Courier (for www.regulations.gov and insert the collection pertaining to FDA written/paper submissions): Dockets docket number, found in brackets in the consultation procedures for foods Management Staff (HFA–305), Food and heading of this document, into the derived from new plant varieties, Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts including information collection Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management provisions in the guidance entitled, • For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, ‘‘Guidance on Consultation Procedures: submitted to the Dockets Management Rockville, MD 20852, 240–402–7500. Foods Derived From New Plant Staff, FDA will post your comment, as FOR FURTHER INFORMATION CONTACT: Varieties,’’ and in Form FDA 3665 well as any attachments, except for Domini Bean, Office of Operations, entitled, ‘‘Final Consultation For Food information submitted, marked and Food and Drug Administration, Three Derived From a New Plant Variety identified, as confidential, if submitted White Flint North, 10A–12M, 11601 (Biotechnology Final Consultation),’’ as detailed in ‘‘Instructions.’’ Landsdown St., North Bethesda, MD which developers may use to prepare Instructions: All submissions received the final consultation in a standard 20852, 301–796–5733, PRAStaff@ must include the Docket No. FDA– fda.hhs.gov. format. 2017–N–6455 for ‘‘Agency Information DATES: Submit either electronic or Collection Activities; Proposed SUPPLEMENTARY INFORMATION: Under the written comments on the collection of Collection; Comment Request; PRA (44 U.S.C. 3501–3521), Federal information by January 22, 2021. Consultation Procedures: Foods Derived Agencies must obtain approval from the ADDRESSES: You may submit comments From New Plant Varieties.’’ Received Office of Management and Budget as follows. Please note that late, comments, those filed in a timely (OMB) for each collection of untimely filed comments will not be manner (see ADDRESSES), will be placed information they conduct or sponsor. considered. Electronic comments must in the docket and, except for those ‘‘Collection of information’’ is defined be submitted on or before January 22, submitted as ‘‘Confidential in 44 U.S.C. 3502(3) and 5 CFR 2021. The https://www.regulations.gov Submissions,’’ publicly viewable at 1320.3(c) and includes Agency requests electronic filing system will accept https://www.regulations.gov or at the or requirements that members of the comments until 11:59 p.m. Eastern Time Dockets Management Staff between 9 public submit reports, keep records, or at the end of January 22, 2021. a.m. and 4 p.m., Monday through provide information to a third party. Comments received by mail/hand Friday, 240–402–7500. Section 3506(c)(2)(A) of the PRA (44 • delivery/courier (for written/paper Confidential Submissions—To U.S.C. 3506(c)(2)(A)) requires Federal submissions) will be considered timely submit a comment with confidential Agencies to provide a 60-day notice in if they are postmarked or the delivery information that you do not wish to be the Federal Register concerning each service acceptance receipt is on or made publicly available, submit your proposed collection of information, before that date. comments only as a written/paper including each proposed extension of an submission. You should submit two existing collection of information, Electronic Submissions copies total. One copy will include the before submitting the collection to OMB Submit electronic comments in the information you claim to be confidential for approval. To comply with this following way: with a heading or cover note that states requirement, FDA is publishing notice • Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS of the proposed collection of https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The information set forth in this document.

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With respect to the following recommend that producers who use decisions by the industry are made collection of information, FDA invites biotechnology in the manufacture or consistently and in full compliance with comments on these topics: (1) Whether development of foods and food the standards of the Federal Food, Drug, the proposed collection of information ingredients work cooperatively with and Cosmetic Act (the FD&C Act). is necessary for the proper performance FDA to ensure that products derived Since 1992, when FDA issued its of FDA’s functions, including whether through biotechnology are safe and ‘‘Statement of Policy: Foods Derived the information will have practical comply with all applicable legal From New Plant Varieties’’ (the 1992 utility; (2) the accuracy of FDA’s requirements and have instituted a policy) (57 FR 22984, May 29, 1992), we estimate of the burden of the proposed voluntary consultation process with have encouraged developers of new collection of information, including the industry. To facilitate this process, the plant varieties, including those varieties validity of the methodology and Agency issued a guidance entitled, that are developed through assumptions used; (3) ways to enhance ‘‘Guidance on Consultation Procedures: biotechnology, to consult with FDA the quality, utility, and clarity of the Foods Derived From New Plant during the plant development process to information to be collected; and (4) Varieties,’’ which is available on our discuss possible scientific and ways to minimize the burden of the website at https://www.fda.gov/ regulatory issues that might arise. In the collection of information on FoodGuidances. The guidance describes 1992 policy, we explained that under respondents, including through the use FDA’s consultation process for the of automated collection techniques, the FD&C Act developers of new foods evaluation of information on new plant (in this document food refers to both when appropriate, and other forms of varieties provided by developers. The information technology. human and animal food) have a Agency believes this consultation responsibility to ensure that the foods Consultation Procedures: Foods process will help ensure that human they offer to consumers are safe and in Derived From New Plant Varieties and animal food safety issues or other compliance with all requirements of the regulatory issues (e.g., labeling) are FD&C Act (57 FR 22984 at 22985). OMB Control Number 0910–0704— resolved prior to commercial Extension distribution. Additionally, such Description of Respondents: This information collection supports communication will help to ensure that Respondents to this collection of FDA’s consultation procedures for foods any potential food safety issues information include developers of new derived from new plant varieties, as regarding a new plant variety are plant varieties intended for food use. discussed and included in Agency resolved during development and will We estimate the burden of this guidance, and in Form FDA 3665. We help to ensure that all market entry collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Activity Form FDA Number of responses per Total annual burden per Total hours No. respondents respondent responses response

Initial consultation ...... None 20 2 40 4 160 Final consultation ...... 3665 12 1 12 150 1,800

Total ...... 1,960 1 There are no operating and maintenance costs associated with this collection of information.

Based on a review of the information and have provided FDA with the that the developer believes is adequate collection since our last request for information necessary to address any to ensure that food derived from the OMB approval, we have made no potential questions regarding the safety, new plant variety is safe and that it adjustments to our burden estimate. labeling, or regulatory status of the food demonstrates compliance with the or food ingredient. As such, these Initial Consultations relevant provisions of the FD&C Act. consultations have aided both industry The developer will then be able to Initial consultations are generally a and the Agency in exercising their conclude any ongoing consultation with one-time burden, although a developer mutual responsibilities under the FD&C FDA. The developer submits to FDA a might return more than once to discuss Act. summary of the safety and nutritional additional issues before submitting a We estimate that the Center for assessment that has been conducted final consultation. As noted in the Veterinary Medicine and the Center for about the genetically engineered food guidance, we encourage developers to Food Safety and Applied Nutrition intended to be introduced into consult early in the development phase jointly received an average of 40 commercial distribution. We evaluate of their products, and as often as requests for initial consultations per the submission to ensure that all necessary. Historically, firms year in the last 3 years via email, or potential safety and regulatory questions developing a new genetically written letter. Based on this have been addressed. We have engineered plant variety intended for information, we expect to receive no developed a form that prompts a more than 40 annually for a total of 160 food use have generally initiated developer to include certain elements in hours for initial consultations. consultation with FDA early in the the final consultation in a standard process of developing such a variety, Final Consultations format: Form FDA 3665 entitled, ‘‘Final even though there is no legal obligation Consultation for Food Derived From a for such consultation. These Final consultations are a one-time consultations have made FDA aware of burden. At some stage in the process of New Plant Variety (Biotechnology Final foods and food ingredients before these research and development, a developer Consultation).’’ The form and its products are distributed commercially will have accumulated the information elements that would be prepared as

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attachments to the form can be solely responsible for ensuring that your contact information to be made publicly submitted in electronic format. comment does not include any available, you can provide this We base our estimate of the average confidential information that you or a information on the cover sheet and not time to prepare a submission on third party may not wish to be posted, in the body of your comments and you informal contact with firms that made such as medical information, your or must identify this information as one or more biotechnology consultation anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked submission under the voluntary confidential business information, such as ‘‘confidential’’ will not be disclosed biotechnology consultation process. We as a manufacturing process. Please note except in accordance with 21 CFR 10.20 estimate the average time to prepare a that if you include your name, contact and other applicable disclosure law. For submission for final consultation to be information, or other information that more information about FDA’s posting 150 hours. With an estimated 12 annual identifies you in the body of your of comments to public dockets, see 80 submissions, the total will be 1,800 comments, that information will be FR 56469, September 18, 2015, or access hours for final consultations. posted on https://www.regulations.gov. the information at: https:// The total estimated burden for this • If you want to submit a comment www.govinfo.gov/content/pkg/FR-2015- collection of information is 1,960 hours. with confidential information that you 09-18/pdf/2015-23389.pdf. do not wish to be made available to the Dated: November 16, 2020. Docket: For access to the docket to public, submit the comment as a Lauren K. Roth, read background documents or the written/paper submission and in the electronic and written/paper comments Acting Principal Associate Commissioner for manner detailed (see ‘‘Written/Paper Policy. received, go to https:// Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the [FR Doc. 2020–25752 Filed 11–20–20; 8:45 am] Written/Paper Submissions docket number, found in brackets in the BILLING CODE 4164–01–P heading of this document, into the Submit written/paper submissions as ‘‘Search’’ box and follow the prompts follows: and/or go to the Dockets Management DEPARTMENT OF HEALTH AND • Mail/Hand Delivery/Courier (for Staff, 5630 Fishers Lane, Rm. 1061, HUMAN SERVICES written/paper submissions): Dockets Rockville, MD 20852, 240–402–7500. Management Staff (HFA–305), Food and You may submit comments on any Food and Drug Administration Drug Administration, 5630 Fishers guidance at any time (see 21 CFR Lane, Rm. 1061, Rockville, MD 20852. [Docket No. FDA–2018–D–0943] 10.115(g)(5)). • For written/paper comments Submit written requests for single Elemental Impurities in Animal Drug submitted to the Dockets Management copies of the guidance to the Policy and Products—Questions and Answers; Staff, FDA will post your comment, as Regulations Staff (HFV–6), Center for Guidance for Industry; Availability well as any attachments, except for Veterinary Medicine, Food and Drug information submitted, marked and Administration, 7500 Standish Pl., AGENCY: Food and Drug Administration, identified, as confidential, if submitted Rockville, MD 20855. Send one self- HHS. as detailed in ‘‘Instructions.’’ ACTION: Notice of availability. Instructions: All submissions received addressed adhesive label to assist that must include the Docket No. FDA– office in processing your requests. See SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION 2018–D–0943 for ‘‘Elemental Impurities the section Administration (FDA or Agency) is in Animal Drug Products—Questions for electronic access to the guidance announcing the availability of a final and Answers.’’ Received comments will document. guidance for industry #255 entitled be placed in the docket and, except for FOR FURTHER INFORMATION CONTACT: ‘‘Elemental Impurities in Animal Drug those submitted as ‘‘Confidential Michael Brent, Center for Veterinary Products—Questions and Answers.’’ Submissions,’’ publicly viewable at Medicine (HFV–140), Food and Drug This guidance provides https://www.regulations.gov or at the Administration, 7500 Standish Pl., recommendations to sponsors regarding Dockets Management Staff between 9 Rockville, MD 20855, 240–402–0647, the control of elemental impurities in a.m. and 4 p.m., Monday through [email protected] or animal drug products, including all Friday, 240–402–7500. [email protected]. dosage forms and routes of • Confidential Submissions—To SUPPLEMENTARY INFORMATION: administration. submit a comment with confidential DATES: The announcement of the information that you do not wish to be I. Background guidance is published in the Federal made publicly available, submit your In the Federal Register of March 27, Register on November 23, 2020. comments only as a written/paper 2018 (83 FR 13134), FDA published the ADDRESSES: You may submit either submission. You should submit two notice of availability for a draft guidance electronic or written comments on copies total. One copy will include the entitled ‘‘Elemental Impurities in Agency guidances at any time as information you claim to be confidential Animal Drug Products—Questions and follows: with a heading or cover note that states Answers,’’ giving interested persons ‘‘THIS DOCUMENT CONTAINS until May 29, 2018, to comment on the Electronic Submissions CONFIDENTIAL INFORMATION.’’ The draft guidance. On August 15, 2018, we Submit electronic comments in the Agency will review this copy, including published a notice reopening the following way: the claimed confidential information, in comment period to October 15, 2018 (83 • Federal eRulemaking Portal: its consideration of comments. The FR 40524). FDA received comments on https://www.regulations.gov. Follow the second copy, which will have the the draft guidance, and those comments instructions for submitting comments. claimed confidential information were considered as the guidance was Comments submitted electronically, redacted/blacked out, will be available finalized. The guidance announced in including attachments, to https:// for public viewing and posted on this notice finalizes the draft guidance www.regulations.gov will be posted to https://www.regulations.gov. Submit dated March 2018. the docket unchanged. Because your both copies to the Dockets Management This level 1 guidance is being issued comment will be made public, you are Staff. If you do not wish your name and consistent with FDA’s good guidance

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practices regulation (21 CFR 10.115). the need for and design drug-drug Instructions: All submissions received The guidance represents the current interaction (DDI) studies involving must include the Docket No. FDA– thinking of FDA on elemental combined oral contraceptives (COCs) 2020–D–1848 for ‘‘Clinical Drug impurities in animal drug products. It during drug development as well as Interaction Studies With Combined Oral does not establish any rights for any determining how to communicate the Contraceptives.’’ Received comments person and is not binding on FDA or the results and recommendations from the will be placed in the docket and, except public. You can use an alternative DDI studies. Specifically, this guidance for those submitted as ‘‘Confidential approach if it satisfies the requirements focuses on the conduct of clinical Submissions,’’ publicly viewable at of the applicable statutes and studies to evaluate the DDI potential of https://www.regulations.gov or at the regulations. an investigational drug on a COC, Dockets Management Staff between 9 including the need for and design of the a.m. and 4 p.m., Monday through II. Paperwork Reduction Act of 1995 clinical studies and the interpretation of Friday, 240–402–7500. This guidance contains no collection the study results. • Confidential Submissions—To of information. Therefore, clearance by DATES: Submit either electronic or submit a comment with confidential the Office of Management and Budget written comments on the draft guidance information that you do not wish to be (OMB) under the Paperwork Reduction by February 22, 2021 to ensure that the made publicly available, submit your Act of 1995 (PRA) (44 U.S.C. 3501– Agency considers your comment on this comments only as a written/paper 3521) is not required. draft guidance before it begins work on submission. You should submit two However, this guidance refers to the final version of the guidance. copies total. One copy will include the previously approved FDA collections of ADDRESSES: You may submit comments information you claim to be confidential information. These collections of on any guidance at any time as follows: with a heading or cover note that states information are subject to review by ‘‘THIS DOCUMENT CONTAINS OMB under the PRA. The collections of Electronic Submissions CONFIDENTIAL INFORMATION.’’ The information in section 512(n)(1) of the Submit electronic comments in the Agency will review this copy, including Federal Food, Drug, and Cosmetic Act following way: the claimed confidential information, in (21 U.S.C. 360b(n)(1)) have been • Federal eRulemaking Portal: its consideration of comments. The approved under OMB control number https://www.regulations.gov. Follow the second copy, which will have the 0910–0669; the collections of instructions for submitting comments. claimed confidential information information in 21 CFR part 514 have Comments submitted electronically, redacted/blacked out, will be available been approved under OMB control including attachments, to https:// for public viewing and posted on number 0910–0032. www.regulations.gov will be posted to https://www.regulations.gov. Submit the docket unchanged. Because your both copies to the Dockets Management III. Electronic Access comment will be made public, you are Staff. If you do not wish your name and Persons with access to the internet solely responsible for ensuring that your contact information to be made publicly may obtain the guidance at either comment does not include any available, you can provide this https://www.fda.gov/animal-veterinary/ confidential information that you or a information on the cover sheet and not guidance-regulations/guidance-industry third party may not wish to be posted, in the body of your comments and you or https://www.regulations.gov. such as medical information, your or must identify this information as Dated: November 17, 2020. anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked Lauren K. Roth, confidential business information, such as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 Acting Principal Associate Commissioner for as a manufacturing process. Please note Policy. that if you include your name, contact and other applicable disclosure law. For more information about FDA’s posting [FR Doc. 2020–25726 Filed 11–20–20; 8:45 am] information, or other information that identifies you in the body of your of comments to public dockets, see 80 BILLING CODE 4164–01–P comments, that information will be FR 56469, September 18, 2015, or access posted on https://www.regulations.gov. the information at: https:// • DEPARTMENT OF HEALTH AND If you want to submit a comment www.govinfo.gov/content/pkg/FR-2015- HUMAN SERVICES with confidential information that you 09-18/pdf/2015-23389.pdf. do not wish to be made available to the Docket: For access to the docket to Food and Drug Administration public, submit the comment as a read background documents or the written/paper submission and in the electronic and written/paper comments [Docket No. FDA–2020–D–1848] manner detailed (see ‘‘Written/Paper received, go to https:// www.regulations.gov and insert the Clinical Drug Interaction Studies With Submissions’’ and ‘‘Instructions’’). docket number, found in brackets in the Combined Oral Contraceptives; Draft Written/Paper Submissions heading of this document, into the Guidance for Industry; Availability Submit written/paper submissions as ‘‘Search’’ box and follow the prompts AGENCY: Food and Drug Administration, follows: and/or go to the Dockets Management HHS. • Mail/Hand Delivery/Courier (for Staff, 5630 Fishers Lane, Rm. 1061, ACTION: Notice of availability. written/paper submissions): Dockets Rockville, MD 20852, 240–402–7500. Management Staff (HFA–305), Food and You may submit comments on any SUMMARY: The Food and Drug Drug Administration, 5630 Fishers guidance at any time (see 21 CFR Administration (FDA or Agency) is Lane, Rm. 1061, Rockville, MD 20852. 10.115(g)(5)). announcing the availability of a draft • For written/paper comments Submit written requests for single guidance for industry entitled ‘‘Clinical submitted to the Dockets Management copies of the draft guidance to the Drug Interaction Studies With Staff, FDA will post your comment, as Division of Drug Information, Center for Combined Oral Contraceptives.’’ This well as any attachments, except for Drug Evaluation and Research, Food guidance assists sponsors of information submitted, marked and and Drug Administration, 10001 New investigational new drug applications identified, as confidential, if submitted Hampshire Ave., Hillandale Building, and new drug applications in evaluating as detailed in ‘‘Instructions.’’ 4th Floor, Silver Spring, MD 20993–

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0002. Send one self-addressed adhesive II. Paperwork Reduction Act of 1995 ADDRESSES: All comments must be label to assist that office in processing submitted electronically to NVP.RFI@ While this guidance contains no your requests. See the SUPPLEMENTARY hhs.gov to be considered. collection of information, it does refer to INFORMATION section for electronic FOR FURTHER INFORMATION CONTACT: previously approved FDA collections of access to the draft guidance document. David Kim, OIDP, [email protected], information. Therefore, clearance by the 202–795–7636. FOR FURTHER INFORMATION CONTACT: Office of Management and Budget Lauren Milligan, Center for Drug (OMB) under the Paperwork Reduction SUPPLEMENTARY INFORMATION: The Evaluation and Research, Food and Act of 1995 (PRA) (44 U.S.C. 3501– development of a National Vaccine Plan Drug Administration, 10903 New 3521) is not required for this guidance. was mandated by Congress as a Hampshire Ave., Bldg. 51, Rm. 3159, The previously approved collections of mechanism for the Director of the Silver Spring, MD 20903–0002, 301– information are subject to review by National Vaccine Program (as delegated 796–5008, or [email protected]. OMB under the PRA. The collections of by the Assistant Secretary for Health) to communicate priorities for achieving SUPPLEMENTARY INFORMATION: information for submissions of investigational new drug applications, the Program’s responsibilities of I. Background new drug applications, and biologic ensuring adequate supply of and access license applications in 21 CFR parts to vaccines and ensuring the effective FDA is announcing the availability of and optimal use of vaccines. The most 312, 314, and 601 have been approved a draft guidance for industry entitled recent Plan, released in 2010, provided under OMB control numbers 0910– ‘‘Clinical Drug Interaction Studies With a comprehensive 10-year national 0014; 0910–0001; and 0910–0338, Combined Oral Contraceptives.’’ COCs strategy for enhancing all aspects of the respectively. In addition, the can effectively prevent pregnancy; plan, including vaccine research and submission of prescription drug labeling however, the use of concomitant development, supply, financing, under 21 CFR 201.56 and 201.57 has medications could result in DDIs that distribution, and safety; informed been approved under OMB control affect the safety and/or efficacy of COCs. decision-making by consumers and number 0910–0572. For example, the induction of drug health care providers; vaccine- metabolizing enzymes could cause III. Electronic Access preventable disease surveillance; lower levels of progestin and/or vaccine effectiveness and use estrogen and compromise the efficacy of Persons with access to the internet monitoring; and global cooperation COCs, while inhibition of metabolizing may obtain the draft guidance at either (http://www.hhs.gov/nvpo/vacc_plan/ enzymes could cause higher levels of https://www.fda.gov/drugs/guidance- index.html). The 2010 Plan and the these hormones and increase the risk of compliance-regulatory-information/ associated implementation plan (https:// safety events such as venous guidances-drugs or https:// www.hhs.gov/sites/default/files/nvpo/ thromboembolism. www.regulations.gov. vacc_plan/2010-2015-Plan/ This draft guidance discusses when Dated: November 13, 2020. implementationplan.pdf) have played DDI studies with COCs should be Lauren K. Roth, an important role in guiding strategies conducted. It also provides Acting Principal Associate Commissioner for and allocations of resources with recommendations on the design and Policy. respect to vaccines and vaccination. conduct of such studies, including but [FR Doc. 2020–25744 Filed 11–20–20; 8:45 am] However, since the publication of the not limited to the study population, the BILLING CODE 4164–01–P 2010 Plan, there have been many choice of COC, study design, changes in the vaccine landscape. pharmacokinetic sampling schedule, With U.S. vaccination rates above and pharmacodynamic assessments. DEPARTMENT OF HEALTH AND 90% for many childhood vaccines, most This guidance discusses the HUMAN SERVICES individuals have not witnessed interpretation of results from clinical firsthand the devastating illnesses DDI studies with COCs and whether it Request for Information (RFI): against which vaccines offer protection, is possible to extrapolate the results of Vaccines National Strategic Plan such as polio or diphtheria. According such studies to other COCs. Based on Available for Public Comment to a recent study, routine childhood the study results, specific immunizations among U.S. children recommendations for labeling are AGENCY: Office of Infectious Disease and born in 2009 will prevent 20 million provided. Decision trees regarding HIV/AIDS Policy (OIDP), Office of the cases of disease and 42,000 premature whether a DDI study with a COC is Assistant Secretary for Health, Office of deaths, with a net savings of $13.5 recommended based on the the Secretary, Department of Health and billion in direct costs and $68.8 billion 1 metabolizing enzyme inhibition or Human Services (HHS). in total societal costs. In contrast, adult induction potential of the ACTION: Notice. vaccination coverage rates have investigational drug are also included. remained persistently low, with only SUMMARY: The Department of Health and modest gains for certain populations in This draft guidance is being issued the past few years.2 As a result, the consistent with FDA’s good guidance Human Services (HHS) Office of Infectious Disease and HIV/AIDS Policy standards for adult immunization practices regulation (21 CFR 10.115). practice were updated in 2014 to The draft guidance, when finalized, will (OIDP) in the Office of the Assistant Secretary for Health (OASH) announces promote integration of vaccines into represent the current thinking of FDA routine clinical care for adults.3 on ‘‘Clinical Drug Interaction Studies the draft Vaccines National Strategic With Combined Oral Contraceptives.’’ It Plan 2021–2025 (Vaccine Plan) available for public comment. The draft Vaccine 1 Zhou F. et al. Economic evaluation of the does not establish any rights for any routine childhood immunization program in the person and is not binding on FDA or the Plan may be reviewed at www.hhs.gov/ United States, 2009. Pediatrics. 2014; 133: 1–9. public. You can use an alternative oidp. 2 https://www.cdc.gov/vaccines/imz-managers/ coverage/adultvaxview/pubs-resources/NHIS- DATES approach if it satisfies the requirements : All comments must be received 2017.html. of the applicable statutes and by 5:00 p.m. ET on December 3, 2020 to 3 National Vaccine Advisory Committee. regulations. be considered. Recommendations from the National Vaccine

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Despite the widespread availability of has a broad focus on the entire vaccine DEPARTMENT OF HEALTH AND effective vaccines, vaccine-preventable enterprise and is not focused HUMAN SERVICES diseases (VPDs) remain a significant specifically on any one vaccine or the public health challenge. In particular, pandemic response. HHS, through National Institutes of Health rates of non-medical exemptions for OIDP, seeks input regarding the draft of 4 National Institute of Mental Health; childhood vaccines are increasing, and the Vaccine Plan from subject matter Notice of Closed Meeting there have been recent measles experts and nonfederal partners and 5 outbreaks in the U.S. and globally, due stakeholders such as health care Pursuant to section 10(d) of the to growing vaccine hesitancy and providers, national professional Federal Advisory Committee Act, as coverage levels below the threshold organizations, health departments, amended, notice is hereby given of the needed for herd immunity. With an school administrators, community- following meeting. estimated cost of $20,000 per case of The meeting will be closed to the 6 based and faith-based organizations, measles to the public sector in 2016, public in accordance with the the economic consequences of this and manufacturers, researchers, advocates, and persons affected by VPDs. provisions set forth in sections other VPDs, as well as the health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., consequences, are significant. The following are the Vaccine Plan’s as amended. The grant applications and Furthermore, few adults in any age vision and goals. Vision: United States the discussions could disclose group are fully vaccinated as will be a place where vaccine- confidential trade secrets or commercial recommended by the Advisory preventable diseases are eliminated 2 property such as patentable material, Committee on Immunization Practices. through safe and effective vaccination and personal information concerning Large disparities in vaccine coverage by over the lifespan. Goals: individuals associated with the grant race/ethnicity persist, with African 1. Foster innovation in vaccine applications, the disclosure of which Americans, Hispanics, and Asian would constitute a clearly unwarranted Americans lagging behind whites in development and related technologies. invasion of personal privacy. nearly all vaccination coverage rates.7 2. Maintain the highest possible levels VPDs such as pertussis and hepatitis B of vaccine safety. Name of Committee: National Institute of Mental Health Special Emphasis Panel; continue to take a heavy toll on public 3. Increase knowledge of and health,8 with 18,975 cases of pertussis Mental Health Services Research Special confidence in routinely recommended. Emphasis Panel. and 3,409 (22,000 estimated) cases of 4. Increase access to and use of all Date: December 17, 2020. hepatitis B infections reported in the Time: 2:00 p.m. to 4:00 p.m. 910 routinely recommended vaccines. United States in 2017. In light of Agenda: To review and evaluate grant these challenges, strengthening the 5. Protect the health of the American applications. vaccine and immunization enterprise is public by supporting global Place: National Institutes of Health, a priority for HHS. immunization efforts. Neuroscience Center, 6001 Executive To respond to the public health Boulevard, Rockville, MD 20852 (Telephone challenges of VPDs, OIDP in Information Needs Conference Call). collaboration with other federal partners Contact Person: Nicholas Gaiano, Ph.D., is leading the development of the The draft Vaccine Plan may be Review Branch Chief, Division of Extramural Vaccines National Strategic Plan reviewed at www.hhs.gov/oidp. Activities, National Institute of Mental Health, NIH, Neuroscience Center/Room (Vaccine Plan). This updated plan will OIDP seeks to obtain feedback from 6150/MSC 9606, 6001 Executive Boulevard, recommend vaccine strategies across the external stakeholders on the following: Bethesda, MD 20892–9606, 301–443–2742, lifespan and guide priority actions for 1. Do the draft Vaccine Plan’s goals, [email protected]. the period 2021–2025. While COVID–19 objectives, and strategies appropriately (Catalogue of Federal Domestic Assistance and coronavirus vaccine development address the vaccine landscape? Program No. 93.242, Mental Health Research are currently changing the landscape of Grants, National Institutes of Health, HHS) the vaccine enterprise, the Vaccine Plan 2. Are there any critical gaps in the Vaccine Plan’s goals, objectives, and Dated: November 17, 2020. Patricia B. Hansberger, Advisory Committee: Standards for adult strategies? If so, please specify the gaps. immunization practice. Public Health Rep. Supervisory Program Analyst, Office of 2014;129:115–23. 3. Do any of the Vaccine Plan’s goals, Federal Advisory Committee Policy. 4 Omer, S. et al. Nonmedical exemptions to objectives and strategies cause concern? [FR Doc. 2020–25749 Filed 11–20–20; 8:45 am] school immunization requirements: Secular trends If so, please specify the goal, objective BILLING CODE 4140–01–P and association of state policies with pertussis or strategy, and describe the concern incidence. JAMA. 2006;296(14):1757–1763. regarding it. 5 https://www.cdc.gov/measles/cases- outbreaks.html. Please be succinct and limit your DEPARTMENT OF HEALTH AND 6 Lo NC, Hotez P.J. Public Health and Economic comments to a maximum of seven HUMAN SERVICES Consequences of Vaccine Hesitancy for Measles in pages. the United States. JAMA Pediatr. 2017;171(9):887– National Institutes of Health 892. doi:10.1001/jamapediatrics.2017.1695. Authority: 42 U.S.C. Section 300aa–3. 7 Lu P.J. et al. Racial and Ethnic Disparities in National Institute on Drug Abuse; Vaccination Coverage Among Adult Populations in Dated: November 17, 2020. Notice of Closed Meeting the U.S. Am J. Prev Med. 2015;49(6 Suppl 4):S412– B. Kaye Hayes, S425. doi:10.1016/j.amepre.2015.03.005. 8 https://www.cdc.gov/vaccines/pubs/pinkbook/ Acting Director, Office of Infectious Disease Pursuant to section 10(d) of the downloads/appendices/e/reported-cases.pdf. and HIV/AIDS Policy. Federal Advisory Committee Act, as 9 https://www.chop.edu/centers-programs/ [FR Doc. 2020–25842 Filed 11–20–20; 8:45 am] amended, notice is hereby given of the vaccine-education-center/global-immunization/ BILLING CODE 4150–43–P following meeting. diseases-and-vaccines-world-view. The meeting will be closed to the 10 Schillie et al. Prevention of Hepatitis B Virus Infection in the United States: Recommendations of public in accordance with the the Advisory Committee on Immunization provisions set forth in sections Practices. MMWR. 2018;67(1):1–31. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,

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as amended. The contract proposals and would constitute a clearly unwarranted Agenda: To review and evaluate contract the discussions could disclose invasion of personal privacy. proposals. Place: National Institute of Allergy and confidential trade secrets or commercial Name of Committee: National Institute of property such as patentable material, Infectious Diseases, National Institutes of Allergy and Infectious Diseases Special Health, 5601 Fishers Lane, Room 3G31, and personal information concerning Emphasis Panel; Preclinical and Rockville, MD 20892 (Virtual Meeting). individuals associated with the contract Translational Vaccine Development Support Contact Person: Cynthia L. De La Fuente, proposals, the disclosure of which for HIV and Other Candidate Agents (PTVDS) Ph.D., Scientific Review Officer, Scientific would constitute a clearly unwarranted (N01), Task Areas C and D. Review Program, Division of Extramural invasion of personal privacy. Date: December 17, 2020. Activities, National Institute of Allergy and Time: 10:00 a.m. to 6:00 p.m. Infectious Diseases, National Institutes of Name of Committee: National Institute on Agenda: To review and evaluate contract Health, 5601 Fishers Lane, Room 3G31, Drug Abuse Special Emphasis Panel; DEA- proposals. Rockville, MD 20852, 240–669–2740, Compliant Drug Detection and Deactivation Place: National Institute of Allergy and [email protected]. Technology to Deter Opioid Theft in Infectious Diseases, National Institutes of (Catalogue of Federal Domestic Assistance Hospitals for Next Generation Controlled Health, 5601 Fishers Lane, Room 3G31, Substance Diversion Prevention Program Program Nos. 93.855, Allergy, Immunology, Rockville, MD 20892 (Virtual Meeting). and Transplantation Research; 93.856, (CSDPP) Contact Person: Cynthia L. De La Fuente, Date: December 15, 2020. Microbiology and Infectious Diseases Ph.D., Scientific Review Officer, Scientific Research, National Institutes of Health, HHS) Time: 3:00 p.m. to 5:00 p.m. Review Program, Division of Extramural Agenda: To review and evaluate contract Activities, National Institute of Allergy and Dated: November 17, 2020. proposals. Infectious Diseases, National Institutes of Tyeshia M. Roberson, Place: National Institutes of Health, Health, 5601 Fishers Lane, Room 3G31, Program Analyst, Office of Federal Advisory National Institute on Drug Abuse, 301 North Rockville, MD 20852, 240–669–2740, Committee Policy. Stonestreet Avenue, Bethesda, MD 20892 (Virtual Meeting). [email protected]. [FR Doc. 2020–25799 Filed 11–20–20; 8:45 am] Contact Person: Soyoun Cho, Ph.D., (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Scientific Review Officer, Scientific Review Program Nos. 93.855, Allergy, Immunology, Branch, Division of Extramural Research, and Transplantation Research; 93.856, National Institute on Drug Abuse, NIH, 301 Microbiology and Infectious Diseases DEPARTMENT OF HEALTH AND North Stonestreet Avenue, MSC 6021, Research, National Institutes of Health, HHS) HUMAN SERVICES Bethesda, MD 20892, (301) 594–9460, Dated: November 17, 2020. [email protected]. Tyeshia M. Roberson, National Institutes of Health (Catalogue of Federal Domestic Assistance Program Nos. 93.277, Drug Abuse Scientist Program Analyst, Office of Federal Advisory National Institute of Allergy and Development Award for Clinicians, Scientist Committee Policy. Infectious Diseases; Notice of Closed Development Awards, and Research Scientist [FR Doc. 2020–25798 Filed 11–20–20; 8:45 am] Meeting Awards; 93.278, Drug Abuse National BILLING CODE 4140–01–P Research Service Awards for Research Pursuant to section 10(d) of the Training; 93.279, Drug Abuse and Addiction Federal Advisory Committee Act, as Research Programs, National Institutes of DEPARTMENT OF HEALTH AND amended, notice is hereby given of the Health, HHS) HUMAN SERVICES following meeting. Dated: November 17, 2020. The meeting will be closed to the Tyeshia M. Roberson, National Institutes of Health public in accordance with the Program Analyst, Office of Federal Advisory provisions set forth in sections Committee Policy. National Institute of Allergy and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Infectious Diseases; Notice of Closed [FR Doc. 2020–25800 Filed 11–20–20; 8:45 am] as amended. The grant applications and Meeting BILLING CODE 4140–01–P the discussions could disclose Pursuant to section 10(d) of the confidential trade secrets or commercial Federal Advisory Committee Act, as property such as patentable material, DEPARTMENT OF HEALTH AND amended, notice is hereby given of the and personal information concerning HUMAN SERVICES following meeting. individuals associated with the grant applications, the disclosure of which National Institutes of Health The meeting will be closed to the public in accordance with the would constitute a clearly unwarranted invasion of personal privacy. National Institute of Allergy and provisions set forth in sections Infectious Diseases; Notice of Closed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Meeting as amended. The contract proposals and Allergy and Infectious Diseases Special the discussions could disclose Emphasis Panel NIAID Investigator Initiated Pursuant to section 10(d) of the Program Project Applications (P01 Clinical confidential trade secrets or commercial Trial Not Allowed). Federal Advisory Committee Act, as property such as patentable material, amended, notice is hereby given of the Date: December 16, 2020. and personal information concerning Time: 12:00 p.m. to 4:00 p.m. following meeting. individuals associated with the contract Agenda: To review and evaluate grant The meeting will be closed to the proposals, the disclosure of which applications. public in accordance with the would constitute a clearly unwarranted Place: National Institute of Allergy and provisions set forth in sections invasion of personal privacy. Infectious Diseases, National Institutes of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 5601 Fishers Lane, Room 3G60, as amended. The contract proposals and Name of Committee: National Institute of Rockville, MD 20892 (Virtual Meeting). the discussions could disclose Allergy and Infectious Diseases Special Contact Person: Gregory P. Jarosik, Ph.D. Emphasis Panel; Preclinical and confidential trade secrets or commercial Scientific Review Program, Division of Translational Vaccine Development Support Extramural Activities, National Institute of property such as patentable material, for HIV and Other Candidate Agents Allergy and Infectious Diseases, National and personal information concerning (PTVDS), Task Areas A and B. Institutes of Health, 5601 Fishers Lane, Room individuals associated with the contract Date: December 14, 2020. 3G60, Rockville, MD 20852, (240) 669–5080, proposals, the disclosure of which Time: 10:00 a.m. to 6:00 p.m. [email protected].

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(Catalogue of Federal Domestic Assistance published annually in the Federal Guard expenses for personnel and Program Nos. 93.855, Allergy, Immunology, Register. This notice specifies the activities directly related to and Transplantation Research; 93.856, funding amounts the Coast Guard has coordinating and carrying out the Microbiology and Infectious Diseases committed, obligated, or expended national recreational boating safety Research, National Institutes of Health, HHS) during fiscal year 2020, as of September program. Amounts made available Dated: November 17, 2020. 30, 2020. under this subsection remain available Tyeshia M. Roberson, FOR FURTHER INFORMATION CONTACT: For during the two succeeding fiscal years. Program Analyst, Office of Federal Advisory questions on this notice please contact Any amount that is unexpended or Committee Policy. Mr. Jeff Decker, U.S. Coast Guard, unobligated at the end of the 3-year [FR Doc. 2020–25802 Filed 11–20–20; 8:45 am] Regulations Development Manager, period during which it is available shall BILLING CODE 4140–01–P (202) 372–1507 or: [email protected]. be withdrawn by the Secretary and allocated to the States in addition to any SUPPLEMENTARY INFORMATION: other amounts available for allocation in DEPARTMENT OF HOMELAND Background and Purpose the fiscal year in which they are SECURITY Since 1998, Congress has passed a withdrawn or the following fiscal year. Use of these funds requires Coast Guard series of laws providing funding for projects, programs, and activities compliance with standard Federal [Docket No. USCG–2010–1066] funded under the national recreational contracting rules with associated lead boating safety program, which is and processing times resulting in a lag Recreational Boating Safety Projects, administered by the U.S. Coast Guard. time between available funds and Programs, and Activities Funded For a detailed description of the spending. The total amount of funding Under Provisions of the Fixing legislative history, please see the transferred to the Coast Guard from the America’s Surface Transportation Act; Recreational Boating Safety Projects, Trust Fund, and committed, obligated, Fiscal Year 2020 Programs, and Activities Funded Under and/or expended during fiscal year 2020 for each project is shown below. ACTION: Notice. Provisions of the Fixing America’s Surface Transportation Act; Fiscal Year Specific Accounting of Funds SUMMARY: The Coast Guard is publishing 2016 Notice published in the Federal this notice to satisfy a requirement of Register on April 12, 2017 (82 FR The total amount of funding the Fixing America’s Surface 17671). transferred to the Coast Guard from the Transportation Act that requires a These funds are available to the Sport Fish Restoration and Boating detailed accounting of the projects, Secretary from the Sport Fish Trust Fund and committed, obligated, programs, and activities funded under Restoration and Boating Trust Fund and/or expended during fiscal year 2020 the national recreational boating safety (Trust Fund) established under 26 for each project is shown in the chart program provision of the Act be U.S.C. 9504(a) for payment of Coast below.

Project Description Cost

46 USC 43 Compliance: Inspection Pro- Provided for continuance of the national recreational boat compliance inspection $2,041,346 gram/Boat Testing Program. program, which began in January 2001. 46 USC 43 Compliance: Staff Salaries Provided for personnel to oversee manufacturer compliance with 46 U.S.C. 43 re- 560,150 and Travel. quirements. Administrative Overhead ...... Supplies and Materials to support the RBS Program ...... 37,506 Boating Accident Report Database Provided for maintaining the BARD Web System, which enables reporting authori- 514,186 (BARD) Web System. ties in the 50 States, five U.S. Territories, and the District of Columbia to submit their accident reports electronically over a secure Internet connection. Contract Personnel Support ...... Provided contract personnel to conduct boating safety-related research and anal- 924,254 ysis. Grant Management Training ...... Provided to facilitate staff training on new grant management requirements ...... 96,501 Recreational Boating Safety Program Provided for travel by employees of the Boating Safety Division to gather back- 41,433 Travel. ground and planning information for new recreational boating safety initiatives. Reimbursable Salaries ...... Provided for 18 personnel directly related to coordinating and carrying out the na- 2,733,653 tional recreational boating safety program and Administrative Reserve Support. Survey ...... Provided for collecting data to support the National Recreational Boating Survey .... 50,000

Of the $8.307 million made available Database, and other projects, or it may DEPARTMENT OF HOMELAND to the Coast Guard in fiscal year 2020, be transferred into the pool of money SECURITY $709,802 has been committed, available for allocation through the state obligated, or expended and an grant program. U.S. Customs and Border Protection additional $6,289,226 of prior fiscal year Authority funds have been committed, obligated, [1651–0048] or expended, as of September 30, 2020. This notice is issued pursuant to 5 The remainder of the FY19 and FY20 U.S.C. 552 and 46 U.S.C. 13107(c)(4). Agency Information Collection funds made available to the Coast Guard Dated: November 17, 2020. Activities: Declaration of Person Who (approximately $9.231 million) may be Wayne R. Arguin, Jr., Performed Repairs or Alterations retained for the allowable period for the Captain, U.S. Coast Guard, Director of National Recreational Boating Survey, Inspections and Compliance. AGENCY: U.S. Customs and Border the expected reengineering of the [FR Doc. 2020–25775 Filed 11–20–20; 8:45 am] Protection (CBP), Department of Boating Accident and Reporting BILLING CODE 9110–04–P Homeland Security.

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ACTION: 60-Day notice and request for utility, and clarity of the information to Estimated Time per Response: 30 comments; extension of an existing be collected; and (4) suggestions to minutes (0.5 hours). collection of information. minimize the burden of the collection of Estimated Total Annual Burden information on those who are to Hours: 10,236. SUMMARY: U.S. Customs and Border respond, including through the use of Protection (CBP) of the Department of Dated: November 18, 2020. appropriate automated, electronic, Seth D. Renkema, Homeland Security will be submitting mechanical, or other technological the following information collection Branch Chief, Economic Impact Analysis collection techniques or other forms of Branch, U.S. Customs and Border Protection. request to the Office of Management and information technology, e.g., permitting Budget (OMB) for review and approval electronic submission of responses. The [FR Doc. 2020–25819 Filed 11–20–20; 8:45 am] in accordance with the Paperwork comments that are submitted will be BILLING CODE P Reduction Act of 1995 (PRA). The summarized and included in the request information collection is published in for approval. All comments will become DEPARTMENT OF HOMELAND the Federal Register to obtain comments a matter of public record. from the public and affected agencies. SECURITY Comments are encouraged and must be Overview of This Information [Docket No. DHS–2020–0231] submitted no later than January 22, 2021 Collection to be assured of consideration. Title: Declaration of Person Who Privacy Act of 1974; System of ADDRESSES: Written comments and/or Performed Repairs or Alterations. Records suggestions regarding the item(s) OMB Number: 1651–0048. AGENCY: Department of Homeland contained in this notice must include Form Number: N/A. Security, United States Coast Guard. the OMB Control Number 1651–0048 in Current Actions: CBP proposes to ACTION: Notice of Modified Privacy Act the subject line and the agency name. extend the expiration date of this System of Records. Please submit comments via email to information collection with no change _ CBP [email protected]. Due to COVID– to the burden hours or to the SUMMARY: In accordance with the 19-related restrictions, CBP has information collected. Privacy Act of 1974, the Department of temporarily suspended its ability to Type of Review: Extension (without Homeland Security (DHS) proposes to receive public comments by mail. change). modify and reissue a current DHS FOR FURTHER INFORMATION CONTACT: Affected Public: Businesses. system of records titled, ‘‘DHS/United Requests for additional PRA information Abstract: The ‘‘Declaration of Person States Coast Guard (USCG)–061 should be directed to Seth Renkema, Who Performed Repairs or Alterations,’’ Maritime Awareness Global Network Chief, Economic Impact Analysis as required by 19 CFR 10.8, is used in (MAGNET) System of Records.’’ The Branch, U.S. Customs and Border connection with the entry of articles modified system of records is to be Protection, Office of Trade, Regulations entered under subheadings 9802.00.40 reissued and renamed as ‘‘DHS/USCG– and Rulings, 90 K Street NE, 10th Floor, and 9802.00.50, Harmonized Tariff 061 Maritime Analytic Support System Washington, DC 20229–1177, Schedule of the United States (HTSUS, (MASS) System of Records.’’ This Telephone number 202–325–0056 or via https://hts.usitc.gov/current). Articles system of records allows the DHS/USCG email [email protected]. Please entered under these HTSUS provisions to collect and maintain records in a note that the contact information are articles that were temporarily centralized location that relate to the provided here is solely for questions exported from the United States for U.S. Coast Guard’s missions that are regarding this notice. Individuals repairs or alterations, and are returned found within the maritime domain. The seeking information about other CBP to the United States. Upon their return, information covered by this system of programs should contact the CBP duty is only assessed on the value of the records is relevant to the eleven U.S. National Customer Service Center at repairs or alterations performed abroad Coast Guard statutory missions (Port, 877–227–5511, (TTY) 1–800–877–8339, and not on the full value of the article. Waterways, and Coastal Security or CBP website at https://www.cbp.gov/. The declaration under 19 CFR 10.8 (PWCS); Drug Interdiction; Aid to SUPPLEMENTARY INFORMATION: CBP includes information, such as (1) a Maritime Navigation; Search and Rescue invites the general public and other description of the article and the repairs (SAR) Operations; Protection of Living Federal agencies to comment on the or alterations, (2) the value of the article Marine Resources; Ensuring Marine proposed and/or continuing information and the repairs or alterations, and (3) a Safety, Defense Readiness; Migrant collections pursuant to the Paperwork declaration by the owner, importer, Interdiction; Marine Environmental Reduction Act of 1995 (44 U.S.C. 3501 consignee, or agent having knowledge of Protection; Ice Operations; and Law et seq.). This process is conducted in the pertinent facts. The information in Enforcement). DHS/USCG is updating accordance with 5 CFR 1320.8. Written this declaration is used by CBP to this system of records notice to include comments and suggestions from the determine the value of the repairs or and update additional data sources, public and affected agencies should alterations, and to assess duty only on system security and auditing protocols, address one or more of the following the value of those repairs or alterations. routine uses, and user interfaces. four points: (1) Whether the proposed These requirements apply to the trade Additionally, DHS/USCG is collection of information is necessary community who are required by law to concurrently issuing a Notice of for the proper performance of the provide this declaration. Proposed Rulemaking, and subsequent functions of the agency, including Type of Information Collection: Final Rule, to exempt this system of whether the information will have Declaration for Repairs or Alterations. records from certain provisions of the practical utility; (2) the accuracy of the Estimated Number of Respondents: Privacy Act due to criminal, civil, and agency’s estimate of the burden of the 10,236. administrative enforcement proposed collection of information, Estimated Number of Annual requirements. Furthermore, this notice including the validity of the Responses per Respondent: 2. includes non-substantive changes to methodology and assumptions used; (3) Estimated Number of Total Annual simplify the formatting and text of the suggestions to enhance the quality, Responses: 20,472. previously published notice.

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This modified system will be environment, allowing USCG to apply MASS receives data from several included in DHS’s inventory of record new technologies to better tag data for systems both within and outside of DHS systems. retention, access, and use purposes. through electronic transfers of DATES: Submit comments on or before (3) Refresh user interfaces making information. These electronic transfers December 23, 2020. This modified MASS more user-friendly and intuitive include the use of Secure File Transfer system will be applicable December 23, to access and use. Protocol (SFTP), system-to-system 2020. (4) Ingest new data sources on an as- communications via specially written internet Protocol socket-based data ADDRESSES: You may submit comments, needed basis in the future more easily. streaming, database-to-database identified by docket number DHS– (5) Update routine uses for MASS by replication of data, electronic transfer of 2020–0231 by one of the following either adding or removing previous database transactional backup files, and methods: routine uses. A new routine use (D) is • Federal e-Rulemaking Portal: http:// being added to account for disclosures delivery of formatted data via electronic www.regulations.gov. Follow the relating to performing audit or oversight mail. instructions for submitting comments. operations; new routine uses (E) and (F) Consistent with DHS’s information • Fax: 202–343–4010. are being added to conform to Office of sharing mission, information stored in • Mail: Constantina Kozanas, Chief Management and Budget M–17–12, MASS may be shared with other DHS Privacy Officer, Privacy Office, ‘‘Preparing for and Responding to a Components that have a need to know Department of Homeland Security, Breach of Personally Identifiable the information to carry out their Washington, DC 20528–0655. Information’’ (January 3, 2017); a new national security, law enforcement, Instructions: All submissions received routine use (I) is being added to account immigration, intelligence, or other must include the agency name and for disclosures related to investigating homeland security functions. In docket number DHS–2020–0231. All threats or potential threats to national or addition, DHS/USCG may share comments received will be posted international security or assisting in information with appropriate federal, without change to http:// counterterrorism efforts; a new routine state, local, tribal, territorial, foreign, or www.regulations.gov, including any use (N) is being added to account for international government agencies personal information provided. disclosures related to the purpose of consistent with the routine uses set Docket: For access to the docket to testing new technology; and a new forth in this system of records notice. read background documents or routine use (O) is being added to Additionally, DHS/USCG is updating comments received, go to http:// account for disclosures to news media rulemaking associated with this system www.regulations.gov. and public with the approval of the of records to exempt certain provisions Chief Privacy Officer. Previous routine FOR FURTHER INFORMATION CONTACT: For of the Privacy Act due to criminal, civil, uses (A), (C), (E), and (K) have been general questions, please contact: and administrative enforcement removed as disclosures are authorized Kathleen Claffie, (202) 475–3515, HQS- requirements. Furthermore, this notice under new routine uses (D), (H), (H), [email protected], Chief, Office includes non-substantive changes to and (A), respectively. Finally, USCG is of Privacy Management (CG–6P), U.S. simplify the formatting and text of the re-lettering several of the routine uses to Coast Guard, 2703 Martin Luther King, previously published notice. Jr. Ave. SE, Stop 7710, Washington, DC align with these changes. This modified system will be 20593–7710. For privacy questions, These updates better accommodate included in DHS’s inventory of record please contact: Constantina Kozanas, the accomplishment of the eleven U.S. systems. (202) 343–1717, [email protected], Coast Guard statutory missions. Those Chief Privacy Officer, Privacy Office, missions require the collection of a wide II. Privacy Act Department of Homeland Security, range of information, including Washington, DC 20528–0655. personally identifiable information (PII). The Privacy Act embodies fair SUPPLEMENTARY INFORMATION: The collection and use of PII is required information practice principles in a to effectively conduct the statutory framework governing the I. Background responsibilities associated with these means by which federal government In accordance with the Privacy Act of mission areas and promote Maritime agencies collect, maintain, use, and 1974, 5 U.S.C. 552a, the Department of Domain Awareness (MDA). disseminate individuals’ records. The Homeland Security (DHS)/U.S. Coast MASS provides storage and access to Privacy Act applies to information that Guard (USCG) proposes to modify and maritime information and provides is maintained in a ‘‘system of records.’’ reissue a current DHS system of records basic search capabilities either by a A ‘‘system of records’’ is a group of any titled, ‘‘DHS/USCG–061 Maritime person or by vessel. Person searches records under the control of an agency Awareness Global Network (MAGNET) may be retrieved by passport or from which information is retrieved by System of Records.’’ The modified merchant mariner license number. the name of an individual or by some system of records is to be reissued and Vessel searches may be retrieved by identifying number, symbol, or other renamed as ‘‘DHS/USCG Maritime vessel name, hull identification, or identifying particular assigned to the Analytic Support System (MASS) registration number. MASS enhances individual. In the Privacy Act, an System of Records.’’ current capabilities by adding data individual is defined to encompass U.S. The Coast Guard’s enterprise sources, media storage, access citizens and lawful permanent modernization to the MAGNet capabilities, and infrastructure to residents. Similarly, the Judicial Redress framework prompted the need to reissue provide rapid, near real-time data to the Act (JRA) provides covered persons the this SORN. The updated framework USCG and other authorized statutory right to make requests for enables the U.S. Coast Guard to: organizations. MASS users leverage the access and amendment to covered (1) Improve the system’s security ability to share, correlate, and provide records, as defined by the JRA, along protocols by enhancing system access classified and unclassified data across with judicial review for denials of such authentication processes. agency lines to provide MDA critical to requests. In addition, the JRA prohibits (2) Enhance data management homeland and national security and disclosures of covered records, except as services by hosting MASS in a cloud safety. otherwise permitted by the Privacy Act.

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Below is the description of the DHS/ Directive 41 (NPSD); and 33 Code of • Individuals involved with pollution USCG Maritime Awareness Support Federal Regulations (CFR) Part 160. incidents, and violations of laws and System (MASS) System of Records. international treaties; and casualties to In accordance with 5 U.S.C. 552a(r), PURPOSE(S) OF THE SYSTEM: include publicly available information; DHS has provided a report of this The purpose of this system is to and revised system of records to the Office enhance the U.S. Coast Guard’s • Information gathered from publicly of Management and Budget and to capabilities by developing a total available social media. Congress. picture of the maritime environment 2. Field Intelligence Reports, Requests and the people, places, and things that for Information, Intelligence Information SYSTEM NAME AND NUMBER: affect it. The enhancements of this Reports, Situation Reports, Operational Department of Homeland Security picture effectively promote the Status Reports, and Operations Reports (DHS)/United States Coast Guard successful execution of the Coast on: (USCG)–061 Maritime Analytic Support Guard’s statutory missions of Port, A. Individuals who are associated System (MASS). Waterways, and Coastal Security with vessels involved in contraband (PWCS); Drug Interdiction; Aid to trafficking, illegal migrant activity (e.g., SECURITY CLASSIFICATION: Maritime Navigation; Search and Rescue smuggling, trafficking), or any other Unclassified, Classified. (SAR) Operations; Protection of Living unlawful act within the maritime sector, Marine Resources; Ensuring Marine SYSTEM LOCATION: and with other individuals who are Safety; Defense Readiness; Migrant known, suspected, or alleged to be Records may be maintained at all Interdiction; Marine Environmental involved in contraband trafficking, locations at which the USCG operates or Protection; Ice Operations; and Law illegal migrant activity (e.g., smuggling, at which Coast Guard operations are Enforcement. trafficking), terrorist activities, or any supported including: U.S. Coast Guard other unlawful act within the maritime Headquarters and field offices as listed CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: sector. on the USCG website. System B. Individuals, companies, vessels, or information may be duplicated at other 1. Individuals associated with vessels, entities associated with the maritime locations where the USCG has been facilities, companies, organizations, and industry (e.g., vessel owners, vessel granted direct access for support of ports involved in the maritime sector. operators, vessel characteristics, Coast Guard missions for purposes of 2. Individuals identified through crewmen, passengers, facility owners, system back up, emergencies, observation by and interaction with facility managers, facility employees, or preparedness, and/or continuity of Coast Guard personnel during Coast any other individuals affiliated with the operations. The main system is Guard operations that include boarding maritime community) to include currently located at U.S. Coast Guard of vessels, conducting aircraft over- publicly available information Intelligence Coordination Center, flights, and through Field Intelligence (including social media sources). Department of Homeland Security, Support team (FIST) sightings and C. Commodities handled, equipment, National Maritime Intelligence Center, reports. location, certificates, approvals, Washington, DC 20395. 3. Individuals identified during Coast inspection data, pollution incidents, Guard enforcement actions as violating, SYSTEM MANAGER(S): casualties, and violations of all laws and suspected of violating, or witnessing the international treaties. Commandant, Coast Guard violations of U.S. laws, international Intelligence (CG–2), U.S. Coast Guard laws, or treaties. RECORD SOURCE CATEGORIES: Headquarters, 2701 Martin Luther King, 4. Individuals associated with vessels Information contained in MASS is Jr. Avenue SE, Washington, DC 20032. or other individuals that are known, gathered from a variety of sources both suspected, or alleged to be involved in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: internal and external to the Coast Guard. contraband trafficking, illegal migrant Source information may come from Maritime information is critical to activity (smuggling, trafficking, and sensors, inspections, boardings, accomplish the eleven Coast Guard otherwise), or terrorist activity. investigations, documentation offices, statutory missions mentioned above. 5. Any other individual not listed vessel notice of arrival reports, owners, The collection of the pertinent above who operates in, or affects, the operators, crew members, agents, information in support of these missions maritime domain. passengers, witnesses, employees, U.S. have been authorized by: 14 United CATEGORIES OF RECORDS IN THE SYSTEM: Coast Guard personnel, law enforcement States Code (U.S.C.) 1, 2, 81, 88, 89, 91, notices, commercial sources, as well as 93, 94, 141, 143, 634; 19 U.S.C. 1401; 33 1. Information related to individuals other federal, state, local, and U.S.C. 1221, 1223, 1321; 46 U.S.C. 2306, associated with vessels, companies, international agencies that are related to 3306, 3717, 12501; 46 U.S.C. 3306; 50 organizations, and ports involved in the the maritime sector and/or national U.S.C. 191; 33 U.S.C. 1223; the maritime sector includes: security sector. In addition, MASS Magnuson-Stevens Fisheries • Name; • maintains information from open source Conservation and Management Act, 16 Nationality; data (i.e., publicly available U.S.C. 1801; the Lacey Act, 16 U.S.C. • Address; • information) including social media 3371–78; the Endangered Species Act, Telephone number; sources. 16 U.S.C. 1531–44; the National Marine • Taxpayer or other identification Sanctuaries Act, 16 U.S.C. 1431–45; The number; ROUTINE USES OF RECORDS MAINTAINED IN THE Espionage Act of 1917; 33 U.S.C. 1221, • Date of birth; SYSTEM, INCLUDING CATEGORIES OF USERS AND The Ports and Waterways Safety Act • Relationship to vessels and PURPOSES OF SUCH USES: (PWSA); The Maritime Transportation facilities; In addition to those disclosures Security Act of 2002 (MTSA), Public • The individuals’ relationship to generally permitted under 5 U.S.C. Law No. 107–295; The Homeland other individuals, companies, 552a(b) of the Privacy Act, all or a Security Act of 2002, Public Law No. government agencies, and organizations portion of the records or information 107–296; National Presidential Security in MASS; contained in this system may be

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disclosed outside DHS as a routine use G. To contractors and their agents, public health threats; appropriate notice pursuant to 5 U.S.C. 552a(b)(3) as grantees, experts, consultants, and will be provided of any identified health follows: others performing or working on a threat or risk. A. To the Department of Justice (DOJ), contract, service, grant, cooperative L. To the International Maritime including the U.S. Attorneys Offices, or agreement, or other assignment for DHS, Organization (IMO), intergovernmental other federal agencies conducting when necessary to accomplish an organizations, nongovernmental litigation or in proceedings before any agency function related to this system of organizations, or foreign governments in court, adjudicative, or administrative records. Individuals provided order to conduct investigations, body, when it is relevant or necessary to information under this routine use are operations, and inspections pursuant to the litigation and one of the following subject to the same Privacy Act its authority. is a party to the litigation or has an requirements and limitations on M. To an organization or individual in interest in such litigation: disclosure as are applicable to DHS either the public or private sector, either 1. DHS or any component thereof; officers and employees. foreign or domestic, when there is a 2. Any employee or former employee H. To an appropriate federal, state, reason to believe that the recipient is or of DHS in his/her official capacity; tribal, local, international, or foreign law could become the target of a particular 3. Any employee or former employee enforcement agency or other appropriate terrorist activity or conspiracy, to the of DHS in his/her individual capacity authority charged with investigating or extent the information is relevant to the only when DOJ or DHS has agreed to prosecuting a violation or enforcing or protection of life or property and represent the employee; or implementing a law, rule, regulation, or disclosure is appropriate to the proper 4. The United States or any agency order, when a record, either on its face performance of the official duties of the thereof. or in conjunction with other person making the disclosure. B. To a congressional office from the information, indicates a violation or N. To appropriate federal, state, local, record of an individual in response to potential violation of law, which tribal, or foreign governmental agencies an inquiry from that congressional office includes criminal, civil, or regulatory or multilateral governmental made at the request of the individual to violations and such disclosure is proper organizations, with the approval of the whom the record pertains. and consistent with the official duties of Chief Privacy Officer, when DHS is the person making the disclosure. aware of a need to use relevant data for C. To the National Archives and I. To an appropriate federal, state, Records Administration (NARA) or purposes of testing new technology. territorial, tribal, local, international, or O. To the news media and the public, General Services Administration (GSA) foreign government intelligence entity, with the approval of the Chief Privacy pursuant to records management counterterrorism agency, or other Officer in consultation with counsel, inspections being conducted under the appropriate authority charged with when there exists a legitimate public authority of 44 U.S.C. 2904 and 2906. investigating threats or potential threats interest in the disclosure of the D. To an agency or organization to national or international security or information, when disclosure is performing audit or oversight operations assisting in counterterrorism efforts, necessary to preserve confidence in the as authorized by law, but only such when a record, either on its face or in integrity of DHS, or when disclosure is information as is necessary and relevant conjunction with other information, necessary to demonstrate the to such audit or oversight function. identifies a threat or potential threat to accountability of DHS’s officers, E. To appropriate agencies, entities, national or international security, or employees, or individuals covered by and persons when (1) DHS suspects or DHS reasonably believes the the system, except to the extent the has confirmed that there has been a information may be useful in countering Chief Privacy Officer determines that breach of the system of records; (2) DHS a threat or potential treat, which release of the specific information in the has determined that as a result of the includes terrorist and espionage context of a particular case would suspected or confirmed breach, there is activities, and disclosure is appropriate constitute a clearly unwarranted a risk of harm to individuals, DHS to the proper performance of the official invasion of personal privacy. (including its information systems, duties of the person receiving the programs, and operations), the federal disclosure. POLICIES AND PRACTICES FOR STORAGE OF government, or national security; and J. To an appropriate federal, state, or RECORDS: (3) the disclosure made to such local agency entity, or other appropriate DHS/USCG stores records in this agencies, entities, and persons is entities or individuals, or through system electronically in a database. The reasonably necessary to assist in established liaison channels to selected records may be stored on magnetic disc, connection with DHS’s efforts to foreign governments, in order to provide tape, and digital media. respond to the suspected or confirmed intelligence, counterintelligence, or POLICIES AND PRACTICES FOR RETRIEVAL OF breach or to prevent, minimize, or other information for the purposes of RECORDS: remedy such harm. intelligence, counterintelligence, or DHS/USCG may retrieve records by F. To another federal agency or antiterrorism activities authorized by name (individual, company, federal entity, when DHS determines U.S. law, Executive Order, or other government agency or organization), that information from this system of applicable national security directive. boat registration number, documented records is reasonably necessary to assist K. To appropriate federal, state, local, vessel name/number, tax payer or other the recipient agency or entity in (1) tribal, foreign governmental agencies, identification number, address, and responding to a suspected or confirmed multilateral governmental organizations, telephone number. breach or (2) preventing, minimizing, or and non-governmental or private remedying the risk of harm to organizations for the purpose of POLICIES AND PRACTICES FOR RETENTION AND individuals, the recipient agency or protecting the vital interests of a data DISPOSAL OF RECORDS: entity (including its information subject or their persons, including to Dynamic information on vessel systems, programs, and operations), the assist such agencies or organizations in position(s) and movement(s) will be federal government, or national security, preventing exposure to or transmission readily retrievable for three (3) years resulting from a suspected or confirmed of a communicable or quarantinable and then archived. Seven (7) years after breach. disease or to combat other significant being archived the records will be

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deleted from the system. The other the individual may be available under NOTIFICATION PROCEDURES: information discussed in the Categories the Freedom of Information Act (FOIA). See ‘‘Record Access Procedures.’’ of Records section will be readily When an individual is seeking records retrievable for five (5) years and then about himself or herself from this EXEMPTIONS PROMULGATED FOR THE SYSTEM: archived. Ten (10) years after being system of records or any other The Secretary of Homeland Security, archived the records will be deleted Departmental system of records, the pursuant to 5 U.S.C. 552a(j)(2), has from the system. This information is individual’s request must conform with exempted this system from the stored for this length of time to ensure the Privacy Act regulations set forth in following provisions of the Privacy Act: the analytic process is properly 6 CFR part 5. The individual must first 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), informed and to show patterns or verify his/her identity, meaning that the (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), history to analysts in the course of their individual must provide his/her full (e)(5), (e)(8); (f); and (g)(1). Additionally, duty. The requirements supporting the name, current address, and date and the Secretary of Homeland Security, collection and storage of data are place of birth. The individual must sign pursuant to 5 U.S.C. 552a(k)(1), and reviewed regularly. the request, and the individual’s (k)(2), has exempted this system from Audit records, maintained to signature must either be notarized or the following provisions of the Privacy document access to information relating submitted under 28 U.S.C. 1746, a law Act, 5 U.S.C. 552a(c)(3); (d); (e)(1), to specific individuals, will be readily that permits statements to be made (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). retrievable for 90 days and then moved under penalty of perjury as a substitute When this system receives a record from to long term storage. After five (5) years for notarization. While no specific form another system exempted in that source the records will be deleted from the is required, an individual may obtain system under 5 U.S.C. 552a(j)(2), DHS system. Access to audit records will forms for this purpose from the Chief will claim the same exemptions for only be granted to authorized personnel. Privacy Officer and Chief Freedom of those records that are claimed for the Information Act Officer, http:// original primary systems of records from ADMINISTRATIVE, TECHNICAL, AND PHYSICAL www.dhs.gov/foia or 1–866–431–0486. which they originated and claims any SAFEGUARDS: In addition, the individual should: additional exemptions set forth here. DHS/USCG safeguards records in this • Explain why he or she believes the system according to applicable rules Department would have information HISTORY: and policies, including all applicable being requested; 73 FR 28143 (May 15, 2008); 73 FR DHS automated systems security and • Identify which component(s) of the 56924 (Final Rule) (Sept. 30, 2008). access policies. USCG has imposed Department he or she believes may have Constantina Kozanas, strict controls to minimize the risk of the information; compromising the information that is • Specify when the individual Chief Privacy Officer, Department of Homeland Security. being stored. Access to the computer believes the records would have been system containing the records in this created; and [FR Doc. 2020–25540 Filed 11–20–20; 8:45 am] system is limited to those individuals • Provide any other information that BILLING CODE 9110–04–P who have a need to know the will help the FOIA staff determine information for the performance of their which DHS component agency may DEPARTMENT OF HOMELAND official duties and who have appropriate have responsive records. clearances or permissions. If an individual’s request is seeking SECURITY records pertaining to another living RECORD ACCESS PROCEDURES: U.S. Citizenship and Immigration individual, the first individual must Services The Secretary of Homeland Security include a statement from the second has exempted this system from the individual certifying his/her agreement [OMB Control Number 1615–0125] notification, access, and amendment for the first individual to access his/her procedures of the Privacy Act because it records. Agency Information Collection is a law enforcement and intelligence Without the above information, the Activities; Extension, Without Change, system. However, DHS/USCG will component(s) may not be able to of a Currently Approved Collection: consider individual requests to conduct an effective search, and the Customer Profile Management System- determine whether information may be individual’s request may be denied due IDENTity Verification Tool (CPMS–IVT) released. Individuals seeking access to to lack of specificity or lack of AGENCY: and notification of any record contained compliance with applicable regulations. U.S. Citizenship and in this system of records, or seeking to Immigration Services, Department of contest its content, may submit a CONTESTING RECORD PROCEDURES: Homeland Security. request in writing to the Chief Privacy Because this system contains ACTION: 30-Day notice. Officer and U.S. Coast Guard FOIA classified and sensitive but unclassified Office (CG–611), whose contact information related to intelligence, SUMMARY: The Department of Homeland information can be found at http:// counterterrorism, homeland security, Security (DHS), U.S. Citizenship and www.dhs.gov/foia under ‘‘Contacts and law enforcement programs, records Immigration Services (USCIS) will be Information.’’ If an individual believes in this system have been exempted from submitting the following information more than one DHS Component notification, access, and amendment to collection request to the Office of maintains Privacy Act records the extent permitted by subsections Management and Budget (OMB) for concerning him or her, the individual (j)(2) and (k)(1) and (2) of the Privacy review and clearance in accordance may submit the request to the Chief Act. A request to amend non-exempt with the Paperwork Reduction Act of Privacy Officer and Chief Freedom of records in this system may be made by 1995. The purpose of this notice is to Information Act Officer, Department of writing to the System Manager, allow an additional 30 days for public Homeland Security, Washington, DC identified above, in conformance with 6 comments. 20528–0655. Even if neither the Privacy CFR part 5, subpart B, which provides DATES: Comments are encouraged and Act nor the Judicial Redress Act provide the rules for requesting access to Privacy will be accepted until December 23, a right of access, certain records about Act records maintained by DHS. 2020.

