Vol. 85 Wednesday, No. 58 March 25, 2020

Pages 16887–16996

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 58

Wednesday, March 25, 2020

Agency for Healthcare Research and Quality Election Assistance Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Hearing: Submissions, and Approvals, 16943–16945 Introduction and Foundation of VVSG 2.0 Requirements, 16934 Agriculture Department See Rural Business-Cooperative Service Energy Department See Federal Energy Regulatory Commission Centers for Disease Control and Prevention NOTICES NOTICES Meetings: Meetings: Biological and Environmental Research Advisory Board of Scientific Counselors, National Center for Injury Committee, 16934–16935 Prevention and Control; Correction, 16945–16946 Board of Scientific Counselors, National Institute for Export-Import Bank Occupational Safety and Health, 16946–16947 NOTICES Clinical Laboratory Improvement Advisory Committee; Meetings; Sunshine Act, 16937 Cancellation, 16945 Tribal Advisory Committee; Cancellation, 16946 Federal Aviation Administration Requests for Nominations: RULES Board of Scientific Counselors, National Institute for Oxygen Mask Requirement: Occupational Safety and Health; Correction, 16946 Supplemental Oxygen for Emergency Descent and for First Aid; Turbine Engine Powered Airplanes With Children and Families Administration Pressurized Cabins, 16897–16900 NOTICES Special Conditions: Agency Information Collection Activities; Proposals, GDC Technics, Boeing Model 777–300ER Series Airplane; Submissions, and Approvals: Lower Lobe Crew Rest Compartment, 16892–16897 Immediate Disaster Case Management Intake Assessment, PROPOSED RULES 16947–16948 Airworthiness Directives: Title V State Sexual Risk Avoidance Education Program, Bell Helicopter Textron, Inc. Helicopters, 16916–16918 16948–16949 Proposed Establishment of Restricted Area: R–5306F; Cherry Point, NC, 16918–16919 Commerce Department NOTICES See International Trade Administration Orders: See National Oceanic and Atmospheric Administration Limiting Operations at John F. Kennedy International Airport and New York LaGuardia Airport; High Comptroller of the Currency Density Traffic Airports Rule at Ronald Reagan RULES Washington National Airport, 16989–16990 Order of Temporary Extension of Maturity Limits for Short- Term Investment Funds, 16887–16888 Federal Bureau of Investigation Short-Term Investment Funds, 16888–16892 NOTICES Agency Information Collection Activities; Proposals, Corporation for National and Community Service Submissions, and Approvals:, 16959 NOTICES Agency Information Collection Activities; Proposals, Federal Communications Commission Submissions, and Approvals: NOTICES Application Package for National Civilian Community Agency Information Collection Activities; Proposals, Corps’ Team Leader Application, 16930–16931 Submissions, and Approvals, 16937–16939

Defense Department Federal Energy Regulatory Commission See Navy Department NOTICES Combined Filings, 16936–16937 Education Department Initial Market-Based Rate Filings Including Requests for PROPOSED RULES Blanket Section 204 Authorizations: Proposed Priorities and Definitions: King Plains Wind Project, LLC, 16935 Independent Living Services for Older Individuals Who Suspending Environmental Review Schedule: Are Blind—Training and Technical Assistance, Commonwealth LNG, LLC, 16935–16936 16920–16924 NOTICES Federal Labor Relations Authority Applications for New Awards: PROPOSED RULES Statistical and Research Methodology in Education and Request for a General Statement of Policy or Guidance on Using Longitudinal Data to Support State Education Official Time for Certain Lobbying Activities, 16915– Policymaking Grant Programs, 16931–16934 16916

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Federal Reserve System Mine Safety and Health Administration NOTICES NOTICES Change in Bank Control: Agency Information Collection Activities; Proposals, Acquisitions of Shares of a Bank or Bank Holding Submissions, and Approvals: Company, 16939 Periodic Medical Surveillance Examinations for Coal Miners, 16960–16961 Federal Trade Commission Records of Tests and of Examinations of Personnel NOTICES Hoisting Equipment, 16961–16963 Proposed Consent Agreement: Respirator Program Records, 16959–16960 Danaher Corp., 16939–16943 Safety Defects; Examination, Correction, and Records, 16963–16964 Fish and Wildlife Service NOTICES National Aeronautics and Space Administration Endangered and Threatened Wildlife and Plants: NOTICES Initiation of 5-Year Status Reviews for 25 Southeastern Intent to Grant Partially Exclusive License, 16964 Species, 16951–16953 Meetings: National Space Council Users’ Advisory Group, 16964– Food and Drug Administration 16965 NOTICES Process for Making Available Guidance Documents Related to Coronavirus Disease 2019, 16949–16950 National Institutes of Health NOTICES Health and Human Services Department Meetings: See Agency for Healthcare Research and Quality Center for Scientific Review, 16950 See Centers for Disease Control and Prevention National Cancer Institute, 16950 See Children and Families Administration National Institute of Diabetes and Digestive and Kidney See Food and Drug Administration Diseases, 16950–16951 See National Institutes of Health National Institute of General Medical Sciences, 16950– 16951 Interior Department See Fish and Wildlife Service National Oceanic and Atmospheric Administration See Office of Natural Resources Revenue RULES Fisheries of the Exclusive Economic Zone Off Alaska: Internal Revenue Service Pollock in the West Yakutat District in the Gulf of Alaska, NOTICES 16913–16914 Agency Information Collection Activities; Proposals, Fisheries Off West Coast States: Submissions, and Approvals: Pacific Coast Groundfish Fishery; 2019–2020 Biennial Tip Reporting Alternative Tip Agreement used in the Specifications and Management Measures; Inseason Cosmetology and Barber Industry, 16991–16992 Adjustments, 16911–16913 NOTICES International Trade Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Applications: Foreign Fishing Vessel Permits, Vessel, and Gear Duty-Free Entry of Scientific Instruments, 16925–16926 Identification, and Reporting Requirements, 16929– Determination of Sales at Less Than Fair Value: 16930 Certain Aluminum Foil from the People’s Republic of Marine Mammal Health and Stranding Response China, 16926–16927 Program, 16928–16929 Indirect Cost Rates for the Office of National Marine International Trade Commission Sanctuaries for Fiscal Year 2010, 16927–16928 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Navy Department or Reviews: NOTICES Polyethylene Terephthalate Film from India and Taiwan, Meetings: 16957–16958 United States Naval Academy Board of Visitors; Small Vertical Shaft Engines from China, 16958–16959 Cancellation, 16931 Justice Department See Federal Bureau of Investigation Nuclear Regulatory Commission NOTICES Labor Department Establishment of Atomic Safety and Licensing Board: See Mine Safety and Health Administration DTE Electric Co., 16965

Maritime Administration Office of Natural Resources Revenue NOTICES NOTICES Requested Administrative Waiver of the Coastwise Trade Agency Information Collection Activities; Proposals, Laws: Submissions, and Approvals: Vessel LOVE SONG (Sailboat), 16990–16991 Suspensions Pending Appeal and Bonding, 16954–16956

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Personnel Management Office Transportation Department RULES See Federal Aviation Administration Federal Employees Health Benefits Acquisition Regulations: See Maritime Administration Self Plus One and Contract Matrix Update, 16907–16910 Presidential Documents Treasury Department ADMINISTRATIVE ORDERS See Comptroller of the Currency Treasury, Secretary of the; Delegation of Functions Under See Internal Revenue Service 31 U.S.C. 5302 (Memorandum of March 20, 2020), 16993–16996 Veterans Affairs Department RULES Rural Business-Cooperative Service Acquisition Regulation: NOTICES Acquisition of Commercial Items and Simplified Solicitation of Applications: Acquisition Procedures, 16900–16907 Rural Energy for America Program for Fiscal Year 2020; Amendment, 16925

Securities and Exchange Commission Separate Parts In This Issue NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 16978–16985 Part II Financial Industry Regulatory Authority, Inc., 16971– Presidential Documents, 16993–16996 16977 Long-Term Stock Exchange, Inc., 16985–16987 Nasdaq BX, Inc., 16965–16968 Reader Aids Nasdaq PHLX, LLC, 16968–16970 Consult the Reader Aids section at the end of this issue for Trade Representative, Office of United States phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Additional Modifications to the 301 Action to Address To subscribe to the Federal Register Table of Contents COVID–19: electronic mailing list, go to https://public.govdelivery.com/ China’s Acts, Policies, and Practices Related to accounts/USGPOOFR/subscriber/new, enter your e-mail Technology Transfer, Intellectual Property, and address, then follow the instructions to join, leave, or Innovation, 16987–16988 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.

3 CFR Administrative Orders: Memorandums: Memorandum of March 20, 2020 ...... 16995 5 CFR Proposed Rules: 2427...... 16915 12 CFR 9 (2 documents) ...... 16887, 16888 14 CFR 25...... 16892 121...... 16897 Proposed Rules: 39...... 16916 73...... 16918 34 CFR Proposed Rules: Ch. III ...... 16920 48 CFR 812...... 16900 813...... 16900 852...... 16900 853...... 16900 1603...... 16907 1652...... 16907 50 CFR 660...... 16911 679...... 16913

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Rules and Regulations Federal Register Vol. 85, No. 58

Wednesday, March 25, 2020

This section of the FEDERAL REGISTER Counsel’s Office, (202) 649–5490, for Reserve Act,2 as a measure to ameliorate contains regulatory documents having general persons who are deaf or hearing these liquidity pressures. Although applicability and legal effect, most of which impaired, TTY, (202) 649–5597, Office STIFs do not serve the same broad are keyed to and codified in the Code of of the Comptroller of the Currency, 400 investor market as MMMFs, the OCC Federal Regulations, which is published under 7th Street SW, Washington, DC 20219. remains concerned that, in light of the 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: Section acute effects the COVID–2019 virus is The Code of Federal Regulations is sold by 9.18 of the OCC’s regulations (12 CFR triggering across the markets broadly, the Superintendent of Documents. 9.18) sets out regulatory requirements there may be elevated participation for certain bank-managed fiduciary interest withdrawals for STIFs operated investment funds that hold pooled by national banks, notwithstanding DEPARTMENT OF THE TREASURY assets which are funded through these differences between STIFs and contributions by the fund’s participants. MMMFs. Regulatory authorities Office of the Comptroller of the supervising other categories of banks Currency For Short-term Investment Funds (STIFs) subject to § 9.18, these operating STIFs—in accordance with the legal requirements governing those 12 CFR Part 9 requirements include § 9.18(b)(4)(iii)(B), requiring the STIF to be operated banks and incorporating the OCC’s STIF rules as part of those requirements— Order of Temporary Extension of pursuant to a written, board-approved have conveyed similar concerns to the Maturity Limits for Short-Term plan under 12 CFR 9.18(b)(1) 1 that requires the fund to maintain a dollar- OCC. Investment Funds In addition to the OCC’s concerns weighted average portfolio maturity of about unusual withdrawal levels, the AGENCY: Office of the Comptroller of the 60 days or less and a dollar-weighted OCC observes that STIF investment Currency, Department of Treasury. average portfolio life maturity of 120 portfolios are generally made up of the ACTION: Order of temporary extension of days or less, as determined in the same same types of securities and maturity limits for short-term manner as is required by the Securities investment funds. investments as those held by MMMFs. and Exchange Commission pursuant to Accordingly, liquidity pressures related Rule 2a–7 for money market mutual SUMMARY: The OCC has adopted an to the COVID–2019 virus in the funds (17 CFR 270.2a–7). interim final rule adding a reservation of marketplace for those assets raises Pursuant to § 9.18(b)(4)(iv), the OCC authority provision to the OCC’s short- similar concerns for STIFs as those has reserved the authority to, among term investment fund (STIF) rule (STIF presented for MMMFs. Acute market- other things, issue an order temporarily Rule) for national banks acting in a wide disturbances in the depth of extending these limits if the OCC fiduciary capacity. The reservation of liquidity available for a bank seeking to determines the financial markets are in authority addresses the STIF Rule’s purchase and sell portfolio assets to a period of market stress negatively limits on weighted average portfolio maintain a STIF’s liquidity put pressure affecting, on a temporary basis, the maturity, weighted average portfolio life on the bank’s ability to perform these ability of banks to operate in maturity, and the method for functions. compliance with the requirements of determining those limits. The OCC has In light of these reasons and pursuant § 9.18(b)(4)(iii)(B). also issued an administrative order to § 9.18(b)(4)(iv), the OCC hereby pursuant to the reservation of authority Recent events have significantly and determines that, effective immediately, contained in the interim final rule. The adversely impacted global financial banks seeking to comply with the order states that banks seeking to markets, and the OCC is concerned requirements of section 9.18(b)(4)(iii)(B) comply with the STIF Rule’s portfolio about the potential effects on STIFs will be deemed to be in compliance maturity and life limits will be deemed operated by national banks. The spread with that section if: to be in compliance with those of the Coronavirus Disease 2019 1. The STIF maintains a dollar- requirements, if the STIF maintains a (COVID–2019) has slowed economic weighted average portfolio maturity of dollar-weighted average portfolio activity in many countries, including 120 days or less, as determined in the maturity of 120 days or less, and the the United States. Sudden disruptions same manner as is required by the STIF maintains a dollar-weighted in financial markets have put increasing Securities and Exchange Commission average portfolio life maturity of 180 liquidity pressure on money market pursuant to Rule 2a–7 for money market days or less. mutual funds, as they have been faced mutual funds (17 CFR 270.2a–7); with redemption requests from clients 2. The STIF maintains a dollar- DATES: The administrative order is with immediate cash needs. The Board weighted average portfolio life maturity effective March 23, 2020, and is of Governor of the Federal Reserve of 180 days or less, as determined in the applicable beginning March 21, 2020. System, with the approval of the same manner as is required by the FOR FURTHER INFORMATION CONTACT: Secretary of the Treasury, has Securities and Exchange Commission Patricia Dalton, Director for Asset authorized the Federal Reserve Bank of pursuant to Rule 2a–7 for money market Management Policy, Market Risk Policy Boston to establish the Money Market mutual funds (17 CFR 270.2a–7); Division, Bank Supervision Policy, (202) Mutual Fund Liquidity Facility, 3. The bank makes a determination 649–6401, Stephanie Boccio, Asset pursuant to section 13(3) of the Federal that using these temporary limits would Management Lead Expert, Systemic Risk be in the best interests of the STIF under Identification Support and Specialty 1 Section 9.18(b)(a) also permits the written plan applicable law. This determination may Supervision, (202) 649–6397, or Jamey to be approved by a committee authorized by the Basham, Assistant Director, Chief board. 2 12 U.S.C. 343(3).

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be made under the bank’s standard eRulemaking Portal or email, if possible. you consider confidential or procedures for making such Please use the title ‘‘Short-term inappropriate for public disclosure. determinations in regards to the best Investment Funds’’ to facilitate the You may review comments and other interests of its collective investment organization and distribution of the related materials that pertain to this funds; and comments. You may submit comments rulemaking action by any of the 4. The bank must make any necessary by any of the following methods: following methods: amendments to the written plan for the • Federal eRulemaking Portal— • Viewing Comments Electronically— STIF to reflect these temporary changes. Regulations.gov Classic or Regulations.gov Classic or 5. The OCC also hereby determines Regulations.gov Beta: Regulations.gov Beta: that the relief provided by this Regulations.gov Classic: Go to https:// Regulations.gov Classic: Go to https:// administrative order terminates on July www.regulations.gov/. Enter ‘‘Docket ID www.regulations.gov/. Enter ‘‘Docket ID 20, 2020, unless the OCC revises this OCC–2020–0012’’ in the Search Box and OCC–2020–0012’’ in the Search box and order to provide otherwise before that click ‘‘Search.’’ Click on ‘‘Comment click ‘‘Search.’’ Click on ‘‘Open Docket date. Now’’ to submit public comments. For Folder’’ on the right side of the screen. By authority of the Comptroller of the help with submitting effective Comments and supporting materials can Currency. comments please click on ‘‘View be viewed and filtered by clicking on Dated: March 21, 2020. Commenter’s Checklist.’’ Click on the ‘‘View all documents and comments in Morris R. Morgan, ‘‘Help’’ tab on the Regulations.gov home this docket’’ and then using the filtering page to get information on using tools on the left side of the screen. Click First Deputy Comptroller, Comptroller of the Currency. Regulations.gov, including instructions on the ‘‘Help’’ tab on the for submitting public comments. Regulations.gov home page to get [FR Doc. 2020–06286 Filed 3–23–20; 11:15 am] Regulations.gov Beta: Go to https:// information on using Regulations.gov. BILLING CODE 4810–01–P beta.regulations.gov/ or click ‘‘Visit The docket may be viewed after the New Regulations.gov Site’’ from the close of the comment period in the same DEPARTMENT OF THE TREASURY Regulations.gov Classic homepage. manner as during the comment period. Enter ‘‘Docket ID OCC–2020–0012’’ in Regulations.gov Beta: Go to https:// Office of the Comptroller of the the Search Box and click ‘‘Search.’’ beta.regulations.gov/ or click ‘‘Visit Currency Public comments can be submitted via New Regulations.gov Site’’ from the the ‘‘Comment’’ box below the Regulations.gov Classic homepage. 12 CFR Part 9 displayed document information or by Enter ‘‘Docket ID OCC–2020–0012’’ in clicking on the document title and then the Search Box and click ‘‘Search.’’ [Docket No. OCC–2020–0012] clicking the ‘‘Comment’’ box on the top- Click on the ‘‘Comments’’ tab. RIN 1557–AE84 left side of the screen. For help with Comments can be viewed and filtered submitting effective comments please by clicking on the ‘‘Sort By’’ drop-down Short-Term Investment Funds click on ‘‘Commenter’s Checklist.’’ For on the right side of the screen or the assistance with the Regulations.gov Beta ‘‘Refine Results’’ options on the left side AGENCY: Office of the Comptroller of the site, please call (877) 378–5457 (toll of the screen. Supporting materials can Currency, Treasury (OCC). free) or (703) 454–9859 Monday–Friday, be viewed by clicking on the ACTION: Interim final rule and request 9 a.m.–5 p.m. ET or email regulations@ ‘‘Documents’’ tab and filtered by for comment. erulemakinghelpdesk.com. clicking on the ‘‘Sort By’’ drop-down on • Email: regs.comments@ the right side of the screen or the SUMMARY: The OCC is adopting an occ.treas.gov. ‘‘Refine Results’’ options on the left side interim final rule to revise the OCC’s • Mail: Chief Counsel’s Office, of the screen.’’ For assistance with the short-term investment fund (STIF) rule Attention: Comment Processing, Office Regulations.gov Beta site, please call (STIF Rule) for national banks acting in of the Comptroller of the Currency, 400 (877) 378–5457 (toll free) or (703) 454– a fiduciary capacity. Sudden 7th Street SW, Suite 3E–218, 9859 Monday–Friday, 9 a.m.–5p.m. ET disruptions in the financial markets Washington, DC 20219. or email regulations@ have created conditions that may • erulemakinghelpdesk.com. constrain the ability of a national bank’s Hand Delivery/Courier: 400 7th Street SW, Suite 3E–218, Washington, The docket may be viewed after the management team to execute certain close of the comment period in the same elements of a STIF’s written investment DC 20219. • Fax: (571) 465–4326. manner as during the comment period. policy, specifically with regard to • Viewing Comments Personally: You investment plan components addressing Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘Docket may personally inspect comments at the the weighted average maturity and OCC, 400 7th Street SW, Washington, weighted average life of the STIF’s ID OCC–2020–0012’’ in your comment. In general, the OCC will enter all DC 20219. For security reasons, the OCC investment portfolio. The OCC is requires that visitors make an issuing this interim final rule to allow comments received into the docket and publish the comments on the appointment to inspect comments. You national banks to operate affected STIFs may do so by calling (202) 649–6700 or, on a limited-time basis with increased Regulations.gov website without change, including any business or for persons who are deaf or hearing maturity limits under these impaired, TTY, (202) 649–5597. Upon circumstances. personal information provided such as name and address information, email arrival, visitors will be required to DATES: The interim final rule is effective addresses, or phone numbers. present valid government-issued photo March 23, 2020, and is applicable Comments received, including identification and submit to security beginning March 20, 2020. Comments attachments and other supporting screening in order to inspect comments. on the interim final rule must be materials, are part of the public record FOR FURTHER INFORMATION CONTACT: received no later than May 11, 2020. and subject to public disclosure. Do not Patricia Dalton, Director for Asset ADDRESSES: Commenters are encouraged include any information in your Management Policy, Market Risk Policy to submit comments through the Federal comment or supporting materials that Division, Bank Supervision Policy, (202)

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649–6401, Stephanie Boccio, Asset value of existing participating interests all retail, commercial, institutional, and Management Lead Expert, Systemic Risk in the CIF. public sector investors, whereas, STIFs Identification Support and Specialty A STIF is a type of CIF that permits only are available to authorized Supervision, (202) 649–6397, or Jamey a bank to value the STIF’s assets on an fiduciary accounts of a bank and certain Basham, Assistant Director, Chief amortized cost basis, rather than at employee benefit plans.5 Additionally, Counsel’s Office, (202) 649–5490, for mark-to-market value, for purposes of the combined asset value of all STIFs persons who are deaf or hearing admissions and withdrawals. Because a nationwide totals only a fraction of the impaired, TTY, (202) 649–5597, Office STIF’s investments are limited to combined asset value of all MMMFs. shorter-term assets and those assets of the Comptroller of the Currency, 400 B. Market Disturbances Impacting STIF generally are required to be held to 7th Street SW, Washington, DC 20219. Liquidity Management Functions maturity, differences between the SUPPLEMENTARY INFORMATION: amortized cost and mark-to-market Recent events have significantly and I. Background value of the assets will be rare, absent adversely impacted global financial atypical market conditions or an markets, and the OCC is concerned A. Short-Term Investment Funds impaired asset. STIFs typically operate about the potential effects on STIFs with the primary objective of operated by national banks. The spread A STIF is a form of Collective maintaining a stable net asset value of the Coronavirus Disease 2019 Investment Fund (CIF). A CIF is a bank- (NAV) per participation interest of (COVID–2019) has slowed economic managed fiduciary fund that holds $1.00.3 activity in many countries, including pooled assets; the bank is required to The OCC’s STIF Rule at 12 CFR the United States. Sudden disruptions establish and operate the CIF in 9.18(b)(4)(iii) governs STIFs managed by in financial markets have put increasing accordance with specific criteria national banks, but it is also common liquidity pressure on MMMFs, as they established by the OCC fiduciary for other types of financial institutions have been faced with redemption activities regulation at 12 CFR 9.18. (collectively with national banks, requests from clients with immediate Under 12 CFR 9.18(b)(1), each CIF is ‘‘banks’’) to manage collective cash needs. The Board of Governor of established under a ‘‘Plan’’ approved by investment funds pursuant to the the Federal Reserve System, with the the bank’s board of directors (or an requirements of other laws which, in approval of the Secretary of the authorized board committee) that details turn, cross-reference the OCC’s CIF Rule Treasury, has authorized the Federal the terms under which the bank at 12 CFR 9.18 and the STIF Rule Reserve Bank of Boston to establish the manages and administers the fund’s subcomponent thereof at 12 CFR Money Market Mutual Fund Liquidity assets. The bank acts as a fiduciary for 9.18(b)(4)(iii).4 Facility, pursuant to section 13(3) of the the CIF and holds legal title to the There are also other types of funds Federal Reserve Act,6 as a measure to fund’s assets, which are funded through that seek to maintain a stable NAV. The ameliorate these liquidity pressures. contributions by the CIF’s participants, most significant of these from a Although STIFs do not serve the same as discussed below. Participants in a financial market presence standpoint broad investor market as MMMFs, the CIF are the beneficial owners of the are ‘‘money market mutual funds’’ OCC remains concerned that, in light of fund’s assets. Each participant owns an (MMMFs). These funds are organized as the acute effects the COVID–2019 virus undivided interest in the aggregate open-ended management investment is triggering across the markets broadly, assets of a CIF; a participant does not companies and are regulated by the U.S. there may be elevated participation directly own any specific asset held by Securities and Exchange Commission interest withdrawals for STIFs operated a CIF.1 (‘‘SEC’’) pursuant to the Investment by national banks, notwithstanding A participant’s investment in a CIF is Company Act of 1940, particularly these differences between STIFs and called a ‘‘participating interest.’’ pursuant to the provisions of SEC Rule MMMFs. Regulatory authorities Participating interests in a CIF are not 2a–7 thereunder (‘‘Rule 2a–7’’). supervising other categories of banks insured by the Federal Deposit There are a number of important operating STIFs—in accordance with Insurance Corporation (FDIC) and are differences between MMMFs and STIFs; the legal requirements governing those not subject to potential claims by a most significantly, MMMFs are open to banks and incorporating the OCC’s STIF bank’s creditors. In addition, a rules as part of those requirements— participating interest in a CIF cannot be 3 12 CFR 9.18(b)(4)(iii)(A). have conveyed similar concerns to the pledged or otherwise encumbered in 4 For example, New York state law provides that OCC. all investments in short-term investment common favor of a third party. A CIF admitting In addition to the OCC’s concerns trust funds may be valued at cost, if the plan of about unusual withdrawal levels, the a participant (that is, allowing the operation requires that: (i) The type or category of participant, in effect, to purchase a investments of the fund shall comply with the rules OCC observes that STIF investment proportionate interest in the assets of and regulations of the Comptroller of the Currency portfolios are generally made up of the pertaining to short-term investment funds and (ii) the CIF) or withdrawing all or part of its same types of securities and in computing income, the difference between cost investments as those held by MMMFs. participating interest in the CIF may of investment and anticipated receipt on maturity only do so on the basis of a valuation of investment shall be accrued on a straight-line basis. See N.Y. Comp. Codes R. & Regs. Tit. 3, 5 15 U.S.C. 80a; 17 CFR 270.2a–7. Because STIFs of the CIF’s assets, as of the admission section 22.23 (2010). Additionally, in order to retain are a form of CIF, they are generally exempt from or withdrawal date, and only for non- their tax-exempt status pursuant to the Internal the SEC’s rules under the Investment Company Act. cancellable requests made before or on Revenue Code, common trust funds must operate in STIFs used exclusively for (1) the collective the valuation date.2 This general compliance with § 9.18 as well as the Federal tax investment of money by a bank in its fiduciary laws. See 26 U.S.C. 584. Although the direct scope capacity as trustee, executor, administrator, or valuation rule is designed to protect all of the STIF Rule provisions in § 9.18 of the OCC’s guardian and (2) the collective investment of assets participants in the CIF from the risk that regulations is national banks and Federal branches of certain employee benefit plans are exempt from other participants will be admitted or and agencies of foreign banks acting in a fiduciary the Investment Company Act under 15 U.S.C. 80a– withdrawn at valuations that dilute the capacity (12 CFR 9.1(c)) in regard to STIFs, the 3(c)(3) and (c)(11), respectively. MMMFs are not nomenclature of the STIF Rule refers simply to subject to comparable restrictions as to the type of ‘‘banks.’’ For the sake of convenience, the OCC participant who may invest in the fund or the 1 12 CFR 9.18. continues this approach and also applies the same purpose of such investment. 2 12 CFR 9.18(b)(5). convention to the discussion of the STIF final rule. 6 12 U.S.C. 343(3).

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Accordingly, liquidity pressures related OCC’s use of the reservation of written plan for the STIF to reflect these to the COVID–2019 virus in the authority. temporary changes. marketplace for those assets raise Accordingly, the interim final rule The OCC seeks comment on all similar concerns as those presented for sets out a framework under which the aspects of the interim final rule. MMMFs. The OCC’s STIF Rule requires OCC’s reservation of authority will be IV. Administrative Law Matters management to operate the fund exercised in the format of an OCC pursuant to liquidity management administrative order. The administrative A. Administrative Procedure Act standards allowing the STIF to balance order will be issued by authorization of The OCC is issuing the interim final appropriately the volume of the STIF’s the Comptroller of the Currency. The rule without prior notice and the daily admissions and withdrawals in OCC will publish the administrative opportunity for public comment and the conjunction with the maturities of the order on its website at www.occ.gov and delayed effective date ordinarily fund’s investments. Under the OCC through other methods, as appropriate. prescribed by the Administrative STIF Rule, these standards must address The interim final rule provides that a Procedure Act (APA).9 Pursuant to contingent funding needs, and the bank bank seeking to comply with the section 553(b)(B) of the APA, general must operate an independent program requirements of the OCC STIF Rule on notice and the opportunity for public of stress testing to assess the STIF’s weighted average portfolio maturity, comment are not required with respect ability to maintain a stable NAV in weighted average portfolio life maturity, to a rulemaking when an ‘‘agency for varying market conditions.7 Acute and the method for determining them good cause finds (and incorporates the market-wide disturbances in the depth will deemed to be in compliance with finding and a brief statement of reasons of liquidity available for a bank seeking the rule’s limits if the bank complies therefor in the rules issued) that notice to purchase and sell portfolio assets to with the limits or other revisions, and and public procedure thereon are maintain a STIF’s liquidity put pressure any applicable conditions, described in impracticable, unnecessary, or contrary on the bank’s ability to perform these the administrative order. to the public interest.’’ 10 functions. The OCC believes that the public In addition, the OCC’s STIF Rule III. Description of the Administrative Order interest is best served by implementing requires the STIF to be operated the interim final rule immediately upon pursuant to a written, board-approved Concurrently with the OCC’s issuance publication in the Federal Register. The plan that requires the fund to maintain of this interim final rule, the OCC is spread of the COVID–19 virus has a dollar-weighted average portfolio issuing an administrative order slowed economic activity in many maturity of 60 days or less and a dollar- pursuant to provisions of the interim countries, including the United States, weighted average portfolio life maturity final rule. and have put increasing liquidity of 120 days or less, as determined in the The order states that banks seeking to pressure on the markets in which STIFs same manner as is required by the comply with the requirements of section buy and sell their portfolio assets. These Securities and Exchange Commission 9.18(b)(4)(iii)(B) will be deemed to be in market conditions make it unusually pursuant to Rule 2a–7 for money market compliance with that section, if (1) the difficult for banks to operate STIFs on mutual funds (17 CFR 270.2a–7). The STIF maintains a dollar-weighted a current basis in compliance with the OCC is concerned that the current average portfolio maturity of 120 days or maturity limits of the OCC STIF Rule. market-wide liquidity disturbances may less, and (2) the STIF maintains a dollar- For these reasons, the OCC finds that put pressure on bank management’s weighted average portfolio life maturity there is good cause consistent with the ability to comply with these maturity of 180 days or less. Consistent with the public interest to issue the rule without limits. terms of section 9.18(b)(4)(iii)(B), both advance notice and comment.11 II. Description of the Interim Final Rule maturities must be determined in the The APA also requires a 30-day same manner as is required by the delayed effective date, except for (1) The OCC is amending the OCC STIF Securities and Exchange Commission Rule to add a reservation of authority substantive rules which grant or pursuant to Rule 2a–7 for money market recognize an exemption or relieve a provision addressing the rule’s limits on mutual funds (17 CFR 270.2a–7). weighted average portfolio maturity, restriction; (2) interpretative rules and The relief provided by the OCC’s statements of policy; or (3) as otherwise weighted average portfolio life maturity, order terminates on July 20, 2020, and the method for determining those provided by the agency for good unless the OCC revises the order to 12 limits. The OCC believes that the cause. Because the interim final rule provide otherwise before that date. The relieve a restriction, it is exempt from temporary nature of the need for relief, OCC will monitor market conditions and the uncertainty associated with the APA’s delayed effective date during this period to assess whether 13 future market conditions, counsel the requirement. extensions beyond that date are While the OCC believes that there is OCC’s use of a flexible method of necessary and appropriate. administering relief from the limits, good cause to issue the rule without The order also states the bank must advance notice and comment and with rather than a direct rule amendment to determine it is acting in the best the limits themselves. In designing the an immediate effective date, the interests of the STIF under applicable agencies are interested in the views of proposed rule, the OCC is also mindful law in connection with using these that banks other than national banks the public and requests comment on all temporary limits. This determination aspects of the interim final rule. supervised and regulated by the OCC may be made under the bank’s standard also operate their STIFs under procedures for making determinations B. Congressional Review Act applicable legal requirements that cross- in regards to the best interests of its For purposes of Congressional Review reference the OCC STIF Rule. The OCC collective investment funds.8 In Act, the OMB makes a determination as believes it is important to include a addition, the order states the bank must mechanism in the reservation of make any necessary amendments to the 9 5 U.S.C. 553. authority that provides these banks 10 5 U.S.C. 553(b)(3)(A). access to public information about the 8 For national banks and federal savings 11 5 U.S.C. 553(b)(B); 553(d)(3). associations, see, e.g. 12 CFR 9.11 and 9.18(a); see 12 5 U.S.C. 553(d). 7 12 CFR 9.18(b)(4)(iii)(F), (H). also 12 CFR 9.2(b). 13 5 U.S.C. 553(d)(1).