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ADDRESSES: Written comments and/or is available via the link in the footer of petitioners of family-based petitions suggestions regarding the item(s) http://www.regulations.gov. required to appear at an ASC for contained in this notice, especially Written comments and suggestions biometric capture for purposes of regarding the estimated public burden from the public and affected agencies complying with the Adam Walsh Child and associated response time, must be should address one or more of the Protection and Safety Act of 1996, submitted via the Federal eRulemaking following four points: Public Law 109–248. Portal website at http:// (1) Evaluate whether the proposed (5) An estimate of the total number of www.regulations.gov under e-Docket ID collection of information is necessary respondents and the amount of time number USCIS–2011–0008. All for the proper performance of the estimated for an average respondent to submissions received must include the functions of the agency, including respond: The estimated total number of OMB Control Number 1615–0125 in the whether the information will have respondents for the information body of the letter, the agency name and practical utility; collection M–1061 is 1,500,000 and the Docket ID USCIS–2011–0008. (2) Evaluate the accuracy of the estimated hour burden per response is FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden of the .083 hours. The average number of USCIS, Office of Policy and Strategy, proposed collection of information, responses per respondent on an annual Regulatory Coordination Division, including the validity of the basis is 2. Samantha Deshommes, Chief, methodology and assumptions used; (6) An estimate of the total public (3) Enhance the quality, utility, and Telephone number (240) 721–3000 burden (in hours) associated with the clarity of the information to be (This is not a toll-free number; collection: The total estimated annual collected; and comments are not accepted via hour burden associated with this (4) Minimize the burden of the telephone message.). Please note contact collection is 249,000 hours. collection of information on those who information provided here is solely for (7) An estimate of the total public are to respond, including through the questions regarding this notice. It is not burden (in cost) associated with the use of appropriate automated, for individual case status inquiries. collection: The estimated total annual electronic, mechanical, or other Applicants seeking information about cost burden associated with this technological collection techniques or the status of their individual cases can collection of information is $0. There other forms of information technology, check Case Status Online, available at are no costs to the respondent to submit e.g., permitting electronic submission of the USCIS website at http:// this collection of information as it responses. www.uscis.gov, or call the USCIS supports other USCIS collections that Contact Center at (800) 375–5283; TTY Overview of This Information are approved for use where costs are (800) 767–1833. Collection captured. SUPPLEMENTARY INFORMATION: (1) Type of Information Collection Dated: November 17, 2020. Comments Request: Extension, Without Change, of Samantha L. Deshommes, a Currently Approved Collection. Chief, Regulatory Coordination Division, The information collection notice was (2) Title of the Form/Collection: Office of Policy and Strategy, U.S. Citizenship previously published in the Federal Customer Profile Management System- and Immigration Services, Department of Register on August 26, 2020, at 85 FR IDENTity Verification Tool. Homeland Security. 52626, allowing for a 60-day public (3) Agency form number, if any, and [FR Doc. 2020–25787 Filed 11–20–20; 8:45 am] comment period. USCIS did receive one the applicable component of the DHS BILLING CODE 9111–97–P comment unrelated to the information sponsoring the collection: M–1061; collection in connection with the 60-day USCIS. notice. (4) Affected public who will be asked DEPARTMENT OF HOMELAND You may access the information or required to respond, as well as a brief SECURITY collection instrument with instructions, abstract: Primary: Individuals or or additional information by visiting the households. Respondents subject to this U.S. Citizenship and Immigration Federal eRulemaking Portal site at: information collection are all Services http://www.regulations.gov and enter individuals who are appearing at a USCIS–2011–0008 in the search box. USCIS District/Field Office for a [OMB Control Number 1615–0106] The comments submitted to USCIS via required interview in connection with Agency Information Collection this method are visible to the Office of their request for an immigration or Activities; Extension, Without Change, Management and Budget and comply naturalization benefit, or in order to of a Currently Approved Collection: with the requirements of 5 CFR receive evidence of an immigration Petition for Qualifying Family Member 1320.12(c). All submissions will be benefit such as a temporary travel of a U–1 Nonimmigrant posted, without change, to the Federal document, parole authorization, eRulemaking Portal at http:// temporary extension of a I–90, or AGENCY: U.S. Citizenship and www.regulations.gov, and will include temporary I–551 stamp in a passport or Immigration Services, Department of any personal information you provide. on a Form I–94 evidencing lawful Homeland Security. Therefore, submitting this information permanent residence. ACTION: 30-Day notice. makes it public. You may wish to Respondents are required to have consider limiting the amount of their photograph and fingerprints taken SUMMARY: The Department of Homeland personal information that you provide at the USCIS District/Field Office to be Security (DHS), U.S. Citizenship and in any voluntary submission you make inputted into the Customer Profile Immigration Services (USCIS) will be to DHS. DHS may withhold information Management System-IDENTity submitting the following information provided in comments from public Verification Tool (CPMS–IVT). The only collection request to the Office of viewing that it determines may impact U.S. citizen respondents subject to Management and Budget (OMB) for the privacy of an individual or is enrollment in CPMS–IVT are petitioners review and clearance in accordance offensive. For additional information, filing orphan or adoption petitions with the Paperwork Reduction Act of please read the Privacy Act notice that (Forms I–600/600A) and U.S. citizen 1995. The purpose of this notice is to

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allow an additional 30 days for public viewing that it determines may impact respond: The estimated total number of comments. the privacy of an individual or is respondents for the information DATES: Comments are encouraged and offensive. For additional information, collection I–929 is 1,500 and the will be accepted until December 23, please read the Privacy Act notice that estimated hour burden per response is 2020. is available via the link in the footer of 1 hour. http://www.regulations.gov. (6) An estimate of the total public ADDRESSES: Written comments and/or Written comments and suggestions suggestions regarding the item(s) burden (in hours) associated with the from the public and affected agencies contained in this notice, especially collection: The total estimated annual should address one or more of the regarding the estimated public burden hour burden associated with this and associated response time, must be following four points: collection is 1,500 hours. (1) Evaluate whether the proposed submitted via the Federal eRulemaking (7) An estimate of the total public collection of information is necessary Portal website at http:// burden (in cost) associated with the for the proper performance of the www.regulations.gov under e-Docket ID collection: The estimated total annual functions of the agency, including number USCIS–2009–0010. All cost burden associated with this whether the information will have submissions received must include the collection of information is $183,750. practical utility; OMB Control Number 1615–0106 in the Dated: November 17, 2020. (2) Evaluate the accuracy of the body of the letter, the agency name and agency’s estimate of the burden of the Samantha L. Deshommes, Docket ID USCIS–2009–0010. proposed collection of information, Chief, Regulatory Coordination Division, FOR FURTHER INFORMATION CONTACT: including the validity of the Office of Policy and Strategy, U.S. Citizenship USCIS, Office of Policy and Strategy, and Immigration Services, Department of methodology and assumptions used; Homeland Security. Regulatory Coordination Division, (3) Enhance the quality, utility, and Samantha Deshommes, Chief, clarity of the information to be [FR Doc. 2020–25785 Filed 11–20–20; 8:45 am] Telephone number (240) 721–3000 collected; and BILLING CODE 9111–97–P (This is not a toll-free number; (4) Minimize the burden of the comments are not accepted via collection of information on those who DEPARTMENT OF HOMELAND telephone message.). Please note contact are to respond, including through the SECURITY information provided here is solely for use of appropriate automated, questions regarding this notice. It is not electronic, mechanical, or other for individual case status inquiries. U.S. Citizenship and Immigration technological collection techniques or Services Applicants seeking information about other forms of information technology, the status of their individual cases can e.g., permitting electronic submission of [OMB Control Number 1615–0032] check Case Status Online, available at responses. the USCIS website at http:// Agency Information Collection www.uscis.gov, or call the USCIS Overview of This Information Activities; Extension, Without Change, Contact Center at (800) 375–5283; TTY Collection of a Currently Approved Collection: (800) 767–1833. (1) Type of Information Collection Application for Waiver of Grounds of SUPPLEMENTARY INFORMATION: Request: Extension, Without Change, of Inadmissibility Under Sections 245A or a Currently Approved Collection. 210 of the Immigration and Nationality Comments (2) Title of the Form/Collection: Act The information collection notice was Petition for Qualifying Family Member AGENCY: U.S. Citizenship and previously published in the Federal of a U–1 Nonimmigrant. Immigration Services, Department of Register on August 27, 2020, at 85 FR (3) Agency form number, if any, and Homeland Security. 52623, allowing for a 60-day public the applicable component of the DHS comment period. USCIS did receive one sponsoring the collection: I–929; USCIS. ACTION: 30-Day notice. comment in connection with the 60-day (4) Affected public who will be asked SUMMARY: The Department of Homeland notice that was not related to form. or required to respond, as well as a brief Security (DHS), U.S. Citizenship and You may access the information abstract: Primary: Individuals and Immigration Services (USCIS) will be collection instrument with instructions, Households. Section 245(m) of the submitting the following information or additional information by visiting the Immigration and Nationality Act (Act) collection request to the Office of Federal eRulemaking Portal site at: allows certain qualifying family Management and Budget (OMB) for http://www.regulations.gov and enter members who have never held U review and clearance in accordance USCIS–2009–0010 in the search box. nonimmigrant status to seek lawful with the Paperwork Reduction Act of The comments submitted to USCIS via permanent residence or apply for 1995. The purpose of this notice is to this method are visible to the Office of immigrant visas. Before such family allow an additional 30 days for public Management and Budget and comply members may apply for adjustment of comments. with the requirements of 5 CFR status or seek immigrant visas, the U– DATES: 1320.12(c). All submissions will be 1 nonimmigrant who has been granted Comments are encouraged and posted, without change, to the Federal adjustment of status must file an will be accepted until December 23, eRulemaking Portal at http:// immigrant petition on behalf of the 2020. www.regulations.gov, and will include qualifying family member using Form I– ADDRESSES: Written comments and/or any personal information you provide. 929. Form I–929 is necessary for USCIS suggestions regarding the item(s) Therefore, submitting this information to make a determination that the contained in this notice, especially makes it public. You may wish to eligibility requirements and conditions regarding the estimated public burden consider limiting the amount of are met regarding the qualifying family and associated response time, must be personal information that you provide member. submitted via the Federal eRulemaking in any voluntary submission you make (5) An estimate of the total number of Portal website at http:// to DHS. DHS may withhold information respondents and the amount of time www.regulations.gov under e-Docket ID provided in comments from public estimated for an average respondent to number USCIS–2006–0047. All

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submissions received must include the whether the information will have (7) An estimate of the total public OMB Control Number 1615–0032 in the practical utility; burden (in cost) associated with the body of the letter, the agency name and (2) Evaluate the accuracy of the collection: The estimated total annual Docket ID USCIS–2006–0047. agency’s estimate of the burden of the cost burden associated with this FOR FURTHER INFORMATION CONTACT: proposed collection of information, collection of information is $4,523.00. USCIS, Office of Policy and Strategy, including the validity of the Dated: November 17, 2020. methodology and assumptions used; Regulatory Coordination Division, Samantha L. Deshommes, Samantha Deshommes, Chief, (3) Enhance the quality, utility, and clarity of the information to be Chief, Regulatory Coordination Division, Telephone number (240) 721–3000 Office of Policy and Strategy, U.S. Citizenship (This is not a toll-free number; collected; and (4) Minimize the burden of the and Immigration Services, Department of comments are not accepted via Homeland Security. telephone message.). Please note contact collection of information on those who are to respond, including through the [FR Doc. 2020–25779 Filed 11–20–20; 8:45 am] information provided here is solely for BILLING CODE 9111–97–P questions regarding this notice. It is not use of appropriate automated, for individual case status inquiries. electronic, mechanical, or other Applicants seeking information about technological collection techniques or DEPARTMENT OF HOMELAND the status of their individual cases can other forms of information technology, SECURITY check Case Status Online, available at e.g., permitting electronic submission of the USCIS website at http:// responses. U.S. Citizenship and Immigration www.uscis.gov, or call the USCIS Overview of This Information Services Contact Center at (800) 375–5283; TTY Collection [OMB Control Number 1615–0126] (800) 767–1833. (1) Type of Information Collection SUPPLEMENTARY INFORMATION: Request: Extension, Without Change, of Agency Information Collection Activities; Extension, Without Change, Comments a Currently Approved Collection. (2) Title of the Form/Collection: of a Currently Approved Collection: The information collection notice was Application for Waiver of Grounds of Collection of Qualitative Feedback previously published in the Federal Inadmissibility Under Sections 245A or Through Focus Groups Register on August 26, 2020, at 85 FR 210 of the Immigration and Nationality AGENCY: U.S. Citizenship and 52622, allowing for a 60-day public Act. comment period. USCIS did not receive Immigration Services, Department of (3) Agency form number, if any, and Homeland Security. any comments in connection with the the applicable component of the DHS ACTION: 60-day notice. sponsoring the collection: I–690; USCIS. 60-Day notice. You may access the information (4) Affected public who will be asked SUMMARY: The Department of Homeland collection instrument with instructions, or required to respond, as well as a brief Security (DHS), U.S. Citizenship and or additional information by visiting the abstract: Primary: Individuals or Immigration Services (USCIS) invites Federal eRulemaking Portal site at: households. Applicants for lawful the general public and other Federal http://www.regulations.gov and enter permanent residence under INA 210 or agencies to comment upon this USCIS–2006–0047 in the search box. 245A who are inadmissible under proposed extension of a currently The comments submitted to USCIS via certain grounds of inadmissibility at approved collection of information. In this method are visible to the Office of INA 212(a) would use Form I–690 to accordance with the Paperwork Management and Budget and comply seek a waiver of inadmissibility. USCIS Reduction Act (PRA) of 1995, the with the requirements of 5 CFR uses the information provided through information collection notice is 1320.12(c). All submissions will be Form I–690 to adjudicate waiver published in the Federal Register to posted, without change, to the Federal requests from individuals who are obtain comments regarding the nature of eRulemaking Portal at http:// inadmissible to the United States. Based the information collection, the www.regulations.gov, and will include upon the instructions provided, a categories of respondents, the estimated any personal information you provide. respondent can gather and submit the burden (i.e. the time, effort, and Therefore, submitting this information required documentation to USCIS for resources used by the respondents to makes it public. You may wish to consideration of an inadmissibility respond), the estimated cost to the consider limiting the amount of waiver. respondent, and the actual information personal information that you provide (5) An estimate of the total number of collection instruments. in any voluntary submission you make respondents and the amount of time to DHS. DHS may withhold information estimated for an average respondent to DATES: Comments are encouraged and provided in comments from public respond: The estimated total number of will be accepted for 60 days until viewing that it determines may impact respondents for the information January 22, 2021. the privacy of an individual or is collection I–690 is 30 and the estimated ADDRESSES: All submissions received offensive. For additional information, hour burden per response is 3 hours; the must include the OMB Control Number please read the Privacy Act notice that estimated total number of respondents 1615–0126 in the body of the letter, the is available via the link in the footer of for the information collection I–690 agency name and Docket ID USCIS– http://www.regulations.gov. Supplement 1, Applicants With a Class 2012–0004. Submit comments via the Written comments and suggestions A Tuberculosis Condition is 11 and the Federal eRulemaking Portal website at from the public and affected agencies estimated hour burden per response is https://www.regulations.gov under e- should address one or more of the 2 hours. Docket ID number USCIS–2012–0004. following four points: (6) An estimate of the total public USCIS is limiting communications for (1) Evaluate whether the proposed burden (in hours) associated with the this Notice as a result of USCIS’ COVID– collection of information is necessary collection: The total estimated annual 19 response actions. for the proper performance of the hour burden associated with this FOR FURTHER INFORMATION CONTACT: functions of the agency, including collection is 112 hours. USCIS, Office of Policy and Strategy,

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Regulatory Coordination Division, Overview of This Information collection: The total estimated annual Samantha Deshommes, Chief, telephone Collection hour burden associated with this number (240) 721–3000 (This is not a (1) Type of Information Collection: collection is 4,500 hours. toll-free number. Comments are not Extension, Without Change, of a (7) An estimate of the total public accepted via telephone message). Please Currently Approved Collection. burden (in cost) associated with the note contact information provided here (2) Title of the Form/Collection: collection: The estimated total annual is solely for questions regarding this Collection of Qualitative Feedback cost burden associated with this notice. It is not for individual case through Focus Groups. collection of information is $0. There is status inquiries. Applicants seeking (3) Agency form number, if any, and no cost to participate and there is no information about the status of their the applicable component of the DHS mailing cost as it is an electronic individual cases can check Case Status sponsoring the collection: No Form; submission. Online, available at the USCIS website USCIS. Dated: November 17, 2020. at https://www.uscis.gov, or call the (4) Affected public who will be asked Samantha L. Deshommes, USCIS Contact Center at 800–375–5283 or required to respond, as well as a brief (TTY 800–767–1833). Chief, Regulatory Coordination Division, abstract: Primary: Individuals or Office of Policy and Strategy, U.S. Citizenship SUPPLEMENTARY INFORMATION: households; Business or other for-profit; and Immigration Services, Department of Comments Not-for-profit institutions. Executive Homeland Security. Order 12862 directs Federal agencies to [FR Doc. 2020–25788 Filed 11–20–20; 8:45 am] You may access the information provide service to the public that BILLING CODE 9111–97–P collection instrument with instructions matches or exceeds the best service or additional information by visiting the available in the private sector. In order Federal eRulemaking Portal site at: to work continuously to ensure that our DEPARTMENT OF HOMELAND https://www.regulations.gov and programs are effective and meet our SECURITY entering USCIS–2012–0004 in the customers’ needs, Department of search box. All submissions will be Homeland Security/U.S. Citizenship U.S. Citizenship and Immigration posted, without change, to the Federal Services eRulemaking Portal at https:// and Immigration Services seeks to www.regulations.gov, and will include obtain OMB approval of a generic [OMB Control Number 1615–0029] any personal information you provide. clearance to collect qualitative feedback Agency Information Collection Therefore, submitting this information on our service delivery. By qualitative Activities; Extension, Without Change, makes it public. You may wish to feedback we mean information that of a Currently Approved Collection: consider limiting the amount of provides useful insights on perceptions Application for Waiver of Grounds of personal information that you provide and opinions but are not statistical Inadmissibility in any voluntary submission you make surveys that yield quantitative results that can be generalized to the to DHS. DHS may withhold information AGENCY: U.S. Citizenship and population of study. This collection of provided in comments from public Immigration Services, Department of information is necessary to enable the viewing that it determines may impact Homeland Security. Agency to garner customer and the privacy of an individual or is ACTION: 30-Day notice. offensive. For additional information, stakeholder feedback in an efficient, please read the Privacy Act notice that timely manner, in accordance with our SUMMARY: The Department of Homeland is available via the link in the footer of commitment to improving service Security (DHS), U.S. Citizenship and https://www.regulations.gov. delivery. The information collected Immigration Services (USCIS) will be Written comments and suggestions from our customers and stakeholders submitting the following information from the public and affected agencies will help ensure that users have an collection request to the Office of should address one or more of the effective, efficient, and satisfying Management and Budget (OMB) for following four points: experience with the Agency’s programs. review and clearance in accordance (1) Evaluate whether the proposed This feedback will provide insights into with the Paperwork Reduction Act of collection of information is necessary customer or stakeholder perceptions, 1995. The purpose of this notice is to for the proper performance of the experiences and expectations, provide allow an additional 30 days for public functions of the agency, including an early warning of issues with service, comments. or focus attention on areas where whether the information will have DATES: Comments are encouraged and practical utility; communication, training or changes in will be accepted until December 23, (2) Evaluate the accuracy of the operations might improve delivery of 2020. agency’s estimate of the burden of the products or services. These collections proposed collection of information, will allow for ongoing, collaborative and ADDRESSES: Written comments and/or including the validity of the actionable communications between the suggestions regarding the item(s) methodology and assumptions used; Agency and its customers and contained in this notice, especially (3) Enhance the quality, utility, and stakeholders. It will also allow feedback regarding the estimated public burden clarity of the information to be to contribute directly to the and associated response time, must be collected; and improvement of program management. submitted via the Federal eRulemaking (4) Minimize the burden of the (5) An estimate of the total number of Portal website at http:// collection of information on those who respondents and the amount of time www.regulations.gov under e-Docket ID are to respond, including through the estimated for an average respondent to number USCIS–2007–0042. All use of appropriate automated, respond: The estimated total number of submissions received must include the electronic, mechanical, or other respondents for this information OMB Control Number 1615–0029 in the technological collection techniques or collection is 3,000 and the estimated body of the letter, the agency name and other forms of information technology, hour burden per response is 1.5 hours. Docket ID USCIS–2007–0042. e.g., permitting electronic submission of (6) An estimate of the total public FOR FURTHER INFORMATION CONTACT: responses. burden (in hours) associated with the USCIS, Office of Policy and Strategy,

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Regulatory Coordination Division, (3) Enhance the quality, utility, and DEPARTMENT OF HOMELAND Samantha Deshommes, Chief, clarity of the information to be SECURITY Telephone number (240) 721–3000 collected; and U.S. Citizenship and Immigration (This is not a toll-free number; (4) Minimize the burden of the comments are not accepted via Services collection of information on those who telephone message.). Please note contact are to respond, including through the [OMB Control Number 1615–0017] information provided here is solely for use of appropriate automated, questions regarding this notice. It is not Agency Information Collection electronic, mechanical, or other for individual case status inquiries. Activities; Extension, Without Change, technological collection techniques or Applicants seeking information about of a Currently Approved Collection: other forms of information technology, the status of their individual cases can Application for Advance Permission To check Case Status Online, available at e.g., permitting electronic submission of Enter as Nonimmigrant the USCIS website at http:// responses. AGENCY: U.S. Citizenship and www.uscis.gov, or call the USCIS Overview of This Information Contact Center at (800) 375–5283; TTY Immigration Services, Department of Collection (800) 767–1833. Homeland Security. SUPPLEMENTARY INFORMATION: (1) Type of Information Collection ACTION: 30-Day notice. Request: Extension, Without Change, of Comments SUMMARY: The Department of Homeland a Currently Approved Collection. The information collection notice was Security (DHS), U.S. Citizenship and previously published in the Federal (2) Title of the Form/Collection: Immigration Services (USCIS) will be Register on August 18, 2020, at 85 FR Application for Waiver of Grounds of submitting the following information 50833, allowing for a 60-day public Inadmissibility. collection request to the Office of comment period. USCIS did receive one (3) Agency form number, if any, and Management and Budget (OMB) for comment in connection with the 60-day the applicable component of the DHS review and clearance in accordance notice. sponsoring the collection: I–601; USCIS. with the Paperwork Reduction Act of You may access the information 1995. The purpose of this notice is to collection instrument with instructions, (4) Affected public who will be asked allow an additional 30 days for public or additional information by visiting the or required to respond, as well as a brief comments. Federal eRulemaking Portal site at: abstract: Primary: Individuals and DATES: Comments are encouraged and http://www.regulations.gov and enter Households. Form I–601 is necessary for will be accepted until December 23, USCIS–2007–0042 in the search box. USCIS to determine whether the 2020. The comments submitted to USCIS via applicant is eligible for a waiver of ADDRESSES: Written comments and/or this method are visible to the Office of inadmissibility under section 212 of the suggestions regarding the item(s) Management and Budget and comply Act. Furthermore, this information contained in this notice, especially with the requirements of 5 CFR collection is used by individuals who regarding the estimated public burden 1320.12(c). All submissions will be are seeking for Temporary Protected and associated response time, must be posted, without change, to the Federal Status (TPS). submitted via the Federal eRulemaking eRulemaking Portal at http:// (5) An estimate of the total number of Portal website at http:// www.regulations.gov, and will include respondents and the amount of time www.regulations.gov under e-Docket ID any personal information you provide. number USCIS–2008–0009. All Therefore, submitting this information estimated for an average respondent to submissions received must include the makes it public. You may wish to respond: The estimated total number of consider limiting the amount of respondents for the information OMB Control Number 1615–0017 in the personal information that you provide collection I–601 is 17,000 and the body of the letter, the agency name and in any voluntary submission you make estimated hour burden per response is Docket ID USCIS–2008–0009. to DHS. DHS may withhold information 1.75 hours. FOR FURTHER INFORMATION CONTACT: provided in comments from public (6) An estimate of the total public USCIS, Office of Policy and Strategy, Regulatory Coordination Division, viewing that it determines may impact burden (in hours) associated with the Samantha Deshommes, Chief, the privacy of an individual or is collection: The total estimated annual Telephone number (240) 721–3000 offensive. For additional information, hour burden associated with this (This is not a toll-free number; please read the Privacy Act notice that collection is 29,750 hours. is available via the link in the footer of comments are not accepted via http://www.regulations.gov. (7) An estimate of the total public telephone message.). Please note contact Written comments and suggestions burden (in cost) associated with the information provided here is solely for from the public and affected agencies collection: The estimated total annual questions regarding this notice. It is not should address one or more of the cost burden associated with this for individual case status inquiries. following four points: collection of information is $6,311,250. Applicants seeking information about (1) Evaluate whether the proposed Dated: November 17, 2020. the status of their individual cases can collection of information is necessary check Case Status Online, available at Samantha L. Deshommes, for the proper performance of the the USCIS website at http:// functions of the agency, including Chief, Regulatory Coordination Division, www.uscis.gov, or call the USCIS whether the information will have Office of Policy and Strategy, U.S. Citizenship Contact Center at (800) 375–5283; TTY practical utility; and Immigration Services, Department of (800) 767–1833. Homeland Security. (2) Evaluate the accuracy of the SUPPLEMENTARY INFORMATION: agency’s estimate of the burden of the [FR Doc. 2020–25786 Filed 11–20–20; 8:45 am] proposed collection of information, BILLING CODE 9111–97–P Comments including the validity of the The information collection notice was methodology and assumptions used; previously published in the Federal

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Register on August 26, 2020, at 85 FR (3) Agency form number, if any, and DEPARTMENT OF HOMELAND 52620, allowing for a 60-day public the applicable component of the DHS SECURITY comment period. USCIS did not receive sponsoring the collection: I–192; e- any comments in connection with the SAFE; USCIS. U.S. Citizenship and Immigration 60-day notice. Services (4) Affected public who will be asked You may access the information [OMB Control Number 1615–0027] collection instrument with instructions, or required to respond, as well as a brief abstract: Primary: Individuals or or additional information by visiting the Agency Information Collection households. The data collected will be Federal eRulemaking Portal site at: Activities; Extension, Without Change, used by CBP and USCIS to determine http://www.regulations.gov and enter of a Currently Approved Collection: whether the applicant is eligible to enter USCIS–2008–0009 in the search box. Interagency Record of Request A, G, or The comments submitted to USCIS via the United States temporarily under the North Atlantic Treaty Organization this method are visible to the Office of provisions of section 212(d)(3), Dependent Employment Authorization Management and Budget and comply 212(d)(13), and 212(d)(14) of the INA. or Change/Adjustment To/From A, G, with the requirements of 5 CFR The respondents for this information or North Atlantic Treaty Organization 1320.12(c). All submissions will be collection are certain inadmissible Status posted, without change, to the Federal nonimmigrant aliens who wish to apply eRulemaking Portal at http:// for permission to enter the United States AGENCY: U.S. Citizenship and www.regulations.gov, and will include and applicants for T nonimmigrant Immigration Services, Department of any personal information you provide. status or petitioners for U nonimmigrant Homeland Security. Therefore, submitting this information status. CBP has developed an electronic ACTION: 30-Day notice. makes it public. You may wish to filing system, called Electronic Secured SUMMARY: The Department of Homeland consider limiting the amount of Adjudication Forms Environment (e- personal information that you provide Security (DHS), U.S. Citizenship and SAFE), through which Form I–192 can Immigration Services (USCIS) will be in any voluntary submission you make be submitted when filed with CBP. to DHS. DHS may withhold information submitting the following information provided in comments from public (5) An estimate of the total number of collection request to the Office of viewing that it determines may impact respondents and the amount of time Management and Budget (OMB) for the privacy of an individual or is estimated for an average respondent to review and clearance in accordance offensive. For additional information, respond: The estimated total number of with the Paperwork Reduction Act of please read the Privacy Act notice that respondents for the information 1995. The purpose of this notice is to is available via the link in the footer of collection I–192 is 61,050 and the allow an additional 30 days for public http://www.regulations.gov. estimated hour burden per response is comments. Written comments and suggestions 1.5 hours; the estimated total number of DATES: Comments are encouraged and from the public and affected agencies respondents for the information will be accepted until December 23, should address one or more of the collection e-SAFE is 7,000 and the 2020. following four points: estimated hour burden per response is ADDRESSES: Written comments and/or (1) Evaluate whether the proposed 1.25 hours. suggestions regarding the item(s) collection of information is necessary (6) An estimate of the total public contained in this notice, especially for the proper performance of the regarding the estimated public burden functions of the agency, including burden (in hours) associated with the collection: The total estimated annual and associated response time, must be whether the information will have submitted via the Federal eRulemaking hour burden associated with this practical utility; Portal website at http:// collection is 100,325 hours. (2) Evaluate the accuracy of the www.regulations.gov under e-Docket ID agency’s estimate of the burden of the (7) An estimate of the total public number USCIS–2007–0041. All proposed collection of information, burden (in cost) associated with the submissions received must include the including the validity of the collection: The estimated total annual OMB Control Number 1615–0027 in the methodology and assumptions used; cost burden associated with this body of the letter, the agency name and (3) Enhance the quality, utility, and collection of information is $17,522,875. Docket ID USCIS–2007–0041. clarity of the information to be FOR FURTHER INFORMATION CONTACT: collected; and Dated: November 17, 2020. USCIS, Office of Policy and Strategy, (4) Minimize the burden of the Samantha L. Deshommes, Regulatory Coordination Division, collection of information on those who Chief, Regulatory Coordination Division, are to respond, including through the Samantha Deshommes, Chief, Office of Policy and Strategy, U.S. Citizenship Telephone number (240) 721–3000 use of appropriate automated, and Immigration Services, Department of (This is not a toll-free number; electronic, mechanical, or other Homeland Security. technological collection techniques or comments are not accepted via [FR Doc. 2020–25789 Filed 11–20–20; 8:45 am] telephone message.). Please note contact other forms of information technology, BILLING CODE 9111–97–P e.g., permitting electronic submission of information provided here is solely for responses. questions regarding this notice. It is not for individual case status inquiries. Overview of This Information Applicants seeking information about Collection the status of their individual cases can (1) Type of Information Collection check Case Status Online, available at Request: Extension, Without Change, of the USCIS website at http:// a Currently Approved Collection. www.uscis.gov, or call the USCIS (2) Title of the Form/Collection: Contact Center at (800) 375–5283; TTY Application for Advance Permission to (800) 767–1833. Enter as Nonimmigrant. SUPPLEMENTARY INFORMATION:

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Comments Overview of This Information (7) An estimate of the total public Collection burden (in cost) associated with the The information collection notice was collection: The estimated total annual (1) Type of Information Collection previously published in the Federal cost burden associated with this Request: Extension, Without Change, of Register on August 26, 2020, at 85 FR collection of information is $710,500. 52618, allowing for a 60-day public a Currently Approved Collection. Dated: November 17, 2020. comment period. USCIS did receive one (2) Title of the Form/Collection: comment unrelated to the information Interagency Record of Request A, G, or Samantha L. Deshommes, collection in connection with the 60-day NATO Dependent Employment Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship notice. Authorization or Change/Adjustment To/From A, G, or NATO Status. and Immigration Services, Department of You may access the information Homeland Security. (3) Agency form number, if any, and collection instrument with instructions, [FR Doc. 2020–25778 Filed 11–20–20; 8:45 am] the applicable component of the DHS or additional information by visiting the BILLING CODE 9111–97–P sponsoring the collection: I–566; USCIS. Federal eRulemaking Portal site at: http://www.regulations.gov and enter (4) Affected public who will be asked or required to respond, as well as a brief USCIS–2007–0041 in the search box. DEPARTMENT OF HOMELAND abstract: Primary: Individuals or The comments submitted to USCIS via SECURITY households. The data on this form is this method are visible to the Office of used by Department of State (DOS) to U.S. Citizenship and Immigration Management and Budget and comply certify to USCIS eligibility of Services with the requirements of 5 CFR dependents of A or G principals [OMB Control Number 1615–0053] 1320.12(c). All submissions will be requesting employment authorization, posted, without change, to the Federal as well as for NATO/Headquarters, eRulemaking Portal at http:// Agency Information Collection Supreme Allied Commander Activities; Extension, Without Change, www.regulations.gov, and will include Transformation (NATO/HQ SACT) to any personal information you provide. of a Currently Approved Collection: certify to USCIS similar eligibility for Request for Certification of Military or Therefore, submitting this information dependents of NATO principals. DOS Naval Service makes it public. You may wish to also uses this form to certify to USCIS consider limiting the amount of that certain A, G or NATO AGENCY: U.S. Citizenship and personal information that you provide nonimmigrants may change their status Immigration Services, Department of in any voluntary submission you make to another nonimmigrant status. USCIS, Homeland Security. to DHS. DHS may withhold information on the other hand, uses data on this ACTION: 30-Day notice. provided in comments from public form in the adjudication of change or viewing that it determines may impact adjustment of status applications from SUMMARY: The Department of Homeland the privacy of an individual or is aliens in A, G, or NATO classifications Security (DHS), U.S. Citizenship and offensive. For additional information, and following any such adjudication Immigration Services (USCIS) will be please read the Privacy Act notice that informs DOS of the results by use of this submitting the following information is available via the link in the footer of form. The information provided on this collection request to the Office of Management and Budget (OMB) for http://www.regulations.gov. form continues to ensure effective review and clearance in accordance Written comments and suggestions interagency communication among the three governmental departments—the with the Paperwork Reduction Act of from the public and affected agencies Department of Homeland Security 1995. The purpose of this notice is to should address one or more of the (DHS), DOS, and the Department of allow an additional 30 days for public following four points: Defense (DOD)—as well as with NATO/ comments. (1) Evaluate whether the proposed HQ SACT. These departments and DATES: Comments are encouraged and collection of information is necessary organizations utilize this form to will be accepted until December 23, for the proper performance of the facilitate the uniform collection and 2020. functions of the agency, including review of information necessary to ADDRESSES: Written comments and/or whether the information will have determine an alien’s eligibility for the suggestions regarding the item(s) practical utility; requested immigration benefit. This contained in this notice, especially (2) Evaluate the accuracy of the form also ensures that the information regarding the estimated public burden agency’s estimate of the burden of the collected is communicated among DHS, and associated response time, must be proposed collection of information, DOS, DOD, and NATO/HQ SACT submitted via the Federal eRulemaking including the validity of the regarding each other’s findings or Portal website at http:// methodology and assumptions used; actions. www.regulations.gov under e-Docket ID (5) An estimate of the total number of number USCIS–2007–0016. All (3) Enhance the quality, utility, and respondents and the amount of time submissions received must include the clarity of the information to be estimated for an average respondent to OMB Control Number 1615–0053 in the collected; and respond: The estimated total number of body of the letter, the agency name and (4) Minimize the burden of the respondents for the information Docket ID USCIS–2007–0016. collection of information on those who collection I–566 is 5,800 and the FOR FURTHER INFORMATION CONTACT: are to respond, including through the estimated hour burden per response is USCIS, Office of Policy and Strategy, use of appropriate automated, 1.42 hours. Regulatory Coordination Division, electronic, mechanical, or other (6) An estimate of the total public Samantha Deshommes, Chief, technological collection techniques or burden (in hours) associated with the Telephone number (240) 721–3000 other forms of information technology, collection: The total estimated annual (This is not a toll-free number; e.g., permitting electronic submission of hour burden associated with this comments are not accepted via responses. collection is 8,236 hours. telephone message.). Please note contact

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information provided here is solely for use of appropriate automated, DEPARTMENT OF HOMELAND questions regarding this notice. It is not electronic, mechanical, or other SECURITY for individual case status inquiries. technological collection techniques or Applicants seeking information about other forms of information technology, U.S. Citizenship and Immigration the status of their individual cases can e.g., permitting electronic submission of Services check Case Status Online, available at responses. [OMB Control Number 1615–0007] the USCIS website at http:// www.uscis.gov, or call the USCIS Overview of This Information Collection Agency Information Collection Contact Center at (800) 375–5283; TTY Activities; Extension, Without Change, (800) 767–1833. (1) Type of Information Collection of a Currently Approved Collection: SUPPLEMENTARY INFORMATION: Request: Extension, Without Change, of Alien Change of Address Card a Currently Approved Collection. Comments (2) Title of the Form/Collection: AGENCY: U.S. Citizenship and The information collection notice was Request for Certification of Military or Immigration Services, Department of previously published in the Federal Naval Service. Homeland Security. Register on August 26, 2020, at 85 FR (3) Agency form number, if any, and ACTION: 30-Day notice. 52624, allowing for a 60-day public the applicable component of the DHS comment period. USCIS did not receive sponsoring the collection: N–426; SUMMARY: The Department of Homeland any comments in connection with the USCIS. Security (DHS), U.S. Citizenship and 60-day notice. (4) Affected public who will be asked Immigration Services (USCIS) will be You may access the information or required to respond, as well as a brief submitting the following information collection instrument with instructions, abstract: Primary: Individuals or collection request to the Office of or additional information by visiting the households. The Form N–426 is used by Management and Budget (OMB) for Federal eRulemaking Portal site at: naturalization applicants to document review and clearance in accordance http://www.regulations.gov and enter honorable service in the U.S. Armed with the Paperwork Reduction Act of USCIS–2007–0016 in the search box. Forces. The form is filed with U.S. 1995. The purpose of this notice is to The comments submitted to USCIS via Citizenship and Immigration Services allow an additional 30 days for public this method are visible to the Office of (USCIS) when the respondent applies comments. Management and Budget and comply for naturalization with USCIS Form N– DATES: Comments are encouraged and with the requirements of 5 CFR 400, Application for Naturalization will be accepted until December 23, 1320.12(c). All submissions will be (OMB Control Number 1615–0052). The 2020. posted, without change, to the Federal Department of Defense (DOD) record ADDRESSES: Written comments and/or eRulemaking Portal at http:// centers or personnel offices verify and suggestions regarding the item(s) www.regulations.gov, and will include certify the applicant’s military or naval contained in this notice, especially any personal information you provide. service information provided on Form regarding the estimated public burden Therefore, submitting this information N–426. USCIS reviews the form as part and associated response time, must be makes it public. You may wish to of the process to determine the submitted via the Federal eRulemaking consider limiting the amount of applicant’s eligibility for naturalization. Portal website at http:// personal information that you provide USCIS also collects biometric www.regulations.gov under e-Docket ID in any voluntary submission you make information from respondents to verify number USCIS–2008–0018. All to DHS. DHS may withhold information their identity and check or update their submissions received must include the provided in comments from public background information. OMB Control Number 1615–0007 in the viewing that it determines may impact (5) An estimate of the total number of body of the letter, the agency name and the privacy of an individual or is respondents and the amount of time Docket ID USCIS–2008–0018. offensive. For additional information, estimated for an average respondent to FOR FURTHER INFORMATION CONTACT: please read the Privacy Act notice that respond: The estimated total number of is available via the link in the footer of USCIS, Office of Policy and Strategy, respondents for the information Regulatory Coordination Division, http://www.regulations.gov. collection N–426 is 10,000 and the Written comments and suggestions Samantha Deshommes, Chief, estimated hour burden per response is Telephone number (240) 721–3000 from the public and affected agencies .75 hours. should address one or more of the (This is not a toll-free number; (6) An estimate of the total public comments are not accepted via following four points: burden (in hours) associated with the (1) Evaluate whether the proposed telephone message.). Please note contact collection: The total estimated annual information provided here is solely for collection of information is necessary hour burden associated with this for the proper performance of the questions regarding this notice. It is not collection is 7,500 hours. for individual case status inquiries. functions of the agency, including (7) An estimate of the total public whether the information will have Applicants seeking information about burden (in cost) associated with the the status of their individual cases can practical utility; collection: The estimated total annual (2) Evaluate the accuracy of the check Case Status Online, available at cost burden associated with this the USCIS website at http:// agency’s estimate of the burden of the collection of information is $245,000. proposed collection of information, www.uscis.gov, or call the USCIS including the validity of the Dated: November 17, 2020. Contact Center at (800) 375–5283; TTY methodology and assumptions used; Samantha L. Deshommes, (800) 767–1833. (3) Enhance the quality, utility, and Chief, Regulatory Coordination Division, SUPPLEMENTARY INFORMATION: clarity of the information to be Office of Policy and Strategy, U.S. Citizenship collected; and and Immigration Services, Department of Comments (4) Minimize the burden of the Homeland Security. The information collection notice was collection of information on those who [FR Doc. 2020–25784 Filed 11–20–20; 8:45 am] previously published in the Federal are to respond, including through the BILLING CODE 9111–97–P Register on August 26, 2020, at 85 FR

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52621, allowing for a 60-day public sponsoring the collection: AR–11; telephone at 703–358–2279, via email at comment period. USCIS did not receive USCIS. [email protected], or via the Federal any comments in connection with the (4) Affected public who will be asked Relay Service at 800–877–8339 for TTY 60-day notice. or required to respond, as well as a brief service. You may access the information abstract: Primary: Individuals or SUPPLEMENTARY INFORMATION: The collection instrument with instructions, households. Form AR–11, Alien’s Secretary of the Interior (Secretary) or additional information by visiting the Change of Address Card, provides a intends to reestablish the Sport Fishing Federal eRulemaking Portal site at: standardized format for compliance and Boating Partnership Council http://www.regulations.gov and enter with section 265(a) of the INA. Change (Council) for a 2-year period. The USCIS–2008–0018 in the search box. of Address Online provides a Council advises the Secretary, through The comments submitted to USCIS via standardized format for providing the Director of the U.S. Fish and this method are visible to the Office of change of address information Wildlife Service, on aquatic Management and Budget and comply electronically. conservation endeavors that benefit with the requirements of 5 CFR (5) An estimate of the total number of recreational fishery resources and 1320.12(c). All submissions will be respondents and the amount of time recreational boating and that encourage posted, without change, to the Federal estimated for an average respondent to partnerships among industry, the eRulemaking Portal at http:// respond: The estimated total number of public, and government. The Council www.regulations.gov, and will include respondents for the information functions solely as an advisory body. any personal information you provide. collection AR–11 is 81,200 and the The Council conducts its operations in Therefore, submitting this information estimated hour burden per response is accordance with the provisions of the makes it public. You may wish to 0.20 hours; the estimated total number Federal Advisory Committee Act (5 consider limiting the amount of of respondents for the information U.S.C. Appendix 2). personal information that you provide collection Change of Address Online is Certification: I hereby certify that the in any voluntary submission you make 1,032,950 and the estimated hour Sport Fishing and Boating Partnership to DHS. DHS may withhold information burden per response is 0.17 hours. Council is necessary and is in the public provided in comments from public (6) An estimate of the total public interest in connection with the viewing that it determines may impact burden (in hours) associated with the performance of duties imposed on the the privacy of an individual or is collection: The total estimated annual Department of the Interior under the offensive. For additional information, hour burden associated with this Fish and Wildlife Act of 1956 (16 U.S.C. please read the Privacy Act notice that collection is 191,842 hours. 742a–742j), the Federal Aid in Sport is available via the link in the footer of (7) An estimate of the total public Fish Restoration Act (16 U.S.C. 777– http://www.regulations.gov. burden (in cost) associated with the 777k), the Fish and Wildlife Written comments and suggestions collection: The estimated total annual Coordination Act (16 U.S.C. 661–667e), from the public and affected agencies cost burden associated with this and Executive Order 12962 (60 FR should address one or more of the collection of information is $304,500. 30769, June 7, 1995), as amended by following four points: Dated: November 17, 2020. Executive Order 13474 (73 FR 57229, (1) Evaluate whether the proposed September 26, 2008). collection of information is necessary Samantha L Deshommes, for the proper performance of the Chief, Regulatory Coordination Division, Authority: 5 U.S.C. Appendix 2. functions of the agency, including Office of Policy and Strategy, U.S. Citizenship Dated: November 16, 2020. whether the information will have and Immigration Services, Department of Homeland Security. David L. Bernhardt, practical utility; Secretary of the Interior. (2) Evaluate the accuracy of the [FR Doc. 2020–25777 Filed 11–20–20; 8:45 am] [FR Doc. 2020–25840 Filed 11–20–20; 8:45 am] agency’s estimate of the burden of the BILLING CODE 9111–97–P proposed collection of information, BILLING CODE 4333–15–P including the validity of the DEPARTMENT OF THE INTERIOR methodology and assumptions used; DEPARTMENT OF THE INTERIOR (3) Enhance the quality, utility, and Office of the Secretary clarity of the information to be Bureau of Land Management collected; and [FWS–HQ–FAC–2020–N053; FF09F42300 (4) Minimize the burden of the FVWF97920900000 XXX] [LLCA942000 L57000000.BX0000 collection of information on those who 21XL5017AR; MO#4500149726] are to respond, including through the Sport Fishing and Boating Partnership use of appropriate automated, Council; Reestablishment Filing of Plats of Survey: California electronic, mechanical, or other AGENCY: technological collection techniques or Office of the Secretary, Interior. AGENCY: Bureau of Land Management, other forms of information technology, ACTION: Notice of reestablishment. Interior. e.g., permitting electronic submission of ACTION: Notice of official filing. SUMMARY: This notice is published in responses. accordance with the Federal Advisory SUMMARY: The plats of survey of lands Overview of This Information Committee Act. Following consultation described in this notice are scheduled to Collection with the General Services be officially filed in the Bureau of Land (1) Type of Information Collection Administration, the Secretary of the Management (BLM), California State Request: Extension, Without Change, of Interior is reestablishing the Sport Office, Sacramento, California, 30 a Currently Approved Collection. Fishing and Boating Partnership calendar days from the date of this (2) Title of the Form/Collection: Alien Council for a 2-year period. publication. The surveys, which were Change of Address Card. FOR FURTHER INFORMATION CONTACT: executed at the request of the U.S. (3) Agency form number, if any, and David Miko, Designated Federal Officer, Forest Service, Bureau of Indian Affairs, the applicable component of the DHS U.S. Fish and Wildlife Service, via and Bureau of Land Management, are

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necessary for the management of these notice of protest or statement of reasons, proposed or amendatory contract lands. you should be aware that the documents actions for any contract for the delivery DATES: Unless there are protests to this you submit—including your personal of project water for authorized uses in action, the plats described in this notice identifying information—may be made newspapers of general circulation in the will be filed on December 23, 2020. publicly available at any time. While affected area at least 60 days prior to ADDRESSES: You may submit written you can ask the BLM to withhold your contract execution. Announcements protests to the BLM California State personal identifying information from may be in the form of news releases, Office, Cadastral Survey, 2800 Cottage public review, we cannot guarantee that legal notices, official letters, Way, W–1623, Sacramento, CA 95825. we will be able to do so. memorandums, or other forms of A copy of the plats may be obtained Authority: 43 U.S.C., Chapter 3. written material. Meetings, workshops, and/or hearings may also be used, as from the BLM California State Office, Jon L. Kehler, Public Room, 2800 Cottage Way, W– appropriate, to provide local publicity. Chief Cadastral Surveyor. 1623, Sacramento, California 95825, The public participation procedures do upon required payment. [FR Doc. 2020–25839 Filed 11–20–20; 8:45 am] not apply to proposed contracts for the BILLING CODE 4310–40–P sale of surplus or interim irrigation FOR FURTHER INFORMATION CONTACT: Jon water for a term of 1 year or less. Either Kehler, Chief, Branch of Cadastral of the contracting parties may invite the Survey, Bureau of Land Management, DEPARTMENT OF THE INTERIOR public to observe contract proceedings. California State Office, 2800 Cottage All public participation procedures will Way, W–1623, Sacramento, California Bureau of Reclamation be coordinated with those involved in 95825; 1–916–978–4323; jkehler@ [RR83550000, 212R5065C6, complying with the National blm.gov. Persons who use a RX.59389832.1009676] Environmental Policy Act. Pursuant to telecommunications device for the deaf the ‘‘Final Revised Public Participation may call the Federal Relay Service (FRS) Quarterly Status Report of Water Procedures’’ for water resource-related at 1–800–877–8339 to contact the above Service, Repayment, and Other Water- contract negotiations, published in 47 individual during normal business Related Contract Actions FR 7763, February 22, 1982, a tabulation hours. The Service is available 24 hours is provided of all proposed contractual a day, 7 days a week, to leave a message AGENCY: Bureau of Reclamation, Interior. actions in each of the five Reclamation or question with the above individual. regions. When contract negotiations are ACTION: Notice of contract actions. You will receive a reply during normal completed, and prior to execution, each business hours. SUMMARY: Notice is hereby given of proposed contract form must be SUPPLEMENTARY INFORMATION: The lands contractual actions that have been approved by the Secretary of the surveyed are: proposed to the Bureau of Reclamation Interior, or pursuant to delegated or Mount Diablo Meridian, California (Reclamation) and are new, redelegated authority, the Commissioner of Reclamation or one of the regional T. 25 N., R. 6 E., dependent resurvey, for discontinued, or completed since the Group No. 1729, accepted October 6, 2020. last publication of this notice. This directors. In some instances, notice is one of a variety of means used congressional review and approval of a San Bernardino Meridian, California to inform the public about proposed report, water rate, or other terms and T. 12 S., R. 9 E., dependent resurvey and contractual actions for capital recovery conditions of the contract may be subdivision, for Group No. 1780, accepted and management of project resources involved. August 26, 2020. and facilities consistent with the Public participation in and receipt of T. 5 S., R. 8 E., dependent resurvey and Reclamation Project Act of 1939. comments on contract proposals will be metes-and-bounds survey, for Group No. facilitated by adherence to the following 1782, accepted September 2, 2020. Additional announcements of T. 9 S., R. 21 E., supplemental plat, for Group individual contract actions may be procedures: No. 1742, accepted September 29, 2020. published in the Federal Register and in 1. Only persons authorized to act on newspapers of general circulation in the behalf of the contracting entities may A person or party who wishes to negotiate the terms and conditions of a protest one or more plats of survey must areas determined by Reclamation to be affected by the proposed action. specific contract proposal. file a written notice of protest within 30 2. Advance notice of meetings or ADDRESSES: The identity of the calendar days from the date of this hearings will be furnished to those approving officer and other information publication at the address listed in the parties that have made a timely written pertaining to a specific contract ADDRESSES section of this notice. Any request for such notice to the proposal may be obtained by calling or notice of protest received after the due appropriate regional or project office of writing the appropriate regional office at date will be untimely and will not be Reclamation. considered. A written statement of the address and telephone number given 3. Written correspondence regarding reasons in support of a protest, if not for each region in the SUPPLEMENTARY proposed contracts may be made filed with the notice of protest, must be INFORMATION section of this notice. available to the general public pursuant filed at the same address within 30 FOR FURTHER INFORMATION CONTACT: to the terms and procedures of the calendar days after the notice of protest Michelle Kelly, Reclamation Law Freedom of Information Act, as is filed. If a protest against the survey is Administration Division, Bureau of amended. received prior to the date of official Reclamation, P.O. Box 25007, Denver, 4. Written comments on a proposed filing, the filing will be stayed pending Colorado 80225–0007; [email protected]; contract or contract action must be consideration of the protest. A plat will telephone 303–445–2888. submitted to the appropriate regional not be officially filed until the day after SUPPLEMENTARY INFORMATION: Consistent officials at the locations and within the all protests have been dismissed or with section 9(f) of the Reclamation time limits set forth in the advance otherwise resolved. Project Act of 1939, and the rules and public notices. Before including your address, phone regulations published in 52 FR 11954, 5. All written comments received and number, email address, or other April 13, 1987 (43 CFR 426.22), testimony presented at any public personal identifying information in your Reclamation will publish notice of hearings will be reviewed and

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summarized by the appropriate regional Modified contract action: Lower Colorado Basin—Interior office for use by the contract approving 20. Garrison Diversion Conservancy Region 8: Bureau of Reclamation, P.O. authority. District; Garrison Diversion Unit, P– Box 61470 (Nevada Highway and Park 6. Copies of specific proposed SMBP; North Dakota: Consideration of a Street), Boulder City, Nevada 89006– contracts may be obtained from the contract for 165 cubic-feet-per-second of 1470, telephone 702–293–8192. appropriate regional director or his or water for municipal, rural, and New contract actions: her designated public contact as they industrial purposes. 20. Ak-Chin Indian Community and become available for review and Discontinued contract action: Del Webb Corporation, CAP, Arizona: comment. 32. Midvale ID; Riverton Unit, P– Execute a First Amendment to 7. In the event modifications are made SMBP; Wyoming: Consideration of a (Restated) Option and Lease among the in the form of a proposed contract, the new M&I water service contract. Ak-Chin Indian Community, the Del appropriate regional director shall Completed contract actions: Webb Corporation, and United States of determine whether republication of the 11. Town of Shoshoni, P–SMBP, America. notice and/or extension of the comment Wyoming: Consideration for renewal of 21. Brooke Water LLC and EPCOR period is necessary. contract No. 0–07–60–WS083. Contract Water Arizona Inc., BCP, Arizona: Enter Factors considered in making such a executed on September 10, 2020. into an assignment of Brooke’s Colorado determination shall include, but are not 37. Gering-Fort Laramie ID, North River water delivery contract to EPCOR, limited to, (i) the significance of the Platte Project, Wyoming and Nebraska: and a new contract with EPCOR that modification, and (ii) the degree of Consideration of repayment contract for will supersede and replace its existing public interest which has been EXM, funded pursuant to Subtitle G of Colorado River water delivery contract. expressed over the course of the Public Law 111–11. Contract executed Completed contract action: negotiations. At a minimum, the on September 2, 2020. 8. Western Water, LLC and Ehrenberg 42. Milk River Joint Board of Control, regional director will furnish revised Improvement District, BCP, Arizona: Milk River Project, Montana: contracts to all parties who requested Review and approve a proposed partial Consideration of a repayment contract the contract in response to the initial assignment and transfer of Arizona for EXM, funded pursuant to Subtitle G public notice. fourth-priority Colorado River water in of Public Law 111–11. Contract the amount of 85 acre-feet of water per Definitions of Abbreviations Used in the executed on July 9, 2020. year from Western Water to the District; Upper Colorado Basin—Interior Reports amend Western Water’s Colorado River Region 7: Bureau of Reclamation, 125 ARRA American Recovery and water delivery contract No. 16–XX–30– South State Street, Room 8100, Salt Reinvestment Act of 2009 W0619 to decrease its Colorado River Lake City, Utah 84138–1102, telephone BCP Boulder Canyon Project water entitlement by 85 acre-feet of Reclamation Bureau of Reclamation 801–524–3864. New contract actions: water per year from 621.48 to 536.48 CAP Central Arizona Project acre-feet of water per year; and amend CUP Central Utah Project 32. Navajo Tribal Utility Authority, CVP Central Valley Project Navajo-Gallup Water Supply Project, the District’s Colorado River water CRSP Colorado River Storage Project New Mexico: Reclamation is entering delivery contract No. 8–07–30–W0006 XM Extraordinary Maintenance negotiations with the Navajo Tribal to increase the District’s Colorado River EXM Emergency Extraordinary Utility Authority to provide excess water entitlement by 85 acre-feet of Maintenance capacity for non-project water, pursuant water per year from 650 to 735 acre-feet FR Federal Register to Public Law 111–11, Section 10602(h). of water per year. Contract executed on IDD Irrigation and Drainage District 33. Uintah Basin Water Conservancy September 11, 2020. ID Irrigation District Columbia-Pacific Northwest—Interior M&I Municipal and Industrial District, CUP, Utah: Request for an exchange contract allowing for excess Region 9: Bureau of Reclamation, 1150 O&M Operation and Maintenance North Curtis Road, Suite 100, Boise, OM&R Operation, Maintenance, and water from high flows originally Replacement diverted from Ashely Creek in the Idaho 83706–1234, telephone 208–378– P–SMBP Pick-Sloan Missouri Basin Spring into a water treatment facility to 5344. Program be stored in Steinaker Reservoir and Completed contract action: RRA Reclamation Reform Act of 1982 exchanged for water flowing into 11. Willow Creek District SOD Safety of Dams Steinaker Reservoir later in the year Improvement Company, Willow Creek SRPA Small Reclamation Projects Act of after the high flows are gone. This water Project, Oregon: Amend contract to 1956 will be identified and contracted as M&I increase the amount of storage water USACE U.S. Army Corps of Engineers made available under the existing long- WD Water District use water. Discontinued contract action: term contract from 2,500 to 3,500 acre- Missouri Basin—Interior Region 5: 19. Strawberry High Line Canal feet. Contract executed on August 12, Bureau of Reclamation, P.O. Box 36900, Company, Strawberry Valley Project; 2020. Federal Building, 2021 4th Avenue Utah: The Strawberry High Line Canal California-Great Basin—Interior North, Billings, Montana 59101, Company has requested conversion of Region 10: Bureau of Reclamation, 2800 telephone 406–247–7752. up to 20,000 acre-feet of irrigation water Cottage Way, Sacramento, California New contract actions: to be allowed for miscellaneous uses. 95825–1898, telephone 916–978–5250. 44. Buford-Trenton ID; Buford- Completed contract actions: Modified contract actions: Trenton Project, P–SMBP; North Dakota: 22. Moon Lake Water Users 2. Contractors from the Delta Division, Consideration to amend long-term Association, Uintah Basin Replacement Cross Valley Canal, San Felipe Division, irrigation power repayment contract and Project, Central Utah Project, Utah: Title West San Joaquin Division, San Luis project-use power contract to include transfer agreement was executed on Unit, and Elk Creek Community additional acres. September 18, 2020. Services District; CVP; California: 45. Mid-Dakota Rural Water System, 24. Emery Water Conservancy District, Renewal of 30 interim and long-term Inc., South Dakota: Consideration to Emery Project, Utah: Title transfer water service contracts; water quantities amend Agreement No. 5–07–60–W0223 agreement was executed on September for these contracts total in excess of to reflect the payoff of loans. 18, 2020. 2.1M acre-feet. These contract actions

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will be accomplished through long-term DATES: Interested persons are invited to (4) How might the agency minimize renewal contracts pursuant to Public submit comments on or before the burden of the collection of Law 102–575. Prior to completion of December 23, 2020. information on those who are to negotiation of long-term renewal ADDRESSES: Written comments and respond, including through the use of contracts, existing interim renewal recommendations for the proposed appropriate automated, electronic, water service contracts may be renewed information collection should be sent mechanical, or other technological through successive interim renewal of within 30 days of publication of this collection techniques or other forms of contracts. notice to www.reginfo.gov/public/do/ information technology, e.g., permitting 12. San Luis WD, CVP, California: PRAMain. Find this particular electronic submission of response. Proposed partial assignment of 4,604 information collection by selecting Comments that you submit in acre-feet of the District’s CVP supply to ‘‘Currently under 30-day Review—Open response to this notice are a matter of Santa Nella County WD for M&I use. for Public Comments’’ or by using the public record. Before including your 35. Placer County Water Agency and search function. Please provide a copy address, phone number, email address, East Bay Municipal Utility District, CVP, of your comments to Mark Gehlhar, California: Long-term Warren Act Office of Surface Mining Reclamation or other personal identifying contracts for up to 47,000 acre-feet of and Enforcement, 1849 C Street NW, information in your comment, you water annually. Specifically, a contract Room 4556–MIB, Washington, DC should be aware that your entire with Placer County Water Agency for 20240; or by email to mgehlhar@ comment—including your personal storage and conveyance in Folsom osmre.gov. Please reference OMB identifying information—may be made Reservoir, and a contract with East Bay Control Number 1029–0054 in the publicly available at any time. While Municipal Utility District for subject line of your comments. you can ask us in your comment to conveyance of non-project water FOR FURTHER INFORMATION CONTACT: To withhold your personal identifying through Folsom Canal South. request additional information about information from public review, we Completed contract actions: this ICR, contact Mark Gehlhar by email cannot guarantee that we will be able to 42. Water user entities responsible for do so. repayment of reimbursable project at [email protected], or by telephone construction costs in California, at (202) 208–2716. You may also view Abstract: 30 CFR 872 establishes a Nevada, and Oregon: Contracts for the ICR at http://www.reginfo.gov/ procedure whereby States and Indian conversion or prepayment executed public/do/PRAMain. tribes submit written statements pursuant to the Water Infrastructure SUPPLEMENTARY INFORMATION: In announcing the State/Tribe’s decision Improvements for the Nation Act, Public accordance with the PRA and 5 CFR not to submit reclamation plans, and Law 114–322, Sec. 4011(a–d). Contracts 1320.8(d)(1), we provide the general therefore, will not be granted AML completed with East Bay Municipal public and other Federal agencies with funds. Additional information is Utility District; City of Folsom, Placer an opportunity to comment on new, provided to OSMRE by state County Water Authority, City of proposed, revised, and continuing reclamation agencies to determine Roseville, Sacramento County Water collections of information. This helps us eligibility of economic development Authority, San Juan Water District, and assess the impact of our information projects requesting Treasury Funds Sacramento Municipal Utility District; collection requirements and minimize allocated to the AML Pilot Program. the public’s reporting burden. It also CVP; California; on March 1, 2020. Title of Collection: Abandoned Mine helps the public understand our Christopher J. Beardsley, information collection requirements and Reclamation Funds. Director, Policy and Programs. provide the requested data in the OMB Control Number: 1029–0054. [FR Doc. 2020–25807 Filed 11–20–20; 8:45 am] desired format. Form Number: None. BILLING CODE 4332–90–P A Federal Register notice with a 60- day public comment period soliciting Type of Review: Extension of a comments on this collection of currently approved collection. DEPARTMENT OF THE INTERIOR information was published on August Respondents/Affected Public: States 26, 2020 (85 FR 52636). No comments and Indian tribes. Office of Surface Mining Reclamation were received. and Enforcement Total Estimated Number of Annual As part of our continuing effort to Respondents: 6. [S1D1S SS08011000 SX064A000 reduce paperwork and respondent 211S180110; S2D2S SS08011000 burdens, we are again soliciting Total Estimated Number of Annual SX064A000 21XS501520; OMB Control comments from the public and other Responses: 101. Number 1029–0054] Federal agencies on the proposed ICR Estimated Completion Time per that is described below. We are Response: 114 hours. Agency Information Collection especially interested in public comment Activities; Abandoned Mine Total Estimated Number of Annual addressing the following: Burden Hours: 11,500. Reclamation Funds (1) Whether or not the collection of AGENCY: Office of Surface Mining information is necessary for the proper Respondent’s Obligation: Required to Reclamation and Enforcement, Interior. performance of the functions of the obtain or retain a benefit. ACTION: Notice of information collection; agency, including whether or not the Frequency of Collection: One time. request for comment. information will have practical utility; Total Estimated Annual Nonhour (2) The accuracy of our estimate of the Burden Cost: None. SUMMARY: In accordance with the burden for this collection of Paperwork Reduction Act of 1995, we, information, including the validity of An agency may not conduct or the Office of Surface Mining the methodology and assumptions used; sponsor and a person is not required to Reclamation and Enforcement (OSMRE) (3) Ways to enhance the quality, respond to a collection of information are proposing to renew an information utility, and clarity of the information to unless it displays a currently valid OMB collection. be collected; and control number.

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The authority for this action is the collections of information. This helps us Title of Collection: Subsidence Paperwork Reduction Act of 1995 (44 assess the impact of our information Insurance Program Grants. U.S.C. 3501 et seq.). collection requirements and minimize OMB Control Number: 1029–0107. the public’s reporting burden. It also Form Number: None. Mark J. Gehlhar, helps the public understand our Type of Review: Extension of a Information Collection Clearance Officer, information collection requirements and currently approved collection. Division of Regulatory Support. provide the requested data in the Respondents/Affected Public: States [FR Doc. 2020–25846 Filed 11–20–20; 8:45 am] desired format. and Indian tribes. BILLING CODE 4310–05–P A Federal Register notice with a 60- Total Estimated Number of Annual day public comment period soliciting Respondents: 1. comments on this collection of Total Estimated Number of Annual DEPARTMENT OF THE INTERIOR information was published on August Responses: 1. 26, 2020 (85 FR 52635). No comments Estimated Completion Time per Office of Surface Mining Reclamation were received. Response: 8 hour. and Enforcement As part of our continuing effort to Total Estimated Number of Annual [S1D1S SS08011000 SX064A000 reduce paperwork and respondent Burden Hours: 8. 211S180110; S2D2S SS08011000 burdens, we are again soliciting Respondent’s Obligation: Required to SX064A000 21XS501520; OMB Control comments from the public and other obtain or retain a benefit. Number 1029–0107] Federal agencies on the proposed ICR Frequency of Collection: One time. that is described below. We are Total Estimated Annual Nonhour Agency Information Collection especially interested in public comment Burden Cost: None. Activities; Subsidence Insurance addressing the following: An agency may not conduct or Program Grants (1) Whether or not the collection of sponsor and a person is not required to AGENCY: Office of Surface Mining information is necessary for the proper respond to a collection of information Reclamation and Enforcement, Interior. performance of the functions of the unless it displays a currently valid OMB ACTION: Notice of information collection; agency, including whether or not the control number. request for comment. information will have practical utility; The authority for this action is the (2) The accuracy of our estimate of the Paperwork Reduction Act of 1995 (44 SUMMARY: In accordance with the burden for this collection of U.S.C. 3501 et seq.). Paperwork Reduction Act of 1995, we, information, including the validity of Signed: the methodology and assumptions used; the Office of Surface Mining Mark J. Gehlhar, Reclamation and Enforcement (OSMRE) (3) Ways to enhance the quality, utility, and clarity of the information to Information Collection Clearance Officer, are proposing to renew an information Division of Regulatory Support. collection. be collected; and [FR Doc. 2020–25837 Filed 11–20–20; 8:45 am] DATES: Interested persons are invited to (4) How might the agency minimize BILLING CODE 4310–05–P submit comments on or before the burden of the collection of December 23, 2020. information on those who are to respond, including through the use of ADDRESSES: Written comments and appropriate automated, electronic, INTERNATIONAL TRADE recommendations for the proposed mechanical, or other technological COMMISSION information collection should be sent collection techniques or other forms of within 30 days of publication of this [Investigation Nos. 701–TA–456 and 731– information technology, e.g., permitting notice to www.reginfo.gov/public/do/ TA–1152 (Second Review)] electronic submission of response. PRAMain. Find this particular Comments that you submit in Citric Acid and Certain Citrate Salts information collection by selecting response to this notice are a matter of From China; Scheduling of Expedited ‘‘Currently under 30-day Review—Open public record. Before including your Five-Year Reviews for Public Comments’’ or by using the address, phone number, email address, search function. Please provide a copy or other personal identifying AGENCY: United States International of your comments to Mark Gehlhar, information in your comment, you Trade Commission. Office of Surface Mining Reclamation should be aware that your entire ACTION: Notice. and Enforcement, 1849 C. Street NW, comment—including your personal SUMMARY: Room 4556–MIB, Washington, DC identifying information—may be made The Commission hereby gives 20240; or by email to mgehlhar@ publicly available at any time. While notice of the scheduling of expedited osmre.gov. Please reference OMB you can ask us in your comment to reviews pursuant to the Tariff Act of Control Number 1029–0107 in the withhold your personal identifying 1930 (‘‘the Act’’) to determine whether subject line of your comments. information from public review, we revocation of the countervailing and FOR FURTHER INFORMATION CONTACT: To cannot guarantee that we will be able to antidumping duty orders on citric acid request additional information about do so. and certain citrate salts from China this ICR, contact Mark Gehlhar by email Abstract: States and Indian tribes would be likely to lead to continuation at [email protected], or by telephone having an approved reclamation plan or recurrence of material injury within at (202) 208–2716. You may also view may establish, administer and operate a reasonably foreseeable time. the ICR at http://www.reginfo.gov/ self-sustaining state and Indian tribe- DATES: August 4, 2020. public/do/PRAMain. administered programs to insure private FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: In property against damages caused by Keysha Martinez (202–205–2136), Office accordance with the PRA and 5 CFR land subsidence resulting from of Investigations, U.S. International 1320.8(d)(1), we provide the general underground mining. States and Indian Trade Commission, 500 E Street SW, public and other Federal agencies with tribes interested in requesting monies Washington, DC 20436. Hearing- an opportunity to comment on new, for their insurance programs would impaired persons can obtain proposed, revised, and continuing apply to the Director of OSMRE. information on this matter by contacting

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the Commission’s TDD terminal on 202– other than an interested party to the INTERNATIONAL TRADE 205–1810. Persons with mobility reviews may file written comments with COMMISSION impairments who will need special the Secretary on what determination the [Investigation No. 337–TA–1144] assistance in gaining access to the Commission should reach in the Commission should contact the Office reviews. Comments are due on or before Certain Dental and Orthodontic of the Secretary at 202–205–2000. November 23, 2020 and may not contain Scanners and Software; Commission’s General information concerning the new factual information. Any person Final Determination Finding No Commission may also be obtained by that is neither a party to the five-year Violation of Section 337; Termination accessing its internet server (https:// reviews nor an interested party may of the Investigation www.usitc.gov). The public record for submit a brief written statement (which these reviews may be viewed on the shall not contain any new factual AGENCY: U.S. International Trade Commission’s electronic docket (EDIS) information) pertinent to the reviews by Commission. at https://edis.usitc.gov. November 23, 2020. However, should ACTION: Notice. SUPPLEMENTARY INFORMATION: the Department of Commerce SUMMARY: Notice is hereby given that Background.—On August 4, 2020, the (‘‘Commerce’’) extend the time limit for the U.S. International Trade Commission determined that the its completion of the final results of its Commission has found no violation of domestic interested party group reviews, the deadline for comments section 337 of the Tariff Act of 1930, as response to its notice of institution (85 (which may not contain new factual amended. The investigation is hereby FR 25475, May 1, 2020) of the subject information) on Commerce’s final terminated. five-year reviews was adequate and that results is three business days after the the respondent interested party group issuance of Commerce’s results. If FOR FURTHER INFORMATION CONTACT: response was inadequate. The comments contain business proprietary Robert Needham, Office of the General Commission did not find any other information (BPI), they must conform Counsel, U.S. International Trade circumstances that would warrant with the requirements of sections 201.6, Commission, 500 E Street SW, conducting full reviews.1 Accordingly, 207.3, and 207.7 of the Commission’s Washington, DC 20436, telephone (202) the Commission determined that it rules. The Commission’s Handbook on 708–5468. Copies of non-confidential would conduct expedited reviews Filing Procedures, available on the documents filed in connection with this pursuant to section 751(c)(3) of the Commission’s website at https:// investigation are or will be available for Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). www.usitc.gov/documents/handbook_ inspection during official business For further information concerning on_filing_procedures.pdf, elaborates hours (8:45 a.m. to 5:15 p.m.) in the the conduct of these reviews and rules upon the Commission’s procedures with Office of the Secretary, U.S. of general application, consult the respect to filings. International Trade Commission, 500 E Commission’s Rules of Practice and Street SW, Washington, DC 20436, In accordance with sections 201.16(c) Procedure, part 201, subparts A and B telephone (202) 205–2000. General and 207.3 of the rules, each document (19 CFR part 201), and part 207, information concerning the Commission subparts A, D, E, and F (19 CFR part filed by a party to the reviews must be may also be obtained by accessing its 207). served on all other parties to the reviews internet server (http://www.usitc.gov). Please note the Secretary’s Office will (as identified by either the public or BPI The public record for this investigation accept only electronic filings at this service list), and a certificate of service may be viewed on the Commission’s time. Filings must be made through the must be timely filed. The Secretary will electronic docket (EDIS) at http:// Commission’s Electronic Document not accept a document for filing without edis.usitc.gov. Hearing-impaired Information System (EDIS, https:// a certificate of service. persons are advised that information on edis.usitc.gov). No in-person paper- Determination.—The Commission has this matter can be obtained by based filings or paper copies of any determined these reviews are contacting the Commission’s TDD electronic filings will be accepted until extraordinarily complicated and terminal on (202) 205–1810. further notice. therefore has determined to exercise its SUPPLEMENTARY INFORMATION: The Staff report.—A staff report authority to extend the review period by Commission instituted this investigation containing information concerning the up to 90 days pursuant to 19 U.S.C. on March 5, 2019. 84 FR 7933–34 subject matter of the reviews will be 1675(c)(5)(B). (March 5, 2019) based on a complaint placed in the nonpublic record on Authority: These reviews are being filed on behalf of Align Technology, Inc. November 17, 2020, and made available conducted under authority of title VII of the of San Jose, California (‘‘Align’’). The to persons on the Administrative Tariff Act of 1930; this notice is published complaint alleges violations of section Protective Order service list for these pursuant to section 207.62 of the 337 of the Tariff Act of 1930, as reviews. A public version will be issued Commission’s rules. amended, 19 U.S.C. 1337, in the thereafter, pursuant to section importation into the United States, the 207.62(d)(4) of the Commission’s rules. By order of the Commission. sale for importation, or the sale within Written submissions.—As provided in Issued: November 18, 2020. the United States after importation of section 207.62(d) of the Commission’s certain dental and orthodontic scanners Lisa Barton, rules, interested parties that are parties and software by reason of infringement to the reviews and that have provided Secretary to the Commission. of one or more claims of U.S. Patent individually adequate responses to the [FR Doc. 2020–25792 Filed 11–20–20; 8:45 am] Nos. 9,299,192 (‘‘the ’192 patent’’); notice of institution,2 and any party BILLING CODE 7020–02–P 7,077,647 (‘‘the ’647 patent’’); 7,156,661 (‘‘the ’661 patent’’); 9,848,958 (‘‘the ’958 1 A record of the Commissioners’ votes is Archer Daniels Midland Company, Cargill, patent’’); and 8,102,538 (‘‘the ’538 available from the Office of the Secretary and at the Incorporated, and Tate & Lyle Ingredients Americas patent’’). Id. The complaint further Commission’s website. LLC (collectively, ‘‘domestic interested parties’’), to 2 The Commission has found the joint response to be individually adequate. Comments from other alleges that a domestic industry exists. its notice of institution filed on behalf of domestic interested parties will not be accepted (see 19 CFR Id. The Commission’s notice of producers of citric acid and certain citrate salts, 207.62(d)(2)). investigation named as respondents

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3Shape A/S of Copenhagen, Denmark; portion that is substantially fixed during patents because Align failed to show 3Shape, Inc. of Warren, New Jersey; and operation of the optical scanner and infringement; that Align failed to 3Shape Trios A/S of Copenhagen, imaging means’’ in the asserted claims establish a violation with respect to the Denmark (together, ‘‘3Shape’’). Id. The of the ’538 patent, and the application asserted claims of the ’538 patent Office of Unfair Import Investigations is of that construction regarding because Align failed to show not participating in the investigation. Id. infringement, invalidity, and the infringement and because the claims are The Commission subsequently technical prong of the domestic industry invalid; and that Align failed to terminated the investigation with requirement; (5) the findings regarding establish a violation with respect to the respect to the ’958 patent based on whether Okamato anticipates the asserted claims of the ’192 patent Align’s withdrawal of those complaint asserted claims of the ’538 patent; (6) because the claims are invalid. The allegations. Order No. 17 (Jul. 2, 2019), the findings regarding whether Paley- Commission’s determinations are not reviewed Notice (Jul. 23, 2019). On Kriveshko anticipates or renders explained more fully in the October 8, 2019, Align stated that it obvious the asserted claims of the ’192 accompanying Opinion. All other would no longer pursue a violation with patent; and (7) the findings regarding findings in the ID under review that are respect to claims 4 and 20 of the ’647 the satisfaction of the economic prong of consistent with the Commission’s patent, claims 1 and 19 of the ’661 the domestic industry requirement. determinations are affirmed. The patent, and claims 1, 3–5, and 22 of the Having examined the record of this investigation is hereby terminated. ’192 patent. On October 21, 2019, Align investigation, including the Final ID, the The Commission vote for these stated that it would no longer pursue a petitions, responses, and other determinations took place on November violation with respect to claim 2 of the submissions from the parties, the 17, 2020. ’647 patent. Accordingly, at the time of Commission has determined that Align The authority for the Commission’s the Final ID, Align asserted claims 1 and has failed to show a violation of section determination is contained in section 18 of the ’647 patent, claims 2 and 20 337. Specifically, the Commission has 337 of the Tariff Act of 1930, as of the ’661 patent, claims 1 and 2 of the determined to: (1) Modify the Final ID’s amended (19 U.S.C. 1337), and in part ’538 patent, and claims 2, 28, and 29 of findings on importation; (2) reverse the 210 of the Commission’s Rules of the ’192 patent. Final ID’s finding that Align showed Practice and Procedure (19 CFR part On April 30, 2020, the ALJ issued the induced infringement for the ’647 and 210). Final ID finding a violation of section ’661 patents; (3) modify the Final ID’s 337 with respect to the ’647 and ’661 interpretation of the limitation ‘‘to By order of the Commission. patents, and no violation with respect to determine corresponding dental Issued: November 17, 2020. the ’538 and ’192 patents. Specifically, objects’’ in the asserted claims of the Lisa Barton, the ALJ found that claims 1 and 18 of ’647 patent, but find that the Secretary to the Commission. the ’538 patent are not infringed and modification does not affect the [FR Doc. 2020–25791 Filed 11–20–20; 8:45 am] that claims 2, 28, and 29 of the ’192 application of the construction to BILLING CODE 7020–02–P patent are invalid. The ALJ found that infringement, the domestic industry, or Align satisfied the remaining invalidity; (4) take no position on the requirements for a violation with Final ID’s finding that the asserted DEPARTMENT OF JUSTICE respect to the ’538 and ’192 patents. claims of the ’647 and ’661 patents are On May 12, 2020, 3Shape and Align directed to patentable subject matter; (5) Antitrust Division each filed a petition for review of the modify the ALJ’s construction of Final ID. On May 20, 2020, the parties ‘‘wherein the device is configured for Notice Pursuant to The National responded to each other’s petitions. The maintaining a spatial disposition with Cooperative Research and Production Commission also received four respect to the portion that is Act of 1993—The Open Group, L.L.C. comments on the public interest. substantially fixed during operation of On January 31, 2020, the Commission the optical scanner and the imaging Notice is hereby given that, on determined to review the Final ID in means’’ of the asserted claims of the November 3, 2020, pursuant to Section part. Specifically, the Commission ’538 patent, and find that, under the 6(a) of the National Cooperative determined to review the following modified construction, Align Research and Production Act of 1993, issues: (1) The findings regarding established infringement and the 15 U.S.C. 4301 et seq. (‘‘the Act’’), The importation and induced infringement; technical prong of the domestic industry Open Group, L.L.C. (‘‘TOG’’) has filed (2) the construction of limitation 1.5/ requirement but that the asserted claims written notifications simultaneously 18.5 of the ‘647 patent (‘‘individually are invalid; (6) reverse the Final ID’s with the Attorney General and the matching [match] each of the dental finding that the asserted claims of the Federal Trade Commission disclosing objects in the subsequent digital model ’538 patent are not anticipated by changes in its membership. The with a dental object in the initial digital Okamoto; (7) reverse the Final ID’s notifications were filed for the purpose model to determine corresponding finding that the asserted claims of the of extending the Act’s provisions dental objects, the matching comprising ’192 patent are not anticipated by Paley- limiting the recovery of antitrust [including instructions to]’’) in the Kriveshko, and affirm the Final ID’s plaintiffs to actual damages under asserted claims of the ’647 patent, and finding that the asserted claims are specified circumstances. Specifically, the application of that construction invalid as obvious under modified 3ES Innovation Inc., Calgary, CANADA; regarding infringement, invalidity, and reasoning; and (8) take no position on Asesorı´as y Desarrollos Corporativos the technical prong of the domestic whether Align satisfied the economic S.A., San Jose´, COSTA RICA; Asia industry; (3) the findings regarding prong of the domestic industry eHealth Information Network, Kowloon, whether the asserted claims of the ’647 requirement. PEOPLE’S REPUBLIC OF CHINA; and ’661 patents are directed to Accordingly, the Commission finds Atkins Limited, Epsom, UNITED patentable subject matter; (4) the no violation of section 337. Specifically, KINGDOM; Bridewell Consulting Ltd, construction of the limitation ‘‘wherein the Commission finds that Align failed Reading, UNITED KINGDOM; Brunei the device is configured for maintaining to establish a violation with respect to Shell Petroleum Company Sendirian a spatial disposition with respect to the the asserted claims of the ’647 and ’661 Berhad, Seria, BRUNEI; Chameleon

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Consulting Group, L.L.C., Leesburg, VA; No other changes have been made in Technology Ventures, Inc., Alamogordo, CloudReplica, Houston, TX; CS either the membership or planned NM; John Mezzalingua Associates, LLC Communication & Systems, Inc., East activity of the group research project. (JMA), Liverpool, NY; Connected Hartford, CT; Cyient, Inc., Melbourne, Membership in this group research Devices LLC (Applied Data Decisions), FL; dataVediK LLC, Houston, TX; project remains open, and TOG intends Chapel Hill, NC; NetObjex Inc, Santa Digital Petroleum LLC; Moscow, to file additional written notifications Ana, CA; Mentor Graphics Corporation, RUSSIAN FEDERATION; Easthome disclosing all changes in membership. Wilsonville, OR; Techximius Corp, Beijing Consulting & Service Co., LTD, On April 21, 1997, TOG filed its Joppa, MD; Cohere Technologies, Inc., Beijing, PEOPLE’S REPUBLIC OF original notification pursuant to Section Santa Clara, CA; GenOne Technologies CHINA; Edgelox, Duluth, GA; Embassy 6(a) of the Act. The Department of LLC, Cambridge, MA; TITENN, Inc., of Things, San Diego, CA; GaN Justice published a notice in the Federal Oviedo, FL; Paul Christoforou dba Corporation, Huntsville, AL; Register pursuant to Section 6(b) of the Lociva, Haymarket, VA; and Aperio Geoprocesados, SA de CV, Act on June 13, 1997 (62 FR 32371). Global, LLC, Reston, VA have been Villahermosa, MEXICO; Hippo Software The last notification was filed with added as parties to this venture. Limited, Livingston, UNITED the Department on July 27, 2020. A Also, X–COM Systems LLC Reston, KINGDOM; i2k Connect Inc, Houston, notice was published in the Federal VA; Aspen Consulting Group, TX; INPEX Corporation, Tokyo, JAPAN; Register pursuant to Section 6(b) of the Manasquan, NJ; AVANTech Inc, Intertek, Spring, TX; Kansas Geological Act on August 28, 2020 (85 FR 53399). Columbia, SC; Institute for Building Survey, Lawrence, KS; Lyrn, Suzanne Morris, Technology and Safety (IBTS), Ashburn, Copenhagen, DENMARK; MIT Lincoln Chief, Premerger and Division Statistics, VA; Power Fingerprinting Inc., Vienna, Laboratory, Lexington, MA; Mr Doc Antitrust Division. VA; and Sentrana, Arlington, VA have SRL, Rome, ITALY; National Institute of [FR Doc. 2020–25722 Filed 11–20–20; 8:45 am] withdrawn from this venture. Standards and Technology, BILLING CODE P No other changes have been made in Gaithersburg, MD; New Wave DV, either the membership or planned Minneapolis, MN; NovaTech Process activity of the group research project. Solutions, LLC, Owings Mills, MD; OOO DEPARTMENT OF JUSTICE Membership in this group research Reksoft Co. Ltd., Moscow, RUSSIAN project remains open, and NSC intends FEDERATION; Pacific Star Antitrust Division to file additional written notifications Communications, Inc., Portland, OR; disclosing all changes in membership. Pariveda Solutions, Inc., Dallas, TX; Notice Pursuant to the National PJSC Gazprom Neft, St. Petersburg, Cooperative Research and Production On September 24, 2014, NSC filed its RUSSIAN FEDERATION; Questlabs, Act of 1993—National Spectrum original notification pursuant to Section Chandigarh, INDIA; Rogerson Kratos, Consortium 6(a) of the Act. The Department of Irvine, CA; Saab, Inc., East Syracuse, Justice published a notice in the Federal Notice is hereby given that, on NY; Tatsoft LLC, Arlington Heights, IL; Register pursuant to Section 6(b) of the Vanke Service Co., Ltd, Shenzhen, November 10, 2020, pursuant to Section Act on November 4, 2014 (72 FR 65424). PEOPLE’S REPUBLIC OF CHINA; and 6(a) of the National Cooperative The last notification was filed with WX Geo Services Sdn. Bhd., Kuala Research and Production Act of 1993, the Department on July 13, 2020. A Lumpur, MALAYSIA, have been added 15 U.S.C. 4301 et seq. (‘‘the Act’’), notice was published in the Federal as parties to this venture. National Spectrum Consortium (‘‘NSC’’) Register pursuant to Section 6(b) of the Also, AGESIC, Montevideo, has filed written notifications Act on July 31, 2020 (85 FR 46178). simultaneously with the Attorney URUGUAY; Autopro Grande Prairie, Suzanne Morris, CANADA; Beijing Pitaya Software General and the Federal Trade Commission disclosing changes in its Chief, Premerger and Division Statistics Engineering Technology Center; Beijing, Antitrust Division. PEOPLE’S REPUBLIC OF CHINA; membership. The notifications were [FR Doc. 2020–25718 Filed 11–20–20; 8:45 am] Chinese Culture University, Taipei, filed for the purpose of extending the TAIWAN; Electronic Warfare Act’s provisions limiting the recovery of BILLING CODE P Associates-Canada, Ltd., Ottawa, ON, antitrust plaintiffs to actual damages under specified circumstances. CANADA; GrammaTech, Inc., Ithaca, DEPARTMENT OF JUSTICE NY; Harmonic, Ilminster, UNITED Specifically, Qwest Government Services, Inc. dba CenturyLink QGS, KINGDOM; Helium Consulting, Pune, Antitrust Division INDIA; Impetus FZE, Dubai, UNITED Herndon, VA; Viavi Solutions, Inc., ARAB EMIRATES; InProgress sp. z.o.o., Germantown, MD; Sierra Nevada Notice Pursuant to The National Krakow, POLAND; Kluger Training, Corporation, Sparks, ND; Boonton Cooperative Research and Production Bucharest, ROMANIA; KnowNXT, Electronics, A Wireless Telecom Group Act of 1993—Telemanagement Forum L.L.C., Dubai, UNITED ARAB Company, Parsippany, NJ; QinetiQ, Inc., EMIRATES; LRDC Systems LLC, Lorton, VA; Rampart Communications, Notice is hereby given that, on Alexandria, VA; Momentum Inc., Hanover, MD; Red Hat Professional October 30, 2020, pursuant to Section Management Consulting, Camp Hill, PA; Consulting, Inc., Raleigh, NC; CTIA-The 6(a) of the National Cooperative UMBRiO B.V., Rijswijk, THE Wireless Association, Washington, DC; Research and Production Act of 1993, NETHERLANDS; Universidad PathFinder Digital, LLC, Sanford, FL; 15 U.S.C. 4301 et seq. (‘‘the Act’’), TM Iberoamericana, Mexico City, MEXICO; Aarna Networks, Inc., San Jose, CA; Forum, A New Jersey Non Profit University of South Florida, St. James River Design & MFG LLC DBA Corporation (‘‘The Forum’’) filed written Petersburg, FL; VTS, Inc., Folsom, CA; Avcom of Virginia North Chesterfield, notifications simultaneously with the and White Cloud Software Ltd., Bowen VA; M2 Technology, Inc., San Antonio, Attorney General and the Federal Trade Island, CANADA have withdrawn as TX; Mercury Systems, Inc. Andover, Commission disclosing changes in its parties to this venture. MA; Vision Engineering Solutions, Inc., membership. The notifications were In addition, Praxair, Inc. has changed Merritt Island, FL; Vitruvian Labs, LLC, filed for the purpose of extending the its name to Linde, Inc., Tanawanda, NY. Havre De Grace, MD; Emerging Act’s provisions limiting the recovery of

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antitrust plaintiffs to actual damages Fairfax, VA; Elastic Path Software Inc, DEPARTMENT OF JUSTICE under specified circumstances. Vancouver, CANADA; Embrix Inc., Specifically, the following entities Irving, TX; Fujian Newland Software Antitrust Division have become members of the Forum: Engineering Co., Ltd, Fuzhou, CHINA; Notice Pursuant to the National Communications Business Automation Ideas That Work, LLC, Shiloh, IL; IP Cooperative Research and Production Network, South Beach Tower, Total Software S.A, Cali, COLOMBIA; Act of 1993—Pxi Systems Alliance, Inc. SINGAPORE; Boom Broadband Limited, KayCon IT-Consulting, Koln, Liverpool, UNITED KINGDOM; GERMANY; K C Armour & Co, Croydon, Notice is hereby given that, on Evolving Systems, Englewood, CO; AUSTRALIA; Macellan, Montreal, November 2, 2020, pursuant to Section Statflo Inc., Toronto, CANADA; Celona CANADA; Mariner Partners, Saint John, 6(a) of the National Cooperative Technologies, Cupertino, CA; TelcoDR, CANADA; Millicom International Research and Production Act of 1993, Austin, TX; Sybica, Burlington, Cellular S.A., Luxembourg, 15 U.S.C. 4301 et seq. (‘‘the Act’’), PXI CANADA; EDX, Eugene, OR; Mavenir Systems Alliance, Inc. (‘‘PXI Systems’’) Systems, Richardson, TX; C3.ai, LUXEMBOURG; MIND C.T.I. LTD, Yoqneam Ilit, ISRAEL; Minima Global, has filed written notifications Redwood City, CA; Aria Systems Inc., simultaneously with the Attorney San Francisco, CA; Telsy Spa, Torino, London, UNITED KINGDOM; MyRepublic Pte Ltd, Singapore, General and the Federal Trade ITALY; Covalense Digital Solutions Pvt Commission disclosing changes in its Ltd, Karnataka, INDIA; Dawiyat, Riyadh, SINGAPORE; Netka System Company Limited, Bangkok, THAILAND; Office of membership. The notifications were SAUDI ARABIA; Datastream Digital Sdn filed for the purpose of extending the Emergency Communications, McLean, Bhd, Bandar Seri Begawan, BRUNEI; Act’s provisions limiting the recovery of VA; Pepperdine University, Malibu, CA; Public Telecommunication Corporation antitrust plaintiffs to actual damages Resolvetel Ltd, Henley-on-Thames, (PTC), Sanaa, YEMEN; Three Ireland, under specified circumstances. Dublin, IRELAND; UCS Global UNITED KINGDOM; Roads and Specifically, Meilhaus Electronic Technologies PVT LTD, Srinagar, Transport Authority, Dubai (UAE), GmbH, Alling, GERMANY; and INDIA; MVN University, Palwal Dubai, UNITED ARAB EMIRATES; Interuniversitair Micro-Electronica Haryana, INDIA; Innovile Technology Siminn, Reykjavı´k, ICELAND; Skytel, Centrum (IMEC), Leuven, BELGIUM, S.L., Barcelona, SPAIN; Thinkskink, Ulaanbaatar, MONGOLIA; SMATMASS have been added as parties to this Ciudad de Me´xico, MEXICO; Agile Shift Pty Ltd, Johannesburg, SOUTH AFRICA; venture. (Pty) Ltd, Durbanville, Cape Town, Tacira Technologies, Sa˜o Paulo, No other changes have been made in SOUTH AFRICA; Aarhus University— BRAZIL; TelcoVas Solutions and either the membership or planned Department of Business Development Services Limited, Sharjah, UNITED activity of the group research project. and Technology, Herning, DENMARK; ARAB EMIRATES; Telecta Pte. Ltd, Membership in this group research Beakwise Inc., Istanbul, TURKEY; Singapore, SINGAPORE; Thales project remains open, and PXI Systems Electron Bridge, Noida, INDIA; La Communications SA, Gennevilliers intends to file additional written Universidad Global de Honduras, Cedex, FRANCE; Tigo Tanzania, Dar es notifications disclosing all changes in Tegucigalpa, HONDURAS; Boston Salaam, TANZANIA; TransWare AG, membership. Harbor Consulting LLC, Boston, MA; Weibergraben 2b, Kusel, GERMANY; On November 22, 2000, PXI Systems Neptune Consulting, East London, Vlocity, San Francisco, CA; wi-mobile filed its original notification pursuant to SOUTH AFRICA; Universidad de las Research Group, University of Section 6(a) of the Act. The Department Ame´ricas Quito, Quito, ECUADOR; Augsburg, Augsburg, GERMANY; Zeetta of Justice published a notice in the Universitat der Bundeswehr, Neubiberg, Networks, Bristol, UNITED KINGDOM. Federal Register pursuant to Section GERMANY; Urban Economic, London, 6(b) of the Act on March 8, 2001 (66 FR No other changes have been made in UNITED KINGDOM; Hans Rudolf Stucki 13971). Sole Trader, Kehrsatz, SWITZERLAND; either the membership or planned The last notification was filed with Etisalat Egypt, New Cairo, EGYPT. activity of the group research project. the Department on June 1, 2020. A Also, the following members have Membership in this group research notice was published in the Federal changed their names: KCOM Group PLC project remains open and TM Forum Register pursuant to Section 6(b) of the to KCOM Group Limited, Hull, UNITED intends to file additional written Act on June 23, 2020 (85 FR 37690). KINGDOM; SSE Electricity Ltd to SSE notifications disclosing all changes in Electricity aka Ovo (S) Electricity Ltd, membership. Suzanne Morris, Reading, UNITED KINGDOM; Wavenet On October 21, 1988, TM Forum filed Chief, Premerger and Division Statistics, Antitrust Division. International (PVT) Limited to Global its original notification pursuant to [FR Doc. 2020–25720 Filed 11–20–20; 8:45 am] Wavenet Pte Ltd, Singapore, Section 6(a) of the Act. The Department SINGAPORE; Dynamic Design Ltd to of Justice published a notice in the BILLING CODE P VertiGIS GmbH, Wels, AUSTRIA; Alepo Federal Register pursuant to Section USA to Alepo Technologies Inc, Austin, 6(b) of the Act on December 8, 1988 (53 TX. DEPARTMENT OF JUSTICE In addition, the following parties have FR 49615). withdrawn as parties to this venture: The last notification was filed with Antitrust Division the Department on July 21, 2020. A Amborella, Paris Ile-de, FRANCE; Notice Pursuant to The National notice was published in the Federal Cloudstreet, Espoo, FINLAND; Cooperative Research and Production Corporacion Digitel, C.A., Caracas, Register pursuant to Section 6(b) of the Act of 1993—Naval Surface VENEZUELA; DataSpark PTE LTD, Act on July 31, 2020 (85 FR 46178). Technology & Innovation Consortium Singapore, SINGAPORE; Defence Science & Technology Agency, Suzanne Morris, Notice is hereby given that, on Singapore, SINGAPORE; Digalance, Chief, Premerger and Division Statistics, November 11, 2020, pursuant to Section Dubai, UNITED ARAB EMIRATES; Antitrust Division. 6(a) of the National Cooperative Diksha Technologies Pvt Ltd, [FR Doc. 2020–25723 Filed 11–20–20; 8:45 am] Research and Production Act of 1993, Bengaluru, INDIA; Edge Technologies, BILLING CODE 4410–11–P 15 U.S.C. 4301 et seq. (‘‘the Act’’), Naval

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Surface Technology & Innovation Francisco, CA; Fenix Group, Inc., Inc. (with Red Hat Professional Consortium (‘‘NSTIC’’) has filed written Chantilly, VA; Flex Force Enterprises, Consulting, Inc.), Raleigh, NC; ReLogic, notifications simultaneously with the Inc., Portland, OR; Friedman Research Huntsville, AL; Resource Management Attorney General and the Federal Trade Corporation, Austin, TX; G.D.O., Inc., Concepts, Inc. (RMC), Lexington Park, Commission disclosing changes in its Elk River, MN; GAR Systems, LLC., MD; RIX Industries, Benicia, CA; Rocal membership. The notifications were Lavallette, NJ; GATR Technologies, Corp. dba Rebling Plastics, Warrington, filed for the purpose of extending the Huntsville, AL; GenOne Technologies, PA; RWC, LLC, Annapolis, MD; Sancorp Act’s provisions limiting the recovery of LLC, Cambridge, MA; Gleason Research Consulting, LLC, Arlington, VA; antitrust plaintiffs to actual damages Associates Incorporated, Huntsville, AL; Scientific Systems Company, Inc., under specified circumstances. Global Ordnance, LLC, Sarasota, FL; Woburn, MA; Shield AI, Inc., San Diego, Specifically, 14bis Supply Tracking, Government Energy Solutions, Inc., CA; Sidus Solutions, LLC, San Diego, Burlington, MA; Abaco Systems, Huntsville, AL; Green Hills Software, CA; Siemens Energy, Inc., Orlando, FL; Huntsville, AL; ADA Technologies, Inc., LLC, Santa Barbara, CA; High Energy Silvus Technologies, Inc., Los Angeles, Littleton, CO; Advanced Technology Metals, Inc., Sequim, WA; Hill Park CA; Solutions Development and Research Corporation, Beltsville, Engineering, Inc., BELTSVILLE, MD; Corporation, La Plata, MD; Southern MD; Advanced Technology Systems Hyperion Technology Group, Inc., Research Institute, Birmingham, AL; Company, McLean, VA; Advanced Tupelo, MS; IBC Materials & Spark Insights, LLC, Tampa, FL; Spear Thermal Batteries Inc. (ATB), Technologies, Lebanon, IN; IDEMIA Power Systems, Inc., Grandview, MO; Westminster, MD; Aero Simulation, National Security Solutions, LLC, Synergistic, Inc., New Baltimore, MI; Inc., Tampa, FL; AimLock, Littleton, Alexandria, VA; InnoSense, LLC, Synthetik Applied Technologies, LLC., CO; Amazon Web Services, Seattle, WA; Torrance, CA; Insight International Pierre, SD; Tech-X Corporation, American Ordnance, LLC, Middletown, Technology, Huntsville, AL; Boulder, CO; Teledyne RISI, Inc., Tracy, IA; Analog Devices Federal, LLC, Intellisense, Inc., Torrance, CA; CA; TETAC Incorporated, Monterey, Chelmsford, MA; Analytical Graphics, IOMAXIS, LLC, Lorton, VA; IT Mentor CA; The DiSTI Corporation, Orlando, FL; The NAVSYS Corporation, Colorado Inc. (AGI), Exton, PA; Applied Group, Inc., San Diego, CA; Johns Springs, CO; ThinKom Solutions, Inc., Management Corporation, Oxon Hill, Hopkins Applied Physics Laboratory, Hawthorne, CA; Thunder Bay MD; ARMSTEL, Inc., Plano, TX; LLC, Laurel, MD; Jupiter, LLC, Silver Consulting, LLC, Summerville, SC; ARTEMIS Inc., Hauppauge, NY; Austal Spring, MD; Kaman Aerospace Trident Technical Solutions dba Ardent USA, LLC, Mobile, AL; AZT Corporation dba Kaman Precision Eagle Solutions, Tampa, FL; UberEther, Technology, Naples, FL; BAE Systems Products Division, Middletown, CT; Inc., Sterling, VA; Ultra Electronics Information and Electronic Systems Kern Technology Group, LLC, Virginia Advanced Tactical Systems, Inc., Integration, Inc. (Nashua, NH), Nashua, Beach, VA; KIHOMAC, Inc., Reston, VA; Austin, TX; Ultra Electronics Herley, NH; Ball Aerospace, Broomfield, CO; Kitty Hawk Technologies, LLC, Lancaster, PA; Universal Technical Honesdale, PA; Kowalski Heat Treating, Bally Ribbon Mills, Bally, PA; Black Fur Resource Services, Inc., Cherry Hill, NJ; Industries, LLC, Tuscon, AZ; Black Cleveland, OH; L3Harris Technologies/ Vector ElectroMagnetics, LLC, Xenia, Knight Technology, Inc., Power Paragon, Inc., Anaheim, CA; OH; VersaTOL, LLC, Mcdonough, GA; Fredericksburg, VA; Block MEMS, LLC, Lockheed Martin Advanced Technology VetAble Technologies, LLC, Brandon, Southborough, MA; Bowhead Laboratories, Cherry, NJ; Mainstream FL; Viasat, Inc., Carlsbad, CA; Virginia Manufacturing Technologies, LLC, Engineering, Rockledge, FL; Mandus Tech Applied Research Corporation, Plano, TX; Calnetix Technologies, Group, LLC, Rock Island, IL; Materials Arlington, VA; Virtualitics, Inc., Cerritos, CA; Capco, LLC, Grand Research and Design, Inc., Wayne, PA; Pasadena, CA; VMware, Inc., Palo Alto, Junction, CO; Carahsoft Technology MEI Micro, Inc., Addison, NY; Merrill CA; Williams International Co., L.L.C., Corporation, Reston, VA; Cervello Technologies Group, Inc., Saginaw, MI; Pontiac, MI; and Wind River, Alameda, Technologies, LLC, Clearwater, FL; CGI Micro Focus Government Solutions, CA, have been added as parties to this Federal Inc., Fairfax, VA; Charles River Vienna, VA; Miltope Corporation, Hope venture and the members of the Analytics, Cambridge, MA; Cobham Hull, AL; Mobilestack Inc, Dublin, CA; National Armaments Consortium (NAC), Advanced Electronic Solutions, Inc., Nahsai LLC, Houston, TX; NanoflowX, whose last filing can be found at (85 FR Lansdale, PA; Cobham Missions Commerce, CA; NCI Information 68916). Systems Orchard Park, Orchard Park, Systems, Inc., Reston, VA; NextGen Also, Bruker Detection Corporation, NY; Coherent Technical Services, Inc., Federal Systems, LLC, Morgantown, Billerica, MA; Grey Matters Defense Lexington Park, MD; CS Squared LLC, WV; Nobles Worldwide, St Croix Falls, Solutions, LLC, Castle Rock, CO; JOHN Glendale, AZ; D&K Engineering, San WI; Norseman Defense Services, Inc., H NORTHROP & ASSOCIATES INC Diego, CA; Dark Wolf Solutions, LLC, Elkridge, MD; nou Systems, Inc., (JHNA), Clifton, VA; RPI Group, Inc., Herndon, VA; DataSoft Corp., Tempe, Huntsville, AL; NTA, Inc., Huntsville, Fredericksburg, VA; and X-Feds, San AZ; Del Sigma Technologies, Rockford, AL; Nuvotronics, Inc., Durham, NC; Diego, CA have withdrawn as parties to MI; Dell Federal Systems, L.P., Round Onodi Tool & Engineering, Melvindale, this venture. Rock, TX; Deloitte Consulting, LLP, MI; Orbital Research, Inc., Cleveland, No other changes have been made in Arlington, VA; Design Automation OH; Orolia Government Systems, Inc., either the membership or planned Associates, Inc., Windsor Locks, CT; Rochester, NY; Oteemo, Inc., Chantilly, activity of the group research project. Dragonfly Pictures, Inc., Essington, PA; VA; Palo Alto Networks Public Sector, Membership in this group research DRS Sustainment Systems, Inc., LLC, Reston, VA; Park Aerospace Corp., project remains open, and NSTIC Bridgeton, MO; Echo Ridge, LLC, Westbury, NY; Perspecta Labs, Basking intends to file additional written Sterling, VA; ECS Federal, LLC, Fairfax, Ridge, NJ; Prasad, Sarita (IMS–PRO), notifications disclosing all changes in VA; EndoSec, LLC, Washington, DC; Albuquerque, NM; Precision Custom membership. Enduralock, LLC, Lenexa, KS; Components, LLC, York, PA; Progeny On October 8, 2019, NSTIC filed its Engineering Research and Consulting, Systems Corporation, Manassas, VA; R2 original notification pursuant to Section Inc., Huntsville, AL; EPIRUS INC., Space, Inc., Fairfax, VA; Rebellion 6(a) of the Act. The Department of Hawthorne, CA; Expanse, Inc., San Defense, Inc., Washington, DC; Red Hat, Justice published a notice in the Federal

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Register pursuant to Section 6(b) of the Controlled substance Drug Schedule Avenue NW, Washington, DC 20210. Act on November 12, 2019 (84 FR code Please note: While OSHA’s Docket 61071). Remifentanil ...... 9739 II Office is continuing to accept and The last notification was filed with Sufentanil ...... 9740 II process submissions by regular mail, the Department on July 7, 2020. A due to the COVID–19 pandemic, the notice was published in the Federal The company plans to support its Docket Office is closed to the public and Register pursuant to Section 6(b) of the other manufacturing facilities located in not able to received submissions to the Act on July 31, 2020 (85 FR 46179). West Deptford, New Jersey and docket by hand, express mail, Conshohocken, Pennsylvania with messenger, and courier service. Suzanne Morris, manufacturing and analytical testing. Instructions: All submissions must Chief, Premerger and Division Statistics, In reference to drug code 9333 as include the agency name and the OSHA Antitrust Division. bulk, the company plans to manufacture docket number (OSHA–2011–0028) for [FR Doc. 2020–25745 Filed 11–20–20; 8:45 am] a Thebaine derivative for distribution to the Information Collection Request BILLING CODE 4410–11–P its customers. No other activity for these (ICR). All comments, including any drug codes is authorized for this personal information you provide, such DEPARTMENT OF JUSTICE registration. as social security numbers and date of birth, are placed in the public docket William T. McDermott, Drug Enforcement Administration without change, and may be made Assistant Administrator. available online at http:// [Docket No. DEA–745] [FR Doc. 2020–25764 Filed 11–20–20; 8:45 am] www.regulations.gov. For further BILLING CODE P information on submitting comments Bulk Manufacturer of Controlled see the ‘‘Public Participation’’ heading Substances Application: Johnson in the section of this notice titled Matthey Pharmaceutical Materials Inc. OCCUPATIONAL SAFETY AND SUPPLEMENTARY INFORMATION. AGENCY: Drug Enforcement HEALTH ADMINISTRATION Docket: To read or download comments or other material in the Administration, Justice. [Docket No. OSHA–2011–0028] ACTION: Notice of application. docket, go to http://www.regulations.gov Grain Handling Facilities; Extension of or the OSHA Docket Office at the above SUMMARY: Johnson Matthey the Office of Management and address. All documents in the docket Pharmaceutical Materials Inc. has Budget’s (OMB) Approval of (including this Federal Register notice) applied to be registered as a bulk Information Collection (Paperwork) are listed in the http:// manufacturer of basic class(es) of Requirements www.regulations.gov index; however, controlled substance(s). Refer to some information (e.g., copyrighted SUPPLEMENTAL INFORMATION listed below AGENCY: Occupational Safety and Health material) is not publicly available to for further drug information. Administration (OSHA), Labor. read or download through the website. DATES: Registered bulk manufacturers of ACTION: Request for public comments. All submissions, including copyrighted the affected basic class(es), and material, are available for inspection applicants therefore, may file written SUMMARY: OSHA solicits public and copying at the OSHA Docket Office. comments on or objections to the comments concerning the proposal to You may also contact Theda Kenney at issuance of the proposed registration on extend the Office of Management and the below phone number to obtain a or before January 22, 2021. Such Budget’s (OMB) approval of the copy of the ICR. persons may also file a written request information collection requirements FOR FURTHER INFORMATION CONTACT: for a hearing on the application on or contained in the standard on Grain Seleda Perryman or Theda Kenney, before January 22, 2021. Handling Facilities. Directorate of Standards and Guidance, ADDRESSES: Written comments should DATES: Comments must be submitted OSHA, U.S. Department of Labor; be sent to: Drug Enforcement (postmarked, sent, or received) by telephone (202) 693–2222. Administration, Attention: DEA Federal January 22, 2021. SUPPLEMENTARY INFORMATION: Register Representative/DPW, 8701 ADDRESSES: Morrissette Drive, Springfield, Virginia Electronically: You may submit I. Background 22152. comments and attachments The Department of Labor, as part of SUPPLEMENTARY INFORMATION: In electronically at http:// the continuing effort to reduce accordance with 21 CFR 1301.33(a), this www.regulations,gov, which is the paperwork and respondent (i.e., is notice that on November 2, 2020, Federal eRulemaking Portal. Follow the employer) burden, conducts a Johnson Matthey Pharmaceutical instructions online for submitting preclearance consultation program to Materials Inc., 25 Patton Road, Devens, comments. provide the public with an opportunity Massachusetts 01434, applied to be Facsimile: If your comments, to comment on proposed and registered as a bulk manufacturer of the including attachments, are not longer continuing information collection following basic class(es) of controlled than 10 pages you may fax them to the requirements in accordance with the substance(s): OSHA Docket Office at (202) 693–1648. Paperwork Reduction Act of 1995 (PRA) Mail, hand delivery, express mail, (44 U.S.C. 3506(c)(2)(A)). This program Controlled substance Drug Schedule messenger, or courier service: When ensures that information is in the code using this method, you must submit a desired format, reporting burden (time Amphetamine ...... 1100 II copy of your comments and attachments and costs) is minimal, collection Methylphenidate ...... 1724 II to the OSHA Docket Office, OSHA instruments are clearly understood, and Nabilone ...... 7379 II Docket No. OSHA–2011–0028, OSHA’s estimate of the information Hydrocodone ...... 9193 II Levorphanol ...... 9220 II Occupational Safety and Health collection burden is accurate. The Thebaine ...... 9333 II Administration, U.S. Department of Occupational Safety and Health Act of Alfentanil ...... 9737 II Labor, Room N–3653, 200 Constitution 1970 (OSH Act) (29 U.S.C. 651 et seq.)

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authorizes information collection by explain to the contractor the applicable Estimated Cost (Operational and employers as necessary or appropriate provisions of the emergency action plan. Maintenance): $0. for enforcement of the OSH Act or for Paragraph (j)(1) requires the employer IV. Public Participation—Submission of developing information regarding the to develop and implement a written Comments on This Notice and Internet housekeeping program that establishes causes and prevention of occupational Access to Comments and Submissions injuries, illnesses, and accidents (29 the frequency and method(s) U.S.C. 657). The OSH Act also requires determined to best reduce You may submit comments in that OSHA obtain such information accumulations of fugitive grain dust on response to this document as follows: with minimum burden upon employers, ledges, floors, equipment, and other (1) Electronically at http:// especially those operating small exposed surfaces. www.regulations.gov, which is the businesses, and to reduce to the Under paragraph (m)(1), the employer Federal eRulemaking Portal; (2) by maximum extent feasible unnecessary is required to implement preventive facsimile (fax); or (3) by hard copy. All duplication of effort in obtaining maintenance procedures consisting of comments, attachments, and other information (29 U.S.C. 657). regularly scheduled inspections of at material must identify the agency name The Grain Handling Facilities least the mechanical and safety control and the OSHA docket number for the Standard specifies a number of equipment associated with dryers, grain ICR (Docket No. OSHA–2011–0028). paperwork requirements. The following stream processing equipment, dust You may supplement electronic sections describe who uses the collection equipment including filter submissions by uploading document information collected under each collectors, and bucket elevators. files electronically. If you wish to mail requirement as well as how they use it. Paragraph (m)(3) requires a certification additional materials in reference to an The purpose of the requirements is to be maintained of each inspection. electronic or facsimile submission, you reduce employees’ risk of death or Paragraph (m)(4) requires the employer must submit them to the OSHA Docket serious injury while working in grain to implement procedures for the use of Office (see the section of this notice handling facilities. tags and locks which will prevent the titled ADDRESSES). The additional Paragraph (d) of the Standard requires inadvertent application of energy or materials must clearly identify your the employer to develop and implement motion to equipment being repaired, electronic comments by your name, an emergency action plan so that serviced, or adjusted. date, and the docket number so the agency can attach them to your employees will be aware of the II. Special Issues for Comment appropriate actions to take in the event comments. Because of security procedures, the of an emergency. OSHA has a particular interest in use of regular mail may cause a Paragraph (e)(1) requires that comments on the following issues: • significant delay in the receipt of employers provide training to Whether the proposed information comments. For information about employees at least annually and when collection requirements are necessary security procedures concerning the changes in job assignment will expose for the proper performance of the delivery of materials by hand, express them to new hazards. Paragraph (f)(1) agency’s functions, including whether delivery, messenger, or courier service, requires the employer to issue a permit the information is useful; • please contact the OSHA Docket Office for all hot work. Under paragraph (f)(2) The accuracy of OSHA’s estimate of at (202) 693–2350, (TTY (877) 889– the permit shall certify that the the burden (time and costs) of the 5627). requirements contained in 1910.272(a) information collection requirements, including the validity of the Comments and submissions are have been implemented prior to posted without change at http:// beginning the hot work operations and methodology and assumptions used; • The quality, utility, and clarity of www.regulations.gov. Therefore, OSHA shall be kept on file until completion of the information collected; and cautions commenters about submitting the hot work operation. • Ways to minimize the burden on personal information such as social Paragraph (g)(1)(i) requires the employers who must comply; for security numbers and date of birth. employer to issue a permit for entering example, by using automated or other Although all submissions are listed in bins, silos, or tanks unless the employer technological information collection the http://www.regulations.gov index, or the employer’s representative is and transmission techniques. some information (e.g., copyrighted present during the entire operation. The material) is not publicly available to permit shall certify that the precautions III. Proposed Actions read or download through this website. contained in paragraph (g) have been The agency is requesting an increase All submissions, including implemented prior to employees in the current burden hours from 57,428 copyrighted material, are available for entering bins, silos, or tanks and shall to 57,837 (an increase of 409 hours). inspection and copying at the OSHA be kept on file until completion of the This increase is due to the increase of Docket Office. Information on using the entry operations. grain handling facilities from 14,782 to http://www.regulations.gov website to Paragraph (g)(1)(ii) requires that the 14,940. submit comments and access the docket employer de-energize, disconnect, Type of Review: Extension of is available at the website’s ‘‘User Tips’’ lockout and tag, block off, or otherwise currently approved collection. link. Contact the OSHA Docket Office prevent operation of all mechanical, Title: Grain Handling Facilities for information about materials not electrical, hydraulic, and pneumatic Standard (29 CFR 1910.272). available from the website, and for equipment which presents a danger to OMB Control Number 1218–0206. assistance in using the internet to locate employees inside grain storage Affected Public: Business or other for- docket submissions. structures. profits. Paragraphs (i)(1) and (i)(2) require the Number of Respondents: 89,640. V. Authority and Signature employer to inform contractors Responses: 105,635. Loren Sweatt, Principal Deputy performing work at the grain handling Frequency: On occasion. Assistant Secretary of Labor facility of known potential fire and Average Time per Response: Various. Occupational Safety and Health, explosion hazards related to the Estimated Total Burden Hours: directed the preparation of this notice. contractor’s work and work area, and to 57,837. The authority for this notice is the

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Paperwork Reduction Act of 1995 (44 effect, notably by passage of the Fair the methodology and assumptions used; U.S.C. 3506) and Secretary of Labor’s Credit Billing Act of 1974, the (c) ways to enhance the quality, utility, Order No. 1–2012 (77 FR 3912). Consumer Leasing Act of 1976, the and clarity of the information to be Signed at Washington, DC, on November Truth in Lending Simplification and collected; and (d) ways to minimize the 17, 2020. Reform Act of 1980, the Fair Credit and burden of the collection of the Loren Sweatt, Charge Card Disclosure Act of 1988, and information on the respondents, the Home Equity Loan Consumer including the use of automated Principal Deputy Assistant Secretary of Labor Occupational Safety and Health. Protection Act of 1988. Historically, collection techniques or other forms of TILA was implemented by the Board of information technology. [FR Doc. 2020–25716 Filed 11–20–20; 8:45 am] Governors of the Federal Reserve By Melane Conyers-Ausbrooks, BILLING CODE 4510–26–P System’s (FRB) Regulation Z, 12 CFR Secretary of the Board, the National part 226. The Dodd-Frank Wall Street Credit Union Administration, on Reform and Consumer Protection Act November 18, 2020. NATIONAL CREDIT UNION transferred FRB’s rulemaking authority ADMINISTRATION Dated: November 18, 2020. for TILA to the Consumer Financial Dawn D. Wolfgang, Protection Bureau (CFPB). Agency Information Collection Regulation Z contains several NCUA PRA Clearance Officer. Activities: Proposed Collection; provisions that impose information [FR Doc. 2020–25847 Filed 11–20–20; 8:45 am] Comment Request; Truth in Lending collection requirements: The BILLING CODE 7535–01–P Disclosure and Recordkeeping information collection requirements for Requirements open-end credit products; the AGENCY: National Credit Union information collection requirements for NUCLEAR REGULATORY Administration (NCUA). closed-end credit; the information COMMISSION ACTION: Notice and request for comment. collection requirements that apply to [NRC–2020–0001] both open- and closed-end mortgage SUMMARY: The National Credit Union credit; the information collection Sunshine Act Meetings Administration (NCUA), as part of a requirements for specific residential continuing effort to reduce paperwork mortgage types-namely, reverse TIME AND DATE: Weeks of November 23, and respondent burden, invites the mortgages and high cost mortgages with 30, December 7, 14, 21, 28, 2020. general public and other Federal rates and fees above specified PLACE: Commissioners’ Conference agencies to comment on the following thresholds; the information collection Room, 11555 Rockville Pike, Rockville, extension of a currently approved requirements for private education Maryland. collection, as required by the Paperwork loans; and information collection STATUS: Public. Reduction Act of 1995. requirements related to Regulation Z’s Week of November 23, 2020 DATES: Written comments should be advertising and record retention rules. received on or before January 22, 2021 The collection of information There are no meetings scheduled for to be assured consideration. pursuant to Part 1026 is triggered by the week of November 23, 2020. ADDRESSES: Interested persons are specific events and disclosures and Week of November 30, 2020—Tentative invited to submit written comments on must be provided to consumers within Friday, December 4, 2020 the information collection to Dawn the time periods established under the Wolfgang, National Credit Union regulation. To ease the compliance cost 10:00 a.m. Meeting with Advisory Administration, 1775 Duke Street, Suite (particularly for small credit unions), Committee on Reactor Safeguards 6032, Alexandria, Virginia 22314; Fax model forms and clauses are appended (Public Meeting) No. 703–548–2279; or email at to the regulation. (Contact: Larry Burkhart: 301–287– [email protected]. Given the Affected Public: Private Sector: Not- 3775) limited in-house staff because of the for-profit institutions. Additional Information: Due to Estimated Number of Respondents: COVID–19 pandemic, email comments COVID–19, there will be no physical 5,150. are preferred. public attendance. The public is invited Estimated Frequency of Response: FOR FURTHER INFORMATION CONTACT: to attend the Commission’s meeting live Upon occurrence of triggering action. by webcast at the Web address—https:// Address requests for additional Estimated Burden Hours per www.nrc.gov/. information to Dawn Wolfgang at the Response: 0.064. address above or telephone 703–548– Estimated Total Annual Burden Week of December 7, 2020—Tentative 2279. Hours: 2,906,986. There are no meetings scheduled for Request for Comments: Comments SUPPLEMENTARY INFORMATION: the week of December 7, 2020. OMB Number: 3133–0102. submitted in response to this notice will Title: Truth in Lending (TILA), be summarized and included in the Week of December 14, 2020—Tentative Regulation Z. request for Office of Management and There are no meetings scheduled for Type of Review: Extension of a Budget approval. All comments will the week of December 14, 2020. currently approved collection. become a matter of public record. The Abstract: The Truth in Lending Act public is invited to submit comments Week of December 21, 2020—Tentative (TILA) was enacted to foster comparison concerning: (a) Whether the collection There are no meetings scheduled for credit shopping and informed credit of information is necessary for the the week of December 21, 2020. decision making by requiring accurate proper execution of the function of the disclosure of the costs and terms of agency, including whether the Week of December 28, 2020—Tentative credit to consumers and to protect information will have practical utility; There are no meetings scheduled for consumers against inaccurate and unfair (b) the accuracy of the agency’s estimate the week of December 28, 2020. credit billing practices. TILA has been of the burden of the collection of CONTACT PERSON FOR MORE INFORMATION: revised numerous times since it took information, including the validity of For more information or to verify the

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status of meetings, contact Denise (EST) and is scheduled to adjourn at Board reports its findings, conclusions, McGovern at 301–415–0681 or via email 5:00 p.m. EST on both days. Speakers and recommendations to Congress and at [email protected]. The representing the DOE Office of Nuclear the Secretary of Energy. All Board schedule for Commission meetings is Energy and the national laboratories reports, correspondence, congressional subject to change on short notice. conducting the work for DOE will report testimony, and meeting transcripts and The NRC Commission Meeting on DOE’s non-site-specific geologic related materials are posted on the Schedule can be found on the internet disposal R&D program. Speakers will Board’s website. at: https://www.nrc.gov/public-involve/ describe DOE’s program, including its For information on the meeting public-meetings/schedule.html. purpose, scope, goals, technical agenda, contact Bret Leslie at leslie@ The NRC provides reasonable approach, and prioritization of nwtrb.gov or by phone 703–235–9132; accommodation to individuals with activities. Three presentations will or Jo Jo Lee at [email protected] or by disabilities where appropriate. If you address the reference disposal concepts phone 703–235–4485. For information need a reasonable accommodation to and key considerations for a repository on logistics, or to request copies of the participate in these public meetings or sited in either crystalline, salt, and meeting agenda or transcript, contact need this meeting notice or the argillite rock. Two speakers from abroad Davonya Barnes at [email protected] or transcript or other information from the will describe geologic disposal research by phone 703–235–9141. All three may public meetings in another format (e.g., strategies in Europe. Next, speakers be reached by mail at 2300 Clarendon braille, large print), please notify Anne from the national laboratories will Boulevard, Suite 1300, Arlington, VA Silk, NRC Disability Program Specialist, present DOE’s R&D activities, and their 22201–3367; or by fax at 703–235–4495. at 301–287–0745, by videophone at prioritization, in other program areas 240–428–3217, or by email at that address multiple disposal concepts. Dated: November 17, 2020. [email protected]. Determinations on These speakers will address the disposal Nigel Mote, requests for reasonable accommodation of dual-purpose canisters, geologic Executive Director, U.S. Nuclear Waste will be made on a case-by-case basis. disposal safety assessment, engineered Technical Review Board. Members of the public may request to barrier systems, and will describe a [FR Doc. 2020–25724 Filed 11–20–20; 8:45 am] receive this information electronically. disposal concept and key considerations BILLING CODE 6820–AM–P If you would like to be added to the for an unsaturated alluvium reference distribution, please contact the Nuclear case. The last presentation will address Regulatory Commission, Office of the prioritization of international activities Secretary, Washington, DC 20555 (301– and DOE’s Disposal Research 5-year POSTAL REGULATORY COMMISSION 415–1969), or by email at Tyesha.Bush@ Plan. A detailed meeting agenda will be nrc.gov or [email protected]. available on the Board’s website [Docket No. CP2021–28; Order No. 5754] The NRC is holding the meetings approximately one week before the under the authority of the Government meeting. Competitive Price Adjustment in the Sunshine Act, 5 U.S.C. 552b. The meeting will be open to the AGENCY: Dated: November 18, 2020. public, and opportunities for public Postal Regulatory Commission. For the Nuclear Regulatory Commission. comment will be provided. Details on ACTION: Notice. Denise L. McGovern, how to comment publicly during the SUMMARY: The Commission is Policy Coordinator, Office of the Secretary. meeting will be provided on the Board’s website along with the details for recognizing a recently filed Postal [FR Doc. 2020–25883 Filed 11–19–20; 11:15 am] viewing the meeting. A limit may be set Service document with the Commission BILLING CODE 7590–01–P on the time allowed for the presentation concerning changes in rates of general of individual remarks. However, written applicability for competitive comments of any length may be international products. The changes are NUCLEAR WASTE TECHNICAL submitted to the Board staff by mail or scheduled to take effect January 24, REVIEW BOARD electronic mail. All comments received 2021. This notice informs the public of the filing, invites public comment, and Board Meeting in writing will be included in the meeting record, which will be posted on takes other administrative steps. December 2–3, 2020—The U.S. the Board’s website after the meeting. DATES: Comments are due: December 2, Nuclear Waste Technical Review Board An archived recording of the meeting 2020. will hold an online virtual public will be available on the Board’s website ADDRESSES: Submit comments meeting to review information on the following the meeting. The transcript of electronically via the Commission’s U.S. Department of Energy’s non-site- the meeting will be available on the Filing Online system at http:// specific geologic disposal research and Board’s website by February 3, 2021. www.prc.gov. Those who cannot submit The Board was established in the development program. comments electronically should contact Pursuant to its authority under Nuclear Waste Policy Amendments Act the person identified in the FOR FURTHER section 5051 of Public Law 100–203, of 1987 as an independent federal INFORMATION CONTACT section by Nuclear Waste Policy Amendments Act agency in the Executive Branch to telephone for advice on filing (NWPAA) of 1987, the U.S. Nuclear evaluate the technical and scientific alternatives. Waste Technical Review Board will validity of DOE activities related to the hold an online virtual public meeting on management and disposal of spent FOR FURTHER INFORMATION CONTACT: Wednesday, December 2, 2020, and nuclear fuel and high-level radioactive David A. Trissell, General Counsel, at Thursday, December 3, 2020, to review waste, and to provide objective expert 202–789–6820. information on U.S. Department of advice to Congress and the Secretary of SUPPLEMENTARY INFORMATION: Energy (DOE) non-site-specific geologic Energy on these issues. Board members disposal research and development are experts in their fields and are Table of Contents (R&D) program. appointed to the Board by the President I. Introduction and Overview The meeting will begin on both days from a list of candidates submitted by II. Initial Administrative Actions at 12:00 p.m. Eastern Standard Time the National Academy of Sciences. The III. Ordering Paragraphs

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I. Introduction and Overview analysis of the competitive products’ • A partially redacted table showing On November 16, 2020, the Postal price changes intended to demonstrate FY 2021 projected volumes, revenues, Service filed notice with the that the changes comply with 39 U.S.C. attributable costs, contribution, and cost Commission concerning changes in 3633 and 39 CFR part 3035. Governors’ coverage for each product, assuming a rates of general applicability for Decision No. 20–5 at 1. The attachment hypothetical implementation of the new competitive products.1 The Postal to the Governors’ Decision sets forth the prices on October 1, 2020. Service represents that, as required by price changes and includes draft Mail The Notice also includes an 39 CFR 3035.102(b), the Notice includes Classification Schedule language for application for non-public treatment of an explanation and justification for the competitive products of general the attributable costs, contribution, and changes, the effective date, and a applicability. cost coverage data in the unredacted schedule of the changed rates. See The Governors’ Decision includes two version of the annex to the Governors’ Notice at 1. The changes are scheduled additional attachments: Decision, as well as the supporting to take effect on January 24, 2021. Id. • A partially redacted table showing materials for the data. Notice at 1–2. Attached to the Notice is Governors’ FY 2021 projected volumes, revenues, Planned price adjustments. The Decision No. 20–5, which states the new attributable costs, contribution, and cost Governors’ Decision includes an prices are in accordance with 39 U.S.C. coverage for each product, assuming overview of the Postal Service’s planned 3632 and 3633 and 39 CFR 3035.102.2 implementation of the new prices on price changes, which is summarized in The Governors’ Decision provides an January 24, 2021. the table below.

TABLE I–1 PROPOSED PRICE CHANGES

Average price Product name increase (percent)

Domestic Competitive Products

Priority Mail Express ...... 1.2 Retail ...... 1.0 Commercial Base ...... 2.5 Commercial Plus ...... 2.5 Priority Mail ...... 3.5 Retail ...... 3.0 Commercial Base ...... 3.6 Commercial Plus ...... 4.5 Parcel Select ...... 8.9 Destination Delivery Unit ...... 4.9 Destination Sectional Center Facility ...... 10.7 Destination Network Distribution Center ...... 9.7 Lightweight ...... 20.0 Parcel Return Service ...... 4.9 Return Sectional Center Facility ...... 4.9 Return Delivery Unit ...... 4.9 First-Class Package Service ...... 6.2 Retail ...... 4.8 Commercial ...... 6.5 Retail Ground ...... 3.0

Domestic Extra Services

Premium Forwarding Service Enrollment Fee ...... 3.9–4.0 Adult Signature Service ...... Basic ...... 3.8 Person-Specific ...... 3.6 Address Enhancement Services ...... 3 3.7–100.0 Competitive Post Office Box ...... 23.3 Package Intercept Service ...... 4.1 Source: See Governors’ Decision No. 20–5 at 2–4 (showing percentage increases for products other than Adult Signature Service and Ad- dress Enhancement Services and new prices for Adult Signature Service and Address Enhancement Services); Mail Classification Schedule sec- tion 2645.1.2 (showing existing prices for Adult Signature Service); Mail Classification Schedule section 2605.2 (showing existing prices for Ad- dress Enhancement Services).

1 USPS Notice of Changes in Rates of General 2 Notice, Decision of the Governors of the United 3 The upper end of this range corresponds to the Applicability for Competitive Products, November States Postal Service on Changes in Rates of General proposed change in prices for certain Developer’s 16, 2020 (Notice). Pursuant to 39 U.S.C. 3632(b)(2), Applicability for Competitive Products (Governors’ Kits. A breakdown of the proposed prices for the Postal Service is obligated to publish the Decision No. 20–5), at 1 (Governors’ Decision No. Address Enhancement Services by rate cell is Governors’ Decision and record of proceedings in 20–5). shown in the Notice, Attachment to Governor’s the Federal Register at least 30 days before the effective date of the new rates. Decision 20–5, § 2605.

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II. Initial Administrative Actions ‘‘Act’’),1 and Rule 19b–4 thereunder,2 appointed classes pursuant to Rule The Commission establishes Docket notice is hereby given that on November 5.52(g) and when determining whether No. CP2021–28 to consider the Postal 3, 2020, Cboe Exchange, Inc. (the a Market-Maker exceeds the electronic Service’s Notice. Interested persons may ‘‘Exchange’’ or ‘‘Cboe Options’’) filed volume thresholds in its appointed express views and offer comments on with the Securities and Exchange classes pursuant to 5.52(d)(1) and (d)(2).5 whether the planned changes are Commission (the ‘‘Commission’’) the The Exchange also proposes to proposed rule change as described in make clarifying, nonsubstantive updates consistent with 39 U.S.C. 3632, 3633, Items I, II, and III below, which Items to Interpretation and Policy .01 to Rule and 3642, 39 CFR part 3035, and 39 CFR have been prepared by the Exchange. 5.33. 3040 subparts B and E. Comments are The Exchange filed the proposal Rule 5.33 governs trading of complex due no later than December 2, 2020. For pursuant to Section 19(b)(3)(A)(iii) of orders on the Exchange and, currently, specific details of the planned price the Act 3 and Rule 19b–4(f)(6) Interpretation and Policy .01 to Rule changes, interested persons are thereunder.4 The Commission is 5.33 specifically provides that Market- encouraged to review the Notice, which publishing this notice to solicit Makers are not required to quote on the is available on the Commission’s comments on the proposed rule change Complex Order Book (‘‘COB’’). Complex website at www.prc.gov. from interested persons. strategies are not subject to any quoting Pursuant to 39 U.S.C. 505, requirements that are applicable to I. Self-Regulatory Organization’s Christopher C. Mohr is appointed to Market-Makers in the simple market for Statement of the Terms of Substance of serve as Public Representative to individual options series or classes. the Proposed represent the interests of the general Interpretation and Policy .01 to Rule public in this docket. Cboe Exchange, Inc. (the ‘‘Exchange’’ 5.33 also states that volume executed in III. Ordering Paragraphs or ‘‘Cboe’’) proposes to amend its complex strategies is not taken into Interpretations and Policies to Rule 5.33 consideration when determining It is ordered: in connection with Market-Makers’ whether Market Makers are meeting 1. The Commission establishes Docket complex orders, quoting obligations and quoting obligations applicable to Market No. CP2021–28 to provide interested volume. The text of the proposed rule Makers in the simple market for persons an opportunity to express views change is provided in Exhibit 5. individual options. The proposed rule and offer comments on whether the The text of the proposed rule change change updates Interpretation and planned changes are consistent with 39 is also available on the Exchange’s Policy .01 to Rule 5.33 as it U.S.C. 3632, 3633, and 3642, 39 CFR website (http://www.cboe.com/ inadvertently refers to volume executed part 3035, and 39 CFR 3040 subparts B AboutCBOE/ rather than orders, as ‘‘quoting’’ and E. CBOELegalRegulatoryHome.aspx), at obligations relate to the submission of 2. Comments are due no later than the Exchange’s Office of the Secretary, quotes and orders rather than executed December 2, 2020. and at the Commission’s Public volume. More specifically, pursuant to 3. Pursuant to 39 U.S.C. 505, the Reference Room. Rule 5.52, a Market-Maker’s bids and Commission appoints Christopher C. offers entered in the simple market are Mohr to serve as an officer of the II. Self-Regulatory Organization’s considered in determining whether a Commission (Public Representative) to Statement of the Purpose of, and Market-Maker satisfies its quoting represent the interests of the general Statutory Basis for, the Proposed Rule obligations, therefore, the proposed rule public in this docket. Change change amends Interpretation and 4. The Secretary shall arrange for In its filing with the Commission, the Policy .01 to Rule 5.33 to more publication of this Order in the Federal Exchange included statements appropriately reflect this. The proposed Register. concerning the purpose of and basis for change also harmonizes the spelling of By the Commission. the proposed rule change and discussed any comments it received on the Market-Maker with the definition set Erica A. Barker, proposed rule change. The text of these forth in Rule 1.1 and updates the Secretary. statements may be examined at the language to read in plain English, and, [FR Doc. 2020–25753 Filed 11–20–20; 8:45 am] places specified in Item IV below. The to the extent possible, with the language BILLING CODE 7710–FW–P Exchange has prepared summaries, set in corresponding Interpretation and forth in sections A, B, and C below, of Policy .01 to Rule 6.13 of its affiliated the most significant aspects of such options exchange, Cboe C2 Exchange, statements. Inc. (‘‘C2’’). SECURITIES AND EXCHANGE Current Rule 5.52(g) provides that a COMMISSION A. Self-Regulatory Organization’s Market-Maker is considered an order Statement of the Purpose of, and entry firm (‘‘OEF’’) 6 under the Rules in [Release No. 34–90440; File No. SR–CBOE– Statutory Basis for, the Proposed Rule all classes in which the Market-Maker 2020–109] Change has no appointment, and limits the total number of contracts a Market-Maker Self-Regulatory Organizations; Cboe 1. Purpose may execute in classes in which it has Exchange, Inc.; Notice of Filing and The Exchange proposes to adopt new no appointment to 25% of the total Immediate Effectiveness of a Proposed Interpretation and Policy .02 to Rule number of all contracts the Market- Rule Change To Amend Its 5.33 to codify how complex strategy Interpretations and Policies to Rule volume is counted when determining 5 As a result of the proposed Interpretation and 5.33 in Connection With Market- whether a Market-Maker exceeds the Policy, the proposed rule change accordingly Makers’ Complex Orders, Quoting 25% volume threshold in its non- updates the subsequent Interpretation and Policy Obligations and Volume numbering. 6 See Rule 1.1., which defines an ‘‘Order Entry 1 November 17, 2020. 15 U.S.C. 78s(b)(1). Firm’’ or ‘‘OEF’’ as a Trading Permit Holder that 2 17 CFR 240.19b–4. represents as agent customer orders on the Pursuant to Section 19(b)(1) of the 3 15 U.S.C. 78s(b)(3)(A)(iii). Exchange or that is a non-Market-Maker conducting Securities Exchange Act of 1934 (the 4 17 CFR 240.19b–4(f)(6). proprietary trading.

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Marker executes on the Exchange in any and coordination with persons engaged compared to non-appointed classes. As calendar quarter. Rule 5.52(d)(1) in regulating, clearing, settling, such, the Exchange believes the provides that if a Market-Maker never processing information with respect to, proposed rule change will contribute to trades more than 20% of the Market- and facilitating transactions in the protection of investors and the Maker’s contract volume electronically securities, to remove impediments to public interest by adding transparency in an appointed class during any and perfect the mechanism of a free and and clarity to the Exchange’s Rules by calendar quarter, a Market-Maker will open market and a national market codifying an existing practice in not be obligated to quote electronically system, and, in general, to protect calculating a Market-Maker’s executed in any designated percentage of series investors and the public interest. volume on the Exchange. In addition, within that class pursuant to Additionally, the Exchange believes the the Exchange believes the proposed subparagraph (d)(2), and Rule 5.52(d)(2) proposed rule change is consistent with changes to Interpretation and Policy .01 provides that If a Market-Maker trades the Section 6(b)(5) 9 requirement that of Exchange Rule 5.33 will add clarity more than 20% of the Market-Maker’s the rules of an exchange not be designed by revising the Rule to provide that contract volume electronically in an to permit unfair discrimination between orders entered in appointed classes, appointed class during any calendar customers, issuers, brokers, or dealers. rather than volume executed, is quarter, commencing the next calendar In particular, the Exchange believes considered in connection with quarter, a Market-Maker must provide the proposed rule change will remove determining whether a Market-Maker continuous electronic quotes. The impediments to and perfect the meets its quoting obligations pursuant Exchange currently considers all mechanism of a free and open market to Rule 5.52 in its appointed classes, contracts executed by a Market-Maker, and a national market system by conforming the spelling of Market- regardless of whether they are executed codifying that the Exchange considers a Maker with its applicable definition in in the simple or complex book, in Market-Maker’s complex order volume Rule 1.1 and (to the extent possible) determining whether a Market-Maker when calculating the 25% threshold of with the language of its affiliated has exceeded the 25% volume threshold volume in non-appointed classes options exchange’s corresponding in its non-appointed classes and the pursuant to Rule 5.52(g) and when provisions, and updating the language 20% electronic volume threshold in its calculating the 20% threshold of to read in plain English. appointed classes. The Exchange now electronic volume in its appointed B. Self-Regulatory Organization’s proposes to codify this in proposed classes. Specifically, Rule 5.52(g) is Statement on Burden on Competition Interpretation and Policy .02 to Rule designed to prevent a Market-Maker 5.33. Specifically, the proposed rule from executing volume in non- The Exchange does not believe that change makes it clear that a Market- appointed option classes in an amount the proposed rule change will impose Maker’s orders for complex strategies disproportionate to volume executed in any burden on competition that is not executed in classes in which it has no its appointed option classes. Similarly, necessary or appropriate in furtherance appointment are included in the total Rule 5.52(d)(1) and (d)(2) are designed of the purposes of the Act. The number of all contracts the Market- to prevent a Market-Maker from Exchange reiterates that the proposed Maker executes on the Exchange in any executing electronic volume in its rule change is intended to codify a calendar quarter in determining whether appointed classes in an amount current Exchange interpretation that a the Market-Maker exceeds the 25% disproportionate to volume executed on Market-Maker’s complex strategy threshold pursuant to Rule 5.52(g) and the trading floor in its appointed classes execution volume is considered when makes it clear that a Market-Maker’s without being obligated to stream calculating its volume per quarter orders for complex strategies executed continuous electronic quotes. Both Rule pursuant to Rule 5.52(g) and correct an in classes in which it has an 5.52(g) and Rule 5.52(d)(1) and (d)(2) inadvertent error indicating that appointment are included in the total prevent a Market-Maker from executing executed volume rather than entered number of all contracts the Market- volume in a manner that potentially orders are considered when determining Maker executes electronically in an derogates the performance of its compliance with a Market-Maker’s appointed class during any calendar obligations and provision of liquidity in quoting obligations. Thus, the Exchange quarter in determining whether the its appointed option classes. As such, believes this proposed rule change will Market-Maker exceeds the electronic the Exchange believes that including benefit Exchange participants by volume threshold pursuant to Rule complex volume in these calculations is providing clarity within the Exchange 5.52(d)(1) and (d)(2). consistent with and supports the Rules. purpose of Rule 5.52(g) and Rule Additionally, the Exchange believes 2. Statutory Basis 5.52(d)(1) and (d)(2), which, thereby, that the proposed rule change regarding The Exchange believes the proposed will help to ensure that a Market-Maker the applicability of Rule 5.52(g) to a rule change is consistent with the executes volume in a manner that is Market-Maker’s executions in the COB Securities Exchange Act of 1934 (the consistent with the performance of its does not impose any burden on ‘‘Act’’) and the rules and regulations quoting obligations and provision of intramarket competition because it thereunder applicable to the Exchange liquidity in its appointed classes. The applies to all Market-Makers in the same and, in particular, the requirements of proposed rule change makes it clear that manner. The proposed rule change Section 6(b) of the Act.7 Specifically, a Market-Maker’s orders executed in codifies an existing interpretation of the the Exchange believes the proposed rule complex strategies are considered Rules and therefore does not modify any change is consistent with the Section representative of a Market-Maker’s total existing Market-Maker obligations or 6(b)(5) 8 requirements that the rules of volume on the Exchange. The Exchange manner in which a Market-Maker’s non- an exchange be designed to prevent believes this may mitigate any potential appointed volume is calculated. The fraudulent and manipulative acts and confusion regarding this calculation so Exchange believes that the proposed practices, to promote just and equitable that Market-Makers have more clarity rule change does not impose any burden principles of trade, to foster cooperation regarding their obligations in appointed on intermarket competition because it classes in an appropriate manner as relates to an obligation regarding 7 15 U.S.C. 78f(b). Market-Maker executed volume only on 8 15 U.S.C. 78f(b)(5). 9 Id. the Exchange.

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Additionally, the proposed Paper Comments SECURITIES AND EXCHANGE nonsubstantive updates to Interpretation • COMMISSION and Policy .01 to Rule 5.33 are not Send paper comments in triplicate to Secretary, Securities and Exchange [Release No. 34–90437; File No. SR– competitive in nature and, instead, are CboeEDGX–2020–054] intended to correct an inadvertently Commission, 100 F Street NE, used term and provide clarity and Washington, DC 20549–1090. Self-Regulatory Organizations; Cboe consistency within the Rules and, to the All submissions should refer to File EDGX Exchange, Inc.; Notice of Filing extent possible, with the corresponding Number SR–CBOE–2020–109. This file and Immediate Effectiveness of a rule language of its affiliated options number should be included on the Proposed Rule Change To Amend Its exchange. subject line if email is used. To help the Interpretations and Policies to Rule C. Self-Regulatory Organization’s Commission process and review your 21.20 in Connection With Market Statement on Comments on the comments more efficiently, please use Makers’ Complex Orders, Quoting Proposed Rule Change Received From only one method. The Commission will Obligations and Volume Members, Participants, or Others post all comments on the Commission’s November 17, 2020. The Exchange neither solicited nor internet website (http://www.sec.gov/ Pursuant to Section 19(b)(1) of the received comments on the proposed rules/sro.shtml). Copies of the Securities Exchange Act of 1934 (the rule change. submission, all subsequent ‘‘Act’’),1 and Rule 19b–4 thereunder,2 amendments, all written statements notice is hereby given that on November III. Date of Effectiveness of the with respect to the proposed rule 3, 2020, Cboe EDGX Exchange, Inc. (the Proposed Rule Change and Timing for change that are filed with the ‘‘Exchange’’ or ‘‘EDGX’’) filed with the Commission Action Commission, and all written Securities and Exchange Commission Because the foregoing proposed rule communications relating to the (the ‘‘Commission’’) the proposed rule change does not: proposed rule change between the change as described in Items I, II, and A. Significantly affect the protection Commission and any person, other than III below, which Items have been of investors or the public interest; those that may be withheld from the prepared by the Exchange. The B. impose any significant burden on public in accordance with the Exchange filed the proposal pursuant to competition; and provisions of 5 U.S.C. 552, will be Section 19(b)(3)(A)(iii) of the Act 3 and 4 C. become operative for 30 days from available for website viewing and Rule 19b–4(f)(6) thereunder. The the date on which it was filed, or such printing in the Commission’s Public Commission is publishing this notice to shorter time as the Commission may Reference Room, 100 F Street NE, solicit comments on the proposed rule designate, it has become effective Washington, DC 20549, on official change from interested persons. pursuant to Section 19(b)(3)(A) of the business days between the hours of I. Self-Regulatory Organization’s Act 10 and Rule 19b–4(f)(6) 11 10:00 a.m. and 3:00 p.m. Copies of the Statement of the Terms of Substance of thereunder. At any time within 60 days filing also will be available for the Proposed Rule Change of the filing of the proposed rule change, inspection and copying at the principal Cboe EDGX Exchange, Inc. (the the Commission summarily may office of the Exchange. All comments temporarily suspend such rule change if ‘‘Exchange’’ or ‘‘EDGX’’) proposes to received will be posted without change. amend its Interpretations and Policies to it appears to the Commission that such Persons submitting comments are action is necessary or appropriate in the Rule 21.20 in connection with Market cautioned that we do not redact or edit public interest, for the protection of Makers’ complex orders, quoting personal identifying information from investors, or otherwise in furtherance of obligations and volume. The text of the comment submissions. You should the purposes of the Act. If the proposed rule change is provided in Commission takes such action, the submit only information that you wish Exhibit 5. The text of the proposed rule change Commission will institute proceedings to make available publicly. All is also available on the Exchange’s to determine whether the proposed rule submissions should refer to File website (http://markets.cboe.com/us/ change should be approved or Number SR–CBOE–2020–109, and options/regulation/rule_filings/edgx/), disapproved. should be submitted on or before December 14, 2020. at the Exchange’s Office of the IV. Solicitation of Comments Secretary, and at the Commission’s For the Commission, by the Division of Public Reference Room. Interested persons are invited to Trading and Markets, pursuant to delegated submit written data, views, and authority.12 II. Self-Regulatory Organization’s arguments concerning the foregoing, J. Matthew DeLesDernier, Statement of the Purpose of, and including whether the proposed rule Statutory Basis for, the Proposed Rule Assistant Secretary. change is consistent with the Act. Change Comments may be submitted by any of [FR Doc. 2020–25731 Filed 11–20–20; 8:45 am] BILLING CODE 8011–01–P In its filing with the Commission, the the following methods: Exchange included statements Electronic Comments concerning the purpose of and basis for • the proposed rule change and discussed Use the Commission’s internet any comments it received on the comment form (http://www.sec.gov/ proposed rule change. The text of these rules/sro.shtml); or • statements may be examined at the Send an email to rule-comments@ places specified in Item IV below. The sec.gov. Please include File Number SR– CBOE–2020–109 on the subject line. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 10 15 U.S.C. 78s(b)(3)(A). 3 15 U.S.C. 78s(b)(3)(A)(iii). 11 17 CFR 240.19b–4(f)(6). 12 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6).