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to whether a final rule constitutes a whether the rules it proposes will have F. Use of Plain Language 14 ‘‘major’’ rule. If a rule is deemed a a significant economic impact on a Section 722 of the Gramm-Leach- ‘‘major rule’’ by the Office of substantial number of small entities.19 Bliley Act 22 requires the Federal Management and Budget (OMB), the The RFA applies only to rules for which banking agencies to use plain language Congressional Review Act generally an agency publishes a general notice of in all proposed and final rules provides that the rule may not take proposed rulemaking pursuant to 5 published after January 1, 2000. The effect until at least 60 days following its U.S.C. 553(b). As discussed previously, OCC has sought to present the interim 15 publication. consistent with section 553(b)(B) of the final rule in a simple and The Congressional Review Act defines APA, the OCC has determined for good straightforward manner. The OCC a ‘‘major rule’’ as any rule that the cause that general notice and invites comments on whether there are Administrator of the Office of opportunity for public comment is additional steps it could take to make Information and Regulatory Affairs of unnecessary, and therefore the OCC is the rule easier to understand. For the OMB finds has resulted in or is not issuing a notice of proposed example: likely to result in (A) an annual effect rulemaking. Accordingly, the OCC has • Have the OCC organized the on the economy of $100,000,000 or concluded that the RFA’s requirements material to suit your needs? If not, how more; (B) a major increase in costs or relating to initial and final regulatory could this material be better organized? prices for consumers, individual flexibility analysis do not apply. • Are the requirements in the industries, Federal, State, or local Nevertheless, the OCC seeks comment regulation clearly stated? If not, how government agencies or geographic could the regulation be more clearly regions, or (C) significant adverse effects on whether, and the extent to which, the interim final rule would affect a stated? on competition, employment, • Does the regulation contain significant number of small entities. investment, productivity, innovation, or language or jargon that is not clear? If on the ability of United States-based E. Riegle Community Development and so, which language requires enterprises to compete with foreign- Regulatory Improvement Act of 1994 clarification? based enterprises in domestic and • Would a different format (grouping export markets.16 Pursuant to section 302(a) of the and order of sections, use of headings, For the same reasons set forth above, Riegle Community Development and paragraphing) make the regulation the OCC is adopting the interim final Regulatory Improvement Act easier to understand? If so, what rule without the delayed effective date (RCDRIA),20 in determining the effective changes to the format would make the generally prescribed under the date and administrative compliance regulation easier to understand? What Congressional Review Act. The delayed requirements for new regulations that else could we do to make the regulation effective date required by the impose additional reporting, disclosure, easier to understand? Congressional Review Act does not or other requirements on insured G. Unfunded Mandates apply to any rule for which an agency depository institutions (IDIs), each for good cause finds (and incorporates Federal banking agency must consider, As a general matter, the Unfunded the finding and a brief statement of consistent with the principle of safety Mandates Act of 1995 (UMRA), 2 U.S.C. reasons therefor in the rule issued) that and soundness and the public interest, 1531 et seq., requires the preparation of notice and public procedure thereon are any administrative burdens that such a budgetary impact statement before impracticable, unnecessary, or contrary regulations would place on depository promulgating a rule that includes a to the public interest.17 In light of institutions, including small depository Federal mandate that may result in the current market uncertainty, the OCC institutions, and customers of expenditure by State, local, and tribal believes that delaying the effective date depository institutions, as well as the governments, in the aggregate, or by the of the rule would be contrary to the benefits of such regulations. In addition, private sector, of $100 million or more public interest. in any one year. However, the UMRA As required by the Congressional section 302(b) of RCDRIA requires new regulations and amendments to does not apply to final rules for which Review Act, the OCC will submit the a general notice of proposed rulemaking final rule and other appropriate reports regulations that impose additional reporting, disclosures, or other new was not published. See 2 U.S.C. 1532(a). to Congress and the Government Therefore, because the OCC has found Accountability Office for review. requirements on IDIs generally to take effect on the first day of a calendar good cause to dispense with notice and C. Paperwork Reduction Act quarter that begins on or after the date comment for this interim final rule, the The Paperwork Reduction Act of 1995 on which the regulations are published OCC has not prepared an economic (44 U.S.C. 3501–3521) (PRA) states that in final form, with certain exceptions, analysis of the rule under the UMRA. no agency may conduct or sponsor, nor including for good cause.21 For the List of Subjects in 12 CFR Part 9 reasons described above, the OCC finds is the respondent required to respond Estates, Investments, National banks, to, an information collection unless it good cause exists under section 302 of Reporting and recordkeeping displays a currently valid OMB control RCDRIA to publish this interim final requirements, Trusts and trustees. number. The interim final rule contains rule with an immediate effective date. For the reasons set forth in the no collection of information under the As such, the final rule will be PRA. preamble, chapter I of title 12 of the effective immediately. Nevertheless, the Code of Federal Regulations is amended D. Regulatory Flexibility Act OCC seeks comment on RCDRIA. as follows: The Regulatory Flexibility Act 19 (RFA) 18 requires an agency to consider Under regulations issued by the Small Business PART 9—FIDUCIARY ACTIVITIES OF Administration, a small entity includes a depository NATIONAL BANKS institution, bank holding company, or savings and 14 5 U.S.C. 801 et seq. loan holding company with total assets of $600 ■ 15 5 U.S.C. 801(a)(3). million or less and trust companies with total assets 1. The authority citation for part 9 16 5 U.S.C. 804(2). of $41.5 million or less. See 13 CFR 121.201. continues to read as follows: 17 5 U.S.C. 808. 20 12 U.S.C. 4802(a). 18 5 U.S.C. 601 et seq. 21 12 U.S.C. 4802. 22 12 U.S.C. 4809.

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Authority: 12 U.S.C. 24(Seventh), 92a, and compared to the state of technology Safety Section, AIR–675, Transport 93a; 12 U.S.C. 78q, 78q–1, and 78w. envisioned in the airworthiness Standards Branch, Policy and ■ 2. Section 9.18 is amended by adding standards for transport category Innovation Division, Aircraft paragraph (b)(4)(iv) to read as follows: airplanes. This design feature is a lower Certification Service, Federal Aviation lobe crew rest (LLCR) compartment Administration, 2200 South 216th § 9.18 Collective investment funds. located under the passenger cabin floor Street, Des Moines, Washington 98198; * * * * * of the Boeing Model 777–300ER series telephone and fax 206–231–3209; email (b) * * * airplane. The applicable airworthiness [email protected]. (4) * * * regulations do not contain adequate or SUPPLEMENTARY INFORMATION: The (iv) Reservation of authority. appropriate safety standards for this substance of these special conditions Notwithstanding paragraph (b)(4)(iii)(B) design feature. These special conditions previously has been published in the of this section, during periods of market contain the additional safety standards Federal Register for public comment. stress negatively affecting, on a that the Administrator considers These special conditions have been temporary basis, the ability of banks to necessary to establish a level of safety derived without substantive change operate STIFs in compliance with the equivalent to that established by the from those previously issued. It is requirements of the paragraph: existing airworthiness standards. unlikely that prior public comment (A) The OCC may issue an DATES: This action is effective on GDC would result in a significant change administrative order specifying, for Technics on March 25, 2020. Send from the substance contained herein. purposes of paragraph (b)(4)(iii)(B) of comments on or before May 11, 2020. Therefore, the FAA has determined that this section, temporary revisions to the ADDRESSES: Send comments identified prior public notice and comment are length of the dollar-weighted average by Docket No. FAA–2020–0223 using unnecessary, and finds that, for the portfolio maturity requirement, the any of the following methods: same reason, good cause exists for length of dollar-weighted average • Federal eRegulations Portal: Go to adopting these special conditions upon portfolio life maturity, and the manner http://www.regulations.gov/ and follow publication in the Federal Register. of determining such limits; the online instructions for sending your Comments Invited (B) A bank seeking to comply with comments electronically. paragraph (b)(4)(iii)(B) will be deemed • Mail: Send comments to Docket The FAA invites interested people to to be in compliance with that Operations, M–30, U.S. Department of take part in this rulemaking by sending paragraph’s requirements by complying Transportation (DOT), 1200 New Jersey written comments, data, or views. The with the limits or other revisions, and Avenue SE, Room W12–140, West most helpful comments reference a any applicable conditions, described in Building Ground Floor, Washington, DC specific portion of the special the administrative order; and 20590–0001. conditions, explain the reason for any (C) The OCC will publish the • Hand Delivery or Courier: Take recommended change, and include administrative order on www.occ.gov comments to Docket Operations in supporting data. and through other methods, as Room W12–140 of the West Building The FAA will consider all comments appropriate. Ground Floor at 1200 New Jersey received by the closing date for * * * * * Avenue SE, Washington, DC, between 9 comments. The FAA may change these Dated: March 21, 2020. a.m. and 5 p.m., Monday through special conditions based on the Morris R. Morgan, Friday, except Federal holidays. comments received. • Fax: Fax comments to Docket First Deputy Comptroller, Comptroller of the Background Currency. Operations at 202–493–2251. Privacy: The FAA will post all On April 25, 2016, GDC Technics [FR Doc. 2020–06293 Filed 3–23–20; 11:15 am] comments it receives, without change, applied for a supplemental type BILLING CODE 4810–01–P to http://www.regulations.gov/, certificate for a LLCR compartment in including any personal information the the Boeing Model 777–300ER series commenter provides. Using the search airplane. The Boeing Model 777–300ER DEPARTMENT OF TRANSPORTATION function of the docket website, anyone series airplane is a twin-engine, Federal Aviation Administration can find and read the electronic form of transport category airplane, with all comments received into any FAA capacity for 550 passengers, and a 14 CFR Part 25 docket, including the name of the maximum takeoff weight of 775,000 individual sending the comment (or pounds. [Docket No. FAA–2020–0223; Special signing the comment for an association, The LLCR is located under the Conditions No. 25–768–SC] business, labor union, etc.). DOT’s passenger cabin floor in the aft cargo complete Privacy Act Statement can be compartment of Boeing Model 777– Special Conditions: GDC Technics, found in the Federal Register published 300ER series airplanes. Occupancy for Boeing Model 777–300ER Series on April 11, 2000 (65 FR 19477–19478). the LLCR compartment is limited to a Airplane; Lower Lobe Crew Rest Docket: Background documents or maximum of six (6) occupants. The Compartment comments received may be read at LLCR will only be occupied in flight, AGENCY: Federal Aviation http://www.regulations.gov/ at any time. i.e., not during taxi, takeoff, or landing. Administration (FAA), DOT. Follow the online instructions for Six berths are able to withstand the accessing the docket or go to Docket ACTION: Final special conditions; request maximum flight loads when the LLCR for comments. Operations in Room W12–140 of the compartment is at maximum capacity. West Building Ground Floor at 1200 New components for smoke detection SUMMARY: These special conditions are New Jersey Avenue SE, Washington, system, oxygen system, emergency issued for the Boeing Model 777–300ER DC, between 9 a.m. and 5 p.m., Monday lighting system and manual firefighting series airplane. This airplane, as through Friday, except Federal holidays. system (fire extinguisher) will be modified by GDC Technics, will have a FOR FURTHER INFORMATION CONTACT: installed and integrated into existing novel or unusual design feature when Shannon Lennon, Airframe and Cabin systems.

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Main access to the LLCR compartment compartment is novel in that it will be ‘‘Novel or Unusual Design Features’’ is gained via fixed stairs through a hatch located below the passenger cabin floor section, may require additional special in the floor of the main deck. The hatch in the aft cargo compartment of the conditions to be considered. A hot water is hidden from cabin passengers by a Boeing Model 777–300ER series heater is acceptable without need for full size cabinet. Secondary emergency airplane. Due to the novel or unusual special conditions. egress is provided via an additional features associated with the installation Finally, amendment 25–38 modified hatch located forward of the main of a LLCR compartment, special the requirements of § 25.1439(a) by entrance. conditions are considered necessary to adding, ‘‘In addition, protective provide a level of safety equal to that Type Certification Basis breathing equipment must be installed established by the airworthiness in each isolated separate compartment Under the provisions of title 14, Code regulations incorporated by reference in in the airplane, including upper and of Federal Regulations (14 CFR) 21.101, the type certificates of these airplanes, lower lobe galleys, in which GDC Technics must show that the as applicable airworthiness regulations crewmember occupancy is permitted Boeing Model 777–300ER series do not contain adequate or appropriate during flight for the maximum number airplane, as changed, continues to meet safety standards for this design feature. of crewmembers expected to be in the the applicable provisions of the Most of these special conditions come area during any operation.’’ The LLCR regulations listed in Type Certificate No. from § 25.819, but more stringent compartment is an isolated separate T00001SE, or the applicable regulations standards for fire protection and compartment, so § 25.1439(a) is in effect on the date of application for emergency egress are required because applicable. However, the § 25.1439(a) the change, except for earlier of design features and location of the protective breathing equipment (PBE) amendments as agreed upon by the LLCR compartment. The applicant requirements for isolated separate FAA. should note that the FAA considers compartments are not appropriate If the Administrator finds that the smoke or fire detection and fire because the LLCR compartment is novel applicable airworthiness regulations suppression systems (including airflow or unusual in terms of the number of (e.g., 14 CFR part 25) do not contain management features that prevent occupants. adequate or appropriate safety standards hazardous quantities of smoke or fire In 1976, when amendment 25–38 was for the Boeing Model 777–300ER series extinguishing agent from entering any adopted, small galleys were the only other compartment occupied by airplane because of a novel or unusual isolated compartments that had been crewmembers or passengers) for crew design feature, special conditions are certificated. Two crewmembers were the rest compartments complex in terms of prescribed under the provisions of maximum expected to occupy those paragraph 6d of Advisory Circular (AC) § 21.16. galleys. Special conditions are initially 25.1309–1A, ‘‘System Design and This crew rest compartment can applicable to the model for which they Analysis,’’ dated June 21, 1988. In accommodate up to six crewmembers. are issued. Should the applicant apply addition, the FAA considers failure of This large number of occupants in an for a supplemental type certificate to the crew rest compartment fire isolated compartment was not modify any other model included on the protection system (i.e., smoke or fire envisioned at the time amendment 25– same type certificate to incorporate the detection and fire suppression systems), 38 was adopted. It is not appropriate for same novel or unusual design feature, in conjunction with a crew rest fire, to all occupants to don PBEs in the event these special conditions would also be a catastrophic event. Based on the of a fire because the first action should apply to the other model under § 21.101. ‘‘Depth of Analysis Flowchart’’ shown be to leave the confined space unless In addition to the applicable in figure 2 of AC 25.1309–1A, the depth the occupant is fighting the fire. Taking airworthiness regulations and special of analysis should include both the time to don the PBE would prolong conditions, the Boeing Model 777– qualitative and quantitative the time for the emergency evacuation 300ER series airplane must comply with assessments. Refer to paragraphs 8d, 9, of the occupants and possibly interfere the fuel vent and exhaust emission and 10 of AC 25.1309–1A. Note that with efforts to extinguish the fire. These requirements of 14 CFR part 34, and the flammable fluids, explosives, or other special conditions therefore provide noise certification requirements of 14 dangerous cargo are prohibited from procedures that establish a level of CFR part 36. being carried in the crew rest areas. The FAA issues special conditions, as The requirements to enable safety equivalent to the PBE defined in 14 CFR 11.19, in accordance crewmembers’ quick entry to the crew requirements. with § 11.38, and they become part of rest compartment, and to locate a fire Operational Evaluations and Approval the type certification basis under source, inherently places limits on the § 21.101. amount of baggage that may be carried These special conditions outline and the size of the crew rest area. The requirements for flightcrew and cabin Novel or Unusual Design Features FAA considers that the crew rest area crew rest compartment design approvals The Boeing Model 777–300ER series must be limited to the stowage of crew (e.g., type design change or airplane will incorporate the following personal luggage and must not be used supplemental type certificate) novel or unusual design features: for the stowage of cargo or passenger administered by the FAA’s Aircraft A LLCR compartment located under baggage. The design of such a system to Certification Service. Prior to the passenger cabin floor of the Boeing include cargo or passenger baggage operational use of a flight (cabin) crew Model 777–300ER series airplane. would require additional requirements rest compartment, the FAA’s Flight to ensure safe operation. Standards Service must evaluate the Discussion Furthermore, the addition of galley flight (cabin) crew sleeping quarters and While the installation of a crew rest equipment or a kitchenette rest facilities for operational suitability. compartment is not a new concept for incorporating a heat source (e.g., cook Refer to §§ 91.1061(b)(1), 121.485(a), large transport category airplanes, each tops, microwaves, coffee pots, etc.), 121.523(b), and 135.269(b)(5). crew rest compartment has unique other than a conventional lavatory or Compliance with these special features based on design, location, and kitchenette hot water heater within the conditions does not ensure that the use on the airplane. The LLCR LLCR compartment as defined in the applicant has demonstrated compliance

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with the requirements of 14 CFR part feature, these special conditions would compartment and the passenger cabin to 91, 121, or 135. apply to that model as well. be capable of being quickly opened from inside the compartment, even when To obtain an operational evaluation, Conclusion the type design holder must contact the crowding occurs at each side of the appropriate Aircraft Evaluation Group This action affects only a certain door. (AEG) in the Flight Standards Service novel or unusual design feature on one e. For all doors installed in the and request an evaluation for model series of airplanes, as modified evacuation routes, there must be a operational suitability of the flightcrew by GDC Technics. It is not a rule of means to preclude anyone from being sleeping quarters in their crew rest general applicability and affects only trapped inside a compartment. If a facility. Results of these evaluations the applicant who applied to the FAA locking mechanism is installed, it must should be documented and appended to for approval of these features on the be capable of being unlocked from the the applicable Flight Standardization airplane. outside without the aid of special tools. Board Report. Individual operators may List of Subjects in 14 CFR Part 25 The lock must not prevent opening from reference these standardized evaluations the inside of the compartment at any Aircraft, Aviation safety, Reporting in discussions with their FAA Principal time. and recordkeeping requirements. Operating Inspector as the basis for an 2. There must be at least two operational approval, in lieu of an on- Authority Citation emergency evacuation routes, which site operational evaluation. could be used by each occupant of the The authority citation for these LLCR compartment to rapidly evacuate Any changes to the approved flight special conditions is as follows: (cabin) crew rest compartment to the main cabin and could be closed Authority: 49 U.S.C. 106(f), 106(g), 40113, configuration that affect crewmember from the main passenger cabin after 44701, 44702, 44704. evacuation. emergency egress, or any other a. The routes must be located with procedures affecting the safety of the The Special Conditions one at each end of the LLCR occupying crewmembers and related Accordingly, pursuant to the compartment, or with two having training requires a re-evaluation and authority delegated to me by the sufficient separation within the LLCR approval. In the event of any design Administrator, the following special compartment and between the routes to change that affects egress, safety conditions are issued as part of the type minimize the possibility of an event procedures, or training, the applicant is certification basis for Boeing Model (either inside or outside of the LLCR responsible for notifying the FAA’s AEG 777–300ER series airplanes, as modified compartment) rendering both routes that a new crew rest facility evaluation by GDC Technics. inoperative. is required. 1. Occupancy of the LLCR b. The routes must be designed to All instructions for continued compartment is limited to the total minimize the possibility of blockage, airworthiness (ICAs) will be submitted number of installed bunks and seats in which might result from fire, to the Seattle AEG for approval each compartment. For each occupant mechanical or structural failure, or from acceptance, including service bulletins, permitted in the LLCR compartment, persons standing on top of or against the before issuance of the FAA modification there must be an approved seat or berth escape route. If an evacuation route approval. able to withstand the maximum flight utilizes an area where normal These special conditions are similar loads when occupied. The maximum movement of passengers occurs, it must to Special Conditions No. 25–752–SC, occupancy in the LLCR compartment is be demonstrated that passengers would except the maximum occupancy is 6 six (6). not impede egress to the main deck. If rather than 10 occupants, and the a. There must be appropriate placards a hatch is installed in an evacuation supplemental oxygen requirements have displayed in a conspicuous place at route, the point at which the evacuation been expanded to include destination each entrance to the LLCR compartment route terminates in the passenger cabin areas. The conditions provide an indicating the following information: should not be located where normal appropriate level of safety for the (1) The maximum number of movement by passengers or crew occupancy limit as only the size of the occupants allowed; occurs, such as in a main aisle, cross (2) That occupancy is restricted to compartment volume will change to aisle, passageway, or galley complex. If crewmembers who are trained in the accommodate the occupants, but all such a location cannot be avoided, evacuation procedures for the LLCR other requirements for safety, fire compartment; special consideration must be taken to suppression, and emergency evacuation (3) That occupancy is prohibited ensure that the hatch or door can be will remain the same. during taxi, take-off, and landing; opened when a person who is the These special conditions contain the (4) That smoking is prohibited in the weight of a 95th percentile male is additional safety standards that the LLCR compartment; and standing on the hatch or door. The use Administrator considers necessary to (5) That the LLCR compartment is of evacuation routes must not be establish a level of safety equivalent to limited to the stowage of personal dependent on any powered device. If that established by the existing luggage of crewmembers and must not there is low headroom at or near an airworthiness standards. be used for the stowage of cargo or evacuation route, provision must be made to prevent or to protect occupants Applicability passenger baggage. b. There must be at least one ashtray of the LLCR compartment from head As discussed above, these special located conspicuously on or near the injury. conditions are applicable to the Boeing entry side of any entrance to the LLCR c. Emergency evacuation procedures, Model 777–300ER series airplane, as compartment. including the emergency evacuation of modified by GDC Technics. Should GDC c. There must be a means to prevent an incapacitated crewmember from the Technics apply at a later date for a passengers from entering the LLCR LLCR compartment, must be supplemental type certificate to modify compartment in an emergency or when established. All of these procedures any other model included on Type no flight attendant is present. must be transmitted to the operator for Certificate No. T00001SE to incorporate d. There must be a means for any door incorporation into its training programs the same novel or unusual design installed between the LLCR and appropriate operational manuals.

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d. There must be a limitation in the independent of the power supply to the there must be a placard identifying the Airplane Flight Manual or other suitable main lighting system. head position. means requiring that crewmembers be c. The illumination level must be 9. To provide a level of safety trained in the use of evacuation routes. sufficient for the occupants of the LLCR equivalent to that provided to occupants 3. There must be a means for the compartment to locate and transfer to of a small isolated galley—in lieu of the evacuation of an incapacitated person the main passenger cabin floor by means requirements specified in § 25.1439(a) at (representative of a 95th percentile of each evacuation route. amendment 25–38 that pertain to male) from the LLCR compartment to d. The illumination level must be isolated compartments—the following the passenger cabin floor. sufficient to locate a deployed oxygen equipment must be provided in the a. The evacuation must be mask with the privacy curtains in the LLCR compartment: demonstrated for all evacuation routes. closed position for each occupant of the a. At least one approved hand-held A flight attendant or crew member (a LLCR compartment. fire extinguisher appropriate for the total of one assistant within the LLCR 6. There must be means for two-way kinds of fires likely to occur; compartment) may provide assistance in voice communications between b. Two portable PBE units approved the evacuation. Up to three persons in crewmembers on the flightdeck and to Technical Standard Order (TSO)– the main passenger compartment may crewmembers in the LLCR C116 or equivalent, which are suitable provide additional assistance. compartment. Section 25.785(h) for firefighting or one PBE for each b. For evacuation routes having requires flight attendant seats near hand-held fire extinguisher, whichever stairways, the additional assistants may required floor level emergency exits. is greater; and descend down to one-half the elevation Each such exit seat on the aircraft must c. One flashlight. change from the main deck to the LLCR have a public address microphone that Note: Additional PBEs and fire compartment, or to the first landing, allows two-way voice communications extinguishers in specific locations, beyond whichever is higher. between flight attendants and the minimum numbers prescribed in 4. The following signs and placards crewmembers in the LLCR condition 9, may be required as a result of must be provided in the LLCR compartment. One microphone may any egress analysis accomplished to satisfy compartment: serve more than one such exit seat, condition 2(a). a. At least one exit sign, which meets provided the proximity of the exits 10. A smoke-or-fire detection system the requirements of § 25.812(b)(1)(i) allows unassisted verbal or systems must be provided that must be located near each exit. communications between seated flight monitors each occupiable area within However, a sign with reduced attendants. the LLCR compartment, including those background area of no less than 5.3 7. There must be a means for manual areas partitioned by curtains. Flight square inches (excluding the letters) activation of an aural emergency alarm tests must be conducted to show may be utilized, provided that it is system, audible during normal and compliance with this requirement. Each installed such that the material emergency conditions, to enable smoke-or-fire detection system must surrounding the exit sign is light in crewmembers on the flightdeck and at provide the following: color (e.g., white, cream, light beige). If each pair of required floor-level a. A visual indication to the flightdeck the material surrounding the exit sign is emergency exits to alert crewmembers within one minute after the start of a not light in color, a sign with a in the LLCR compartment of an fire; minimum of a one-inch-wide emergency. Use of a public address or b. An aural warning in the LLCR background border around the letters crew interphone system will be compartment; and would also be acceptable. acceptable, provided an adequate means c. A warning in the main passenger b. An appropriate placard that defines of differentiating between normal and cabin. This warning must be readily the location and the operating emergency communications is detectable by a flight attendant, taking instructions for each evacuation route incorporated. The system must be into consideration the positioning of must be located near each exit; powered in flight for at least ten flight attendants throughout the main c. Placards must be readable from a minutes after the shutdown or failure of passenger compartment during various distance of 30 inches under emergency all engines and auxiliary power units phases of flight. lighting conditions; and (APU), or the disconnection or failure of 11. The LLCR compartment must be d. The exit handles and the placards all power sources which are dependent designed such that fires within it can be with the evacuation path operating on the continued operation of the controlled without a crewmember instructions must be illuminated to at engines and APUs. having to enter the compartment, or be least 160 micro lamberts under 8. There must be a means—readily designed such that crewmembers emergency lighting conditions. detectable by seated or standing equipped for firefighting have 5. There must be a means for occupants of the LLCR compartment— unrestricted access to the compartment. emergency illumination to be which indicates when seat belts should The time for a crewmember on the main automatically provided for the LLCR be fastened. If there are no seats, at least deck to react to the fire alarm, to don the compartment in the event of failure of one means, such as sufficient firefighting equipment, and to gain the main power system of the airplane, handholds, must be provided to cover access must not exceed the time for the or of the normal lighting system of the anticipated turbulence. Seat-belt-type compartment to become smoke-filled, LLCR compartment. restraints must be provided for berths making it difficult to locate the source a. This emergency illumination must and must be compatible for the sleeping of the fire. be independent of the main lighting attitude during cruise conditions. There 12. There must be a means provided system. must be a placard on each berth to exclude hazardous quantities of b. The sources of general cabin requiring that seat belts must be smoke or extinguishing agent illumination may be common to both fastened when the berth is occupied. If originating in the LLCR compartment the emergency and the main lighting compliance with any of the other from entering any other compartment systems, if the power supply to the requirements of these special conditions occupied by crewmembers or emergency lighting system is is predicated on specific head location, passengers. This means must include