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Exchange has prepared summaries, set specifically, pursuant to Rule 22.6, a from executing volume in non- forth in sections A, B, and C below, of Market-Maker’s bids and offers entered appointed option classes in an amount the most significant aspects of such in the simple market are considered in disproportionate to volume executed in statements. determining whether a Market-Maker its appointed option classes, potentially satisfies its quoting obligations, in derogation of the performance of its A. Self-Regulatory Organization’s therefore, the proposed rule change obligations and provision of liquidity in Statement of the Purpose of, and amends Interpretation and Policy .01 to its appointed option classes. As such, Statutory Basis for, the Proposed Rule Rule 21.20 to more appropriately reflect the proposed rule change is consistent Change this. The proposed change also updates with and supports the purposed [sic] of 1. Purpose the language in Interpretation and Rule 22.6(f) by including complex The Exchange proposes to adopt new Policy .01 to read in plain English. orders in this calculation. Therefore, the Interpretation and Policy .02 to Rule Current Rule 22.6(f) provides that a proposed rule change considers a Market-Maker is considered an order Market-Maker’s orders executed in 21.20 which provides that complex 6 strategies are included when entry firm (‘‘OEF’’) under the Rules in complex strategies representative of a determining whether a Market Maker all classes in which the Market-Maker Market-Maker’s total volume on the exceeds the 25% volume threshold in has no appointment, and limits the total Exchange. number of contracts a Market-Maker its non-appointed classes pursuant to 2. Statutory Basis Rule 22.6(f).5 The Exchange also may execute in classes in which it has The Exchange believes the proposed proposes to make clarifying, no appointment to 25% of the total rule change is consistent with the nonsubstantive updates to Interpretation number of all contracts the Market- Securities Exchange Act of 1934 (the and Policy .01 to Rule 21.20. Marker executes on the Exchange in any Rule 21.20 governs trading of complex calendar quarter. The Exchange does not ‘‘Act’’) and the rules and regulations orders on the Exchange and, currently, currently include executed complex thereunder applicable to the Exchange Interpretation and Policy .01 to Rule order volume when determining and, in particular, the requirements of 9 21.20 specifically provides that Market whether a Market-Maker has exceeded Section 6(b) of the Act. Specifically, Makers are not required to quote on the this threshold. The Exchange’s affiliated the Exchange believes the proposed rule COB. Complex strategies are not subject options exchange, Cboe Exchange, Inc. change is consistent with the Section 10 to any quoting requirements that are (‘‘Cboe Options’’) has a rule in place 6(b)(5) requirements that the rules of applicable to Market Makers in the that is substantially the same as EDGX an exchange be designed to prevent simple market for individual options Rule 22.6(f); however, Cboe Options fraudulent and manipulative acts and series or classes. Interpretation and currently considers a Market Maker’s practices, to promote just and equitable Policy .01 to Rule 21.20 also states that executed complex order volume as well principles of trade, to foster cooperation volume executed in complex strategies as a Market Maker’s executed simple and coordination with persons engaged is not taken into consideration when order volume in determining whether a in regulating, clearing, settling, determining whether Market Makers are Market-Maker has exceeded the 25% processing information with respect to, meeting quoting obligations applicable volume threshold in its non-appointed and facilitating transactions in to Market Makers in the simple market classes.7 In order to harmonize this securities, to remove impediments to for individual options. The proposed practice across the affiliated options and perfect the mechanism of a free and rule change updates Interpretation and exchanges,8 the Exchange now proposes open market and a national market Policy .01 to Rule 21.20 in order to to change its current interpretation and system, and, in general, to protect provide additional clarity and adopt proposed Interpretation and investors and the public interest. consistency with the rules that provide Policy .02 to Rule 20.21 to provide that Additionally, the Exchange believes the for a Market-Maker’s quoting a Market-Maker’s orders for complex proposed rule change is consistent with requirements and obligations. strategies executed in classes in which the Section 6(b)(5) 11 requirement that Specifically, pursuant to Rule 22.6, a it has no appointment are included in the rules of an exchange not be designed Market-Maker must satisfy quoting the total number of all contracts the to permit unfair discrimination between obligations in each of its appointed Market-Maker executes on the Exchange customers, issuers, brokers, or dealers. classes. As such, the proposed [sic] in any calendar quarter in determining In particular, the Exchange believes updates Interpretation and Policy .01 to whether the Market-Maker exceeds the the proposed rule change will remove Rule 21.20 to make it clear that a 25% threshold pursuant to Rule 22.6(f). impediments to and perfect the Market-Maker’s orders in complex The Exchange notes that Rule 22.6(f) is mechanism of a free and open market strategies are not subject to a Market- designed to prevent a Market-Maker and a national market system by Maker’s quoting requirements in its providing that the Exchange considers a appointed classes nor are considered in 6 See Rule 16.1., which defines an ‘‘Options Order Market-Maker’s complex order volume determining whether a Market-Maker Entry Firm’’ and ‘‘Order Entry Firm’’ or ‘‘OEF’’ as when calculating the 25% threshold of those Options Members representing as agent volume in non-appointed classes has satisfied its quoting obligations in Customer Orders on EDGX Options and those non- its appointed classes. Also, the Market Maker Members conducting proprietary pursuant to Rule 22.6(f) and thereby proposed rule change updates trading. harmonizing the Exchange’s rules with Interpretation and Policy .01 to Rule 7 The Exchange notes too that Cboe Options that of the corresponding rules of its intends to simultaneously submit a rule filing to affiliated options exchanges.12 21.20 as it inadvertently refers to codify its current practice in calculating its Market- volume executed rather than orders, as Makers’ simple and complex volume in non- Specifically, Rule 22.6(f) is designed to ‘‘quoting’’ obligations relate to the appointed classes in its corresponding prevent a Market-Maker from executing submission of quotes and orders rather Interpretations and Policies to Rule 21.20. volume in non-appointed option classes 8 The Exchange’s affiliated options exchange, in an amount disproportionate to than executed volume. More Cboe C2 Exchange, Inc. (‘‘C2’’) intends to simultaneously submit a substantively identical 9 5 As a result of the proposed Interpretation and rule filing to clarify that it will calculate its Market 15 U.S.C. 78f(b). Policy, the proposed rule change accordingly Makers’ simple and complex volume in non- 10 15 U.S.C. 78f(b)(5). updates the subsequent Interpretation and Policy appointed classes pursuant to Cboe Options’ 11 Id. numbering. current practice. 12 See supra notes 7 and 8.

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volume executed in its appointed option change also corrects an inadvertent error B. impose any significant burden on classes, potentially in derogation of the in Interpretation and Policy .01 to 21.20 competition; and performance of its obligations and indicating that executed volume rather C. become operative for 30 days from provision of liquidity in its appointed than entered orders are considered the date on which it was filed, or such option classes. As stated above, the when determining compliance with a shorter time as the Commission may Exchange believes that a Market-Maker’s Market-Maker’s quoting obligations. designate, it has become effective orders executed in complex strategies Thus, the Exchange believes this pursuant to Section 19(b)(3)(A) of the are representative of a Market-Maker’s proposed rule change will benefit Act 13 and Rule 19b–4(f)(6) 14 total volume on the Exchange. Thus, Exchange participants by providing thereunder. At any time within 60 days including such in its calculation of specific guidance and additional clarity of the filing of the proposed rule change, volume in non-appointed classes will within the Exchange Rules, as well as the Commission summarily may help to ensure that Market-Makers between the rules of the affiliated temporarily suspend such rule change if perform their obligations and provide options exchanges. it appears to the Commission that such liquidity in appointed classes in an Additionally, the Exchange believes action is necessary or appropriate in the appropriate manner as compared to that the proposed rule change regarding public interest, for the protection of non-appointed classes, and is thereby the applicability of Rule 22.6(f) to a investors, or otherwise in furtherance of consistent with and supports the Market-Maker’s executions in the COB the purposes of the Act. If the purpose of Rule 22.6(f). The Exchange does not impose any burden on Commission takes such action, the also believes that codifying that a intramarket competition because it Commission will institute proceedings Market-Maker’s complex order volume applies to all Market-Makers in the same to determine whether the proposed rule counts towards its Market-Maker’s total manner. The proposed rule change change should be approved or volume on the Exchange may mitigate codifies its affiliated options exchange’s disapproved. any potential confusion regarding this existing interpretation of such calculation so that Market-Makers have calculation in its corresponding rules. It IV. Solicitation of Comments more clarity regarding their obligations does not modify any existing Market- Interested persons are invited to in appointed classes in an appropriate Maker obligations. The Exchange submit written data, views, and manner as compared to non-appointed believes that the proposed rule change arguments concerning the foregoing, classes. As such, the Exchange believes does not impose any burden on including whether the proposed rule the proposed rule change will intermarket competition because it change is consistent with the Act. contribute to the protection of investors relates to an obligation regarding Comments may be submitted by any of and the public interest by adding Market-Maker executed volume only on the following methods: transparency and clarity to the the Exchange. Electronic Comments Exchange’s Rules by codifying its The Exchange believes that the • affiliated options exchange’s current proposed rule change will relieve any Use the Commission’s internet interpretation of how to [sic] a Market- burden on market participants because comment form (http://www.sec.gov/ Maker’s executed volume on the rules/sro.shtml); or it serves to provide Market-Makers with • Exchange is calculated. In addition, the rules that ensure that Market-Makers are Send an email to rule-comments@ Exchange believes the proposed changes performing their obligations in sec.gov. Please include File Number SR– to Interpretation and Policy .01 of appointed options classes in an CboeEDGX–2020–054 on the subject Exchange Rule 21.20 will add clarity by appropriate manner as compared to line. revising the Rule to provide that orders non-appointed classes. Ensuring that Paper Comments entered in appointed classes, rather than Market-Makers execute a certain amount • Send paper comments in triplicate volume executed, is considered in of their volume in appointed classes to Secretary, Securities and Exchange connection with determining whether a will contribute to sufficient liquidity in Commission, 100 F Street NE, Market-Maker meets it quoting those classes, which benefits the market Washington, DC 20549–1090. obligations pursuant to 22.6 in its and investors as a whole. appointed classes as well as updating Additionally, the proposed All submissions should refer to File the language to read in plain English. nonsubstantive updates to Interpretation Number SR–CboeEDGX–2020–054. This and Policy .01 to Rule 21.20 are not file number should be included on the B. Self-Regulatory Organization’s subject line if email is used. To help the Statement on Burden on Competition competitive in nature and, instead, are intended to correct an inadvertently Commission process and review your The Exchange does not believe that used term and provide clarity and comments more efficiently, please use the proposed rule change will impose consistency within the Rules. only one method. The Commission will any burden on competition that is not post all comments on the Commission’s necessary or appropriate in furtherance C. Self-Regulatory Organization’s internet website (http://www.sec.gov/ of the purposes of the Act. The Statement on Comments on the rules/sro.shtml). Copies of the Exchange reiterates that the proposed Proposed Rule Change Received From submission, all subsequent rule change is intended to codify in new Members, Participants, or Others amendments, all written statements Interpretation and Policy .02 to Rule The Exchange neither solicited nor with respect to the proposed rule 21.20 that the Exchange will consider a received comments on the proposed change that are filed with the Market-Maker’s complex strategy rule change. Commission, and all written execution volume in calculating its communications relating to the volume per quarter pursuant to Rule III. Date of Effectiveness of the proposed rule change between the 22.6(f) and harmonize this calculation Proposed Rule Change and Timing for Commission and any person, other than with the manner in which the Commission Action those that may be withheld from the exchange’s affiliated options exchange, Because the foregoing proposed rule public in accordance with the Cboe Options, currently calculates change does not: Market-Maker executed volume in non- A. Significantly affect the protection 13 15 U.S.C. 78s(b)(3)(A). appointed classes. The proposed rule of investors or the public interest; 14 17 CFR 240.19b–4(f)(6).

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provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s Makers meet their quoting obligations in available for website viewing and Statement of the Terms of Substance of the simple market. The proposed rule printing in the Commission’s Public the Proposed Rule Change change updates Interpretation and Reference Room, 100 F Street NE, Cboe C2 Exchange, Inc. (the Policy .01 to Rule 6.13 in order to Washington, DC 20549, on official ‘‘Exchange’’ or ‘‘C2’’) proposes to amend provide additional clarity and business days between the hours of its Interpretations and Policies to Rule consistency with the rules that provide 10:00 a.m. and 3:00 p.m. Copies of the 6.13 in connection with Market-Makers’ for a Market-Maker’s quoting filing also will be available for complex orders, quoting obligations and requirements and obligations. inspection and copying at the principal volume. The text of the proposed rule Specifically, pursuant to Rule 8.6, a office of the Exchange. All comments change is provided in Exhibit 5. Market-Maker must satisfy quoting received will be posted without change. The text of the proposed rule change obligations in each of its appointed Persons submitting comments are is also available on the Exchange’s classes. As such, the proposed updates cautioned that we do not redact or edit website (http://markets.cboe.com/us/ to Interpretation and Policy .01 to Rule personal identifying information from options/regulation/rule_filings/ctwo/), 6.13 to [sic] make it clear that a Market- comment submissions. You should at the Exchange’s Office of the Maker’s orders in complex strategies are submit only information that you wish Secretary, and at the Commission’s not subject to a Market-Maker’s quoting to make available publicly. All Public Reference Room. requirements in its appointed classes submissions should refer to File nor are considered in determining Number SR–CboeEDGX–2020–054, and II. Self-Regulatory Organization’s whether a Market-Maker has satisfied its should be submitted on or before Statement of the Purpose of, and quoting obligations in its appointed December 14, 2020. Statutory Basis for, the Proposed Rule classes. Also, the proposed rule change Change For the Commission, by the Division of also updates Interpretation and Policy Trading and Markets, pursuant to delegated In its filing with the Commission, the .01 to Rule 6.13 as it inadvertently refers authority.15 Exchange included statements to volume executed rather than orders, J. Matthew DeLesDernier, concerning the purpose of and basis for as ‘‘quoting’’ obligations relate to the the proposed rule change and discussed Assistant Secretary. submission of quotes and orders rather any comments it received on the than executed volume. More [FR Doc. 2020–25729 Filed 11–20–20; 8:45 am] proposed rule change. The text of these specifically, pursuant to Rule 8.6, a BILLING CODE 8011–01–P statements may be examined at the Market-Maker’s bids and offers entered places specified in Item IV below. The in the simple market are considered in Exchange has prepared summaries, set SECURITIES AND EXCHANGE determining whether a Market-Maker forth in sections A, B, and C below, of COMMISSION satisfies its quoting obligations, the most significant aspects of such therefore, the proposed rule change [Release No. 34–90439; File No. SR–C2– statements. amends Interpretation and Policy .01 to 2020–017] A. Self-Regulatory Organization’s Rule 6.13 to more appropriately reflect Statement of the Purpose of, and this. The proposed change also updates Self-Regulatory Organizations; Cboe Statutory Basis for, the Proposed Rule the language in Interpretation and C2 Exchange, Inc.; Notice of Filing and Change Policy .01 to Rule 6.13 to read in plain Immediate Effectiveness of a Proposed English. Rule Change To Amend Its 1. Purpose Current Rule 8.6(f) provides that a Interpretations and Policies to Rule The Exchange proposes to adopt new Market-Maker is considered an order 6.13 in Connection With Market- Interpretation and Policy .02 to Rule entry firm (‘‘OEF’’) 6 under the Rules in Makers’ Complex Orders, Quoting 6.13 which provides that complex all classes in which the Market-Maker Obligations and Volume strategies are included when has no appointment, and limits the total determining whether a Market Maker November 17, 2020. number of contracts a Market-Maker exceeds the 25% volume threshold in may execute in classes in which it has Pursuant to Section 19(b)(1) of the its non-appointed classes pursuant to no appointment to 25% of the total Securities Exchange Act of 1934 (the Rule 8.6(f).5 The Exchange also number of all contracts the Market- ‘‘Act’’),1 and Rule 19b–4 thereunder,2 proposes to make clarifying, Marker executes on the Exchange in any notice is hereby given that on November nonsubstantive updates to Interpretation calendar quarter. The Exchange does not 3, 2020, Cboe C2 Exchange, Inc. (the and Policy .01 to Rule 6.13. currently include executed complex ‘‘Exchange’’ or ‘‘C2’’) filed with the Rule 6.13 governs trading of complex order volume when determining Securities and Exchange Commission orders on the Exchange and, currently, whether a Market-Maker has exceeded (the ‘‘Commission’’) the proposed rule Interpretation and Policy .01 to Rule this threshold. The Exchange’s affiliated change as described in Items I, II, and 6.13 specifically provides that Market- options exchange, Cboe Exchange, Inc. III below, which Items have been Makers are not required to quote on the (‘‘Cboe Options’’) has a rule in place prepared by the Exchange. The COB. Complex strategies are not subject that is substantially the same as C2 Rule Exchange filed the proposal pursuant to to any quoting requirements that apply 8.6(f); however, Cboe Options currently Section 19(b)(3)(A)(iii) of the Act 3 and to Market-Makers in the simple market. considers a Market Maker’s executed Rule 19b–4(f)(6) thereunder.4 The Interpretation and Policy [sic] to Rule complex order volume as well as a Commission is publishing this notice to 6.13 also states that the Exchange does Market Maker’s executed simple order solicit comments on the proposed rule not take into account Market-Makers’ volume in determining whether a change from interested persons. volume executed in complex strategies Market-Maker has exceeded the 25% when determining whether Market- 15 17 CFR 200.30–3(a)(12). 6 See Rule 1.1., which defines an ‘‘Order Entry 1 15 U.S.C. 78s(b)(1). 5 As a result of the proposed Interpretation and Firm’’ or ‘‘OEF’’ as a Trading Permit Holder that 2 17 CFR 240.19b–4. Policy, the proposed rule change accordingly represents as agent customer orders on the 3 15 U.S.C. 78s(b)(3)(A)(iii). updates the subsequent Interpretation and Policy Exchange or that is a non-Market-Maker conducting 4 17 CFR 240.19b–4(f)(6). numbering. proprietary trading.

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volume threshold in its non-appointed open market and a national market revising the Rule to provide that orders classes.7 In order to harmonize this system, and, in general, to protect entered in appointed classes, rather than practice across the affiliated options investors and the public interest. volume executed, is considered in exchanges,8 the Exchange now proposes Additionally, the Exchange believes the connection with determining whether a to change its current interpretation and proposed rule change is consistent with Market-Maker meets it quoting adopt proposed Interpretation and the Section 6(b)(5) 11 requirement that obligations pursuant to Rule 8.6 in its Policy .02 to Rule 6.13 to provide that the rules of an exchange not be designed appointed classes as well as updating a Market-Maker’s orders for complex to permit unfair discrimination between the language to read in plain English. strategies executed in classes in which customers, issuers, brokers, or dealers. In particular, the Exchange believes B. Self-Regulatory Organization’s it has no appointment are included in Statement on Burden on Competition the total number of all contracts the the proposed rule change will remove Market-Maker executes on the Exchange impediments to and perfect the The Exchange does not believe that in any calendar quarter in determining mechanism of a free and open market the proposed rule change will impose whether the Market-Maker exceeds the and a national market system by any burden on competition that is not 25% threshold pursuant to Rule 8.6(f). providing that the Exchange considers a necessary or appropriate in furtherance The Exchange notes that Rule 8.6(f) is Market-Maker’s complex order volume of the purposes of the Act. The designed to prevent a Market-Maker when calculating the 25% threshold of Exchange reiterates that the proposed from executing volume in non- volume in non-appointed classes rule change is intended to codify in new appointed option classes in an amount pursuant to Rule 8.6(f) and thereby Interpretation and Policy .02 to Rule disproportionate to volume executed in harmonizing the Exchange’s rules with 6.13 that the Exchange will consider a its appointed option classes, potentially that of the corresponding rules of its Market-Maker’s complex strategy in derogation of the performance of its affiliated options exchanges.12 execution volume in calculating its obligations and provision of liquidity in Specifically, Rule 8.6(f) is designed to volume per quarter pursuant to Rule its appointed option classes. As such, prevent a Market-Maker from executing 8.6(f) and harmonize this calculation the proposed rule change is consistent volume in non-appointed option classes with the manner in which the with and supports the purposed [sic] of in an amount disproportionate to exchange’s affiliated options exchange, Rule 8.6(f) by including complex orders volume executed in its appointed option Cboe Options, currently calculates in this calculation. Therefore, the classes, potentially in derogation of the Market-Maker executed volume in non- proposed rule change considers a performance of its obligations and appointed classes. The proposed rule Market-Maker’s orders executed in provision of liquidity in its appointed change also corrects an inadvertent error complex strategies representative of a option classes. As stated above, the in Interpretation and Policy .01 to 6.13 Market-Maker’s total volume on the Exchange believes that a Market-Maker’s indicating that executed volume rather Exchange. orders executed in complex strategies than entered orders are considered are representative of a Market-Maker’s when determining compliance with a 2. Statutory Basis total volume on the Exchange. Thus, Market-Maker’s quoting obligations. The Exchange believes the proposed including such in its calculation of Thus, the Exchange believes this rule change is consistent with the volume in non-appointed classes will proposed rule change will benefit Securities Exchange Act of 1934 (the help to ensure that Market-Makers Exchange participants by providing ‘‘Act’’) and the rules and regulations perform their obligations and provide specific guidance and additional clarity thereunder applicable to the Exchange liquidity in appointed classes in an within the Exchange Rules, as well as and, in particular, the requirements of appropriate manner as compared to between the rules of the affiliated Section 6(b) of the Act.9 Specifically, non-appointed classes, and is thereby options exchanges. the Exchange believes the proposed rule consistent with and supports the Additionally, the Exchange believes change is consistent with the Section purpose of Rule 8.6(f). The Exchange that the proposed rule change regarding 6(b)(5) 10 requirements that the rules of also believes that codifying that a the applicability of Rule 8.6(f) to a an exchange be designed to prevent Market-Maker’s complex order volume Market-Maker’s executions in the COB does not impose any burden on fraudulent and manipulative acts and counts towards its Market-Maker’s total intramarket competition because it practices, to promote just and equitable volume on the Exchange may mitigate applies to all Market-Makers in the same principles of trade, to foster cooperation any potential confusion regarding this manner. The proposed rule change and coordination with persons engaged calculation so that Market-Makers have codifies its affiliated options exchange’s in regulating, clearing, settling, more clarity regarding their obligations existing interpretation of such processing information with respect to, in appointed classes in an appropriate calculation in its corresponding rules. It and facilitating transactions in manner as compared to non-appointed does not modify any existing Market- securities, to remove impediments to classes. As such, the Exchange believes Maker obligations. The Exchange and perfect the mechanism of a free and the proposed rule change will contribute to the protection of investors believes that the proposed rule change does not impose any burden on 7 The Exchange notes too that Cboe Options and the public interest by adding intends to simultaneously submit a rule filing to transparency and clarity to the intermarket competition because it codify its current practice in calculating its Market- Exchange’s Rules by codifying its relates to an obligation regarding Makers’ simple and complex volume in non- affiliated options exchange’s current Market-Maker executed volume only on appointed classes in its corresponding the Exchange. Interpretations and Policies to Rule 6.13. interpretation of how to a Market- 8 The Exchange’s affiliated options exchange, Maker’s executed volume on the The Exchange believes that the Cboe EDGX Exchange, Inc. (‘‘EDGX Options’’) Exchange is calculated. In addition, the proposed rule change will relieve any intends to simultaneously submit a substantively Exchange believes the proposed changes burden on market participants because identical rule filing to clarify that it will calculate to Interpretation and Policy .01 of it serves to provide Market-Makers with its Market Makers’ simple and complex volume in non-appointed classes pursuant to Cboe Options’ Exchange Rule 6.13 will add clarity by rules that ensure that Market-Makers are current practice. performing their obligations in 9 15 U.S.C. 78f(b). 11 Id. appointed options classes in an 10 15 U.S.C. 78f(b)(5). 12 See supra notes 7 and 8. appropriate manner as compared to

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non-appointed classes. Ensuring that • Send an email to rule-comments@ SECURITIES AND EXCHANGE Market-Makers execute a certain amount sec.gov. Please include File Number SR– COMMISSION of their volume in appointed classes C2–2020–017 on the subject line. [Release No. 34–90444; File No. SR– will contribute to sufficient liquidity in CboeBZX–2020–042] those classes, which benefits the market Paper Comments and investors as a whole. • Send paper comments in triplicate Self-Regulatory Organizations; Cboe Additionally, the proposed to Secretary, Securities and Exchange BZX Exchange, Inc.; Notice of nonsubstantive updates to Interpretation Commission, 100 F Street NE, Designation of a Longer Period for and Policy .01 to Rule 6.13 are not Washington, DC 20549–1090. Commission Action on Proceedings To competitive in nature and, instead, are Determine Whether To Approve or intended to correct an inadvertently All submissions should refer to File Disapprove a Proposed Rule Change used term and provide clarity and Number SR–C2–2020–017. This file To Accommodate Exchange Listing consistency within the Rules. number should be included on the and Trading of Options-Linked Securities C. Self-Regulatory Organization’s subject line if email is used. To help the Commission process and review your Statement on Comments on the November 17, 2020. comments more efficiently, please use Proposed Rule Change Received From On May 15, 2020, Cboe BZX Members, Participants, or Others only one method. The Commission will Exchange, Inc. (‘‘Exchange’’) filed with post all comments on the Commission’s The Exchange neither solicited nor the Securities and Exchange internet website (http://www.sec.gov/ Commission (‘‘Commission’’), pursuant received comments on the proposed rules/sro.shtml). Copies of the rule change. to Section 19(b)(1) of the Securities submission, all subsequent Exchange Act of 1934 (‘‘Act’’) 1 and Rule III. Date of Effectiveness of the amendments, all written statements 19b–4 thereunder,2 a proposed rule Proposed Rule Change and Timing for with respect to the proposed rule change to permit Exchange listing and Commission Action change that are filed with the trading of Options-Linked Securities. Commission, and all written Because the foregoing proposed rule The proposed rule change was change does not: communications relating to the published for comment in the Federal proposed rule change between the Register on June 3, 2020.3 On July 9, A. Significantly affect the protection 2020, pursuant to Section 19(b)(2) of the of investors or the public interest; Commission and any person, other than those that may be withheld from the Act,4 the Commission designated a B. impose any significant burden on longer period within which to approve competition; and public in accordance with the provisions of 5 U.S.C. 552, will be the proposed rule change, disapprove C. become operative for 30 days from the proposed rule change, or institute the date on which it was filed, or such available for website viewing and printing in the Commission’s Public proceedings to determine whether to shorter time as the Commission may disapprove the proposed rule change.5 designate, it has become effective Reference Room, 100 F Street NE, Washington, DC 20549, on official On September 1, 2020, the Commission pursuant to Section 19(b)(3)(A) of the instituted proceedings under Section 13 14 Act and Rule 19b–4(f)(6) business days between the hours of 6 10:00 a.m. and 3:00 p.m. Copies of the 19(b)(2)(B) of the Act to determine thereunder. At any time within 60 days whether to approve or disapprove the filing also will be available for of the filing of the proposed rule change, proposed rule change.7 The Commission inspection and copying at the principal the Commission summarily may has received no comment letters on the temporarily suspend such rule change if office of the Exchange. All comments proposed rule change. it appears to the Commission that such received will be posted without change. Section 19(b)(2) of the Act 8 provides action is necessary or appropriate in the Persons submitting comments are that, after initiating disapproval public interest, for the protection of cautioned that we do not redact or edit proceedings, the Commission shall issue investors, or otherwise in furtherance of personal identifying information from an order approving or disapproving the the purposes of the Act. If the comment submissions. You should proposed rule change not later than 180 Commission takes such action, the submit only information that you wish days after the date of publication of Commission will institute proceedings to make available publicly. All notice of filing of the proposed rule to determine whether the proposed rule submissions should refer to File change. The Commission may extend change should be approved or Number SR–C2–2020–017, and should disapproved. be submitted on or before December 14, 1 15 U.S.C. 78s(b)(1). IV. Solicitation of Comments 2020. 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 88968 Interested persons are invited to For the Commission, by the Division of (May 28, 2020), 85 FR 34270. submit written data, views, and Trading and Markets, pursuant to delegated 4 15 U.S.C. 78s(b)(2). arguments concerning the foregoing, authority.15 5 See Securities Exchange Act Release No. 89267, 85 FR 42933 (July 15, 2020). J. Matthew DeLesDernier, including whether the proposed rule 6 15 U.S.C. 78s(b)(2)(B). change is consistent with the Act. Assistant Secretary. 7 See Securities Exchange Act Release No. 89722, Comments may be submitted by any of [FR Doc. 2020–25730 Filed 11–20–20; 8:45 am] 85 FR 55337 (September 4, 2020). Specifically, the the following methods: Commission instituted proceedings to allow for BILLING CODE 8011–01–P additional analysis of the proposed rule change’s Electronic Comments consistency with Section 6(b)(5) of the Act, which requires, among other things, that the rules of a • Use the Commission’s internet national securities exchange be ‘‘designed to comment form (http://www.sec.gov/ prevent fraudulent and manipulative acts and rules/sro.shtml); or practices, to promote just and equitable principles of trade,’’ and ‘‘to protect investors and the public interest.’’ See id. at 55338 (citing 15 U.S.C. 13 15 U.S.C. 78s(b)(3)(A). 78f(b)(5)). 14 17 CFR 240.19b–4(f)(6). 15 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78s(b)(2).

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the period for issuing an order I. Self-Regulatory Organization’s iShares Silver Trust,5 shares of which approving or disapproving the proposed Statement of the Terms of Substance of are currently listed on the Exchange rule change, however, by not more than the Proposed Rule Change under NYSE Arca Rule 8.201–E 60 days if the Commission determines The Exchange proposes certain (Commodity-Based Trust Shares) and that a longer period is appropriate and changes regarding the availability of the terms of the applicable listing rules publishes the reasons for such information for the iShares Gold Trust approved by the Commission, and the determination. The date of publication (formerly the iShares® COMEX Gold S&P GSCI Commodity-Indexed Trust, of notice of filing of the proposed rule Trust) and the iShares Silver Trust, change was June 3, 2020. November 30, shares of which are currently listed on information about Shares of the iShares Gold Trust 2020, is 180 days from that date, and currently is required to be available on the iShares the Exchange under NYSE Arca Rule Gold Trust’s website pursuant to the Amex Gold January 29, 2021, is 240 days from that 8.201–E (Commodity-Based Trust Notice, Amex Gold Order and NYSE Arca Gold date. Shares), and the iShares S&P GSCI Order: (a) The prior business day’s NAV per Share; The Commission finds it appropriate (b) Basket Gold Amount; (c) the reported Share Commodity-Indexed Trust, shares of closing price; (d) the present day’s Indicative Basket to designate a longer period within which currently are listed and traded on Gold Amount; (e) the midpoint of the bid-ask price which to issue an order approving or the Exchange under Rule 8.203–E in relation to the NAV as of the time the NAV is disapproving the proposed rule change (Commodity Index Trust Shares). The calculated (‘‘Bid-Ask Price’’); (f) calculation of the so that it has sufficient time to consider premium or discount of such price against such proposed change is available on the NAV; (g) data in chart form displaying the this proposed rule change. Accordingly, Exchange’s website at www.nyse.com, at frequency distribution of discounts and premiums the Commission, pursuant to Section the principal office of the Exchange, and of the Bid-Ask Price against the NAV, within 9 19(b)(2) of the Act, designates January at the Commission’s Public Reference appropriate ranges for each of the four previous 29, 2021, as the date by which the calendar quarters; (h) the prospectus; and (i) other Room. applicable quantitative information, such as Commission shall either approve or expense ratios, trading volumes, and the total return disapprove the proposed rule change II. Self-Regulatory Organization’s of the Shares. As stated in the Amex Gold Notice (File No. SR–CboeBZX–2020–042). Statement of the Purpose of, and and the NYSE Arca Gold Order, the ‘‘Basket Gold Statutory Basis for, the Proposed Rule Amount’’ is the corresponding amount of gold, For the Commission, by the Division of measured in fine ounces, to be exchanged for an Trading and Markets, pursuant to delegated Change issuance of a basket of 50,000 Shares for the authority.10 In its filing with the Commission, the purpose of creating and redeeming the Shares. Also, J. Matthew DeLesDernier, self-regulatory organization included as stated in the Amex Gold Notice and the NYSE Arca Gold Order, the ‘‘Indicative Basket Gold Assistant Secretary. statements concerning the purpose of, Amount’’ is the indicative amount of gold to be [FR Doc. 2020–25733 Filed 11–20–20; 8:45 am] and basis for, the proposed rule change deposited for issuance of the Shares that and discussed any comments it received Authorized Participants can use. The NAV per BILLING CODE 8011–01–P Share, Basket Gold Amount, Indicative Basket Gold on the proposed rule change. The text Amount and Indicative Trust Value are available on of those statements may be examined at the Trust’s website or through one or more major SECURITIES AND EXCHANGE the places specified in Item IV below. market data vendors, as described above, and are COMMISSION The Exchange has prepared summaries, not available on the Exchange’s website. In addition, investors can access the gold spot price set forth in sections A, B, and C below, and gold futures prices through major market data [Release No. 34–90443; File No. SR– of the most significant parts of such vendors. The Indicative Trust Value also is NYSEArca–2020–98] statements. available through one or more major market data vendors. Self-Regulatory Organizations; NYSE A. Self-Regulatory Organization’s 5 See Securities Exchange Act Release No. 58956 Arca, Inc.; Notice of Filing of Proposed Statement of the Purpose of, and the (November 14, 2008), 73 FR 71074 (November 24, Statutory Basis for, the Proposed Rule 2008) (SR–NYSEArca–2008–124) (Notice of Filing Rule Change Regarding the Availability and Order Granting Accelerated Approval of of Information for the iShares Gold Change Proposed Rule Change to List Shares of iShares Trust, the iShares Silver Trust Under 1. Purpose Silver Trust) (‘‘NYSE Arca Silver Order’’). The NYSE Arca Rule 8.201–E and the Commission previously approved listing of iShares The Exchange proposes certain Silver Trust on the American Stock Exchange LLC. iShares S&P GSCI Commodity-Indexed See Securities Exchange Act Release No. 53521 Trust Under Rule 8.203–E changes regarding the dissemination of (March 20, 2006), 71 FR 14967 (March 24, 2006) information on the respective websites (SR–Amex–2005–72) (‘‘Amex Silver Order’’). The November 17, 2020. for the iShares Gold Trust (formerly the following information about Shares of the iShares Pursuant to Section 19(b)(1) 1 of the iShares COMEX Gold Trust) 4 and the Silver Trust currently is required to be available on the Trust’s website pursuant to the Amex Silver Securities Exchange Act of 1934 (the Order and the NYSE Arca Silver Order: (a) The ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 4 See Securities Exchange Act Release No. 56041 prior business day’s NAV and the reported closing notice is hereby given that, on (July 11, 2007), 72 FR 39114 (July 17, 2007) (SR– price; (b) the midpoint of the bid-ask price in NYSEArca–2007–43) (Notice of Filing and Order November 12, 2020, NYSE Arca, Inc. relation to the NAV as of the time the NAV is Granting Accelerated Approval of Proposed Rule calculated (the ‘‘Bid-Asked Price’’); (c) calculation (‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed Change to List and Trade Shares of the iShares of the premium or discount of such price against with the Securities and Exchange COMEX Gold Trust) (‘‘NYSE Arca Gold Order’’). such NAV; (d) data in chart form displaying the Commission (the ‘‘Commission’’) a The Commission previously approved listing of frequency distribution of discounts and premiums iShares COMEX Gold Trust on the American Stock proposed rule change described in Items of the Bid-Ask Price against the NAV, within Exchange LLC. See Securities Exchange Act Release appropriate ranges for each of the four (4) previous I and II below, which Items have been No. 51058 (January 19, 2005), 70 FR 3749 (January calendar quarters; (e) the Basket Silver Amount; (f) prepared by the Exchange. The 26, 2005) (SR–Amex–2004–38) (granting approval the Indicative Basket Silver Amount; (g) the Commission is publishing this notice to to list and trade the Shares on Amex) (‘‘Amex Gold prospectus; and (h) other applicable quantitative Order’’). See also Securities Exchange Act Release information. The NAV per Share, Basket Silver solicit comments on the proposed rule Nos. 50792 (December 3, 2004), 69 FR 71446 Amount, Indicative Basket Silver Amount and change from interested persons. (December 9, 2004) (SR–Amex–2004–38) (providing Indicative Trust Value are available on the Trust’s notice of Amex’s proposal to list and trade shares website or through one or more major market data of the Trust) (‘‘Amex Gold Notice’’); 63398 9 Id. vendors, as described above, and are not available (November 30, 2010), 75 FR 76056 (December 7, 10 on the Exchange’s website. In addition, investors 17 CFR 200.30–3(a)(57). 2010) (SR–NYSEArca–2010–105) (Notice of Filing can access the silver spot price and silver futures 1 15 U.S.C. 78s(b)(1). and Immediate Effectiveness of Proposed Rule prices through major market data vendors. The 2 15 U.S.C. 78a. Change Relating to the Calculation of Net Asset Indicative Trust Value also is available through one 3 17 CFR 240.19b–4. Value for the iShares Gold Trust). The following or more major market data vendors.

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shares of which currently are listed and respective bid-ask price against NAV The Exchange believes that the traded on the Exchange under Rule and data in chart form displaying the proposed change concerning how the 8.203–E (Commodity Index Trust frequency distribution of discounts and Trusts would disclose information Shares) and the terms of the applicable premiums of such price against the regarding premium or discount listing rules approved by the NAV, within appropriate ranges for each information would be both more Commission.6 of the four previous calendar quarters. specific and more comprehensive than In the proposed rule changes filed The Exchange proposes that, going the manner by which premium or with the Commission by the Exchange forward, a Trust would disseminate the discount information is currently regarding listing and trading of shares premium or discount of the Official disseminated by the Trusts. By (‘‘Shares’’) of the iShares Gold Trust, Closing Price (rather than the midpoint providing the premium and discount iShares Silver Trust, and iShares S&P of the respective bid-ask price) against information in a table and line graph as GSCI Commodity-Indexed Trust (each a the NAV as of the prior business day, opposed to only in chart form, and for ‘‘Trust’’ and, collectively, the ‘‘Trusts’’), expressed as a percentage of such NAV.8 the previous calendar year and the the Exchange described the information Each Trust also would disseminate a completed quarters following such available on the respective Trust’s table showing the number of days the calendar year as opposed to only for the 7 website regarding Trust holdings. The Shares of a Trust traded at a premium four previous quarters, the Trusts would Exchange proposes to change certain or discount during the most recently provide market participants with representations regarding premium and completed calendar year and the most additional information to assess market discount price information to be recently completed calendar quarters pricing of Shares of a Trust against NAV disseminated on the websites for the since that year, as well as a line graph over certain time periods, which may Trusts, as described below. The purpose showing the Shares’ premiums or facilitate effective arbitrage between the of this proposed rule change is [sic] discounts for the most recently market price of a Trust’s Shares and its provide that each Trust will disseminate completed calendar year and the most NAV. the premium or discount of the Official recently completed calendar quarters Closing Price against the applicable since that year.9 In addition, by disseminating the NAV, expressed as a percentage of such premium or discount of the Official NAV, together with additional 8 The term ‘‘Official Closing Price’’ is defined in Closing Price (rather than the midpoint information regarding premium or NYSE Arca Rule 1.1(ll) as the reference price to of the respective bid-ask price) against discount, as described below. determine the closing price in a security for the NAV as of the prior business day, purposes of Rule 7–E Equities Trading. The The Orders stated that the Trusts procedures for determining the Official Closing the Exchange believes the Trusts would disseminate on their respective websites Price are set forth in Rule 1.1(ll). See Securities be utilizing more up-to-date and reliable a calculation of the premium or Exchange Act Release No. 82907 (March 20, 2018), pricing information available for the discount of the midpoint of the 83 FR 12980 (March 26, 2018) (SR–NYSEArca– Trust’s Shares compared to midpoint of 2018–08) (Order Approving a Proposed Rule Change to Amend NYSE Arca Rule 1.1(ll)) (‘‘Official the bid-ask price. The Exchange’s 6 See Securities Exchange Act Release No. 56932 Closing Price Approval Order’’). See also, Securities Official Closing Price is calculated in (December 7, 2007), 72 FR 71178 (December 14, Exchange Act Release No. 84471 (October 23, 2018), accordance with the specific and 2007) (SR–NYSEArca–2007–112) (Notice of Filing 84 FR 54384 (October 29, 2018) (SR–NYSEArca– 10 and Order Granting Accelerated Approval of a 2018–63) (Order Approving a Proposed Rule detailed procedures in Rule 1.1(11). Proposed Rule Change to List and Trade Shares of Change To Amend NYSE Arca Rule 1.1(ll)). While the Trusts are not registered the iShares S&P GSCI Commodity-Indexed Trust) 9 While the Trusts are not registered under the under the 1940 Act and, therefore, are (‘‘GSCI Order’’, ’’ together with the Amex Gold 1940 Act and, therefore, are not subject to Rule 6c– Order and Amex Silver Order, the ‘‘Orders’’). See 11 under the 1940 Act applicable to exchange- not subject to Rule 6c–11, the Exchange also, Securities Exchange Act Release No. 54025 traded funds, the Exchange notes that the premium/ notes that the Commission, in (June 21, 2006), 71 FR 36856 (June 28, 2006) (SR– discount information proposed to be disseminated discussing the proposed definition of NYSEArca–2006–12) (approving, among other by the Trusts is consistent with the premium or things, the trading of the Shares on NYSE Arca discount website requirements applicable to ‘‘market price’’ in the Rule 6c–11 pursuant to unlisted trading privileges). The exchange traded funds under Rule 6c–11. Rule 6c– Release, stated that ‘‘[w]e continue to Commission previously approved listing of the 11(a)(1) defines ‘‘premium or discount’’ as the believe, however, that using the ‘‘official iShares S&P GSCI Commodity-Indexed Trust on the positive or negative difference between the market closing price’’ provides a more precise New York Stock Exchange, Inc. See Securities price of an exchange-traded fund share at the time Exchange Act Release No. 54013 (June 16, 2006), 71 as of which the current net asset value is calculated measurement of an ETF’s market price FR 36372 (June 26, 2006) (SR–NYSE–2006–17) and the exchange-traded fund’s current net asset than other alternatives, including during (approving listing and trading of the Shares on value per share, expressed as a percentage of the disruptive market events.’’ [footnote NYSE). The following information about Shares of exchange-traded fund share’s current net asset omitted] 11 Exchanges have detailed the iShares S&P GSCI Commodity-Indexed Trust value per share. The term ‘‘market price’’ is defined currently is required to be available on the Trust’s in Rule 6c–11(a) as ‘‘(A) The official closing price website pursuant to the GSCI Order: (a) The prior of an exchange-traded fund share; or (B) If it more 10 In approving the Exchange’s Rule 1.1(ll), the business day’s NAV on a per Share basis and the accurately reflects the market value of an exchange- Commission noted that ‘‘the primary listing reported closing price; (b) the mid-point of the bid- traded fund share at the time as of which the market’s closing price for a security is relied upon ask price in relation to the NAV as of the time the exchange-traded fund calculates current net asset by market participants for a variety of reasons, NAV is calculated (the ‘‘Bid-Ask Price’’); (c) value per share, the price that is the midpoint including, but not limited to, calculation of index calculation of the premium or discount of such between the national best bid and national best values, calculation of the net asset value of mutual price against such NAV; (d) data in chart form offer as of that time.’’ Rule 6c–11(c)(1)(iii) provides funds and exchange-traded products, the price of displaying the frequency distribution of discounts that the website disclosure for a series of exchange- derivatives that are based on the security, and and premiums of the Bid-Ask Price against the traded fund shares include ‘‘[a] table showing the certain types of trading benchmarks such as volume NAV, within appropriate ranges for each of the four number of days the exchange-traded fund’s shares weighted average price strategies.’’ See Official previous calendar quarters; (e) the prospectus; (f) traded at a premium or discount during the most Closing Price Approval Order, note 8, supra. the holdings of the Trust, including CERFs, cash recently completed calendar year and the most 11 The Commission also stated that ‘‘[r]equiring and Treasury securities; (g) the Basket Amount, and recently completed calendar quarters since that year use of the midpoint of the NBBO only if it more (h) other applicable quantitative information. The (or the life of the exchange-traded fund, if shorter).’’ accurately reflects market value also provides an Basket Amount is the amount of CERFs and Short- Rule 6c–11(c)(1)(iv) provides that the website appropriate degree of flexibility to an ETF when its Term Securities or cash that an Authorized disclosure for a series of exchange-traded fund closing price may be stale or otherwise does not Participant must deliver in exchange for one Basket. shares include ‘‘[a] line graph showing exchange- reflect the ETF share’s market value, while at the 7 iShares Delaware Trust Sponsor LLC is the traded fund share premiums or discounts for the same time providing a consistent and verifiable sponsor (‘‘Sponsor’’) of the iShares Gold Trust, the most recently completed calendar year and the most methodology for how ETFs determine market iShares Silver Trust and iShares S&P GSCI recently completed calendar quarters since that year price.’’ See Rule 6c–11 Release, note 343 and Commodity-Indexed Trust. (or the life of the exchange-traded fund, if shorter).’’ accompanying text.

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rules regarding the determination of the such disclosure and would continue to price that more accurately reflects the official closing price of a security.’’ 12 do so. Other than change to information true and current value of a security.’’ 16 Moreover, the manner by which the to be disclosed on a Trust’s website as More specifically, if there is no Closing Exchange determines the Official described herein, each of the Trusts Auction for the security, the Official Closing Price for the Shares is designed would continue to comply with all other Closing Price would continue to factor to identify the most accurate price for listing requirements set forth in the in the midpoint of the NBBO. such securities. As set forth in NYSE Orders and in NYSE Arca Rules 8.201– Accordingly, the proposed change to Arca Rule 1.1(ll), the Official Closing E and 8.203–E, respectively. use the Official Closing Price rather than Price is the price established in a The Exchange believes that the relying solely on the midpoint of the ‘‘Closing Auction’’ of one round lot or proposed website disclosure for the bid-ask would not be a material change more on a trading day and if there is no Trusts, together with the portfolio for those days when the Official Closing Closing Auction, the Official Closing disclosures by the Trusts, would Price is determined for the Shares Price for the Shares is derived by adding continue to facilitate effective arbitrage pursuant to Rule 1.1(ll)(1)(B). between the market price of a Trust’s a percentage of the time-weighted While NYSE Arca Rules 8.201–E and Shares and its NAV. average price (‘‘TWAP’’) of the NBBO 8.203–E do not expressly require that a midpoint measured over the last 5 2. Statutory Basis Trust provide website disclosure of its minutes before the end of Core Trading The basis under the Act for this portfolio, the Trusts currently provide Hours (normally 4:00 p.m. Eastern such disclosure and would continue to Time) and a percentage of the proposed rule change is the requirement under Section 6(b)(5) of the Act that an do so. Other than changes to consolidated last-sale eligible trade information to be disclosed on a Trust’s before the end of Core Trading Hours on exchange have rules that are designed to prevent fraudulent and manipulative website as described herein, each of the that trading day.13 As noted by the acts and practices, to promote just and Trusts would continue to comply with Commission when approving Rule equitable principles of trade, to remove all other listing requirements set forth in 1.1(ll), ‘‘the proposed calculation for the impediments to, and perfect the the Orders and the Amex Gold Notice Official Closing Price is designed to mechanism of a free and open market and in NYSE Arca Rules 8.201–E and utilize more recent and reliable market and, in general, to protect investors and 8.203–E, respectively. information to provide a closing price the public interest. Investors can access each Trust’s that more accurately reflects the true The Exchange believes that the Trusts and current value of a security that may website at no cost. Investors also can would disclose information regarding access, for the iShares Gold Trust, the be thinly traded or generally illiquid premium or discount information that is and when the Official Closing Price for gold spot price and gold futures prices, both more specific and more and for the iShares Silver Trust, the such security may otherwise be based comprehensive than premium or 14 silver spot price and silver futures on a potentially stale last-sale trade.’’ discount information currently The Commission further noted that prices through major market data disseminated by the Trusts. By vendors. The applicable Indicative Trust ‘‘this objective calculation would take providing the premium and discount into account more recent firm Value for each Trust is available through information in a table and line graph as one or more major market data vendors. quotations over less recent trades, opposed to only in chart form, and for which trades may provide less The NAV per Share for each Trust’ for the previous calendar year and the the iShares Gold Trust, the Basket Gold information about the value of a completed quarters following such security, and would assign less weight Amount and Indicative Basket Gold calendar year as opposed to only for the Amount; and, for the iShares Silver to the last consolidated last-sale eligible four previous quarters, the Trusts would trade the farther away it occurred from Trust, the Basket Silver Amount and provide market participants with Indicative Basket Silver Amount are the end of Core Trading Hours.’’ 15 additional information to assess market Because the manner by which the available on the applicable Trust’s pricing of Shares of a Trust against NAV website. Official Closing Price is determined on over certain time periods, which may the Exchange continues to factor in the facilitate effective arbitrage between the B. Self-Regulatory Organization’s midpoint of the NBBO if there is no market price of a Trust’s Shares and its Statement on Burden on Competition Closing Auction, the Exchange believes NAV. that dissemination of the premium or The Exchange further believes that the The Exchange does not believe that discount of the Official Closing Price proposed rule change to disseminate the the proposed rule change will impose against the NAV as of the prior business premium or discount of the Official any burden on competition that is not day would provide a more accurate Closing Price (rather than the midpoint necessary or appropriate in furtherance price point for applying the premium or of the respective bid-ask price) against of the purpose of the Act. The Exchange discount calculation as compared to the the NAV as of the prior business day believes that the proposed rule change current methodology, which would remove impediments to, and would provide enhanced website disseminates the premium or discount perfect the mechanism of a free and disclosure for the Trusts as described of solely the midpoint of the respective open market and, in general, to protect above, to the benefit of investors and the bid-ask price against the NAV. investors and the public interest marketplace. While NYSE Arca Rules 8.201–E and because the Trusts would be utilizing C. Self-Regulatory Organization’s 8.203–E do not expressly require that a more up-to-date and reliable pricing Statement on Comments on the Trust provide website disclosure of its information available for the Trust’s Proposed Rule Change Received From portfolio, the Trusts currently provide Shares compared to midpoint of the bid- Members, Participants, or Others ask price. As already recognized by the 12 See Rule 6c–11 Release, note 343 and Commission, the manner by which the No written comments were solicited accompanying text. or received with respect to the proposed 13 See NYSE Arca Rule 1.1(ll)(1)(B). Exchange determines the Official 14 See Official Closing Price Approval Order, Closing Price for the Shares ‘‘is designed rule change. supra note 8, at footnote 23 and accompanying text. to utilize more recent and reliable 15 Id. market information to provide a closing 16 See note 8, supra.

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III. Date of Effectiveness of the inspection and copying at the principal All other information in the original Proposed Rule Change and Timing for office of the Exchange. All comments declaration remains unchanged. Commission Action received will be posted without change. (Catalog of Federal Domestic Assistance Within 45 days of the date of Persons submitting comments are Number 59008) cautioned that we do not redact or edit publication of this notice in the Federal Cynthia Pitts, Register or such longer period up to 90 personal identifying information from comment submissions. You should Acting Associate Administrator for Disaster days (i) as the Commission may Assistance. designate if it finds such longer period submit only information that you wish [FR Doc. 2020–25740 Filed 11–20–20; 8:45 am] to be appropriate and publishes its to make available publicly. All reasons for so finding or (ii) as to which submissions should refer to File BILLING CODE 8026–03–P the self-regulatory organization Number SR–NYSEArca–2020–98 and should be submitted on or before consents, the Commission will: SMALL BUSINESS ADMINISTRATION (A) By order approve or disapprove December 14, 2020. the proposed rule change, or For the Commission, by the Division of (B) institute proceedings to determine Trading and Markets, pursuant to delegated [Disaster Declaration #16664 and #16665; 17 Oregon Disaster Number OR–00110] whether the proposed rule change authority. should be disapproved. J. Matthew DeLesDernier, Presidential Declaration Amendment of Assistant Secretary. IV. Solicitation of Comments a Major Disaster for the State of [FR Doc. 2020–25732 Filed 11–20–20; 8:45 am] Oregon Interested persons are invited to BILLING CODE 8011–01–P submit written data, views, and AGENCY: U.S. Small Business arguments concerning the foregoing, Administration. including whether the proposed rule SMALL BUSINESS ADMINISTRATION change is consistent with the Act. ACTION: Amendment 1. Comments may be submitted by any of [Disaster Declaration #16710 and #16711; the following methods: Oregon Disaster Number OR–00111] SUMMARY: This is an amendment of the Presidential declaration of a major Electronic Comments Presidential Declaration Amendment of disaster for the State of Oregon (FEMA– • Use the Commission’s internet a Major Disaster for Public Assistance 4562–DR), dated 09/15/2020. Only for the State of Oregon comment form (http://www.sec.gov/ Incident: Wildfires and Straight-line rules/sro.shtml); or AGENCY: U.S. Small Business Winds. • Send an email to rule-comments@ Administration. Incident Period: 09/07/2020 and sec.gov. Please include File Number SR– ACTION: Amendment 1. continuing. NYSEArca–2020–98 on the subject line. SUMMARY: This is an amendment of the DATES: Issued on 11/14/2020. Paper Comments Presidential declaration of a major • Physical Loan Application Deadline Send paper comments in triplicate disaster for Public Assistance Only for Date: 11/30/2020. to: Secretary, Securities and Exchange the State of Oregon (FEMA–4562–DR), Commission, 100 F Street NE, dated 10/20/2020. Economic Injury (EIDL) Loan Washington, DC 20549–1090. Incident: Wildfires and Straight-line Application Deadline Date: 06/15/2021. All submissions should refer to File Winds. ADDRESSES: Submit completed loan Number SR–NYSEArca–2020–98. This Incident Period: 09/07/2020 through applications to: U.S. Small Business file number should be included on the 11/03/2020. Administration, Processing and subject line if email is used. To help the DATES: Issued on 11/16/2020. Disbursement Center, 14925 Kingsport Commission process and review your Physical Loan Application Deadline Road, Fort Worth, TX 76155. Date: 12/21/2020. comments more efficiently, please use FOR FURTHER INFORMATION CONTACT: A. only one method. The Commission will Economic Injury (EIDL) Loan Application Deadline Date: 07/20/2021. Escobar, Office of Disaster Assistance, post all comments on the Commission’s U.S. Small Business Administration, internet website (http://www.sec.gov/ ADDRESSES: Submit completed loan applications to: U.S. Small Business 409 3rd Street SW, Suite 6050, rules/sro.shtml). Copies of the Washington, DC 20416, (202) 205–6734. submission, all subsequent Administration, Processing and amendments, all written statements Disbursement Center, 14925 Kingsport SUPPLEMENTARY INFORMATION: The notice with respect to the proposed rule Road, Fort Worth, TX 76155. of the President’s major disaster change that are filed with the FOR FURTHER INFORMATION CONTACT: A. declaration for the State of Oregon, Commission, and all written Escobar, Office of Disaster Assistance, dated 09/15/2020, is hereby amended to communications relating to the U.S. Small Business Administration, extend the deadline for filing proposed rule change between the 409 3rd Street SW, Suite 6050, applications for physical damages as a Commission and any person, other than Washington, DC 20416, (202) 205–6734. result of this disaster to 11/30/2020. those that may be withheld from the SUPPLEMENTARY INFORMATION: The notice All other information in the original public in accordance with the of the President’s major disaster declaration remains unchanged. provisions of 5 U.S.C. 552, will be declaration for Private Non-Profit (Catalog of Federal Domestic Assistance available for website viewing and organizations in the State of Oregon, Number 59008) printing in the Commission’s Public dated 10/20/2020, is hereby amended to Reference Room, 100 F Street NE, establish the incident period for this Cynthia Pitts, Washington, DC 20549 on official disaster as beginning 09/07/2020 and Acting Associate Administrator for Disaster business days between the hours of continuing through 11/03/2020. Assistance. 10:00 a.m. and 3:00 p.m. Copies of the [FR Doc. 2020–25739 Filed 11–20–20; 8:45 am] filing also will be available for 17 17 CFR 200.30–3(a)(12). BILLING CODE 8026–03–P

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SMALL BUSINESS ADMINISTRATION In accordance with the Paperwork • Enhance the quality, utility, and Reduction Act of 1995 and clarity of the information to be [Disaster Declaration #16664 and #16665; Oregon Disaster Number OR–00110] implementing OMB guidance, we are collected. requesting comments on this collection • Minimize the reporting burden on Presidential Declaration Amendment of from all interested individuals and those who are to respond, including the a Major Disaster for the State of organizations. The purpose of this use of automated collection techniques Oregon notice is to allow 60 days for public or other forms of information comment preceding submission of the technology. AGENCY: U.S. Small Business collection to OMB. Please note that comments submitted Administration. DATES: The Department will accept in response to this Notice are public ACTION: Amendment 2. comments from the public up to January record. Before including any detailed 22, 2021. personal information, you should be SUMMARY: This is an amendment of the aware that your comments as submitted, Presidential declaration of a major ADDRESSES: You may submit comments by any of the following methods: including your personal information, disaster for the State of Oregon (FEMA– • will be available for public review. 4562–DR), dated 09/15/2020. Web: Persons with access to the Incident: Wildfires and Straight-line internet may comment on this notice by Abstract of Proposed Collection Winds. going to www.Regulations.gov. You can search for the document by entering Department of State uses Form DS– Incident Period: 09/07/2020 through 157 (Supplemental SIV Chief of Mission 11/03/2020. ‘‘Docket Number: DOS–2020–0050’’ in the Search field. Then click the Application) in order to facilitate the DATES: Issued on 11/16/2020. ‘‘Comment Now’’ button and complete Chief of Mission approval process Physical Loan Application Deadline the comment form. required for special immigrant visa Date: 11/30/2020. • Email: PRA_BurdenComments@ (SIV) applicants under section 602(b) of Economic Injury (EIDL) Loan state.gov the Afghan Allies Protection Act of 2009 Application Deadline Date: 06/15/2021. You must include the DS form (Pub. L. 111–8). The information ADDRESSES: Submit completed loan number (if applicable), information requested on the form is limited to that applications to: U.S. Small Business collection title, and the OMB control which the Chief of Mission uses to Administration, Processing and number in any correspondence. evaluate eligibility of SIV applicants. The DS–157 is only used by Afghan SIV Disbursement Center, 14925 Kingsport FOR FURTHER INFORMATION CONTACT: applicants for Chief of Mission Road, Fort Worth, TX 76155. Direct requests for additional approval. FOR FURTHER INFORMATION CONTACT: A. information regarding the collection Escobar, Office of Disaster Assistance, listed in this notice, including requests Methodology U.S. Small Business Administration, for copies of the proposed collection Applicants are required to complete 409 3rd Street SW, Suite 6050, instrument and supporting documents, the DS–157, along with other required Washington, DC 20416, (202) 205–6734. to Megan Herndon at 202–485–7586 or _ documentation, and to submit their SUPPLEMENTARY INFORMATION: The notice PRA [email protected]. package to the appropriate SIV email of the President’s major disaster SUPPLEMENTARY INFORMATION: address. declaration for the State of Oregon, • Title of Information Collection: dated 09/15/2020, is hereby amended to Supplemental SIV Chief of Mission Edward Ramotowski, establish the incident period for this Application. Deputy Assistant Secretary, Bureau of disaster as beginning 09/07/2020 and • OMB Control Number: 1405–0134. Consular Affairs, Department of State. continuing through 11/03/2020. • Type of Request: Extension of a [FR Doc. 2020–25811 Filed 11–20–20; 8:45 am] All other information in the original Currently Approved Collection. BILLING CODE 4710–06–P declaration remains unchanged. • Originating Office: Bureau of Consular Affairs, Visa Office (CA/VO). (Catalog of Federal Domestic Assistance • Number 59008) Form Number: DS–157. DEPARTMENT OF TRANSPORTATION • Respondents: Afghan Special Cynthia Pitts, Immigrant Visa Applicants. Federal Aviation Administration Acting Associate Administrator for Disaster • Estimated Number of Respondents: [Docket No. FAA–2020–1093] Assistance. 4,344. • [FR Doc. 2020–25746 Filed 11–20–20; 8:45 am] Estimated Number of Responses: Agency Information Collection BILLING CODE 8026–03–P 4,344. Activities: Requests for Comments; • Average Time per Response: 1 hour. • Clearance of Renewed Approval of Total Estimated Burden Time: 4,344 Information Collection: Commercial Air DEPARTMENT OF STATE hours. • Tour Limitations in the Grand Canyon Frequency: Once per respondent. National Park Special Flight Rules Area [Public Notice 11258] • Obligation to Respond: Required to 60-Day Notice of Proposed Information Obtain or Retain a Benefit. AGENCY: Federal Aviation Collection: Supplemental SIV Chief of We are soliciting public comments to Administration (FAA), DOT. permit the Department to: ACTION: Notice and request for Mission Application • Evaluate whether the proposed comments. ACTION: Notice of request for public information collection is necessary for comment. the proper functions of the Department. SUMMARY: In accordance with the • Evaluate the accuracy of our Paperwork Reduction Act of 1995, FAA SUMMARY: The Department of State is estimate of the time and cost burden for invites public comments about our seeking Office of Management and this proposed collection, including the intention to request the Office of Budget (OMB) approval for the validity of the methodology and Management and Budget (OMB) information collection described below. assumptions used. approval to renew an information

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collection. The FAA will use the Issued in Washington, DC, on November The percentage of avoidable and fully information it collects and reviews to 18, 2020. allocated operating costs covered by monitor compliance with the Sandra L. Ray, passenger revenues on each route; regulations regarding air tours in the Aviation Safety Inspector, FAA, Policy ridership per train mile operated; Grand Canyon National Park. Integration Branch, AFS–270. measures of on-time performance and DATES: Written comments should be [FR Doc. 2020–25790 Filed 11–20–20; 8:45 am] delays incurred by intercity passenger submitted by January 22, 2021. BILLING CODE 4910–13–P trains on the rail lines of each rail carrier; and, for long-distance routes, ADDRESSES: Please send written measures of connectivity with other comments: DEPARTMENT OF TRANSPORTATION routes in all regions currently receiving By Electronic Docket: Amtrak service and the transportation www.regulations.gov (Enter docket Federal Railroad Administration needs of communities and populations number into search field) [Docket No. FRA–2020–0027–N–34] that are not well-served by other forms By mail: Sandra Ray, Federal Aviation of intercity transportation. Administration, Policy Integration Agency Request for Emergency Section 207 also provides that the Branch, AFS–270, 1187 Thorn Run Processing of Collection of FRA Administrator must collect the Road, Suite 200, Coraopolis, PA Information by the Office of necessary data and publish a quarterly 15108 Management and Budget report on the performance and service By fax: 412–239–3063 AGENCY: Federal Railroad quality of intercity passenger train FOR FURTHER INFORMATION CONTACT: Administration (FRA), Department of operations, including Amtrak’s cost Monica Buenrostro by email at: Transportation (DOT). recovery, ridership, on-time [email protected]; phone: ACTION: Notice. performance and minutes of delay, 202–267–3859 causes of delay, on-board services, SUMMARY: Consistent with the stations, facilities, equipment, and other SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995 and services. Public Comments Invited: You are its implementing regulations, this In connection with the Congressional asked to comment on any aspect of this document provides notice that FRA is mandate, FRA’s Metrics and Minimum information collection, including (a) submitting the following Information Standards for Intercity Passenger Rail Whether the proposed collection of Collection Request to the Office of Service final rule 1 sets forth a number information is necessary for FAA’s Management and Budget (OMB) to of metrics. This emergency information performance; (b) the accuracy of the collect information on ridership data request is for only two (2) of those estimated burden; (c) ways for FAA to and certified schedule metrics as metrics. A separate information enhance the quality, utility and clarity required by the recently issued final collection request will be published at of the information collection; and (d) rule on Metrics and Minimum a later date, covering all information ways that the burden could be Standards for Intercity Passenger Rail collections required under the final rule, minimized without reducing the quality Service. FRA requests emergency which includes Amtrak reporting data of the collected information. The agency processing and OMB authorization to to FRA associated with a total 17 of will summarize and/or include your collect the information after publication these metrics on a quarterly basis and 4 comments in the request for OMB’s of this Notice for a period of six (6) on an annual basis. clearance of this information collection. months. As provided under 5 CFR 1320.13, OMB Control Number: 2120–0653. FOR FURTHER INFORMATION CONTACT: Ms. FRA is requesting emergency processing Title: Commercial Air Tour Kim Toone, Information Collection for Section 273.5(b) Ridership data Limitations in the Grand Canyon Clearance Officer, by email: metrics and 273.5(c) Certified schedule National Park Special Flight Rules Area. [email protected] or by telephone: metrics. FRA cannot reasonably comply Form Numbers: OMB 2120–0693. (202) 493–6192. with normal clearance procedures since Type of Review: Renewal of an SUPPLEMENTARY INFORMATION: On they would be reasonably likely to information collection. October 16, 2008, President George W. disrupt the function of the rule. As Background: Each operator seeking to Bush signed the Passenger Rail required by 49 CFR part 273, Section obtain or in possession of an air carrier Investment and Improvement Act of 273.5(b), Amtrak is expected to begin operating certificate is mandated to 2008, Public Law 110–432, 122 Stat. reporting to FRA on the Ridership data comply with the requirements of 14 CFR 4907 (PRIIA) into law. Section 207 of metric in December 2020 and then by part 135 or part 121, as appropriate. PRIIA requires FRA and Amtrak jointly the 15th day of each month thereafter. Thus, each of these operators to develop new or improved metrics and As required by 49 CFR 273, Section conducting air tours in the Grand minimum standards for measuring the 273.5(c), Amtrak is also expected to Canyon National Park is mandated to performance and service quality of begin reporting to FRA on the Certified comply with the collection intercity passenger train operations, schedule metric on December 16, 2020, requirements for that airspace. The FAA including cost recovery, on-time and then subsequently report monthly will use the information it collects and performance and minutes of delay, for six months, again in November 2021, reviews to evaluate compliance with the ridership, on-board services, stations, and then every 12 months thereafter. regulations and, if necessary, take facilities, equipment, and other services. Therefore, FRA cannot wait the typical enforcement action against violators of Section 207 also calls for consultation 60-day period for public comment. the regulations. with the Surface Transportation Board, Accordingly, FRA is requesting OMB Respondents: 13. rail carriers over whose rail lines approval as soon as possible (i.e., 5 Frequency: Quarterly. Amtrak trains operate, States, Amtrak business days after publication of this Estimated Average Burden per employees, and groups representing Notice) for this collection of Response: 48 Hours. Amtrak passengers, as appropriate. information. Estimated Total Annual Burden: Section 207 further provides that the $3,272.00. metrics, at a minimum, must include: 1 85 FR 72971.

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The associated collection of Title: Metrics and Minimum Reporting Burden: information is summarized below. Standards for Intercity Passenger Rail Service.

Average time CFR section Respondent Total annual per Total annual burden hours Total cost universe responses responses equivalent 2 (hour)

273.5(b)—Ridership 1 railroad ...... 12 1 22 hours (10 hour start-up burden + aver- $1,704 data. age response time). 273.5(c)—Certified 1 railroad ...... 7 1 27 hours (20 hour start-up burden + aver- 2,092 schedule. age response time).

Total ...... 1 railroad ...... 19 1 49 hours ...... 3,796

Reduction Act of 1995 (PRA), the OCC, with the proposed revisions to the Form Numbers: n/a. the Board, and the FDIC (the agencies) reporting forms and instructions for the Respondent Universe: 1 (Amtrak). may not conduct or sponsor, and the Call Reports, FFIEC 101, and FFIEC 002 Frequency of Submission: varied; respondent is not required to respond with certain modifications. The monthly; yearly. to, an information collection unless it SUPPLEMENTARY INFORMATION section Total Annual Responses: 19. displays a currently valid Office of also discusses certain Call Report Total Estimated Annual Burden: 49 Management and Budget (OMB) control instructional clarifications. hours. number. On July 22, 2020, the agencies, The agencies hereby give notice of Total Cost Equivalent: $3,796. under the auspices of the Federal their plan to submit to OMB a request Under 44 U.S.C. 3507(a) and 5 CFR Financial Institutions Examination to approve the revision and extension of 1320.5(b) and 1320.8(b)(3)(vi), FRA Council (FFIEC), requested public these information collections, and again informs all interested parties that a comment for 60 days on a proposal to invite comment on the renewal. respondent is not required to respond revise and extend the Consolidated DATES: Comments must be submitted on to, conduct or sponsor a collection of Reports of Condition and Income (Call or before December 23, 2020. information unless it displays a Reports) (FFIEC 031, FFIEC 041, and ADDRESSES: Interested parties are currently valid OMB control number. FFIEC 051) and the Regulatory Capital invited to submit written comments to Reporting for Institutions Subject to the Authority: 44 U.S.C. 3501–3520. any or all of the agencies. All comments, Advanced Capital Adequacy Framework which should refer to the ‘‘Call Report, Brett A. Jortland, (FFIEC 101), which are currently FFIEC 101, and FFIEC 002 Revisions,’’ Deputy Chief Counsel. approved collections of information. will be shared among the agencies. [FR Doc. 2020–25835 Filed 11–20–20; 8:45 am] In the July 2020 notice, the Board, Written comments and BILLING CODE 4910–06–P under the auspices of the FFIEC, also recommendations for the proposed requested public comment for 60 days information collections should be sent on a proposal to revise and extend the within 30 days of publication of this DEPARTMENT OF THE TREASURY Report of Assets and Liabilities of U.S. notice to www.reginfo.gov/public/do/ Branches and Agencies of Foreign Banks PRAMain. You may find these particular Office of the Comptroller of the (FFIEC 002) and the Report of Assets information collections by selecting Currency and Liabilities of a Non-U.S. Branch that ‘‘Currently under 30-day Review—Open is Managed or Controlled by a U.S. for Public Comments’’ or by using the FEDERAL RESERVE SYSTEM Branch or Agency of a Foreign (Non- search function. U.S.) Bank (FFIEC 002S), which also are OCC: You may submit comments, FEDERAL DEPOSIT INSURANCE currently approved collections of which should refer to ‘‘Call Report, CORPORATION information. The Board published this FFIEC 101, and FFIEC 002 Revisions,’’ proposal on behalf of the agencies. by any of the following methods: Agency Information Collection Finally, on October 4, 2019, the • Email: [email protected]. Activities; Submission for OMB agencies, under the auspices of the • Mail: Chief Counsel’s Office, Office Review; Comment Request FFIEC, requested public comment for 60 of the Comptroller of the Currency, days on proposed Call Report and FFIEC Attention: 1557–0081 and 1557–0239, AGENCY: Office of the Comptroller of the 101 revisions to implement the 400 7th Street SW, Suite 3E–218, Currency (OCC), Treasury; Board of agencies’ proposed total loss absorbing Washington, DC 20219. Governors of the Federal Reserve capacity (TLAC) investments rule for • Hand Delivery/Courier: 400 7th System (Board); and Federal Deposit advanced approaches banking Street SW, Suite 3E–218, Washington, Insurance Corporation (FDIC). organizations. DC 20219. ACTION: Joint notice and request for The comment period for the July 2020 Instructions: You must include comment. notice ended on September 21, 2020. ‘‘OCC’’ as the agency name and ‘‘1557– The comment period for the October 0081 and 1557–0239’’ in your comment. SUMMARY: In accordance with the 2019 notice ended on December 3, 2019, In general, the OCC will publish requirements of the Paperwork and the agencies subsequently adopted comments on www.reginfo.gov without a TLAC investments final rule. As change, including any business or 2 The total cost equivalent is derived from the described in the SUPPLEMENTARY personal information provided, such as Surface Transportation Board’s Full Year Wage A&B INFORMATION data series using the appropriate employee group section, after considering name and address information, email hourly wage rate that includes a 75-percent the comments received on the two addresses, or phone numbers. overhead charge. notices, the agencies are proceeding Comments received, including

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attachments and other supporting Follow the instructions for submitting II. Current Actions materials, are part of the public record comments on the FDIC’s website. A. Introduction and subject to public disclosure. Do not • Federal eRulemaking Portal: B. Comments Received on the July 2020 include any information in your https://www.regulations.gov. Follow the Proposed Call Report, FFIEC 101, and FFIEC 002 Revisions comment or supporting materials that instructions for submitting comments. • 1. Board Regulation D Amendments you consider confidential or Email: [email protected]. 2. Provisions for Credit Losses on Off- inappropriate for public disclosure. Include ‘‘Call Report, FFIEC 101, and Balance-Sheet Credit Exposures You may review comments and other FFIEC 002 Revisions’’ in the subject line 3. Other Comments Received related materials that pertain to this of the message. C. Comments Received on Revisions information collection beginning on the • Mail: Manuel E. Cabeza, Counsel, Related to the Total Loss Absorbing date of publication of the second notice Attn: Comments, Room MB–3128, Capacity Investments Rule for this collection by the following Federal Deposit Insurance Corporation, D. Additional Instructional Matters method: 550 17th Street NW, Washington, DC 1. Uncollectible Accrued Interest Receivable Under ASC Topic 326 • Viewing Comments Electronically: 20429. • 2. Shared Fees and Commissions From Go to www.reginfo.gov. Click on the Hand Delivery: Comments may be Securities-Related and Insurance ‘‘Information Collection Review’’ tab. hand delivered to the guard station at Activities Underneath the ‘‘Currently under the rear of the 550 17th Street Building 3. Pledged Equity Securities Review’’ section heading, from the drop- (located on F Street) on business days III. Timing down menu select ‘‘Department of between 7:00 a.m. and 5:00 p.m. IV. Request for Comment • Public Inspection: All comments Treasury’’ and then click ‘‘submit.’’ This I. Affected Reports information collection can be located by received will be posted without change searching by OMB control number to https://www.fdic.gov/regulations/ The proposed changes discussed ‘‘1557–0081’’ or ‘‘1557–0239.’’ Upon laws/federal/ including any personal below affect the Call Reports, FFIEC finding the appropriate information information provided. Paper copies of 101, and FFIEC 002. collection, click on the related ‘‘ICR public comments may be requested from A. Call Reports Reference Number.’’ On the next screen, the FDIC Public Information Center by select ‘‘View Supporting Statement and telephone at (877) 275–3342 or (703) The agencies propose to extend for Other Documents’’ and then click on the 562–2200. three years, with revision, the Call link to any comment listed at the bottom Additionally, commenters may send a Reports. of the screen. copy of their comments to the OMB Report Title: Consolidated Reports of • For assistance in navigating desk officers for the agencies by mail to Condition and Income. www.reginfo.gov, please contact the the Office of Information and Regulatory Form Number: FFIEC 031 Regulatory Information Service Center Affairs, U.S. Office of Management and (Consolidated Reports of Condition and at (202) 482–7340. Budget, New Executive Office Building, Income for a Bank with Domestic and Foreign Offices), FFIEC 041 Board: You may submit comments, Room 10235, 725 17th Street NW, (Consolidated Reports of Condition and which should refer to ‘‘Call Report, Washington, DC 20503; by fax to (202) Income for a Bank with Domestic FFIEC 101, and FFIEC 002 Revisions,’’ 395–6974; or by email to oira_ Offices Only), and FFIEC 051 by any of the following methods: [email protected]. (Consolidated Reports of Condition and • Agency Website: http:// FOR FURTHER INFORMATION CONTACT: For Income for a Bank with Domestic www.federalreserve.gov. Follow the further information about the proposed Offices Only and Total Assets Less Than instructions for submitting comments at: revisions to the information collections $5 Billion). http://www.federalreserve.gov/ discussed in this notice, please contact Frequency of Response: Quarterly. generalinfo/foia/ProposedRegs.cfm. any of the agency staff whose names Affected Public: Business or other for- • Email: regs.comments@ appear below. In addition, copies of the profit. federalreserve.gov. Include ‘‘Call Report, report forms for the Call Reports, FFIEC Type of Review: Revision and FFIEC 101, and FFIEC 002 Revisions’’ in 101, FFIEC 002, and FFIEC 002S can be extension of currently approved the subject line of the message. obtained at the FFIEC’s website (https:// collections. • Fax: (202) 452–3819 or (202) 452– www.ffiec.gov/ffiec_report_forms.htm). 3102. OCC: Kevin Korzeniewski, Counsel, OCC • Mail: Ann E. Misback, Secretary, Chief Counsel’s Office, (202) 649–5490, OMB Control No.: 1557–0081. Board of Governors of the Federal or for persons who are deaf or hearing Estimated Number of Respondents: Reserve System, 20th Street and impaired, TTY, (202) 649–5597. 1,111 national banks and federal savings Constitution Avenue NW, Washington, Board: Nuha Elmaghrabi, Federal associations. DC 20551. Reserve Board Clearance Officer, (202) Estimated Average Burden per All public comments are available on 452–3884, Office of the Chief Data Response: 41.92 burden hours per the Board’s website at https:// Officer, Board of Governors of the quarter to file. www.federalreserve.gov/apps/foia/ Federal Reserve System, 20th and C Estimated Total Annual Burden: proposedregs.aspx as submitted, unless Streets NW, Washington, DC 20551. 186,292 burden hours to file. modified for technical reasons. Telecommunications Device for the Deaf Accordingly, your comments will not be (TDD) users may call (202) 263–4869. Board edited to remove any identifying or FDIC: Manuel E. Cabeza, Counsel, OMB Control No.: 7100–0036. contact information. (202) 898–3767, Legal Division, Federal Estimated Number of Respondents: FDIC: You may submit comments, Deposit Insurance Corporation, 550 17th 739 state member banks. which should refer to ‘‘Call Report, Street NW, Washington, DC 20429. Estimated Average Burden per FFIEC 101, and FFIEC 002 Revisions,’’ SUPPLEMENTARY INFORMATION: Response: 45.40 burden hours per by any of the following methods: quarter to file. • Agency Website: https:// Table of Contents Estimated Total Annual Burden: www.fdic.gov/regulations/laws/federal/. I. Affected Reports 134,202 burden hours to file.

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FDIC lower than expected percentage of new administering federal deposit insurance. OMB Control No.: 3064–0052. FFIEC 051 filers resulted in an increase Call Reports are the source of the most Estimated Number of Respondents: in estimated burden for the FFIEC 041 current statistical data available for 3,263 insured state nonmember banks and a decrease in estimated burden for identifying areas of focus for on-site and and state savings associations. the FFIEC 051. Third, the agencies off-site examinations. Among other Estimated Average Burden per reduced the estimated number of purposes, the agencies use Call Report Response: 39.96 burden hours per qualifying institutions that were data in evaluating institutions’ corporate quarter to file. expected to opt into the community applications, including interstate merger Estimated Total Annual Burden: bank leverage ratio (CBLR) framework and acquisition applications for which 521,558 burden hours to file. for reporting regulatory capital in the the agencies are required by law to The estimated average burden hours Call Reports. The agencies previously determine whether the resulting collectively reflect the estimates for the expected up to three fifths of institution would control more than 10 FFIEC 051, the FFIEC 041, and the institutions with total assets of less than percent of the total amount of deposits FFIEC 031 reports for each agency. $10 billion would opt into this of insured depository institutions in the When the estimates are calculated by simplified capital framework, while United States. Call Report data also are type of report across the agencies, the only two fifths of institutions of this size used to calculate institutions’ deposit estimated average burden hours per actually reported under the CBLR insurance assessments and national quarter are 35.27 (FFIEC 051), 55.20 framework as of June 30, 2020. The banks’ and federal savings associations’ (FFIEC 041), and 85.81 (FFIEC 031), lower than expected percentage of semiannual assessment fees. institutions opting into the CBLR using data from the June 30, 2020, Call B. FFIEC 101 framework, and the larger than expected Reports. The estimated burden hours for The agencies propose to extend for the currently approved reports, which percentage continuing to report under the agencies’ risk-based capital three years, with revision, the FFIEC are based on data as of December 31, framework, contributed to an increase in 101 report. 2019, are 37.62 (FFIEC 051), 51.02 estimated burden for both the FFIEC 041 Report Title: Risk-Based Capital (FFIEC 041), and 96.30 (FFIEC 031). and FFIEC 051 versions of the Call Reporting for Institutions Subject to the These burden estimates reflect the Report. Advanced Capital Adequacy effects of the Call Report revisions The estimated burden per response Framework. related to COVID–19 included in the for the quarterly filings of the Call Form Number: FFIEC 101. agencies’ emergency clearance requests Report is an average that varies by Frequency of Response: Quarterly. that were approved by OMB in the agency because of differences in the Affected Public: Business or other for- second quarter of 2020 and composition of the institutions under profit. subsequently included in the July 2020 each agency’s supervision (e.g., size OCC notice. Thus, the effects of the other distribution of institutions, types of OMB Control No.: 1557–0239. revisions included in this notice related activities in which they are engaged, to U.S. GAAP, international remittance Estimated Number of Respondents: 5 and existence of foreign offices). national banks and federal savings transfers, and TLAC investments, Type of Review: Extension and together with the use of June 30, 2020, associations. revision of currently approved Estimated Time per Response: 674 data for estimating burden, results in an collections. increase (decrease) in estimated average burden hours per quarter to file for burden hours per quarter by type of Legal Basis and Need for Collections banks and federal savings associations. Estimated Total Annual Burden: report of (2.35) (FFIEC 051), 4.18 (FFIEC The Call Report information 13,480 burden hours to file. 041), and (10.49) (FFIEC 031) since collections are mandatory: 12 U.S.C. 161 OMB’s most recent approval of Call (national banks), 12 U.S.C. 324 (state Board Report revisions. member banks), 12 U.S.C. 1817 (insured OMB Control No.: 7100–0319. The changes in estimated burden state nonmember commercial and Estimated Number of Respondents: 4 primarily are due to three factors. First, savings banks), and 12 U.S.C. 1464 state member banks; 5 bank holding the burden estimates in this notice (federal and state savings associations). companies and savings and loan incorporate a decrease of approximately At present, except for selected data holding companies that complete 100 in the number of institutions that items and text, these information Supplementary Leverage Ratio (SLR) file Call Reports used in the agencies’ collections are not given confidential Tables 1 and 2 only; 9 other bank last estimates that were submitted to treatment. holding companies and savings and OMB. Second, the agencies reduced Banks and savings associations loan holding companies; and 6 their prior estimates of the number of submit Call Report data to the agencies intermediate holding companies. institutions that were expected to file each quarter for the agencies’ use in Estimated Time per Response: 674 the FFIEC 051 Call Report after monitoring the condition, performance, burden hours per quarter to file for state expanding the eligibility for this version and risk profile of individual member banks; 3 burden hours per of the Call Report to institutions with institutions and the industry as a whole. quarter to file for bank holding between $1 billion and $5 billion in Call Report data serve a regulatory or companies and savings and loan total assets. The agencies originally public policy purpose by assisting the holding companies that complete expected about four fifths of newly agencies in fulfilling their shared Supplementary Leverage Ratio (SLR) eligible institutions to choose to file the missions of ensuring the safety and Tables 1and 2 only; 677 burden hours FFIEC 051, while the actual adoption soundness of financial institutions and per quarter to file for other bank holding rate as of June 30, 2020, was the financial system and protecting companies and savings and loan significantly lower at less than one third consumer financial rights, as well as holding companies; and 3 burden hours of newly eligible institutions. Newly agency-specific missions affecting per quarter to file for intermediate eligible institutions that chose not to file national and state-chartered institutions, holding companies. the streamlined FFIEC 051 continued to such as conducting monetary policy, Estimated Total Annual Burden: file the more detailed FFIEC 041, so the ensuring financial stability, and 10,784 burden hours for state member

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banks to file; 60 burden hours for bank supplementary leverage ratio, as FFIEC 002 that collects information on holding companies and savings and applicable, on individual reporting assets and liabilities of any non-U.S. loan holding companies that complete entities and on an industry-wide basis branch that is managed or controlled by Supplementary Leverage Ratio (SLR) and its competitive implications; and to a U.S. branch or agency of the foreign Tables 1 and 2 only to file; 24,372 supplement on-site examination bank. A non-U.S. branch is managed or burden hours for other bank holding processes. The reporting schedules also controlled by a U.S. branch or agency if companies and savings and loan assist advanced approaches institutions a majority of the responsibility for holding companies to file; and 72 and top-tier Category III institutions in business decisions, including but not burden hours for intermediate holding understanding expectations relating to limited to decisions with regard to companies to file. the system development necessary for lending or asset management or funding implementation and validation of the or liability management, or the FDIC Advanced Capital Adequacy Framework responsibility for recordkeeping in OMB Control No.: 3064–0159. and the supplementary leverage ratio, as respect of assets or liabilities for that Estimated Number of Respondents: 1 applicable. Submitted data that are foreign branch resides at the U.S. branch insured state nonmember bank and state released publicly will also provide other or agency. A separate FFIEC 002S must savings association. interested parties with additional be completed for each managed or Estimated Time per Response: 674 information about advanced approaches controlled non-U.S. branch. The FFIEC burden hours per quarter to file. institutions’ and top-tier Category III 002S must be filed quarterly along with Estimated Total Annual Burden: institutions’ regulatory capital. the U.S. branch or agency’s FFIEC 002. 2,696 burden hours to file. These information collections are Type of Review: Extension and C. FFIEC 002 and 002S mandatory (12 U.S.C. 3105(c)(2), revision of currently approved The Board proposes to extend for 1817(a)(1) and (3), and 3102(b)). Except collections. three years, with revision, the FFIEC for select sensitive items, the FFIEC 002 Legal Basis and Need for Collections 002 and FFIEC 002S reports. is not given confidential treatment; the Report Titles: Report of Assets and FFIEC 002S is given confidential Each advanced approaches Liabilities of U.S. Branches and treatment (5 U.S.C. 552(b)(4) and (8)). 1 institution is required to report Agencies of Foreign Banks; Report of The data from both reports are used for quarterly regulatory capital data on the Assets and Liabilities of a Non-U.S. (1) monitoring deposit and credit FFIEC 101. Each top-tier advanced Branch that is Managed or Controlled by transactions of U.S. residents; (2) approaches institution and top-tier a U.S. Branch or Agency of a Foreign monitoring the impact of policy 2 Category III institution is required to (Non-U.S.) Bank. changes; (3) analyzing structural issues report supplementary leverage ratio Form Numbers: FFIEC 002; FFIEC concerning foreign bank activity in U.S. information on the FFIEC 101. The 002S. markets; (4) understanding flows of FFIEC 101 information collections are OMB Control Number: 7100–0032. banking funds and indebtedness of mandatory for advanced approaches and Frequency of Response: Quarterly. developing countries in connection with top-tier Category III institutions: 12 Affected Public: Business or other for- data collected by the International U.S.C. 161 (national banks), 12 U.S.C. profit. Monetary Fund and the Bank for 324 (state member banks), 12 U.S.C. Respondents: All state-chartered or International Settlements that are used 1844(c) (bank holding companies), 12 federally-licensed U.S. branches and in economic analysis; and (5) assisting U.S.C. 1467a(b) (savings and loan agencies of foreign banking in the supervision of U.S. offices of holding companies), 12 U.S.C. 1817 organizations, and all non-U.S. branches foreign banks. The Federal Reserve (insured state nonmember commercial managed or controlled by a U.S. branch System collects and processes these and savings banks), 12 U.S.C. 1464 or agency of a foreign banking reports on behalf of all three agencies. (federal and state savings associations), organization. and 12 U.S.C. 1844(c), 3106, and 3108 Estimated Number of Respondents: II. Current Actions (intermediate holding companies). FFIEC 002—209; FFIEC 002S—38. A. Introduction Certain data items in this information Estimated Average Burden per collection are given confidential Response: FFIEC 002—24.87 hours; On July 22, 2020, the agencies treatment under 5 U.S.C. 552(b)(4) and FFIEC 002S—6.0 hours. proposed revisions to the Call Reports, (8). Estimated Total Annual Burden: FFIEC 101, and FFIEC 002 related to The agencies use data reported in the FFEIC 002—20,791 hours; FFIEC 002S— interim final rules and a final rule FFIEC 101 to assess and monitor the 912 hours. issued in response to disruptions related levels and components of each reporting Type of Review: Revision of currently to COVID–19 that revise the agencies’ entity’s applicable capital requirements approved collections. capital rule, the Board’s regulations on reserve requirements and insider loans, and the adequacy of the entity’s capital Legal Basis and Need for Collection under the Advanced Capital Adequacy and the FDIC’s deposit insurance Framework 3 and the supplementary On a quarterly basis, all U.S. branches assessment regulations. The proposed leverage ratio,4 as applicable; to and agencies of foreign banks are revisions also resulted from certain evaluate the impact of the Advanced required to file the FFIEC 002, which is sections of the Coronavirus Aid, Relief, Capital Adequacy Framework and the a detailed report of condition with a and Economic Security Act (CARES variety of supporting schedules. This Act). The agencies received emergency 1 12 CFR 3.100(b) (OCC); 12 CFR 217.100(b) information is used to fulfill the approvals from OMB to implement (Board); 12 CFR 324.100(b) (FDIC). supervisory and regulatory requirements these revisions as of the March 31, June 2 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR of the International Banking Act of 30, or September 30, 2020, report dates. 324.2 (FDIC). 1978. The data are also used to augment In addition, the agencies proposed 3 12 CFR part 3, subpart E (OCC); 12 CFR part 217, the bank credit, loan, and deposit changes to the Call Reports and the subpart E (Board); 12 CFR part 324, subpart E (FDIC). information needed for monetary policy FFIEC 002 related to U.S. GAAP in the 4 12 CFR 3.10(c)(4) (OCC); 12 CFR 217.10(c)(4) and other public policy purposes. The July 2020 notice. Further, the agencies (Board); 12 CFR 324.10(c)(4) (FDIC). FFIEC 002S is a supplement to the proposed revisions to the Call Reports

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in that notice to reflect the expiration of assets with similar risk characteristics 204) 11 that deletes the numeric limits the temporary exception for estimated that includes charged-off assets by the on transfers and withdrawals that may disclosures on international remittance estimated amount of expected be made each month from the definition transfers and certain amendments to the recoveries of amounts written off on of ‘‘savings deposits.’’ The agencies also Remittance Rule (12 CFR 1005.30 et these assets. Upon further proposed to make the same changes seq.) recently finalized by the Consumer consideration, the agencies have related to the Regulation D amendments Financial Protection Bureau (Bureau),5 decided to limit the collection of this to the FFIEC 002. which is a member of the FFIEC. proposed Memorandum item to the The commenter suggested aligning the The comment period for the July 2020 FFIEC 031 and FFIEC 041, and not to changes to the Call Report with the notice ended on September 21, 2020. add this Memorandum item to the Board’s proposed changes to the FR The agencies received comments on the streamlined FFIEC 051, which has 2900, Report of Transaction Accounts, proposed reporting changes covered in reduced reporting requirements in Other Deposits and Vault Cash.12 The the notice from two entities: A banking relation to the other two versions of the commenter noted that the proposed trade association and a U.S. government Call Report. changes to the FR 2900 would agency. In Section II.B, the agencies On October 4, 2019, the agencies consolidate the reporting of ATS provide more detail on the comments published a 60-day PRA Federal accounts, NOW accounts/share drafts, received and the changes the agencies Register notice 8 for public comment on and telephone and preauthorized are making in response to those proposed revisions to the Call Reports transfer accounts together with total comments. and the FFIEC 101 that would savings deposits (including MMDAs) in While most of the interim final rules implement various changes to the a new data item, ‘‘Other liquid were finalized as proposed, there were agencies’ regulatory capital rule that, as deposits.’’ In addition, for data items limited revisions to the Regulatory of that date, the agencies had finalized collected annually on the FR 2900 for Capital Rule: Revised Transition for the the June 30 report date, the report has or were considering finalizing. The Current Expected Credit Losses been streamlined to collect only the data notice included proposed reporting Methodology for Allowances, published items needed for the reserve revisions resulting from the proposed in the Federal Register on March 27, requirement exemption amount and low TLAC investments rule. The agencies 2020 (CECL interim final rule).6 In the reserve tranche that combines demand did not proceed with the agencies’ final rule on this subject, deposits, NOW accounts, ATS accounts, implementation of the TLAC-related published in the Federal Register on telephone and preauthorized transfer reporting changes in January 2020 when September 30, 2020,7 banking accounts together with savings deposits they finalized the other capital-related organizations that ‘‘early adopted’’ the in a new data item, ‘‘New Transaction current expected credit losses (CECL) reporting changes included in the 9 Accounts.’’ In contrast, the Call Report methodology during 2020 were October 2019 notice, as the agencies will continue to require institutions to permitted to also use the 5-year 2020 had not yet adopted a TLAC report transaction and nontransaction CECL transition. Therefore, to be investments final rule. accounts separately in Schedule RC–E. consistent with the final rule, the On October 20, 2020, the TLAC The agencies note that the FR 2900 agencies will clarify the instructions to investments rule was finalized.10 The and Call Report serve two separate address these banking organizations’ associated capital-related reporting purposes. The primary purpose of the eligibility for the 5-year 2020 CECL changes proposed in October 2019 along FR 2900 report is to collect data for the transition and are proceeding with the with the agencies’ responses to the construction of the monetary aggregates. other CECL-related regulatory capital comments received on the proposed Although the Call Report can aid in the reporting revisions as proposed. reporting revisions are discussed in construction of the monetary aggregates For institutions that have adopted section II.C below. After carefully by utilizing deposit data collected on a Accounting Standards Codification considering the comments received on quarterly basis, its primary purpose is to (ASC) Topic 326, Financial the TLAC investments portion of the serve as the principal source of financial Instruments—Credit Losses, the October 2019 notice, the agencies are of data used for the supervision and agencies proposed in the July 2020 adopting the reporting changes regulation of individual banks and notice to add new Memorandum item 8 proposed in that notice with the savings associations and for monitoring to Schedule RI–B, Part II, Changes in modifications discussed in Section II.C the condition and performance of the Allowances for Credit Losses, to all of this notice. banking industry. As such, the Call Report requires data to be reported on three versions of the Call Report. This B. Comments Received on July 2020 a more granular level than the FR 2900 Memorandum item would capture the Proposed Call Report, FFIEC 101, and report requires. Furthermore, section ‘‘Estimated amount of expected FFIEC 002 Revisions recoveries of amounts previously 7(a)(5) of the Federal Deposit Insurance written off included within the 1. Board Regulation D Amendments Act (12 U.S.C. 1817(a)(5)) requires time allowance for credit losses on loans and and savings deposits to be reported The agencies received one comment leases held for investment (included in separately from demand deposits in Call letter from a banking trade association item 7, column A, ‘Balance end of Reports. Therefore, the agencies believe that raised concerns with the proposed current period,’ above).’’ In proposing that even though Call Report Schedule Call Report changes related to the this reporting change, the agencies RC–E will maintain the requirement to Board’s interim final rule amending noted that, under ASC Topic 326, report transaction and nontransaction Regulation D (Reserve Requirements of institutions could, in some accounts separately along with the Depository Institutions, 12 CFR part circumstances, reduce the amount of the demand deposit component of total allowance for credit losses that would transaction accounts and the 8 84 FR 53227 (October 4, 2019). components of total nontransaction otherwise be calculated for a pool of 9 85 FR 4780 (January 27, 2020). accounts, institutions are familiar with 10 See the TLAC investments final rule attached 5 85 FR 34870 (June 5, 2020). to OCC News Release 2020–137, Board Press 6 85 FR 17723 (March 31, 2020). Release, and FDIC Press Release 115–2020, all of 11 85 FR 23445 (April 28, 2020). 7 85 FR 61577 (September 30, 2020). which are dated October 20, 2020. 12 85 FR 54577 (September 2, 2020).

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the existing structure of Schedule RC– proposed assessment criteria for the agencies are not adopting the E and have systems and procedures in treatment of accounts for which the commenter’s suggestion. The agencies place for completing the schedule. transfer limit has been removed. plan to consider whether to require the Accordingly, the agencies do not Instead, institutions that offer valid reporting of provisions for credit losses anticipate that there would be a change retail sweep programs should report on off-balance sheet credit exposures by in Call Report burden resulting from the each component of the retail sweep all institutions that have not adopted retention of these deposit items in arrangement based on the customer ASU 2016–13 as part of provisions for Schedule RC–E. account agreement established by the credit losses in Schedule RI, item 4. If Secondly, the commenter depository institution. Two key criteria the agencies decide to propose this recommended that a depositor’s must be met for a valid retail sweep revision to the Call Report in the future, eligibility to hold a NOW account program. These criteria are: (1) A they would do so through the standard should not be included in the criteria depository institution must establish by assessment to determine the reporting agreement with its customer two PRA notice and comment process. treatment for savings deposits for which distinct, legally separate accounts; and The agencies are proceeding with the the numeric limits on transfers and (2) the swept funds must actually be proposed revision to require institutions withdrawals have been removed. The moved between the customer’s accounts that have adopted ASU 2016–13 to commenter noted that ‘‘if a firm does on the depository institution’s official include provisions for credit losses on not offer NOW accounts, they would be books and records as of the close of off-balance sheet credit exposures in required to report savings deposits as business on the day(s) on which the Schedule RI, item 4, and to separately NOW accounts, ATS accounts, or depository institution intends to report report these provisions in Schedule RI– telephone and preauthorized transfer the funds as being in separate accounts. B, Part II, Memorandum item 7. accounts (and as transaction accounts) Lastly, the commenter requested that based on a depositor’s eligibility to hold the Board confirm that savings deposits 3. Other Comments Received such account’’ and ‘‘for firms that do not or accounts described in 12 CFR offer NOW accounts, the data necessary 204.2(d)(2) would not be subject to The agencies also received comments to determine a depositor’s eligibility for Regulation CC (Availability of Funds on the Call Report that were not NOW accounts would not be readily and Collection of Checks, 12 CFR part specifically related to any of the available.’’ In addition, the commenter 229) as a result of the recent proposed changes. also noted that this reporting treatment amendments to Regulation D. Because The U.S. government agency would be inconsistent with the Regulation CC continues to exclude requested that the agencies expand the Regulation D definition of savings accounts described in 12 CFR level of detail on interest and fee deposits, as NOW account eligibility is 204.2(d)(2) from the Regulation CC income collected in the Call Report on not a component of the definition. The ‘‘account’’ definition, the recent Schedule RI to align with each loan commenter believes gathering the data amendments to Regulation D did not category reported on Schedule RC–C, necessary to distinguish these result in savings deposits or accounts Part I, Loans and Leases. The agencies depositors from other savings account described in 12 CFR 204.2(d)(2) now are declining to make any changes to the holders solely for regulatory reporting being covered by Regulation CC. level of detail on loan income at this purposes would create business and 2. Provisions for Credit Losses on Off- systems challenges. The agencies agree time. The agencies believe the current Balance-Sheet Credit Exposures with the commenter that the depositor’s level of detail strikes the appropriate eligibility to hold a NOW account The banking trade association balance between the information should not be included in the requested that the agencies permit necessary for monitoring the condition assessment criteria for classification as a institutions that have not adopted and performance of individual ‘‘savings deposit’’ as such reporting Accounting Standards Update No. institutions and the industry, as a would not be consistent with the 2016–13, Topic 326, Financial whole, with the effort required by those Regulation D definition of savings Instruments—Credit Losses (ASU 2016– organizations to separately collect and deposits. Therefore, the agencies will 13), to report their provisions for credit report interest and fee income remove the depositor’s eligibility to losses on off-balance sheet credit information by loan category. hold a NOW account from the exposures as part of their provision expense in Schedule RI, item 4, rather The banking trade association assessment criteria. supported the agencies’ actions during Thirdly, the commenter requested than as part of other noninterest clarification on how institutions should expense in Schedule RI, item 7.d. The the COVID–19-related disruptions to report the components of retail sweep agencies proposed to require the permit institutions to electronically sign arrangements in the Call Report. reporting of provisions for credit losses Call Reports and encouraged the Specifically, the commenter asked on off-balance sheet credit exposures in agencies to permanently adopt an whether institutions should continue to Schedule RI, item 4, only for electronic signature option for Call report the nontransaction components institutions that have adopted ASU Report filings. The agencies initially of, or savings deposits in, retail sweep 2016–13. permitted electronic signatures on Call arrangements as nontransaction The agencies do not want to create Reports as an accommodation to accounts. If not, the commenter asked diversity in reporting by allowing some provide institutions flexibility during whether institutions should strictly institutions that have not adopted ASU the COVID–19 disruptions. The agencies follow the proposed assessment criteria 2016–13 to choose to report their are exploring options for the possible for the treatment of accounts where the provisions for credit losses on off- adoption of standard protocols for transfer limit has been removed. The balance sheet credit exposures as part of permitting the use of electronic agencies have modified the description their provision expense in Schedule RI, signatures on Call Reports on a of retail sweep arrangements to remove item 4, while other institutions continue permanent basis. references to transaction and to report their provisions related to off- nontransaction components. Further, balance sheet credit exposures in institutions should not follow the Schedule RI, item 7.d. Therefore, the

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C. Comments Received on Revisions organizations to change reporting Therefore, such data items are only to be Related to the Total Loss Absorbing systems and accurately identify reported on the FR Y–9C and are not Capacity Investments Rule exposures to covered debt instruments being added to the FFIEC 101. for purposes of regulatory reporting. 1. General Comments D. Additional Instructional Matters 2. Comments on FFIEC 101, Schedule A The agencies received comment 1. Uncollectible Accrued Interest letters from two banking trade A commenter remarked that the Receivable Under ASC Topic 326 associations in response to the proposed agencies proposed to add new data item In April 2019, the Financial changes to the Call Reports and the 56.a to Schedule A of the FFIEC 101 to Accounting Standards Board (FASB) FFIEC 101 in the October 2019 notice implement the deduction of covered issued ASU No. 2019–04, ‘‘Codification that would implement the rule changes debt instruments; however, no Improvements to Topic 326, Financial proposed in the TLAC investments analogous data item would be added to Instruments—Credit Losses, Topic 815, notice of proposed rulemaking (NPR).13 Schedule RC–R, Part I, of the Call Derivatives and Hedging, and Topic Commenters requested that any Reports and Schedule HC–R, Part I, of 825, Financial Instruments,’’ which changes to regulatory reporting related the Consolidated Financial Statements amended ASC Topic 326 to allow an to the TLAC investments NPR— for Holding Companies (FR Y–9C).14 institution to make certain accounting including changes to the Call Reports This commenter recommended adding a policy elections for accrued interest and FFIEC 101—be implemented after similar data item to the Call Reports and receivable balances, including a the effective date of the final rule. The FR Y–9C. agencies concur, and are not While Schedule A of the FFIEC 101 separate policy election, at the class of implementing associated changes to collects similar information—capital financing receivable or major security- regulatory reports until the June 30, amounts, capital deductions, and ratios, type level, to charge off any 2021, report date. The TLAC among other items—as Schedule RC–R, uncollectible accrued interest receivable investments final rule’s effective date is Part I, of the Call Reports and Schedule by reversing interest income, April 1, 2021. HC–R, Part I, of the FR Y–9C, the recognizing credit loss expense (i.e., Commenters further requested that information collected is not exactly the provision expense), or a combination of the agencies delay implementation of same. Given that only large and both. The Glossary entry for ‘‘Accrued the proposed changes to the Call internationally active banking Interest Receivable’’ in the Call Report Reports and FFIEC 101 until 18 months organizations complete the FFIEC 101, instructions currently references the after the TLAC investments final rule this form collects more granular following accounting policy elections in becomes effective to provide more time information on capital deductions in ASU 2019–04: • Institutions may elect to separately to modify reporting systems and comparison to the Call Reports and the present accrued interest receivable from identify exposures to ‘‘covered debt FR Y–9C. The addition of item 56.a only the associated financial asset, and the instruments.’’ In addition, commenters on the FFIEC 101 is consistent with accrued interest receivable is presented requested that the agencies not require prior practice. Therefore, in an effort to net of an allowance for credit losses application of the final rule’s deduction minimize regulatory burden on treatment to an exposure to a global (ACL), if any; and reporting forms completed by smaller • Institutions that charge off systemically important banking and less complex banking organizations, uncollectible accrued interest receivable organization until the reporting banking the agencies will not add an analogous in a timely manner, i.e., in accordance organization has the information data item to either the Call Reports or with the Glossary entry for ‘‘Nonaccrual necessary to determine whether such FR Y–9C. For Call Report purposes, as Status,’’ may elect, at the class of exposure qualifies as a ‘‘covered debt proposed in the October 2019 notice, financing receivable or the major instrument.’’ the agencies would revise the security-type level, not to measure an As discussed in the preamble of the instructions for items 11, 17, 24, and 45 TLAC investments final rule, the ACL for accrued interest receivable. of Schedule RC–R, Part I, in the FFIEC Although this Glossary entry does not agencies maintain the supervisory 031–FFIEC 041 instruction book to currently provide for the ASU’s separate expectation that large and effectuate the deductions from accounting policy election for the internationally active banking regulatory capital for advanced charge-off of uncollectible accrued organizations should be deeply approaches banking organizations interest receivable at the class of knowledgeable of the securities related to investments in covered debt financing receivable or major security- exposures reported on their own instruments and excluded covered debt type level, this election is specifically balance sheets, if only for the purposes instruments. addressed in the Interagency Policy of prudent risk management. The final One commenter remarked that the FR Statement on Allowances for Credit rule will become effective on April 1, Y–9C included new reporting items for Losses issued in May 2020.15 2021, and associated changes to the Call long-term and TLAC amounts, ratios, Accordingly, in the Call Report Reports and FFIEC 101 would be and the TLAC buffer. However, these Supplemental Instructions issued by the implemented as of the June 30, 2021, items were not included in the agencies’ FFIEC for the September 30, 2020, report date. The agencies believe the proposed revisions to the FFIEC 101. report date,16 the FFIEC advised that, for effective date for the reporting changes This commenter requested that such Call Report purposes, an institution that provides sufficient time for advanced data items not be added to the FFIEC has adopted ASC Topic 326 may make approaches banking organizations to 101, as this would constitute a the charge-off election for accrued evaluate investments in covered debt duplicative reporting requirement and interest receivable balances in ASU instruments and apply the final rule’s unnecessarily increase burden on 2019–04 separately from the other deduction treatment. Further, the banking organizations that complete the elections for these balances in the ASU. agencies believe that the effective date FFIEC 101. The agencies concur with for the reporting changes provides this commenter, as the Board’s TLAC 15 85 FR 32991 (June 1, 2020). sufficient time for these banking rule applies to only holding companies. 16 https://www.ffiec.gov/pdf/FFIEC_forms/ FFIEC031_FFIEC041_FFIEC051_suppinst_ 13 84 FR 13814 (April 8, 2019). 14 OMB Number 7100–0128. 202009.pdf.

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The FFIEC also stated that an institution related and insurance activities that are 2.c, the agencies are updating the may charge off uncollectible accrued shared with third parties. Furthermore, instructions for Schedule RC–B, interest receivable against an ACL for to avoid including repetitive language in Memorandum item 1, and Schedule RC, Call Report purposes. the instructions for the multiple item 2.c, to indicate that institutions The agencies plan to update the Call noninterest income items for income should include in Memorandum item 1 Report Glossary entry for ‘‘Accrued from securities-related and insurance the fair value of pledged equity Interest Receivable’’ to align the activities in Schedule RI, a new non- securities with readily determinable fair instructions in this entry with the reportable item 5.d captioned ‘‘Income values not held for trading that are now elections permitted under U.S. GAAP from securities-related and insurance reported in Schedule RC, item 2.c. The for institutions that have adopted ASC activities’’ would be added before the wording of existing footnote 1 to 326, which also would achieve existing 5.d subitems on the Call Report Memorandum item 1 of Schedule RC–B consistency with the discussion of forms and in the FFIEC 031–FFIEC 041 on the Call Report forms will be accrued interest receivable in the and FFIEC 051 instruction books. The similarly updated. These instructional Interagency Policy Statement on reporting treatment for arrangements clarifications would ensure that pledged Allowances for Credit Losses. involving the sharing of fees and equity securities formerly reportable as 2. Shared Fees and Commissions From commissions with third parties arising AFS equity securities would continue to Securities-Related and Insurance from an institution’s securities be reported in Memorandum item 1 Activities brokerage, investment banking, notwithstanding the change in investment advisory, securities accounting for equity securities under Institutions report income from underwriting, insurance and annuity U.S. GAAP. Information on pledged certain securities-related and insurance sales, insurance underwriting, or any securities is an important element of the activities in Call Report Schedule RI, other securities-related and insurance agencies’ analysis of an institution’s Income Statement, items 5.d.(1) through activities would be explained once in liquidity risk. (5) on the FFIEC 031 and the FFIEC 041; the new item 5.d instructions. items 5.d.(1) and (2) on the FFIEC 051. III. Timing 3. Pledged Equity Securities When an institution partners with, or As stated in the July 2020 notice, the otherwise joins with, a third party to In January 2016, the FASB issued reporting revisions associated with the conduct these securities-related or ASU 2016–01, ‘‘Recognition and interim final rules, the final deposit insurance activities, and any fees and Measurement of Financial Assets and insurance assessments rule, and the commissions generated by these Financial Liabilities.’’ As one of its main CARES Act provisions have been activities are shared with the third provisions, the ASU requires approved by OMB through the party, the Schedule RI instructions do investments in equity securities, except emergency clearance process, and these not currently address the reporting those accounted for under the equity revisions have taken effect for the March treatment for these sharing method and those that result in 31, 2020, Call Report and FFIEC 101; the arrangements. Consequently, consolidation, to be measured at fair June 30, 2020, Call Report, FFIEC 101, institutions may report the gross fees value with changes in fair value and FFIEC 002; or the September 30, and commissions from these activities recognized in net income. Thus, the 2020, FFIEC 002. Subject to OMB in the appropriate subitem of Schedule ASU eliminates the existing concept of approval, the reporting revisions for RI, item 5, ‘‘Other noninterest income,’’ available-for-sale (AFS) equity which emergency approvals were and the third party’s share of the fees securities, which are measured at fair received will remain in effect,17 but and commissions separately as expenses value with changes in fair value with instructional clarifications for the in Schedule RI, item 7.d, ‘‘Other generally recognized in other modification to the eligibility in the noninterest expense.’’ Alternatively, comprehensive income. As of December final rule for the 5-year 2020 CECL institutions may report only their net 31, 2020, all institutions will have been transition provision. Also subject to share of the fees or commissions in the required to adopt ASU 2016–01 and, as OMB approval, the additional revisions appropriate subitem of Schedule RI, a consequence, must report equity to the Call Report and FFIEC 002 item 5. securities with readily determinable fair instructions proposed in the July 2020 The agencies believe that reporting values not held for trading in Schedule shared fees and commissions on a net notice that are related to the amendment RC, Balance Sheet, item 2.c, ‘‘Equity 18 basis is preferable to gross reporting and securities with readily determinable fair of the Board’s Regulation D, but with is analogous to how income from certain values not held for trading,’’ instead of the removal of NOW account eligibility other income-generating activities is Schedule RC–B, Securities, item 7, from the assessment criteria for ‘‘savings reported in the Call Report income ‘‘Investments in mutual funds and other deposit’’ classification, would be statement, including securitization equity securities with readily effective for reporting beginning in the income and servicing fee income, which determinable fair values.’’ Accordingly, first quarter of 2021. are currently reported net of specified Schedule RC–B, item 7, is scheduled to For the accounting-related changes expenses and costs. be removed effective December 31, discussed in Section II.C of the July 19 This net approach better represents an 2020. 2020 notice, the revisions would take institution’s income from a securities- Institutions have long reported the effect March 31, 2021, except for the related or insurance activity engaged in amount of held-to-maturity and AFS revisions for last-of-layer hedging, jointly with a third party than when the securities reported in Schedule RC–B, which would be implemented following third party’s share of the fees and items 1 through 7, that are pledged to the FASB’s adoption of a final last-of- commissions is separately reported as a secure deposits and for other purposes layer hedge accounting standard. A final noninterest expense in another income in Schedule RC–B, Memorandum item statement data item. As a result, the 1, ‘‘Pledged securities.’’ Considering 17 As stated in the July 2020 notice, the collection of the new Call Report and FFIEC 002 data items agencies plan to clarify the existing that all institutions that previously for which emergency approvals were received is Schedule RI instructions to ensure reported their AFS equity securities in expected to be time-limited. consistent reporting on a net basis of Schedule RC–B, item 7, now report 18 85 FR 44369 (July 22, 2020). fees and commissions from securities- these securities in Schedule RC, item 19 85 FR 44371–44374 (July 22, 2020).

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standard is not expected to be issued Comments submitted in response to Title: Methods to Determine Taxable before the second half of 2021. this joint notice will be shared among Income in connection with a Cost The reporting revisions to Schedule the agencies. Sharing Arrangement—IRC section 482. OMB Number: 1545–1364. RC–M for the international remittance Theodore J. Dowd, Treasury Decision Number: 9568. transfer items discussed in Section II.D Deputy Chief Counsel, Office of the Abstract: This document contains 20 of the July 2020 notice would take Comptroller of the Currency. final regulations regarding methods to 21 effect March 31, 2021. Board of Governors of the Federal Reserve determine taxable income in connection The reporting changes to the Call System. with a cost sharing arrangement under Reports and the FFIEC 101 for the TLAC Ann E. Misback, section 482 of the Internal Revenue investments final rule would take effect Secretary of the Board. Code (Code). The final regulations June 30, 2021. Federal Deposit Insurance Corporation. address issues that have arisen in administering the current cost sharing The specific wording of the captions James P. Sheesley, for the new or revised Call Report, regulations. The final regulations affect Acting Assistant Executive Secretary. domestic and foreign entities that enter FFIEC 101, and FFIEC 002 data items [FR Doc. 2020–25743 Filed 11–20–20; 8:45 am] into cost sharing arrangements discussed in the October 2019 and July BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P described in the final regulations. 2020 notices and this notice and the Current Actions: There are no changes numbering of these data items should be to the information collection. regarded as preliminary. DEPARTMENT OF THE TREASURY Type of Review: Extension without The Call Report instructional change of a currently approved Internal Revenue Service clarifications to the Glossary entry for collection. ‘‘Accrued Interest Receivable’’ and Proposed Collection; Comment Affected Public: Business or other for- Schedule RC–B for pledged equity Request on Information Collection for profit organizations. Estimated Number of Respondents: securities would take effect December Treasury Decision 9568, Methods To 31, 2020, while the instructional 500. Determine Taxable Income in Estimated Time per Response: 18 clarifications to Schedule RI for shared Connection With a Cost Sharing fees and commissions from securities- hours, 42 minutes. Arrangement—IRC Section 482 Estimated Total Annual Burden related and insurance activities would Hours: 9,350. take effect March 31, 2021. AGENCY: Internal Revenue Service (IRS), Treasury. The following paragraph applies to all the collections of information covered IV. Request for Comment ACTION: Notice and request for by this notice: comments. Public comment is requested on all An agency may not conduct or aspects of this joint notice. Comment is SUMMARY: The Internal Revenue Service, sponsor, and a person is not required to specifically invited on: as part of its continuing effort to reduce respond to, a collection of information (a) Whether the proposed revisions to paperwork and respondent burden, unless the collection of information the collections of information that are invites the general public and other displays a valid OMB control number. the subject of this notice are necessary Federal agencies to take this Books or records relating to a collection for the proper performance of the opportunity to comment on proposed of information must be retained as long agencies’ functions, including whether and/or continuing information as their contents may become material the information has practical utility; collections, as required by the in the administration of any internal Paperwork Reduction Act of 1995. revenue law. Generally, tax returns and (b) The accuracy of the agencies’ Currently, the IRS is soliciting tax return information are confidential, estimates of the burden of the comments concerning Treasury as required by 26 U.S.C. 6103. information collections as they are Decision Methods to Determine Taxable Request for Comments: Comments proposed to be revised, including the Income in connection with a Cost submitted in response to this notice will validity of the methodology and Sharing Arrangement—IRC section 482. be summarized and/or included in the assumptions used; request for OMB approval. All DATES: Written comments should be comments will become a matter of (c) Ways to enhance the quality, received on or before January 22, 2021 public record. Comments are invited on: utility, and clarity of the information to to be assured of consideration. be collected; (a) Whether the collection of ADDRESSES: Direct all written comments information is necessary for the proper (d) Ways to minimize the burden of to Kinna Brewington, Internal Revenue performance of the functions of the information collections on respondents, Service, Room 6526, 1111 Constitution agency, including whether the including through the use of automated Avenue NW, Washington, DC 20224. information shall have practical utility; collection techniques or other forms of FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate information technology; and Requests for additional information or of the burden of the collection of (e) Estimates of capital or start-up copies of the collection tools should be information; (c) ways to enhance the costs and costs of operation, directed to LaNita Van Dyke, at (202) quality, utility, and clarity of the maintenance, and purchase of services 317–6009, at Internal Revenue Service, information to be collected; (d) ways to to provide information. Room 6526, 1111 Constitution Avenue minimize the burden of the collection of NW, Washington, DC 20224, or through information on respondents, including 20 85 FR 44374–44375 (July 22, 2020). the internet at [email protected]. through the use of automated collection 21 Institutions will report current Schedule RC–M, SUPPLEMENTARY INFORMATION: Currently, techniques or other forms of information item 16, in December 2020; will not report current the IRS is seeking comments concerning technology; and (e) estimates of capital Schedule RC–M, item 16, at all in June 2021; and or start-up costs and costs of operation, will report the proposed revised Schedule RC–M, the following information collection item 16, in December 2021 (covering all of calendar tools, reporting, and record-keeping maintenance, and purchase of services year 2021). requirements: to provide information.

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Approved: November 18, 2020. households, and not-for-profit invites the general public and other Chakinna B. Clemons, institutions. Federal agencies to take this Supervisory Tax Analyst. Estimated Number of Respondents: opportunity to comment on proposed [FR Doc. 2020–25829 Filed 11–20–20; 8:45 am] 500. and/or continuing information The Estimated Time per Respondent: BILLING CODE 4830–01–P collections, as required by the 100 hours. Paperwork Reduction Act of 1995. Estimated Total Annual Burden Currently, the IRS is soliciting DEPARTMENT OF THE TREASURY Hours: 50,000. comments concerning Form 8823, Low- The following paragraph applies to all Income Housing Credit Agencies Report Internal Revenue Service the collections of information covered of Noncompliance or Building by this notice. Disposition. Proposed Collection; Comment An agency may not conduct or Request for Regulation Project sponsor, and a person is not required to DATES: Written comments should be respond to, a collection of information received on or before January 22, 2021 AGENCY: Internal Revenue Service (IRS), unless the collection of information to be assured of consideration. Treasury. displays a valid OMB control number. ADDRESSES: Direct all written comments ACTION: Notice and request for Books or records relating to a collection to, Kinna Brewington, Internal Revenue comments. of information must be retained as long Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 20224. SUMMARY: The Internal Revenue Service, as their contents may become material FOR FURTHER INFORMATION CONTACT: as part of its continuing effort to reduce in the administration of any internal paperwork and respondent burden, revenue law. Generally, tax returns and Requests for additional information or invites the general public and other tax return information are confidential, copies of the form and instructions Federal agencies to take this as required by 26 U.S.C. 6103. should be directed to LaNita Van Dyke, opportunity to comment on continuing Request for Comments: Comments at (202) 317–6009 or Internal Revenue information collections, as required by submitted in response to this notice will Service, Room 6526, 1111 Constitution the Paperwork Reduction Act of 1995. be summarized and/or included in the Ave. NW, Washington, DC 20224, or The IRS is soliciting comments request for OMB approval. All through the internet at concerning information collection comments will become a matter of [email protected]. requirements related to continuation public record. Comments are invited on: SUPPLEMENTARY INFORMATION: coverage requirements application to (a) Whether the collection of Title: Low-Income Housing Credit group health plans. information is necessary for the proper Agencies Report of Noncompliance or performance of the functions of the Building Disposition. DATES: Written comments should be agency, including whether the OMB Number: 1545–1204. received on or before January 22, 2021 information shall have practical utility; Form Number: 8823. to be assured of consideration. (b) the accuracy of the agency’s estimate Abstract: Under Internal Revenue ADDRESSES: Direct all written comments of the burden of the collection of Code section 42(m)(1)(B)(iii), state to Kinna Brewington, Internal Revenue information; (c) ways to enhance the housing credit agencies are required to Service, Room 6526, 1111 Constitution quality, utility, and clarity of the notify the IRS of noncompliance with Avenue NW, Washington, DC 20224. information to be collected; (d) ways to the low-income housing tax credit FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of provisions. A separate form must be Requests for additional information or information on respondents, including filed for each building that is not in copies of the form should be directed to through the use of automated collection compliance. The IRS uses this LaNita Van Dyke, at (202) 317–6009 or techniques or other forms of information information to determine whether the Internal Revenue Service, Room 6526, technology; and (e) estimates of capital low-income housing credit is being 1111 Constitution Avenue NW, or start-up costs and costs of operation, correctly claimed and whether there is Washington DC 20224, or through the maintenance, and purchase of services any credit recapture. internet at [email protected]. to provide information. Current Actions: There are no changes SUPPLEMENTARY INFORMATION to this form at this time. : Approved: November 10, 2020. Title: AJCA Modifications to the Type of Review: Extension of a Section 6112 Regulations. Chakinna B. Clemons, currently approved collection. OMB Number: 1545–1686. Supervisory Tax Analyst. Affected Public: State or local Regulation Project Number: TD 9352 [FR Doc. 2020–25828 Filed 11–20–20; 8:45 am] government housing credit agencies. (Form 13976). BILLING CODE 4830–01–P Estimated Number of Respondents: Abstract: This document contains 20,000. final regulations under section 6112 of Estimated Time per Respondent: the Internal Revenue Code that provide DEPARTMENT OF THE TREASURY 15.16 hours. the rules relating to the obligation of Estimated Total Annual Burden material advisors to prepare and Internal Revenue Service Hours: 303,200. The following paragraph applies to all maintain lists with respect to reportable Proposed Collection; Comment of the collections of information covered transactions. These regulations affect Request for Form 8823 material advisors responsible for by this notice: keeping lists under section 6112. AGENCY: Internal Revenue Service (IRS), An agency may not conduct or Current Actions: There are no changes Treasury. sponsor, and a person is not required to to the paperwork burden previously ACTION: Notice and request for respond to, a collection of information approved by OMB. comments. unless the collection of information Type of Review: Extension of a displays a valid OMB control number. currently approved collection. SUMMARY: The Internal Revenue Service, Books or records relating to a collection Affected Public: Business or other for- as part of its continuing effort to reduce of information must be retained as long profit organizations, individuals or paperwork and respondent burden, as their contents may become material

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in the administration of any internal information is necessary for the proper through the use of automated collection revenue law. Generally, tax returns and performance of the functions of the techniques or other forms of information tax return information are confidential, agency, including whether the technology; and (e) estimates of capital as required by 26 U.S.C. 6103. information shall have practical utility; or start-up costs and costs of operation, Request for Comments: Comments (b) the accuracy of the agency’s estimate maintenance, and purchase of services to provide information. submitted in response to this notice will of the burden of the collection of be summarized and/or included in the information; (c) ways to enhance the Approved: November 13, 2020. request for OMB approval. All quality, utility, and clarity of the Chakinna B. Clemons, comments will become a matter of information to be collected; (d) ways to Supervisory Tax Analyst. public record. Comments are invited on: minimize the burden of the collection of [FR Doc. 2020–25762 Filed 11–20–20; 8:45 am] (a) Whether the collection of information on respondents, including BILLING CODE 4830–01–P

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Part II Department of Agriculture Forest Service 36 CFR Part 242 Department of the Interior Fish and Wildlife Service 50 CFR Part 100 Subsistence Management Regulations for Public Lands in Alaska—2020–21 and 2021–22 Subsistence Taking of Wildlife Regulations; Final Rule

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DEPARTMENT OF AGRICULTURE Management website (https:// • A Chair appointed by the Secretary www.doi.gov/subsistence). of the Interior with concurrence of the Forest Service Secretary of Agriculture; FOR FURTHER INFORMATION CONTACT: • The Alaska Regional Director, U.S. Chair, Federal Subsistence Board, c/o 36 CFR Part 242 Fish and Wildlife Service; U.S. Fish and Wildlife Service, • The Alaska Regional Director, DEPARTMENT OF THE INTERIOR Attention: Sue Detwiler, Assistant National Park Service; Regional Director, Office of Subsistence • The Alaska State Director, Bureau Fish and Wildlife Service Management; (907) 786–3888 or of Land Management; [email protected]. For questions • The Alaska Regional Director, 50 CFR Part 100 specific to National Forest System Bureau of Indian Affairs; lands, contact Wayne Owen, Director • The Alaska Regional Forester, [Docket No. FWS–R7–SM–2018–0015; Wildlife, Fisheries, Ecology, Watershed, USDA Forest Service; and FXRS12610700000–201–FF07J00000; & Subsistence, U.S. Department of • FBMS#4500145506] Two public members appointed by Agriculture (USDA), Forest Service, the Secretary of the Interior with RIN 1018–BD11 Alaska Region; (907) 586–7916 or concurrence of the Secretary of [email protected]. Agriculture. Subsistence Management Regulations SUPPLEMENTARY INFORMATION: Through the Board, these agencies for Public Lands in Alaska—2020–21 participate in the development of and 2021–22 Subsistence Taking of Background regulations for subparts C and D, which, Wildlife Regulations among other things, set forth program Under Title VIII of the Alaska eligibility and specific harvest seasons AGENCY: Forest Service, Agriculture; National Interest Lands Conservation and limits. Fish and Wildlife Service, Interior. Act (ANILCA) (16 U.S.C. 3111–3126), In administering the program, the the Secretary of the Interior and the ACTION: Final rule. Secretaries divided Alaska into 10 Secretary of Agriculture (Secretaries) subsistence resource regions, each of SUMMARY: This final rule establishes jointly implement the Federal which is represented by a Regional regulations for seasons, harvest limits, Subsistence Management Program. This and methods and means related to the Advisory Council. The Regional program provides a preference for take Advisory Councils provide a forum for taking of wildlife for subsistence uses in of fish and wildlife resources for Alaska for the 2020–21 and 2021–22 rural residents with personal knowledge subsistence uses on Federal public of local conditions and resource regulatory years. The Federal lands and waters in Alaska. The Subsistence Board (Board) completes requirements to have a meaningful role Secretaries published temporary in the subsistence management of fish the biennial process of revising regulations to carry out this program in subsistence hunting and trapping and wildlife on Federal public lands in the Federal Register on June 29, 1990 Alaska. The Council members represent regulations in even-numbered years and (55 FR 27114), and published final subsistence fishing and shellfish varied geographical, cultural, and user regulations in the Federal Register on interests within each region. regulations in odd-numbered years; May 29, 1992 (57 FR 22940). The public proposal and review processes The Board addresses customary and Program has subsequently amended traditional use determinations during take place during the preceding year. these regulations a number of times. The Board also addresses customary and the applicable biennial cycle. Section Because this program is a joint effort ll traditional use determinations during .24 (customary and traditional use between Interior and Agriculture, these determinations) was originally the applicable biennial cycle. This rule regulations are located in two titles of also revises the customary and published in the Federal Register on the Code of Federal Regulations (CFR): May 29, 1992 (57 FR 22940). The traditional use determinations for Title 36, ‘‘Parks, Forests, and Public wildlife. regulations at 36 CFR 242.4 and 50 CFR Property,’’ and title 50, ‘‘Wildlife and 100.4 define ‘‘customary and traditional DATES: This rule is effective November Fisheries,’’ at 36 CFR 242.1–242.28 and use’’ as ‘‘a long-established, consistent 23, 2020. 50 CFR 100.1–100.28, respectively. The pattern of use, incorporating beliefs and ADDRESSES: The comments received on regulations contain subparts as follows: customs which have been transmitted the proposed rule as well as the Board Subpart A, General Provisions; Subpart from generation to generation. . . .’’ meeting transcripts are available at B, Program Structure; Subpart C, Board Since 1992, the Board has made a www.regulations.gov in Docket No. Determinations; and Subpart D, number of customary and traditional FWS–R7–SM–2018–0015. Board Subsistence Taking of Fish and Wildlife. use determinations at the request of meeting transcripts are also available for Consistent with subpart B of these affected subsistence users. Those review at the Office of Subsistence regulations, the Secretaries established a modifications, along with some Management, 1011 East Tudor Road, Federal Subsistence Board to administer administrative corrections, were Mail Stop 121, Anchorage, AK 99503, or the Federal Subsistence Management published in the Federal Register as on the Office of Subsistence Program. The Board comprises: follows:

MODIFICATIONS TO § ll.24

Rule made changes to the Federal Register citation Date of publication following provisions of ll.24

59 FR 27462 ...... May 27, 1994 ...... Wildlife and Fish/Shellfish. 59 FR 51855 ...... October 13, 1994 ...... Wildlife and Fish/Shellfish. 60 FR 10317 ...... February 24, 1995 ...... Wildlife and Fish/Shellfish. 61 FR 39698 ...... July 30, 1996 ...... Wildlife and Fish/Shellfish. 62 FR 29016 ...... May 29, 1997 ...... Wildlife and Fish/Shellfish.

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MODIFICATIONS TO § ll.24—Continued

Rule made changes to the Federal Register citation Date of publication following provisions of ll.24

63 FR 35332 ...... June 29, 1998 ...... Wildlife and Fish/Shellfish. 63 FR 46148 ...... August 28, 1998 ...... Wildlife and Fish/Shellfish. 64 FR 1276 ...... January 8, 1999 ...... Fish/Shellfish. 64 FR 35776 ...... July 1, 1999 ...... Wildlife. 65 FR 40730 ...... June 30, 2000 ...... Wildlife. 66 FR 10142 ...... February 13, 2001 ...... Fish/Shellfish. 66 FR 33744 ...... June 25, 2001 ...... Wildlife. 67 FR 5890 ...... February 7, 2002 ...... Fish/Shellfish. 67 FR 43710 ...... June 28, 2002 ...... Wildlife. 68 FR 7276 ...... February 12, 2003 ...... Fish/Shellfish. 69 FR 5018 ...... February 3, 2004 ...... Fish/Shellfish. 69 FR 40174 ...... July 1, 2004 ...... Wildlife. 70 FR 13377 ...... March 21, 2005 ...... Fish/Shellfish. 70 FR 36268 ...... June 22, 2005 ...... Wildlife. 71 FR 15569 ...... March 29, 2006 ...... Fish/Shellfish. 71 FR 37642 ...... June 30, 2006 ...... Wildlife. 72 FR 12676 ...... March 16, 2007 ...... Fish/Shellfish. 72 FR 73426 ...... December 27, 2007 ...... Wildlife/Fish. 73 FR 35726 ...... June 26, 2008 ...... Wildlife. 74 FR 14049 ...... March 30, 2009 ...... Fish/Shellfish. 75 FR 37918 ...... June 30, 2010 ...... Wildlife. 76 FR 12564 ...... March 8, 2011 ...... Fish/Shellfish. 77 FR 35482 ...... June 13, 2012 ...... Wildlife. 79 FR 35232 ...... June 19, 2014 ...... Wildlife. 81 FR 52528 ...... August 8, 2016 ...... Wildlife. 83 FR 3079 ...... January 23, 2018 ...... Fish. 83 FR 50758 ...... October 9, 2018 ...... Wildlife. 84 FR 39744 ...... August 12, 2019 ...... Fish.

Current Rule each Council’s recommendations at the are available for review at the Office of The Departments published a Board meeting that was held April 20– Subsistence Management, 1011 East proposed rule on January 31, 2019 (84 23 and 27, 2020. These final regulations Tudor Road, Mail Stop 121, Anchorage, FR 623), to amend the wildlife sections reflect Board review and consideration Alaska 99503, or on the Federal of subparts C and D of 36 CFR part 242 of Regional Advisory Council Subsistence Management Programs and 50 CFR part 100. The proposed rule recommendations, Tribal and Alaska website (http://www.doi.gov/ opened a comment period, which closed Native corporation consultations, and subsistence/index.cfm) or at http:// on March 27, 2019. The Departments public comments. The public received www.regulations.gov in Docket No. advertised the proposed rule by mail, extensive opportunity to review and FWS–R7–SM–2018–0015. Of the email, web page, social media, radio, comment on all changes. proposals on the non-consensus agenda, and newspaper. During that period, the Of the 51 valid proposals, 26 were on the Board adopted or adopted with Councils met and, in addition to other the Board’s non-consensus agenda, and modification 17, rejected 7, took no Council business, generated proposals 25 were on the consensus agenda. The action on 1, and deferred 1. and received suggestions for proposals consensus agenda is made up of Summary of Non-Consensus Proposals from the public. The Board received 51 proposals for which there is agreement Rejected or No Action Taken by the proposals for changes to subparts C and among the affected Councils, a majority Board D, 17 wildlife closure reviews, and 1 of the Interagency Staff Committee, and deferred proposal from the previous the Alaska Department of Fish and The Board rejected, took no action, or cycle. After the comment period closed, Game concerning a proposed regulatory deferred nine non-consensus proposals. the Board prepared a booklet describing action. Anyone may request that the The rejected proposals were the proposals and distributed it to the Board remove a proposal from the recommended for rejection by one or public. The proposals were also consensus agenda and place it on the more of the Councils. available online. The public then had an non-consensus agenda. The Board votes The Board rejected a proposal to close additional 45 days in which to comment en masse on the consensus agenda after the moose season in Unit 1C. No on the proposals for changes to the deliberation and action on the non- conservation concerns were noted, and regulations. consensus agenda. Of the proposals on this action would have detrimental The 10 Regional Advisory Councils the consensus agenda, the Board impacts to subsistence users. met again, received public comments, adopted 17, rejected 7, and took no The Board rejected a proposal to lift and formulated their recommendations action on 1. Of the 17 wildlife closure a restriction on non-Federally qualified to the Board on proposals for their reviews, 12 closures were maintained, users on the number of deer they may respective regions. The Councils had a and 5 closures were partially or harvest in Unit 2. This action was based substantial role in reviewing the completely rescinded. The deferred on the need to provide a priority to proposed rule and making proposal from the previous cycle was subsistence users. recommendations for the final rule. adopted with modification. Analysis The Board rejected a proposal to Moreover, a Council Chair, or a and justification for the action taken on reduce the season and harvest limits for designated representative, presented each proposal on the consensus agenda deer in Unit 2. The Board stated that no

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conservation concerns supported this black and brown bears in Units 1–5 and Tribal and Alaska Native corporation action and it would have reduced for elk in Unit 3. consultations, and public comments. opportunity for subsistence users. The Board adopted a proposal to Because this rule concerns public lands The Board rejected a proposal to eliminate harvest limits and quotas and managed by an agency or agencies in restrict hunting and trapping within 1 revise the sealing requirements for both the Departments of Agriculture and mile of roads or trails and to mark traps wolves (hunting and trapping) in Unit 2. the Interior, identical text will be with brightly colored tape in Unit 7. The The Board adopted a proposal to incorporated into 36 CFR part 242 and Board stated that this action would revise the hunt areas, season dates, and 50 CFR part 100. cause confusion and make Federal harvest limits for deer in Unit 3. regulations more restrictive than State The Board adopted a proposal with Conformance With Statutory and regulations. modification to revise the customary Regulatory Authorities The Board rejected a proposal to and traditional use determination and Administrative Procedure Act shorten the season and harvest limits for establish a season for goats in Units 7 Compliance snowshoe and tundra hare in Unit 9. and 15 and for sheep in Unit 15. The Board has provided extensive The Board rejected this action as no The Board adopted a proposal to opportunity for public input and evidence of conservation concerns was revise the season and harvest/ involvement in compliance with presented. possession limits for ptarmigan in Unit The Board deferred a proposal for 9. Administrative Procedure Act wolves and wolverines in Units 17B and The Board adopted a proposal with requirements, including publishing a 17C, which would allow the use of modification to conduct a subsistence proposed rule in the Federal Register, snowmachines to position the animals user prioritization and establish a participation in multiple Regional for harvest. This deferment will allow season and harvest limit for caribou in Council meetings, additional public more time for data to be collected, and Unit 10 (Unimak Island). review and comment on all proposals the proposal will be addressed again The Board adopted with modification for regulatory change, and opportunity later this year. a proposal to revise the hunt area, for additional public comment during The Board rejected a proposal to season, and harvest limits for moose in the Board meeting prior to deliberation. rescind the closure on public lands to Unit 12. Additionally, an administrative non-Federally qualified users to the take The Board adopted a proposal to mechanism exists (and has been used by of moose in Unit 22A. The Board found revise the customary and traditional use the public) to request reconsideration of that, while the moose population is determinations for sheep in Unit 12. the Board’s decision on any particular improving, it remains low and lifting The Board adopted a proposal to proposal for regulatory change (36 CFR the closure may result in adverse effects establish an antlerless moose season in 242.20 and 50 CFR 100.20). Therefore, on the population. The land manager, Unit 17A. the Board believes that sufficient public the Bureau of Land Management (BLM), The Board adopted a proposal to notice and opportunity for involvement stated that they would fund a moose revise the hunt area for moose in Unit have been given to affected persons population survey in the coming year. 18. regarding Board decisions. The Board took no action on a The Board adopted a proposal to In the more than 25 years that the proposal to revise the winter season for establish a ‘‘may be announced’’ winter Program has been operating, no benefit moose in Unit 22D based on its action season for mink and weasal in a portion to the public has been demonstrated by on a similar proposal. of Unit 18. delaying the effective date of the The Board rejected a proposal to The Board adopted a proposal to subsistence regulations. A lapse in rescind the closure on public lands to revise the seasons and harvest limits for regulatory control could affect the non-Federally qualified users for the caribou in Units 20E, 20F, and 25C. continued viability of fish or wildlife take of sheep in Unit 25A (Arctic Village The Board adopted a proposal to populations and future subsistence Sheep Management Area). The Board revise permit requirements and the opportunities for rural Alaskans, and stated that there is still a significant existing ‘‘to be announced’’ season for would generally fail to serve the overall conservation concern and the user moose in Units 21D, 21D remainder, public interest. Therefore, the Board group conflicts have not yet been and 22D remainder. finds good cause pursuant to 5 U.S.C. resolved. The Board adopted a proposal to close 553(d)(3) to make this rule effective public lands to non-Federally qualified upon the date set forth in DATES to Summary of Non-Consensus Proposals users to the take of moose in Units 22A ensure continued operation of the Adopted by the Board remainder and 22D remainder. subsistence program. The Board adopted or adopted with The Board adopted a proposal with National Environmental Policy Act modification 17 non-consensus modification to revise the season for Compliance proposals. Modifications were suggested caribou in Unit 23. by the affected Council(s), developed The Board adopted a proposal with A Draft Environmental Impact during the analysis process, suggested modification to eliminate the cow Statement that described four during Tribal and Alaska Native moose season in Unit 23. alternatives for developing a Federal corporation consultations, or developed The Board adopted with modification Subsistence Management Program was during the Board’s public deliberations. deferred proposal WP 18–19 to establish distributed for public comment on All of the adopted proposals were a community harvest system for the October 7, 1991. The Final recommended for adoption by at least Ahtna traditional communities of Environmental Impact Statement (FEIS) one of the Councils. Cantwell, Chistochina, Chitina, Copper was published on February 28, 1992. The Board adopted a proposal to Center, Gakona, Gulkana, Mentasta The Record of Decision (ROD) on revise trapping season dates for beaver Lake, and Tazlina for moose and Subsistence Management for Federal in Units 1–4. caribou. Public Lands in Alaska was signed April The Board adopted a proposal to These final regulations reflect Board 6, 1992. The selected alternative in the revise the customary and traditional use review and consideration of Regional FEIS (Alternative IV) defined the determinations for goats, moose, and Advisory Council recommendations, administrative framework of an annual

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regulatory cycle for subsistence The following Federal Register regulations. documents pertain to this rulemaking: SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: FEDERAL REGISTER DOCUMENTS PERTAINING TO THE FINAL RULE

Federal Register citation Date of publication Category Details

57 FR 22940 ...... May 29, 1992 ...... Final Rule ...... ‘‘Subsistence Management Regulations for Public Lands in Alaska; Final Rule’’ was pub- lished in the Federal Register. 64 FR 1276 ...... January 8, 1999 ...... Final Rule ...... Amended the regulations to include subsistence activities occurring on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units where reserved water rights exist. Extended the Federal Subsist- ence Board’s management to all Federal lands selected under the Alaska Native Claims Settlement Act and the Alaska Statehood Act and situated within the bound- aries of a Conservation System Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alas- ka or to an Alaska Native Corporation. Specified and clarified the Secretaries’ authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the subsistence priority. 66 FR 31533 ...... June 12, 2001 ...... Interim Rule ...... Expanded the authority that the Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or open- ings. 67 FR 30559 ...... May 7, 2002 ...... Final Rule ...... Amended the operating regulations in response to comments on the June 12, 2001, in- terim rule. Also corrected some inadvertent errors and oversights of previous rules. 68 FR 7703 ...... February 18, 2003 ...... Direct Final Rule ...... Clarified how old a person must be to receive certain subsistence use permits and re- moved the requirement that Regional Councils must have an odd number of members. 68 FR 23035 ...... April 30, 2003 ...... Affirmation of Direct Because no adverse comments were received on the direct final rule (68 FR 7703, Feb- Final Rule. ruary 18, 2003), the direct final rule was adopted. 69 FR 60957 ...... October 14, 2004 ...... Final Rule ...... Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of ‘‘regulatory year’’ from subpart A to subpart D of the regula- tions. 70 FR 76400 ...... December 27, 2005 .... Final Rule ...... Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. 71 FR 49997 ...... August 24, 2006 ...... Final Rule ...... Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, AK. This allowed subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods specified in the regulations. 72 FR 25688 ...... May 7, 2007 ...... Final Rule ...... Revised nonrural determinations. 75 FR 63088 ...... October 14, 2010 ...... Final Rule ...... Amended the regulations for accepting and addressing special action requests and the role of the Regional Advisory Councils in the process. 76 FR 56109 ...... September 12, 2011 ... Final Rule ...... Revised the composition of the Federal Subsistence Board by expanding the Board by two public members who possess personal knowledge of and direct experience with subsistence uses in rural Alaska. 77 FR 12477 ...... March 1, 2012 ...... Final Rule ...... Extended the compliance date for the final rule (72 FR 25688, May 7, 2007) that revised nonrural determinations until the Secretarial program review was complete or in 5 years, whichever came first. 80 FR 68249 ...... November 4, 2015 ...... Final Rule ...... Revised the nonrural determination process and allowed the Federal Subsistence Board to define which communities and areas are nonrural. 83 FR 23813 ...... May 23, 2018 ...... Final Rule ...... Identified submerged lands within the Tongass National Forest that did not pass to the State of Alaska at statehood and remain Federal public lands subject to the provisions of ANILCA.