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the time periods during the evacuation programs and appropriate operational considered. A secondary evacuation of the LLCR compartment and, if manuals. route from a small room designed for applicable, when accessing the LLCR 14. The following requirements apply only one occupant for a short period of compartment to manually fight a fire. to LLCR compartments that are divided time, such as a changing area or Smoke entering any other compartment into several sections by the installation lavatory, is not required. However, occupied by crewmembers or of curtains or doors: removal of an incapacitated occupant passengers when the LLCR a. To warn crewmembers who may be from this area must be considered. compartment is opened during an sleeping, there must be an aural alert (2) Any door between the sections emergency evacuation must dissipate that accompanies automatic must be shown to be openable when within five minutes after the LLCR presentation of supplemental oxygen crowded against, even when crowding compartment is closed. Hazardous masks. The alert must be audible in occurs at each side of the door. quantities of smoke may not enter any each section of the LLCR compartment. (3) There may be no more than one other compartment occupied by A visual indicator that occupants must door between any seat or berth and the crewmembers or passengers during don an oxygen mask is required in each primary stairway exit. section where seats or berths are not (4) There must be exit signs in each subsequent access to manually fight a installed. A minimum of two section meeting the requirements of fire in the LLCR compartment. (The supplemental oxygen masks are § 25.812(b)(1)(i), that direct occupants to amount of smoke entrained by a required for each seat or berth. There the primary stairway exit. An exit sign firefighter exiting the LLCR must also be a means to manually with reduced background area, as compartment through the access is not deploy the oxygen masks from the described in condition 4(a), may be used considered hazardous.) During the one- flightdeck. to meet this requirement. minute smoke detection time, b. A placard is required adjacent to (5) Condition 5 (emergency penetration of a small quantity of smoke each curtain that visually divides or illumination), 7 (aural emergency from the LLCR compartment into an separates the LLCR compartment into alarm), 8 (fasten seat belt signal or occupied area is acceptable. Flight tests small sections for privacy purposes. The return to seat signal as applicable) and must be conducted to show compliance placard must indicate that the curtain is 10 (smoke and fire detection) must be with this requirement. If a built-in fire to remain open when the private section met both with the door open and the suppression system is used in lieu of it creates is unoccupied. door closed. manual firefighting, the fire suppression c. For each section of the LLCR (6) Condition 6 (two-way voice system must be designed so that no compartment created by the installation communication) and 9 (PBE and other hazardous quantities of extinguishing of a curtain, the following requirements equipment) must be met independently agent will enter other compartments of these special conditions must be met for each separate section, except in occupied by passengers or with the curtain open and with the lavatories or other small areas that are crewmembers. The system must have curtain closed: not intended to be occupied for adequate capacity to suppress any fire (1) Emergency illumination (condition extended periods of time. occurring in the LLCR compartment, 5); 15. Where a waste disposal receptacle considering the fire threat, the volume (2) Aural emergency alarm (condition is fitted, it must be equipped with a of the compartment, and the ventilation 7); built-in fire extinguisher designed to rate. (3) Fasten-seat-belt signal or return-to- discharge automatically upon seat signal as applicable (condition 8); 13. For each seat and berth in the occurrence of a fire in the receptacle. and 16. Materials, including finishes or LLCR compartment, there must be a (4) Smoke or fire detection system decorative surfaces applied to the supplemental oxygen system equivalent (condition 10). materials, must comply with the to that provided for main deck d. Crew rest compartments visually flammability standards of § 25.853(a). passengers. If a destination area (such as divided to the extent that evacuation Mattresses must comply with the a changing area) is provided, there must could be affected must have exit signs flammability standards of § 25.853(c). be an oxygen mask readily available for that direct occupants to the primary 17. A lavatory within the LLCR each occupant who can reasonably be stairway exit. The exit signs must be compartment must meet the same expected to be in the destination area provided in each separate section of the requirements as a lavatory installed on (with the maximum number of required LLCR compartment, and must meet the the main deck, except with regard masks within the destination area being requirements of § 25.812(b)(1)(i). An exit condition 10 for smoke detection. limited to the placarded maximum sign with reduced background area as 18. When a LLCR compartment is occupancy of the designation area). The described in condition 4(a) may be used installed or enclosed as a removable system must provide an aural and visual to meet this requirement. module in part of a cargo compartment, warning to alert the occupants of the e. For sections within an LLCR or is located directly adjacent to a cargo LLCR compartment of the need to don compartment that are created by the compartment without an intervening oxygen masks in the event of installation of a partition with a door cargo compartment wall, the following decompression. The warning must separating the sections, the following conditions apply: activate before the cabin pressure requirements of these special conditions a. Any wall of the LLCR compartment, altitude exceeds 15,000 feet. The aural must be met with the door open and which forms part of the boundary of the warning must sound continuously for a with the door closed: reduced cargo compartment and is minimum of five minutes or until a reset (1) There must be a secondary subject to direct flame impingement push button in the LLCR compartment evacuation route from each section to from a fire in the cargo compartment is depressed. Procedures for the main deck, or it must be shown that and any interface item between the crewmembers in the LLCR compartment any door between the sections has been LLCR compartment and the airplane to follow in the event of decompression designed to preclude anyone from being structure or systems, must meet the must be established. These procedures trapped inside the compartment. applicable requirements of § 25.855. must be transmitted to the operator for Removal of an incapacitated b. Means must be provided to ensure incorporation into their training crewmember from this area must be that the fire protection level of the cargo

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compartment meets the applicable 19. Means must be provided to table below, enclosed stowage requirements of §§ 25.855, 25.857, and prevent access into the Class C cargo compartments larger than 200 ft3 in 25.858 when the LLCR compartment is compartment—whether or not the LLCR interior volume are not addressed by not installed. is installed—during all airplane flight this special condition. The in-flight c. Use of each emergency evacuation operations and to ensure that the accessibility of very large enclosed maintenance door is closed and secured stowage compartments, and the route must not require occupants of the during all airplane flight operations. subsequent impact on the LLCR compartment to enter the cargo 20. All enclosed stowage crewmembers’ ability to effectively compartment to return to the passenger compartments within the LLCR reach any part of the compartment with compartment. compartment that are not limited to the contents of a hand fire extinguisher, d. The aural emergency alarm stowage of emergency equipment or will require additional fire protection specified in condition 7 must sound in airplane supplied equipment (i.e., considerations similar to those required the LLCR compartment in the event of bedding), must meet the design criteria for inaccessible compartments such as a fire in the cargo compartment. in the table below. As indicated in the Class C cargo compartments.

Stowage compartment interior volumes Fire protection features 25 ft3 to less than Less than 25 ft3 57 ft3 to 200 ft3 57 ft3

Materials of construction 1 ...... Yes ...... Yes ...... Yes. Detectors 2 ...... No ...... Yes ...... Yes. Liner 3 ...... No ...... No ...... Yes. Locating device 4 ...... No ...... Yes ...... Yes. 1 Material: The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet the flammability standards established for interior components per the requirements of § 25.853. For compartments less than 25 ft3 in interior volume, the design must ensure the ability to contain a fire likely to occur within the compartment under normal use. 2 Detectors: Enclosed stowage compartments equal to or exceeding 25 ft3 in interior volume must be provided with a smoke or fire detection system to ensure that a fire can be detected within a one-minute detection time. Flight tests must be conducted to show compliance with this re- quirement. Each system (or systems) must provide: a. A visual indication in the flightdeck within one minute after the start of a fire; b. An aural warning in the LLCR compartment; and c. A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the posi- tioning of flight attendants throughout the main passenger compartment during various phases of flight. 3 Liner: If it can be shown that the material used to construct the stowage compartment meets the flammability requirements of a liner for a Class B cargo compartment, no liner would be required for enclosed stowage compartments equal to or greater than 25 ft3 but less than 57 ft3 in interior volume. For all enclosed stowage compartments equal to or greater than 57 ft3 but less than or equal to 200 ft3 in interior volume, a liner must be provided that meets the requirements of § 25.855 for a Class B cargo compartment. 4 Location Detector: LLCR compartments which contain enclosed stowage compartments with an interior volume exceeding 25 ft3 and which are located away from one central location such as the entry to the LLCR compartment or a common area within the LLCR compartment would require additional fire protection features or devices to assist the firefighter in determining the location of a fire.

Issued in Des Moines, Washington, on SUMMARY: This action amends the Reauthorization Act of 2018, Public Law March 17, 2020. oxygen mask requirement for 115–254 (Oct. 5, 2018) (‘‘FAARA James E. Wilborn, circumstances in which a single pilot is 2018’’), which requires the FAA to issue Acting Manager, Transport Standards at the aircraft controls. This action a final regulation revising Branch, Policy and Innovation Division, applies to all certificate holders who § 121.333(c)(3) of title 14, Code of Aircraft Certification Service. conduct domestic, flag, and Federal Regulations (14 CFR), to apply [FR Doc. 2020–06025 Filed 3–24–20; 8:45 am] supplemental operations. This action only to flight altitudes above flight level BILLING CODE 4910–13–P responds to a statutory mandate that 410. Such an amendment would requires the FAA to increase the flight increase the flight level 1 threshold from level threshold at which the FAA DEPARTMENT OF TRANSPORTATION flight level 250 to flight level 410 (i.e., requires use of an oxygen mask by the a flight altitude of 41,000 feet), at which remaining pilot at the aircraft controls the FAA requires a pilot at the controls Federal Aviation Administration when the other pilot at the controls to put on and use the required oxygen leaves the control station. 14 CFR Part 121 mask while the other pilot leaves his or DATES: This final rule is effective on her control station. As a result, by this [Docket No.: FAA–2020–0289; Amdt. No. March 23, 2020. 121–383] action, the FAA amends 14 CFR FOR FURTHER INFORMATION CONTACT: 121.333(c)(3) to replace the current RIN 2120–AL62 Daniel T. Ronneberg, Part 121 Air flight altitude threshold of flight level Carrier Operations, Air Transportation 250 with flight level 410. Oxygen Mask Requirement: Division, Flight Standards Service, Supplemental Oxygen for Emergency Federal Aviation Administration, 800 Descent and for First Aid; Turbine Independence Avenue SW, Washington, Engine Powered Airplanes With DC 20591; telephone 202–267–1216; Pressurized Cabins 1 As further explained in Section III of this final email [email protected]. rule, the FAA defines ‘‘flight level’’ in 14 CFR 1.1 AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: as a level of constant atmospheric pressure related to a reference datum of 29.92 inches of mercury. Administration (FAA), Department of I. Executive Summary Flight levels are stated in three digits that represent Transportation (DOT). hundreds of feet. For example, flight level 250 This final rule addresses section 579 ACTION: Final rule. represents a barometric altimeter indication of of the Federal Aviation Administration 25,000 feet.

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II. Legal Authority and Good Cause unnecessary, or contrary to the public Pursuant to section 579 of FAARA interest.’’ 2018, this final rule amends 14 CFR A. Legal Authority In this instance, the FAA finds good 121.333(c)(3) to remove the current The FAA is responsible for the safety cause exists to forgo notice and flight altitude threshold of flight level of flight in the United States and for the comment because notice and comment 250 and replace it with a flight altitude safety of U.S. civil operators, U.S.- would be unnecessary, and contrary to threshold of flight level 410. registered civil aircraft, and U.S.- the public interest. The statute certificated airmen throughout the unambiguously requires replacing the IV. Discussion of the Final Rule world. The FAA Administrator’s flight altitude threshold of flight level As discussed above, this final rule authority to issue rules on aviation 250 with flight level 410. This mandated amends 14 CFR 121.333(c)(3) to remove safety is found in title 49, U.S. Code, amendment is specific, prescriptive, and the current flight altitude threshold of Subtitle I, sections 106(f) and (g). inflexible. It is a directive that leaves no flight level 250 and replace it with a Section 106(f) vests final authority in room for discretion or interpretation. flight altitude threshold of flight level the Administrator for carrying out all Because this rule implements a statutory 410. This change results in a functions, powers, and duties of the requirement without change, the FAA requirement that in domestic, flag, and administration relating to the lacks the discretion to make changes in supplemental operations, when only promulgation of regulations and rules. response to comments. Therefore, notice one pilot is at the flight controls, the Subtitle VII of title 49, Aviation and comment procedures are pilot remaining at his or her control Programs, describes in more detail the unnecessary and contrary to the public station must wear an oxygen mask if the scope of the agency’s authority. Section interest. aircraft is above flight level 410 and the 44701(a)(5) requires the Administrator Section 553(d)(1) also provides an other pilot has left his or her aircraft to promulgate regulations and minimum exception to the general requirement control station. standards for other practices, methods, that the required publication or service The FAA expects certificate holders’ and procedures that the Administrator of a substantive rule shall be made not implementation of this updated finds necessary for safety in air less than 30 days before its effective standard will be straightforward because commerce and national security. In date, where a substantive rule grants or it only increases the flight level addition, section 40101(d)(1) provides recognizes an exemption or relieves a threshold at which the pilot who that the Administrator shall consider in restriction. This rule is relieving in that remains at the appropriate control the public interest, among other matters, it provides for a higher threshold flight station must put on and use an oxygen assigning, maintaining, and enhancing level at which a remaining pilot would mask. Pilots may continue to use their safety and security as the highest be required to put on an oxygen mask. oxygen masks at lower flight levels, but priorities in air commerce. Further, Accordingly, the FAA finds good such use would not be required until section 44701(d)(1)(A) specifically states cause exists to forgo notice and the aircraft exceeds flight level 410. that the Administrator, when comment procedures, and to make this The FAA notes that certificate holders prescribing safety regulations, must rule immediately effective. generally review and update their manuals on a periodic basis, and that it consider the duty of an air carrier to III. Background provide service with the highest is likely that they will update any possible degree of safety in the public The FAA has long required certificate sections of their manuals concerning interest. In addition, section 579 of holders to furnish, and flight pilot oxygen requirements to address Public Law 115–254 (Oct. 5, 2018) crewmembers to put on and use, oxygen the new flight level threshold. requires this amendment, stating that masks during each domestic, flag, or Certificate holders also review training the Administrator of the FAA shall issue supplemental operation in which the programs on a periodic basis and might a final regulation revising certificate holder uses a turbine engine also update their flight crewmember § 121.333(c)(3) of title 14 CFR to apply powered airplane with a pressurized training programs to capture the new only to flight altitudes above flight level cabin. The FAA established these flight level standard. Because certificate 410. requirements to mitigate the risk of an holders would update their manuals This rulemaking is promulgated event of an in-flight cabin pressurization and training programs on a periodic pursuant to the authority described in failure. Under 14 CFR 121.385, the basis irrespective of this rule, the FAA the preceding paragraphs. These minimum pilot crew is two pilots for does not expect that implementation of authorities apply to the oversight the such operations. During such this rule, including any resulting FAA exercises to ensure safety of air operations, under the provisions of updates to the certificate holders’ carrier operations, including flight § 121.543, a pilot is allowed to leave the manuals or training programs, would crewmember supplemental oxygen flight controls under certain specified result in a burden to carriers. usage. circumstances. The FAA designed the requirement codified at § 121.333(c)(3) V. Regulatory Notices and Analyses B. Good Cause for Immediate Adoption to mitigate the risk of having a Changes to Federal regulations must and Basis for Immediate Effective Date pressurization or other oxygen failure undergo several economic analyses. The Administrative Procedure Act incident when only one pilot is at the First, Executive Orders 12866 and 13563 (APA), 5 U.S.C. 551 et seq., generally flight controls. The FAA requires that if direct that each Federal agency shall requires public notice and an the aircraft is above flight level 250, the propose or adopt a regulation only upon opportunity to comment before pilot remaining on the flight deck must a reasoned determination that the promulgating regulations. The APA put on and use the provided oxygen benefits of the intended regulation provides an exception to the notice and mask. This requirement ensures the justify its costs. Second, the Regulatory comment process in section remaining pilot is never without Flexibility Act of 1980 (Pub. L. 96–354), 553(b)(3)(B). That exception authorizes oxygen. Such a requirement is as codified in 5 U.S.C. 603 et seq., an agency to dispense with notice and particularly important because, in the requires agencies to analyze the comment rulemaking procedures when case of an emergency, the pilot would economic impact of regulatory changes the agency for ‘‘good cause’’ finds that have to initiate and accomplish multiple on small entities. Third, the Trade those procedures are ‘‘impracticable, tasks immediately. Agreements Act of 1979 (Pub. L. 96–39),

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as codified in 19 U.S.C. Chapter 13, references. As previously mentioned, of any Federal mandate in a proposed or prohibits agencies from setting petitioners have asserted that the more final agency rule that may result in an standards that create unnecessary limited use of oxygen masks below expenditure of $100 million or more (in obstacles to the foreign commerce of the flight level 410 would not adversely 1995 dollars) in any one year by State, United States. In developing U.S. affect safety because of the extremely local, and tribal governments, in the standards, the Trade Agreements Act low risk for depressurization at altitudes aggregate, or by the private sector; such requires agencies to consider above flight level 250. This rule only a mandate is deemed to be a ‘‘significant international standards and, where updates the text of § 121.333(c)(3) to regulatory action.’’ The FAA currently appropriate, that they be the basis of comply with the mandate at section 579 uses an inflation-adjusted value of $155 U.S. standards. Fourth, the Unfunded of FAARA 2018. The FAA finds this million in lieu of $100 million. Mandates Reform Act of 1995 (Pub. L. rule would have minimal costs. This final rule does not contain such 104–4), as codified in 2 U.S.C. Chapter B. Regulatory Flexibility Act a mandate. Therefore, the requirements 25, requires agencies to prepare a of Title II of the Act do not apply. written assessment of the costs, benefits, The Regulatory Flexibility Act (RFA), and other effects of proposed or final in 5 U.S.C. 603, requires an agency to E. Paperwork Reduction Act rules that include a Federal mandate prepare an initial regulatory flexibility likely to result in the expenditure by analysis describing impacts on small The Paperwork Reduction Act of 1995 State, local, or tribal governments, in the entities whenever an agency is required (44 U.S.C. 3507(d)) requires that the aggregate, or by the private sector, of by 5 U.S.C. 553, or any other law, to FAA consider the impact of paperwork $100 million or more annually (adjusted publish a general notice of proposed and other information collection for inflation with base year of 1995). rulemaking for any proposed rule. burdens imposed on the public. The This portion of the preamble Similarly, 5 U.S.C. 604 requires an FAA has determined there is no new summarizes the FAA’s analysis of the agency to prepare a final regulatory requirement for information collection economic impacts of this final rule. flexibility analysis when an agency associated with this final rule. In conducting these analyses, the FAA issues a final rule under 5 U.S.C. 553, F. International Compatibility and has determined this rule is not a after being required by that section or Cooperation significant regulatory action, as defined any other law to publish a general notice of proposed rulemaking. The in section 3(f) of Executive Order 12866. In keeping with U.S. obligations FAA found good cause exists to forgo As notice and comment under 5 U.S.C. under the Convention on International notice and comment and any delay in 553 are not required for this final rule, Civil Aviation, it is FAA’s policy to the effective date for this rule. As notice the regulatory flexibility analyses conform to International Civil Aviation and comment under 5 U.S.C. 553 are not described in 5 U.S.C. 603 and 604 Organization (ICAO) Standards and regarding impacts on small entities are required in this situation, the regulatory flexibility analyses described in 5 U.S.C. Recommended Practices to the not required. This rule will not create maximum extent practicable. unnecessary obstacles to the foreign 603 and 604 are similarly not required. commerce of the United States. This The FAA finds that this action is fully C. International Trade Impact consistent with the obligations under 49 rule will not impose an unfunded Assessment mandate on State, local, or tribal U.S.C. 40105(b)(1)(A) to ensure that the The Trade Agreements Act of 1979 governments, or on the private sector, FAA exercises its duties consistently (Pub. L. 96–39) prohibits Federal by exceeding the threshold identified with the obligations of the United States agencies from establishing standards or previously. under international agreements. engaging in related activities that create The FAA has reviewed the relevant unnecessary obstacles to the foreign A. Regulatory Evaluation standards of the International Civil commerce of the United States. This action amends § 121.333(c)(3) to Aviation Organization and concludes Pursuant to this Act, the establishment address the requirement of section 579 that it would not be contrary to any of standards is not considered an of FAARA 2018, which requires the ICAO standard to amend § 121.333(c)(3) unnecessary obstacle to the foreign FAA to issue a final regulation revising to change the threshold for requiring a commerce of the United States, so long that section, to apply only to flight remaining pilot to put on and use an as the standard has a legitimate altitudes above flight level 410. Such an oxygen mask to flight level 410 rather domestic objective, such as the amendment means that, when one pilot than flight level 250. In this regard, protection of safety, and does not leaves his or her control station, the ICAO Annex 6 (‘‘Operation of Aircraft’’) operate in a manner that excludes remaining pilot is not required to put on does not require that oxygen masks and use an oxygen mask until the imports that meet this objective. The statute also requires consideration of must be routinely worn above flight aircraft reaches flight level 410. level 250. Annex 6, section 4.4.5 (‘‘Use Consequently, certificate holders will international standards and, where appropriate, that they be the basis for of Oxygen’’), only requires oxygen incur minimal costs associated with masks to be available above 25,000 feet updating manuals and flight U.S. standards. The FAA has assessed the potential mean sea level (MSL). The standard crewmember training programs to effect of this final rule and has states, ‘‘[a]ll flight crew members of capture the new flight level standard; determined that it is consistent with pressurized aeroplanes operating above however, industry has indicated it international standards. Therefore, this an altitude where the atmospheric supports this amendment.2 Certificate final rule complies with the Trade pressure is less than 376 hPa [25,000 holders already make frequent updates; Agreements Act of 1979. feet MSL] shall have available at the this change would be a straightforward flight duty station a quick-donning type change in flight level and regulatory D. Unfunded Mandates Assessment of oxygen mask which will readily Title II of the Unfunded Mandates supply oxygen upon demand.’’ 2 Airlines for America, Request for Temporary Therefore, the revision to § 121.333(c)(3) Enforcement Suspension of and Exemption from 14 Reform Act of 1995 (Pub. L. 104–4) CFR 121.333(c)(3) (Mar. 17, 2020), available in the requires each Federal agency to prepare that the FAA now promulgates is not docket for this rulemaking. a written statement assessing the effects contrary to ICAO standards.

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G. Environmental Analysis requirements. The FAA has analyzed The Amendment The FAA has analyzed this action this action under the policies and In consideration of the foregoing, the under Executive Order 12114, agency responsibilities of Executive Federal Aviation Administration Environmental Effects Abroad of Major Order 13609, and has determined that amends chapter I of title 14, Code of Federal Actions, and DOT Order this action would have no effect on Federal Regulations, part 121, as 5610.1C, Paragraph 16. Executive Order international regulatory cooperation. follows: 12114 requires the FAA to be informed D. Executive Order 13771, Reducing of environmental considerations and Regulation and Controlling Regulatory PART 121—OPERATING take those considerations into account Costs REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS when making decisions on major This rule is not an E.O. 13771 Federal actions that could have regulatory action because this rule is not ■ 1. The authority citation for part 121 environmental impacts anywhere significant under E.O. 12866. continues to read as follows: beyond the borders of the United States. The FAA has determined this action is IX. Additional Information Authority: 49 U.S.C. 106(f), 106(g), 40103, exempt pursuant to Section 2–5(a)(i) of 40113, 40119, 41706, 42301 preceding note A. Availability of Rulemaking added by Pub. L. 112–95, sec. 412, 126 Stat. Executive Order 12114, because it does Documents not have the potential for a significant 89, 44101, 44701–44702, 44705, 44709– 44711, 44713, 44716–44717, 44722, 44729, effect on the environment outside the An electronic copy of a rulemaking document may be obtained from the 44732; 46105; Pub. L. 111–216, 124 Stat. United States. 2348 (49 U.S.C. 44701 note); Pub. L. 112–95, In accordance with FAA Order internet by— • Searching the Federal Document 126 Stat. 62 (49 U.S.C. 44732 note). 1050.1F, ‘‘Environmental Impacts: ■ Policies and Procedures,’’ paragraph 8– Management System (FDMS) Portal at 2. Amend § 121.333 by revising 6(c), FAA has prepared a memorandum http://www.regulations.gov; paragraph (c)(3) to read as follows: • Visiting the FAA’s Regulations and for the record stating the reason(s) for § 121.333 Supplemental oxygen for Policies web page at http:// this determination; this memorandum _ emergency descent and for first aid; turbine has been placed in the docket for this www.faa.gov/regulations policies; or engine powered airplanes with pressurized • Accessing the Government rulemaking. cabins. Publishing Office’s website at http:// * * * * * VIII. Executive Order Determinations www.govinfo.gov. (c) * * * Copies may also be obtained by (3) Notwithstanding paragraph (c)(2) A. Executive Order 13132, Federalism sending a request (identified by of this section, if for any reason at any The FAA has analyzed this rule under amendment or docket number of this time it is necessary for one pilot to leave the principles and criteria of Executive rulemaking) to the Federal Aviation his station at the controls of the airplane Order 13132, Federalism. The agency Administration, Office of Rulemaking, when operating at flight altitudes above has determined this action would not ARM–1, 800 Independence Avenue SW, flight level 410, the remaining pilot at have a substantial direct effect on the Washington, DC 20591, or by calling the controls shall put on and use his States, or the relationship between the (202) 267–9677. Federal Government and the States, or All documents the FAA considered in oxygen mask until the other pilot has on the distribution of power and developing this rule, including returned to his duty station. responsibilities among the various economic analyses and technical * * * * * levels of government, and, therefore, reports, may be accessed from the Issued in Washington, DC, under the would not have Federalism internet through the Federal Document authority of 49 U.S.C. 106(f) and (g), and implications. Management System Portal referenced 44701(a)(5), on March 20, 2020. previously. Steve Dickson, B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, B. Small Business Regulatory Administrator, Federal Aviation Administration. Distribution, or Use Enforcement Fairness Act [FR Doc. 2020–06312 Filed 3–23–20; 11:15 am] The FAA analyzed this rule under The Small Business Regulatory BILLING CODE 4910–13–P Executive Order 13211, Actions Enforcement Fairness Act of 1996 Concerning Regulations that (SBREFA) (Pub. L. 104–121) (set forth as Significantly Affect Energy Supply, a note to 5 U.S.C. 601) requires FAA to DEPARTMENT OF VETERANS Distribution, or Use. The agency has comply with small entity requests for AFFAIRS determined that it would not be a information or advice about compliance ‘‘significant energy action’’ under the with statutes and regulations within its 48 CFR Parts 812, 813, 852, and 853 executive order and would not be likely jurisdiction. A small entity with to have a significant adverse effect on questions regarding this document may RIN 2900–AP58 the supply, distribution, or use of contact its local FAA official, or the VA Acquisition Regulation: Acquisition energy. FOR FURTHER persons listed under the of Commercial Items and Simplified INFORMATION CONTACT heading at the C. Executive Order 13609, Promoting Acquisition Procedures beginning of the preamble. To find out International Regulatory Cooperation more about SBREFA on the internet, AGENCY: Department of Veterans Affairs. Executive Order 13609, Promoting visit http://www.faa.gov/regulations_ ACTION: Final rule. International Regulatory Cooperation, policies/rulemaking/sbre_act/. promotes international regulatory SUMMARY: The Department of Veterans cooperation to meet shared challenges List of Subjects in 14 CFR Part 121 Affairs (VA) is amending and updating involving health, safety, labor, security, Air carriers, Aircraft, Airmen, its VA Acquisition Regulation (VAAR) environmental, and other issues and to Aviation safety, Reporting and in phased increments to revise or reduce, eliminate, or prevent recordkeeping requirements, Safety, remove any policy superseded by unnecessary differences in regulatory Transportation. changes in the Federal Acquisition

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Regulation (FAR), to remove procedural Vendor Information Pages (VIP) Acquisition of Commercial Items, and guidance internal to VA into the VA database to confirm Service-Disabled the clause, 852.212–71, Contract Terms Acquisition Manual (VAAM), and to Veteran-Owned Small Business and Conditions Applicable to VA incorporate any new agency specific (SDVOSB) and Veteran-Owned Small Acquisition of Commercial Items, may regulations or policies. These changes Business (VOSB) status; and to add be confusing and proposes that VA seek to streamline and align the VAAR language in VAAR part 813 that consider combining them into one list with the FAR and remove outdated and emphasizes that contracting officers can for clarity and consistency. duplicative requirements and reduce use other than competitive procedures VA has reexamined the proposed burden on contractors. The VAAM under specified circumstances when clause and provision, and agrees that incorporates portions of the removed awarding to SDVOSBs and VOSBs. VA combining the previously proposed VAAR as well as other internal agency had proposed removing the language at separate clause and provision into one acquisition policy. VA will rewrite 813.202, Purchase guidelines, and to clause will eliminate unnecessary certain parts of the VAAR and VAAM, replace it with proposed text at 813.203, duplication when it must be included in and as VAAR parts are rewritten, VA Purchase guidelines, to comport with both solicitations and in contracts, BPAs will publish them in the Federal the numbering and arrangement of the and orders. Accordingly, section Register. In particular, this rulemaking FAR. VA is removing the current text 812.301 has been amended to reflect the revises the VAAR concerning contained in 813.202 as described in the updated prescription, numbering and Acquisition of Commercial Items and Technical Non-Substantive Changes to title for the new combined clause, Simplified Acquisition Procedures, and the Proposed Rule section. 852.212–70, Provisions and Clauses affected parts Solicitation Provisions This final rule includes changes as a Applicable to VA Acquisition of and Contract Clauses, and Forms. result of public comments, minor Commercial Items, and the renumbered DATES: This rule is effective on April 24, formatting and/or grammatical edits, as remaining clause originally prescribed 2020. well as Federal Register administrative in this section, now 852.212–71, Gray Market Items. VA has also updated the FOR FURTHER INFORMATION CONTACT: Mr. format changes in the amendatory text list of unique VA solicitation provisions Rafael N. Taylor, Senior Procurement which result in no substantive changes and contract clauses that contracting Analyst, Procurement Policy and at the affected sections. There were five respondents that officers can apply to solicitations and Warrant Management Services, 003A2A, submitted public comments. There were contracts for the acquisition of 425 I Street NW, Washington, DC 20001, 15 separate comments submitted by commercial items based on current (202) 382–2787. (This is not a toll-free these 6 respondents. Because there was prescribed provisions or clauses and number.) redundancy in terms of the comments current VA practice. SUPPLEMENTARY INFORMATION: On submitted, VA has separated the 3. Concerns About Gray Market Items, January 11, 2018, VA published a comments and responses into 9 distinct proposed rule in the Federal Register Pass-Through Entities and High Tech issues and themes for clarity. A Medical Equipment (83 FR 1321) which announced VA’s discussion of the issues raised in the intent to amend regulations for VAAR comments as well as the changes made A commenter expressed concern with Case RIN 2900–AP58 (parts 812 and to the rule as a result of those comments business entities which do not possess 813). VA provided a 60-day comment are provided as follows: the clinical and technical knowledge of period for the public to respond to the high tech medical equipment and proposed rule and submit comments. 1. Positive Feedback on the Proposed supporting ancillary services and acting The comment period for the proposed Rule as a ‘‘pass-through’’ entity. The rule ended on March 12, 2018 and VA A respondent commends VA for its commenter expresses concern that such received comments from a total of five thoughtful development of this rule and ‘‘pass-through’’ entities will have a respondents. This rule adopts as a final of the agency’s overarching goal of negative effect on the delivery of quality rule, with changes, the proposed rule revising and streamlining the VAAR. patient care and services to VA Medical published in the Federal Register on They believe that SDVOSBs and VOSBs, Centers if such business entities are January 11, 2018. as well as VA contracting officers, will allowed to participate in VA This final rule adds language to benefit from the clarity this rulemaking procurements. The commenter believes VAAR part 812 to state that VA’s provides regarding the applicability of that new medical equipment for VA Veterans First Contracting Program the Veterans First Contracting Program Medical Centers should be purchased (VFCP) under VAAR subpart 819.70 policy and VAAR provisions to VA from an OEM or its authorized dealer, applies to VAAR part 812, Acquisition acquisition of commercial items. They distributor, or reseller. The commenter of Commercial Items; to update a list of also commend VA for removing some also expressed concern that allowing unique VA solicitation provisions and unnecessary or duplicative provisions set-asides for firms that are not contract clauses that contracting officers and for adding a VAAR provision to manufacturers (i.e., nonmanufacturers) can apply to solicitations and contracts make clear when ‘‘gray market’’ items may create potential pass-throughs. for the acquisition of commercial items; are not permitted. VA is always concerned with the and to add a new clause on Gray Market VA appreciates the feedback from fidelity and quality of equipment Items to ensure that new medical these commenters on the VA’s purchased to support Veterans equipment and associated services and overarching goal to streamline the healthcare. VA believes the inclusion of support for VA Medical Centers are VAAR. VA is also pleased the clause 852.212–71, Gray Market Items, purchased from Original Equipment commenters support overall the will appropriately address the use of Manufacturers (OEM) or their revisions to VAAR parts 812 and 813. authorized Original Equipment authorized distributors and resellers. In Manufacturer (OEM) distributors or VAAR part 813, this final rule adds 2. Clarification of the VA Acquisition of resellers. Policy governing the SBA language to reference the applicability Commercial Items Clauses nonmanufacturer rule and limitations of the VFCP in contracts awarded using One commenter raised the issue that on subcontracting requirements are Simplified Acquisition Procedures; to the proposed provision, 852.212–70, covered in the FAR and other parts of require contracting officers to use the Provisions Applicable to VA the VAAR and permit the use of