A 1997 environmental assessment necessary to conserve healthy fish and Paperwork Reduction Act of 1995 (PRA) dealt with the expansion of Federal wildlife populations. The final section jurisdiction over fisheries and is 810 analysis determination appeared in This rule does not contain any new available at the office listed under FOR the April 6, 1992, ROD and concluded collections of information that require FURTHER INFORMATION CONTACT. The that the Program, under Alternative IV Office of Management and Budget Secretary of the Interior, with with an annual process for setting (OMB) approval. OMB has reviewed and concurrence of the Secretary of subsistence regulations, may have some approved the collections of information Agriculture, determined that expansion local impacts on subsistence uses, but associated with the subsistence of Federal jurisdiction does not will not likely restrict subsistence uses regulations at 36 CFR part 242 and 50 constitute a major Federal action significantly. CFR part 100, and assigned OMB significantly affecting the human Control Number 1018–0075 (expires environment and, therefore, signed a During the subsequent environmental July 30, 2020, and in accordance with 5 Finding of No Significant Impact. assessment process for extending CFR 1320.10, an agency may continue to fisheries jurisdiction, an evaluation of Section 810 of ANILCA conduct or sponsor this collection of the effects of this rule was conducted in information while the submission is An ANILCA section 810 analysis was accordance with section 810. That pending at OMB). An agency may not completed as part of the FEIS process on evaluation also supported the the Federal Subsistence Management conduct or sponsor and you are not Secretaries’ determination that the rule required to respond to a collection of Program. The intent of all Federal will not reach the ‘‘may significantly subsistence regulations is to accord information unless it displays a restrict’’ threshold that would require currently valid OMB control number. subsistence uses of fish and wildlife on notice and hearings under ANILCA public lands a priority over the taking section 810(a). of fish and wildlife on such lands for other purposes, unless restriction is

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Regulatory Planning and Review competition, employment, investment, consultation: Commenting on proposed (Executive Orders 12866 and 13563) productivity, innovation, or the ability changes to the existing rule; engaging in Executive Order 12866 provides that of U.S.-based enterprises to compete dialogue at the Regional Council the Office of Information and Regulatory with foreign-based enterprises. meetings; engaging in dialogue at the Board’s meetings; and providing input Affairs (OIRA) in the Office of Executive Order 12630 Management and Budget will review all in person, by mail, email, or phone at Title VIII of ANILCA requires the any time during the rulemaking process. significant rules. OIRA has determined Secretaries to administer a subsistence that this rule is not significant. On April 20, 2020, the Board priority on public lands. The scope of provided federally recognized Tribes Executive Order 13563 reaffirms the this Program is limited by definition to principles of E.O. 12866 while calling and Alaska Native Corporations a certain public lands. Likewise, these specific opportunity to consult on this for improvements in the nation’s regulations have no potential takings of regulatory system to promote rule prior to the start of its public private property implications as defined regulatory meeting. Federally predictability, to reduce uncertainty, by Executive Order 12630. and to use the best, most innovative, recognized Tribes and Alaska Native and least burdensome tools for Unfunded Mandates Reform Act Corporations were notified by mail and telephone and were given the achieving regulatory ends. The The Secretaries have determined and executive order directs agencies to opportunity to attend in person or via certify pursuant to the Unfunded teleconference. consider regulatory approaches that Mandates Reform Act, 2 U.S.C. 1502 et reduce burdens and maintain flexibility seq., that this rulemaking will not Executive Order 13211 and freedom of choice for the public impose a cost of $100 million or more This Executive Order requires where these approaches are relevant, in any given year on local or State agencies to prepare Statements of feasible, and consistent with regulatory governments or private entities. The Energy Effects when undertaking certain objectives. E.O. 13563 emphasizes implementation of this rule is by actions. However, this rule is not a further that regulations must be based Federal agencies, and there is no cost significant regulatory action under E.O. on the best available science and that imposed on any State or local entities or 13211, affecting energy supply, the rulemaking process must allow for tribal governments. distribution, or use, and no Statement of public participation and an open Energy Effects is required. exchange of ideas. We have developed Executive Order 12988 this rule in a manner consistent with The Secretaries have determined that Drafting Information these requirements. these regulations meet the applicable Theo Matuskowitz drafted these Regulatory Flexibility Act standards provided in sections 3(a) and regulations under the guidance of Sue 3(b)(2) of Executive Order 12988, Detwiler of the Office of Subsistence The Regulatory Flexibility Act of 1980 regarding civil justice reform. (5 U.S.C. 601 et seq.) requires Management, Alaska Regional Office, preparation of flexibility analyses for Executive Order 13132 U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional rules that will have a significant effect In accordance with Executive Order assistance was provided by on a substantial number of small 13132, the rule does not have sufficient • Casey Burns, Alaska State Office, entities, which include small federalism implications to warrant the Bureau of Land Management; businesses, organizations, or preparation of a federalism summary • Joshua Ream, Alaska Regional governmental jurisdictions. In general, impact statement. Title VIII of ANILCA Office, National Park Service; the resources to be harvested under this precludes the State from exercising • Dr. Glenn Chen, Alaska Regional rule are already being harvested and subsistence management authority over Office, Bureau of Indian Affairs; consumed by the local harvester and do fish and wildlife resources on Federal • Carol Damberg, Alaska Regional not result in an additional dollar benefit lands unless it meets certain Office, U.S. Fish and Wildlife Service; to the economy. However, we estimate requirements. and that two million pounds of meat are • harvested by subsistence users annually Executive Order 13175 Thomas Whitford, Alaska Regional and, if given an estimated dollar value The Alaska National Interest Lands Office, USDA Forest Service. of $3.00 per pound, this amount would Conservation Act, Title VIII, does not List of Subjects equate to about $6 million in food value provide specific rights to tribes for the Statewide. Based upon the amounts and subsistence taking of wildlife, fish, and 36 CFR Part 242 values cited above, the Departments shellfish. However, the Board provided Administrative practice and certify that this rulemaking will not federally recognized Tribes and Alaska procedure, Alaska, Fish, National have a significant economic effect on a Native corporations opportunities to forests, Public lands, Reporting and substantial number of small entities consult on this rule. Consultation with recordkeeping requirements, Wildlife. within the meaning of the Regulatory Alaska Native corporations are based on Flexibility Act. Public Law 108–199, div. H, Sec. 161, 50 CFR Part 100 Jan. 23, 2004, 118 Stat. 452, as amended Administrative practice and Small Business Regulatory Enforcement by Public Law 108–447, div. H, title V, procedure, Alaska, Fish, National Fairness Act Sec. 518, Dec. 8, 2004, 118 Stat. 3267, forests, Public lands, Reporting and Under the Small Business Regulatory which provides that: ‘‘The Director of recordkeeping requirements, Wildlife. Enforcement Fairness Act (5 U.S.C. 801 the Office of Management and Budget Regulation Promulgation et seq.), this rule is not a major rule. It and all Federal agencies shall hereafter does not have an effect on the economy consult with Alaska Native corporations For the reasons set out in the of $100 million or more, will not cause on the same basis as Indian tribes under preamble, the Federal Subsistence a major increase in costs or prices for Executive Order No. 13175.’’ Board amends title 36, part 242, and consumers, and does not have The Secretaries, through the Board, title 50, part 100, of the Code of Federal significant adverse effects on provided a variety of opportunities for Regulations as set forth below.

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PART ll—SUBSISTENCE Authority: 16 U.S.C. 3, 472, 551, 668dd, are added to the tables following MANAGEMENT REGULATIONS FOR 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. paragraphs (a)(2) and (3) to read as PUBLIC LANDS IN ALASKA 1733. follows: Subpart C—Board Determinations § ll.24 Customary and traditional use ■ 1. The authority citation for both 36 determinations. CFR part 242 and 50 CFR part 100 ■ 2. In subpart C of 36 CFR part 242 and continues to read as follows: 50 CFR part 100, the table in (a) * * * § ll.24(a)(1) is revised and headings (1) * * *

TABLE 1 TO PARAGRAPH (a)(1)

Area Species Determination

Unit 1 ...... Black Bear ...... Residents of Units 1–5. Unit 1 ...... Brown Bear ...... Residents of Units 1–5. Unit 1 ...... Deer ...... Residents of Units 1–5. Unit 1 ...... Goat ...... Residents of Units 1–5. Unit 1 ...... Moose ...... Residents of Units 1–5. Unit 2 ...... Black Bear ...... Residents of Units 1–5. Unit 2 ...... Deer ...... Residents of Units 1–5. Unit 3 ...... Black Bear ...... Residents of Units 1–5. Unit 3 ...... Brown Bear ...... Residents of Units 1–5. Unit 3 ...... Deer ...... Residents of Units 1–5. Unit 3 ...... Elk ...... Residents of Units 1–5. Unit 3 ...... Moose ...... Residents of Units 1–5. Unit 4 ...... Brown Bear ...... Residents of Units 1–5. Unit 4 ...... Deer ...... Residents of Units 1–5. Unit 4 ...... Goat ...... Residents of Units 1–5. Unit 5 ...... Black Bear ...... Residents of Units 1–5. Unit 5 ...... Brown Bear ...... Residents of Units 1–5. Unit 5 ...... Deer ...... Residents of Units 1–5. Unit 5 ...... Goat ...... Residents of Units 1–5. Unit 5 ...... Moose ...... Residents of Unit 5A. Unit 5 ...... Wolf ...... Residents of Unit 5A. Unit 6A ...... Black Bear ...... Residents of Yakutat and Units 6C and 6D, excluding residents of Whittier. Unit 6, remainder ...... Black Bear ...... Residents of Units 6C and 6D, excluding residents of Whittier. Unit 6 ...... Brown Bear ...... No Federal subsistence priority. Unit 6A ...... Goat ...... Residents of Units 5A, 6C, Chenega Bay, and Tatitlek. Unit 6C and Unit 6D ...... Goat ...... Residents of Units 6C and 6D. Unit 6A ...... Moose ...... Residents of Units 5A, 6A, 6B, and 6C. Unit 6B and Unit 6C ...... Moose ...... Residents of Units 6A, 6B, and 6C. Unit 6D ...... Moose ...... Residents of Unit 6D. Unit 6A ...... Wolf ...... Residents of Units 5A, 6, 9, 10 (Unimak Island only), 11–13, Chickaloon, and 16–26. Unit 6, remainder ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 7 ...... Brown Bear ...... No Federal subsistence priority. Unit 7 ...... Caribou ...... Residents of Cooper Landing and Hope. Unit 7, Brown Mountain hunt area ...... Goat ...... Residents of Port Graham and Nanwalek. Unit 7, remainder ...... Goat ...... Residents of Chenega Bay, Cooper Landing, Hope, Nanwalek, Ninilchik, Port Graham, Seldovia, and Tatilek. Unit 7 ...... Moose ...... Residents of Chenega Bay, Cooper Landing, Hope, and Tatitlek. Unit 7 ...... Sheep ...... No Federal subsistence priority. Unit 7 ...... Ruffed Grouse ...... No Federal subsistence priority. Unit 8 ...... Brown Bear ...... Residents of Old Harbor, Akhiok, Larsen Bay, Karluk, Ouzinkie, and Port Lions. Unit 8 ...... Deer ...... Residents of Unit 8. Unit 8 ...... Elk ...... Residents of Unit 8. Unit 8 ...... Goat ...... No Federal subsistence priority. Unit 9D ...... Bison ...... No Federal subsistence priority. Unit 9A and Unit 9B ...... Black Bear ...... Residents of Units 9A, 9B, 17A, 17B, and 17C. Unit 9A ...... Brown Bear ...... Residents of Pedro Bay. Unit 9B ...... Brown Bear ...... Residents of Unit 9B. Unit 9C ...... Brown Bear ...... Residents of Unit 9C, Igiugig, Kakhonak, and Levelock. Unit 9D ...... Brown Bear ...... Residents of Units 9D and 10 (Unimak Island). Unit 9E ...... Brown Bear ...... Residents of Chignik, Chignik Lagoon, Chignik Lake, Egegik, Ivanof Bay, Perryville, Pilot Point, Ugashik, and Port Heiden/Meshik. Unit 9A and Unit 9B ...... Caribou ...... Residents of Units 9B, 9C, and 17. Unit 9C ...... Caribou ...... Residents of Units 9B, 9C, 17, and Egegik. Unit 9D ...... Caribou ...... Residents of Unit 9D, Akutan, and False Pass.

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TABLE 1 TO PARAGRAPH (a)(1)—Continued

Area Species Determination

Unit 9E ...... Caribou ...... Residents of Units 9B, 9C, 9E, 17, Nelson Lagoon, and Sand Point. Unit 9A, Unit 9B, Unit 9C, and Unit 9E ...... Moose ...... Residents of Units 9A, 9B, 9C, and 9E. Unit 9D ...... Moose ...... Residents of Cold Bay, False Pass, King Cove, Nelson Lagoon, and Sand Point. Unit 9B ...... Sheep ...... Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, and Lake Clark National Park and Pre- serve within Unit 9B. Unit 9 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 9A, Unit 9B, Unit 9C, and Unit 9E ...... Beaver ...... Residents of Units 9A, 9B, 9C, 9E, and 17. Unit 10 Unimak Island ...... Brown Bear ...... Residents of Units 9D and 10 (Unimak Island). Unit 10 Unimak Island ...... Caribou ...... Residents of Akutan, False Pass, King Cove, and Sand Point. Unit 10, remainder ...... Caribou ...... No Federal subsistence priority. Unit 10 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 11 ...... Bison ...... No Federal subsistence priority. Unit 11, north of the Sanford River ...... Black Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12. Unit 11, remainder ...... Black Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Nabesna Road (mileposts 25–46), Slana, Tazlina, Tok Cutoff Road (mileposts 79–110), Tonsina, and Unit 11. Unit 11, north of the Sanford River ...... Brown Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12. Unit 11, remainder ...... Brown Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Nabesna Road (mileposts 25–46), Slana, Tazlina, Tok Cutoff Road (mileposts 79–110), Tonsina, and Unit 11. Unit 11, north of the Sanford River ...... Caribou ...... Residents of Units 11, 12, 13A–D, Chickaloon, Healy Lake, and Dot Lake. Unit 11, remainder ...... Caribou ...... Residents of Units 11, 13A–D, and Chickaloon. Unit 11 ...... Goat ...... Residents of Unit 11, Chitina, Chistochina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Dot Lake, Tok Cutoff Road (mileposts 79–110 Mentasta Pass), and Nabesna Road (mileposts 25–46). Unit 11, north of the Sanford River ...... Moose ...... Residents of Units 11, 12, 13A–D, Chickaloon, Healy Lake, and Dot Lake. Unit 11, remainder ...... Moose ...... Residents of Units 11, 13A–D, and Chickaloon. Unit 11, north of the Sanford River ...... Sheep ...... Residents of Unit 12, Chistochina, Chitina, Copper Center, Dot Lake, Gakona, Glennallen, Gulkana, Healy Lake, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina, Tonsina, residents along the Nabesna Road—Mile- posts 0–46 (Nabesna Road), and residents along the McCarthy Road—Mileposts 0–62 (McCarthy Road). Unit 11, remainder ...... Sheep ...... Residents of Chisana, Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/ South Park, Tazlina, Tonsina, residents along the Tok Cutoff—Milepost 79–110 (Mentasta Pass), resi- dents along the Nabesna Road—Mileposts 0–46 (Nabesna Road), and residents along the McCarthy Road—Mileposts 0–62 (McCarthy Road). Unit 11 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 11 ...... Grouse (Spruce, Blue, Residents of Units 11, 12, 13, and Chickaloon, 15, 16, Ruffed and Sharp-tailed). 20D, 22, and 23. Unit 11 ...... Ptarmigan (Rock, Willow Residents of Units 11, 12, 13, Chickaloon, 15, 16, 20D, and White-tailed). 22, and 23. Unit 12 ...... Brown Bear ...... Residents of Unit 12, Dot Lake, Chistochina, Gakona, Mentasta Lake, and Slana. Unit 12 ...... Caribou ...... Residents of Unit 12, Chistochina, Dot Lake, Healy Lake, and Mentasta Lake.

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TABLE 1 TO PARAGRAPH (a)(1)—Continued

Area Species Determination

Unit 12, that portion within the Tetlin National Wildlife Moose ...... Residents of Units 12 and 13C, Dot Lake, and Healy Refuge and those lands within the Wrangell-St. Elias Lake. National Preserve north and east of a line formed by the Pickerel Lake Winter Trail from the Canadian bor- der to Pickerel Lake. Unit 12, that portion east of the Nabesna River and Moose ...... Residents of Units 12 and 13C and Healy Lake. Nabesna Glacier, and south of the Winter Trail run- ning southeast from Pickerel Lake to the Canadian border. Unit 12, remainder ...... Moose ...... Residents of Unit 11 north of 62nd parallel, Units 12 and 13A–D, Chickaloon, Dot Lake, and Healy Lake. Unit 12 ...... Sheep ...... Residents of Unit 12, Chistochina, Dot Lake, Healy Lake, Mentasta Lake, and Slana. Unit 12 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 13 ...... Brown Bear ...... Residents of Unit 13 and Slana. Unit 13B ...... Caribou ...... Residents of Units 11, 12 (along the Nabesna Road and Tok Cutoff Road, mileposts 79–110), 13, 20D (excluding residents of Fort Greely), and Chickaloon. Unit 13C ...... Caribou ...... Residents of Units 11, 12 (along the Nabesna Road and Tok Cutoff Road, mileposts 79–110), 13, Chickaloon, Dot Lake, and Healy Lake. Unit 13A and Unit 13D ...... Caribou ...... Residents of Units 11, 12 (along the Nabesna Road), 13, and Chickaloon. Unit 13E ...... Caribou ...... Residents of Units 11, 12 (along the Nabesna Road), 13, Chickaloon, McKinley Village, and the area along the Parks Highway between mileposts 216 and 239 (excluding residents of Denali National Park head- quarters). Unit 13D ...... Goat ...... No Federal subsistence priority. Unit 13A and Unit 13D ...... Moose ...... Residents of Unit 13, Chickaloon, and Slana. Unit 13B ...... Moose ...... Residents of Units 13 and 20D (excluding residents of Fort Greely) and Chickaloon and Slana. Unit 13C ...... Moose ...... Residents of Units 12 and 13, Chickaloon, Healy Lake, Dot Lake, and Slana. Unit 13E ...... Moose ...... Residents of Unit 13, Chickaloon, McKinley Village, Slana, and the area along the Parks Highway be- tween mileposts 216 and 239 (excluding residents of Denali National Park headquarters). Unit 13D ...... Sheep ...... No Federal subsistence priority. Unit 13 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 13 ...... Grouse (Spruce, Blue, Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22 Ruffed Sharp-tailed). and 23. Unit 13 ...... Ptarmigan (Rock, Willow Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22 and White-tailed). and 23. Unit 14C ...... Brown Bear ...... No Federal subsistence priority. Unit 14 ...... Goat ...... No Federal subsistence priority. Unit 14 ...... Moose ...... No Federal subsistence priority. Unit 14A and Unit 14C ...... Sheep ...... No Federal subsistence priority. Unit 15A and Unit 15B ...... Black Bear ...... Residents of Ninilchik. Unit 15C ...... Black Bear ...... Residents of Ninilchik, Port Graham, and Nanwalek. Unit 15 ...... Brown Bear ...... Residents of Ninilchik. Unit 15B and Unit 15C ...... Caribou ...... Residents of Cooper Landing, Hope, Nanwalek, Ninilchik, Port Graham, and Seldovia. Unit 15 ...... Goat ...... Residents of Cooper Landing, Hope, Nanwalek, Ninilchik, Port Graham, and Seldovia. Unit 15A and Unit 15B ...... Moose ...... Residents of Cooper Landing, Ninilchik, Nanwalek, Port Graham, and Seldovia. Unit 15C ...... Moose ...... Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia. Unit 15 ...... Sheep ...... Residents of Ninilchik. Unit 15 ...... Ptarmigan (Rock, Willow Residents of Unit 15. and White-tailed). Unit 15 ...... Grouse (Spruce) ...... Residents of Unit 15. Unit 15 ...... Grouse (Ruffed) ...... No Federal subsistence priority. Unit 16B ...... Black Bear ...... Residents of Unit 16B. Unit 16 ...... Brown Bear ...... No Federal subsistence priority. Unit 16A ...... Moose ...... No Federal subsistence priority. Unit 16B ...... Moose ...... Residents of Unit 16B. Unit 16 ...... Sheep ...... No Federal subsistence priority.

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TABLE 1 TO PARAGRAPH (a)(1)—Continued

Area Species Determination

Unit 16 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 16 ...... Grouse (Spruce and Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22 Ruffed). and 23. Unit 16 ...... Ptarmigan (Rock, Willow Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22 and White-tailed). and 23. Unit 17A and that portion of 17B draining into Nuyakuk Black Bear ...... Residents of Units 9A and B, 17, Akiak, and Akiachak. Lake and Tikchik Lake. Unit 17, remainder ...... Black Bear ...... Residents of Units 9A and B, and 17. Unit 17A, those portions north and west of a line begin- Brown Bear ...... Residents of Unit 17, Akiak, Akiachak, Goodnews Bay, ning from the Unit 18 boundary at the northwestern Kwethluk, and Platinum. end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast towards the northern point of Nuyakuk Lake to the Unit 17A boundary. Unit 17B, beginning at the Unit 17B boundary, those Brown Bear ...... Residents of Unit 17 and Kwethluk. portions north and west of a line running from the southern point of upper Togiak Lake, northeast to the northern point of Nuyakuk Lake, and northeast to the point where the Unit 17 boundary intersects the Shot- gun Hills. Unit 17A, remainder ...... Brown Bear ...... Residents of Unit 17, Akiak, Akiachak, Goodnews Bay, and Platinum. Unit 17B, that portion draining into Nuyakuk Lake and Brown Bear ...... Residents of Unit 17, Akiak and Akiachak. Tikchik Lake. Unit 17B, remainder, and Unit 17C ...... Brown Bear ...... Residents of Unit 17. Unit 17A, that portion west of the Izavieknik River, Caribou ...... Residents of Units 9B, 17, Eek, Goodnews Bay, Lime Upper Togiak Lake, Togiak Lake, and the main course Village, Napakiak, Platinum, Quinhagak, Stony River, of the Togiak River. and Tuntutuliak. Unit 17A, that portion north of Togiak Lake that includes Caribou ...... Residents of Units 9B, 17, Akiak, Akiachak, Lime Vil- Izavieknik River drainages. lage, Stony River, and Tuluksak. Units 17A and 17B, those portions north and west of a Caribou ...... Residents of Units 9B, 17, Kwethluk, Lime Village, and line beginning from the Unit 18 boundary at the north- Stony River. western end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills. Unit 17B, that portion of Togiak National Wildlife Refuge Caribou ...... Residents of Units 9B, 17, Akiachak, Akiak, Bethel, within Unit 17B. Eek, Goodnews Bay, Lime Village, Napakiak, Plat- inum, Quinhagak, Stony River, Tuluksak, and Tuntutuliak. Unit 17, remainder ...... Caribou ...... Residents of Units 9B, 9C, 9E, 17, Lime Village, and Stony River. Unit 17A, those portions north and west of a line begin- Moose ...... Residents of Unit 17, Goodnews Bay, Kwethluk, and ning from the Unit 18 boundary at the northwestern Platinum. end of Nenevok Lake, to the southern point of upper Togiak Lake, and to the Unit 17A boundary to the northeast towards the northern point of Nuyakuk Lake and northeast towards the northern point of Nuyakuk Lake to the Unit 17A boundary. Unit 17A, that portion north of Togiak Lake that includes Moose ...... Residents of Unit 17, Akiak, Akiachak, Goodnews Bay, Izavieknik River drainages. and Platinum. Unit 17A, remainder ...... Moose ...... Residents of Unit 17, Goodnews Bay and Platinum. Units 17B, beginning at the Unit 17B boundary, those Moose ...... Residents of Unit 17, Akiak, Akiachak, Goodnews Bay, portions north and west of a line running from the Levelock, Nondalton, and Platinum. southern point of upper Togiak Lake, northeast to the northern point of Nuyakuk Lake, and northeast to the point where the Unit 17 boundary intersects the Shot- gun Hills. Unit 17B, that portion within the Togiak National Wildlife Moose ...... Residents of Unit 17, Akiak, Akiachak, Goodnews Refuge. Baym, Levelock, Nondalton, and Platinum. Unit 17B, remainder and Unit 17C ...... Moose ...... Residents of Unit 17, Nondalton, Levelock, Goodnews Bay, and Platinum. Unit 17 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 17 ...... Beaver ...... Residents of Units 9A, 9B, 9C, 9E, and 17. Unit 18 ...... Black Bear ...... Residents of Unit 18, Unit 19A living downstream of the Holokuk River, Holy Cross, Stebbins, St. Michael, Twin Hills, and Togiak. Unit 18 ...... Brown Bear ...... Residents of Akiachak, Akiak, Eek, Goodnews Bay, Kwethluk, Mountain Village, Napaskiak, Platinum, Quinhagak, St. Marys, and Tuluksak.

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TABLE 1 TO PARAGRAPH (a)(1)—Continued

Area Species Determination

Unit 18 ...... Caribou ...... Residents of Unit 18, Lower Kalskag, Manokotak, Stebbins, St. Michael, Togiak, Twin Hills, and Upper Kalskag. Unit 18, that portion of the Yukon River drainage up- Moose ...... Residents of Unit 18, Upper Kalskag, Lower Kalskag, stream of Russian Mission and that portion of the Aniak, and Chuathbaluk. Kuskokwim River drainage upstream of, but not in- cluding, the Tuluksak River drainage. Unit 18, that portion north of a line from Cape Romanzof Moose ...... Residents of Unit 18, Lower Kalskag, St. Michael, to Kusilvak Mountain to Mountain Village, and all Stebbins, and Upper Kalskag. drainages north of the Yukon River downstream from Marshall. Unit 18, remainder ...... Moose ...... Residents of Unit 18, Lower Kalskag, and Upper Kalskag. Unit 18 ...... Musk ox ...... No Federal subsistence priority. Unit 18 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 19C and Unit 19D ...... Bison ...... No Federal subsistence priority. Unit 19A and Unit 19B ...... Brown Bear ...... Residents of Units 18 and 19 within the Kuskokwim River drainage upstream from, and including, the Johnson River. Unit 19C ...... Brown Bear ...... No Federal subsistence priority. Unit 19D ...... Brown Bear ...... Residents of Units 19A and D, Tuluksak, and Lower Kalskag. Unit 19A and Unit 19B ...... Caribou ...... Residents of Units 19A and 19B, Unit 18 within the Kuskokwim River drainage upstream from, and in- cluding, the Johnson River, and residents of St. Marys, Marshall, Pilot Station, and Russian Mission. Unit 19C ...... Caribou ...... Residents of Unit 19C, Lime Village, McGrath, Nikolai, and Telida. Unit 19D ...... Caribou ...... Residents of Unit 19D, Lime Village, Sleetmute, and Stony River. Unit 19A and Unit 9B ...... Moose ...... Residents of Unit 18 within Kuskokwim River drainage upstream from and including the Johnson River, and residents of Unit 19. Unit 19B, west of the Kogrukluk River ...... Moose ...... Residents of Eek and Quinhagak. Unit 19C ...... Moose ...... Residents of Unit 19. Unit 19D ...... Moose ...... Residents of Unit 19 and Lake Minchumina. Unit 19 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 20D ...... Bison ...... No Federal subsistence priority. Unit 20F ...... Black Bear ...... Residents of Unit 20F, Stevens Village, and Manley Hot Springs. Unit 20E ...... Brown Bear ...... Residents of Unit 12 and Dot Lake. Unit 20F ...... Brown Bear ...... Residents of Unit 20F, Stevens Village, and Manley Hot Springs. Unit 20A ...... Caribou ...... Residents of Cantwell, Nenana, and those domiciled between mileposts 216 and 239 of the Parks High- way, excluding residents of households of the Denali National Park Headquarters. Unit 20B ...... Caribou ...... Residents of Unit 20B, Nenana, and Tanana. Unit 20C ...... Caribou ...... Residents of Unit 20C living east of the Teklanika River, residents of Cantwell, Lake Minchumina, Manley Hot Springs, Minto, Nenana, Nikolai, Tanana, Telida, and those domiciled between mileposts 216 and 239 of the Parks Highway and between mile- posts 300 and 309, excluding residents of house- holds of the Denali National Park Headquarters. Unit 20D and Unit 20E ...... Caribou ...... Residents of Units 20D, 20E, 20F, 25, 12 (north of the Wrangell-St. Elias National Park and Preserve), Eu- reka, Livengood, Manley, and Minto. Unit 20F ...... Caribou ...... Residents of Units 20F and 25D and Manley Hot Springs. Unit 20A ...... Moose ...... Residents of Cantwell, Minto, Nenana, McKinley Vil- lage, and the area along the Parks Highway between mileposts 216 and 239, excluding residents of house- holds of the Denali National Park Headquarters. Unit 20B, Minto Flats Management Area ...... Moose ...... Residents of Minto and Nenana. Unit 20B, remainder ...... Moose ...... Residents of Unit 20B, Nenana, and Tanana.

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TABLE 1 TO PARAGRAPH (a)(1)—Continued

Area Species Determination

Unit 20C ...... Moose ...... Residents of Unit 20C (except that portion within Denali National Park and Preserve and that portion east of the Teklanika River), Cantwell, Manley Hot Springs, Minto, Nenana, those domiciled between mileposts 300 and 309 of the Parks Highway, Nikolai, Tanana, Telida, McKinley Village, and the area along the Parks Highway between mileposts 216 and 239, ex- cluding residents of households of the Denali Na- tional Park Headquarters. Unit 20D ...... Moose ...... Residents of Unit 20D and Tanacross. Unit 20E ...... Moose ...... Residents of Unit 20E, Unit 12 north of the Wrangell-St. Elias National Preserve, Circle, Central, Dot Lake, Healy Lake, and Mentasta Lake. Unit 20F ...... Moose ...... Residents of Unit 20F, Manley Hot Springs, Minto, and Stevens Village. Unit 20E ...... Sheep ...... Residents of Units 20E, 25B, 25C, 25D, and Dot Lake, Healy Lake, Northway, Tanacross, Tetlin, and Tok. Unit 20F ...... Wolf ...... Residents of Unit 20F, Stevens Village, and Manley Hot Springs. Unit 20, remainder ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 20D ...... Grouse, (Spruce, Ruffed Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22, and Sharp-tailed). and 23. Unit 20D ...... Ptarmigan (Rock and Wil- Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22, low). and 23. Unit 21 ...... Brown Bear ...... Residents of Units 21 and 23. Unit 21A ...... Caribou ...... Residents of Units 21A, 21D, 21E, Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna. Unit 21B and Unit 21C ...... Caribou ...... Residents of Units 21B, 21C, 21D, and Tanana. Unit 21D ...... Caribou ...... Residents of Units 21B, 21C, 21D, and Huslia. Unit 21E ...... Caribou ...... Residents of Units 21A, 21E, Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna. Unit 21A ...... Moose ...... Residents of Units 21A, 21E, Takotna, McGrath, Aniak, and Crooked Creek. Unit 21B and Unit 21C ...... Moose ...... Residents of Units 21B, 21C, Tanana, Ruby, and Ga- lena. Unit 21D ...... Moose ...... Residents of Units 21D, Huslia, and Ruby. Unit 21E, south of a line beginning at the western Moose ...... Residents of Unit 21E, Aniak, Chuathbaluk, Kalskag, boundary of Unit 21E near the mouth of Paimiut Lower Kalskag, and Russian Mission. Slough, extending easterly along the south bank of Paimiut Slough to Upper High Bank, and southeast- erly in the direction of Molybdenum Mountain to the juncture of Units 19A, 21A, and 21E. Unit 21E remainder ...... Moose ...... Residents of Unit 21E and Russian Mission. Unit 21 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 22A ...... Black Bear ...... Residents of Unit 22A and Koyuk. Unit 22B ...... Black Bear ...... Residents of Unit 22B. Unit 22C, Unit 22D, and Unit 22E ...... Black Bear ...... No Federal subsistence priority. Unit 22 ...... Brown Bear ...... Residents of Unit 22. Unit 22A ...... Caribou ...... Residents of Units 21D west of the Koyukuk and Yukon Rivers, 22 (except residents of St. Lawrence Island), 23, 24, Kotlik, Emmonak, Hooper Bay, Scammon Bay, Chevak, Marshall, Mountain Village, Pilot Sta- tion, Pitka’s Point, Russian Mission, St. Marys, Nunam Iqua, and Alakanuk. Unit 22, remainder ...... Caribou ...... Residents of Units 21D west of the Koyukuk and Yukon Rivers, 22 (excluding residents of St. Lawrence Is- land), 23, and 24. Unit 22 ...... Moose ...... Residents of Unit 22. Unit 22A ...... Musk ox ...... All rural residents. Unit 22B, west of the Darby Mountains ...... Musk ox ...... Residents of Units 22B and 22C. Unit 22B, remainder ...... Musk ox ...... Residents of Unit 22B. Unit 22C ...... Musk ox ...... Residents of Unit 22C. Unit 22D ...... Musk ox ...... Residents of Units 22B, 22C, 22D, and 22E (excluding St. Lawrence Island). Unit 22E ...... Musk ox ...... Residents of Unit 22E (excluding Little Diomede Is- land). Unit 22 ...... Wolf ...... Residents of Units 23, 22, 21D north and west of the Yukon River, and Kotlik. Unit 22 ...... Grouse (Spruce) ...... Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22, and 23.

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TABLE 1 TO PARAGRAPH (a)(1)—Continued

Area Species Determination

Unit 22 ...... Ptarmigan (Rock and Wil- Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22, low). and 23. Unit 23 ...... Black Bear ...... Residents of Unit 23, Alatna, Allakaket, Bettles, Evans- ville, Galena, Hughes, Huslia, and Koyukuk. Unit 23 ...... Brown Bear ...... Residents of Units 21 and 23. Unit 23 ...... Caribou ...... Residents of Units 21D west of the Koyukuk and Yukon Rivers, Galena, 22, 23, 24 including residents of Wiseman but not including other residents of the Dal- ton Highway Corridor Management Area, and 26A. Unit 23 ...... Moose ...... Residents of Unit 23. Unit 23, south of Kotzebue Sound and west of and in- Musk ox ...... Residents of Unit 23 south of Kotzebue Sound and cluding the Buckland River drainage. west of and including the Buckland River drainage. Unit 23, remainder ...... Musk ox ...... Residents of Unit 23 east and north of the Buckland River drainage. Unit 23 ...... Sheep ...... Residents of Point Lay and Unit 23 north of the Arctic Circle. Unit 23 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 23 ...... Grouse (Spruce and Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22, Ruffed). and 23. Unit 23 ...... Ptarmigan (Rock, Willow Residents of Units 11, 13, Chickaloon, 15, 16, 20D, 22, and White-tailed). and 23. Unit 24, that portion south of Caribou Mountain, and Black Bear ...... Residents of Stevens Village, Unit 24, and Wiseman, within the public lands composing or immediately ad- but not including any other residents of the Dalton jacent to the Dalton Highway Corridor Management Highway Corridor Management Area. Area. Unit 24, remainder ...... Black Bear ...... Residents of Unit 24 and Wiseman, but not including any other residents of the Dalton Highway Corridor Management Area. Unit 24, that portion south of Caribou Mountain, and Brown Bear ...... Residents of Stevens Village and Unit 24. within the public lands composing or immediately ad- jacent to the Dalton Highway Corridor Management Area. Unit 24, remainder ...... Brown Bear ...... Residents of Unit 24. Unit 24 ...... Caribou ...... Residents of Unit 24, Galena, Kobuk, Koyukuk, Ste- vens Village, and Tanana. Unit 24 ...... Moose ...... Residents of Unit 24, Koyukuk, and Galena. Unit 24 ...... Sheep ...... Residents of Unit 24 residing north of the Arctic Circle, Allakaket, Alatna, Hughes, and Huslia. Unit 24 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 1626. Unit 25D ...... Black Bear ...... Residents of Unit 25D. Unit 25D ...... Brown Bear ...... Residents of Unit 25D. Unit 25, remainder ...... Brown Bear ...... Residents of Unit 25 and Eagle. Unit 25A ...... Caribou ...... Residents of Units 24A and 25. Unit 25B and Unit 25C ...... Caribou ...... Residents of Units 12 (north of Wrangell-St. Elias Na- tional Preserve), 20D, 20E, 20F, and 25, and Eureka, Livengood, Manley, and Minto. Unit 25D ...... Caribou ...... Residents of Units 20F and 25D and Manley Hot Springs. Unit 25A ...... Moose ...... Residents of Units 25A and 25D. Unit 25B and Unit 25C ...... Moose ...... Residents of Units 20D, 20E, 25B, 25C, 25D, Tok and Livengood. Unit 25D, west ...... Moose ...... Residents of Unit 25D West. Unit 25D, remainder ...... Moose ...... Residents of remainder of Unit 25. Unit 25A ...... Sheep ...... Residents of Arctic Village, Chalkyitsik, Fort Yukon, Kaktovik, and Venetie. Unit 25B and Unit 25C ...... Sheep ...... Residents of Units 20E, 25B, 25C, and 25D. Unit 25D ...... Wolf ...... Residents of Unit 25D. Unit 25, remainder ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26. Unit 26 ...... Brown Bear ...... Residents of Unit 26 (excluding the Prudhoe Bay- Deadhorse Industrial Complex), Anaktuvuk Pass, and Point Hope. Unit 26A and C ...... Caribou ...... Residents of Unit 26, Anaktuvuk Pass, and Point Hope. Unit 26B ...... Caribou ...... Residents of Unit 26, Anaktuvuk Pass, Point Hope, and Unit 24 within the Dalton Highway Corridor Manage- ment Area. Unit 26 ...... Moose ...... Residents of Unit 26 (excluding the Prudhoe Bay- Deadhorse Industrial Complex), Point Hope, and Anaktuvuk Pass.

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TABLE 1 TO PARAGRAPH (a)(1)—Continued

Area Species Determination

Unit 26A ...... Musk ox ...... Residents of Anaktuvuk Pass, Atqasuk, Barrow, Nuiqsut, Point Hope, Point Lay, and Wainwright. Unit 26B ...... Musk ox ...... Residents of Anaktuvuk Pass, Nuiqsut, and Kaktovik. Unit 26C ...... Musk ox ...... Residents of Kaktovik. Unit 26A ...... Sheep ...... Residents of Unit 26, Anaktuvuk Pass, and Point Hope. Unit 26B ...... Sheep ...... Residents of Unit 26, Anaktuvuk Pass, Point Hope, and Wiseman. Unit 26C ...... Sheep ...... Residents of Unit 26, Anaktuvuk Pass, Arctic Village, Chalkyitsik, Fort Yukon, Point Hope, and Venetie. Unit 26 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13, Chickaloon, and 16–26.

(2) * * * (7) Using a firearm other than a authorized in Unit-specific regulations shotgun, muzzle-loaded rifle, rifle, or at paragraphs (n)(1) through (26) of this Table 2 to Paragraph (a)(2) pistol using center-firing cartridges for section. Baiting of black bears and * * * * * the taking of ungulates, bear, wolves, or brown bears is subject to the following (3) * * * wolverine, except that— restrictions: (i) An individual in possession of a (i) Before establishing a bear bait Table 3 to Paragraph (a)(3) valid trapping license may use a firearm station, you must register the site with * * * * * that shoots rimfire cartridges to take ADF&G. wolves and wolverine; and (ii) When using bait, you must clearly Subpart D—Subsistence Taking of (ii) Only a muzzle-loading rifle of .54- mark the site with a sign reading ‘‘black Fish and Wildlife caliber or larger, or a .45-caliber muzzle- bear bait station’’ that also displays your loading rifle with a 250-grain, or larger, ■ hunting license number and ADF&G- 3. In subpart D of 36 CFR part 242 and elongated slug may be used to take assigned number. 50 CFR part 100, § ll.26 is revised to brown bear, black bear, elk, moose, (iii) You may use only biodegradable read as follows: musk ox, and mountain goat. materials for bait; if fish or wildlife is § ll.26 Subsistence taking of wildlife. (8) Using or being aided by use of a used as bait, only the head, bones, pit, fire, artificial light, radio viscera, or skin of legally harvested fish (a) General taking prohibitions. You communication, artificial salt lick, and wildlife, the skinned carcasses of may take wildlife for subsistence uses explosive, barbed arrow, bomb, smoke, furbearers, and unclassified wildlife by any method, except as prohibited in chemical, conventional steel trap with a may be used, except that in Units 7 and this section or by other Federal statute. jaw spread over 9 inches, or conibear 15, fish or fish parts may not be used as Taking wildlife for subsistence uses by style trap with a jaw spread over 11 bait. Scent lures may be used at a prohibited method is a violation of inches. registered bait stations. this part. Seasons are closed unless (9) Using a snare, except that an (iv) You may not use bait within 1⁄4 opened by Federal regulation. Hunting individual in possession of a valid mile of a publicly maintained road or or trapping during a closed season or in hunting license may use nets and snares trail. an area closed by this part is prohibited. to take unclassified wildlife, ptarmigan, (v) You may not use bait within 1 (b) Prohibited methods and means. grouse, or hares; and individuals in mile of a house or other permanent Except for special provisions found at possession of a valid trapping license dwelling, or within 1 mile of a paragraphs (n)(1) through (26) of this may use snares to take furbearers. developed campground or developed section, the following methods and (10) Using a trap to take ungulates or recreational facility. means of taking wildlife for subsistence bear. (vi) When using bait, you must uses are prohibited: (11) Using hooks to physically snag, remove litter and equipment from the (1) Shooting from, on, or across a impale, or otherwise take wildlife; bait station site when done hunting. highway. however, hooks may be used as a trap (vii) You may not give or receive (2) Using any poison. drag. payment for the use of a bait station, (3) Using a helicopter in any manner, (12) Using a crossbow to take including barter or exchange of goods. including transportation of individuals, ungulates, bear, wolf, or wolverine in (viii) You may not have more than equipment, or wildlife; however, this any area restricted to hunting by bow two bait stations with bait present at any prohibition does not apply to and arrow only. one time. transportation of an individual, gear, or (13) Taking of ungulates, bear, wolf, (15) Taking swimming ungulates, wildlife during an emergency rescue or wolverine with a bow, unless the bow bears, wolves, or wolverine. operation in a life-threatening situation. is capable of casting an inch-wide (16) Taking or assisting in the taking (4) Taking wildlife from a motorized broadhead-tipped arrow at least 175 of ungulates, bear, wolves, wolverine, or land or air vehicle when that vehicle is yards horizontally, and the arrow and other furbearers before 3 a.m. following in motion, or from a motor-driven boat broadhead together weigh at least 1 the day in which airborne travel when the boat’s progress from the ounce (437.5 grains). occurred (except for flights in regularly motor’s power has not ceased. (14) Using bait for taking ungulates, scheduled commercial aircraft). This (5) Using a motorized vehicle to drive, bear, wolf, or wolverine; except you restriction does not apply to subsistence herd, or molest wildlife. may use bait to take wolves and taking of deer (except on NPS lands) (6) Using or being aided by use of a wolverine with a trapping license, and and of caribou on the Nushagak machine gun, set gun, or a shotgun you may use bait to take black bears and Peninsula (a portion of Units 17A and larger than 10 gauge. brown bears with a hunting license as 17C) during Jan. 1–Mar. 31, provided

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the hunter is 300 feet from the airplane; species and the harvest limit set for a October 1 until you remove the meat moreover, this restriction does not apply hunting season for the same species are from the field or process it for human to subsistence setting of snares or traps, separate and distinct. This means that if consumption. or the removal of furbearers from traps you have taken a harvest limit for a (2) You must leave all edible meat on or snares. particular species under a trapping the bones of the front quarters, hind (17) Taking a bear cub or a sow season, you may take additional animals quarters, and ribs of moose harvested in accompanied by cub(s). under the harvest limit specified for a Unit 21 prior to October 1 until you (c) Defense of life and property. hunting season or vice versa. remove the meat from the field or Wildlife taken in defense of life or (2) A brown/grizzly bear taken in a process it for human consumption. property is not a subsistence use; Unit or portion of a Unit having a (3) You must leave all edible meat on wildlife so taken is subject to State harvest limit of ‘‘one brown/grizzly bear the bones of the front quarters, hind regulations. per year’’ counts against a ‘‘one brown/ quarters, and ribs of caribou and moose (d) Trapping furbearing animals. The grizzly bear every four regulatory years’’ harvested in Unit 24 prior to October 1 following methods and means of harvest limit in other Units. You may until you remove the meat from the field trapping furbearers for subsistence uses not take more than one brown/grizzly or process it for human consumption. pursuant to the requirements of a bear in a regulatory year. Meat of the front quarters, hind quarters, trapping license are prohibited, in (g) Evidence of sex and identity. (1) If or ribs from a harvested moose or addition to the prohibitions listed at subsistence take of Dall sheep is caribou may be processed for human paragraph (b) of this section: restricted to a ram, you may not possess consumption and consumed in the field; (1) Disturbing or destroying a den, or transport a harvested sheep unless however, meat may not be removed except that you may disturb a muskrat both horns accompany the animal. from the bones for purposes of transport pushup or feeding house in the course (2) If the subsistence taking of an out of the field. of trapping; ungulate, except sheep, is restricted to (4) You must leave all edible meat on (2) Disturbing or destroying any one sex in the local area, you may not the bones of the front quarters, hind beaver house; possess or transport the carcass of an quarters, and ribs of caribou and moose (3) Taking beaver by any means other animal taken in that area unless harvested in Unit 25 until you remove than a steel trap or snare, except that sufficient portions of the external sex the meat from the field or process it for you may use firearms in certain Units organs remain attached to indicate human consumption. with established seasons as identified in conclusively the sex of the animal, (i) Returning of tags, marks, or collars. Unit-specific regulations found in this except that in Units 1–5 antlers are also If you take an animal that has been subpart; considered proof of sex for deer if the marked or tagged for scientific studies, (4) Taking otter with a steel trap antlers are naturally attached to an you must, within a reasonable time, having a jaw spread of less than 57⁄8 entire carcass, with or without the notify the ADF&G or the agency inches during any closed mink and viscera; and except in Units 11, 13, 19, identified on the collar or marker when marten season in the same Unit; 21, and 24, where you may possess and where the animal was taken. You (5) Using a net or fish trap (except a either sufficient portions of the external also must retain any ear tag, collar, blackfish or fyke trap); and sex organs (still attached to a portion of radio, tattoo, or other identification with (6) Taking or assisting in the taking of the carcass) or the head (with or without the hide until it is sealed, if sealing is furbearers by firearm before 3:00 a.m. on antlers attached; however, the antler required; in all cases, you must return the day following the day on which stumps must remain attached) to any identification equipment to the airborne travel occurred; however, this indicate the sex of the harvested moose. ADF&G or to an agency identified on does not apply to a trapper using a However, this paragraph (g)(2) does not such equipment. firearm to dispatch furbearers caught in apply to the carcass of an ungulate that (j) Sealing of bear skins and skulls. (1) a trap or snare. has been butchered and placed in Sealing requirements for bear apply to (e) Possession and transportation of storage or otherwise prepared for brown bears taken in all Units, except wildlife. (1) Except as specified in consumption upon arrival at the as specified in this paragraph (j), and paragraph (e)(2) or (f)(1) of this section, location where it is to be consumed. black bears of all color phases taken in or as otherwise provided, you may not (3) If a moose harvest limit requires an Units 1–7, 11–17, and 20. take a species of wildlife in any Unit, or antlered bull, an antler size, or (2) You may not possess or transport portion of a Unit, if your total take of configuration restriction, you may not from Alaska the untanned skin or skull that species already obtained anywhere possess or transport the moose carcass of a bear unless the skin and skull have in the State under Federal and State or its parts unless both antlers been sealed by an authorized regulations equals or exceeds the accompany the carcass or its parts. If representative of ADF&G in accordance harvest limit in that Unit. you possess a set of antlers with less with State or Federal regulations, except (2) An animal taken under Federal or than the required number of brow tines that the skin and skull of a brown bear State regulations by any member of a on one antler, you must leave the antlers taken under a registration permit in community with an established naturally attached to the unbroken, Units 5, 9B, 9E, 17, 18, 19A, and 19B community harvest limit for that species uncut skull plate; however, this downstream of and including the Aniak counts toward the community harvest paragraph (g)(3) does not apply to a River drainage, and Units 21D, 22, 23, limit for that species. Except for wildlife moose carcass or its parts that have been 24, and 26A need not be sealed unless taken pursuant to § ll.10(d)(5)(iii) or butchered and placed in storage or removed from the area. as otherwise provided for by this part, otherwise prepared for consumption (3) You must keep a bear skin and an animal taken as part of a community after arrival at the place where it is to skull together until a representative of harvest limit counts toward every be stored or consumed. the ADF&G has removed a rudimentary community member’s harvest limit for (h) Removing harvest from the field. premolar tooth from the skull and that species taken under Federal or State (1) You must leave all edible meat on sealed both the skull and the skin; of Alaska regulations. the bones of the front quarters and hind however, this provision does not apply (f) Harvest limits. (1) The harvest limit quarters of caribou and moose harvested to brown bears taken within Units 5, 9B, specified for a trapping season for a in Units 9, 17, 18, and 19B prior to 9E, 17, 18, 19A, and 19B downstream of

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and including the Aniak River drainage, and skin are presented to an authorized (4) In Units 20F, 21, 24, and 25 (for and Units 21D, 22, 23, 24, and 26A and representative of ADF&G for sealing Koyukon/Gwich’in potlatch ceremonies which are not removed from the Unit. consistent with requirements listed in only): (i) In areas where sealing is required paragraph (k) of this section. (i) Taking wildlife outside of by Federal regulations, you may not (m) Traditional religious ceremonies. established season and harvest limits is possess or transport the hide of a bear You may take wildlife, outside of authorized if it is for food for the that does not have the penis sheath or established season or harvest limits, for traditional Koyukon/Gwich’in Potlatch vaginal orifice naturally attached to food in traditional religious ceremonies, Funerary or Mortuary ceremony and if indicate conclusively the sex of the which are part of a funerary or mortuary it is consistent with conservation of bear. cycle, including memorial potlatches, healthy populations. (ii) If the skin or skull of a bear taken under the following provisions: (ii) Immediately after the wildlife is in Units 9B, 17, 18, and 19A and 19B taken, the tribal chief, village or tribal (1) The harvest does not violate downstream of and including the Aniak council president, or the chief’s or recognized principles of wildlife River drainage is removed from the area, president’s designee for the village in conservation and uses the methods and you must first have it sealed by an which the religious ceremony will be means allowable for the particular ADF&G representative in Bethel, held must create a list of the successful species published in the applicable Dillingham, or McGrath; at the time of hunters and maintain these records. The Federal regulations. The appropriate sealing, the ADF&G representative must list must be made available, after the Federal land manager will establish the remove and retain the skin of the skull harvest is completed, to a Federal land number, species, sex, or location of and front claws of the bear. manager upon request. (iii) If you remove the skin or skull of harvest, if necessary, for conservation (iii) As soon as practical, but not more a bear taken in Units 21D, 22, 23, 24, purposes. Other regulations relating to than 15 days after the harvest, the tribal and 26A from the area or present it for ceremonial harvest may be found in the chief, village council president, or commercial tanning within the area, you Unit-specific regulations in paragraph designee must notify the Federal land must first have it sealed by an ADF&G (n) of this section. manager about the harvest location, representative in Barrow, Galena, Nome, (2) No permit or harvest ticket is species, sex, and number of animals or Kotzebue; at the time of sealing, the required for harvesting under this taken. ADF&G representative must remove and section; however, the harvester must be (n) Unit regulations. You may take for retain the skin of the skull and front a federally qualified subsistence user subsistence unclassified wildlife, all claws of the bear. with customary and traditional use in squirrel species and marmots in all (iv) If you remove the skin or skull of the area where the harvesting will Units, without harvest limits, for the a bear taken in Unit 5 from the area, you occur. period of July 1–June 30. Unit-specific must first have it sealed by an ADF&G (3) In Units 1–26 (except for restrictions or allowances for representative in Yakutat. Koyukon/Gwich’in potlatch ceremonies subsistence taking of wildlife are (v) If you remove the skin or skull of in Unit 20F, 21, 24, or 25): identified at paragraphs (n)(1) through a bear taken in Unit 9E from Unit 9, you (i) A tribal chief, village or tribal (26) of this section. must first have it sealed by an council president, or the chief’s or (1) Unit 1. Unit 1 consists of all authorized sealing representative. At the president’s designee for the village in mainland drainages from Dixon time of sealing, the representative must which the religious/cultural ceremony Entrance to Cape Fairweather, and those remove and retain the skin of the skull will be held, or a federally qualified islands east of the center line of and front claws of the bear. subsistence user outside of a village or Clarence Strait from Dixon Entrance to (4) You may not falsify any tribal-organized ceremony, must notify Caamano Point, and all islands in information required on the sealing the nearest Federal land manager that a Stephens Passage and Lynn Canal north certificate or temporary sealing form wildlife harvest will take place. The of Taku Inlet: (i) Unit 1A consists of all drainages provided by the ADF&G in accordance notification must include the species, south of the latitude of Lemesurier Point with State regulations. harvest location, and number of animals including all drainages into Behm (k) Sealing of beaver, lynx, marten, expected to be taken. otter, wolf, and wolverine. You may not Canal, excluding all drainages of Ernest possess or transport from Alaska the (ii) Immediately after the wildlife is Sound. untanned skin of a marten taken in Unit taken, the tribal chief, village or tribal (ii) Unit 1B consists of all drainages 1–5, 7, 13E, or 14–16 or the untanned council president or designee, or other between the latitude of Lemesurier skin of a beaver, lynx, otter, wolf, or federally qualified subsistence user Point and the latitude of Cape Fanshaw wolverine, whether taken inside or must create a list of the successful including all drainages of Ernest Sound outside the State, unless the skin has hunters and maintain these records, and Farragut Bay, and including the been sealed by an authorized including the name of the decedent for islands east of the center lines of representative in accordance with State whom the ceremony will be held. If Frederick Sound, Dry Strait (between or Federal regulations. requested, this information must be Sergief and Kadin Islands), Eastern (1) In Unit 18, you must obtain an available to an authorized representative Passage, Blake Channel (excluding ADF&G seal for beaver skins only if they of the Federal land manager. Blake Island), Ernest Sound, and are to be sold or commercially tanned. (iii) The tribal chief, village or tribal Seward Passage. (2) In Unit 2, you must seal any wolf council president or designee, or other (iii) Unit 1C consists of that portion of taken on or before the 14th day after the federally qualified subsistence user Unit 1 draining into Stephens Passage date of taking. outside of the village in which the and Lynn Canal north of Cape Fanshaw (l) Sealing form. If you take a species religious/cultural ceremony will be held and south of the latitude of Eldred Rock listed in paragraph (k) of this section but must report to the Federal land manager including Berners Bay, Sullivan Island, are unable to present the skin in person, the harvest location, species, sex, and and all mainland portions north of you must complete and sign a number of animals taken as soon as Chichagof Island and south of the temporary sealing form and ensure that practicable, but not more than 15 days latitude of Eldred Rock, excluding the completed temporary sealing form after the wildlife is taken. drainages into Farragut Bay.

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(iv) Unit 1D consists of that portion of (2) You may not take mountain goat (D) A strip within one-quarter mile of Unit 1 north of the latitude of Eldred in the area of Mt. Bullard bounded by the following trails as designated on Rock, excluding Sullivan Island and the the Mendenhall Glacier, Nugget Creek U.S. Geological Survey maps: Herbert drainages of Berners Bay. from its mouth to its confluence with Glacier Trail, Windfall Lake Trail, (v) In the following areas, the taking Goat Creek, and a line from the mouth Peterson Lake Trail, Spaulding of wildlife for subsistence uses is of Goat Creek north to the Mendenhall Meadows Trail (including the loop prohibited or restricted on public lands: Glacier. trail), Nugget Creek Trail, Outer Point (A) Public lands within Glacier Bay (vi) You may not trap furbearers for Trail, Dan Moller Trail, Perseverance National Park are closed to all taking of subsistence uses in Unit 1C, Juneau Trail, Granite Creek Trail, Mt. Roberts wildlife for subsistence uses; area, on the following public lands: Trail and Nelson Water Supply Trail, (B) Unit 1A—in the Hyder area, the (A) A strip within one-quarter mile of Sheep Creek Trail, and Point Bishop Salmon River drainage downstream the mainland coast between the end of Trail. from the Riverside Mine, excluding the Thane Road and the end of Glacier (vii) Unit-specific regulations: Thumb Creek drainage, is closed to the Highway at Echo Cove; (A) You may hunt black bear with bait taking of bear; (C) Unit 1B—the Anan Creek drainage (B) That area of the Mendenhall in Units 1A, 1B, and 1D between April within 1 mile of Anan Creek Valley bounded on the south by the 15 and June 15. downstream from the mouth of Anan Glacier Highway, on the west by the (B) You may not shoot ungulates, Lake, including the area within a 1-mile Mendenhall Loop Road and Montana bear, wolves, or wolverine from a boat, radius from the mouth of Anan Creek Creek Road and Spur Road to unless you are certified as disabled. Lagoon, is closed to the taking of bear; Mendenhall Lake, on the north by (C) Coyotes taken incidentally with a and Mendenhall Lake, and on the east by the trap or snare during an open Federal (D) Unit 1C: Mendenhall Loop Road and Forest trapping season for wolf, wolverine, or (1) You may not hunt within one- Service Glacier Spur Road to the Forest beaver may be legally retained. fourth mile of Mendenhall Lake, the Service Visitor Center; (D) A firearm may be used to take U.S. Forest Service Mendenhall Glacier (C) That area within the U.S. Forest beaver under a trapping license during Visitor’s Center, and the Center’s Service Mendenhall Glacier Recreation an open beaver season, except on parking area; and Area; and National Park Service lands.

TABLE 1 TO PARAGRAPH (n)(1)

Harvest limits Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sep. 1–June 30. Brown Bear: 1 bear every 4 regulatory years by State registration permit only ...... Sep. 15–Dec. 31. Mar. 15–May 31. Deer: Unit 1A—4 antlered deer ...... Aug. 1–Dec. 31. Unit 1B—2 antlered deer ...... Aug. 1–Dec. 31. Unit 1C—4 deer; however, female deer may be taken only Sep. 15–Dec. 31 ...... Aug. 1–Dec. 31. Goat: Unit 1A, Revillagigedo Island only ...... No open season. Unit 1B, that portion north of LeConte Bay—1 goat by State registration permit only; the taking of kids or nan- Aug. 1–Dec. 31. nies accompanied by kids is prohibited. Unit 1A and Unit 1B, that portion on the Cleveland Peninsula south of the divide between Yes Bay and Santa No open season. Anna Inlet. Unit 1A and Unit 1B, remainder—2 goats; a State registration permit will be required for the taking of the first Aug. 1–Dec. 31. goat and a Federal registration permit for the taking of a second goat. The taking of kids or nannies accom- panied by kids is prohibited. Unit 1C, that portion draining into Lynn Canal and Stephens Passage between Antler River and Eagle Glacier Oct. 1–Nov. 30. and River, and all drainages of the Chilkat Range south of the Endicott River—1 goat by State registration permit only. Unit 1C, that portion draining into Stephens Passage and Taku Inlet between Eagle Glacier and River and No open season. Taku Glacier. Unit 1C, remainder—1 goat by State registration permit only ...... Aug. 1–Nov. 30. Unit 1D, that portion lying north of the Katzehin River and northeast of the Haines highway—1 goat by State Sep. 15–Nov. 30. registration permit only. Unit 1D, that portion lying between Taiya Inlet and River and the White Pass and Yukon Railroad ...... No open season. Unit 1D, remainder—1 goat by State registration permit only ...... Aug. 1–Dec. 31. Moose: Unit 1A—1 antlered bull by Federal registration permit ...... Sep. 5–Oct. 15. Unit 1B—1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on one side, or antlers with Sep. 15–Oct. 15. 2 brow tines on both sides, by State registration permit only. Unit 1C, that portion south of Point Hobart including all Port Houghton drainages—1 antlered bull with spike- Sep. 15–Oct. 15. fork or 50-inch antlers or 3 or more brow tines on one side, or antlers with 2 brow tines on both sides, by State registration permit only. Unit 1C, remainder, excluding drainages of Berners Bay—1 bull by State registration permit only ...... Sep. 15–Oct. 15. Unit 1C, Berners Bay—1 bull by drawing permit ...... Sep.15–Oct. 15 (will be an- nounced).

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TABLE 1 TO PARAGRAPH (n)(1)—Continued

Harvest limits Open season

Only one moose permit may be issued per household. A household receiving a State permit for Berners Bay drainages moose may not receive a Federal permit. The annual harvest quota will be announced by the USDA Forest Service, Juneau office, in consultation with ADF&G. The Federal harvest allocation will be 25% (rounded up to the next whole number) of bull moose permits. Unit 1D ...... No open season. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sep. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: Units 1A and 1B, south of Bradfield Canal and the east fork of the Bradfield River—5 wolves ...... Aug. 1–May 31. Units 1B, remainder, 1C, and 1D—5 wolves ...... Aug. 1–Apr. 30. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15.

Trapping

Beaver: Unit 1—No limit ...... Nov. 10–May 15. Coyote: No limit ...... Dec. 1–Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1–Feb. 15. Lynx: No limit ...... Dec. 1–Feb. 15. Marten: No limit ...... Dec. 1–Feb. 15. Mink and Weasel: No limit ...... Dec. 1–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Dec. 1–Feb. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 10–Mar. 1.

(2) Unit 2. Unit 2 consists of Prince of (i) Unit-specific regulations: trapping season for wolf, wolverine, or Wales Island and all islands west of the (A) You may use bait to hunt black beaver may be legally retained. center lines of Clarence Strait and bear between April 15 and June 15. (D) A firearm may be used to take (B) You may not shoot ungulates, Kashevarof Passage, south and east of beaver under a trapping license during the center lines of Sumner Strait, and bear, wolves, or wolverine from a boat, unless you are certified as disabled. an open beaver season, except on east of the longitude of the westernmost National Park Service lands. point on Warren Island. (C) Coyotes taken incidentally with a trap or snare during an open Federal (ii) [Reserved]

TABLE 2 TO PARAGRAPH (n)(2)

Harvest limits Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sep. 1–June 30. Deer: 5 deer; however, no more than one may be a female deer. Female deer may be taken only during the period July 24–Jan. 31. Oct. 15–Jan. 31. Harvest ticket number five must be used when recording the harvest of a female deer, but may be used for recording the harvest of a male deer. Harvest tickets must be used in order except when recording a female deer on tag number five. The Federal public lands on Prince of Wales Island, excluding the southeastern portion (lands south of the West Arm of Cholmondeley Sound draining into Cholmondeley Sound or draining eastward into Clarence Strait), are closed to hunting of deer Aug. 1–15, except by federally qualified subsistence users hunting under these regulations. Non-federally qualified users may only harvest up to 2 male deer on Federal public lands in Unit 2. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sep. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: No limit. Any wolf taken in Unit 2 must be sealed within 30 days of the end of the season...... Sep. 1–Mar. 31. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce and Ruffed): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15.

Trapping

Beaver: No limit ...... Nov. 10–May 15. Coyote: No limit ...... Dec. 1–Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1–Feb. 15.

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TABLE 2 TO PARAGRAPH (n)(2)—Continued

Harvest limits Open season

Lynx: No limit ...... Dec. 1–Feb. 15. Marten: No limit ...... Dec. 1–Feb. 15. Mink and Weasel: No limit ...... Dec. 1–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Dec. 1–Feb. 15. Wolf: No limit. Any wolf taken in Unit 2 must be sealed within 30 days of the end of the season ...... Nov. 15–Mar. 31. Wolverine: No limit ...... Nov. 10–Mar. 1.

(3) Unit 3. (i) Unit 3 consists of all mile wide on each side of the Mitkof (iii) Unit-specific regulations: islands west of Unit 1B, north of Unit Highway from Milepost 0 to Crystal (A) You may use bait to hunt black 2, south of the center line of Frederick Lake campground; bear between April 15 and June 15. Sound, and east of the center line of (B) You may not take black bears in (B) You may not shoot ungulates, Chatham Strait including Coronation, the Petersburg Creek drainage on bear, wolves, or wolverine from a boat, Kuiu, Kupreanof, Mitkof, Zarembo, Kupreanof Island; and unless you are certified as disabled. Kashevaroff, Woronkofski, Etolin, (C) You may not hunt in the Blind (C) Coyotes taken incidentally with a Wrangell, and Deer Islands. Slough draining into Wrangell Narrows trap or snare during an open Federal (ii) In the following areas, the taking and a strip one-fourth-mile wide on trapping season for wolf, wolverine, or of wildlife for subsistence uses is each side of Blind Slough, from the beaver may be legally retained. prohibited or restricted on public lands: hunting closure markers at the (D) A firearm may be used to take (A) In the Petersburg vicinity, you southernmost portion of Blind Island to beaver under a trapping license during may not take ungulates, bear, wolves, the hunting closure markers 1 mile an open beaver season, except on and wolverine along a strip one-fourth south of the Blind Slough bridge. National Park Service lands.

TABLE 3 TO PARAGRAPH (n)(3)

Harvest limits Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sep. 1–June 30. Deer: Unit 3, Mitkof, Woewodski, and Butterworth Islands and that portion of Kupreanof Island on the Lindenberg Oct. 1–Nov. 7. Peninsula east of the Portage Bay-Duncan Canal Portage—1 buck. Unit 3, remainder—2 bucks ...... Aug. 1–Nov. 30. Dec. 1–31, season to be announced. Moose: 1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler, or antlers with 2 Sep. 15–Oct. 15. brow tines on both sides by State registration permit only. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sep. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: 5 wolves ...... Aug. 1–May 31. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession...... Aug. 1–May 15.

Trapping

Beaver: Unit 3, Mitkof Island—No limit ...... Nov. 10–May 15. Unit 3, except Mitkof Island—No limit ...... Nov. 10–May 15. Coyote: No limit ...... Dec. 1–Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1–Feb. 15. Lynx: No limit ...... Dec. 1–Feb. 15. Marten: No limit (except on Kuiu Island) ...... Dec. 1–Feb. 15. Kuiu Island portion of Unit 3. No limit ...... Dec. 1–31. Mink and Weasel: No limit ...... Dec. 1–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Dec. 1–Feb. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 10–Mar. 1.

(4) Unit 4. (i) Unit 4 consists of all north of Unit 3 including Admiralty, Baranof, Chichagof, Yakobi, Inian, islands south and west of Unit 1C and Lemesurier, and Pleasant Islands.

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(ii) In the following areas, the taking Island), that area within the Port (B) Five Federal registration permits of wildlife for subsistence uses is Althorp watershed south of a line from will be issued by the Sitka or Hoonah prohibited or restricted on public lands: Point Lucan to Salt Chuck Point (Trap District Ranger for the taking of brown (A) You may not take brown bears in Rock); and bear for educational purposes associated the Seymour Canal Closed Area (D) You may not use any motorized with teaching customary and traditional (Admiralty Island) including all land vehicle for brown bear hunting in subsistence harvest and use practices. drainages into northwestern Seymour the Northeast Chichagof Controlled Use Any bear taken under an educational Canal between Staunch Point and the Area (NECCUA) consisting of all permit does not count in an individual’s southernmost tip of the unnamed portions of Unit 4 on Chichagof Island one bear every four regulatory years peninsula separating Swan Cove and north of Tenakee Inlet and east of the limit. King Salmon Bay including Swan and drainage divide from the northwestern (C) Coyotes taken incidentally with a Windfall Islands; point of Gull Cove to Port Frederick (B) You may not take brown bears in trap or snare during an open Federal Portage, including all drainages into the Salt Lake Closed Area (Admiralty trapping season for wolf, wolverine, or Port Frederick and Mud Bay. Island) including all lands within one- beaver may be legally retained. (iii) Unit-specific regulations: fourth mile of Salt Lake above (D) A firearm may be used to take (A) You may shoot ungulates from a Klutchman Rock at the head of Mitchell beaver under a trapping license during Bay; boat. You may not shoot bear, wolves, an open beaver season, except on (C) You may not take brown bears in or wolverine from a boat, unless you are the Port Althorp Closed Area (Chichagof certified as disabled. National Park Service lands.

TABLE 4 TO PARAGRAPH (n)(4)

Harvest limits Open season

Hunting

Brown Bear: Unit 4, Chichagof Island south and west of a line that follows the crest of the island from Rock Point (58° N Sep. 15–Dec. 31. lat., 136°21′ W long.) to Rodgers Point (57°35′ N lat., 135°33′ W long.) including Yakobi and other adjacent Mar. 15–May 31. islands; Baranof Island south and west of a line which follows the crest of the island from Nismeni Point (57°34′ N lat., 135°25′ W long.) to the entrance of Gut Bay (56°44′ N lat. 134°38′ W long.) including the drainages into Gut Bay and including Kruzof and other adjacent islands—1 bear every four regulatory years by State registration permit only. Unit 4, remainder—1 bear every 4 regulatory years by State registration permit only ...... Sep. 15–Dec. 31. Mar. 15–May 20. Deer: 6 deer; however, female deer may be taken only Sep. 15–Jan. 31 ...... Aug. 1–Jan. 31. Goat: 1 goat by State registration permit only ...... Aug. 1–Dec. 31. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sep. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: 5 wolves ...... Aug. 1–Apr. 30. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15.

Trapping

Beaver: No limit ...... Nov. 10–May 15. Coyote: No limit ...... Dec. 1–Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1–Feb. 15. Lynx: No limit ...... Dec. 1–Feb. 15. Marten: No limit ...... Dec. 1–Feb. 15. Mink and Weasel: No limit ...... Dec. 1–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Dec. 1–Feb. 15. Wolf: No limit ...... Nov. 10–Apr. 30. Wolverine: No limit ...... Nov. 10–Mar. 1.

(5) Unit 5. (i) Unit 5 consists of all that area east of the Hubbard Glacier, (A) You may use bait to hunt black Gulf of Alaska drainages and islands north of Nunatak fiord, and north and bear between April 15 and June 15. between Cape Fairweather and the east of the East Nunatak Glacier to the (B) You may not shoot ungulates, center line of Icy Bay, including the Canadian border. bear, wolves, or wolverine from a boat, Guyot Hills: (B) Unit 5B consists of the remainder unless you are certified as disabled. (A) Unit 5A consists of all drainages of Unit 5. (C) You may hunt brown bear in Unit east of Yakutat Bay, Disenchantment (ii) You may not take wildlife for 5 with a Federal registration permit in Bay, and the eastern edge of Hubbard Glacier, and includes the islands of subsistence uses on public lands within lieu of a State metal locking tag if you Yakutat and Disenchantment Bays; In Glacier Bay National Park. have obtained a Federal registration Unit 5A, Nunatak Bench is defined as (iii) Unit-specific regulations: permit prior to hunting.

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(D) Coyotes taken incidentally with a trapping season for wolf, wolverine, or an open beaver season, except on trap or snare during an open Federal beaver may be legally retained. National Park Service lands. (E) A firearm may be used to take beaver under a trapping license during

TABLE 5 TO PARAGRAPH (n)(5)

Harvest limits Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sep. 1–June 30. Brown Bear: 1 bear by Federal registration permit only ...... Sep. 1–May 31. Deer: Unit 5A—1 buck ...... Nov. 1–30. Unit 5B ...... No open season. Goat: Unit 5A—that area between the Hubbard Glacier and the West Nunatak Glacier on the north and east sides No open season. of Nunatak Fjord. Unit 5A, remainder—1 goat by Federal registration permit. The harvest quota will be announced prior to the Aug. 1–Jan. 31. season. A minimum of 4 goats in the harvest quota will be reserved for federally qualified subsistence users. Unit 5B—1 goat by Federal registration permit only ...... Aug. 1–Jan. 31. Moose: Unit 5A, Nunatak Bench—1 moose by State registration permit only. The season will be closed when 5 Nov. 15–Feb. 15. moose have been taken from the Nunatak Bench. Unit 5A, except Nunatak Bench, west of the Dangerous River—1 bull by joint State/Federal registration permit Oct. 8–Nov. 15. only. From Oct. 8–21, public lands will be closed to taking of moose, except by residents of Unit 5A hunting under these regulations. Unit 5A, except Nunatak Bench, east of the Dangerous River—1 bull by joint State/Federal registration permit Sep. 16–Nov. 15. only. From Sep. 16–30, public lands will be closed to taking of moose, except by residents of Unit 5A hunt- ing under these regulations. Unit 5B—1 bull by State registration permit only. The season will be closed when 25 bulls have been taken from Sep. 1–Dec. 15. the entirety of Unit 5B. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sep. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: 5 wolves ...... Aug. 1–Apr. 30. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce and Ruffed): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15.