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businesses that comply with those disabled Veterans and would be verifying VIP eligibility shall occur both regulations. We are making no changes responsible for verification of applicant at the time of submission of offers and to this rule based on this comment. firms. Challenges to the status of an prior to award for contracts and orders SDVOSB or VOSB based upon issues of is consistent with the current VAAR 4. Potential Conflicts Between the ownership or control would be decided 819.7003 class deviation issued on July Proposed Rule, VA’s Veterans Small by the administrative judges at the Business Regulations at 38 CFR Part 74 25, 2016. A future VAAR case for part SBA’s Office of Hearings and Appeals and the SBA’s Regulations on 819 will further examine the issue of (OHA). ‘‘prior to award’’ or ‘‘at time of award.’’ Government Contracting Programs at The commenter also provided 13 CFR Part 125 comments indicating that SDVOSB/ 5. Use of the Veterans First Contracting One commenter provided comments VOSB verification and representation Program (38 U.S.C. 8127–8128) as an in response to both the proposed rule requirements should not apply to Authority for the Proposed Rule under this case, and proposed changes orders. The commenter argued that One of the commenters objected to the to VA’s Veterans Small Business requiring the verification of SDVOSB/ use of 38 U.S.C. 8127–8128 as an Regulations at 38 CFR part 74, VOSB status at the order level would be authority citation in parts 812 and 813. published January 10, 2018 in the in conflict with the SBA regulations The commenter requested an Federal Register (83 FR 1203). The which do not require verification at the explanation to why this specific statute commenter states that ‘‘a Veteran- task order level for certain types of is included in a document that Owned Small Business (VOSB)/Service- contracts. The commenter believes that explicitly excludes internal guidance on Disabled Veteran-Owned Small the proposed VAAR conflicts with that processes and procedures. The Business (SDVOSB) must be verified by SBA policy. In effect, the commenter commenter believes it is inappropriate the VA’s Center for Verification and submits, that while the SBA rules may to include the statute by reference at a Evaluation (CVE) and listed in the allow an SDVOSB that has ‘‘organically time when many questions regarding Vendor Information Pages (VIP) outgrown’’ its size to compete for orders guidance, applicability, and impact are database in order to be eligible for set- under an IDIQ for up to 5 years without unanswered. aside contract awards in the VA. This recertifying its status or size (unless the We are making no change to VAAR eligibility continues for 3 years unless [contracting officer] CO requests it), part 812 or 813 based on this comment. there are circumstances which require VA’s Veterans First Contracting Program The inclusion of the authority is the business to exit the program as requires ‘‘recertification’’ within 30 days appropriate because many of the issues outlined in 38 CFR 74.21. One of those of a business outgrowing its size by addressed in these parts are based on circumstances is failure to maintain its removing it from the VIP database the unique and special requirements eligibility for program participation. (which must be checked by the CO prior imposed by legislation and statute and Presumably, when a VOSB/SDVOSB to task order award). Furthermore, the make it necessary to include the finds that it is no longer small for a commenter believes that ‘‘it may be referenced citation. particular NAICS code for which it is argued that the VA rule is tantamount registered, it is also no longer eligible to to eliminating the CO’s discretion to ask 6. Applicability of the Veterans First be listed in VIP for that NAICS code and for recertification at the task order level Contracting Program in the Proposed will be removed. This appears to be in by requiring the CO to, effectively, ask Rule conflict with the Small Business for a recertification for every task order A commenter indicated that the Administration (SBA) policy.’’ by checking VIP’’. Another commenter proposed policy at VAAR 813.003–70 VA will not revise VAAR part 812 or argued the opposite. The second references contracts as defined in FAR 813 based on this comment. Title 38 commenter believes that VA should 2.101, but does not explicitly reference U.S.C. 8127 requires a firm must be revise VAAR 813.003–70 to make clear task orders. To avoid confusion, the listed as verified in the VA database to that the Veterans First Contracting commenter recommends that VA revise be eligible to receive an award under the Program mandate and the requirement VFCP. This comment is beyond the to confirm SDVOSB or VOSB status VAAR 813.003–70(a) to include a scope of this rule as it mostly applies to apply to task orders. However, they reference to orders. certification and verification recommend VA follow the SBA VA notes that orders are part of the requirements under the VA’s Veterans guidance on small business definition of contracts as set forth in Small Business Regulations at 38 CFR representation. They also believe that FAR 2.101, Definitions. However, to part 74, published January 10, 2018 in replacing ‘‘prior to award’’ with ‘‘at the ensure clarity to the specific types of the Federal Register (83 FR 1203) and time of award’’ would provide more actions covered under VAAR part 813, which became effective October 1, 2018 clarity on the specific point of time at we are revising 813.003–70, Policy, to (83 FR 48221). Note that a new SBA which VA judges SDVOSB and VOSB indicate that the VFCP applies to regulation related to SDVOSB eligibility. contracts, orders and BPAs under this certification also became effective on We are unable to make the overall part. We also added a reference to FAR the same date. The changes in both SBA recommended changes due to VA’s part 13 to indicate that the VFCP takes and VA regulations comply with the statutory mandate. The Veterans First precedence over the small business directive in the National Defense Contracting Program (VFCP) applies to programs referenced in FAR part 13, Authorization Act of 2017 (Pub. L. 114– all contracts, BPAs and orders under and references to 819 which includes 328), section 1832, to standardize this part. VA legislation is very clear additional information regarding definitions for SDVOSBs and VOSBs that only small businesses listed in the compliance with the VFCP. between VA and SBA. As required by VA database of eligible firms (the One commenter requested that VA section 1832, the Secretary of Veterans Vendor Information Pages or VIP) can be include the use of a fixed percentage Affairs will use SBA’s regulations to awarded a contract under the VFCP. The figure to define ‘‘fair and reasonable’’ in determine ownership and control of Supreme Court confirmed this the context of the VA Rule of Two. They SDVOSBs and VOSBs. The Secretary requirement and issued a decision in also believe that the nonmanufacturer would continue to determine whether 2016 that for purposes of the program, rule should be waived to allow Veteran individuals are Veterans or service- an order is a contract. Therefore, small businesses the ability to compete.

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We are making no change to VAAR satisfy agency requirements.’’ VA does officers develop an appropriate means part 812 or 813 based on this comment. not concur, however, with the latter part (such as full/partial credit) to How to conduct a price analysis and of the commenter’s analogy that a sole implement the statutory mandate to establishing a fair and reasonable price source is acceptable under any prioritize award of contracts to is already addressed in the FAR. circumstance or that the use of sole SDVOSBs first, then VOSBs second, Specifically, FAR subpart 15.4, Contract source contracts should be encouraged. before all other small businesses, and Pricing, provides guidance to Consistent with the FAR, VA finally large businesses. contracting officers to assist in making encourages the use of competitive The intent of the language at VAAR a fair and reasonable determination. procedures for all its procurements to 813.003–70(c) is to highlight the Additional internal agency guidance the maximum extent practicable. requirement that set-asides are would be contained in the VA Therefore, VA declines to make mandatory and that if a set-aside is not Acquisition Manual. However, VA changes to the language as suggested but feasible, then evaluation preferences acknowledges this is an area of interest will add a FAR reference in VAAR should be used in accordance with for the public as well as VA’s 813.106–70(b) and (c) that contracts 815.304–70. Any prescription changes acquisition workforce. VA is preparing awarded using the VA legislative to clauses 852.215–70 or -71 will be additional internal training for its authority shall be conducted as addressed in a separate VAAR case and acquisition workforce to strengthen and authorized by FAR 6.302–5 and in is not appropriate to make such changes refresh contracting officer’s skillsets in accordance with 819.7007 and to VAAR part 812 or 813 at this time. this area. 819.7008, and to remove redundant While VA concurs that SDVOSBs have Regarding the nonmanufacturer rule language in the remaining paragraph priority over VOSBs in every instance, and Veteran small businesses, VA will that is covered in the referenced the evaluation preference prescribed in continue to comply with SBA sections and is also applicable under this section provides recognition to the regulations. VA legislation requires VA part 813. This language is consistent requirement in 38 U.S.C. 8128 that to use the small business definitions with the legislative mandate, FAR and small business concerns owned and and requirements in the Small Business the language in VAAR subpart 819.70, controlled by veterans have a priority Act, where not in conflict with VA’s as provided in the July 25, 2016, VAAR over other small businesses. The unique statutory authority and 38 U.S.C. Class Deviation—Implementation of the priority of SDVOSBs over VOSBs is well 8127–8128. This includes the Veterans First Contracting Program as a established, including at VAAR application of the nonmanufacturers Result of the U.S. Supreme Court 813.003–70(c)(2). Therefore, the rule. The nonmanufacturer rule is a Decision (Class Deviation—Veterans language remains unchanged and any requirement in the Small Business Act First Contracting Program (VFCP 2016). further clarification of the language as implemented by the SBA under 13 One commenter stated that to make would be addressed in a future VAAR CFR 121.401 through 121.413 and the statutory priority clear, VAAR rulemaking case with VAAR part 819. applies to all Federal procurement 813.003–70(c) should state that, under Additionally, references to the VFCP programs for which status as a small 38 U.S.C. 8127, contracts shall be set program are included in the section to business is required or advantageous. aside for SDVOSBs when market set forth that the Veterans First A commenter applauds VA for research provides a reasonable basis for Contracting Program developed addressing the SDVOSB/VOSB sole receiving two or more offers from pursuant to the authority in 38 U.S.C. source option in its regulations. The SDVOSBs. The commenter believes the 8127–8128 applies to both commercial commenter believes that the sole source proposed VAAR 813.003–70, paragraph acquisitions and procurements under requirement in this section is consistent (c) does not make the statutory priority the simplified acquisition threshold at with the legislation, but believes it is clear, and paragraph (c)(1), as proposed, the VA. not consistent with those in VAAR says only that ‘‘contracts under this part 7. Market Research subpart 819.70, as a result of restrictions shall be set aside for SDVOSBs or added to VAAR 819.7007 and 819.7008 VOSBs, when supported by market A commenter noted the importance of through a class deviation implementing research.’’ reinforcing, especially for delivery of the program as a result of the The commenter also recommended patient care and services procurements Kingdomware Supreme Court Decision. VA revise VAAR 813.003–70(c)(2), for Veterans Affairs Medical Centers The commenter believes that the VAAR 852.212–70, and VAAR 852.212– (VAMCs), that robust market research be legislation does not impose 71 to make clear the priorities for conducted, and that set-asides and requirements on when or how to use the SDVOSBs, and then VOSBs applies to awards be determined in accordance sole source authority and that VA all commercial items acquisitions with those findings. should make clear that its contracting except for SDVOSB set-asides. The VA agrees that market research officers need not do more than what is commenter stated in their opinion that including industry engagement are key set forth in VAAR 813.106–70(c) to VA has appropriately recognized in elements in the decision-making process make sole source awards to SDVOSBs VAAR 813.003–70(c)(2) that the first for any acquisition. It is VA’s intention and VOSBs above the simplified priority is for SDVOSBs and second to comply with all legislative and legal acquisition threshold. The commenter priority for VOSBs and applies to requirements, including VFCP, while requests that VA go so far as to procurements that are not set-aside for providing the best care and maximum encourage the award of sole source SDVOSBs or VOSBs. The commenter resources to address the needs of the contracts when certain conditions are believes that VAAR 813.003–70(c)(2) Veteran community we serve. VA is in met. The commenter suggested revision does not go far enough because VAAR the process of releasing other parts language to VAAR 813.106–70(c). 852.215–70 should be inserted into any dealing with competition, acquisition VA concurs that the VA legislation solicitation, except those that are set- planning and market research. They will provides a unique sole source authority aside for SDVOSBs. The commenter be published in the Federal Register for that is less restrictive than a sole source further asserts that requiring insertion of public comment once the appropriate award otherwise permitted under FAR VAAR 852.215–70 into all solicitations approvals are obtained. Accordingly, no 6.302–1, ‘‘Only one responsible source except for SDVOSB set-asides is the language will be changed in the rule and no other supplies or services will only way to ensure that contracting based on these comments.

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8. Training of the VA Acquisition regulations. The VA Acquisition Manual such effect on State, local, and tribal Workforce on This Proposed Rule will incorporate many of the related governments or on the private sector. internal procedural guidance at the VA- A commenter would like to know Paperwork Reduction Act how and when contracting officers, wide level and will be published on the staff, and local Veterans Affairs Medical VA OAL/PPS website when any new This rulemaking impacts two existing Centers (VAMCs) will be trained on VAAR parts are published as effective in information collection requirements these revised requirements. The the Federal Register. Any additional associated with two Office of commenter recommends VA release an internal policy and procedures at Management and Budget (OMB) control various levels and activities in the VA implementation plan and deadline for numbers. The Paperwork Reduction Act are being examined and will be each phase of the large-scale VAAR of 1995 (at 44 U.S.C. 3507) requires that appropriately updated or created, as revision. Currently, no implementation VA consider the impact of paperwork needed. date is listed in the Federal Register and other information collection notice. Technical Non-Substantive Changes to burdens imposed on the public. Under VA also supports the importance of the Proposed Rule 44 U.S.C. 3507(a), an agency may not training as highlighted by our 1. Under section 813.003–70(a), this collect or sponsor the collection of investment in training for the final rule adds a reference to FAR part information, nor may it impose an acquisition workforce at the VA 13 in conjunction with FAR part 19 as information collection requirement Acquisition Academy (VAAA). Training a more accurate reference; and in unless it displays a currently valid OMB on various VAAR revised policy and paragraph (d) changes a reference from control number. procedures, as well as internal agency FAR part 19 to the Small Business Although this action contains guidance, is currently being provided on Administration (SBA) regulations at 13 provisions constituting collections of an ongoing basis through the VAAA, as CFR part 121 and 13 CFR 125.6 to information at 48 CFR part 813, under well as local and national conferences provide clarity. the provisions of the Paperwork and other training events as necessary. 2. In the proposed rule, VA intended Reduction Act of 1995 (44 U.S.C. 3501– We continue to update and revise to remove 813.202, Purchase guidelines, 3521), no new or revised collections of internal training material to address VA include a new section 813.203, and add information are associated with this acquisition workforce needs and will revised language at 813.203, Purchase final rule. The information collection continue to ensure appropriate training guidelines, to comport with the FAR. requirements for 48 CFR part 813 are is scheduled and accomplished on both VA is removing the guidance from the currently approved by OMB and have a one-time or recurring basis as the VAAR and may place the guidance in been assigned OMB control number topics and needs may dictate. VA the VAAM. As a part of this final rule, 2900–0393. continues to publish proposed rules for VA will remove the current section Although this final rule removes public comment in phased increments 813.202 and take no action on proposed and is working closely with the Office 813.307, Forms, with this action 813.203. 853.213, Simplified acquisition of Small and Disadvantaged Business 3. This final rule revises the VAAR Utilization (OSDBU) to address procedures (SF’s 18, 30, 44, 1165, 1449, part 852 authorities to reflect the and OF’s 336, 347, and 348), will also concerns of the small business authorities recently codified in a community, in particular SDVOSBs and be removed as the forms now shown in previous rule. the text at 853.213 are also referenced VOSBs. VA submits updates to its 4. Under 813.307, VA proposed to within section 813.307, making their planned regulatory agenda two times a remove the section which references the continued inclusion in VAAR part 853 year. Any updates and new planned use of forms and move mention of forms unnecessary. In particular, one of the regulatory actions concerning specific as internal VA guidance to the VA forms referenced at 813.307(f), VA Form VAAR parts will be published there. Acquisition Manual. The forms 10–2421, Prosthetic Authorization for The case containing the proposed rule referenced in 813.307 which will be Items or Services, and at 853.213(d), has for VAAR part 819, including the removed with this final rule, are both an associated OMB Control Number Veterans First Contracting Program referenced, and in some cases, were although it is not currently associated under subpart 819.70, and key affected prescribed at 853.213 as well. With the with the VAAR. Under the provisions of parts is planned for publication in the removal of 813.307 in this final rule, the Paperwork Reduction Act of 1995 (44 Federal Register for public comment in forms require removal from the VAAR U.S.C. 3501–3521), no new or revised 2019. as well, so with this final rule, section collections of information are associated 853.213 will be removed and any of the 9. Removal of Internal Procedural with this final rule. The information noted forms if and when still used at Guidance From the VAAR collection requirements for VA Form VA, are available on VA’s public facing 10–2421 are currently approved by A commenter inquired if VA website at https://www.va.gov/vaforms/ OMB and have been assigned OMB anticipates the need to develop and or upon request from any VA control number 2900–0188 under the issue specific procurement policy contracting office. memorandums, directives, handbooks, administrative management of the and standard operating procedures Unfunded Mandates Veterans Health Administration. This given the removal of internal procedural The Unfunded Mandates Reform Act form will no longer be referenced in the guidance from the VAAR. The of 1995 requires, at 2 U.S.C. 1532, that VAAR and its OMB control number is commenter also questioned the timely agencies prepare an assessment of not now associated with the VAAR. issuance of information and updates to anticipated costs and benefits before Congressional Review Act internal procedural manuals. issuing any rule that may result in the VA is currently updating its expenditure by State, local, and tribal Pursuant to the Congressional Review acquisition policies and regulations. As governments, in the aggregate, or by the Act (5 U.S.C. 801 et seq.), the Office of each part is completed, any internal private sector, of $100 million or more Information and Regulatory Affairs documents that require updating would (adjusted annually for inflation) in any designated this rule as not a major rule, be updated to comport with the new one year. This final rule will have no as defined by 5 U.S.C. 804(2).

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Regulatory Flexibility Act submit the document to the Office of the Offerors—Commercial Items, and The Secretary hereby certifies that Federal Register for publication 52.212–2, Evaluation—Commercial this final rule will not have a significant electronically as an official document of Items. the Department of Veterans Affairs. economic impact on a substantial 812.302 [Removed] number of small entities as they are Pamela Powers, Chief of Staff, defined in the Regulatory Flexibility Act Department of Veterans Affairs, ■ 5. Section 812.302 is removed. (5 U.S.C. 601–612). This rulemaking approved this document on March 2, PART 813—SIMPLIFIED ACQUISITION does not change VA’s policy regarding 2020, for publication. PROCEDURES small businesses, does not have an Consuela Benjamin, economic impact to individual Regulation Development Coordinator, Office ■ 6. The authority citation for part 813 businesses, and there are no increased of Regulation Policy & Management, Office is revised to read as follows: or decreased costs to small business of the Secretary, Department of Veterans entities. On this basis, the final rule Affairs. Authority: 38 U.S.C. 8127–8128; 40 U.S.C. would not have an economic impact on For the reasons set out in the 121(c); 41 U.S.C. 1702 and 48 CFR 1.301 through 1.304. a substantial number of small entities as preamble, VA amends 48 CFR parts 812, they are defined in the Regulatory 813, 852, and 853 as follows: ■ 7. Section 813.003–70 is added to read Flexibility Act, 5 U.S.C. 601–612. as follows: Therefore, pursuant to 5 U.S.C. 605(b), PART 812—ACQUISITION OF 813.003–70 Policy. the initial and final regulatory flexibility COMMERCIAL ITEMS (a) The Veterans First Contracting analysis requirements of 5 U.S.C. 603 ■ and 604 do not apply. 1. The authority citation for part 812 Program in subpart 819.70 applies to VA is revised to read as follows: contracts, orders and BPAs under this Executive Orders 12866, 13563 and Authority: 38 U.S.C. 8127–8128; 40 U.S.C. part and has precedence over other 13771 121(c); 41 U.S.C. 1702 and 48 CFR 1.301 small business programs referenced in Executive Orders (E.O.s) 12866 and through 1.304. FAR parts 13 and 19. 13563 direct agencies to assess all costs (b) Notwithstanding FAR 13.003(b)(2), and benefits of available regulatory Subpart 812.1—Acquisition of the contracting officer shall make an alternatives and, if regulation is Commercial Items—General award utilizing the priorities for veteran-owned small businesses as necessary, to select regulatory ■ 2. Section 812.102 is revised to read implemented within the VA hierarchy approaches that maximize net benefits as follows: (including potential economic, of small business program preferences, environmental, public health and safety 812.102 Applicability. the Veterans First Contracting Program effects, distributive impacts, and ■ 3. Section 812.102–70 is added to in subpart 819.70. Specifically, the equity). E.O. 13563 emphasizes the subpart 812.1 to read as follows: contracting officer shall consider importance of quantifying both costs preferences for verified service-disabled and benefits of reducing costs, of 812.102–70 Applicability of Veterans veteran-owned small businesses harmonizing rules, and of promoting preferences. (SDVOSBs) first, then preferences for flexibility. The Office of Information Based on the authority under 38 verified veteran-owned small businesses and Regulatory Affairs has determined U.S.C. 8127 and 8128, the Veterans First (VOSBs). These priorities will be that this rule is a significant regulatory Contracting Program in subpart 819.70 followed by preferences for other small action under Executive Order 12866. applies to VA contracts under this part. businesses in accordance with FAR VA’s impact analysis can be found as a The provisions and clauses prescribed 19.203, and 819.7004. supporting document at http:// reflect agency unique statutes applicable (c) When using competitive www.regulations.gov, usually within 48 to the acquisition of commercial items. procedures, the preference for hours after the rulemaking document is restricting competition to verified published. Additionally, a copy of the Subpart 812.3—Solicitation Provisions SDVOSBs/VOSBs in accordance with rulemaking and its impact analysis are and Contract Clauses for the paragraph (b) of this section is available on VA’s website at http:// Acquisition of Commercial Items mandatory whenever market research www.va.gov/orpm by following the link provides a reasonable expectation of ■ 4. Section 812.301 is revised to read for ‘‘VA Regulations Published from FY receiving two or more offers/quotes as follows: 2004 Through Fiscal Year to Date.’’ This from eligible, capable and verified firms final rule is not subject to the 812.301 Solicitation provisions and at fair and reasonable prices that offer requirements of E.O. 13771 because this contract clauses for the acquisition of best value to the Government. final rule is expected to result in no commercial items. (1) Pursuant to 38 U.S.C. 8127, more than de minimis costs. (f)(1) Contracting officers shall insert contracts under this part shall be set- aside for SDVOSBs/VOSBs, in List of Subjects the clause 852.212–70, Provisions and Clauses Applicable to VA Acquisition of accordance with 819.7005 or 819.7006 48 CFR Parts 812, 813, and 853 Commercial Items, in all solicitations when supported by market research. Government procurement. and contracts for commercial Contracting officers shall use the acquisitions and check only those applicable set-aside clause prescribed at 48 CFR Part 852 provisions and clauses that apply to the 819.7009. Government procurement, Reporting individual acquisition. (2) Pursuant to 38 U.S.C. 8128 and to and recordkeeping requirements. (2) Contracting officers shall insert the the extent that market research does not clause 852.212–71, Gray Market Items, support an SDVOSB or VOSB set-aside, Signing Authority in solicitations and contracts for new the contracting officer shall include The Secretary of Veterans Affairs, or medical equipment for VA Medical evaluation factors as prescribed at designee, approved this document and Centers and that include FAR 815.304 and the evaluation criteria authorized the undersigned to sign and provisions 52.212–1, Instruction to clause prescribed at 815.304–71(a).

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(d) The SDVOSB and VOSB eligibility Subpart 813.3—Simplified Acquisition advantage of the Government. Tie bids will requirements in 819.7003 apply, Methods be decided in favor of [Contracting Officer including verification of the SDVOSB will insert the required item and item number]. and VOSB status of an offeror, and other 813.302 [Removed] small business requirements in 13 CFR ■ 13. Section 813.302 is removed. (End of provision) part 121 and 13 CFR 125.6 (e.g., small 813.302–5 [Removed] ll852.214–73, Alternate Packaging and business representation, Packing. nonmanufacturer rule, and ■ 14. Section 813.302–5 is removed. ll852.214–74, Marking of Bid Samples. subcontracting limitations). ■ 15. Section 813.305–70 is added to ll852.215–70, Service-Disabled Veteran- subpart 813.3 to read as follows: Owned and Veteran-Owned Small Subpart 813.1—Procedures Business Evaluation Factors. 813.305–70 VA’s imprest funds and third ll852.215–71, Evaluation Factor party drafts policy. Commitments. ■ 8. Section 813.102 is added to subpart ll852.216–71, Economic Price Adjustment 813.1 to read as follows: VA’s Governmentwide commercial of Contract Price(s) Based on a Price purchase card and/or convenience Index. 813.102 Source list. checks shall be used in lieu of imprest ll852.216–72, Proportional Economic funds and third party drafts. Price Adjustment of Contract Price(s) Pursuant to 819.7003, contracting Based on a Price Index. officers shall use the Vendor 813.307 [Removed] ll852.216–73, Economic Price Information Pages (VIP) database to ■ 16. Section 813.307 is removed. Adjustment—State Nursing Home Care verify SDVOSB/VOSB status. for Veterans. ll852.216–74, Economic Price ■ 9. Revise section 813.106 to read as PART 852—SOLICITATION PROVISIONS AND CONTRACT Adjustment—Medicaid Labor Rates. follows: ll852.216–75, Economic Price CLAUSES Adjustment—Fuel Surcharge. 813.106 Soliciting competition, evaluation ll852.219–9, VA Small Business ■ of quotations or offers, award and 17. The authority citation for part 852 Subcontracting Plan Minimum documentation. is revised to read as follows: Requirements. ll852.219–10, VA Notice of Total Service- 813.106–3 [Removed] Authority: 38 U.S.C. 8127–8128, and 8151– 8153; 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3), Disabled Veteran-Owned Small Business 41 U.S.C. 1303; 41 U.S.C. 1702; and 48 CFR Set-Aside. ■ 10. Section 813.106–3 is removed. ll 1.301 through 1.304. 852.219–11, VA Notice of Total Veteran- ■ 11. Section 813.106–70 is revised to Owned Small Business Set-Aside. Subpart 852.2—Texts of Provisions ll852.222–70, Contract Work Hours and read as follows: Safety Standards Act—Nursing Home and Clauses Care Contract Supplement. 813.106–70 Soliciting competition, ll852.228–70, Bond Premium Adjustment. evaluation of quotations or offers, award ■ 18. Section 852.212–70 is added to ll852.228–71, Indemnification and and documentation—the Veterans First read as follows: Insurance. Contracting Program. ll852.228–72, Assisting Service-Disabled 852.212–70 Provisions and Clauses Veteran-Owned and Veteran-Owned (a) When using competitive Applicable to VA Acquisition of Commercial procedures under this part, the Small Businesses in Obtaining Bonds. Items. ll852.229–70, Sales and Use Taxes. contracting officer shall use the As prescribed in 812.301(f)(1), insert ll852.232–72, Electronic Submission of Veterans First Contracting Program in the following clause to indicate Payment Requests. subpart 819.70 and the guidance set provisions and clauses applicable to this ll852.233–70, Protest Content/Alternative forth in 813.003–70. acquisition: Dispute Resolution. ll852.233–71, Alternate Protest Procedure. (b) Pursuant to 38 U.S.C 8127(b), Provisions and Clauses Applicable to ll852.237–7, Indemnification and Medical contracting officers may use other than VA Acquisition of Commercial Items Liability Insurance. competitive procedures to enter into a (APR 2020) ll852.237–70, Contractor Responsibilities. contract with a verified SDVOSB or The Contractor shall obtain all necessary VOSB for procurements under the (a) The Contractor agrees to comply with licenses and/or permits required to perform simplified acquisition threshold, as any provision or clause that is incorporated this work. He/she shall take all reasonable authorized by FAR 6.302–5. herein by reference or full text to implement precautions necessary to protect persons and agency policy applicable to acquisition of property from injury or damage during the (c) For procurements above the commercial items or components. The performance of this contract. He/she shall be simplified acquisition threshold, following provisions and clauses that have responsible for any injury to himself/herself, pursuant to 38 U.S.C. 8127(c), been checked by the Contracting Officer are his/her employees, as well as for any damage contracting officers may also award a incorporated by reference or in full text. Text to personal or public property that occurs contract under this part to a firm requiring fill-ins is shown under the clause during the performance of this contract that verified under the Veterans First or provision title: is caused by his/her employees fault or Contracting Program at subpart 819.70, ll852.203–70, Commercial Advertising. negligence, and shall maintain personal liability and property damage insurance using procedures other than competitive ll852.209–70, Organizational Conflicts of Interest. having coverage for a limit as required by the procedures, as authorized by FAR laws of the State of lll[Insert name of 6.302–5 and in accordance with ll852.214–71, Restrictions on Alternate Item(s). State]. Further, it is agreed that any 819.7007 and 819.7008. ll852.214–72, Alternate Item(s). negligence of the Government, its officers, agents, servants and employees, shall not be Subpart 813.2—[Removed and Bids on [Contracting Officer will insert an the responsibility of the Contractor Reserved] alternate item that is considered acceptable] hereunder with the regard to any claims, loss, will be given equal consideration along with damage, injury, and liability resulting bids on [Contracting Officer will insert the therefrom. ■ 12. Subpart 813.2 is removed and required item and item number]** and any reserved. such bids received may be accepted if to the (End of clause)

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ll852.246–70, Guarantee. and contracts for new medical 12569) to list a self plus one enrollment The Contractor guarantees the equipment equipment: type in carrier advertising instructions. against defective material, workmanship and The proposed rule clarified that carriers Gray Market Items (APR 2020) performance for a period of lll[Normally, are required to list all current insert one year. If industry policy covers a (a) No gray market or remanufactured items enrollment types when advertising their shorter or longer period, i.e., 90 days or for will be acceptable. Gray market items are health plans enrollment codes and the life of the equipment, insert such period.], Original Equipment Manufacturers’ (OEM) premium rates to enrollees. This change said guarantee to run from date of acceptance goods sold through unauthorized channels in of the equipment by the Government. The is a technical correction and does not direct competition with authorized alter current FEHB family member Contractor agrees to furnish, without cost to distributors. This procurement is for new the Government, replacement of all parts and OEM medical equipment only for VA eligibility guidelines. material that are found to be defective during medical facilities. Section 706 of the Bipartisan Budget the guarantee period. Replacement of (b) Vendor shall be an OEM, authorized Act of 2013 amended chapter 89 of title material and parts will be furnished to the dealer, authorized distributor or authorized 5 United States Code by adding a self Government at the point of installation, if reseller for the proposed equipment/system, plus one enrollment type for Federal installation is within the continental United verified by an authorization letter or other employees and annuitants under the States, or f.o.b. the continental U.S. port to documents from the OEM. All software FEHB Program. The self plus one be designated by the Contracting Officer if licensing, warranty and service associated enrollment type became available installation is outside of the continental with the equipment/system shall be in during the 2015 Open Season for the United States. Cost of installation of accordance with the OEM terms and 2016 plan year and was codified in a replacement material and parts shall be borne conditions. by the contractor. [The above clause will be final rule at https:// modified to conform to standards of the (End of clause) www.federalregister.gov/documents/ industry involved.] 2015/09/17/2015-23348/federal- PART 853—FORMS employees-health-benefits-program-self- (End of clause) plus-one-enrollment-type. A self plus ■ ll852.246–71, Inspection or Alternate I. 20. The authority citation for part 853 one enrollment covers the enrollee and ll852.246–72, Frozen Processed Foods. is revised to read as follows: one eligible family member, designated ll852.246–73, Noncompliance with Authority: 38 U.S.C. 501; 40 U.S.C. 121(c); by the enrollee. Eligible family members packaging, packing, and/or marking and 48 CFR 1.301 through 1.304. under a self plus one enrollment requirements. include a spouse or eligible child as set ll 853.213 [Removed] 852.270–1, Representatives of forth in § 890.302 of title 5 CFR. Contracting Officers. ■ 21. Section 853.213 is removed. This final rule amends the FEHBAR at ll852.270–2, Bread and Bakery Products— Quantities. [FR Doc. 2020–05589 Filed 3–24–20; 8:45 am] 48 CFR part 1603 to list a self plus one ll852.270–3, Purchase of Shellfish. BILLING CODE 8320–01–P enrollment type in the advertising ll852.271–72, Time Spent by Counselee in instructions. OPM considers this change Counseling Process. a technical correction as it does not ll852.271–73, Use and Publication of OFFICE OF PERSONNEL change the operational requirements of Counseling Results. MANAGEMENT the FEHB Program and does not alter ll852.271–74, Inspection. current FEHB family member eligibility ll852.271–75, Extension of Contract 48 CFR Parts 1603 and 1652 guidelines. Period. This final rule also updates and ll 852.273–70, Late Offers. RIN 3206–AN56 ll852.273–71, Alternative Negotiation amends the contract clause matrix to align with current FAR and FEHBAR Techniques. Federal Employees Health Benefits ll852.273–72, Alternative Evaluation. requirements. OPM publishes ll852.273–73, Evaluation—Health-Care Acquisition Regulations: Self Plus One applicable contract clauses and clause Resources. and Contract Matrix Update headings in the FEHBAR. Annually, ll852.273–74, Award without Exchanges. AGENCY: Office of Personnel OPM determines which Federal (b) When appropriate and in accordance Management. Acquisition Regulation (FAR) and with the prescriptions for the clause, the FEHBAR contract clauses are applicable ACTION: Final rule. contracting officer may use the following to FEHB carrier contracts and includes clause in requests for quotations, SUMMARY: The Office of Personnel them in these contracts. solicitations, and contracts for the acquisition Management (OPM) is making a The proposed regulation provided of commercial items if the contracting officer notice to interested stakeholders that determines that the use is consistent with technical correction to the Federal customary commercial practices: Employees Health Benefits Acquisition OPM is updating the FEHBAR contract clause matrix at 48 CFR 1652.370. This ll852.211–70, Service Data Manuals or Regulations (FEHBAR) to add the self Alternate I. plus one enrollment type to carrier final regulation updates the contract clause matrix to align with current FAR (c) All requests for quotations, advertising instructions. OPM is also solicitations, and contracts for commercial updating and amending the Federal and FEHBAR requirements and include item services to be provided to beneficiaries Employees Health Benefits (FEHB) clauses currently incorporated in all must include the following clause at Program contract clause matrix. Federal Employees Health Benefits ll852.271–70, Nondiscrimination in DATES: This rule is effective March 25, (FEHB) Program carrier contracts. Services Provided to Beneficiaries. 2020. Response to Comments (End of clause) FOR FURTHER INFORMATION CONTACT: The 30-day comment period for the Michael W. Kaszynski, Senior Policy ■ 19. Section 852.212–71 is added to proposed rule ended on May 2, 2019. Analyst, at Michael.Kaszynski@ read as follows: OPM received comments from a citizen opm.gov. and an association of FEHB health 852.212–71 Gray Market Items. SUPPLEMENTARY INFORMATION: On April organizations. The citizen commenter, As prescribed in 812.301(f)(2), insert 2, 2019, OPM issued proposed who supports the regulatory change, the following provision in solicitations regulations to the FEHBAR (84 FR asserted that is important that federal

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workers have a clear ability to see self approaches that maximize net benefits collection of information subject to the and self plus one codes. (including potential economic, requirements of the Paperwork OPM also received comments from an environmental, public health and safety Reduction Act of 1995 (44 U.S.C. 3501 association of health organizations. The effects, distribute impacts, and equity). et seq.) (PRA), unless that collection of association expressed support for OPM’s Executive Order 13563 also emphasizes information displays a currently valid update to the FEHBAR matrix and the importance of quantifying both costs Office of Management and Budget suggested a few technical corrections. and benefits, of reducing costs, of (OMB) Control Number. This rule The commenter stated that the title at harmonizing rules, and of promoting involves an OMB approved collection of FAR 52.204–7 should read ‘‘Award flexibility. This rule is not a significant information subject to the PRA—OMB Management.’’ This change has been regulatory action under E.O. 12866. No. 3206–0160, Health Benefits Election incorporated into this final rule. Form. The public reporting burden for Reducing Regulation and Controlling The commenter also proposed a this collection is estimated to average 30 Regulatory Costs change at FAR 52.203–19 (Prohibition minutes per response, including time on Requiring Certain Internal This final rule is not an E.O. 13771 for reviewing instructions, searching Confidentiality Agreements or regulatory action because is not existing data sources, gathering and Statements) to apply this clause to only significant under E.O. 12866. maintaining the data needed, and community rated carrier contracts. FAR Regulatory Flexibility Act completing and reviewing the collection 3.909–3(b)(1) directs us to include the of information. The total burden hour clause at 52.203–19, Prohibition on The Office of Personnel Management estimate for this form is 9,000 hours. Requiring Certain Internal certifies that this rule will not have a The systems of record notice for this Confidentiality Agreements or significant economic impact on a collection is: OPM/Central 1 Civil Statements, in all solicitations and substantial number of small entities. Service Retirement and Insurance resultant contracts, other than personal Federalism Records, available at https:// services contracts with individuals. www.opm.gov/information- Therefore, no change has been made to We have examined this rule in management/privacy-policy/sorn/opm- the final rule based on this comment. accordance with Executive Order 13132, sorn-central-1-civil-service-retirement- The commenter stated that FAR Federalism, and have determined that and-insurance-records.pdf. Clause 52.204–9, captioned ‘‘Personnel this rule will not have any negative Identity Verification of Contractor impact on the rights, roles and List of Subjects in 48 CFR Parts 1603 Personnel’’ applies to experience rated responsibilities of state, local, or tribal and 1652 carrier contracts based on their use of governments. Government employees, Government OPM’s letter of credit system but Civil Justice Reform procurement, Health insurance, suggested that the clause does not apply Reporting and recordkeeping to community rated carriers. OPM This regulation meets the applicable requirements. agrees with this comment. Accordingly, standard set forth in Executive Order the ‘‘T’’ has been removed from 12988. Office of Personnel Management. community rated carrier contracts Alexys Stanley, Unfunded Mandates Reform Act of column of the matrix for this clause. Regulatory Affairs Analyst. 1995 The commenter recommended that Accordingly, OPM amends title 48, we adopt FAR 52.204–23 (Prohibition This rule will not result in the Code of Federal Regulations, parts 1603 on Contracting for Hardware, Software, expenditure by state, local, and tribal and 1652, as follows: and Services Developed or Provided by governments, in the aggregate, or by the Kaspersky Lab and Other Covered private sector, of $100 million or more PART 1603—IMPROPER BUSINESS Entities) for both community rated and in any year and it will not significantly PRACTICES AND PERSONAL experience rated carrier contracts. We or uniquely affect small governments. CONFLICTS OF INTEREST agree that this is an appropriate change, Therefore, no actions were deemed ■ 1. The authority citation for part 1603 so we have added the clause to the necessary under the provisions of the continues to read as follows: matrix for both experience rated and Unfunded Mandates Reform Act of community rated carrier contracts. 1995. Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); The commenter also proposed that we 48 CFR 1.301. Congressional Review Act update the FEHBAR Truth in ■ 2. In § 1603.7002, paragraph (e) is Negotiations Act (TINA) threshold. The This action pertains to agency revised to read as follows: FEHBAR contract clauses that reference management, personnel, and the TINA dollar threshold state that the organization and does not substantially 1603.7002 Additional guidelines. threshold shall be adjusted by the same affect the rights or obligations of no * * * * * amount and at the same time as any agency parties and, accordingly, is not (e)(1) Not give instructions on change to the threshold for application a ‘‘rule’’ as that term is used by the enrollment. Statements on enrollment of the Truth in Negotiations Act Congressional Review Act (Subtitle E of procedures, requirements, or eligibility pursuant to 41 U.S.C. 254b(a)(7). the Small Business Regulatory shall be limited to those such as: To sign Therefore, the clauses are self-updating Enforcement Fairness Act of 1996 up, fill out a Health Benefits Election and there is no need to further update (SBREFA). Therefore, the reporting Form (Standard Form 2809) from your the FEHBAR. requirement of 5 U.S.C. 801 does not personnel office indicating the apply. enrollment you want or use your Regulatory Impact Analysis agency’s electronic enrollment system. Executive Orders 12866 and 13563 Paperwork Reduction Act (2) The enrollment codes for (plan’s direct agencies to assess all costs and Notwithstanding any other provision name) are: benefits of available regulatory of law, no person is required to respond (i) Self Only ll Enrollment Code ll alternatives and, if regulation is to, nor shall any person be subject to a (i) Self Plus One ll Enrollment Code necessary, to select regulatory penalty for failure to comply with a ll

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(iii) Self and Family ll Enrollment PART 1652—CONTRACT CLAUSES contract or contract renewal will Code ll include the clauses indicated. ■ 3. The authority citation for part 1652 (b) Certain contract clauses are (3) The form must then be returned to continues to read as follows: mandatory for FEHBP contracts. Other your personnel office before the (date) Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); clauses are to be used only when made deadline. Your (plan’s name) coverage 48 CFR 1.301. applicable by pertinent sections of the will begin the first pay period in ■ FAR or FEHBAR. An ‘‘M’’ in the ‘‘Use January, (year). If you are a retired 4. Section 1652.370 is revised to read as follows Status’’ column indicates that the clause Federal employee and need forms, is mandatory. An ‘‘A’’ indicates that the contact the Office of Personnel 1652.370 Use of the matrix. clause is to be used only when the Management, 1900 E Street NW, Attn: (a) The matrix in this section lists the applicable conditions are met. Retirement Benefits Branch, FAR and FEHBAR clauses to be used (c) Clauses are incorporated in the Washington, DC 20415 or visit with contracts based on cost analysis contract either in full text or by www.opm.gov/forms. and contracts based on a combination of reference. If the full text is to be used, * * * * * cost and price analysis. Carriers shall the matrix indicates a ‘‘T’’. If the clause submit initial applications and requests is incorporated by reference, the matrix for renewals on the basis that the new indicates an ‘‘R’’.

FEHBP CLAUSE MATRIX

Use with Use with Clause Title Use status experience community rated contracts rated contracts

FAR 52.202–1 ...... Definitions ...... M T T FAR 52.203–3 ...... Gratuities ...... M T T FAR 52.203–5 ...... Covenant Against Contingent Fees ...... M T T FAR 52.203–7 ...... Anti-Kickback Procedures ...... M T T FAR 52.203–12 ...... Limitation on Payments to Influence Certain Federal Trans- M T T actions. FAR 52.203–13 ...... Contractor Code of Business Ethics and Conduct ...... M T T FAR 52.203–17...... Contractor Employee Whistleblower Rights and Require- M T T ment to Inform Employees of Whistleblower Rights. FAR 52.203–19 ...... Prohibition Requiring Internal Confidentiality Agreements or M T T Statements. FAR 52.204–7 ...... System For Award Management ...... M T T FAR 52.204–9 ...... Personnel Identity Verification of Contractor Personnel ...... M T ...... FAR 52.204–21 ...... Basic Safeguarding of Contractor Information Systems ...... M T T FAR 52.204–23...... Prohibition on Contracting for Hardware, Software, and M T T Services Developed or Provided by Kaspersky Lab and Other Covered Entities. FAR 52.209–9...... Updates of Publicly Available Information Regarding Re- M T ...... sponsibility Matters. 1652.203–70 ...... Misleading, Deceptive, or Unfair Advertising ...... M T T 1652.204–70 ...... Contractor Records Retention ...... M T T 1652.204–71 ...... Coordination of Benefits ...... M T T 1652.204–72 ...... Filing Health Benefit Claims/Court Review of Disputed M T T Claims. 1652.204–73 ...... Taxpayer Identification Number ...... M T T 1652.204–74 ...... Large Provider Agreements ...... M T ...... FAR 52.209–6 ...... Protecting the Government’s Interest When Subcontracting M T T With Contractors Debarred, Suspended, or Proposed for Debarment. FAR 52.215–2 ...... Audit & Records—Negotiation ...... M T T FAR 52.215–10 ...... Price Reduction for Defective Cost or Pricing Data ...... M T ...... FAR 52.215–12 ...... Subcontractor Certified Cost or Pricing Data ...... M T ...... FAR 52.215–15 ...... Pension Adjustments and Asset Reversions ...... M T ...... FAR 52.215–18 ...... Reversion or Adjustment of Plans for Postretirement Bene- M T ...... fits (PRB) Other Than Pensions. 1652.215–70 ...... Rate Reduction for Defective Pricing or Defective Cost or M T T Pricing Data. 1652.215–71 ...... Investment Income ...... M T ...... 1652.216–70 ...... Accounting and Price Adjustment ...... M ...... T 1652.216–71 ...... Accounting and Allowable Cost ...... M T ...... FAR 52.219–8 ...... Utilization of Small Business Concerns ...... M T T FAR 52.222–1 ...... Notice to the Government of Labor Disputes ...... M T T FAR 52.222–3 ...... Convict Labor ...... M T T FAR 52.222–4 ...... Contract Work Hours and Safety Standards Act—Overtime M T T Compensation. FAR 52.222–21 ...... Prohibition of Segregated Facilities ...... M T T FAR 52.222–26 ...... Equal Opportunity ...... M T T FAR 52.222–29 ...... Notification of Visa Denial ...... A T T FAR 52.222–35 ...... Equal Opportunity for Veterans ...... M T T FAR 52.222–36 ...... Equal Opportunity for Workers With Disabilities ...... M T T

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FEHBP CLAUSE MATRIX—Continued

Use with Use with Clause Title Use status experience community rated contracts rated contracts

FAR 52.222–37 ...... Employment Reports on Veterans ...... M T T FAR 52.222–50 ...... Combating Trafficking in Persons ...... M T T FAR 52.222.54 ...... Employment Eligibility Verification ...... M T T 1652.222–70 ...... Notice of Significant Events ...... M T T FAR 52.223–6 ...... Drug-Free Workplace ...... A T T FAR 52.223–18...... Encouraging Contractor Policies to Ban Text Messaging M T T While Driving. 1652.224–70 ...... Confidentiality of Records ...... M T T FAR 52.227–1 ...... Authorization and Consent ...... M T T FAR 52.227–2 ...... Notice and Assistance Regarding Patent and Copyright In- M T T fringement. FAR 52.229–4 ...... Federal, State and Local Taxes (State and local Adjust- M T T ments. 1652.229–70 ...... Taxes—Foreign Negotiated Benefits Contracts ...... A T T FAR 52.232–8 ...... Discounts for Prompt Payment ...... M T T FAR 52.232–17 ...... Interest ...... M T T FAR 52.232–23 ...... Assignment of Claims ...... A T T FAR 52.232–33 ...... Payment by Electronic Funds Transfer—System for Awards M T T Management. 1652.232–70 ...... Payments—Community-Rated Contracts ...... A ...... T 1652.232–71 ...... Payments—Experience-Rated Contracts ...... A T ...... 1652.232–72 ...... Non-Commingling of FEHBP Funds ...... M T ...... 1652.232–73 ...... Approval for Assignment of Claims ...... M T T FAR 52.233–1 ...... Disputes ...... M T T FAR 52.233–4 ...... Applicable Law for Breach of Contract Claim ...... M T T FAR 52.239–1 ...... Privacy or Security Safeguards ...... M T T FAR 52.242–1 ...... Notice of Intent to Disallow Costs ...... M T ...... FAR 52.242–3 ...... Penalties for Unallowable Costs ...... M T ...... FAR 52.242–13 ...... Bankruptcy ...... M T T 1652.243–70 ...... Changes—Negotiated Benefits Contracts ...... M T T FAR 52.244–5 ...... Competition in Subcontracting ...... M T ...... FAR 52.244–6 ...... Subcontracts for Commercial Items ...... M T ...... 1652.244–70 ...... Subcontracts ...... M T ...... 1652.245–70 ...... Government Property (Negotiated Benefits Contracts) ...... M T T FAR 52.246–25 ...... Limitation of Liability—Services ...... M T ...... 1652.246–70 ...... FEHB Inspection ...... M T T FAR 52.247–63 ...... Preference for U.S.-Flag Air Carriers ...... M T T 1652.249–70 ...... Renewal and Withdrawal of Approval ...... M T T 1652.249–71 ...... FEHBP Termination for Convenience of the Government— M T T Negotiated Benefits Contracts. 1652.249–72 ...... FEHBP Termination for Default—Negotiated Benefits Con- M T T tracts. FAR 52.251–1 ...... Government Supply Sources ...... A T ...... FAR 52.252–4 ...... Alterations in Contract ...... A T T FAR 52.252–6 ...... Authorized Deviations in Clauses ...... M T T

[FR Doc. 2020–06015 Filed 3–24–20; 8:45 am] BILLING CODE 6325–63–P

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DEPARTMENT OF COMMERCE rule to implement harvest specifications associated with their tier assignment(s). and management measures for the Regulations at § 660.231(b)(3)(iv) allow National Oceanic and Atmospheric 2019–2020 biennium for most species vessels fishing in the sablefish primary Administration managed under the PCGFMP on fishery with a permit from the IPHC to December 12, 2018 (83 FR 63970). retain halibut up to a set landing limit, 50 CFR Part 660 In general, the management measures which may be reviewed and modified throughout the sablefish primary fishery [Docket No. 180625576–8999–02] set at the start of the biennial harvest specifications cycle help the various season to allow for attainment but not RIN 0648–BJ68 sectors of the fishery reach, but not exceedance of the Pacific halibut exceed, the annual catch limit (ACL) for allocation. Magnuson-Stevens Act Provisions; each stock. The Council, in coordination Recent Incidental Halibut Catch in the Fisheries Off West Coast States; with Pacific Coast Treaty Indian Tribes Primary Sablefish Fishery Pacific Coast Groundfish Fishery; and the States of Washington, Oregon, 2019–2020 Biennial Specifications and and California, recommends On April 29, 2019, NMFS Management Measures; Inseason adjustments to the management implemented a 2019 Area 2A Pacific Adjustments measures during the fishing year to halibut TAC of 1,500,000 lb [680.4 mt] AGENCY: National Marine Fisheries achieve this goal. At its March 3–9, and a 2019 Pacific halibut incidental Service (NMFS), National Oceanic and 2020, meeting, the Council catch limit of 70,000 lb [31.8 mt] for the Atmospheric Administration (NOAA), recommended decreasing the amount of limited entry fixed gear sablefish Commerce. Pacific halibut that vessels in the primary fishery north of Point Chehalis, sablefish primary fishery north of Point WA (84 FR 17960; April 29, 2019). For ACTION: Final rule; inseason adjustments Chehalis, Washington (WA) may take the start of the 2019 primary sablefish to biennial groundfish management incidentally to ensure that catch of fishery, the incidental halibut landing measures. Pacific halibut stays within the limit was 200 lb [91 kg] dressed weight SUMMARY: This final rule announces allocated amount. of halibut, for every 1,000 lb [454 kg] routine inseason adjustments to the The Council developed a Catch dressed weight of sablefish landed, and harvest limits for incidental halibut Sharing Plan for the International up to an additional two halibut in retention in the primary sablefish Pacific Halibut Commission (IPHC) excess of this limit (October 9, 2018; 83 fishery. Regulatory Area 2A, as provided for in FR 50510). At the June 2019 Council the Northern Pacific Halibut Act of meeting, the Council approved an DATES: Effective March 25, 2020. 1982. The Catch Sharing Plan allocates increase in the landing limit to allow for FOR FURTHER INFORMATION CONTACT: the Area 2A annual total allowable full utilization of the incidental catch Karen Palmigiano, phone: 206–526– catch (TAC) for Pacific halibut among limit. NMFS published a rule on August 4491 or email: karen.palmigiano@ fisheries off Washington, Oregon, and 2, 2019 (84 FR 37780) that raised the noaa.gov. California. Pacific halibut is generally a landing limit to 250 lb [113 kg] dressed SUPPLEMENTARY INFORMATION: prohibited species for vessels fishing in weight of halibut per 1,000 lb [454 kg] Pacific coast groundfish fisheries, unless dressed weight of sablefish landed, and Electronic Access explicitly allowed in groundfish up to an additional two halibut in This rule is accessible via the internet regulations. excess of this limit. At the time the at the Office of the Federal Register Under the Catch Sharing Plan, the Council recommended the 250 lb [113 website at https:// primary sablefish fishery north of Point kg] limit, the model predicted that total www.federalregister.gov. Background Chehalis, WA (46°53.30′ N lat.) is Pacific halibut catch in the primary information and documents are allocated any excess portion of the sablefish fishery would be 54,214 lb available at the Pacific Fishery Washington recreational allocation [24.6 mt], or 77.4 percent of the 2019 Management Council’s website at http:// above 214,110 lbs [97.1 metric tons (mt)] incidental limit. www.pcouncil.org/. up to 50,000 pounds [22.7 mt] provided At the March 2020 Council meeting, a minimum of 10,000 lbs [4.5 mt] is the Groundfish Management Team Background available. If the Area 2A catch limit is (GMT) informed the Council that the The Pacific Coast Groundfish Fishery 1.5 million pounds [680.4 mt] or more, sablefish primary fishery north of Pt. Management Plan (PCGFMP) and its the maximum allocation increases to Chehalis, WA exceeded its 70,000 lb implementing regulations at title 50 in 70,000 lbs [31.8 mt]. If the amount [31.8 mt] allowance for Pacific halibut the Code of Federal Regulations (CFR), above 214,110 lbs [97.1 mt] is less than in 2019 by 13 percent, or 9,360 lb [4,246 part 660, subparts C through G, regulate 10,000 lbs [4.5 mt] or greater than kg]. Incidental catch likely exceeded the fishing for over 90 species of groundfish 50,000 lbs [22.7 mt] (or 70,000 lbs [31.8 limit because there were more trips off the coasts of Washington, Oregon, mt]), the excess is allocated back to the where vessels were catching a higher and California. The Pacific Fishery Washington recreational fisheries. percentage of the incidental trip limit Management Council (Council) The sablefish primary fishery season after it was raised in August 2019 develops groundfish harvest is open from April 1 to October 31, (Table 1). This table demonstrates a specifications and management though the fishery may close for significant shift in the number of trips measures for two-year periods (i.e., a individual participants prior to October (from 20 to 44) that retained 75 percent biennium). NMFS published the final 31 once they reach the cumulative limit or more of the incidental halibut limit.

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TABLE 1—NUMBER OF TRIPS IN 2019 BY TRIP LIMIT AND PERCENTAGE OF THE INCIDENTAL HALIBUT LIMIT ATTAINED

Incidental halibut Vessel landing by percentage of the incidental halibut limit retention amount 0–50 percent 50–75 percent 75–90 percent 90–100 percent

200 lb [91 kg]—limit before August 2019 ...... 44 3 7 13 250 lb [113 kg]—limit after August 2019 ...... 25 5 14 30

The increase in trips with vessels halibut landing limit increased from 13 limit in 2019 did not accurately predict catching more of the incidental halibut trips out of 67 trips (19 percent of trips) this change in fishery behavior. In limit once the limit was raised in before the trip limit was increased to 30 general, due to the volatility in Pacific August 2019 could be indicative of trips out of 104 trips (29 percent of halibut landings from year-to-year in the vessels targeting Pacific halibut. The trips) after the trip limit was increased primary sablefish fishery (see Table 2), number of trips with vessels catching to 250 lb [113 kg]. The modeling efforts it can be difficult to model projected more than 90 percent of the incidental that supported the change in the landing landings accurately.