Trapping

Beaver: No limit ...... Nov. 10–May 15. Coyote: No limit ...... Nov. 10–Feb. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 15. Lynx: No limit ...... Dec. 1–Feb. 15. Marten: No limit ...... Nov. 10–Feb. 15. Mink and Weasel: No limit ...... Nov. 10–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Nov. 10–Feb. 15. Wolf: No limit ...... Nov. 10–Apr. 30. Wolverine: No limit ...... Nov. 10–Mar. 1.

(6) Unit 6. (i) Unit 6 consists of all (B) Unit 6B consists of Gulf of Alaska (A) You may use bait to hunt black Gulf of Alaska and Prince William and Copper River Basin drainages west bear between April 15 and June 15. In Sound drainages from the center line of of Palm Point near Katalla, east of the addition, you may use bait in Unit 6D Icy Bay (excluding the Guyot Hills) to west bank of the Copper River, and east between June 16 and June 30. The Cape Fairfield including Kayak, of a line from Flag Point to Cottonwood harvest quota in Unit 6D is 20 bears Hinchinbrook, Montague, and adjacent Point; taken with bait between June 16 and islands, and Middleton Island, but (C) Unit 6C consists of drainages west June 30. excluding the Copper River drainage of the west bank of the Copper River, (B) You may take coyotes in Units 6B upstream from Miles Glacier, and and west of a line from Flag Point to and 6C with the aid of artificial lights. excluding the Nellie Juan and Kings Cottonwood Point, and drainages east of (C) One permit will be issued by the River drainages: the east bank of Rude River and Cordova District Ranger to the Native drainages into the eastern shore of Village of Eyak to take one moose from (A) Unit 6A consists of Gulf of Alaska Nelson Bay and Orca Inlet; and Federal lands in Unit 6B or 6C for their drainages east of Palm Point near (D) Unit 6D consists of the remainder annual Memorial/Sobriety Day potlatch. Katalla including Kanak, Wingham, and of Unit 6. (D) A federally qualified subsistence Kayak Islands; (ii) Unit-specific regulations: user (recipient) who is either blind, 65

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years of age or older, at least 70 percent (E) A hunter younger than 10 years Native Village of Chenega annually to disabled, or temporarily disabled may old at the start of the hunt may not be harvest up to five deer total from designate another federally qualified issued a Federal subsistence permit to Federal public lands in Unit 6D for their subsistence user to take any moose, harvest black bear, deer, goat, moose, annual Old Chenega Memorial and deer, black bear, and beaver on his or wolf, and wolverine. other traditional memorial potlatch her behalf in Unit 6, and goat in Unit (F) A hunter younger than 10 years ceremonies. Permits will have effective 6D, unless the recipient is a member of old may harvest black bear, deer, goat, dates of July 1–June 30. a community operating under a moose, wolf, and wolverine under the community harvest system. The direct, immediate supervision of a (H) Up to five permits will be issued designated hunter must obtain a licensed adult, at least 18 years old. The by the Cordova District Ranger to the designated hunter permit and must animal taken is counted against the Tatitlek IRA Council annually to harvest return a completed harvest report. The adult’s harvest limit. The adult is up to five deer total from Federal public designated hunter may hunt for any responsible for ensuring that all legal lands in Unit 6D for their annual number of recipients, but may have no requirements are met. Cultural Heritage Week. Permits will more than one harvest limit in his or her (G) Up to five permits will be issued have effective dates of July 1–June 30. possession at any one time. by the Cordova District Ranger to the

TABLE 6 TO PARAGRAPH (n)(6)

Harvest limits Open season

Hunting

Black Bear: 1 bear. In Unit 6D, a State registration permit is required ...... Sep. 1–June 30. Deer: 5 deer; however, antlerless deer may be taken only from Oct. 1–Dec. 31 ...... Aug. 1–Dec. 31. Unit 6D—1 buck ...... Jan. 1–31. Goats: Unit 6A and B—1 goat by State registration permit only ...... Aug. 20–Jan. 31. Unit 6C ...... No open season. Unit 6D (subareas RG242, RG243, RG244, RG245, RG249, RG266 and RG252 only)—1 goat by Federal Aug. 20–Feb. 28. registration permit only. In each of the Unit 6D subareas, goat seasons will be closed by the Cordova Dis- trict Ranger when harvest limits for that subarea are reached. Harvest quotas are as follows: RG242—2 goats, RG243—4 goats, RG244 and RG245 combined—2 goats, RG249—4 goats, RG266—4 goats, RG252—1 goat. Moose: Unit 6C—1 antlerless moose by Federal drawing permit only ...... Sep. 1–Oct. 31. Permits for the portion of the antlerless moose quota not harvested in the Sep. 1–Oct. 31 hunt may be available for redistribution for a Nov. 1–Dec. 31 hunt. Unit 6C—1 bull by Federal drawing permit only ...... Sep. 1–Dec. 31. In Unit 6C, only one moose permit may be issued per household. A household receiving a State permit for Unit 6C moose may not receive a Federal permit. The annual harvest quota will be announced by the U.S. Forest Service, Cordova Office, in consultation with ADF&G. The Federal harvest allocation will be 100% of the antlerless moose permits and 75% of the bull permits. Federal public lands are closed to the harvest of moose except by federally qualified users with a Federal permit for Unit 6C moose, Nov. 1–Dec. 31. Unit 6, remainder ...... No open season. Beaver: 1 beaver per day, 1 in possession ...... May 1–Oct. 31. Coyote: Unit 6A and D—2 coyotes ...... Sep. 1–Apr. 30. Unit 6B and 6C—No limit ...... July 1–June 30. Fox, Red (including Cross, Black and Silver Phases) ...... No open season. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Jan. 31. Wolf: 5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15.

Trapping

Beaver: No limit ...... Dec. 1–Apr. 30. Coyote: Unit 6C, south of the Copper River Highway and east of the Heney Range—No limit ...... Nov. 10–Apr. 30. Units 6A, 6B, 6C, remainder, and 6D—No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Marten: No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31 Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

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(7) Unit 7. (i) Unit 7 consists of Gulf (ii) In the following areas, the taking Byron Creek, Glacier Creek, and Byron of Alaska drainages between Gore Point of wildlife for subsistence uses is Glacier; however, you may hunt grouse, and Cape Fairfield including the Nellie prohibited or restricted on public lands: ptarmigan, hares, and squirrels with Juan and Kings River drainages, and (A) You may not take wildlife for shotguns after September 1. including the Kenai River drainage subsistence uses in the Kenai Fjords (iii) Unit-specific regulations: upstream from the Russian River, the National Park. drainages into the south side of (B) You may not hunt in the Portage (A) You may use bait to hunt black Turnagain Arm west of and including Glacier Closed Area in Unit 7, which bear between April 15 and June 15, the Portage Creek drainage, and east of consists of Portage Creek drainages except in the drainages of Resurrection 150° W long., and all Kenai Peninsula between the Anchorage-Seward Creek and its tributaries. ° drainages east of 150 W long., from Railroad and Placer Creek in Bear (B) [Reserved] Turnagain Arm to the Kenai River. Valley, Portage Lake, the mouth of

TABLE 7 TO PARAGRAPH (n)(7)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Caribou: Unit 7, north of the Sterling Highway and west of the Seward Highway—1 caribou by Federal registration per- Aug. 10–Dec. 31. mit only. The Seward District Ranger will close the Federal season when 5 caribou are harvested by Fed- eral registration permit. Unit 7, remainder ...... No open season. Goat: 1 goat by Federal Drawing permit. Nannies accompanied by kids may not be taken ...... Aug. 10–Nov 14. Moose: Unit 7, that portion draining into Kings Bay—Federal public lands are closed to the taking of moose except by No open season. residents of Chenega Bay and Tatitlek. Unit 7, remainder—1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow tines on either Aug. 10–Sep. 20. antler, by Federal registration permit only. Beaver: 1 beaver per day, 1 in possession ...... May 1–Oct. 10. Coyote: No limit ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases) ...... No open season. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Jan. 31. Wolf: Unit 7, that portion within the Kenai National Wildlife Refuge—2 wolves ...... Aug. 10–Apr. 30. Unit 7, remainder—5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce): 10 per day, 20 in possession ...... Aug. 10–Mar. 31. Grouse (Ruffed) ...... No open season. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Mar. 31.

Trapping

Beaver: 20 beaver per season ...... Nov. 10–Mar. 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Jan. 1–31. Marten: No limit ...... Nov. 10–Jan. 31. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–May 15. Otter: No limit ...... Nov. 10–Feb. 28. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(8) Unit 8. Unit 8 consists of all Uganik, and Chirikof Islands, the Trinity beaver with a firearm in Unit 8 from islands southeast of the centerline of Islands, the Semidi Islands, and other Nov. 10 through Apr. 30. Shelikof Strait including Kodiak, adjacent islands. (ii) [Reserved] Afognak, Whale, Raspberry, Shuyak, (i) Unit-specific regulations: If you Spruce, Marmot, Sitkalidak, Amook, have a trapping license, you may take

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TABLE 8 TO PARAGRAPH (n)(8)

Harvest limits Open season

Hunting

Brown Bear: 1 bear by Federal registration permit only. Up to 2 permits may be issued in Akhiok; up to 1 permit Dec. 1–Dec. 15. may be issued in Karluk; up to 3 permits may be issued in Larsen Bay; up to 3 permits may be issued in Old Apr. 1–May 15. Harbor; up to 2 permits may be issued in Ouzinkie; and up to 2 permits may be issued in Port Lions. Permits will be issued by the Kodiak Refuge Manager. Deer: Unit 8, all lands within the Kodiak Archipelago within the Kodiak National Wildlife Refuge, including lands on Aug. 1–Jan. 31. Kodiak, Ban, Uganik, and Afognak Islands—3 deer; however, antlerless deer may be taken only Oct. 1–Jan. 31. Elk: Kodiak, Ban, Uganik, and Afognak Islands—1 elk per household by Federal registration permit only. The sea- Sep. 15–Nov. 30. son will be closed by announcement of the Refuge Manager, Kodiak National Wildlife Refuge when the com- bined Federal/State harvest reaches 15% of the herd. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sep. 1–Feb. 15. Hare (Snowshoe): No limit ...... July 1–June 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: 30 beaver per season ...... Nov. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Mar. 31. Marten: No limit ...... Nov. 10–Jan. 31. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Jan. 31.

(9) Unit 9. (i) Unit 9 consists of the (B) You may not use motorized (D) Residents of Iliamna, Newhalen, Alaska Peninsula and adjacent islands, vehicles, except aircraft, boats, or Nondalton, Pedro Bay, and Port including drainages east of False Pass, snowmobiles used for hunting and Alsworth may take up to a total of 10 Pacific Ocean drainages west of and transporting a hunter or harvested bull moose in Unit 9B for ceremonial excluding the Redoubt Creek drainage; animal parts from Aug. 1 through Nov. purposes, under the terms of a Federal drainages into the south side of Bristol 30 in the Naknek Controlled Use Area, registration permit from July 1 through Bay, drainages into the north side of which includes all of Unit 9C within the June 30. Permits will be issued to Bristol Bay east of Etolin Point, and Naknek River drainage upstream from individuals only at the request of a local including the Sanak and Shumagin and including the King Salmon Creek organization. This 10-moose limit is not Islands: drainage; however, you may use a cumulative with that permitted for (A) Unit 9A consists of that portion of motorized vehicle on the Naknek-King potlatches by the State. Unit 9 draining into Shelikof Strait and Salmon, Lake Camp, and Rapids Camp (E) For Units 9C and 9E only, a Cook Inlet between the southern roads and on the King Salmon Creek federally qualified subsistence user boundary of Unit 16 (Redoubt Creek) trail, and on frozen surfaces of the (recipient) of Units 9C and 9E may and the northern boundary of Katmai Naknek River and Big Creek. designate another federally qualified National Park and Preserve. (iii) Unit-specific regulations: subsistence user of Units 9C and 9E to take bull caribou on his or her behalf (B) Unit 9B consists of the Kvichak (A) If you have a trapping license, you unless the recipient is a member of a River drainage except those lands may use a firearm to take beaver in Unit community operating under a drained by the Kvichak River/Bay 9B from April 1 through May 31 and in community harvest system. The between the Alagnak River drainage and the remainder of Unit 9 from April 1 designated hunter must obtain a the Naknek River drainage. through 30. (C) Unit 9C consists of the Alagnak designated hunter permit and must (Branch) River drainage, the Naknek (B) You may hunt brown bear by State return a completed harvest report and River drainage, lands drained by the registration permit in lieu of a resident turn over all meat to the recipient. There Kvichak River/Bay between the Alagnak tag in Unit 9B, except that portion is no restriction on the number of River drainage and the Naknek River within the Lake Clark National Park and possession limits the designated hunter drainage, and all land and water within Preserve, if you have obtained a State may have in his/her possession at any Katmai National Park and Preserve. registration permit prior to hunting. one time. (D) Unit 9D consists of all Alaska (C) In Unit 9B, Lake Clark National (F) For Unit 9D, a federally qualified Peninsula drainages west of a line from Park and Preserve, residents of Iliamna, subsistence user (recipient) may the southernmost head of Port Moller to Newhalen, Nondalton, Pedro Bay, Port designate another federally qualified the head of American Bay, including the Alsworth, and that portion of the park subsistence user to take caribou on his Shumagin Islands and other islands of resident zone in Unit 9B and 13.440 or her behalf unless the recipient is a Unit 9 west of the Shumagin Islands. permit holders may hunt brown bear by member of a community operating (E) Unit 9E consists of the remainder Federal registration permit in lieu of a under a community harvest system. The of Unit 9. resident tag. The season will be closed designated hunter must obtain a (ii) In the following areas, the taking when 4 females or 10 bears have been designated hunter permit and must of wildlife for subsistence uses is taken, whichever occurs first. The return a completed harvest report. The prohibited or restricted on public lands: permits will be issued and closure designated hunter may hunt for any (A) You may not take wildlife for announcements made by the number of recipients but may have no subsistence uses in Katmai National Superintendent Lake Clark National more than four harvest limits in his/her Park; and Park and Preserve. possession at any one time.

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(G) The communities of False Pass, a Federal registration permit. A permit (H) You may hunt brown bear in Unit King Cove, Cold Bay, Sand Point, and will be issued to an individual only at 9E with a Federal registration permit in Nelson Lagoon annually may each take, the request of a local organization. The lieu of a State locking tag if you have from October 1 through December 31 or brown bear may be taken from either obtained a Federal registration permit May 10 through 25, one brown bear for Unit 9D or Unit 10 (Unimak Island) prior to hunting. ceremonial purposes, under the terms of only.

TABLE 9 TO PARAGRAPH (n)(9)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 9B, Lake Clark National Park and Preserve—Rural residents of Iliamna, Newhalen, Nondalton, Pedro July 1–June 30. Bay, Port Alsworth, residents of that portion of the park resident zone in Unit 9B; and 13.440 permit hold- ers—1 bear by Federal registration permit only. The season will be closed by the Lake Clark National Park and Preserve Superintendent when 4 females or 10 bear have been taken, whichever occurs first. Unit 9B, remainder—1 bear by State registration permit only ...... Sep. 1–May 31. Unit 9C—1 bear by Federal registration permit only ...... Oct. 1–May 31. The season will be closed by the Katmai National Park and Preserve Superintendent in consultation with BLM and FWS land managers and ADF&G, when 6 females or 10 bear have been taken, whichever occurs first. Unit 9E—1 bear by Federal registration permit ...... Sep. 25–Dec. 31. Apr. 15–May 25. Caribou: Unit 9A—2 caribou by State registration permit ...... Aug. 1–Mar. 15. Unit 9B—2 caribou by State registration permit ...... Aug. 1–Mar. 31. Unit 9C, that portion within the Alagnak River drainage—2 caribou by State registration permit ...... Aug. 1–Mar. 15. Unit 9C, that portion draining into the Naknek River from the north, and Graveyard Creek and Coffee Creek— Aug. 1–Mar. 15. 2 caribou by State registration permit. Unit 9C, remainder—1 bull by Federal registration permit or State permit. Federal public lands are closed to May be announced. the taking of caribou except by residents of Unit 9C and Egegik. Unit 9D—1–4 caribou by Federal registration permit only ...... Aug. 1–Sep. 30. Nov. 15–Mar. 31. Unit 9E—1 bull by Federal registration permit or State permit. Federal public lands are closed to the taking of May be announced. caribou except by residents of Unit 9E, Nelson Lagoon, and Sand Point. Sheep: Unit 9B, that portion within Lake Clark National Park and Preserve—1 ram with 3⁄4 curl or larger horn by Fed- July 15–Oct. 15. eral registration permit only. By announcement of the Lake Clark National Park and Preserve Super- Jan. 1–Apr. 1. intendent, the summer/fall season will be closed when up to 5 sheep are taken and the winter season will be closed when up to 2 sheep are taken. Unit 9B, remainder—1 ram with 7⁄8 curl or larger horn by Federal registration permit only ...... Aug. 10–Oct. 10. Unit 9, remainder—1 ram with 7⁄8 curl or larger horn ...... Aug. 10–Sep. 20. Moose: Unit 9A—1 bull by State registration permit ...... Sep. 1–15. Unit 9B—1 bull by State registration permit ...... Sep. 1–20. Dec. 1–Jan. 15. Unit 9C, that portion draining into the Naknek River from the north—1 bull by State registration permit ...... Sep. 1–20. Dec. 1–31. Unit 9C, that portion draining into the Naknek River from the south—1 bull by State registration permit. Public Aug. 20–Sep. 20. lands are closed during December for the hunting of moose, except by federally qualified subsistence users Dec. 1–31. hunting under these regulations. Unit 9C, remainder—1 bull by State registration permit ...... Sep. 1–20. Dec. 15–Jan. 15. Unit 9D—1 bull by Federal registration permit. Federal public lands will be closed by announcement of the Dec. 15–Jan. 20. Izembek Refuge Manager to the harvest of moose when a total of 10 bulls have been harvested between State and Federal hunts. Unit 9E—1 bull by State registration permit; however, only antlered bulls may be taken Dec. 1–Jan. 31 ...... Sep. 1–25. Dec. 1–Jan. 31. Beaver: Unit 9B and 9E—2 beaver per day ...... Apr. 15–May 31. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Arctic (Blue and White): No limit ...... Dec. 1–Mar. 15. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sep. 1–Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Feb. 28. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 10 per day, 20 in possession ...... Aug. 10–last day of Feb.

Trapping

Beaver:

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TABLE 9 TO PARAGRAPH (n)(9)—Continued

Harvest limits Open season

No limit ...... Oct. 10–Mar. 31. 2 beaver per day; only firearms may be used ...... Apr. 15–May 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Arctic (Blue and White): No limit ...... Nov. 10–Feb. 28. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Nov. 10–Feb. 28. Marten: No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(10) Unit 10. (i) Unit 10 consists of the community operating under a Nelson Lagoon annually may each take, Aleutian Islands, Unimak Island, and community harvest system. The from October 1 through December 31 or the Pribilof Islands. designated hunter must obtain a May 10 through 25, one brown bear for (ii) You may not take any wildlife designated hunter permit and must ceremonial purposes, under the terms of species for subsistence uses on Otter return a completed harvest report. The a Federal registration permit. A permit Island in the Pribilof Islands. designated hunter may hunt for any will be issued to an individual only at (iii) In Unit 10—Unimak Island only, number of recipients but may have no the request of a local organization. The a federally qualified subsistence user more than four harvest limits in his/her brown bear may be taken from either (recipient) may designate another possession at any one time. Unit 9D or Unit 10 (Unimak Island) federally qualified subsistence user to take caribou on his or her behalf unless (iv) The communities of False Pass, only. the recipient is a member of a King Cove, Cold Bay, Sand Point, and

TABLE 10 TO PARAGRAPH (n)(10)

Harvest limits Open season

Hunting

Caribou: Unit 10, Unimak Island only—1 bull by Federal registration permit. Federal public lands are closed to the tak- Aug. 1–Sep. 30. ing of caribou except by residents of False Pass. Unit 10, remainder—No limit ...... July 1–June 30. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... July 1–June 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sep. 1–Feb. 15. Wolf: 5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Ptarmigan (Rock and Willow): 20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... July 1–June 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sep. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(11) Unit 11. Unit 11 consists of that (B) One moose without calf may be (C) For Federally qualified area draining into the headwaters of the taken from June 20 through July 31 in subsistence users living within the Copper River south of Suslota Creek and the Wrangell-St. Elias National Park and Ahtna traditional communities of the area drained by all tributaries into Preserve in Unit 11 or Unit 12 for the Chistochina, Chitina, Copper Center, the east bank of the Copper River Batzulnetas Culture Camp. Two hunters Gakona, Gulkana, Mentasta Lake, and between the confluence of Suslota Creek from either Chistochina or Mentasta Tazlina, a community harvest system for with the Slana River and Miles Glacier. Village may be designated by the Mt. moose is authorized on Federal public Sanford Tribal Consortium to receive lands within Unit 11, subject to a (i) Unit-specific regulations: the Federal subsistence harvest permit. framework to be established by the (A) You may use bait to hunt black The permit may be obtained from a Federal Subsistence Board. and brown bear between April 15 and Wrangell-St. Elias National Park and (ii) A joint permit may be issued to a June 15. Preserve office. pair of a minor and an elder to hunt

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sheep during the Aug. 1–Oct. 20 hunt. with a positive customary and (D) Only one animal may be harvested The following conditions apply: traditional use determination for the with this permit. The sheep harvested (A) The permittees must be a minor area they want to hunt. will count against the harvest limits of aged 8 to 15 years old and an (C) The minor must hunt under the both the minor and accompanying accompanying adult 60 years of age or direct immediate supervision of the adult. older. accompanying adult, who is responsible (B) Both the elder and the minor must for ensuring that all legal requirements be federally qualified subsistence users are met.

TABLE 11 TO PARAGRAPH (n)(11)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: 1 bear ...... Aug. 10–June 15. Caribou: ...... No open season. Sheep: 1 ram ...... Aug. 10–Sep. 20. 1 sheep by Federal registration permit only by persons 60 years of age or older. Ewes accompanied by Aug. 1–Oct. 20. lambs or lambs may not be taken. Goat: Unit 11, that portion within the Wrangell-St. Elias National Park and Preserve that is bounded by the Chitina Aug. 25–Dec. 31. and Nizina rivers on the south, the Kennicott River and glacier on the southeast, and the Root Glacier on the east—1 goat by Federal registration permit only. Unit 11, the remainder of the Wrangell-St. Elias National Park and Preserve—1 goat by Federal registration Aug. 10–Dec. 31. permit only. Unit 11, that portion outside of the Wrangell-St. Elias National Park and Preserve ...... No open season. Federal public lands will be closed by announcement of the Superintendent, Wrangell-St. Elias National Park and Preserve, to the harvest of goats when a total of 45 goats has been harvested between Federal and State hunts.. Moose: Unit 11, that portion draining into the east bank of the Copper River upstream from and including the Slana Aug. 20–Sep. 20. River drainage—1 antlered bull by joint Federal/State registration permit. Unit 11, that portion south and east of a line running along the north bank of the Chitina River, the north and Aug. 20–Sep. 20. west banks of the Nazina River, and the west bank of West Fork of the Nazina River, continuing along the Nov. 20–Jan. 20. western edge of the West Fork Glacier to the summit of Regal Mountain—1 bull by Federal registration per- mit. However, during the period Aug. 20–Sep. 20, only an antlered bull may be taken. Unit 11, remainder—1 antlered bull by Federal registration permit only ...... Aug. 20–Sep. 20. Muskrat: No limit ...... Sep. 20–June 10. Beaver: 1 beaver per day, 1 in possession ...... June 1–Oct. 10. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken Sep. 1–Mar. 15. prior to Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Feb. 28. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Feb. 28. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Mar. 31.

Trapping

Beaver: No limit ...... Sep. 25–May 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Nov. 10–Feb. 28. Marten: No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(12) Unit 12. Unit 12 consists of the (i) Unit-specific regulations: inch diameter to trap coyotes or wolves Tanana River drainage upstream from (A) You may use bait to hunt black in Unit 12 during April and October. the Robertson River, including all and brown bear between April 15 and (C) One moose without calf may be drainages into the east bank of the June 30; you may use bait to hunt taken from June 20 through July 31 in Robertson River, and the White River wolves on FWS and BLM lands. the Wrangell-St. Elias National Park and drainage in Alaska, but excluding the (B) You may not use a steel trap, or Preserve in Unit 11 or 12 for the Ladue River drainage. a snare using cable smaller than 3⁄32- Batzulnetas Culture Camp. Two hunters

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from either Chistochina or Mentasta sheep during the Aug. 1–Oct. 20 hunt. (C) The minor must hunt under the Village may be designated by the Mt. The following conditions apply: direct immediate supervision of the Sanford Tribal Consortium to receive (A) The permittees must be a minor accompanying adult, who is responsible the Federal subsistence harvest permit. aged 8 to 15 years old and an for ensuring that all legal requirements The permit may be obtained from a accompanying adult 60 years of age or are met. older. Wrangell-St. Elias National Park and (D) Only one animal may be harvested Preserve office. (B) Both the elder and the minor must be federally qualified subsistence users with this permit. The sheep harvested (ii) A joint permit may be issued to a with a positive customary and will count against the harvest limits of pair of a minor and an elder to hunt traditional use determination for the both the minor and accompanying area they want to hunt. adult.

TABLE 12 TO PARAGRAPH (n)(12)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: 1 bear ...... Aug. 10–June 30. Caribou: Unit 12, that portion within the Wrangell-St. Elias National Park that lies west of the Nabesna River and the No open season. Nabesna Glacier. All hunting of caribou is prohibited on Federal public lands. Unit 12, that portion east of the Nabesna River and the Nabesna Glacier and south of the Winter Trail run- Aug. 10–Sep. 30. ning southeast from Pickerel Lake to the Canadian border—1 bull by Federal registration permit only. Federal public lands are closed to the harvest of caribou except by federally qualified subsistence users hunt- ing under these regulations Unit 12, remainder—1 bull ...... Sep. 1–20. Unit 12, remainder—1 caribou may be taken by a Federal registration permit during a winter season to be an- Winter season to be an- nounced. Dates for a winter season to occur between Oct. 1 and Apr. 30, and sex of animal to be taken nounced. will be announced by Tetlin National Wildlife Refuge Manager in consultation with Wrangell-St. Elias Na- tional Park and Preserve Superintendent, Alaska Department of Fish and Game area biologists, and Chairs of the Eastern Interior Regional Advisory Council and Upper Tanana/Fortymile Fish and Game Advisory Committee. Sheep: Unit 12—1 ram with full curl or larger horn ...... Aug. 10–Sep. 20. Unit 12, that portion within Wrangell-St. Elias National Park and Preserve—1 ram with full curl horn or larger Aug. 1–Oct. 20. by Federal registration permit only by persons 60 years of age or older. Moose: Unit 12, that portion within the Tetlin National Wildlife Refuge and those lands within the Wrangell-St. Elias Aug. 24–Sep. 20. National Preserve north and east of a line formed by the Pickerel Lake Winter Trail from the Canadian bor- Nov. 1–Feb. 28. der to Pickerel Lake—1 antlered bull by Federal registration permit. Unit 12, that portion east of the Nabesna River and Nabesna Glacier, and south of the Winter Trail running Aug. 24–Sep. 30. southeast from Pickerel Lake to the Canadian border—1 antlered bull. Unit 12, that portion within the Nabesna River drainage west of the east bank of the Nabesna River upstream Aug. 20–Sep. 20. from the southern boundary of Tetlin National Wildlife Refuge—1 antlered bull by joint Federal/State reg- istration permit only. Unit 12, remainder—1 bull ...... Aug. 24–28. Sep. 8–20. Beaver: Unit 12, Wrangell-St. Elias National Park and Preserve—6 beaver per season. Meat from harvested bea- Sep. 20–May 15. ver must be salvaged for human consumption. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken Sep. 1–Mar. 15. prior to Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Mar. 15. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: No limit. Hide or meat must be salvaged. Traps, snares, bow and arrow, or firearms may be used ...... Sep. 15–Jun 10. Coyote: No limit ...... Oct. 15–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: No limit ...... Nov. 1–Mar. 15. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: No limit ...... Sep. 20–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Oct. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Feb. 28.

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(13) Unit 13. (i) Unit 13 consists of to its headwaters, then across the divide Fork trails, or other trails designated by that area westerly of the east bank of the and down Aspen Creek to the Talkeetna the Board, you may not use motorized Copper River and drained by all River, then southerly along the vehicles for subsistence hunting in the tributaries into the west bank of the boundary of Unit 13 to the Chickaloon Sourdough Controlled Use Area. The Copper River from Miles Glacier and River bridge, the point of beginning. Sourdough Controlled Use Area consists including the Slana River drainages (B) Unit 13B consists of that portion of that portion of Unit 13B bounded by north of Suslota Creek; the drainages of Unit 13 bounded by a line beginning a line beginning at the confluence of into the Delta River upstream from Falls at the confluence of the Copper River Sourdough Creek and the Gulkana Creek and Black Rapids Glacier; the and the Gulkana River, then up the east River, then northerly along Sourdough drainages into the Nenana River bank of the Copper River to the Gakona Creek to the Richardson Highway at upstream from the southeastern corner River, then up the Gakona River and approximately Mile 148, then northerly of Denali National Park at Windy; the Gakona Glacier to the boundary of Unit along the Richardson Highway to the drainage into the Susitna River 13, then westerly along the boundary of Middle Fork Trail at approximately Mile upstream from its junction with the Unit 13 to the Susitna Glacier, then 170, then westerly along the trail to the Chulitna River; the drainage into the southerly along the west bank of the Gulkana River, then southerly along the east bank of the Chulitna River Susitna Glacier and the Susitna River to east bank of the Gulkana River to its upstream to its confluence with the Tyone River, then up the Tyone confluence with Sourdough Creek, the Tokositna River; the drainages of the River and across the divide to the point of beginning. headwaters of the West Fork of the Chulitna River (south of Denali National (D) You may not use any motorized Gulkana River, then down the West Park) upstream from its confluence with vehicle or pack animal for hunting, Fork of the Gulkana River to the the Tokositna River; the drainages into including the transportation of hunters, confluence of the Gulkana River and the the north bank of the Tokositna River their hunting gear, and/or parts of game Copper River, the point of beginning. upstream to the base of the Tokositna from July 26 through September 30 in Glacier; the drainages into the Tokositna (C) Unit 13C consists of that portion of Unit 13 east of the Gakona River and the Tonsina Controlled Use Area. The Glacier; the drainages into the east bank Tonsina Controlled Use Area consists of of the Susitna River between its Gakona Glacier. (D) Unit 13D consists of that portion that portion of Unit 13D bounded on the confluences with the Talkeetna and of Unit 13 south of Unit 13A. west by the Richardson Highway from Chulitna Rivers; the drainages into the (E) Unit 13E consists of the remainder the Tiekel River to the Tonsina River at north and east bank of the Talkeetna of Unit 13. Tonsina, on the north along the south River including the Talkeetna River to (ii) Within the following areas, the bank of the Tonsina River to where the its confluence with Clear Creek, the taking of wildlife for subsistence uses is Edgerton Highway crosses the Tonsina eastside drainages of a line going up the prohibited or restricted on public lands: River, then along the Edgerton Highway south bank of Clear Creek to the first (A) You may not take wildlife for to Chitina, on the east by the Copper unnamed creek on the south, then up subsistence uses on lands within Mount River from Chitina to the Tiekel River, that creek to lake 4408, along the McKinley National Park as it existed and on the south by the north bank of northeastern shore of lake 4408, then prior to December 2, 1980. Subsistence the Tiekel River. southeast in a straight line to the uses as authorized by this paragraph (iii) Unit-specific regulations: northernmost fork of the Chickaloon (n)(13) are permitted in Denali National River; the drainages into the east bank (A) You may use bait to hunt black Preserve and lands added to Denali bear between April 15 and June 15. of the Chickaloon River below the line National Park on December 2, 1980. from lake 4408; the drainages of the (B) You may not use motorized (B) Upon written request by the Camp Matanuska River above its confluence vehicles or pack animals for hunting Director to the Glennallen Field Office, with the Chickaloon River: Aug. 5–25 in the Delta Controlled Use 2 caribou, sex to be determined by the (A) Unit 13A consists of that portion Area, the boundary of which is defined Glennallen Field Office Manager of the of Unit 13 bounded by a line beginning as: A line beginning at the confluence of BLM, may be taken from Aug. 10 at the Chickaloon River bridge at Mile Miller Creek and the Delta River, then through Sep. 30 or Oct. 21 through Mar. 77.7 on the Glenn Highway, then along west to vertical angle benchmark Miller, 31 by Federal registration permit for the the Glenn Highway to its junction with then west to include all drainages of Hudson Lake Residential Treatment the Richardson Highway, then south Augustana Creek and Black Rapids Camp. Additionally, 1 bull moose may along the Richardson Highway to the Glacier, then north and east to include be taken Aug. 1 through Sep. 20. The foot of Simpson Hill at Mile 111.5, then all drainages of McGinnis Creek to its animals may be taken by any federally east to the east bank of the Copper confluence with the Delta River, then qualified hunter designated by the River, then northerly along the east bank east in a straight line across the Delta Camp Director. The hunter must have in of the Copper River to its junction with River to Mile 236.7 Richardson his/her possession the permit and a the Gulkana River, then northerly along Highway, then north along the designated hunter permit during all the west bank of the Gulkana River to Richardson Highway to its junction with periods that are being hunted. its junction with the West Fork of the the Alaska Highway, then east along the (C) For Federally qualified Gulkana River, then westerly along the Alaska Highway to the west bank of the subsistence users living within the west bank of the West Fork of the Johnson River, then south along the Ahtna traditional communities of Gulkana River to its source, an unnamed west bank of the Johnson River and Cantwell, Chistochina, Chitina, Copper lake, then across the divide into the Johnson Glacier to the head of the Center, Gakona, Gulkana, Mentasta Tyone River drainage, down an Cantwell Glacier, then west along the Lake, and Tazlina, a community harvest unnamed stream into the Tyone River, north bank of the Cantwell Glacier and system for caribou and moose is then down the Tyone River to the Miller Creek to the Delta River. authorized on Federal public lands Susitna River, then down the south (C) Except for access and within Unit 13, subject to a framework bank of the Susitna River to the mouth transportation of harvested wildlife on to be established by the Federal of Kosina Creek, then up Kosina Creek Sourdough and Haggard Creeks, Middle Subsistence Board.

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TABLE 13 TO PARAGRAPH (n)(13)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: 1 bear. Bears taken within Denali National Park must be sealed within 5 days of harvest. That por- Aug. 10–May 31. tion within Denali National Park will be closed by announcement of the Superintendent after 4 bears have been harvested. Caribou: Units 13A and 13B—2 caribou by Federal registration permit only. The sex of animals that may be taken will Aug. 1–Sep. 30. be announced by the Glennallen Field Office Manager of the Bureau of Land Management in consultation Oct. 21–Mar. 31. with the Alaska Department of Fish and Game area biologist and Chairs of the Eastern Interior Regional Advisory Council and the Southcentral Regional Advisory Council. Unit 13, remainder—2 bulls by Federal registration permit only ...... Aug. 1–Sep. 30. Oct. 21–Mar. 31. Sheep: Unit 13, excluding Unit 13D and the Tok Management Area and Delta Controlled Use Area—1 ram with 7⁄8 Aug. 10–Sep. 20. curl or larger horn. Moose: Unit 13E—1 antlered bull moose by Federal registration permit only; only 1 permit will be issued per house- Aug. 1–Sep. 20. hold. Unit 13, remainder—1 antlered bull moose by Federal registration permit only ...... Aug. 1–Sep. 20. Beaver: 1 beaver per day, 1 in possession ...... June 15–Sep. 10. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken Sep. 1–Mar. 15. prior to Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Feb. 28. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Feb. 28. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Mar. 31.

Trapping

Beaver: No limit ...... Sep. 25–May 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Nov. 10–Feb. 28. Marten: Unit 13—No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: No limit ...... Sep. 25–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Oct. 15–Apr. 30. Wolverine: No limit ...... Nov. 10–Feb. 28.

(14) Unit 14. (i) Unit 14 consists of northernmost fork of the Chickaloon (C) Unit 14C consists of that portion drainages into the northern side of River: of Unit 14 south of Unit 14A. (A) Unit 14A consists of drainages in Turnagain Arm west of and excluding (ii) In the following areas, the taking Unit 14 bounded on the west by the east the Portage Creek drainage, drainages of wildlife for subsistence uses is bank of the Susitna River, on the north into Knik Arm excluding drainages of prohibited or restricted on public lands: the Chickaloon and Matanuska Rivers in by the north bank of Willow Creek and (A) You may not take wildlife for Unit 13, drainages into the northern side Peters Creek to its headwaters, then east subsistence uses in the Fort Richardson of Cook Inlet east of the Susitna River, along the hydrologic divide separating the Susitna River and Knik Arm and Elmendorf Air Force Base drainages into the east bank of the drainages to the outlet creek at lake Management Areas, consisting of the Susitna River downstream from the 4408, on the east by the eastern Fort Richardson and Elmendorf Military Talkeetna River, and drainages into the boundary of Unit 14, and on the south Reservations; and south and west bank of the Talkeetna by Cook Inlet, Knik Arm, the south bank (B) You may not take wildlife for River to its confluence with Clear Creek, of the Knik River from its mouth to its subsistence uses in the Anchorage the western side drainages of a line junction with Knik Glacier, across the Management Area, consisting of all going up the south bank of Clear Creek face of Knik Glacier and along the drainages south of Elmendorf and Fort to the first unnamed creek on the south, northern side of Knik Glacier to the Unit then up that creek to lake 4408, along 6 boundary; Richardson military reservations and the northeastern shore of lake 4408, (B) Unit 14B consists of that portion north of and including Rainbow Creek. then southeast in a straight line to the of Unit 14 north of Unit 14A; and (iii) Unit-specific regulations:

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TABLE 14 TO PARAGRAPH (n)(14)

Harvest limits Open season

Hunting

Black Bear: Unit 14C—1 bear ...... July 1–June 30. Beaver: Unit 14C—1 beaver per day, 1 in possession ...... May 15–Oct. 31. Coyote: Unit 14C—2 coyotes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): Unit 14C—2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): Unit 14C—5 hares per day ...... Sep. 8–Apr. 30. Lynx: Unit 14C—2 lynx ...... Dec. 1–Jan. 31. Wolf: Unit 14C—5 wolves ...... Aug. 10–Apr. 30. Wolverine: Unit 14C—1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce and Ruffed): Unit 14C—5 per day, 10 in possession ...... Sep. 8–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): Unit 14C—10 per day, 20 in possession ...... Sep. 8–Mar. 31.

Trapping

Beaver: Unit 14C, that portion within the drainages of Glacier Creek, Kern Creek, Peterson Creek, the Twentymile Dec. 1–Apr. 15. River and the drainages of Knik River outside Chugach State Park—20 beaver per season. Coyote: Unit 14C—No limit ...... Nov. 10–Feb. 28. Fox, Red (including Cross, Black and Silver Phases): Unit 14C—1 fox ...... Nov. 10–Feb. 28. Lynx: Unit 14C—No limit ...... Dec. 15–Jan. 31. Marten: Unit 14C—No limit ...... Nov. 10–Jan. 31. Mink and Weasel: Unit 14C—No limit ...... Nov. 10–Jan. 31. Muskrat: Unit 14C—No limit ...... Nov. 10–May 15. Otter: Unit 14C—No limit ...... Nov. 10–Feb. 28. Wolf: Unit 14C—No limit ...... Nov. 10–Feb. 28. Wolverine: Unit 14C—2 wolverines ...... Nov. 10–Jan. 31.

(15) Unit 15. (i) Unit 15 consists of Kenai River and the northern shore of Skilak Lake Campground, then that portion of the Kenai Peninsula and Skilak Lake, and north of the north bank northerly along the Lower Skilak Lake adjacent islands draining into the Gulf of the Kasilof River, the northern shore Campground Road and the Skilak Loop of Alaska, Cook Inlet, and Turnagain of Tustumena Lake, Glacier Creek, and Road to its westernmost junction with Arm from Gore Point to the point where Tustumena Glacier; and the Sterling Highway, then easterly longitude line 150°00′ W crosses the (C) Unit 15C consists of the remainder along the Sterling Highway to the point coastline of Chickaloon Bay in of Unit 15. of beginning. (ii) You may not take wildlife, except Turnagain Arm, including that area (iii) Unit-specific regulations: lying west of longitude line 150°00′ W for grouse, ptarmigan, and hares that to the mouth of the Russian River, then may be taken only from October 1 (A) You may use bait to hunt black southerly along the Chugach National through March 1 by bow and arrow bear between April 15 and June 15; Forest boundary to the upper end of only, in the Skilak Loop Management (B) You may not trap furbearers for Upper Russian Lake; and including the Area, which consists of that portion of subsistence in the Skilak Loop Wildlife drainages into Upper Russian Lake west Unit 15A bounded by a line beginning Management Area; of the Chugach National Forest at the easternmost junction of the (C) You may not trap marten in that boundary: Sterling Highway and the Skilak Loop (A) Unit 15A consists of that portion (milepost 76.3), then due south to the portion of Unit 15B east of the Kenai of Unit 15 north of the north bank of the south bank of the Kenai River, then River, Skilak Lake, Skilak River, and Kenai River and the northern shore of southerly along the south bank of the Skilak Glacier; and Skilak Lake; Kenai River to its confluence with (D) You may not take red fox in Unit (B) Unit 15B consists of that portion Skilak Lake, then westerly along the 15 by any means other than a steel trap of Unit 15 south of the north bank of the northern shore of Skilak Lake to Lower or snare.

TABLE 15 TO PARAGRAPH (n)(15)

Harvest limits Open season

Hunting

Black Bear: Units 15A and 15B—2 bears by Federal registration permit ...... July 1–June 30. Unit 15C—3 bears ...... July 1–June 30. Brown Bear: Unit 15—1 bear every 4 regulatory years by Federal registration permit. The season may be opened Sep. 1–Nov. 30, to be an- or closed by announcement from the Kenai National Wildlife Refuge Manager after consultation with ADF&G nounced and Apr. 1–June and the Chair of the Southcentral Alaska Subsistence Regional Advisory Council. 15, to be announced. Caribou: Unit 15B, within the Kenai National Wildlife Refuge Wilderness Area—1 caribou by Federal drawing permit .... Aug. 10–Sep. 20. Unit 15C, north of the Fox River and east of Windy Lake—1 caribou by Federal drawing permit ...... Aug. 10–Sep. 20. Unit 15, remainder ...... No open season. Goat: 1 goat by Federal drawing permit. Kids or nannies accompanied by kids may not be taken ...... Aug. 10–Nov. 14. Moose:

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TABLE 15 TO PARAGRAPH (n)(15)—Continued

Harvest limits Open season

Unit 15A—Skilak Loop Wildlife Management Area ...... No open season. Units 15A, remainder, 15B, and 15C—1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow Aug. 10–Sep. 20. tines on either antler, by Federal registration permit only. Units 15B and 15C—1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow tines on either Oct. 20–Nov. 10. antler, by Federal registration permit only. The Kenai NWR Refuge Manager is authorized to close the Oc- tober–November season based on conservation concerns, in consultation with ADF&G and the Chair of the Southcentral Alaska Subsistence Regional Advisory Council. Unit 15C—1 cow by Federal registration permit only ...... Aug. 10–Sep. 20. Sheep: 1 ram with 3⁄4 curl horn or larger by Federal drawing permit ...... Aug 10–Sep. 20. Coyote: No limit ...... Sep. 1–Apr. 30. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Jan. 31. Wolf: Unit 15, that portion within the Kenai National Wildlife Refuge—2 wolves ...... Aug. 10–Apr. 30. Unit 15, remainder—5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Grouse (Ruffed) ...... No open season. Ptarmigan (Rock, Willow, and White-tailed): Unit 15A and 15B—20 per day, 40 in possession ...... Aug. 10–Mar. 31. Unit 15C—20 per day, 40 in possession ...... Aug. 10–Dec. 31. Unit 15C—5 per day, 10 in possession ...... Jan. 1–Mar. 31.

Trapping

Beaver: 20 beaver per season ...... Nov. 10–Mar. 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): 1 Fox ...... Nov. 10–Feb. 28. Lynx: No limit ...... Jan. 1–31. Marten: Unit 15B, that portion east of the Kenai River, Skilak Lake, Skilak River, and Skilak Glacier ...... No open season. Remainder of Unit 15—No limit ...... Nov. 10–Jan. 31. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–May 15. Otter: Unit 15—No limit ...... Nov. 10–Feb. 28. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: Unit 15B and C—No limit ...... Nov. 10–Feb. 28.

(16) Unit 16. (i) Unit 16 consists of the southern side of the Tokositna River (ii) You may not take wildlife for drainages into Cook Inlet between upstream to the base of the Tokositna subsistence uses in the Mount McKinley Redoubt Creek and the Susitna River, Glacier, including the drainage of the National Park, as it existed prior to including Redoubt Creek drainage, Kahiltna Glacier: December 2, 1980. Subsistence uses as Kalgin Island, and the drainages on the (A) Unit 16A consists of that portion authorized by this paragraph (n)(16) are western side of the Susitna River of Unit 16 east of the east bank of the permitted in Denali National Preserve (including the Susitna River) upstream Yentna River from its mouth upstream and lands added to Denali National Park to its confluence with the Chulitna to the Kahiltna River, east of the east on December 2, 1980. River; the drainages into the western bank of the Kahiltna River, and east of (iii) Unit-specific regulations: side of the Chulitna River (including the the Kahiltna Glacier; and (A) You may use bait to hunt black Chulitna River) upstream to the (B) Unit 16B consists of the remainder bear between April 15 and June 15. Tokositna River, and drainages into the of Unit 16. (B) [Reserved]

TABLE 16 TO PARAGRAPH (n)(16)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Caribou: 1 caribou ...... Aug. 10–Oct. 31. Moose: Unit 16B, Redoubt Bay Drainages south and west of, and including the Kustatan River drainage—1 bull ...... Sep. 1–15. Unit 16B, Denali National Preserve only—1 bull by Federal registration permit. One Federal registration per- Sep. 1–30. mit for moose issued per household. Dec. 1–Feb. 28. Unit 16B, remainder—1 bull ...... Sep. 1–30. Dec. 1–Feb. 28. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sep. 1–Feb. 15. Hare (Snowshoe): No limit ...... July 1–June 30.

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TABLE 16 TO PARAGRAPH (n)(16)—Continued

Harvest limits Open season

Lynx: 2 lynx ...... Dec. 1–Jan. 31. Wolf: 5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce and Ruffed): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Mar. 31.

Trapping

Beaver: No limit ...... Oct. 10–May 15. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Dec. 15–Jan. 31. Marten: No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(17) Unit 17. (i) Unit 17 consists of (ii) In the following areas, the taking (C) If you have a trapping license, you drainages into Bristol Bay and the of wildlife for subsistence uses is may use a firearm to take beaver in Unit Bering Sea between Etolin Point and prohibited or restricted on public lands: 17 from April 15 through May 31. You Cape Newenham, and all islands (A) Except for aircraft and boats and may not take beaver with a firearm between these points including in legal hunting camps, you may not use under a trapping license on National Hagemeister Island and the Walrus any motorized vehicle for hunting Park Service lands. ungulates, bear, wolves, and wolverine, Islands: (D) In Unit 17, a snowmachine may be including transportation of hunters and (A) Unit 17A consists of the drainages parts of ungulates, bear, wolves, or used to assist in the taking of a caribou, between Cape Newenham and Cape wolverine in the Upper Mulchatna and caribou may be shot from a Constantine, and Hagemeister Island Controlled Use Area consisting of Unit stationary snowmachine. ‘‘Assist in the and the Walrus Islands; 17B, from Aug. 1 through Nov. 1. taking of a caribou’’ means a snowmachine may be used to approach (B) Unit 17B consists of the Nushagak (B) [Reserved] within 300 yards of a caribou at speeds River drainage upstream from, and (iii) Unit-specific regulations: (A) You may use bait to hunt black under 15 miles per hour, in a manner including the Mulchatna River drainage bear between April 15 and June 15. that does not involve repeated and the Wood River drainage upstream (B) You may hunt brown bear by State approaches or that causes a caribou to from the outlet of Lake Beverley; and registration permit in lieu of a resident run. A snowmachine may not be used (C) Unit 17C consists of the remainder tag if you have obtained a State to contact an animal or to pursue a of Unit 17. registration permit prior to hunting. fleeing caribou.

TABLE 17 TO PARAGRAPH (n)(17)

Harvest limits Open season

Hunting

Black Bear: 2 bears ...... Aug. 1–May 31. Brown Bear: Unit 17—1 bear by State registration permit only ...... Sep. 1–May 31. Caribou: Unit 17A, all drainages west of Right Hand Point—2 caribou by State registration permit ...... Aug. 1–Mar. 31. Units 17A and 17C, that portion of 17A and 17C consisting of the Nushagak Peninsula south of the Igushik Aug. 1–Mar. 31. River, Tuklung River and Tuklung Hills, west to Tvativak Bay—up to 5 caribou by Federal registration per- mit. Public lands are closed to the taking of caribou except by federally qualified users unless the population esti- mate exceeds 900 caribou. Units 17A, remainder and 17C, remainder—selected drainages; a harvest limit of up to 2 caribou by State Season may be announced registration permit will be determined at the time the season is announced. between Aug. 1 and Mar. 31. Units 17B and 17C, that portion of 17C east of the Wood River and Wood River Lakes—2 caribou by State Aug. 1–Mar. 31. registration permit. Sheep: 1 ram with full curl or larger horn ...... Aug. 10–Sep. 20. Moose: Unit 17A—1 bull by State registration permit; or ...... Aug. 25–Sep. 25. 1 antlerless moose by State registration permit; or ...... Aug. 25–Sep. 25. Unit 17A—up to 2 moose; one antlered bull by State registration permit, one antlerless moose by State reg- Up to a 31-day season may istration permit. be announced between Dec. 1 and the last day of Feb. Units 17B and 17C—one bull ...... Aug. 20–Sep. 15. Dec. 1–31.

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TABLE 17 TO PARAGRAPH (n)(17)—Continued

Harvest limits Open season

During the period Aug. 20–Sep. 15—one bull by State registration permit; or During the period Sep. 1–15—one bull with spike-fork or 50-inch antlers or antlers with three or more brow tines on at least one side with a State harvest ticket; or During the period Dec. 1–31—one antlered bull by State registration permit. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... Dec. 1–Mar. 15. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sep. 1–Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Feb. 28. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce and Ruffed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): 20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: Unit 17—No limit ...... Oct. 10–Mar. 31. Unit 17—2 beaver per day. Only firearms may be used ...... Apr. 15–May 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Mar. 31. Lynx: No limit ...... Nov. 10–Mar. 31. Marten: No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: 2 muskrats ...... Nov. 10–Feb. 28. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(18) Unit 18. (i) Unit 18 consists of bank of the main channel of Old River (iii) Unit-specific regulations: that area draining into the Yukon and to Igyalleq Creek (Whitefish Creek), then (A) If you have a trapping license, you Kuskokwim Rivers westerly and along the south and west bank of may use a firearm to take beaver in Unit downstream from a line starting at the Igyalleq Creek to Whitefish Lake, then 18 from April 1 through June 10. downriver boundary of Paimiut on the directly across Whitefish Lake to Ophir (B) You may hunt brown bear by State north bank of the Yukon River then Creek, then along the west bank of registration permit in lieu of a resident south across the Yukon River to the Ophir Creek to its headwaters at tag if you have obtained a State ° ′ ° ′ northern terminus of the Paimiut 61 10.22 N lat., 159 46.05 W long., and registration permit prior to hunting. Portage, then south along the Paimiut the drainages flowing into the Bering (C) You may take caribou from a boat Portage to its intersection with Arhymot Sea from Cape Newenham on the south moving under power in Unit 18. Lake, then south along the northern and to and including the Pastolik River (D) You may take moose from a boat western bank of Arhymot Lake to the drainage on the north; Nunivak, St. moving under power in that portion of outlet at Crooked Creek (locally known Matthews, and adjacent islands between Unit 18 west of a line running from the as Johnson River), then along the south Cape Newenham and the Pastolik River, mouth of the Ishkowik River to the bank of Crooked Creek downstream to and all seaward waters and lands within closest point of Dall Lake, then to the the northern terminus of Crooked Creek 3 miles of these coastlines. east bank of the Johnson River at its to the Yukon-Kuskokwim Portage (ii) In the Kalskag Controlled Use entrance into Nunavakanukakslak Lake (locally known as the Mud Creek Area, which consists of that portion of ° ′ ° ′ Tramway), then along the west side of Unit 18 bounded by a line from Lower (N 60 59.41 Latitude; W 162 22.14 Kalskag on the Kuskokwim River, Longitude), continuing upriver along a the tramway to Mud Creek, then along 1 the westerly bank of Mud Creek northwesterly to Russian Mission on the line ⁄2 mile south and east of, and downstream to an unnamed slough of Yukon River, then east along the north paralleling a line along the southerly the Kuskokwim River (locally known as bank of the Yukon River to the old site bank of the Johnson River to the First Slough or Kalskag Slough), then of Paimiut, then back to Lower Kalskag, confluence of the east bank of Crooked along the west bank of this unnamed you are not allowed to use aircraft for Creek, then continuing upriver to the slough downstream to its confluence hunting any ungulate, bear, wolf, or outlet at Arhymot Lake, then following with the Kuskokwim River, then wolverine, including the transportation the south bank west to the Unit 18 southeast across the Kuskokwim River of any hunter and ungulate, bear, wolf, border. to its southerly bank, then along the or wolverine part; however, this does (E) Taking of wildlife in Unit 18 while south bank of the Kuskokwim River not apply to transportation of a hunter in possession of lead shot size T, .20 upriver to the confluence of a or ungulate, bear, wolf, or wolverine caliber or less in diameter, is prohibited. Kuskokwim River slough locally known part by aircraft between publicly owned (F) You may not pursue with a as Old River, then across Old River to airports in the Controlled Use Area or motorized vehicle an ungulate that is at the downriver terminus of the island between a publicly owned airport or near a full gallop. formed by Old River and the within the Area and points outside the (G) You may use artificial light when Kuskokwim River, then along the north Area. taking a bear at a den site.

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TABLE 18 TO PARAGRAPH (n)(18)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: 1 bear by State registration permit only ...... Sep. 1–May 31. Caribou: Unit 18, that portion to the east and south of the Kuskokwim River—2 caribou by State registration permit ...... Aug. 1–Mar. 15. Unit 18, remainder—2 caribou by State registration permit ...... Aug. 1–Mar. 15. Moose: Unit 18, that portion east of a line running from the mouth of the Ishkowik River to the closest point of Dall Sep. 1–30. Lake, then to the east bank of the Johnson River at its entrance into Nunavakanukakslak Lake (N 60°59.41′ Latitude; W 162°22.14′ Longitude), continuing upriver along a line 1⁄2 mile south and east of, and paralleling a line along the southerly bank of the Johnson River to the confluence of the east bank of Crooked Creek, then continuing upriver to the outlet at Arhymot Lake, then following the south bank east of the Unit 18 border and then north of and including the Eek River drainage—1 antlered bull by State registration permit; quotas will be announced annually by the Yukon Delta National Wildlife Refuge Manager. Federal public lands are closed to the taking of moose except by residents of Tuntutuliak, Eek, Napakiak, Napaskiak, Kasigluk, Nunapitchuk, Atmautlauk, Oscarville, Bethel, Kwethluk, Akiachak, Akiak, Tuluksak, Lower Kalskag, and Kalskag. Unit 18, south of the Eek River drainage and north of the Goodnews River drainage—1 antlered bull by State Sep. 1–30. registration permit. Unit 18, Goodnews River drainage and south to the Unit 18 boundary—1 antlered bull by State registration Sep. 1–30. permit. Or 1 moose by State registration permit ...... A season may be an- nounced between Dec. 1 and the last day of Feb. Unit 18, remainder—2 moose, only one of which may be antlered. Antlered bulls may not be harvested from Aug. 1–Apr. 30. Oct. 1 through Nov. 30. Beaver: No limit ...... July 1–June 30. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken Sep. 1–Mar. 15. prior to Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 5 lynx ...... Aug. 10–Apr. 30. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 2 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce and Ruffed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): 15 per day, 30 in possession ...... Aug. 10–May 30.

Trapping

Beaver: No limit ...... July 1–June 30. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Mar. 31. Lynx: No limit ...... Nov. 10–Mar. 31. Marten: No limit ...... Nov. 10–Mar. 31. Mink and Weasel: No limit ...... Nov. 10–Mar. 31. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Mar. 31.

(19) Unit 19. (i) Unit 19 consists of the known as First Slough or Kalskag along the south and west bank of Kuskokwim River drainage upstream, Slough), then along the west bank of Igyalleq Creek to Whitefish Lake, then excluding the drainages of Arhymot this unnamed slough downstream to its directly across Whitefish Lake to Ophir Lake, from a line starting at the outlet confluence with the Kuskokwim River, Creek then along the west bank of Ophir of Arhymot Lake at Crooked Creek then southeast across the Kuskokwim Creek to its headwaters at 61°10.22′ N (locally known as Johnson River), then River to its southerly bank, then along lat., 159°46.05′ W long.: along the south bank of Crooked Creek the south bank of the Kuskokwim River (A) Unit 19A consists of the downstream to the northern terminus of upriver to the confluence of a Kuskokwim River drainage downstream Crooked Creek to the Yukon- Kuskokwim River slough locally known from and including the Moose Creek Kuskokwim Portage (locally known as as Old River, then across Old River to drainage on the north bank and the Mud Creek Tramway), then along the downriver terminus of the island downstream from and including the the west side of the tramway to Mud formed by Old River and the Stony River drainage on the south bank, Creek, then along the westerly bank of Kuskokwim River, then along the north excluding Unit 19B; Mud Creek downstream to an unnamed bank of the main channel of Old River (B) Unit 19B consists of the Aniak slough of the Kuskokwim River (locally to Igyalleq Creek (Whitefish Creek), then River drainage upstream from and

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including the Salmon River drainage, (A) You may not take wildlife for however, this does not apply to the Holitna River drainage upstream subsistence uses on lands within Mount transportation of a moose hunter or from and including the Bakbuk Creek McKinley National Park as it existed moose part by aircraft between publicly drainage, that area south of a line from prior to December 2, 1980. Subsistence owned airports in the Controlled Use the mouth of Bakbuk Creek to the radar uses as authorized by this paragraph Area, or between a publicly owned dome at Sparrevohn Air Force Base, (n)(19) are permitted in Denali National airport within the area and points including the Hoholitna River drainage Preserve and lands added to Denali outside the area. upstream from that line, and the Stony National Park on December 2, 1980. (iii) Unit-specific regulations: (B) In the Upper Kuskokwim River drainage upstream from and (A) You may use bait to hunt black Controlled Use Area, which consists of including the Can Creek drainage; bear between April 15 and June 30. that portion of Unit 19D upstream from (C) Unit 19C consists of that portion (B) You may hunt brown bear by State of Unit 19 south and east of a line from the mouth of the Selatna River, but excluding the Selatna and Black River registration permit in lieu of a resident Benchmark M #1.26 (approximately tag in those portions of Units 19A and 1.26 miles south of the northwestern drainages, to a line extending from Dyckman Mountain on the northern 19B downstream of and including the corner of the original Mt. McKinley Aniak River drainage if you have National Park boundary) to the peak of Unit 19D boundary southeast to the 1,610-foot crest of Munsatli Ridge, then obtained a State registration permit Lone Mountain, then due west to Big south along Munsatli Ridge to the 2,981- prior to hunting. River, including the Big River drainage foot peak of Telida Mountain, then (C) In Unit 19C, individual residents upstream from that line, and including northeast to the intersection of the of Nikolai may harvest sheep during the the Swift River drainage upstream from western boundary of Denali National Aug. 10 to Sep. 20 season and not have and including the North Fork drainage; Preserve with the Minchumina-Telida that animal count against the and winter trail, then south along the community harvest limit (during the (D) Unit 19D consists of the remainder western boundary of Denali National Oct. 1 to Mar. 30 season). Individual of Unit 19. Preserve to the southern boundary of residents of Nikolai that harvest a sheep (ii) In the following areas, the taking Unit 19D, you may not use aircraft for under State regulations may not of wildlife for subsistence uses is hunting moose, including transportation participate in the Oct. 1 to Mar. 30 prohibited or restricted on public land: of any moose hunter or moose part; community harvest.

TABLE 19 TO PARAGRAPH (n)(19)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Units 19A and 19B, those portions which are downstream of and including the Aniak River drain- Aug. 10–June 30. age—1 bear by State registration permit. Units 19A, remainder, 19B, remainder, and Unit 19D—1 bear ...... Aug. 10–June 30. Caribou: Units 19A and 19B (excluding rural Alaska residents of Lime Village)—2 caribou by State registration Aug. 1–Mar. 15. permit. Unit 19C—1 caribou ...... Aug. 10–Oct. 10. Unit 19D, south and east of the Kuskokwim River and North Fork of the Kuskokwim River—1 caribou ...... Aug. 10–Sep. 30. Nov. 1–Jan. 31. Unit 19D, remainder—1 caribou ...... Aug. 10–Sep. 30. Unit 19, residents domiciled in Lime Village only—no individual harvest limit but a village harvest quota of 200 July 1–June 30. caribou; cows and calves may not be taken from Apr. 1 through Aug. 9. Reporting will be by a community reporting system. Sheep: 1 ram with 7⁄8 curl horn or larger ...... Aug. 10–Sep. 20. Unit 19C, that portion within the Denali National Park and Preserve-residents of Nikolai only—no individual Oct. 1–Mar. 30. harvest limit, but a community harvest quota will be set annually by the Denali National Park and Preserve Superintendent; rams or ewes without lambs only. Reporting will be by a community reporting system. Moose: Unit 19, residents of Lime Village only—no individual harvest limit, but a village harvest quota of 28 bulls July 1–June 30. (including those taken under the State permits). Reporting will be by a community reporting system. Unit 19A, Lime Village Management Area—2 bulls by State or Federal registration permit ...... Aug. 10–Sep. 25. Nov. 20–Mar 31. Unit 19A, north of the Kuskokwim River, upstream from but excluding the George River drainage, and south Sep. 1–5. of the Kuskokwim River upstream from and including the Downey Creek drainage, not including the Lime Village Management Area—1 antlered bull by State registration permit available in Sleetmute and Stoney River on July 24. Permits issued on a first come, first served basis (number of permits to be announced an- nually). Unit 19A, remainder—1 antlered bull by Federal drawing permit or a State permit. Federal public lands are Sep. 1–20. closed to the taking of moose except by residents of Tuluksak, Lower Kalskag, Upper Kalskag, Aniak, Chuathbaluk, and Crooked Creek hunting under these regulations. Unit 19B—1 bull with spike-fork or 50-inch antlers or antlers with 4 or more brow tines on one side ...... Sep. 1–20. Unit 19C—1 antlered bull ...... Sep. 1–20. Unit 19C—1 bull by State registration permit ...... Jan. 15–Feb. 15. Unit 19D, that portion of the Upper Kuskokwim Controlled Use Area within the North Fork drainage upstream Sep. 1–30. from the confluence of the South Fork to the mouth of the Swift Fork—1 antlered bull. Unit 19D, remainder of the Upper Kuskokwim Controlled Use Area—1 bull ...... Sep. 1–30. Dec. 1–Feb. 28. Unit 19D, remainder—1 antlered bull ...... Sep. 1–30. Dec. 1–15.

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TABLE 19 TO PARAGRAPH (n)(19)—Continued

Harvest limits Open season

Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken Sep. 1–Mar. 15. prior to Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Feb. 28. Wolf: Unit 19D—10 wolves per day ...... Aug. 10–Apr. 30. Unit 19, remainder—5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: No limit ...... Nov. 1–June 10. Coyote: No limit ...... Nov. 1–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Mar. 31. Lynx: No limit ...... Nov. 1–Feb. 28. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Mar. 31.

(20) Unit 20. (i) Unit 20 consists of the (E) Unit 20E consists of drainages into (C) You may not use firearms, Yukon River drainage upstream from the south bank of the Yukon River snowmobiles, licensed highway and including the Tozitna River upstream from and including the vehicles or motorized vehicles, except drainage to and including the Hamlin Charley River drainage, and the Ladue aircraft and boats, in the Dalton Creek drainage, drainages into the south River drainage. Highway Corridor Management Area, bank of the Yukon River upstream from (F) Unit 20F consists of the remainder which consists of those portions of and including the Charley River of Unit 20. Units 20, 24, 25, and 26 extending 5 drainage, the Ladue River and Fortymile (ii) In the following areas, the taking miles from each side of the Dalton River drainages, and the Tanana River of wildlife for subsistence uses is Highway from the Yukon River to drainage north of Unit 13 and prohibited or restricted on public land: milepost 300 of the Dalton Highway, downstream from the east bank of the (A) You may not take wildlife for except as follows: Residents living Robertson River: subsistence uses on lands within Mount within the Dalton Highway Corridor (A) Unit 20A consists of that portion McKinley National Park as it existed Management Area may use prior to December 2, 1980. Subsistence of Unit 20 bounded on the south by the snowmobiles only for the subsistence uses as authorized by this paragraph Unit 13 boundary, bounded on the east taking of wildlife. You may use licensed (n)(20) are permitted in Denali National by the west bank of the Delta River, highway vehicles only on designated Preserve and lands added to Denali bounded on the north by the north bank roads within the Dalton Highway National Park on December 2, 1980. of the Tanana River from its confluence Corridor Management Area. The with the Delta River downstream to its (B) You may not use motorized vehicles or pack animals for hunting residents of Alatna, Allakaket, confluence with the Nenana River, and Anaktuvuk Pass, Bettles, Evansville, bounded on the west by the east bank Aug. 5–25 in the Delta Controlled Use Area, the boundary of which is defined Stevens Village, and residents living of the Nenana River. within the Corridor may use firearms (B) Unit 20B consists of drainages into as: a line beginning at the confluence of within the Corridor only for subsistence the northern bank of the Tanana River Miller Creek and the Delta River, then taking of wildlife. from and including Hot Springs Slough west to vertical angle benchmark Miller, upstream to and including the Banner then west to include all drainages of (D) You may not use any motorized Creek drainage. Augustana Creek and Black Rapids vehicle for hunting August 5–September (C) Unit 20C consists of that portion Glacier, then north and east to include 20 in the Glacier Mountain Controlled of Unit 20 bounded on the east by the all drainages of McGinnis Creek to its Use Area, which consists of that portion east bank of the Nenana River and on confluence with the Delta River, then of Unit 20E bounded by a line beginning the north by the north bank of the east in a straight line across the Delta at Mile 140 of the Taylor Highway, then Tanana River downstream from the River to Mile 236.7 of the Richardson north along the highway to Eagle, then Nenana River. Highway, then north along the west along the cat trail from Eagle to (D) Unit 20D consists of that portion Richardson Highway to its junction with Crooked Creek, then from Crooked of Unit 20 bounded on the east by the the Alaska Highway, then east along the Creek southwest along the west bank of east bank of the Robertson River and on Alaska Highway to the west bank of the Mogul Creek to its headwaters on North the west by the west bank of the Delta Johnson River, then south along the Peak, then west across North Peak to the River, and drainages into the north bank west bank of the Johnson River and headwaters of Independence Creek, then of the Tanana River from its confluence Johnson Glacier to the head of the southwest along the west bank of with the Robertson River downstream Canwell Glacier, then west along the Independence Creek to its confluence to, but excluding, the Banner Creek north bank of the Canwell Glacier and with the North Fork of the Fortymile drainage. Miller Creek to the Delta River. River, then easterly along the south

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bank of the North Fork of the Fortymile confluence of Rosie Creek and the then up First Chance Creek to Tungsten River to its confluence with Champion Tanana River, northerly along Rosie Hill, then southerly along Steele Creek Creek, then across the North Fork of the Creek to Isberg Road, then northeasterly to its confluence with Ruby Creek, then Fortymile River to the south bank of on Isberg Road to Cripple Creek Road, upstream along Ruby Creek to Esro Champion Creek and easterly along the then northeasterly on Cripple Creek Road, then south on Esro Road to Chena south bank of Champion Creek to its Road to the Parks Highway, then north Hot Springs Road, then east on Chena confluence with Little Champion Creek, on the Parks Highway to Alder Creek, Hot Springs Road to Nordale Road, then then northeast along the east bank of then westerly to the middle fork of south on Nordale Road to the Chena Little Champion Creek to its Rosie Creek through section 26 to the River, to its intersection with the Trans- headwaters, then northeasterly in a Parks Highway, then east along the Alaska Pipeline right of way, then direct line to Mile 140 on the Taylor Parks Highway to Alder Creek, then southeasterly along the easterly edge of Highway; however, this does not upstream along Alder Creek to its the Trans-Alaska Pipeline right of way prohibit motorized access via, or confluence with Emma Creek, then to the Chena River, then along the north transportation of harvested wildlife on, upstream along Emma Creek to its bank of the Chena River to the Moose the Taylor Highway or any airport. headwaters, then northerly along the Creek dike, then southerly along the (E) You may by permit hunt moose on hydrographic divide between Moose Creek dike to its intersection the Minto Flats Management Area, Goldstream Creek drainages and Cripple with the Tanana River, and then which consists of that portion of Unit 20 Creek drainages to the summit of Ester westerly along the north bank of the bounded by the Elliot Highway Dome, then down Sheep Creek to its Tanana River to the point of beginning. beginning at Mile 118, then confluence with Goldstream Creek, then (iii) Unit-specific regulations: northeasterly to Mile 96, then east to the easterly along Goldstream Creek to (A) You may use bait to hunt black Tolovana Hotsprings Dome, then east to Sheep Creek Road, then north on Sheep bear April 15–June 30; you may use bait the Winter Cat Trail, then along the Cat Creek Road to Murphy Dome Road, then to hunt wolves on FWS and BLM lands. Trail south to the Old Telegraph Trail at west on Murphy Dome Road to Old (B) You may not use a steel trap or a Dunbar, then westerly along the trail to Murphy Dome Road, then east on Old snare using cable smaller than 3⁄32-inch a point where it joins the Tanana River Murphy Dome Road to the Elliot diameter to trap coyotes or wolves in 3 miles above Old Minto, then along the Highway, then south on the Elliot Unit 20E during April and October. north bank of the Tanana River Highway to Goldstream Creek, then (C) Residents of Units 20 and 21 may (including all channels and sloughs easterly along Goldstream Creek to its take up to three moose per regulatory except Swan Neck Slough), to the confluence with First Chance Creek, year for the celebration known as the confluence of the Tanana and Tolovana Davidson Ditch, then southeasterly Nuchalawoyya Potlatch, under the Rivers and then northerly to the point along the Davidson Ditch to its terms of a Federal registration permit. of beginning. confluence with the tributary to Permits will be issued to individuals at (F) You may hunt moose only by bow Goldstream Creek in Section 29, then the request of the Native Village of and arrow in the Fairbanks Management downstream along the tributary to its Tanana only. This three-moose limit is Area. The Area consists of that portion confluence with Goldstream Creek, then not cumulative with that permitted by of Unit 20B bounded by a line from the in a straight line to First Chance Creek, the State.