TABLE 2—INCIDENTAL HALIBUT LIMITS AND LANDINGS IN THE PRIMARY SABLEFISH FISHERY FROM 2014–2019

Incidental limit Landings in net Percent in net weight weight attainment (lb) (lb) of limit

2019 ...... 70,000 79,360 113 2018 ...... 50,000 43,716 87 2017 ...... 70,000 35,866 51 2016 ...... 49,686 29,448 59 2015 ...... 10,348 9,763 94 2014 ...... 14,274 12,067 85

The 2020 incidental halibut limit for incidental halibut catch limit. The limit Pursuant to 5 U.S.C. 553(b), NMFS the sablefish primary fishery is 70,000 will be reduced from 250 lb [113 kg] finds good cause to waive prior public lb [31.8 mt] (March 13, 2020; 85 FR dressed weight of halibut for every notice and an opportunity for public 14586). If the current incidental halibut 1,000 lb [454 kg] dressed weight of comment on this action, as notice and limit were to remain in place, the GMT’s sablefish landed and up to two comment would be impracticable and model projects halibut landings in the additional halibut in excess of the 250 contrary to the public interest. The sablefish primary fishery north of Point lb [113 kg] per 1,000 lb [454 kg] limit sablefish primary fishery opens on April Chehalis, WA would likely exceed the per landing to 200 lb [91 kg] dressed 1. Management and enforcement of the incidental halibut allocation again in weight of halibut for every 1,000 lb [454 incidental landing limit will be easier 2020. Therefore, industry requested the kg] dressed weight of sablefish landed for participants if the new limit is in GMT analyze a lower landing limit to and up to two additional halibut in place for the start of the season, rather ensure attainment stays within the excess of the 200 lb [91 kg] per 1,000 lb than a few weeks in as would be the allocation for halibut in the sablefish [454 kg] limit per landing. We expect case if implementation of this rule was primary fishery. The GMT analyzed a that this decrease will allow total catch delayed. No aspect of this action is limit of 200 lb [91 kg] dressed weight of of Pacific halibut to approach, but not controversial, and changes of this nature halibut, for every 1,000 lb [454 kg] exceed, the 2020 allocation for the were anticipated in the final rule for the dressed weight of sablefish landed. sablefish primary fishery north of Point 2019–2020 harvest specifications and Under this limit, the highest projected Chehalis, WA (70,000 lb or 31.8 mt) and management measures which published attainment would be 71,500 lb [32.43 provide opportunity for industry to on December 12, 2018 (83 FR 63970). At its March 2020 meeting, the mt]. However, this is likely an attain a high percentage of the sablefish overestimate as data suggests the lower Council recommended the decrease to primary fishery allocation. incidental trip limit will likely deter the incidental halibut retention limit for vessels from targeting halibut while Classification vessels fishing in the sablefish primary fishing in the primary sablefish fishery. fishery north of Point Chehalis be Additionally, the GMT has the ability to This action is taken under the implemented as soon as possible so that track incidental catch of halibut authority of 50 CFR 660.60(c) and the the limit is in place for the start of the inseason and can recommend the Northern Pacific Halibut Act of 1982 fishery on April 1, 2020. New catch data Council adjust the limit through and is exempt from review under through 2019 that was not available and additional inseason action if necessary Executive Order 12866. The aggregate thus not considered during the 2019– to ensure the incidental catch of Pacific data upon which these actions are based 2020 biennial harvest specifications halibut attains but does not exceed the are available for public inspection by process, projects that maintaining the 2020 allocation. contacting Karen Palmigiano in NMFS status quo limit of 250 lb (113 kg) for Therefore, in order to allow incidental West Coast Region (see FOR FURTHER incidental halibut retention would halibut catch in the sablefish primary INFORMATION CONTACT, above), or view at likely result in the sablefish primary fishery, the Council recommended and the NMFS West Coast Groundfish fishery north of Point Chehalis, WA NMFS is revising incidental halibut website: http:// exceeding its 2020 allocation. Reducing retention regulations at www.westcoast.fisheries.noaa.gov/ the limit will likely result in less § 660.231(b)(3)(iv) to decrease the fisheries/groundfish/index.html. targeting than may have taken place late

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in 2019 and, therefore, help ensure the (46°53.30′ N. lat.). From April 1 through 0102, click the ‘‘Comment Now!’’ icon, 2020 allocation is not exceeded. October 31, vessels authorized to complete the required fields, and enter Delaying implementation to allow for participate in the sablefish primary or attach your comments. public comment could result in fishery, licensed by the International • Mail: Address written comments to confusion amongst industry if the new Pacific Halibut Commission for Glenn Merrill, Assistant Regional limit is implemented shortly after the commercial fishing in Area 2A (waters Administrator, Sustainable Fisheries start of the season on April 1. off Washington, Oregon, California), and Division, Alaska Region NMFS, Attn: Additionally, if the new limit is not fishing with longline gear north of Pt. Records Office. Mail comments to P.O. implemented until closer to the end of Chehalis, WA (46°53.30′ N. lat.) may Box 21668, Juneau, AK 99802–1668. the season after a full rulemaking the possess and land up to 200 pounds (91 Instructions: Comments sent by any sablefish primary fishery north of Point kg) dressed weight of Pacific halibut for other method, to any other address or Chehalis would likely exceed its 2020 every 1,000 pounds (454 kg) dressed individual, or received after the end of allocation of halibut. Therefore, weight of sablefish landed and up to 2 the comment period, may not be providing a comment period for this additional Pacific halibut in excess of considered by NMFS. All comments action could limit the benefits to the the 200-pounds-per-1,000-pound limit received are a part of the public record fishery, and the vessels that participate per landing. ‘‘Dressed’’ Pacific halibut and NMFS will post the comments for in it as they rely on the halibut retention in this area means halibut landed public viewing on www.regulations.gov allowance throughout the entire season. eviscerated with their heads on. Pacific without change. All personal identifying Therefore, the NMFS finds reason to halibut taken and retained in the information (e.g., name, address, etc.), waive the 30-day delay in effectiveness sablefish primary fishery north of Pt. confidential business information, or pursuant to 5 U.S.C. 553(d)(1) so that Chehalis may only be landed north of otherwise sensitive information this final rule may become effective Pt. Chehalis and may not be possessed submitted voluntarily by the sender will upon publication in the Federal or landed south of Pt. Chehalis. be publicly accessible. NMFS will Register. The adjustments to * * * * * accept anonymous comments (enter management measures in this document [FR Doc. 2020–06268 Filed 3–24–20; 8:45 am] ‘‘N/A’’ in the required fields if you wish affect commercial fisheries by BILLING CODE 3510–22–P to remain anonymous). decreasing the incidental halibut FOR FURTHER INFORMATION CONTACT: Josh retention limit in the sablefish primary Keaton, 907–586–7228. fishery north of Point Chehalis, WA. DEPARTMENT OF COMMERCE This adjustment was requested by the SUPPLEMENTARY INFORMATION: NMFS Council’s advisory bodies, as well as National Oceanic and Atmospheric manages the groundfish fishery in the members of industry during the Administration GOA exclusive economic zone Council’s March 2020 meeting, and according to the Fishery Management recommended unanimously by the 50 CFR Part 679 Plan for Groundfish of the Gulf of Council. No aspect of this action is Alaska (FMP) prepared by the North [Docket No. 200221–0062; RTID 0648– Pacific Fishery Management Council controversial, and changes of this nature XY091] were anticipated in the biennial harvest under authority of the Magnuson- Stevens Fishery Conservation and specifications and management Fisheries of the Exclusive Economic Management Act. Regulations governing measures established through a notice Zone Off Alaska; Pollock in the West fishing by U.S. vessels in accordance and comment rulemaking for 2019–2020 Yakutat District in the Gulf of Alaska (82 FR 63970). with the FMP appear at subpart H of 50 AGENCY: National Marine Fisheries CFR part 600 and 50 CFR part 679. List of Subjects in 50 CFR Part 660 Service (NMFS), National Oceanic and The 2020 total allowable catch (TAC) Fisheries, Fishing, Indian fisheries. Atmospheric Administration (NOAA), of pollock in the West Yakutat District Dated: March 20, 2020. Commerce. of the GOA is 5,554 metric tons (mt) as established by the final 2020 and 2021 He´le`ne M.N. Scalliet, ACTION: Temporary rule; modification of harvest specifications for groundfish in Acting Director, Office of Sustainable closure Fisheries, National Marine Fisheries Service. the GOA (85 FR 13802, March 10, 2020). SUMMARY: NMFS is opening directed NMFS closed directed fishing for For the reasons set out in the fishing for pollock in the West Yakutat pollock in the West Yakutat District of preamble, 50 CFR part 660 is amended District of the Gulf of Alaska (GOA). the GOA under § 679.20(d)(1)(iii) on as follows: This action is necessary to fully use the March 13, 2020 (85 FR 15392, March 18, 2020 total allowable catch of pollock in 2020). PART 660—FISHERIES OFF WEST the West Yakutat District of the GOA. As of March 17, 2020, NMFS has COAST STATES DATES: Effective 1200 hours, Alaska determined that approximately 780 mt ■ 1. The authority citation for part 660 local time (A.l.t.), March 24, 2020, of pollock remains in the West Yakutat continues to read as follows: through 2400 hours, A.l.t., December 31, District of the GOA. Therefore, in 2020. Comments must be received at the accordance with § 679.25(a)(1)(i), Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. following address no later than 4:30 (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 773 et seq., and 16 U.S.C. 7001 et seq. p.m., A.l.t., April 7, 2020. utilize the 2020 TAC of pollock in the ■ 2. In § 660.231, revise paragraph ADDRESSES: You may submit comments West Yakutat District of the GOA, (b)(3)(iv) to read as follows: on this document, identified by FDMS NMFS is terminating the previous § 660.231 Limited entry fixed gear Docket Number NOAA–NMFS–2019– closure and is reopening directed sablefish primary fishery. 0102 by any of the following methods: fishing for pollock in the West Yakutat • * * * * * Electronic Submission: Submit all District of the GOA, effective 1200 (b) * * * electronic public comments via the hours, A.l.t., March 24, 2020. (3) * * * Federal e-Rulemaking Portal. Go to The Administrator, Alaska Region (iv) Incidental Pacific halibut www.regulations.gov/ (Regional Administrator) considered the retention north of Pt. Chehalis, WA #!docketDetail;D=NOAA-NMFS-2019- following factors in reaching this

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decision: (1) The catch of pollock in the interest as it would prevent NMFS from pollock in the West Yakutat District of West Yakutat District of the GOA and, responding to the most recent fisheries the GOA to be harvested in an expedient (2) the harvest capacity and stated intent data in a timely fashion and would manner and in accordance with the on future harvesting patterns of vessels delay the opening of directed fishing for regulatory schedule. Under in participating in this fishery. pollock in the West Yakutat District of § 679.25(c)(2), interested persons are the GOA. NMFS was unable to publish invited to submit written comments on Classification a notice providing time for public this action to the above address until This action responds to the best comment because the most recent, April 7, 2020. available information recently obtained relevant data only became available as This action is required by § 679.25 from the fishery. The Assistant of March 17, 2020. and is exempt from review under Administrator for Fisheries, NOAA The AA also finds good cause to Executive Order 12866. (AA), finds good cause to waive the waive the 30-day delay in the effective Authority: 16 U.S.C. 1801 et seq. requirement to provide prior notice and date of this action under 5 U.S.C. opportunity for public comment 553(d)(3). This finding is based upon Dated: March 20, 2020. pursuant to the authority set forth at 5 the reasons provided above for waiver of He´le`ne M.N. Scalliet, U.S.C. 553(b)(B) as such requirement is prior notice and opportunity for public Acting Director, Office of Sustainable impracticable and contrary to the public comment. Fisheries, National Marine Fisheries Service. interest. This requirement is Without this inseason adjustment, [FR Doc. 2020–06227 Filed 3–23–20; 8:45 am] impracticable and contrary to the public NMFS could not allow the fishery for BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 85, No. 58

Wednesday, March 25, 2020

This section of the FEDERAL REGISTER Instructions: Do not mail or express In U.S. Department of the Army, contains notices to the public of the proposed mail written comments if they have Corps of Engineers, Memphis District, issuance of rules and regulations. The been submitted via email. Interested Memphis, Tennessee, 52 FLRA 920 purpose of these notices is to give interested persons who mail or express mail (1997), the Authority considered persons an opportunity to participate in the written comments must submit an whether 18 U.S.C. 1913 limits Section rule making prior to the adoption of the final rules. original and 4 copies of each written 7131(d) of the Statute. The Authority comment, with any enclosures, on 81⁄2 found that even if certain union x 11 inch paper. Do not deliver your lobbying activities ‘‘are within the FEDERAL LABOR RELATIONS comments by hand, Federal Express, or definition of the items that Congress AUTHORITY courier. prohibited in 18 U.S.C. 1913,’’ Section FOR FURTHER INFORMATION CONTACT: 7102(1) of the Statute grants 5 CFR Part 2427 Emily Sloop, Chief, Case Intake and ‘‘employees, acting in their [FLRA Docket No. 0–PS–39] Publication, Federal Labor Relations representational capacity, . . . the right Authority, (202) 218–7740. to present the views of their labor Notice of Opportunity To Comment on SUPPLEMENTARY INFORMATION: In Case organization to Congress.’’ 52 FLRA at a Request for a General Statement of No. 0–PS–39, the Foundation requests 931–32. And because Section 7131(d) Policy or Guidance on Official Time for that the Authority issue a general provides that employees shall be Certain Lobbying Activities statement of policy or guidance granted official time in connection with concerning the use of official time under any matter covered by the Statute—such AGENCY: Federal Labor Relations Section 7131 of the Statute for lobbying as the matters in Section 7102(1)—the Authority. activities subject to 18 U.S.C. 1913. Authority concluded that Congress ACTION: Proposed issuance of a general Interested persons are invited to express ‘‘expressly authorized the use of statement of policy or guidance. their views in writing as to whether the appropriated funds for lobbying activities.’’ 52 FLRA at 933. SUMMARY: The Federal Labor Relations Authority should issue a general Authority (Authority) solicits written statement and, if it does, what the In its request, the Foundation asks the comments on a request from the Authority’s policy or guidance should Authority to issue a general statement of National Right to Work Legal Defense be. policy or guidance holding that Congress did not expressly authorize the Foundation (the Foundation) for a Proposed Guidance general statement of policy or guidance. use of appropriated funds for union To Heads of Agencies, Presidents of lobbying activities through the Statute, The Foundation asks the Authority to Labor Organizations, and Other issue a general statement of policy or and, therefore, the Statute does not Interested Persons: permit parties to bargain over, or union guidance concerning whether Section The Foundation has requested, under 7131 of the Federal Service Labor- representatives to use, official time for Section 2427.2(a) of the Authority’s lobbying activities that are subject to 18 Management Relations Statute (the rules and regulations (5 CFR 2427.2(a)), Statute) permits parties to bargain over, U.S.C. 1913. that the Authority issue a general Regarding the matters raised by the or union representatives to use, official statement of policy or guidance on time for lobbying activities that are Foundation, the Authority invites whether Section 7131 of the Statute written comments on whether issuance subject to Federal law. Comments are permits parties to bargain over, or union solicited on whether the Authority of a general statement of policy or representatives to use, official time for guidance is warranted, under the should issue a general statement of lobbying activities that are subject to 18 policy or guidance, and, if so, what the standards set forth in Section 2427.5 of U.S.C. 1913. Under Section 7131(d) of the Authority’s rules and regulations (5 Authority’s policy or guidance should the Statute, parties may negotiate any be. CFR 2427.5), and, if so, what the amount of official time that they agree Authority’s policy or guidance should DATES: To be considered, comments ‘‘to be reasonable, necessary, and in the be. must be received on or before April 24, public interest.’’ Section 1913 states, as 2020. relevant here, that Dated: March 17, 2020. Rebecca J. Osborne, ADDRESSES: You may send comments, [n]o part of the money appropriated by any which must include the caption enactment of Congress shall, in the absence Federal Register Liaison and Deputy Solicitor. ‘‘National Right to Work Legal Defense of express authorization by Congress, be used Member Abbott, Dissenting—PS–39 FR Foundation (Petitioner), Case No. 0–PS– directly or indirectly to pay for any personal Notice 39,’’ by one of the following methods: service, advertisement, telegram, telephone, • Email: [email protected]. letter, printed or written matter, or other The Federal Service Labor- device, intended or designed to influence in Include ‘‘National Right to Work Legal Management Relations Statute (Statute) any manner a Member of Congress, a calls upon the Authority to ‘‘provide Defense Foundation (Petitioner), Case jurisdiction, or an official of any government, No. 0–PS–39’’ in the subject line of the to favor, adopt, or oppose, by vote or leadership in establishing policies and message. otherwise, any legislation, law, ratification, guidance [in] matters under [our] • Mail or express mail: Emily Sloop, policy, or appropriation, whether before or Statute.’’ 1 Throughout its history, the Chief, Case Intake and Publication, after the introduction of any bill, measure, or Authority has issued general statements Federal Labor Relations Authority, resolution proposing such legislation, law, of policy or guidance when requested Docket Room, Suite 200, 1400 K Street ratification, policy, or appropriation. NW, Washington, DC 20424–0001. 18 U.S.C. 1913. 1 Section 7105(a)(1).

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and when appropriate under this oppose, by vote or otherwise, any negotiable, I would conclude that they Statutory mandate. legislation, law ratification, policy, or are not consistent with the E.O. and are Some circumstances warrant taking appropriation, whether before or after therefore no longer good law. the time to reach out to the labor- the introduction of any bill, measure, or [FR Doc. 2020–05992 Filed 3–24–20; 8:45 am] management relations community for resolution proposing such legislation, BILLING CODE 6727–01–P comment before issuing such a policy or law, ratification, policy, or guidance. But that is not always the appropriation.’’ Therefore, in reading case. Here, for example, seeking E.O. 13,837 and section 1913 together, comment from the labor-management it is clear that official time may not be DEPARTMENT OF TRANSPORTATION relations community will not change the granted for any activities ‘‘intended or fact that Authority precedent on the use designed to influence in any manner a Federal Aviation Administration of official time for lobbying activities Member of Congress . . . to favor, rests upon interpretations of the Statute adopt, or oppose, by vote or otherwise, 14 CFR Part 39 which can only be described as strained any legislation, law ratification, policy, and contorted and which run counter to or appropriation.’’ [Docket No. FAA–2020–0270; Product the plain language of an Executive At first glance, it would appear that Identifier 2019–SW–018–AD] Order 2 and the Statute.3 Executive Order 13,837 rests on an RIN 2120–AA64 Under these circumstances, seeking interpretation of 18 U.S.C. 1913 and that and waiting for comment serves no section 1913 provides an exception for Airworthiness Directives; Bell useful purpose. appropriated money to be used for Helicopter Textron, Inc. Helicopters The Authority and the U.S. Court of lobbying if there is an ‘‘express Appeals for the District of Columbia, authorization by Congress.’’ 9 On this AGENCY: Federal Aviation have held that ‘‘official time may only point, the U.S. Department of Justice, Administration (FAA), DOT. be granted to the extent that it is Office of Legal Counsel (OLC), has ACTION: Notice of proposed rulemaking consistent with all ‘applicable laws and issued two opinions.10 Those opinions (NPRM). regulations.’ ’’ 4 The Authority has also provide valuable perspective on the held that regulations issued pursuant to interplay between 18 U.S.C. 1913 and SUMMARY: The FAA proposes to adopt a statutory authority are to be accorded section 7102 but are flawed insofar as new airworthiness directive (AD) for the force and effect of law.5 Because they interpret our Statute. According to Bell Helicopter Textron, Inc. (Bell) E.O. 13,837 was issued pursuant to the OLC, Congress provided express Model 205B helicopters. This proposed President’s statutory authority to authorization in section 7102 for direct AD was prompted by flight testing and regulate the executive branch,6 it is (but not ‘‘grass roots’’ 11) lobbying— fatigue analysis results. This proposed accorded the force and effect of law and ‘‘present[ing] the views of the labor AD would require reducing the life limit affects the negotiability of proposals organization to heads of agencies and of certain tail rotor (T/R) blades and re- covered by the Statute. other officials of the executive branch of identifying them with a new part As relevant here, E.O. 13,837 states the Government, the Congress, or other number (P/N). The FAA is proposing that ‘‘[e]mployees may not engage in appropriate authorities.’’ 12 However, this AD to address the unsafe condition lobbying activities during paid time, those conclusions were premised on on these products. except in their official capacities as an interpretations of sections 7102 and DATES: The FAA must receive comments 7 employee,’’ and it directs agencies to 7131 (not 18 U.S.C. 1913) and Authority on this proposed AD by May 11, 2020. deny official time for ‘‘lobbying 13 precedent that I would jettison and ADDRESSES: activities in violation of section 1913 of You may send comments, are thus entitled to little deference in using the procedures found in 14 CFR title 18, United States Code.’’ 8 This light of E.O. 13,837. 11.43 and 11.45, by any of the following language closely parallels the plain Under these circumstances, I disagree methods: language of 18 U.S.C. 1913 which that any valuable purpose is served or • Federal eRulemaking Portal: Go to prohibits the use of appropriated funds insights are to be gained by seeking https://www.regulations.gov. Follow the to pay any federal employee for written comments on this question. instructions for submitting comments. lobbying activities. Specifically, section I would issue a general statement of • Fax: 202–493–2251. 1913 states that appropriated funds may policy that the plain language of E.O. • Mail: U.S. Department of not be used ‘‘directly or indirectly to 13,837 and 18 U.S.C. 1913 limits the Transportation, Docket Operations, pay for any [activities] . . . intended or scope of section 7131(d) of the Statute, M–30, West Building Ground Floor, designed to influence in any manner a such that, a proposal that would grant Room W12–140, 1200 New Jersey Member of Congress . . . or an official the use of official time for lobbying Avenue SE, Washington, DC 20590. of any government, to favor, adopt, or activities is nonnegotiable because it is • Hand Delivery: Deliver to Mail contrary to law. To the extent the cases address above between 9 a.m. and 5 2 Exec. Order No. 13,837, Ensuring Transparency, cited above support the notion that Accountability, and Efficiency in Taxpayer-Funded p.m., Monday through Friday, except Union Time Use, 83 FR 25,335, 25,337 (May 28, proposals permitting the use of official Federal holidays. 2018) (E.O. 13,837). time for lobbying activities are For service information identified in 3 Section 7131. this NPRM, contact Bell Helicopter 4 Assoc. of Civilian Technicians, Tony Kempenich 9 18 U.S.C. 1913; see also 2005 Memo, 29 Op. Mem’l Chapter 21 v. FLRA, 269 F.3d 1119, 1122 (DC O.L.C. at 181 (stating that 18 U.S.C. 1913 only Textron, Inc., P.O. Box 482, Fort Worth, Cir.) (2001) (quoting NFFE Local 2015, 41 FLRA applies ‘‘in the absence of express authorization by TX 76101; telephone 817–280–3391; fax 1158, 1185 (1991)). Congress’’). 817–280–6466; or at https:// 5 NFFE, Local 15, 30 FLRA 1046, 1070 (1988). 10 See Application of 18 U.S.C. 1913 to ‘‘Grass www.bellcustomer.com. You may view 6 E.O. 13,837, 83 FR at 25,335 (citing to 5 U.S.C. Roots’’ Lobbying, 29 Op. O.L.C. 179 (2005) (2005 the referenced service information at the 7301). 5 U.S.C. 7301 provides that ‘‘[t]he President Memo); Constraints Imposed by 18 U.S.C. 1913 on may prescribe regulations for the conduct of Lobbying Efforts, 13 Op. O.L.C. 300 (1989). FAA, Office of the Regional Counsel, employees in the executive branch.’’ 11 2005 Memo, 29 Op. O.L.C. at 181. Southwest Region, 10101 Hillwood 7 E.O. 13,837, 83 FR at 25,337. 12 2005 Memo at 184–85 (quoting section 7102). Pkwy, Room 6N–321, Fort Worth, TX 8 Id. at 25,338. 13 See fn. 8. 76177.

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Examining the AD Docket Model 205B helicopters. This service aircraft in air commerce by prescribing You may examine the AD docket on information specifies reducing the life regulations for practices, methods, and the internet at https:// limit of T/R blade P/N 212–010–750– procedures the Administrator finds www.regulations.gov by searching for 009 and 212–010–750–105 to 2,500 necessary for safety in air commerce. and locating Docket No. FAA–2020– hours TIS and assigning these blades a This regulation is within the scope of 0270; or in person at Docket Operations new dash number by vibro-etching a that authority because it addresses an between 9 a.m. and 5 p.m., Monday new P/N on the T/R blade data and unsafe condition that is likely to exist or through Friday, except Federal holidays. annotating the historical record card. develop on products identified in this rulemaking action. The AD docket contains this NPRM, any FAA’s Determination comments received, and other The FAA is proposing this AD after Regulatory Findings information. The street address for evaluating all the relevant information The FAA determined that this Docket Operations is listed above. and determining that the unsafe proposed AD would not have federalism Comments will be available in the AD condition described previously is likely implications under Executive Order docket shortly after receipt. to exist or develop in other products of 13132. This proposed AD would not FOR FURTHER INFORMATION CONTACT: the same type design. have a substantial direct effect on the Kuethe Harmon, Safety Management States, on the relationship between the Proposed AD Requirements Program Manager, DSCO Branch, national government and the States, or Compliance & Airworthiness Division, This proposed AD would require, on the distribution of power and FAA, 10101 Hillwood Pkwy., Fort before further flight, reducing the life responsibilities among the various Worth, TX 76177; telephone 817–222– limit of each affected T/R blade from levels of government. 5198; email [email protected]. 5,000 hours TIS to 2,500 hours TIS; re- For the reasons discussed above, I SUPPLEMENTARY INFORMATION: identifying the T/R blade P/N on its data certify this proposed regulation: plate by vibro-etching to change the last (1) Is not a ‘‘significant regulatory Comments Invited three digits of the existing P/N; creating action’’ under Executive Order 12866, The FAA invites you to send any a component history card or equivalent and written relevant data, views, or record; and revising the Airworthiness (2) Will not affect intrastate aviation arguments about this proposal. Send Limitations section of the maintenance in Alaska, and your comments to an address listed manual for your helicopter to annotate (3) Will not have a significant under the ADDRESSES section. Include the new P/N and revised life limit. economic impact, positive or negative, ‘‘Docket No. FAA–2020–0270; Product Finally, this proposed AD would on a substantial number of small entities Identifier 2019–SW–018–AD’’ at the prohibit installing any affected T/R under the criteria of the Regulatory beginning of your comments. The FAA blade that has not met the AD Flexibility Act. specifically invites comments on the requirements. List of Subjects in 14 CFR Part 39 overall regulatory, economic, environmental, and energy aspects of Costs of Compliance Air transportation, Aircraft, Aviation this NPRM. The FAA will consider all The FAA estimates that this proposed safety, Incorporation by reference, comments received by the closing date AD would affect 2 helicopters of U.S. Safety. and may amend this NPRM because of registry. The FAA estimates that The Proposed Amendment those comments. operators may incur the following costs The FAA will post all comments in order to comply with this AD. Labor Accordingly, under the authority received, without change, to https:// costs are estimated at $85 per work- delegated to me by the Administrator, www.regulations.gov, including any hour. the FAA proposes to amend 14 CFR part personal information you provide. The Determining the total hours TIS of a 39 as follows: FAA will also post a report T/R blade, re-identifying the P/N, and PART 39—AIRWORTHINESS summarizing each substantive verbal updating the helicopter records would DIRECTIVES contact received about this NPRM. take about 1 work-hour for each T/R blade, for an estimated cost of $170 per Discussion ■ 1. The authority citation for part 39 helicopter and $340 for the U.S fleet. continues to read as follows: The FAA proposes to adopt a new AD Replacing a T/R blade would take for Bell Model 205B helicopters with a about 8 work-hours and parts would Authority: 49 U.S.C. 106(g), 40113, 44701. T/R blade P/N 212–010–750–009 or cost about $29,110 for an estimated cost § 39.13 [Amended] 212–010–750–105 installed. Flight of $29,790 per T/R blade. ■ 2. The FAA amends § 39.13 by adding testing and fatigue analysis by Bell the following new airworthiness indicates that these part-numbered T/R Authority for this Rulemaking directive (AD): blades sustain greater loads when Title 49 of the United States Code installed on Bell Model 205B specifies the FAA’s authority to issue Bell Helicopter Textron, Inc.: Docket No. rules on aviation safety. Subtitle I, FAA–2020–0270; Product Identifier 2019– helicopters compared to their use on SW–018–AD. other model helicopters. The proposed section 106, describes the authority of actions are intended to prevent a T/R the FAA Administrator. Subtitle VII: (a) Comments Due Date blade remaining in service beyond its Aviation Programs, describes in more The FAA must receive comments by May fatigue life, resulting in failure of the T/ detail the scope of the Agency’s 11, 2020. R blade and subsequent loss control of authority. (b) Affected ADs the helicopter. The FAA is issuing this rulemaking under the authority described in None. Related Service Information Subtitle VII, part A, Subpart III, Section (c) Applicability The FAA reviewed Bell Helicopter 44701: General requirements. Under This AD applies to Bell Helicopter Textron, Textron Alert Service Bulletin No. that section, Congress charges the FAA Inc. Model 205B helicopters, certificated in 205B–98–27, dated June 1, 1998, for with promoting safe flight of civil any category, with a tail rotor (T/R) blade

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part number (P/N) 212–010–750–009 or 212– or lacking a principal inspector, the manager Transportation, Docket Operations, M– 010–750–105 installed. of the local flight standards district office/ 30, 1200 New Jersey Avenue SE, West certificate holding district office. (d) Subject Building Ground Floor, Room W12–140, Joint Aircraft System Component (JASC) (j) Related Information Washington, DC 20590–0001; telephone: Code: 6410, Tail Rotor Blades. (1) For more information about this AD, (202) 366–9826. You must identify FAA contact Kuethe Harmon, Safety Management Docket No. FAA–2019–0111; Airspace (e) Unsafe Condition Program Manager, DSCO Branch, Compliance Docket No. 19–ASO–23, at the This AD was prompted by flight testing & Airworthiness Division, FAA, 10101 beginning of your comments. You may and fatigue analysis that indicates that these Hillwood Pkwy., Fort Worth, TX 76177; also submit comments through the part-numbered T/R blades sustain greater telephone 817–222–5198; email internet at https://www.regulations.gov. loads when used on Bell Model 205B [email protected]. helicopters compared to their use on other (2) For service information identified in Comments on environmental and land model helicopters. The FAA is issuing this this AD, contact Bell Helicopter Textron, use aspects to should be directed to: AD to prevent a T/R blade from remaining in Inc., P.O. Box 482, Fort Worth, TX 76101; Carmen Lombardo, Natural Resource service beyond its fatigue life, resulting in telephone 817–280–3391; fax 817–280–6466; Manager, MCAS Cherry Point, NC failure of the T/R blade and subsequent loss or at https://www.bellcustomer.com. You 28533; telephone: (252) 466–5870; control of the helicopter. may view service information at the FAA, email: [email protected]. Office of the Regional Counsel, Southwest (f) Compliance Region, 10101 Hillwood Pkwy, Room 6N– FOR FURTHER INFORMATION CONTACT: Comply with this AD within the 321, Fort Worth, TX 76177. Sean Hook, Rules and Regulations compliance times specified, unless already Group, Office of Policy, Federal Issued on March 13, 2020. done. Aviation Administration, 800 Gaetano A. Sciortino, (g) Required Actions Independence Avenue SW, Washington, Deputy Director for Strategic Initiatives, DC 20591; telephone: (202) 267–8783. (1) Before further flight, determine the total Compliance & Airworthiness Division, hours time-in-service (TIS) of each T/R blade Aircraft Certification Service. SUPPLEMENTARY INFORMATION: and remove from service each T/R blade that [FR Doc. 2020–05749 Filed 3–24–20; 8:45 am] has accumulated 2,500 or more hours TIS. Authority for This Rulemaking For each T/R blade that has accumulated less BILLING CODE 4910–13–P The FAA’s authority to issue rules than 2,500 hours TIS, do the following: regarding aviation safety is found in (i) Re-identify the P/N on the T/R blade Title 49 of the United States Code. data plate by vibro-etching to change the last DEPARTMENT OF TRANSPORTATION three digits of the existing P/N as follows: Subtitle I, Section 106 describes the (A) For T/R blade P/N 212–010–750–009, Federal Aviation Administration authority of the FAA Administrator. re-identify the P/N as 212–010–750–111. Subtitle VII, Aviation Programs, (B) For T/R blade P/N 212–010–750–105, 14 CFR Part 73 describes in more detail the scope of the re-identify the P/N as 212–010–750–109. agency’s authority. (ii) Create a component history card or [Docket No. FAA–2019–0111; Airspace Docket No. 19–ASO–23] This rulemaking is promulgated equivalent record to reflect the change in P/ under the authority described in N for each T/R blade, and establish a life RIN 2120–AA66 limit of 2,500 hours TIS. Subtitle VII, Part A, Subpart I, Section (iii) Revise the Airworthiness Limitations 40103. Under that section, the FAA is Proposed Establishment of Restricted charged with prescribing regulations to Section of the maintenance manual or the Area R–5306F; Cherry Point, NC Instructions for Continued Airworthiness for assign the use of the airspace necessary your helicopter to establish a life limit of AGENCY: Federal Aviation to ensure the safety of aircraft and the 2,500 hours TIS for each T/R blade P/N 212– Administration (FAA), DOT. efficient use of airspace. This regulation 010–750–111 and 212–010–750–109. is within the scope of that authority as (2) Thereafter, except as provided in ACTION: Notice of proposed rulemaking paragraph (i) of this AD, no alternative life (NPRM). it would establish restricted area limits may be approved for T/R blade P/N airspace at Cherry Point, NC, to enhance 212–010–750–009 or 212–010–750–105. SUMMARY: This action proposes to aviation safety and accommodate (3) After the effective date of this AD, do establish restricted area R–5306F at essential U.S. Marine Corps training not install a T/R blade P/N 212–010–750–009 Marine Corps Air Station (MCAS) activities. or 212–010–750–105 on any Model 205B Cherry Point, NC. R–5306F would helicopter unless the part number has been extend from flight level (FL) 180 to FL Comments Invited changed and the life limit reduced in 290. The proposed restricted area would Interested parties are invited to accordance with this AD. overlie the existing restricted area R– participate in this proposed rulemaking (h) Special Flight Permit 5306A, and the adjacent Core Military by submitting such written data, views, Special flight permits are prohibited. Operations Area (MOA). Due to altitude or arguments as they may desire. constraints, the existing restricted Comments that provide the factual basis (i) Alternative Methods of Compliance airspace structure around MCAS Cherry (AMOCs) supporting the views and suggestions Point cannot fully support the training presented are particularly helpful in (1) The Manager, DSCO Branch, FAA, has requirements for current legacy aircraft developing reasoned regulatory the authority to approve AMOCs for this AD, as well as 4th and 5th generation aircraft if requested using the procedures found in 14 decisions on the proposal. Comments CFR 39.19. In accordance with 14 CFR 39.19, such as the F–35. In conjunction with are specifically invited on the overall send your request to your principal inspector R–5306A, the proposed restricted area regulatory, aeronautical, economic, or local Flight Standards District Office, as would provide realistic training to environmental, and energy-related appropriate. If sending information directly enable pilots and aircrews to counter aspects of the proposal. to the manager of the certification office, evolving threat nation warfare anti- Communications should identify both send it to the attention of the person aircraft capabilities. docket numbers (FAA Docket No. FAA– identified in paragraph (j)(1) of this AD. DATES: Comments must be received on Information may be emailed to: 9-ASW-190- 2019–0111; Airspace Docket No. 19– [email protected]. or before May 11, 2020. ASO–23) and be submitted in triplicate (2) Before using any approved AMOC, ADDRESSES: Send comments on this to the Docket Management System (see notify your appropriate principal inspector, proposal to the U.S. Department of ADDRESSES section for address and

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phone number). You may also submit tactics at the higher altitudes that would so minimal. Since this is a routine comments through the internet at be present in ‘‘real world’’ situations. matter that will only affect air traffic https://www.regulations.gov. Additional high-altitude restricted procedures and air navigation, it is Commenters wishing the FAA to airspace up to FL 290 is needed to certified that this proposed rule, when acknowledge receipt of their comments provide the realistic training promulgated, will not have a significant on this action must submit with those environment that pilots and aircrews economic impact on a substantial comments a self-addressed, stamped need to in order to qualify and remain number of small entities under the postcard on which the following proficient in tactics for the employment criteria of the Regulatory Flexibility Act. statement is made: ‘‘Comments to FAA of Precision Guided Munitions (PGM). Docket No. FAA–2019–0111; Airspace PGMs are weapon systems that are Environmental Review Docket No. 19–ASO–23.’’ The postcard released from higher altitudes and This proposal will be subjected to an will be date/time stamped and returned greater distances from the target than environmental analysis in accordance to the commenter. conventional unguided weapons. with FAA Order 1050.1F, All communications received on or In conjunction with existing restricted ‘‘Environmental Impacts: Policies and before the specified closing date for area R–5306A, the proposed R–5306F Procedures,’’ prior to any FAA final comments will be considered before would also provide the airspace needed regulatory action. taking action on the proposed rule. The to contain actual and simulated proposal contained in this action may deliveries of ordnance for training in List of Subjects in 14 CFR Part 73 be changed in light of comments tactics such as Close Air Support, Deep received. All comments submitted will Air Support, Suppression of Enemy Air Airspace, Prohibited Areas, Restricted be available for examination in the Defenses, etc. Areas. public docket both before and after the The Proposed Amendment closing date for comments. A report The Proposal summarizing each substantive public The FAA is proposing to amend 14 In consideration of the foregoing, the contact with FAA personnel concerned CFR part 73 to establish restricted area Federal Aviation Administration with this rulemaking will be filed in the R–5306F, Cherry Point, NC, to overlie proposes to amend 14 CFR part 73 as docket. the existing restricted area R–5306A, follows: and the adjacent Core Military Availability of NPRMs Operations Area (MOA). R–5306F PART 73—SPECIAL USE AIRSPACE An electronic copy of this document would extend from FL 180 to FL 290. may be downloaded through the The time of designation would be ■ 1. The authority citation for part 73 internet at https://www.regulations.gov. Monday through Friday, 0800 to 0000 continues to read as follows: Recently published rulemaking hours, local time; other times by documents can also be accessed through NOTAM. Authority: 49 U.S.C. 106(f), 106(g); 40103, the FAA’s web page at https:// In conjunction with R–5306A, R– 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, www.faa.gov/air_traffic/publications/ 5306F would provide the low-altitude to 1959–1963 Comp., p. 389. airspace_amendments/. high-altitude restricted airspace needed § 73.53 North Carolina [Amended] You may review the public docket to train in the variety of tactics as containing the proposal, any comments discussed above. ■ 2. Amend § 73.53 to read as follows: received and any final disposition in There are no current Air Traffic * * * * * person at the Dockets Office (see Service routes (i.e., jet routes or Q- R–5306F Cherry Point, NC [New] ADDRESSES section for address and routes) or preferential instrument flight phone number) between 9:00 a.m. and rules (IFR) routes that would be Boundaries. Beginning at lat. 35°23′16″ N, ° ′ ″ ° ′ ″ 5:00 p.m., Monday through Friday, impacted by the proposed restricted long. 76 34 39 W; to lat. 35 18 16 N, long. ° ′ ″ ° ′ ″ except federal holidays. An informal area. R–5306F would be joint-use 76 16 39 W; to lat. 35 04 31 N, long. 76°04′29″ W; to lat. 35°00′31″ N, long. docket may also be examined during special use airspace; meaning that the ° ′ ″ ° ′ ″ normal business hours at the office of restricted area would be returned to the 76 00 59 W; to lat. 35 00 22 N, long. 76°00′51″ W; thence southwest 3 NM from the Eastern Service Center, Federal controlling agency (FAA, Washington and parallel to the shoreline to lat. 34°40′16″ Aviation Administration, Room 210, ARTCC) on a real-time basis when not N, long. 76°24′45″ W; to lat. 34°40′41″ N, 1701 Columbia Ave., College Park, GA in use by the using agency. Supersonic long. 76°25′08″ W; to lat. 34°46′01″ N, long. 30337. flight would not be conducted in R– 76°29′59″ W; to lat. 35°08′01″ N, long. 5306F. Background 76°51′19″ W; to the point of beginning. Regulatory Notices and Analyses Designated altitudes. FL 180 to FL 290. The U.S. Marine Corps submitted a Time of designation. Monday through proposal to the FAA to expand the The FAA has determined that this Friday, 0800–0000L; other times by NOTAM. existing restricted airspace at MCAS proposed regulation only involves an Controlling agency. FAA, Washington Cherry Point, NC, because the altitude established body of technical ARTCC. constraints of the current airspace regulations for which frequent and Using agency. USMC, Commanding structure cannot fully support U.S. routine amendments are necessary to Officer, U.S. Marine Corps Air Station Cherry Marine Corps training and readiness keep them operationally current. It, Point, NC. requirements. The training shortfall therefore: (1) Is not a ‘‘significant * * * * * applies to current legacy aircraft but is regulatory action’’ under Executive more pronounced for 4th and 5th Order 12866; (2) is not a ‘‘significant Issued in Washington, DC, on March 16, generation aircraft, such as the F–35. rule’’ under Department of 2020. Specifically, the existing restricted area Transportation (DOT) Regulatory Scott M. Rosenbloom, R–5306A extends from the surface up Policies and Procedures (44 FR 11034; Acting Manager, Rules and Regulations to, but not including, FL 180. This February 26, 1979); and (3) does not Group. altitude constraint limits the ability to warrant preparation of a regulatory [FR Doc. 2020–05988 Filed 3–24–20; 8:45 am] conduct realistic training in a variety of evaluation as the anticipated impact is BILLING CODE 4910–13–P

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DEPARTMENT OF EDUCATION commenters should be careful to to provide services to consumers. The include in their comments only training and technical assistance are 34 CFR Chapter III information that they wish to make designed to improve the operation and publicly available. performance of programs and services [Docket ID ED–2020–OSERS–0009] FOR FURTHER INFORMATION CONTACT: for older individuals who are blind Proposed Priorities and Definitions— RoseAnn Ashby. Telephone: (202) 245– resulting in their enhanced Independent Living Services for Older 7258. Email: [email protected]. independence and self-sufficiency. Individuals Who Are Blind—Training If you use a telecommunications Program Authority: 29 U.S.C. 796j–1. and Technical Assistance device for the deaf (TDD) or a text Applicable Program Regulations: 34 telephone (TTY), call the Federal Relay CFR part 367. AGENCY: Office of Special Education and Service (FRS), toll free, at 1–800–877– PROPOSED PRIORITIES: This Rehabilitative Services, Department of 8339. document contains two proposed Education. SUPPLEMENTARY INFORMATION: priorities. ACTION: Proposed priorities and Invitation to Comment: We invite you Background: definitions. to submit comments regarding the Vision loss, due to such conditions as SUMMARY: The Assistant Secretary for proposed priorities and definitions. To diabetic retinopathy, cataracts, the Office of Special Education and ensure that your comments have glaucoma, and macular degeneration, Rehabilitative Services proposes maximum effect in developing the can greatly affect the ability of older priorities and definitions under the notice of final priorities and definitions, individuals to function independently Independent Living Services for Older we urge you to identify clearly the in the home and to participate fully in Individuals Who Are Blind (OIB) specific priorities and definitions that the community. As people lose vision, program, Catalog of Federal Domestic each comment addresses. they often isolate themselves and do not Assistance (CFDA) number 84.177Z. We invite you to assist us in believe that they can still maintain an The Assistant Secretary may use one or complying with the specific active, independent lifestyle. more of these priorities and definitions requirements of Executive Orders According to the Centers for Disease for competitions in fiscal year (FY) 2020 12866, 13563, and 13771 and their Control and Prevention’s 2016 National and later years. We take this action to overall requirement of reducing Health Interview Survey (NHIS),1 7.3 focus Federal financial assistance on an regulatory burden that might result from million American adults 65 years and identified national need. We intend the these proposed priorities and older report having vision loss. That priorities and definitions to improve the definitions. Please let us know of any number will increase significantly in the administration, operation, and further ways we could reduce potential coming decades, as nearly 75 million performance of the OIB program. costs or increase potential benefits Americans who make up the baby- while preserving the effective and boomer generation get older. According DATES: We must receive your comments efficient administration of the program. on or before April 24, 2020. to the American Foundation for the During and after the comment period, Blind,2 experts predict that by 2030, ADDRESSES: Submit your comments you may inspect all public comments rates of vision loss will double within through the Federal eRulemaking Portal about the proposed priorities and the country’s aging population. or via postal mail, commercial delivery, definitions by accessing Currently, Medicaid, Medicare, and or hand delivery. We will not accept Regulations.gov. You may also inspect private insurance do not provide comments submitted by fax or by email the comments in person in Room 5151, coverage for any rehabilitative services or those submitted after the comment PCP, 400 Maryland Avenue SW, or tools for individuals who are blind, period. To ensure that we do not receive Washington, DC, between the hours of such as white canes; assistive duplicate copies, please submit your 9:30 a.m. and 4:00 p.m., Eastern Time, technology, including computer comments only once. In addition, please Monday through Friday of each week software with text enlargement or text- include the Docket ID at the top of your except Federal holidays. to-speech capabilities; or everyday items comments. Assistance to Individuals with such as talking clocks, tactile • Federal eRulemaking Portal: Go to Disabilities in Reviewing the medication dispensers, and kitchen www.regulations.gov to submit your Rulemaking Record: On request we will safety items. Furthermore, insurance comments electronically. Information provide an appropriate accommodation does not provide coverage for on using Regulations.gov, including or auxiliary aid to an individual with a instruction in adaptive skills that will instructions for accessing agency disability who needs assistance to allow a person experiencing significant documents, submitting comments, and review the comments or other vision loss to perform the activities of viewing the docket, is available on the documents in the public rulemaking daily living (ADLs) that are necessary to site under ‘‘Help.’’ record for this document. If you want to an individual’s ability to remain in the • Postal Mail, Commercial Delivery, schedule an appointment for this type of home and community. or Hand Delivery: If you mail or deliver accommodation or auxiliary aid, please If an older individual with significant your comments about the proposed contact the person listed under FOR vision loss does not have the services, priorities and definitions, address them FURTHER INFORMATION CONTACT. to RoseAnn Ashby, U.S. Department of Purpose of Program: tools, or skills to perform ADLs, a Education, 400 Maryland Avenue SW, The purpose of this program is to nursing facility or in-home care may be Room 5151, Potomac Center Plaza provide training and technical the only options. According to the (PCP), Washington, DC 20202–2500. assistance to designated State agencies Department of Health and Human Privacy Note: The Department’s (DSAs)—the State agencies that provide Services, Administration for policy is to make all comments received vocational rehabilitation services to from members of the public available for individuals who are blind—that receive 1 See: https://afb.org/research-and-intiatives/past- initiatives/21st-century-agenda-aging-and-vision- public viewing in their entirety on the grant funding under the OIB program loss. Federal eRulemaking Portal at and to other service providers that 2 See: https://afb.org/research-and-initiatives/ www.regulations.gov. Therefore, receive OIB program funding from DSAs aging/special-report-aging-vision-loss.

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Community Living (HHS–ACL),3 the coordination, on an ongoing basis, with general topic areas in this proposed national average cost of care in a private other federally funded training and priority. The training and technical room within a nursing facility is $253 technical assistance projects, assistance must include, at a minimum, per day, $7,698 per month, or $92,376 particularly Department-funded the following activities: per year. Alternatively, the national projects, to ensure that training and (1) In each year of the project, provide average cost of in-home care is $20.50 technical assistance activities are a minimum of 10 webinars, podcasts, per hour. Therefore, services and complementary and non-duplicative. video conferences, teleconferences, or strategies that delay or eliminate the Proposed Priority 1—Independent other virtual methods on the four need for older individuals who are Living Services for Older Individuals general topic areas in this proposed blind, or who have low vision, to enter Who Are Blind (OIB) Training and priority to describe and disseminate a nursing home would be cost effective, Technical Assistance. information about emerging promising as would reducing the number of hours This proposed priority supports a practices. of in-home care these individuals cooperative agreement to establish an (2) Develop new information require to maintain their independence. OIB Training and Technical Assistance technology (IT) platforms or systems, or OIB services are provided to help Center (Center) to provide universal, modify existing platforms and systems, persons served under this program targeted, and intensive training and as follows: adjust to their blindness by increasing technical assistance to DSAs funded (i) Develop or modify, and maintain, their ability to care for their individual under the OIB program and to any a state-of-the-art IT platform sufficient needs. Therefore, it is essential that service providers that DSAs fund to to support webinars, podcasts, video DSAs responsible for providing these provide services directly to consumers. conferences, teleconferences, and other services and other service providers that The Center will develop and provide virtual methods of dissemination of receive OIB program funding from DSAs training and technical assistance in the information and training and technical to provide these services are able to following general topic areas: assistance; and effectively address this vital need. (a) Community outreach methods and (ii) Develop or modify, and maintain, We are proposing priority 1 to strategies to identify potential recipients a state-of-the-art archiving and establish an OIB Training and Technical of services. dissemination system that is open and Assistance Center (Center) to provide (b) Promising practices, including the available to the public, at no cost, and universal, targeted, and intensive development and dissemination of that provides a central location for later training and technical assistance to relevant materials to facilitate the use of training and technical assistance DSAs funded under the OIB program delivery of effective services. products, including course curricula, and to any service providers that DSAs (c) Program performance, including audiovisual materials, webinars, fund to provide services directly to data reporting and analysis. examples of emerging and promising consumers. (d) Financial and management practices related to the four general The Center will provide training and practices, including practices to ensure topic areas in this proposed priority, technical assistance in the following compliance with grant administration and any other training and technical areas identified by surveying the requirements. assistance products developed by the training and technical assistance needs To meet the requirements of this grantee and others. of DSAs: (a) Community outreach; (b) proposed priority, the Center must, at a Note: All products produced by the promising practices; (c) program minimum, conduct the following Center must meet government and performance; and (d) financial and activities: industry-recognized standards for management practices. (a) Annually provide intensive accessibility. Federal funding to OIB grantees is not training and technical assistance to a (c) Conduct outreach to DSAs so that enough, nor was it intended to be minimum of three DSAs or other service they are aware of, and can participate enough, to address all the service needs providers on the four general topic areas in, training and technical assistance of OIB consumers. Therefore, it is in this proposed priority. The technical activities. imperative that OIB grantees develop assistance must be— (d) Establish a community of effective strategies for collaborating with (1) Consistent with the project practice 4 that will act as a vehicle for other systems and professions that work activities and tailored to the specific communication, an exchange of with the OIB population. OIB grantees needs and challenges of the DSA or information among DSAs and other must be knowledgeable about available other service provider receiving service providers, and a forum for State and local resources and must intensive training and technical sharing the results of training and implement strategies to effectively assistance; technical assistance activities that are in leverage the use of those resources to (2) Provided under an agreement with progress or that have been completed. meet the service needs of OIB each DSA or other service provider that, (e) Facilitate a minimum of one in- consumers. at a minimum, details the purpose, person conference annually for the The second proposed priority focuses intended outcomes, and requirements purpose of dissemination of information on providing technical assistance to for subsequent evaluation of the training related to emerging promising practices DSAs, and other service providers that and technical assistance; and and ongoing technical assistance needs receive OIB program funding from DSAs (3) Assessed 90 days after completion and activities. to provide services to consumers, on to ensure that the DSAs and other (f) Communicate and coordinate, on partnering with other systems that work service providers receiving intensive an ongoing basis, with other federally with individuals who are aging and training and technical assistance are funded training and technical assistance individuals with disabilities to facilitate applying it effectively, and to address projects, particularly Department- the sharing of information and any issues or challenges in its funded projects, to ensure that training leveraging of resources. This will implementation. and technical assistance activities are require communication and (b) Provide a range of targeted training complementary and non-duplicative. and technical assistance and universal 3 See: https://longtermcare.acl.gov/costs-how-to- training and technical assistance 4 See: http://www.sedl.org/pubs/catalog/items/ pay/costs-of-care.html. products and services on the four dis104.html.

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(g) Conduct an evaluation to The Assistant Secretary proposes the applications through a notice in the determine the impact of the Center’s following definitions for this program. Federal Register. training and technical assistance on the We may apply one or more of these Executive Orders 12866, 13563, and definitions in any year in which this DSAs and other service providers that 13771 received the Center’s services. program is in effect. Proposed Priority 2—Identify and Intensive training and technical Regulatory Impact Analysis Demonstrate how Specific Technical assistance means training and technical Under Executive Order 12866, the Assistance Strategies Provided to OIB assistance provided to a DSA, or other Office of Management and Budget Grantees will Facilitate Collaboration service provider that receives OIB (OMB) determines whether this and Leveraging of Resources at the State program funding from a DSA to provide regulatory action is ‘‘significant’’ and, and Local Level. services, primarily on-site over an therefore, subject to the requirements of To meet the requirements of this extended period. Intensive training and the Executive order and subject to proposed priority, the Center must, at a technical assistance is based on an review by OMB. Section 3(f) of minimum, develop technical assistance ongoing relationship between the Executive Order 12866 defines a focused on partnerships to facilitate the training and technical assistance center ‘‘significant regulatory action’’ as an sharing of information and leveraging of staff and a DSA, or other service action likely to result in a rule that resources from other systems that work provider that receives OIB program may— with aging individuals and individuals funding from a DSA to provide services, (1) Have an annual effect on the with disabilities. under the terms of a signed intensive economy of $100 million or more, or These technical assistance strategies training and technical assistance adversely affect a sector of the economy, must be designed to improve the agreement. productivity, competition, jobs, the capacity of OIB grantee staff, and staff Targeted training and technical environment, public health or safety, or from other service providers that receive assistance means training and technical State, local, or Tribal governments or OIB program funding from DSAs to assistance based on needs common to communities in a material way (also provide services to the OIB population, one or more DSAs, or other service referred to as an ‘‘economically to acquire and develop the skills and providers that receive OIB program significant’’ rule); tools they need to help the OIB funding from DSAs to provide services, (2) Create serious inconsistency or population sustain and increase their on a time-limited basis and with a otherwise with an action taken or ability to live independently in their limited commitment of training and planned by another agency; homes and communities. technical assistance center resources. (3) Materially alter the budgetary Types of Priorities: Targeted training and technical impacts of entitlement grants, user fees, When inviting applications for a assistance are delivered through virtual or loan programs or the rights and competition using one or more or in-person methods tailored to the obligations of recipients thereof; or priorities, we designate the type of each identified needs of the participating (4) Raise novel legal or policy issues priority as absolute, competitive DSAs, or other service providers that arising out of legal mandates, the preference, or invitational through a receive OIB program funding from DSAs President’s priorities, or the principles notice in the Federal Register. The to provide services. stated in the Executive order. effect of each type of priority follows: OMB has determined that this Universal training and technical Absolute priority: Under an absolute proposed regulatory action is not a assistance means training and technical priority, we consider only applications significant regulatory action subject to assistance broadly available to DSAs, or that meet the priority (34 CFR review by OMB under section 3(f) of other service providers that receive OIB 75.105(c)(3)). Executive Order 12866. Competitive preference priority: program funding from DSAs to provide Under Executive Order 13771, for Under a competitive preference priority, services, and other interested parties each new rule that the Department we give competitive preference to an resulting in minimal interaction with proposes for notice and comment or application by (1) awarding additional training and technical assistance center otherwise promulgates that is a points, depending on the extent to staff. Universal training and technical significant regulatory action under which the application meets the priority assistance includes generalized Executive Order 12866 and that imposes (34 CFR 75.105(c)(2)(i)); or (2) selecting presentations, products, and related total costs greater than zero, it must an application that meets the priority activities available through a website or identify two deregulatory actions. For over an application of comparable merit through brief contact with the training FY 2020, any new incremental costs that does not meet the priority (34 CFR and technical assistance center staff. associated with a new regulation must 75.105(c)(2)(ii)). Final Priorities and Definitions: be fully offset by the elimination of Invitational priority: Under an We will announce the final priorities existing costs through deregulatory invitational priority, we are particularly and definitions in the Federal Register. actions. Because the proposed interested in applications that meet the We will determine the final priorities regulatory action is not significant, the priority. However, we do not give an and definitions after considering requirements of Executive Order 13771 application that meets the priority a responses to the proposed priorities and do not apply. preference over other applications (34 definitions and other information We have also reviewed this proposed CFR 75.105(c)(1)). available to the Department. This regulatory action under Executive Order PROPOSED DEFINITIONS: document does not preclude us from 13563, which supplements and Background: proposing additional priorities, explicitly reaffirms the principles, We propose the following definitions requirements, definitions, or selection structures, and definitions governing for use with these proposed priorities. criteria subject to meeting applicable regulatory review established in We propose these definitions to ensure rulemaking requirements. Executive Order 12866. To the extent that applicants have a clear Note: This document does not solicit permitted by law, Executive Order understanding of how we are using applications. In any year in which we 13563 requires that an agency— these terms. choose to use one or more of these (1) Propose or adopt regulations only Proposed Definitions: priorities and definitions, we invite upon a reasoned determination that

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their benefits justify their costs administering the Department’s and public or non-profit agencies and (recognizing that some benefits and programs and activities. organizations and institutions of higher costs are difficult to quantify); In addition, we have considered the education (IHEs) that have the capacity (2) Tailor its regulations to impose the potential benefits of this regulatory to provide training and technical least burden on society, consistent with action and have noted these benefits in assistance in the provision of obtaining regulatory objectives and the background section of this independent living services for older taking into account—among other things document. individuals who are blind and have demonstrated through their application and to the extent practicable—the costs Clarity of the Regulations of cumulative regulations; a capacity to provide the level of (3) In choosing among alternative Executive Order 12866 and the training and technical assistance regulatory approaches, select those Presidential memorandum ‘‘Plain necessary to meet the proposed approaches that maximize net benefits Language in Government Writing’’ priorities. We believe that the costs (including potential economic, require each agency to write regulations imposed on an applicant by the environmental, public health and safety, that are easy to understand. proposed priorities and definitions and other advantages; distributive The Secretary invites comments on would be limited to paperwork burden impacts; and equity); how to make these proposed priorities related to preparing an application and and definitions easier to understand, that the benefits of these proposed (4) To the extent feasible, specify including answers to questions such as priorities and definitions would performance objectives, rather than the the following: outweigh any costs incurred by the behavior or manner of compliance a • Are the requirements in the applicant. There are very few entities regulated entity must adopt; and proposed regulations clearly stated? that could provide the type of technical (5) Identify and assess available • Do the proposed regulations contain assistance the Center aims to provide. alternatives to direct regulation, technical terms or other wording that For these reasons these proposed including economic incentives—such as interferes with their clarity? priorities and definitions would not user fees or marketable permits—to • Does the format of the proposed impose a burden on a significant encourage the desired behavior, or regulations (grouping and order of number of small entities. provide information that enables the sections, use of headings, paragraphing, Paperwork Reduction Act of 1995: public to make choices. etc.) aid or reduce their clarity? The proposed priorities and definitions Executive Order 13563 also requires • Would the proposed regulations be contain information collection an agency ‘‘to use the best available easier to understand if we divided them requirements that are approved by OMB techniques to quantify anticipated into more (but shorter) sections? under OMB control number 1820–0018. present and future benefits and costs as • Could the description of the Intergovernmental Review: This accurately as possible.’’ The Office of proposed regulations in the program is subject to Executive Order Information and Regulatory Affairs of SUPPLEMENTARY INFORMATION section of 12372 and the regulations in 34 CFR OMB has emphasized that these this preamble be more helpful in part 79. One of the objectives of the techniques may include ‘‘identifying making the proposed regulations easier Executive order is to foster an changing future compliance costs that to understand? If so, how? intergovernmental partnership and a might result from technological • What else could we do to make the strengthened federalism. The Executive innovation or anticipated behavioral proposed regulations easier to order relies on processes developed by changes.’’ understand? State and local governments for We are issuing the proposed priorities To send any comments that concern coordination and review of proposed and definitions only on a reasoned how the Department could make these Federal financial assistance. determination that their benefits would proposed regulations easier to This document provides early justify their costs. In choosing among understand, see the instructions in the notification of our specific plans and alternative regulatory approaches, we ADDRESSES section. actions for this program. selected those approaches that would Regulatory Flexibility Act Assessment of Educational Impact maximize net benefits. The Department Certification: The Secretary certifies that believes that this regulatory action is this proposed regulatory action would In accordance with section 411 of the consistent with the principles in not have a significant economic impact General Education Provisions Act, 20 Executive Order 13563. on a substantial number of small U.S.C. 1221e–4, the Secretary We have also determined that this entities. The U.S. Small Business particularly requests comments on regulatory action would not unduly Administration Size Standards define whether these proposed regulations interfere with State, local, and Tribal ‘‘small entities’’ as for-profit or would require transmission of governments in the exercise of their nonprofit institutions with total annual information that any other agency or governmental functions. revenue below $7,000,000 or, if they are authority of the United States gathers or In accordance with both Executive institutions controlled by small makes available. orders, the Department has assessed the governmental jurisdictions (that are Accessible Format: Individuals with potential costs and benefits, both comprised of cities, counties, towns, disabilities can obtain this document in quantitative and qualitative, of this townships, villages, school districts, or an accessible format (e.g., Braille, large regulatory action. The potential costs special districts), with a population of print, audiotape, or compact disc) on are those resulting from statutory less than 50,000. request to the program contact person requirements and those we have The small entities that this proposed listed under FOR FURTHER INFORMATION determined as necessary for regulatory action would affect are State CONTACT.