TABLE 20 TO PARAGRAPH (n)(20)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 20A—1 bear ...... Sep. 1–May 31. Unit 20E—1 bear ...... Aug. 10–June 30. Unit 20, remainder—1 bear ...... Sep. 1–May 31. Caribou: Unit 20E—up to 3 caribou, to be announced, by a joint State/Federal registration permit ...... Fall season between Aug. 1 and Sep. 30, to be an- nounced. Winter season between Oct. 21 and Mar. 31, to be an- nounced. Unit 20F, north of the Yukon River—1 caribou ...... Aug. 10–Mar. 31. Unit 20F, east of the Dalton Highway and south of the Yukon River—up to 3 caribou, to be announced, by a Fall season between Aug. 1 joint State/Federal registration permit. and Sep. 30, to be an- nounced. Winter season between Oct. 21 and Mar. 31, to be an- nounced. Moose: Unit 20A—1 antlered bull ...... Sep. 1–20. Unit 20B, that portion within the Minto Flats Management Area—1 bull by Federal registration permit only ...... Sep. 1–20. Jan. 10–Feb. 28. Unit 20B, remainder—1 antlered bull ...... Sep. 1–20. Unit 20C, that portion within Denali National Park and Preserve west of the Toklat River, excluding lands Sep. 1–30. within Mount McKinley National Park as it existed prior to December 2, 1980—1 antlered bull; however, Nov. 15–Dec. 15. white-phased or partial albino (more than 50 percent white) moose may not be taken. Unit 20C, remainder—1 antlered bull; however, white-phased or partial albino (more than 50 percent white) Sep. 1–30. moose may not be taken. Unit 20E, that portion within Yukon-Charley Rivers National Preserve—1 bull ...... Aug. 20–Sep. 30.

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TABLE 20 TO PARAGRAPH (n)(20)—Continued

Harvest limits Open season

Unit 20E, that portion drained by the Middle Fork of the Fortymile River upstream from and including the Jo- Aug. 20–Sep. 30. seph Creek drainage—1 bull. Unit 20E, remainder—1 bull by joint Federal/State registration permit ...... Aug. 20–Sep. 30. Unit 20F, that portion within the Dalton Highway Corridor Management Area—1 antlered bull by Federal reg- Sep. 1–25. istration permit only. Unit 20F, remainder—1 antlered bull ...... Sep. 1–30. Dec. 1–10. Sheep: Unit 20E—1 ram with full-curl horn or larger ...... Aug. 10–Sep. 20. Unit 20, remainder ...... No open season. Beaver: Unit 20E—Yukon-Charley Rivers National Preserve—6 beaver per season. Meat from harvested beaver Sep. 20–May 15. must be salvaged for human consumption. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken Sep. 1–Mar. 15. prior to Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: Units 20A, 20B, and that portion of 20C east of the Teklanika River—2 lynx ...... Dec. 1–Jan. 31. Unit 20E—2 lynx ...... Nov. 1–Jan. 31. Unit 20, remainder—2 lynx ...... Dec. 1–Jan. 31. Muskrat: Unit 20E, that portion within Yukon-Charley Rivers National Preserve—No limit ...... Sep. 20–June 10. Unit 20C, that portion within Denali National Park and Preserve—25 muskrat ...... Nov. 1–June 10. Unit 20, remainder ...... No open season. Wolf: Unit 20—10 wolves ...... Aug. 10–Apr. 30. Unit 20C, that portion within Denali National Park and Preserve—1 wolf during the Aug. 10–Oct. 31 period; 5 Aug. 10–Oct. 31. wolves during the Nov. 1–Apr. 30 period, for a total of 6 wolves for the season. Nov. 1–Apr. 30. Unit 20C, remainder—10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): Units 20A, 20B, 20C, 20E, and 20F—15 per day, 30 in possession ..... Aug. 10–Mar. 31. Ptarmigan (Rock and Willow): Unit 20, those portions within 5 miles of Alaska Route 5 (Taylor Highway, both to Aug. 10–Mar. 31. Eagle and the Alaska-Canada boundary) and that portion of Alaska Route 4 (Richardson Highway) south of Delta Junction—20 per day, 40 in possession. Unit 20, remainder—20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: Units 20A, 20B, 20C, and 20F—No limit ...... Nov. 1–Apr. 15. Unit 20E—No limit. Hide or meat must be salvaged. Traps, snares, bow and arrow, or firearms may be used. Sep. 15–June 10. Coyote: Unit 20E—No limit ...... Oct. 15–Apr. 30. Unit 20, remainder—No limit ...... Nov. 1–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: Unit 20A, 20B, and 20C east of the Teklanika River—No limit ...... Dec. 15–Feb. 15. Unit 20E—No limit ...... Nov. 1–Mar. 15. Unit 20F and 20C, remainder—No limit ...... Nov. 1–Feb. 28. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: Unit 20E—No limit ...... Sep. 20–June 10. Unit 20, remainder—No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: Units 20A, 20B, 20C, and 20F—No limit ...... Nov. 1–Apr. 30. Unit 20E—No limit ...... Oct. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Feb. 28.

(21) Unit 21. (i) Unit 21 consists of drainage upstream from the Dulbi River upstream from and including the drainages into the Yukon River and drainage: Cottonwood Creek drainage. Arhymot Lake upstream from a line (A) Unit 21A consists of the Innoko (D) Unit 21D consists of the Yukon starting at the downriver boundary of River drainage upstream from and River drainage from and including the Paimiut on the north bank of the Yukon including the Iditarod River drainage. Blackburn Creek drainage upstream to River then south across the Yukon River Ruby, including the area west of the to the northern terminus of the Paimiut (B) Unit 21B consists of the Yukon Ruby-Poorman Road, excluding the Portage, then south along the Portage to River drainage upstream from Ruby and Koyukuk River drainage upstream from its intersection with Arhymot Lake, then east of the Ruby-Poorman Road, the Dulbi River drainage, and excluding south along the northern and western downstream from and excluding the the Dulbi River drainage upstream from bank of Arhymot Lake to the outlet at Tozitna River and Tanana River Cottonwood Creek. Crooked Creek (locally known as drainages, and excluding the Melozitna (E) Unit 21E consists of that portion Johnson River) drainage then to, but not River drainage upstream from Grayling of Unit 21 in the Yukon River and including, the Tozitna River drainage on Creek. Arhymot Lake drainages upstream from the north bank, and to but not including (C) Unit 21C consists of the Melozitna a line starting at the downriver the Tanana River drainage on the south River drainage upstream from Grayling boundary of Paimiut on the north bank bank, and excluding the Koyukuk River Creek, and the Dulbi River drainage of the Yukon River, then south across

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the Yukon River to the northern hunter or moose part; however, this State registration permit prior to terminus of the Paimiut Portage, then does not apply to transportation of a hunting. Aircraft may not be used in any south along the Portage to its moose hunter or moose part by aircraft manner for brown bear hunting under intersection with Arhymot Lake, then between publicly owned airports in the the authority of a brown bear State along the northern and western bank of controlled use area or between a registration permit, including Arhymot Lake to the outlet at Crooked publicly owned airport within the area transportation of hunters, bears, or parts Creek (locally known as Johnson River) and points outside the area; all hunters of bears; however, this does not apply drainage, then to, but not including, the on the Koyukuk River passing the to transportation of bear hunters or bear Blackburn Creek drainage, and the ADF&G-operated check station at Ella’s parts by regularly scheduled flights to Innoko River drainage downstream from Cabin (15 miles upstream from the and between communities by carriers the Iditarod River drainage. Yukon on the Koyukuk River) are that normally provide scheduled service (ii) In the following areas, the taking required to stop and report to ADF&G to this area, nor does it apply to of wildlife for subsistence uses is personnel at the check station. transportation of aircraft to or between prohibited or restricted on public land: (B) The Paradise Controlled Use Area, publicly owned airports. (A) The Koyukuk Controlled Use which consists of that portion of Unit 21 (iv) Unit-specific regulations: Area, which consists of those portions bounded by a line beginning at the old of Units 21 and 24 bounded by a line village of Paimiut, then north along the (A) You may use bait to hunt black from the north bank of the Yukon River west bank of the Yukon River to bear between April 15 and June 30; and at Koyukuk at 64°52.58′ N lat., Paradise, then northwest to the mouth in the Koyukuk Controlled Use Area, 157°43.10′ W long., then northerly to of Stanstrom Creek on the Bonasila you may also use bait to hunt black bear the confluences of the Honhosa and River, then northeast to the mouth of the between September 1 and September 25. ° ′ Kateel Rivers at 65 28.42 N lat., Anvik River, then along the west bank (B) If you have a trapping license, you ° ′ 157 44.89 W long., then northeasterly of the Yukon River to the lower end of may use a firearm to take beaver in Unit to the confluences of Billy Hawk Creek Eagle Island (approximately 45 miles 21(E) from Nov. 1 through June 10. and the Huslia River (65°57′ N lat., north of Grayling), then to the mouth of (C) The residents of Units 20 and 21 156°41′ W long.) at 65°56.66′ N lat., the Iditarod River, then extending 2 may take up to three moose per 156°40.81′ W long., then easterly to the miles easterly down the east bank of the regulatory year for the celebration confluence of the forks of the Dakli Innoko River to its confluence with known as the Nuchalawoyya Potlatch, River at 66°02.56′ N lat., 156°12.71′ W Paimiut Slough, then south along the under the terms of a Federal registration long., then easterly to the confluence of east bank of Paimiut Slough to its permit. Permits will be issued to McLanes Creek and the Hogatza River at mouth, and then to the old village of individuals only at the request of the 66°00.31′ N lat., 155°18.57′ W long., Paimiut, is closed during moose hunting then southwesterly to the crest of seasons to the use of aircraft for hunting Native Village of Tanana. This three- Hochandochtla Mountain at 65°31.87′ N moose, including transportation of any moose limit is not cumulative with that lat., 154°52.18′ W long., then southwest moose hunter or part of moose; permitted by the State. to the mouth of Cottonwood Creek at however, this does not apply to (D) The residents of Unit 21 may take 65°3.00′ N lat., 156°06.43′ W long., then transportation of a moose hunter or part up to three moose per regulatory year southwest to Bishop Rock (Yistletaw) at of moose by aircraft between publicly for the celebration known as the Kaltag/ 64°49.35′ N lat., 157°21.73′ W long., owned airports in the Controlled Use Nulato Stickdance, under the terms of a then westerly along the north bank of Area or between a publicly owned Federal registration permit. Permits will the Yukon River (including Koyukuk airport within the area and points be issued to individuals only at the Island) to the point of beginning, is outside the area. request of the Native Village of Kaltag or closed during moose hunting seasons to (iii) In Unit 21D, you may hunt brown Nulato. This three-moose limit is not the use of aircraft for hunting moose, bear by State registration permit in lieu cumulative with that permitted by the including transportation of any moose of a resident tag if you have obtained a State.

TABLE 21 TO PARAGRAPH (n)(21)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 21D—1 bear by State registration permit only ...... Aug. 10–June 30. Unit 21, remainder—1 bear ...... Aug. 10–June 30. Caribou: Unit 21A—1 caribou ...... Aug. 10–Sep. 30. Dec. 10–20. Unit 21B, that portion north of the Yukon River and downstream from Ukawutni Creek ...... No open season. Unit 21C, the Dulbi and Melozitna River drainages downstream from Big Creek ...... No open season. Unit 21B, remainder, Unit 21C, remainder, and Unit 21E—1 caribou ...... Aug. 10–Sep. 30. Unit 21D, north of the Yukon River and east of the Koyukuk River—caribou may be taken during a winter Winter season to be an- season to be announced. nounced. Unit 21D, remainder—5 caribou per day, as follows: Calves may not be taken. Bulls may be harvested ...... July 1–Oct. 14. Feb. 1–June 30. Cows may be harvested ...... Sep. 1–Mar. 31. Moose:

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TABLE 21 TO PARAGRAPH (n)(21)—Continued

Harvest limits Open season

Unit 21B, that portion within the Nowitna National Wildlife Refuge downstream from and including the Little Sep. 5–Oct. 1. Mud River drainage—1 bull. A State registration permit is required Sep. 5–25. A Federal registration permit is required Sep. 26–Oct. 1. Unit 21B, that portion within the Nowitna National Wildlife Refuge downstream from and including the Little Five-day season to be an- Mud River drainage—1 antlered bull. A Federal registration permit is required during the 5-day season and nounced between Dec. 1 will be limited to one per household. and Mar. 31. Units 21A and 21B, remainder—1 bull ...... Aug. 20–Sep. 25. Nov. 1–30. Unit 21C—1 antlered bull ...... Sep. 5–25. Unit 21D, Koyukuk Controlled Use Area—1 bull by State registration permit; 1 antlerless moose by Federal Sep. 1–25. permit if authorized by announcement by the Koyukuk/Nowitna/Innoko NWR manager. Harvest of cow Mar. 1–5 season to be an- moose accompanied by calves is prohibited. A harvestable surplus of cows will be determined for a quota. nounced. Or 1 antlered bull by Federal permit, if there is no Mar. 1–5 season and if authorized by announcement by the Apr. 10–15 season to be Koyukuk/Nowitna/Innoko NWR manager and BLM Central Yukon field office manager. announced. Unit 21D, that portion south of the south bank of the Yukon River, downstream of the up-river entrance of Aug. 22–31. Kala Slough and west of Kala Creek—1 moose by State registration permit. Sep. 5–25. Antlerless moose may be taken only during Sep. 21–25 season if authorized jointly by the Koyukuk/Nowitna/ Mar. 1–31 season may be Innoko NWR Manager and the BLM Central Yukon Field Office Manager. announced. Antlerless moose may be harvested during any of the winter seasons. Harvest of cow moose accompanied by calves is prohibited. Unit 21D, remainder—1 moose by State registration permit. Antlerless moose may be taken only during Sep. Aug. 22–31. 21–25 and the Mar. 1–5 season if authorized jointly by the Koyukuk/Nowitna/Innoko NWR Manager and the Sep. 5–25. BLM Central Yukon Field Office Manager. Harvest of cow moose accompanied by calves is prohibited. Dur- Mar. 1–5 season to be an- ing the Aug. 22–31 and Sep. 5–25 seasons, a State registration permit is required. During the Mar. 1–5 nounced. season, a Federal registration permit is required. Unit 21E—1 moose; however, only bulls may be taken Aug. 25–Sep. 30 ...... Aug. 25–Sep. 30. During the Feb. 15–Mar. 15 season, a Federal registration permit is required. The permit conditions and any Feb. 15–Mar. 15. needed closures for the winter season will be announced by the Innoko NWR manager after consultation with the ADF&G area biologist and the Chairs of the Western Interior Regional Advisory Council and the Middle Yukon Fish and Game Advisory Committee as stipulated in a letter of delegation. Moose may not be taken within one-half mile of the Innoko or Yukon Rivers during the winter season. Beaver: Unit 21E—No limit ...... Nov. 1–June 10. Unit 21, remainder ...... No open season. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken Sep. 1–Mar. 15. prior to Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Feb. 28. Wolf: 5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: No Limit ...... Nov. 1–June 10. Coyote: No limit ...... Nov. 1–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: No limit ...... Nov. 1–Feb. 28. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Mar. 31.

(22) Unit 22. (i) Unit 22 consists of mouths of the Goodhope and Pastolik (C) Unit 22C consists of Norton Sound Bering Sea, Norton Sound, Bering Strait, Rivers: and Bering Sea drainages from, but Chukchi Sea, and Kotzebue Sound (A) Unit 22A consists of Norton excluding, the Topkok Creek drainage drainages from, but excluding, the Sound drainages from, but excluding, to, and including, the Tisuk River Pastolik River drainage in southern the Pastolik River drainage to, and drainage, and King and Sledge Islands. Norton Sound to, but not including, the including, the Ungalik River drainage, and Stuart and Besboro Islands. (D) Unit 22D consists of that portion Goodhope River drainage in Southern of Unit 22 draining into the Bering Sea Kotzebue Sound, and all adjacent (B) Unit 22B consists of Norton Sound drainages from, but excluding, the north of, but not including, the Tisuk islands in the Bering Sea between the Ungalik River drainage to, and River to and including Cape York and including, the Topkok Creek drainage. St. Lawrence Island.

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(E) Unit 22E consists of Bering Sea, (iii) Unit-specific regulations: harvest will count against any Bering Strait, Chukchi Sea, and (A) If you have a trapping license, you established quota for the area. Kotzebue Sound drainages from Cape may use a firearm to take beaver in Unit (E) A federally qualified subsistence York to, but excluding, the Goodhope 22 during the established seasons. user (recipient) may designate another River drainage, and including Little (B) Coyote, incidentally taken with a federally qualified subsistence user to Diomede Island and Fairway Rock. trap or snare, may be used for (ii) You may hunt brown bear by State take musk oxen on his or her behalf subsistence purposes. registration permit in lieu of a resident unless the recipient is a member of a tag if you have obtained a State (C) A snowmachine may be used to community operating under a registration permit prior to hunting. position a hunter to select individual community harvest system. The Aircraft may not be used in any manner caribou for harvest provided that the designated hunter must get a designated for brown bear hunting under the animals are not shot from a moving hunter permit and must return a authority of a brown bear State snowmachine. completed harvest report. The registration permit, including (D) The taking of one bull moose and designated hunter may hunt for any transportation of hunters, bears, or parts up to three musk oxen by the number of recipients in the course of a of bears; however, this does not apply community of Wales is allowed for the season, but have no more than two to transportation of bear hunters or bear celebration of the Kingikmuit Dance harvest limits in his/her possession at parts by regularly scheduled flights to Festival under the terms of a Federal any one time, except in Unit 22E where and between communities by carriers registration permit. Permits will be a resident of Wales or Shishmaref acting that normally provide scheduled service issued to individuals only at the request as a designated hunter may hunt for any to this area, nor does it apply to of the Native Village of Wales. The number of recipients, but have no more transportation of aircraft to or between harvest may occur only within regularly than four harvest limits in his/her publicly owned airports. established seasons in Unit 22E. The possession at any one time.

TABLE 22 TO PARAGRAPH (n)(22)

Harvest limits Open season

Hunting

Black Bear: Units 22A and 22B—3 bears ...... July 1–June 30. Unit 22, remainder ...... No open season. Brown Bear: Units 22A, 22D remainder, and 22E—1 bear by State registration permit only ...... Aug. 1–May 31. Unit 22B—2 bears by State registration permit ...... Aug. 1–May 31. Unit 22C—1 bear by State registration permit only ...... Aug. 1–Oct. 31. Apr. 1–May 31. Unit 22D, that portion west of the Tisuk River drainage, west of the west bank of the unnamed creek origi- July 1–June 30. nating at the Unit boundary opposite the headwaters of McAdam’s Creek and west of the west bank of Canyon Creek to its confluence with Tuksuk Channel—2 bears by Federal registration permit. Caribou: Unit 22B, that portion west of Golovnin Bay and west of a line along the west bank of the Fish and Niukluk Oct. 1–Apr. 30. Rivers to the mouth of the Libby River, and excluding all portions of the Niukluk River drainage upstream May 1–Sep. 30, a season from and including the Libby River drainage—5 caribou per day by State registration permit. Calves may may be announced. not be taken. Units 22A, that portion north of the Golsovia River drainage, 22B remainder, that portion of Unit 22D in the July 1–June 30. Kuzitrin River drainage (excluding the Pilgrim River drainage), and the Agiapuk River drainages, including the tributaries, and Unit 22E, that portion east of and including the Tin Creek drainage—5 caribou per day by State registration permit. Calves may not be taken. Unit 22A, remainder—5 caribou per day by State registration permit. Calves may not be taken ...... July 1–June 30, season may be announced. Unit 22D, that portion in the Pilgrim River drainage—5 caribou per day by State registration permit. Calves Oct. 1–Apr. 30. may not be taken. May 1–Sep. 30, season may be announced. Units 22C, 22D remainder, 22E remainder—5 caribou per day by State registration permit. Calves may not be July 1–June 30, season taken. may be announced. Moose: Unit 22A, that portion north of and including the Tagoomenik and Shaktoolik River drainages—1 bull. Federal Aug. 1–Sep. 30. public lands are closed to hunting except by federally qualified users hunting under these regulations. Unit 22A, that portion in the Unalakleet drainage and all drainages flowing into Norton Sound north of the Aug. 15–Sep. 14. Golsovia River drainage and south of the Tagoomenik and Shaktoolik River drainages—Federal public lands are closed to the taking of moose, except that residents of Unalakleet, hunting under these regula- tions, may take 1 bull by Federal registration permit, administered by the BLM Anchorage Field Office with the authority to close the season in consultation with ADF&G. Unit 22A, remainder—1 bull. However, during the period Jan.1–Feb. 15, only an antlered bull may be taken. Aug. 1–Sep. 30. Federal public lands are closed to the taking of moose, Oct. 1–Aug. 31, except by Federally qualified sub- Jan. 1–Feb. 15. sistence users. Unit 22B, west of the Darby Mountains—1 bull by State registration permit. Quotas and any needed closures Sep. 1–14. will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS and ADF&G. Federal public lands are closed to the taking of moose except by federally qualified subsistence users hunting under these regulations.

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TABLE 22 TO PARAGRAPH (n)(22)—Continued

Harvest limits Open season

Unit 22B, west of the Darby Mountains—1 bull by either Federal or State registration permit. Quotas and any Jan. 1–31. needed season closures will be announced by the Anchorage Field Office Manager of the BLM, in con- sultation with NPS, and ADF&G. Federal public lands are closed to the taking of moose except by resi- dents of White Mountain and Golovin hunting under these regulations. Unit 22B, remainder—1 bull ...... Aug. 1–Jan. 31. Unit 22C—1 antlered bull ...... Sep. 1–14. Unit 22D, that portion within the Kougarok, Kuzitrin, and Pilgrim River drainages—1 bull by State registration Sep. 1–14. permit. Quotas and any needed closures will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS and ADF&G. Federal public lands are closed to the taking of moose except by residents of Units 22D and 22C hunting under these regulations. Unit 22D, that portion west of the Tisuk River drainage and Canyon Creek—1 bull by State registration per- Sep. 1–14. mit. Quotas and any needed closures will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS and ADF&G. Unit 22D, that portion west of the Tisuk River drainage and Canyon Creek—1 bull by Federal registration per- Dec. 1–31. mit. Quotas and any needed closures will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS and ADF&G. Federal public lands are closed to the taking of moose except by residents of Units 22D and 22C hunting under these regulations. Unit 22D, remainder—1 bull by State registration permit. Federal public lands are closed to the harvest of Aug. 10–Sep. 14. moose except by Federally qualified subsistence users. Unit 22D, remainder—1 antlered bull by State registration permit. Federal public lands are closed to the har- Season may be announced, vest of moose except by Federally qualified subsistence users. Dec. 1–Jan. 31. Unit 22E—1 antlered bull. Federal public lands are closed to the taking of moose except by federally qualified Aug. 1–Mar. 15. subsistence users hunting under these regulations. Musk ox: Unit 22B—1 bull by Federal permit or State permit. Federal public lands are closed to the taking of musk ox Aug. 1–Mar. 15. except by federally qualified subsistence users hunting under these regulations. Unit 22D, that portion west of the Tisuk River drainage and Canyon Creek—1 bull by Federal permit or State Sep. 1–Mar. 15. permit. Federal public lands are closed to the harvest of musk ox except by residents of Nome and Teller hunting under these regulations. Unit 22D, that portion within the Kuzitrin River drainages—1 bull by Federal permit or State permit. Federal Aug. 1–Mar. 15. public lands are closed to the taking of musk ox except for residents of Council, Golovin, White Mountain, Nome, Teller, and Brevig Mission hunting under these regulations. Unit 22D, remainder—1 bull by Federal permit or State permit. Federal public lands are closed to the taking Aug. 1–Mar. 15. of musk ox except by residents of Elim, White Mountain, Nome, Teller, and Brevig Mission hunting under these regulations. Unit 22E—1 bull by Federal permit or State permit. Federal public lands are closed to the harvest of musk ox Aug. 1–Mar. 15. except by federally qualified subsistence users hunting under these regulations. Unit 22, remainder ...... No open season. Beaver: Units 22A, 22B, 22D, and 22E—50 beaver ...... Nov. 1–June 10. Unit 22, remainder ...... No open season. Coyote ...... No open season. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes ...... Nov. 1–Apr. 15. Hare (Snowshoe and Tundra): No limit ...... Sep. 1–Apr. 15. Lynx: 2 lynx ...... Nov. 1–Apr. 15. Marten: Units 22A and 22B—No limit ...... Nov. 1–Apr. 15. Unit 22, remainder ...... No open season. Mink and Weasel: No limit ...... Nov. 1–Jan. 31. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 15. Wolverine: 3 wolverines ...... Sep. 1–Mar. 31. Grouse (Spruce): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): Units 22A and 22B east of and including the Niukluk River drainage—40 per day, 80 in possession ...... Aug. 10–Apr. 30. Unit 22E—20 per day, 40 in possession ...... July 15–May 15. Unit 22, remainder—20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: Units 22A, 22B, 22D, and 22E—50 beaver ...... Nov. 1–June 10. Unit 22C ...... No open season. Coyote ...... No open season. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1–Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Apr. 15. Lynx: No limit ...... Nov. 1–Apr. 15. Marten: No limit ...... Nov. 1–Apr. 15. Mink and Weasel: No limit ...... Nov. 1–Jan. 31. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15.

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TABLE 22 TO PARAGRAPH (n)(22)—Continued

Harvest limits Open season

Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Apr. 15.

(23) Unit 23. (i) Unit 23 consists of including transportation of hunters, return a completed harvest report. The Kotzebue Sound, Chukchi Sea, and bears, or parts of bears; however, this designated hunter may hunt for only Arctic Ocean drainages from and does not apply to transportation of bear one recipient in the course of a season including the Goodhope River drainage hunters or bear parts by regularly and may have both his and the to Cape Lisburne. scheduled flights to and between recipients’ harvest limits in his/her (ii) In the following areas, the taking communities by carriers that normally possession at the same time. of wildlife for subsistence uses is provide scheduled service to this area, (E) A snowmachine may be used to prohibited or restricted on public land: nor does it apply to transportation of position a hunter to select individual (A) You may not use aircraft in any aircraft to or between publicly owned caribou for harvest provided that the manner either for hunting of ungulates, airports. animals are not shot from a moving bear, wolves, or wolverine, or for (iv) Unit-specific regulations: snowmachine. On BLM-managed lands transportation of hunters or harvested (A) You may take caribou from a boat only, a snowmachine may be used to species in the Noatak Controlled Use moving under power in Unit 23. position a caribou, wolf, or wolverine (B) In addition to other restrictions on Area for the period August 15– for harvest provided that the animals are method of take found in this section, September 30. The Area consists of that not shot from a moving snowmachine. you may also take swimming caribou portion of Unit 23 in a corridor with a firearm using rimfire cartridges. (F) A federally qualified subsistence extending 5 miles on either side of the (C) If you have a trapping license, you user (recipient) may designate another Noatak River beginning at the mouth of may take beaver with a firearm in all of federally qualified subsistence user to the Noatak River, and extending Unit 23 from Nov. 1 through June 10. take musk oxen on his or her behalf upstream to the mouth of Sapun Creek. (D) For the Baird and DeLong unless the recipient is a member of a This closure does not apply to the Mountain sheep hunts—A federally community operating under a transportation of hunters or parts of qualified subsistence user (recipient) community harvest system. The ungulates, bear, wolves, or wolverine by may designate another federally designated hunter must get a designated regularly scheduled flights to qualified subsistence user to take sheep hunter permit and must return a communities by carriers that normally on his or her behalf unless the recipient completed harvest report. The provide scheduled air service. is a member of a community operating designated hunter may hunt for any (B) [Reserved] under a community harvest system. The number of recipients, but have no more (iii) You may not use aircraft in any designated hunter must obtain a than two harvest limits in his/her manner for brown bear hunting, designated hunter permit and must possession at any one time.

TABLE 23 TO PARAGRAPH (n)(23)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... Jul. 1–Jun. 30. Brown Bear: Unit 23—2 bears by State subsistence registration permit ...... Jul. 1–Jun. 30. Caribou: Unit 23, that portion which includes all drainages north and west of, and including, the Singoalik River drain- age—5 caribou per day by State registration permit as follows: Bulls may be harvested...... Jul. 1–Jun. 30. Cows may be harvested. However, cows accompanied by calves may not be taken July 15–Oct. 14 ...... Jul. 15–Apr. 30. Unit 23, remainder—5 caribou per day by State registration permit, as follows: Bulls may be harvested ...... Jul. 1–Jun. 30. Cows may be harvested. However, cows accompanied by calves may not be taken July 31–Oct. 14 ...... Jul. 31–Mar. 31. Federal public lands within a 10-mile-wide corridor (5 miles either side) along the Noatak River from the western boundary of Noatak National Preserve upstream to the confluence with the Cutler River; within the northern and southern boundaries of the Eli and Agashashok River drainages, respectively; and within the Squirrel River drainage are closed to caribou hunting except by federally qualified subsist- ence users hunting under these regulations. Sheep: Unit 23, south of Rabbit Creek, Kiyak Creek, and the Noatak River, and west of the Cutler and Redstone Riv- May be announced. ers (Baird Mountains)—1 sheep by Federal registration permit. Federal public lands are closed to the taking of sheep except by federally qualified subsistence users hunting under these regulations. Unit 23, north of Rabbit Creek, Kiyak Creek, and the Noatak River, and west of the Aniuk River (DeLong May be announced. Mountains)—1 sheep by Federal registration permit. Unit 23, remainder (Schwatka Mountains) except for that portion within Gates of the Arctic National Park and May be announced. Preserve—1 sheep by Federal registration permit. Unit 23, remainder (Schwatka Mountains), that portion within Gates of the Arctic National Park and Pre- Aug. 10–Sep. 20. serve—1 ram with 7⁄8 curl or larger horn. Unit 23, remainder (Schwatka Mountains), that portion within Gates of the Arctic National Park and Pre- Oct. 1–Apr. 30. serve—1 sheep.

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TABLE 23 TO PARAGRAPH (n)(23)—Continued

Harvest limits Open season

Moose: Unit 23, that portion north and west of and including the Singoalik River drainage, and all lands draining into July 1–Dec. 31. the Kukpuk and Ipewik Rivers—1 antlered bull. No person may take a calf. Unit 23, remainder—1 antlered bull ...... Aug. 1–Dec. 31. No person may take a calf. Musk ox: Unit 23, south of Kotzebue Sound and west of and including the Buckland River drainage—1 bull by Federal Aug. 1–Mar. 15. permit or State permit. Federal public lands are closed to the taking of musk oxen except by federally qualified subsistence users hunting under these regulations. Unit 23, Cape Krusenstern National Monument—1 bull by Federal permit. Cape Krusenstern National Monu- Aug. 1–Mar. 15. ment is closed to the taking of musk oxen except by federally qualified subsistence users but not residents of Point Hope. Unit 23, that portion north and west of the Kobuk River drainage—1 bull by State or Federal registration per- Aug. 1–Mar. 15 mit. Unit 23, remainder ...... No open season. Beaver: No limit ...... July 1–June 30. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Sep. 1–Mar. 15. Hare: (Snowshoe and Tundra) No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Apr. 15. Wolf: 15 wolves ...... Oct. 1–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Muskrat: No limit ...... July 1–June 30. Grouse (Spruce and Ruffed): 15 per day, 30 in possession...... Aug. 10–Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: Unit 23, the Kobuk and Selawik River drainages—50 beaver ...... July 1–June 30. Unit 23, remainder—30 beaver ...... July 1–June 30. Coyote: No limit ...... Nov. 1–Apr. 15. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1–Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Apr. 15. Lynx: No limit ...... Nov. 1–Apr. 15. Marten: No limit ...... Nov. 1–Apr. 15. Mink and Weasel: No limit ...... Nov. 1–Jan. 31. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Apr. 15.

(24) Unit 24. (i) Unit 24 consists of the miles SSW (194 degrees true) of (C) Unit 24C consists of the Hogatza Koyukuk River drainage upstream from Clawanmenka Lake and following the River Drainage, the Koyukuk River but not including the Dulbi River unnamed southern fork of the Kanuti Drainage upstream from Batza River on drainage: Chalatna Creek to the hydrologic divide the north side of the Koyukuk River and (A) Unit 24A consists of the Middle with the Kanuti River drainage at N lat. upstream from and including the Indian Fork of the Koyukuk River drainage 66°19.789′ W long. 151°10.102′, 3.0 River Drainage on the south side of the Koyukuk River to the Subunit 24B upstream from but not including the miles ENE (79 degrees true) from the 2,055 ft. peak on that divide, and the boundary. Harriet Creek and North Fork Koyukuk (D) Unit 24D consists of the remainder Kanuti River drainage upstream from River drainages, to the South Fork of the of Unit 24. Koyukuk River drainage upstream from the confluence of an unnamed creek at ° ′ ° ′ (ii) In the following areas, the taking Squaw Creek, the Jim River Drainage, N lat. 66 13.050 W long. 151 05.864 , of wildlife for subsistence uses is the Fish Creek drainage upstream from 0.9 miles SSE (155 degrees true) of a prohibited or restricted on public land: and including the Bonanza Creek 1,980 ft. peak on that divide, and (A) You may not use firearms, drainage, to the 1,410 ft. peak of the following that unnamed creek to the snowmobiles, licensed highway hydrologic divide with the northern fork Unit 24 boundary on the hydrologic vehicles, or motorized vehicles, except of the Kanuti Chalatna River at N lat. divide to the Ray River drainage at N lat. aircraft and boats, in the Dalton 66°33.303′ W long. 151°03.637′ and 66°03.827′ W long. 150°49.988′ at the Highway Corridor Management Area, following the unnamed northern fork of 2,920 ft. peak of that divide. which consists of those portions of the Kanuti Chalatna Creek to the (B) Unit 24B consists of the Koyukuk Units 20, 24, 25, and 26 extending 5 confluence of the southern fork of the River Drainage upstream from Dog miles from each side of the Dalton Kanuti Chalatna River at N lat. Highway from the Yukon River to Island to the Subunit 24A boundary. 66°27.090′ W long. 151°23.841′, 4.2 milepost 300 of the Dalton Highway,

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except as follows: Residents living the Koyukuk Controlled Use Area, Yukon on the Koyukuk River) are within the Dalton Highway Corridor which consists of those portions of required to stop and report to ADF&G Management Area may use Units 21 and 24 bounded by a line from personnel at the check station. snowmobiles only for the subsistence the north bank of the Yukon River at (iii) You may hunt brown bear by taking of wildlife. You may use licensed Koyukuk at 64°52.58′ N lat., 157°43.10′ State registration permit in lieu of a highway vehicles only on designated W long., then northerly to the resident tag if you have obtained a State roads within the Dalton Highway confluences of the Honhosa and Kateel registration permit prior to hunting. You Corridor Management Area. The Rivers at 65°28.42′ N lat., 157°44.89′ W may not use aircraft in any manner for residents of Alatna, Allakaket, long., then northeasterly to the brown bear hunting under the authority Anaktuvuk Pass, Bettles, Evansville, and confluences of Billy Hawk Creek and of a brown bear State registration Stevens Village, and residents living the Huslia River (65°57 N lat., 156°41 W permit, including transportation of within the Corridor may use firearms long.) at 65°56.66′ N lat., 156°40.81′ W hunters, bears, or parts of bears. within the Corridor only for subsistence long., then easterly to the confluence of However, this prohibition does not taking of wildlife. the forks of the Dakli River at 66°02.56′ apply to transportation of bear hunters (B) You may not use aircraft for N lat., 156°12.71′ W long., then easterly or bear parts by regularly scheduled hunting moose, including transportation to the confluence of McLanes Creek and flights to and between communities by of any moose hunter or moose part in the Hogatza River at 66°00.31′ N lat., carriers that normally provide the Kanuti Controlled Use Area, which 155°18.57′ W long., then southwesterly scheduled service to this area, nor does consists of that portion of Unit 24 to the crest of Hochandochtla Mountain it apply to transportation of aircraft to bounded by a line from the Bettles Field at 65°31.87′ N lat., 154°52.18′ W long., or between publicly owned airports. VOR to the east side of Fish Creek Lake, then southwest to the mouth of (iv) Unit-specific regulations: to Old Dummy Lake, to the south end Cottonwood Creek at 65°13.00′ N lat., (A) You may use bait to hunt black of Lake Todatonten (including all waters 156°06.43′ W long., then southwest to bear between April 15 and June 30; and of these lakes), to the northernmost Bishop Rock (Yistletaw) at 64°49.35′ N in the Koyukuk Controlled Use Area, headwaters of Siruk Creek, to the lat., 157°21.73′ W long., then westerly you may also use bait to hunt black bear highest peak of Double Point Mountain, along the north bank of the Yukon River Sep. 1–25. then back to the Bettles Field VOR; (including Koyukuk Island) to the point (B) Arctic fox, incidentally taken with however, this does not apply to of beginning. However, this does not a trap or snare intended for red fox, may transportation of a moose hunter or apply to transportation of a moose be used for subsistence purposes. moose part by aircraft between publicly hunter or moose part by aircraft between (C) If you are a resident of Units 24A, owned airports in the controlled use publicly owned airports in the 24B, or 24C, during the dates of Oct. 15– area or between a publicly owned controlled use area or between a Apr. 30, you may use an artificial light airport within the area and points publicly owned airport within the area when taking a black bear, including a outside the area. and points outside the area. All hunters sow accompanied by cub(s), at a den (C) You may not use aircraft for on the Koyukuk River passing the site within the portions of Gates of the hunting moose, including transportation ADF&G-operated check station at Ella’s Arctic National Park and Preserve that of any moose hunter or moose part in Cabin (15 miles upstream from the are within Units 24A, 24B, or 24C.

TABLE 24 TO PARAGRAPH (n)(24)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 24—1 bear by State registration permit ...... Aug. 10–June 30. Caribou: Unit 24A, that portion south of the south bank of the Kanuti River—1 caribou ...... Aug. 10–Mar. 31. Unit 24B, that portion south of the south bank of the Kanuti River, upstream from and including that portion of Aug. 10–Mar. 31. the Kanuti-Kilolitna River drainage, bounded by the southeast bank of the Kodosin-Nolitna Creek, then downstream along the east bank of the Kanuti-Kilolitna River to its confluence with the Kanuti River—1 car- ibou. Units 24A remainder, 24B remainder—5 caribou per day as follows: Calves may not be taken. Bulls may be harvested ...... July 1–Oct. 14. Feb. 1–June 30. Cows may be harvested ...... July 15–Apr. 30. Units 24C, 24D—5 caribou per day as follows: Calves may not be taken. Bulls may be harvested ...... July 1–Oct. 14. Feb. 1–June 30. Cows may be harvested ...... Sep. 1–Mar. 31. Sheep: Units 24A and 24B (Anaktuvuk Pass residents only), that portion within the Gates of the Arctic National July 15–Dec. 31. Park—community harvest quota of 60 sheep, no more than 10 of which may be ewes, and a daily posses- sion limit of 3 sheep per person, no more than 1 of which may be a ewe. Units 24A and 24B (excluding Anaktuvuk Pass residents), that portion within the Gates of the Arctic National Aug. 1–Apr. 30. Park—3 sheep, no more than one of which may be a ewe, by Federal registration permit only, with excep- tion for residents of Alatna and Allakaket who will report by a National Park Service community harvest sys- tem. Unit 24A, except that portion within the Gates of the Arctic National Park—1 ram by Federal registration per- Aug. 20–Sep. 30. mit only.

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TABLE 24 TO PARAGRAPH (n)(24)—Continued

Harvest limits Open season

Unit 24, remainder—1 ram with 7⁄8 curl or larger horn ...... Aug. 10–Sep. 20. Moose: Unit 24A—1 antlered bull by Federal registration permit ...... Aug. 25–Oct. 1. Unit 24B, that portion within the John River Drainage—1 moose by State harvest ticket ...... Aug. 1–Dec. 14. or 1 antlered bull by State registration permit ...... Dec. 15–Apr. 15. Unit 24B, remainder—1 antlered bull by State harvest ticket ...... Aug. 25–Oct. 1. Or ...... or. 1 antlered bull by State registration permit ...... Dec. 15–Apr. 15. Federal public lands in the Kanuti Controlled Use Area, as described in Federal regulations, are closed to taking of moose, except by federally qualified subsistence users of Unit 24, Koyukuk, and Galena. Units 24C and 24D, that portion within the Koyukuk Controlled Use Area and Koyukuk National Wildlife Ref- Sep. 1–25. uge—1 bull. 1 antlerless moose by Federal permit if authorized by announcement by the Koyukuk/Nowitna National Wild- Mar. 1–5 to be announced. life Refuge Manager and BLM Field Office Manager Central Yukon Field Office. Harvest of cow moose ac- companied by calves is prohibited. A harvestable surplus of cows will be determined for a quota. Or ...... or. 1 antlered bull by Federal permit, if there is no Mar. 1–5 season and if authorized by announcement by the Apr. 10–15 to be an- Koyukuk/Nowitna National Wildlife Refuge Manager and BLM Field Office Manager Central Yukon Field Of- nounced. fice. Harvest of cow moose accompanied by calves is prohibited. Announcement for the March and April seasons and harvest quotas will be made after consultation with the ADF&G Area Biologist and the Chairs of the Western Interior Alaska Subsistence Regional Advisory Council, and the Middle Yukon and Koyukuk River Fish and Game Advisory Committees. Unit 24C, remainder and Unit 24D, remainder—1 antlered bull. During the Sep. 5–25 season, a State reg- Aug. 25–Oct. 1. istration permit is required. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken Sep. 1–Mar. 15. prior to Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Feb. 28. Wolf: 15 wolves; however, no more than 5 wolves may be taken prior to Nov. 1 ...... Aug. 10–Apr. 30. Wolverine: 5 wolverine; however, no more than 1 wolverine may be taken prior to Nov. 1 ...... Sep. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): 20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: No limit ...... Nov. 1–June 10. Coyote: No limit ...... Nov. 1–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: Unit 24A—no limit ...... Nov. 1–Mar. 31. Units 24B, 24C, and 24D—no limit ...... Nov. 1–Feb. 28. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Mar. 31.

(25) Unit 25. (i) Unit 25 consists of the not including the Big Creek drainage, the Beaver Creek drainage upstream Yukon River drainage upstream from the Black River drainage upstream from from and including the Moose Creek but not including the Hamlin Creek and including the Salmon Fork drainage. drainage, and excluding drainages into drainage, the Porcupine River drainage (D) Unit 25D consists of the remainder the south bank of the Yukon River upstream from the confluence of the of Unit 25. upstream from the Charley River: Coleen and Porcupine Rivers, and (ii) In the following areas, the taking (A) Unit 25A consists of the Hodzana drainages into the north bank of the of wildlife for subsistence uses is River drainage upstream from the Yukon River upstream from Circle, prohibited or restricted on public land: Narrows, the Chandalar River drainage including the islands in the Yukon (A) You may not use firearms, upstream from and including the East River. snowmobiles, licensed highway Fork drainage, the Christian River (C) Unit 25C consists of drainages into vehicles or motorized vehicles, except drainage upstream from Christian, the the south bank of the Yukon River aircraft and boats in the Dalton Highway Sheenjek River drainage upstream from upstream from Circle to the Subunit 20E Corridor Management Area, which and including the Thluichohnjik Creek, boundary, the Birch Creek drainage consists of those portions of Units 20, the Coleen River drainage, and the Old upstream from the Steese Highway 24, 25, and 26 extending 5 miles from Crow River drainage. bridge (milepost 147), the Preacher each side of the Dalton Highway from (B) Unit 25B consists of the Little Creek drainage upstream from and the Yukon River to milepost 300 of the Black River drainage upstream from but including the Rock Creek drainage, and Dalton Highway, except as follows:

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Residents living within the Dalton forks into two roughly equal drainages; food in memorial potlatches and Highway Corridor Management Area the boundary follows the easternmost traditional cultural events is authorized may use snowmobiles only for the fork, proceeding almost due north to the in Unit 25D west provided that: subsistence taking of wildlife. You may headwaters and intersects the (1) The person organizing the use licensed highway vehicles only on Continental Divide; the boundary then religious ceremony or cultural event designated roads within the Dalton follows the Continental Divide easterly, contacts the Refuge Manager, Yukon Highway Corridor Management Area. through Carter Pass, then easterly and Flats National Wildlife Refuge, prior to The residents of Alatna, Allakaket, northeasterly approximately 62 miles taking or attempting to take bull moose Anaktuvuk Pass, Bettles, Evansville, and along the divide to the headwaters of and provides to the Refuge Manager the Stevens Village, and residents living the most northerly tributary of Red name of the decedent, the nature of the within the Corridor may use firearms Sheep Creek then follows southerly ceremony or cultural event, number to within the Corridor only for subsistence along the divide designating the eastern be taken, and the general area in which taking of wildlife. extreme of the Red Sheep Creek the taking will occur. drainage then to the confluence of Red (2) Each person who takes a bull (B) The Arctic Village Sheep Sheep Creek and the East Fork Management Area consists of that moose under this section must submit a Chandalar River. written report to the Refuge Manager, portion of Unit 25A north and west of (iii) Unit-specific regulations: Yukon Flats National Wildlife Refuge, Arctic Village, which is bounded on the (A) You may use bait to hunt black east by the East Fork Chandalar River bear between April 15 and June 30 and not more than 15 days after the harvest beginning at the confluence of Red between August 1 and September 25; in specifying the harvester’s name and Sheep Creek and proceeding Unit 25D you may use bait to hunt address, and the date(s) and location(s) southwesterly downstream past Arctic brown bear between April 15 and June of the taking(s). Village to the confluence with Crow 30 and between August 1 and (3) No permit or harvest ticket is Nest Creek, continuing up Crow Nest September 25; you may use bait to hunt required for taking under this section; Creek, through Portage Lake, to its wolves on FWS and BLM lands. however, the harvester must be an confluence with the Junjik River; then (B) You may take caribou and moose Alaska rural resident with customary down the Junjik River past Timber Lake from a boat moving under power in Unit and traditional use in Unit 25D west. and a larger tributary, to a major, 25. (4) Any moose taken under this unnamed tributary, northwesterly, for (C) The taking of bull moose outside provision counts against the annual approximately 6 miles where the stream the seasons provided in this part for quota of 60 bulls.

TABLE 25 TO PARAGRAPH (n)(25)

Harvest limits Open season

Hunting

Black Bear: Units 25A, 25B, and 25C—3 bears or 3 bears by State community harvest permit ...... July 1–June 30. July 1–June 30. Unit 25D—5 bears ...... July 1–June 30. Brown Bear: Units 25A and 25B—1 bear ...... Aug. 10–June 30. Unit 25C—1 bear ...... Sep. 1–May 31. Unit 25D—2 bears every regulatory year ...... July 1–June 30. Caribou: Unit 25A—in those portions west of the east bank of the East Fork of the Chandalar River extending from its July 1–June 30. confluence with the Chandalar River upstream to Guilbeau Pass and north of the south bank of the mainstem of the Chandalar River at its confluence with the East Fork Chandalar River west (and north of the south bank) along the West Fork Chandalar River—10 caribou. However, only bulls may be taken May 16–June 30. Unit 25C—up to 3 caribou, to be announced, by a joint Federal/State registration permit ...... Fall season between Aug. 1 and Sep. 30, to be an- nounced. Winter season between Oct. 21 and Mar. 31, to be an- nounced. Unit 25D, that portion of Unit 25D drained by the west fork of the Dall River west of 150° W. long.—1 bull ...... Aug. 10–Sep. 30. Dec. 1–31. Units 25A remainder, 25B, and Unit 25D, remainder—10 caribou ...... July 1–Apr. 30. Sheep: Unit 25A, that portion within the Dalton Highway Corridor Management Area ...... No open season. Units 25A, Arctic Village Sheep Management Area—2 rams by Federal registration permit only ...... Aug. 10–Apr. 30. Federal public lands are closed to the taking of sheep except by rural Alaska residents of Arctic Village, Venetie, Fort Yukon, Kaktovik, and Chalkyitsik hunting under these regulations. Unit 25A, remainder—3 sheep by Federal registration permit only ...... Aug. 10–Apr. 30. Units 25B, 25C, and 25D—1 ram with full-curl horn or larger ...... Aug. 10–Sep. 20. Moose: Unit 25A—1 antlered bull ...... Aug. 25–Sep. 25. Dec. 1–10. Unit 25B, that portion within Yukon-Charley National Preserve—1 bull ...... Aug. 20–Oct. 7. Unit 25B, that portion within the Porcupine River drainage upstream from, but excluding the Coleen River Aug. 25–Oct. 7. drainage—1 antlered bull. Dec. 1–10.

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TABLE 25 TO PARAGRAPH (n)(25)—Continued

Harvest limits Open season

Unit 25B, that portion, other than Yukon-Charley Rivers National Preserve, draining into the north bank of the Sep. 5–Oct. 7. Yukon River upstream from and including the Kandik River drainage, including the islands in the Yukon Dec. 1–15. River—1 antlered bull. Unit 25B, remainder—1 antlered bull ...... Aug. 25–Oct. 7. Dec. 1–15. Unit 25C—1 antlered bull ...... Aug. 20–Sep. 30. Unit 25D (west), that portion lying west of a line extending from the Unit 25D boundary on Preacher Creek, Aug. 25–Feb. 28. then downstream along Preacher Creek, Birch Creek, and Lower Mouth of Birch Creek to the Yukon River, then downstream along the north bank of the Yukon River (including islands) to the confluence of the Hadweenzic River, then upstream along the west bank of the Hadweenzic River to the confluence of Forty and One-Half Mile Creek, then upstream along Forty and One-Half Mile Creek to Nelson Mountain on the Unit 25D boundary—1 bull by a Federal registration permit. Permits will be available in the following vil- lages: Beaver (25 permits), Birch Creek (10 permits), and Stevens Village (25 permits). Permits for resi- dents of 25D (west) who do not live in one of the three villages will be available by contacting the Yukon Flats National Wildlife Refuge Office in Fairbanks or a local Refuge Information Technician. Moose hunting on public land in Unit 25D (west) is closed at all times except for residents of Unit 25D (west) hunting under these regulations. The moose season will be closed by announcement of the Refuge Manager Yukon Flats NWR when 60 moose have been harvested in the entirety (from Federal and non-Federal lands) of Unit 25D (west). Unit 25D, remainder—1 antlered moose ...... Aug. 25–Oct. 1. Dec. 1–20. Beaver: Unit 25A, 25B, and 25D—1 beaver per day; 1 in possession ...... June 11–Aug. 31. Unit 25A, 25B, and 25D—no limit ...... Sep. 1–June 10. Unit 25C ...... No open season. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken Sep. 1–Mar. 15. prior to Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: Unit 25C—2 lynx ...... Dec. 1–Jan. 31. Unit 25, remainder—2 lynx ...... Nov. 1–Feb. 28. Muskrat: Units 25B and 25C, that portion within Yukon-Charley Rivers National Preserve—No limit ...... Nov. 1–June 10. Unit 25, remainder ...... No open season. Wolf: Unit 25A—No limit ...... Aug. 10–Apr. 30. Unit 25, remainder—10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sep. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): Unit 25C—15 per day, 30 in possession ...... Aug. 10–Mar. 31. Unit 25, remainder—15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): Unit 25C, those portions within 5 miles of Route 6 (Steese Highway)—20 per day, 40 in possession ...... Aug. 10–Mar. 31. Unit 25, remainder—20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Beaver: Unit 25C—No limit ...... Nov. 1–Apr. 15. Unit 25, remainder—50 beaver ...... Nov. 1–Apr. 15. Coyote: No limit ...... Oct. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: No limit ...... Nov. 1–Mar. 31. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Oct. 1–Apr. 30. Wolverine: Unit 25C—No limit ...... Nov. 1–Mar. 31. Unit 25, remainder—No limit ...... Nov. 1–Mar. 31.

(26) Unit 26. (i) Unit 26 consists of (A) Unit 26A consists of that portion (B) Unit 26B consists of that portion Arctic Ocean drainages between Cape of Unit 26 lying west of the Itkillik River of Unit 26 east of Unit 26A, west of the Lisburne and the Alaska–Canada border, drainage and west of the east bank of the west bank of the Canning River and including the Firth River drainage Colville River between the mouth of the west of the west bank of the Marsh Fork within Alaska: Itkillik River and the Arctic Ocean; of the Canning River; and

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(C) Unit 26C consists of the remainder highway vehicles only on designated designate another federally qualified of Unit 26. roads within the Dalton Highway subsistence user to take sheep or musk (ii) In the following areas, the taking Corridor Management Area. The ox on his or her behalf unless the of wildlife for subsistence uses is residents of Alatna, Allakaket, recipient is a member of a community prohibited or restricted on public land: Anaktuvuk Pass, Bettles, Evansville, operating under a community harvest (A) You may not use aircraft in any Stevens Village, and residents living system. The designated hunter must manner for moose hunting, including within the Corridor may use firearms obtain a designated hunter permit and transportation of moose hunters or parts within the Corridor only for subsistence must return a completed harvest report. of moose during the periods July 1–Sep. taking of wildlife. The designated hunter may hunt for any (iii) You may not use aircraft in any 14 and Jan. 1–Mar. 31 in Unit 26A; number of recipients but may have no manner for brown bear hunting, however, this does not apply to including transportation of hunters, more than two harvest limits in his/her transportation of moose hunters, their bears or parts of bears. However, this possession at any one time. gear, or moose parts by aircraft between does not apply to transportation of bear (D) For the DeLong Mountain sheep publicly owned airports. hunters or bear parts by regularly hunts—A federally qualified subsistence (B) You may not use firearms, scheduled flights to and between user (recipient) may designate another snowmobiles, licensed highway communities by carriers that normally federally qualified subsistence user to vehicles or motorized vehicles, except provide scheduled service to this area, take sheep on his or her behalf unless aircraft and boats, in the Dalton nor does it apply to transportation of the recipient is a member of a Highway Corridor Management Area, aircraft to or between publicly owned community operating under a which consists of those portions of airports. Units 20, 24, 25, and 26 extending 5 community harvest system. The (iv) Unit-specific regulations: designated hunter must obtain a miles from each side of the Dalton (A) You may take caribou from a boat designated hunter permit and must Highway from the Yukon River to moving under power in Unit 26. milepost 300 of the Dalton Highway, (B) In addition to other restrictions on return a completed harvest report. The except as follows: Residents living method of take found in this section, designated hunter may hunt for only within the Dalton Highway Corridor you may also take swimming caribou one recipient in the course of a season Management Area may use with a firearm using rimfire cartridges. and may have both his and the snowmobiles only for the subsistence (C) In Kaktovik, a federally qualified recipient’s harvest limits in his/her taking of wildlife. You may use licensed subsistence user (recipient) may possession at the same time.

TABLE 26 TO PARAGRAPH (n)(26)

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 26A—1 bear by State subsistence registration permit ...... July 1–June 30. Unit 26B—1 bear ...... Jan. 1–Dec. 31. Unit 26C—1 bear ...... Aug. 10–June 30. Caribou: Unit 26A—that portion of the Colville River drainage upstream from the Anaktuvuk River, and drainages of the Chukchi Sea south and west of, and including the Utukok River drainage—5 caribou per day by State registration permit as follows: Calves may not be taken.. Bulls may be harvested ...... July 1–Oct. 14. Dec. 6–June 30. Cows may be harvested; however, cows accompanied by calves may not be taken July 16–Oct. 15 ...... July 16–Mar. 15. Unit 26A remainder—5 caribou per day by State registration permit as follows: Calves may not be taken. Bulls may be harvested ...... July 1–Oct. 15. Dec. 6–June 30. Up to 3 cows per day may be harvested; however, cows accompanied by calves may not be taken July July 16–Mar. 15. 16–Oct. 15. Unit 26B, that portion south of 69°30′ N lat. and west of the Dalton Highway—5 caribou per day as follows: Bulls may be harvested ...... July 1–Oct. 14. Dec. 10–June 30. Cows may be harvested ...... July 1–Apr. 30. Unit 26B remainder—5 caribou per day as follows: Bulls may be harvested ...... July 1–June 30. Cows may be harvested ...... July 1–May 15. Unit 26C—10 caribou per day ...... July 1–Apr. 30. You may not transport more than 5 caribou per regulatory year from Unit 26 except to the community of Anaktuvuk Pass. Sheep: Units 26A and 26B (Anaktuvuk Pass residents only), that portion within the Gates of the Arctic National July 15–Dec. 31. Park—community harvest quota of 60 sheep, no more than 10 of which may be ewes and a daily posses- sion limit of 3 sheep per person, no more than 1 of which may be a ewe. Unit 26A (excluding Anaktuvuk Pass residents), those portions within the Gates of the Arctic National Park—3 Aug. 1–Apr. 30. sheep.

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TABLE 26 TO PARAGRAPH (n)(26)—Continued

Harvest limits Open season

Unit 26A, that portion west of Howard Pass and the Etivluk River (DeLong Mountains)—1 sheep by Federal Season may be announced. registration permit. Unit 26B, that portion within the Dalton Highway Corridor Management Area—1 ram with 7⁄8 curl or larger Aug. 10–Sep. 20. horn by Federal registration permit only. Unit 26A, remainder and 26B, remainder, including the Gates of the Arctic National Preserve—1 ram with 7⁄8 Aug. 10–Sep. 20. curl or larger horn. Unit 26C—3 sheep per regulatory year; the Aug. 10–Sep. 20 season is restricted to 1 ram with 7⁄8 curl or Aug. 10–Sep. 20. larger horn. A Federal registration permit is required for the Oct. 1–Apr. 30 season. Oct. 1–Apr. 30. Moose: Unit 26A, that portion of the Colville River drainage upstream from and including the Anaktuvuk River drain- Aug. 1–Sep. 14. age—1 bull. Unit 26A, that portion of the Colville River drainage upstream from and including the Anaktuvuk River drain- Feb. 15–Apr. 15. age—1 moose; however, you may not take a calf or a cow accompanied by a calf. Unit 26A, that portion west of 156°00′ W longitude excluding the Colville River drainage—1 moose, however, July 1–Sep. 14. you may not take a calf or a cow accompanied by a calf. Unit 26A, remainder—1 bull ...... Aug. 1–Sep. 14. Unit 26B, excluding the Canning River drainage—1 bull ...... Sep. 1–14. Units 26B, remainder and 26C—1 moose by Federal registration permit by residents of Kaktovik only. Federal May be announced. public lands are closed to the taking of moose except by a Kaktovik resident holding a Federal registration permit and hunting under these regulations. Musk ox: Unit 26C—1 bull by Federal registration permit only. The number of permits that may be issued only to July 15–Mar. 31. the residents of the village of Kaktovik will not exceed three percent (3%) of the number of musk oxen counted in Unit 26C during a pre-calving census. Public lands are closed to the taking of musk ox, except by rural Alas- ka residents of the village of Kaktovik hunting under these regulations. Coyote: 2 coyotes ...... Sep. 1–Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sep. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): Units 26A and 26B—10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sep. 1–Mar. 15. Unit 26C—10 foxes ...... Nov. 1–Apr. 15. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Apr. 15. Wolf: 15 wolves ...... Aug. 10–Apr. 30. Wolverine: 5 wolverine ...... Sep. 1–Mar. 31. Ptarmigan (Rock and Willow): 20 per day, 40 in possession ...... Aug. 10–Apr. 30.

Trapping

Coyote: No limit ...... Nov. 1–Apr. 15. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1–Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Apr. 15. Lynx: No limit ...... Nov. 1–Apr. 15. Marten: No limit ...... Nov. 1–Apr. 15. Mink and Weasel: No limit ...... Nov. 1–Jan. 31. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Apr. 15.

Sue Detwiler, Assistant Regional Director, U.S. Fish and Wildlife Service. Wayne Owen, Director Wildlife, Fisheries, Ecology, Watershed, & Subsistence, Alaska Region USDA—Forest Service. [FR Doc. 2020–22733 Filed 11–20–20; 8:45 am] BILLING CODE 3411–15– 4333–15–P

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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. 7 CFR Presidential Documents 2 CFR Executive orders and proclamations 741–6000 376...... 72899 205...... 70431 284...... 70043 The United States Government Manual 741–6000 415...... 72912 416...... 72912 930...... 73599 Other Services 1800...... 71815 966...... 72914 Electronic and on-line services (voice) 741–6020 1400...... 73601 Privacy Act Compilation 741–6050 3 CFR 1780...... 72912 Proclamations: 3430...... 72912 10107...... 70027 Proposed Rules: ELECTRONIC RESEARCH 10108...... 70415 1280...... 71274 3555...... 73241 World Wide Web 10109...... 70417 10110...... 70419 8 CFR Full text of the daily Federal Register, CFR and other publications 10111...... 70421 is located at: www.govinfo.gov. 10112...... 70423 1001...... 69465 10113...... 70425 1003...... 69465 Federal Register information and research tools, including Public 1292...... 69465 Inspection List and electronic text are located at: 10114...... 70427 www.federalregister.gov. 10115...... 70429 Proposed Rules: 10116...... 72547 106...... 74196 E-mail 10117...... 72549 214...... 69236 10118...... 73183 215...... 73644, 74162 FEDREGTOC (Daily Federal Register Table of Contents Electronic 10119...... 73399 217...... 73644 Mailing List) is an open e-mail service that provides subscribers Executive Orders: 231...... 73644 with a digital form of the Federal Register Table of Contents. The 13958...... 70951 235...... 73644, 74162 digital form of the Federal Register Table of Contents includes 13959...... 73185 241...... 74196 HTML and PDF links to the full text of each document. Administrative Orders: 274a...... 74196 To join or leave, go to https://public.govdelivery.com/accounts/ Memorandums: 10 CFR USGPOOFR/subscriber/new, enter your email address, then Memorandum of follow the instructions to join, leave, or manage your October 31, 2020 ...... 70039 2...... 70435 subscription. Memorandum of 72...... 71223, 74595 PENS (Public Law Electronic Notification Service) is an e-mail October 26, 2020 ...... 71213 Proposed Rules: service that notifies subscribers of recently enacted laws. Memorandum of 2...... 70507 November 7, 2020 ...... 74255 53...... 71002 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of 72...... 71274 and select Join or leave the list (or change settings); then follow November 9, 2020 ...... 72889 430...... 70508 the instructions. Notices: FEDREGTOC and PENS are mailing lists only. We cannot Notice of October 30, 12 CFR respond to specific inquiries. 2020 ...... 69463 261a...... 73603 Reference questions. Send questions and comments about the Notice of November 303...... 72551 Federal Register system to: [email protected] 12, 2020 ...... 72893 324...... 74257 Notice of November 327...... 71227 The Federal Register staff cannot interpret specific documents or 12, 2020 ...... 72895 347...... 72551 regulations. Notice of November 611...... 73401 12, 2020 ...... 72897 615...... 70955, 73401 FEDERAL REGISTER PAGES AND DATE, NOVEMBER Presidential 621...... 73401 Determinations: 704...... 71817 69119–69464...... 2 No. 2020–12 of Ch. X...... 69482 69465–70026...... 3 September 28, 1003...... 69119 70027–70414...... 4 2020 ...... 71209 Proposed Rules: 70415–70954...... 5 No. 2021–02 of 4...... 70512 70955–71222...... 6 September 27, 225...... 71580 71223–71528...... 9 2020 ...... 71219 238...... 71580 252...... 71580 71529–71814...... 10 5 CFR 71815–72550...... 12 262...... 70512 1600...... 72913 72551–72898...... 13 302...... 70512 1605...... 72913 791...... 70512 72899–73184...... 16 Proposed Rules: Ch. X...... 71003 73185–73398...... 17 831...... 70502 1074...... 70512 73399–73598...... 18 842...... 70502 1253...... 71276 73599–74254...... 19 74255–74594...... 20 6 CFR 13 CFR 74595–74846...... 23 Proposed Rules: 121...... 72916 5...... 74616 124...... 69120

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125...... 69120, 70050 20 CFR Proposed Rules: 17...... 71020 129...... 69120 404...... 73138 9...... 71722, 71726 70...... 70551 Proposed Rules: 408...... 73138 28 CFR 39 CFR 121...... 72584 411...... 73138 416...... 73138 0...... 69465 111...... 74608 14 CFR 3040...... 70477 422...... 73138 29 CFR 39 ...... 69126, 69129, 69131, 655...... 70445 40 CFR 1695...... 69167 69134, 69138, 69140, 69142, 21 CFR 1912...... 73421 9...... 69189 69144, 69485, 69488, 69492, 2201...... 72564 52 ...... 69504, 70483, 71264, 69493, 69496, 70051, 70439, 1...... 72899 2509...... 72846 71547, 71846, 72961, 72963, 70442, 70955, 71229, 71232, 5...... 72899 2510...... 72934 73218, 73229, 73632, 73634, 71235, 71238, 71240, 71244, 12...... 72899 2550...... 72846 73636, 73640, 74263 71529, 71532, 72555, 72558, 14...... 72899 2590...... 71142, 72158 60...... 70487 73401, 73404, 73407, 73604, 25...... 72899 4022...... 72565 62...... 72967 73607, 73610, 73613, 73615, 81...... 72899 133...... 72899 63 ...... 69508, 70487, 73854 74560, 74595, 74598, 74601 30 CFR 81...... 71264 71 ...... 69147, 69148, 71534, 172...... 72899 938...... 71251 122...... 69189 71535, 72917, 72918, 74259 178...... 72899 184...... 72899 948...... 70972 123...... 69189 91...... 74260 127...... 69189 97 ...... 69149, 69151, 72560, 201...... 72899 Proposed Rules: 310...... 72899 18...... 73656 180 ...... 69512, 70062, 70494, 72562 70497, 70976, 70997, 72571, 1221...... 71827 369...... 72899 74...... 73656 501...... 72899 72968 1241...... 73410 31 CFR 257...... 72506 1274...... 72919 582...... 72899 1301...... 69153 33...... 71142 271...... 74265 Proposed Rules: 403...... 69189 1306...... 69153 Proposed Rules: 21 ...... 74271, 74275, 74280, 503...... 69189 74285, 74289, 74294, 74618, Proposed Rules: 50...... 71588 6...... 70096, 73007 Proposed Rules: 74622 73...... 74304 32 CFR 52 ...... 69307, 70554, 71022, 27...... 69265 112...... 71294 71023, 71295 33...... 73644 199...... 73193 1300...... 69282 63...... 71490 39 ...... 69267, 69269, 69272, 253...... 72566 1301...... 69282 2402...... 70054 81...... 71023 69276, 69519, 69522, 70087, 139...... 73438 70523, 70526, 71286, 71580, 22 CFR 33 CFR 271...... 70558 71583, 72608, 73430, 73432, 313...... 73418 300...... 74306 74299, 74627 100...... 71543, 74261 Proposed Rules: 721...... 73007, 73439 71 ...... 69279, 69281, 70089, 165 ...... 69172, 71545, 73423, 54...... 73244 70092, 70093, 70096, 70532, 74606 41 CFR 96...... 74492 70534, 71289, 71290, 71292, Proposed Rules: 60-1...... 71553 71293, 71586, 72610, 72612, 23 CFR 117...... 73667 60-2...... 71553 165 ...... 69299, 69301, 74304 72613, 73436, 73644, 74302 635...... 72919 60-300...... 71553 34 CFR 60-741...... 71553 15 CFR 24 CFR 42 CFR Ch. VII...... 73191 11...... 71537 75...... 70975 734...... 73411 3282...... 71831 76...... 70975 23...... 72899 758...... 73411 3284...... 71831 106...... 70975 51c ...... 72899 606...... 70975 762...... 73411 Proposed Rules: 52i ...... 72899 607...... 70975 764...... 73411 201...... 74630 56...... 72899 608...... 70975 766...... 73411 203...... 74630 57...... 72899 609...... 70975 Proposed Rules: 206...... 74630 63...... 72899 668...... 72567 774...... 71012 888...... 71856 124...... 72899 922...... 74630 982...... 71856 36 CFR 409...... 70298 983...... 71856 410...... 70298, 71142 1...... 69175, 72956 17 CFR 985...... 71856 411...... 71142, 72899 4...... 69175 3282...... 71856 412...... 72899 4...... 71772 13...... 72956 3284...... 71856 413...... 71398 23...... 69498, 71246 220...... 73620 414...... 70298, 71142 232...... 69499 25 CFR 242...... 74796 417...... 71142 240...... 70240, 70898 248...... 73192 Proposed Rules: 422...... 72899 249...... 70898 7...... 71017 423...... 72899 270...... 73924 26 CFR 222...... 69303 424...... 70298 274...... 73924 1 ...... 69500, 70958, 71734, 426...... 72899 37 CFR Proposed Rules: 71998, 72472, 72564, 72934, 433...... 71142 23...... 70536 74010 2...... 73197 438...... 72754 200...... 70716 25...... 74010 6...... 69501 440...... 72899 230...... 70716 26...... 74010 7...... 73197 441...... 72899 239...... 70716 54...... 71142, 72158 202...... 71834 447...... 72899 240...... 70536, 70716 301...... 71998, 74010 Proposed Rules: 457...... 72754 270...... 70716 602...... 74010 42...... 73437 482...... 72899 274...... 70716 Proposed Rules: 210...... 70544 484...... 70298 1...... 71587, 72078 485...... 72899 19 CFR 38 CFR 54...... 71016 510...... 71142 Ch.I ...... 74603, 74604 Ch. I ...... 73252 5...... 72569 1004...... 72899 Proposed Rules: 17...... 71838 1008...... 72899 4...... 73644 27 CFR Proposed Rules: Proposed Rules: 122...... 73644 9...... 73617 1...... 72615 1...... 70096, 73007

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100...... 71046 Proposed Rules: 97...... 71296 50 CFR 6...... 70096, 73007 404...... 70096, 73007 17...... 69778 414...... 70358 1635...... 70564 48 CFR 27...... 69223 600...... 69525 46 CFR 30...... 72971 92...... 73233 204...... 74610 43 CFR 100...... 74796 502...... 72574 209...... 74610 503...... 72574 8340...... 69206 212...... 74611 216...... 69515 520...... 72574 229...... 74611 218...... 72312 44 CFR 530...... 72574 252...... 74610, 74611 622 ...... 70085, 73238, 73642 535...... 72574 59...... 73233 302...... 72899 635...... 71270 540...... 72574 64...... 73233 326...... 72899 648 ...... 71575, 72579, 74266, 550...... 72574 74612 45 CFR 555...... 72574 Proposed Rules: 660...... 73002, 74613 3...... 72899 560...... 72574 212...... 74636 63...... 72899 223...... 74639 665 ...... 71577, 73003, 74614 75...... 72899 47 CFR 326...... 71596 679 ...... 69517, 71272, 72580, 147...... 71142, 72158 2...... 69515 352...... 71596 74266, 74615 155...... 71142 9...... 70500 9904...... 70572 680...... 72581 158...... 72158 64...... 73233, 73360 49 CFR Proposed Rules: 170...... 70064 76...... 71848, 73425 17 ...... 69540, 71859, 73012, 171...... 70064 90...... 69515 273...... 72971 73164, 74050 182...... 71142 97...... 69515 299...... 69700 216...... 71297 572...... 69898 305...... 72899 Proposed Rules: 622...... 73013 307...... 72899 1...... 71593 Proposed Rules: 648 ...... 70573, 71873, 72616, 1324...... 72899 5...... 71296 13...... 74640 73253 1325...... 72899 25...... 71296 192...... 70124 1326...... 72899 52...... 73253 195...... 70124 660...... 73446 1328...... 72899 73...... 69311, 70569 571...... 69388 665...... 71300

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