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Electronic Access to This Document: text or Portable Document Format your search to documents published by The official version of this document is (PDF). To use PDF you must have the Department. the document published in the Federal Adobe Acrobat Reader, which is Mark Schultz, Register. You may access the official available free at the site. Commissioner, Rehabilitation Services edition of the Federal Register and the You may also access documents of the Administration, Delegated the Authority to Code of Federal Regulations at Department published in the Federal Perform the Functions and Duties of the www.govinfo.gov. At this site you can Register by using the article search Assistant Secretary for the Office of Special view this document, as well as all other feature at www.federalregister.gov. Education and Rehabilitative Services. documents of this Department Specifically, through the advanced [FR Doc. 2020–06060 Filed 3–24–20; 8:45 am] published in the Federal Register, in search feature at this site, you can limit BILLING CODE 4000–01–P

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Notices Federal Register Vol. 85, No. 58

Wednesday, March 25, 2020

This section of the FEDERAL REGISTER Submission Information, subsection C. grants of $20,000 or less, that are not contains documents other than rules or Submission Dates and Times, paragraph funded by State allocations can be proposed rules that are applicable to the (1)(a)(ii) amend the language to: 4:30 submitted to the National Office to public. Notices of hearings and investigations, p.m. local time on April 15, 2020. compete against grant applications of committee meetings, agency decisions and In the third column on page 45716, $20,000 or less from other States at a rulings, delegations of authority, filing of petitions and applications and agency under Section IV Application and national competition. statements of organization and functions are Submission Information, subsection C. In the first column on page 45718, examples of documents appearing in this Submission Dates and Times, paragraph under section V. Application Review section. (1)(b) amend the language to: For Information, subsection B. Review and applicants requesting a grant only of Selection Process, paragraph (1)(c) over $20,000 (unrestricted) or a amend the first sentence to read: DEPARTMENT OF AGRICULTURE combination grant and guaranteed loan Eligible applications for renewable where the grant request is greater than energy system and energy efficiency Rural Business-Cooperative Service $20,000, complete applications must be improvements, regardless of the amount received no later than 4:30 p.m. local of the funding request, received by April Notice of Solicitation of Applications time on April 15, 2020. 15, 2020, can compete for unrestricted (NOSA) for the Rural Energy for In the third column of the table on grant funds. America Program for Fiscal Year (FY) page 45716, amend the Application In the second column on page 45718, 2020; Amendment window closing dates for the Renewable under section V. Application Review AGENCY: Rural Business-Cooperative Energy Systems and Energy Efficiency Information, subsection B. Review and Service, USDA (Rural Development). Improvements Grants ($20,000 or less Selection Process, paragraph (1) amend ACTION: Notice of solicitation of grant and guaranteed loan where the paragraph (d) to read: National applications; amendment. grant request is $20,000 or less unrestricted grant funds for all eligible competing for the remaining set aside renewable energy system and energy SUMMARY: The Rural-Business funds) to April 15, 2020*. efficiency improvements grant Cooperative Service (the Agency) In the third column of the table on applications received by April 15, 2020, published a notice of solicitation of page 45716, amend the Application which include grants of $20,000 or less, applications in the Federal Register on window closing dates for the Renewable that are not funded by State allocations August 30, 2019, entitled ‘‘Notice of Energy Systems and Energy Efficiency can be submitted to the National Office Solicitation of Applications for the Improvements Grants Unrestricted to compete against grant applications Rural Energy for America Program for grants, including combination grant and from other States at a final national Fiscal Year 2020,’’ to allow potential guaranteed loan where the grant request competition. applicants time to submit applications is greater than $20,000) to April 15, In the third column on page 45718, for financial assistance under the Rural 2020*. under section V. Application Review Energy for America Program (REAP) for In the first column on page 45718, Information, subsection B. Review and fiscal year (FY) 2020 and allow the under section V. Application Review Selection Process, paragraph (3) amend Agency time to process applications Information, subsection B Review and the last sentence to read: All unfunded within the current FY. This notice Selection Process, paragraph (1)(a) eligible applications for combined grant extends the application window closing amend the second sentence to read: and guaranteed loan applications that date from March 31, 2020 to April 15, Eligible applications must be submitted are received by April 15, 2020, and that 2020. by April 15, 2020, in order to be are not funded by State allocations can FOR FURTHER INFORMATION CONTACT: considered for these set-aside funds. be submitted to the National Office to Please contact the applicable USDA In the first column on page 45718, compete against other grant and Rural Development Energy Coordinator under section V. Application Review combined grand and guaranteed loan in your respective state, as identified via Information, subsection B. Review and applications from other States at a final the following link: https:// Selection Process, paragraph (1)(a) national competition. www.rd.usda.gov/files/RBS_StateEnergy amend the third sentence to read: Mark Brodziski, Coordinators.pdf. Approximately 50 percent of these For information about this Notice, funds will be made available for those Acting Administrator, Rural Business- Cooperative Service. please contact Deb Yocum, Program complete applications the Agency Management Division, Rural Business- receives by October 31, 2019, and [FR Doc. 2020–06226 Filed 3–24–20; 8:45 am] Cooperative Service, United States approximately 50 percent of the funds BILLING CODE 3410–XY–P Department of Agriculture, 1400 for those complete applications the Independence Avenue SW, MS 3226, Agency receives by April 15, 2020. Room 4204-South, Washington, DC In the first column on page 45718, DEPARTMENT OF COMMERCE 20250–3226, or call 402–499–1198. under section V. Application Review International Trade Administration SUPPLEMENTARY INFORMATION: In the Information, subsection B. Review and Federal Register on August 30, 2019 (84 Selection Process, paragraph (1)(b) Application(s) for Duty-Free Entry of FR 45713), make the following amend the first sentence to read: Scientific Instruments amendments: Eligible applications received by April In the third column on page 45716, 15, 2020, for renewable energy system Pursuant to Section 6(c) of the under Section IV Application and and energy efficiency improvements Educational, Scientific and Cultural

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Materials Importation Act of 1966 (Pub. DEPARTMENT OF COMMERCE Background L. 89–651, as amended by Pub. L. 106– On August 15, 2019, the Court International Trade Administration 36; 80 Stat. 897; 15 CFR part 301), we sustained Commerce on the following invite comments on the question of issues: (1) The selection of South Africa, whether instruments of equivalent [A–570–053] rather than Bulgaria, as the source of scientific value, for the purposes for surrogate values; 1 (2) the selection of which the instruments shown below are Certain Aluminum Foil From the international freight values used by intended to be used, are being People’s Republic of China: Notice of Commerce in the Final Determination; 2 manufactured in the United States. Court Decision Not in Harmony With (3) Commerce’s valuation of Zhongji’s Amended Final Determination of Sales 3 Comments must comply with 15 CFR scrap; and (4) Commerce’s decision to at Less Than Fair Value and defer issuance of its Preliminary 301.5(a)(3) and (4) of the regulations and Antidumping Duty Order Determination.4 Furthermore, the Court be postmarked on or before April 14, found that Zhongji’s arguments about 2020. Address written comments to AGENCY: Enforcement and Compliance, the broader legitimacy of the irrevocable Statutory Import Programs Staff, Room International Trade Administration, value-added tax (VAT) adjustment were 3720, U.S. Department of Commerce, Department of Commerce. not properly raised during the Washington, DC 20230. Applications 5 SUMMARY: On March 9, 2020, the United administrative proceeding. In the Final may be examined between 8:30 a.m. and States Court of International Trade (the Determination and Amended Final 5:00 p.m. at the U.S. Department of Court) issued final judgment in Jiangsu Determination,6 Commerce based its Commerce in Room 3720. Zhongji Lamination Materials Co., (HK) calculation of Zhongji’s VAT adjustment Docket Number: 20–002. Applicant: Ltd., Jiangsu Zhongji Lamination on the U.S. price of Zhongji’s Regents of the University of Minnesota, Materials Stock Co., Ltd., Jiangsu merchandise on resale by Jiangsu Center for Magnetic Resonance Zhongji Lamination Materials Stock Co., Zhongji Lamination Materials Co. (HK) Research, 2021 6th Street SE, Ltd, and Jiangsu Huafeng Aluminum (Zhongji HK), instead of the price at Minneapolis, MN 55455. Instrument: Industry Co., Ltd. v. United States, Court which Jiangsu Zhongji Lamination Three-photon far infra-red laser. No. 18–00091, sustaining the Materials, Co., Ltd., Jiangsu Zhongji Lamination Materials Stock Co., Ltd., Manufacturer: Class 5 Photonics, Department of Commerce’s (Commerce) final results of the redetermination and Jiangsu Huafeng Aluminum Germany. Intended Use: The instrument Industry Co., Ltd. (collectively, Jiangsu will be used to study the fine structure pursuant to remand. Consistent with the decision of the United States Court of Zhongji) sold the merchandise to which means on the scale of sub- Zhongji HK.7 microns (less than 1/1000th of 1 mm Appeals for the Federal Circuit (Federal Circuit) in Timken Co., v. United States, In Fine Furniture I, litigation arising resolution) and function of cells and from the first antidumping duty blood vessels in the living brains of (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. administrative review of multilayered mice. Examination of the fine structure United States, (Fed. Cir. 2010) hardwood flooring, the Court found that is critical to understanding cellular (Diamond Sawblades), Commerce is Commerce failed to reconcile the deduction for irrecoverable VAT that communication and blood flow notifying the public that the final regulation in the brain. Laboratory mice judgment in this case is not in harmony are anesthetized, the skull is exposed, 1 See Jiangsu Zhongji Lamination Materials Co. with Commerce’s decision in Certain (HK), Ltd., Jiangsu Zhongji Lamination Materials, and 1,300 nm laser light is passed into Aluminum Foil from the People’s Co., Ltd., Jiangsu Zhongji Lamination Materials the brain so that cells and blood vessels Republic of China: Amended Final Stock Co., Ltd., and Jiangsu Huafeng Aluminum can be visualized with a microscope via Determination of Sales at Less Than Industry Co., Ltd. v. United States, Court No. 18– three-photon fluorescence microscopy. 00091, Slip Op. 19–111 (CIT August 15, 2019) Fair Value and Antidumping Duty (Remand Order) at 14–22. Mice are now the most common Order, (April 19, 2018) (Amended Final 2 Id. at 24–26. research subjects used in biological and Determination). 3 See Remand Order at 22–23. neuroscience research. Justification for Commerce is amending the amended 4 Id. at 28–30. Commerce published the Duty-Free Entry: There are no Preliminary Determination on November 2, 2017. final results with respect to the See Antidumping Duty Investigation of Certain instruments of the same general weighted-average dumping margin Aluminum Foil from the People’s Republic of category manufactured in the United assigned to Jiangsu Zhongji Lamination China: Affirmative Preliminary Determination of States. Application accepted by Materials Co., (HK) Ltd., Jiangsu Zhongji Sales at Less Than Fair Value and Postponement of Final Determination 82 FR 50858 (November 2, Commissioner of Customs: January 13, Lamination Materials Stock Co., Ltd., 2017 (Preliminary Determination) and 2020. Jiangsu Zhongji Lamination Materials accompanying Preliminary Decision Memorandum Dated: March 19, 2020. Stock Co., Ltd, and Jiangsu Huafeng (PDM). Commerce issued a deferral notice on Aluminum Industry Co., Ltd. October 12, 2017. See also Certain Aluminum Foil Gregory W. Campbell, from the People’s Republic of China: Deferral of (collectively Zhongji). Director, Subsidies Enforcement, Enforcement Preliminary Determination of the Less Than Fair Value Investigation, 82 FR 47481 (October 12, and Compliance. DATES: Applicable March 19, 2020. 2017); see also Certain Aluminum Foil from the [FR Doc. 2020–06216 Filed 3–24–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: People’s Republic of China: Deferral of Preliminary Determination of the Less Than Fair Value BILLING CODE 3510–DS–P Michael J. Heaney or Chelsey Investigation—Correction Notice, 82 FR 48485 Simonovich, AD/CVD Operations, (October 18, 2017). Office VI, Enforcement and Compliance, 5 See Remand Order at n.7. International Trade Administration, 6 See Certain Aluminum Foil from the People’s U.S. Department of Commerce, 1401 Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018) Constitution Avenue NW, Washington, (Final Determination), and accompanying Issues DC 20230; telephone: (202) 482–4475 or and Decision Memorandum (IDM); see also (202) 482–1979, respectively. Amended Final Determination. 7 See Final Determination and IDM at Comment SUPPLEMENTARY INFORMATION: 4.

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Commerce calculated with the amounts VAT.11 In accordance with Commerce’s suspend liquidation of entries pending of irrecoverable VAT that were actually revised VAT adjustment calculation a ‘‘conclusive’’ court decision. The incurred upon exportation, and that methodology, on February 25, 2019, the Court’s March 9, 2020 judgment Commerce’s calculation was not United States requested a voluntary sustaining the Redetermination supported by substantial evidence on remand concerning its calculation of the constitutes a final decision of the Court the record, remanding the case for VAT adjustment.12 that is not in harmony with Commerce’s reconsideration.8 On remand, On November 12, 2019, we filed our Amended Final Determination and Commerce modified its VAT Redetermination.13 In our Order. This notice is published in calculations and found that the transfer Redetermination, we based our fulfillment of the publication price to respondent’s affiliate was the calculation of the VAT adjustment on requirement of Timken. Accordingly, actual base value from which the sale of Jiangsu Zhongji to their Commerce will continue the suspension irrecoverable VAT was calculated, affiliated reseller, Zhongji HK. of liquidation of the subject because it was more appropriate to On March 9, 2020, the Court merchandise pending the expiration of focus on achieving tax neutrality sustained Commerce’s Redetermination, the period of appeal or, if appealed, generally, rather than determining what and entered its final judgment.14 taxes the GOC should have imposed.9 pending a final and conclusive court Commerce’s new VAT adjustment Timken Notice decision. methodology was subsequently affirmed In its decision in Timken, 893 F.2d at Amended Final Determination by this Court in Fine Furniture II.10 The 341, as clarified by Diamond Sawblades, fact pattern in Fine Furniture I was the Federal Circuit held that, pursuant Because there is now a final court similar to that in this case, as the to section 516A(e) of the Tariff Act of decision, Commerce amends the respondent had a similar selling 1930, as amended (the Act), Commerce Amended Final Determination with structure and certified that China used must publish a notice of a court respect to Zhongji. The revised cash its transfer price to its affiliated, decision not ‘‘in harmony’’ with a deposit rates for the LTFV investigation, offshore reseller as the basis to collect Commerce determination, and must is as follows:

Weighted average Producer Exporter dumping margin (percent)

Jiangsu Zhongji Lamination Materials Stock Co., Ltd./Jiangsu Zhongji Jiangsu Zhongji Lamination Materials Co., (HK) Ltd 48.30 Lamination Materials Co., Ltd./Jiangsu Huafeng Aluminum Industry Co., Ltd.

Cash Deposit Requirements DEPARTMENT OF COMMERCE activities for fiscal year (FY) 2010. NOAA provides the indirect cost rates In accordance with section National Oceanic and Atmospheric for this fiscal year and the dates of 735(c)(1)(B) of the Act, Commerce will Administration implementation in this notice. The instruct CBP to collect a cash deposit of public can obtain more information on 48.30 percent for entries of subject Notice of Indirect Cost Rates for the this rate from the address provided merchandise exported by Zhongji, Office of National Marine Sanctuaries below in the ADDRESSES section. for Fiscal Year 2010 effective March 19, 2020, in accordance DATES: These indirect cost rates are with the Timken Notice. AGENCY: Office of National Marine effective on March 25, 2020. This notice is issued and published in Sanctuaries (ONMS), National Ocean ADDRESSES: Vicki Wedell, phone 240– accordance with sections 516(A)(e), Service (NOS), National Oceanic and 533–0650; email Vicki.Wedell@ 751(a)(1), and 777(i)(1) of the Act. Atmospheric Administration (NOAA), noaa.gov; or 1305 East-West Highway, Dated: March 19, 2020. Department of Commerce (DOC). N/NMS, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Jeffrey I. Kessler, ACTION: Notice of indirect cost rates for the Office of National Marine Vicki Wedell, phone 240–533–0650; Assistant Secretary for Enforcement & email [email protected]; or 1305 Compliance. Sanctuaries for fiscal year 2010. East-West Highway, N/NMS, Silver [FR Doc. 2020–06214 Filed 3–24–20; 8:45 am] SUMMARY: The National Oceanic and Spring, MD 20910. BILLING CODE 3510–DS–P Atmospheric Administration’s SUPPLEMENTARY INFORMATION: The (NOAA’s) Office of National Marine Natural Resource Damage Assessment Sanctuaries (ONMS) announces the (NRDA) mission of ONMS is to restore establishment of new indirect cost rates injuries to sanctuary resources caused for the recovery of indirect costs for its by the release of hazardous substances component organizations involved in or oil under the Comprehensive natural resource damage and restoration Environmental Response, Compensation

8 See Fine Furniture (Shanghai) Limited, et al. v. 11 See Remand Order at 27. Op. 19–111 (CIT August 15, 2019) United States, 182 F. Supp. 3d 1350, 1358–59 (CIT 12 See Remand Order at 27 (citing Commerce’s (Redetermination). 2016) (Fine Furniture I). February 25, 2019 56.2 Opposition Brief at 39–40). 14 See Jiangsu Zhongji Lamination Materials Co. 9 See Fine Furniture (Shanghai) Limited, et al. v. 13 See Final Remand Redetermination pursuant to (HK), Ltd., Jiangsu Zhongji Lamination Materials, United States, 321 F. Supp. 3d 1282, 1288 (CIT Jiangsu Zhongji Lamination Materials Co. (HK), Co., Ltd., Jiangsu Zhongji Lamination Materials Ltd., Jiangsu Zhongji Lamination Materials, Co., 2018) (Fine Furniture II) (citing to Final Remand Stock Co., Ltd., and Jiangsu Huafeng Aluminum Ltd., Jiangsu Zhongji Lamination Materials Stock Redetermination pursuant to Fine Furniture I). Co., Ltd., and Jiangsu Huafeng Aluminum Industry Industry Co., Ltd. v. United States, Court No. 18– 10 Id. Co., Ltd. v. United States, Court No. 18–00091, Slip 00091, Slip Op. 20–30 (CIT March 9, 2020).

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and Liability Act (CERCLA; 42 U.S.C., and operations. For example, indirect Concepts Incorporated (Empirical), 9601 et seq.) or the Oil Pollution Action costs include general administrative calculated the ONMS indirect costs for of 1990 (OPA; 33 U.S.C., 2701 et seq.), support and traditional overheads. fiscal year 2010. or physical injuries under the National Although indirect costs may not be Empirical concluded that the cost Marine Sanctuaries Act (NMSA) (16 readily traced back to a specific direct accounting system and allocation U.S.C. 1431 et seq.). ONMS consists of activity, indirect costs may be allocated practices of ONMS component the following component organizations: to direct activities using an indirect cost organizations are consistent with fourteen national marine sanctuaries distribution rate. Federal accounting requirements. Consistent with standard Federal and two marine national monuments, Empirical also determined that the most accounting requirements, ONMS is and the Office of General Counsel for appropriate indirect allocation method required to account for and report the Natural Resources (GCNR). NOAA was the Direct Labor Cost Base for all full costs of its programs and activities. published the GCNR rate for FY10 in the ONMS component organizations. The Further, ONMS is authorized by law to Federal Register on October 20, 2011 Direct Labor Cost Base is computed by (76 FR 65182). ONMS conducts NRDAs recover reasonable costs of damage allocation total indirect costs over the as a basis for recovering damages from assessment and restoration activities sum of direct labor dollars plus the responsible parties and uses the funds under CERCLA, OPA and the NMSA. application of NOAA’s leave surcharge recovered to restore injured sanctuary Within the constraints of these laws, and benefits rates to direct labor. resources. ONMS has the discretion to develop Empirical further assessed that the When addressing NRDA incidents, indirect cost rates subject to its indirect cost rates for the ONMS the costs of the damage assessment are requirements. recoverable from responsible parties component organizations were fair and who are potentially liable for an ONMS’s Indirect Cost Effort equitable. A report on Empirical’s incident. Costs include direct and In October 2002, NOAA contracted assessment and their determination can indirect costs. Direct costs are costs for the public accounting firm Cotton and be obtained from the person identified activities that are clearly and readily Company LLP to: (1) Evaluate the cost in FOR FURTHER INFORMATION CONTACT. attributable to a specific output. In the accounting system and allocation ONMS Indirect Cost Rate and Policies context of ONMS, outputs may be practices; (2) recommend the associated with damage assessment appropriate indirect cost allocation ONMS will apply the indirect cost cases, or may be represented by other methodology; and (3) determine the rate for FY2010 as recommended by program products. In contrast, indirect indirect cost rates for the organizations Empirical for each of the ONMS costs reflect the costs for activities that that comprise ONMS. A subcontractor component organizations as provided in collectively support ONMS’s mission to Cotton and Company LLP, Empirical the following table:

Fiscal year 2010 ONMS component organization indirect rate (percent)

Office of National Marine Sanctuaries (except for Florida Keys National Marine Sanctuary) ...... 67.95 Florida Keys National Marine Sanctuary ...... 82.35

ONMS will apply the FY2010 rates DEPARTMENT OF COMMERCE Review—Open for Public Comments’’ or identified in this notice to all damage by using the search function and assessment and restoration case costs National Oceanic and Atmospheric entering either the title of the collection incurred from October 1, 2010 until Administration or the OMB Control Number 0648–0178. present, using the Direct Labor Cost base Submission for OMB Review; FOR FURTHER INFORMATION CONTACT: allocation methodology. For cases that Comment Request; Marine Mammal Copies of this submission may be have settled and for cost claims paid Health and Stranding Response obtained from Adrienne Thomas, PRA prior to the effective date of the fiscal Program Officer, NOAA, 151 Patton Avenue, year in question, ONMS will not re- Room 159, Asheville, NC 28801, (828) open any resolved matters for the The Department of Commerce will 257–3148 or viewing the entire purpose of applying the rates in this submit the following information information collection request at notice. For cases not settled and cost collection request to the Office of www.reginfo.gov. claims not paid prior to the effective Management and Budget (OMB) for date of the fiscal year in question, review and clearance in accordance SUPPLEMENTARY INFORMATION: Comments with the Paperwork Reduction Act of ONMS will calculate costs using the are invited on: (1) Whether the 1995 (44 U.S.C. Chapter 35), on or after collection of information is necessary rates in this notice. ONMS will use the the date of publication of this notice. for the proper performance of the FY2010 rates for future fiscal years until The public is invited to submit functions of the Department, including year-specific rates are developed. comments on this request. whether the information will have John Armor, ADDRESSES: Written comments and practical utility; (2) if the information Director, Office of National Marine recommendations for the proposed will be processed and used in a timely Sanctuaries, National Ocean Service, information collection should be manner; (3) the accuracy of the agency’s National Oceanic and Atmospheric submitted within 30 days of the estimates of the burden and cost of the Administration. publication of this notice on the collection of information, including the [FR Doc. 2020–06196 Filed 3–24–20; 8:45 am] following website www.reginfo.gov/ validity of the methodology and BILLING CODE 3510–NK–P public/do/PRAMain. Find this assumptions used; (4) ways to enhance particular information collection by the quality, utility and clarity of the selecting ‘‘Currently under 30-day information collection; and (5) ways to

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minimize the burden of the collection of samples collected from stranded Dated: March 19, 2020. information on those who are to animals are a critical part of the Sheleen Dumas, respond, including the use of automated implementation of this mandate of the Department PRA Clearance Officer, Office of collection techniques or other forms of MMPA. Minor edits to the current the Chief Information Officer, Commerce information technology. version of the form are proposed, Department. Agency: National Oceanic and including beginning to collect live, [FR Doc. 2020–06193 Filed 3–24–20; 8:45 am] Atmospheric Administration (NOAA). entangled large whale data in this data BILLING CODE 3510–22–P Title: Marine Mammal Health and collection, streamlining the confidence Stranding Response Program, Level A codes, collecting data on marine debris Stranding Report, Rehabilitation DEPARTMENT OF COMMERCE and entanglement interactions, and Disposition Data Sheet, and Human Interaction Form. minor textual edits to field names to National Oceanic and Atmospheric OMB Control Number: 0648–0178. better match the other two forms. Administration Form Number(s): None. NMFS is also responsible for the Proposed Information Collection; Type of Request: Regular submission welfare of marine mammals while in Comment Request; Foreign Fishing (extension of an existing collection). rehabilitation status. Under MMPA Vessel Permits, Vessel, and Gear Number of Respondents: 400. section 104(c)(10) [16 U.S.C. Average Hours per Response: 30 Identification, and Reporting 1374(c)(10)], NMFS is required to minutes for Stranding Reports and Requirements maintain an inventory of live marine Rehabilitation Disposition Forms; 45 AGENCY: National Oceanic and minutes for the Human Interaction Data mammals held under permits for rehabilitation or captive display. The Atmospheric Administration (NOAA), Sheet. Commerce. Burden Hours: 14,600. data in the Marine Mammal Needs and Uses: This request is for Rehabilitation Disposition report are ACTION: Notice. required to monitor and track animals revision of this previously approved SUMMARY: The Department of data collection. All three of the during rehabilitation and during transfer Commerce, as part of its continuing currently approved forms in this to permanent-permitted status. This effort to reduce paperwork and collection (the Stranding Report form, information is submitted primarily by respondent burden, invites the general Human Interaction Form, and members of the marine mammal public and other Federal agencies to Rehabilitation Disposition Form) have stranding networks which are take this opportunity to comment on been slightly modified. authorized by NMFS. Minor changes are proposed and/or continuing information The marine mammal stranding report proposed for this form, including the collections, as required by the provides information on strandings so collection of all pinniped pups born in Paperwork Reduction Act of 1995. that the National Marine Fisheries rehab (previously was only for pups that DATES: Written comments must be Service (NMFS) can compile and survived the first 48 hours). submitted on or before May 26, 2020. analyze, by region, the species, Additionally, minor edits to field names ADDRESSES: Direct all written comments numbers, conditions, and causes of were made to better match the other two illnesses and deaths in stranded marine to Adrienne Thomas, PRA Officer, forms. mammals. NMFS requires this NOAA, 151 Patton Avenue, Room 159, information to fulfill its management The Human Interaction Data Sheet Asheville, NC 28801 (or via the internet responsibilities under the Marine provides NMFS with consistent and at [email protected]). All Mammal Protection Act (16 U.S.C. detailed information on signs of human comments received are part of the 1421a). Section 402(b) of the MMPA (16 interaction in stranded marine public record. Comments will generally U.S.C. 1421a) requires the Secretary to mammals. This information will assist be posted without change. All collect and update information on the Agency in tracking resource Personally Identifiable Information (for example, name and address) voluntarily strandings. It further provides that the conflicts and will provide a solid submitted by the commenter may be Secretary shall compile and analyze, by scientific foundation for conservation region, the species, numbers, publicly accessible. Do not submit and management of marine mammals. Confidential Business Information or conditions, and causes of illnesses and With a better understanding of deaths in stranded marine mammals. otherwise sensitive or protected interactions, appropriate measures can information. Section 404 (a) of the MMPA (16 U.S.C. be taken to resolve conflicts and, FOR FURTHER INFORMATION CONTACT: 1421c) mandates that the Secretary stranding data are the best source of Requests for additional information or respond to unusual marine mammal information regarding the occurrence of copies of the information collection mortality events. Without a historical different types of human interaction. instrument and instructions should be baseline provided by marine mammal Minor changes to field names are information collected from strandings, directed to Kent Laborde, Office of proposed for this form, to better match detection of such events could be International Affairs and Seafood the other two forms. difficult, and the investigation could be Inspection (F/IS5), 1315 East-West impeded. Section 401(b) of the MMPA Affected Public: State governments; Highway, Silver Spring, Maryland (16 U.S.C. 1421) requires NMFS to not-for-profit institutions; business or 20910, 301–427–8364 or kent.laborde@ facilitate the collection and other for-profits organizations. noaa.gov. dissemination of reference data on the Frequency: Annual and periodic. On SUPPLEMENTARY INFORMATION: health of marine mammal populations occasion. in the wild and to correlate health with I. Abstract physical, chemical, and biological Respondent’s Obligation: Mandatory. The National Marine Fisheries Service environmental parameters. In order to Legal Authority: Marine Mammal (NMFS) issues permits, under the perform this function, NMFS must Protection Act (16 U.S.C. 1421a). Magnuson-Stevens Fishery standardize data collection protocols for Conservation and Management Act (16 health and correlations. Data and U.S.C. 1801 et seq.; MSA), to foreign

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fishing vessels fishing or operating in information is submitted to NMFS for CORPORATION FOR NATIONAL AND U.S. waters. MSA and associated the vessel and gear marking COMMUNITY SERVICE regulations at 50 CFR part 600 require requirements. that vessels apply for fishing permits, Agency Information Collection that vessels and certain gear be marked III. Data Activities; Submission to the Office of Management and Budget for Review for identification purposes, that OMB Control Number: 0648–0075. observers be embarked on selected and Approval; Comment Request; vessels, and that permit holders report Form Number: None. Application Package for NCCC Team their fishing effort and catch or, when Type of Review: Regular submission Leader Application processing fish under joint ventures, the (extension of a currently approved AGENCY: Corporation for National and amount and locations of fish received collection). from U.S. vessels. These requirements Community Service (CNCS). Affected Public: Business or other for- ACTION: Notice of information collection; apply to all foreign vessels fishing, profit organizations. transshipping, or processing fish in U.S. request for comment. waters. Information is collected from Estimated Number of Respondents: 8. SUMMARY: In accordance with the persons who operate a foreign fishing Estimated Time per Response: For Paperwork Reduction Act of 1995, vessel in U.S. waters to participate in a permit applications: One and one half directed fishery or joint venture CNCS is soliciting comments for its hours for an application for a directed proposed renewal of the AmeriCorps operation, transship fish harvested by a fishery; two hours for a joint venture U.S. vessel to a location outside the National Civilian Community Corps’ application, and 45 minutes for a (NCCC) Team Leader Application. U.S., or process fish in internal waters. transshipment permit. For fishing Each person operating a foreign fishing activity reporting: 6 minutes for a joint DATES: Written comments must be vessel under MSA authority may be venture report; 30 minutes per day for submitted to the individual and office required to submit information for a joint venture record-keeping; and 7.5 listed in the ADDRESSES section by May permit, mark their vessels and gear, or minutes per day for record-keeping by 26, 2020. submit information about their fishing transport vessels. For weekly reports, 30 ADDRESSES: You may submit comments, activities. To facilitate observer minutes per response. For foreign vessel identified by the title of the information coverage, foreign fishing vessel and gear identification marking: 15 collection activity, by any of the operators must provide a quarterly minutes per marking. following methods: schedule of fishing effort and upon (1) By mail sent to: Corporation for request must also provide observers Estimated Total Annual Burden National and Community Service, with copies of any required records. For Hours: 82. Attention: Gary Crosson, Lead Selection foreign fishing vessels that process fish Estimated Total Annual Cost to & Placement Specialist, 250 E Street in internal waters, the information Public: $3,337 in recordkeeping/ SW, Suite 300, Washington, DC 20525. collected varies somewhat from other reporting costs. (2) By hand delivery or by courier to foreign fishing vessels that participate in the CNCS mailroom at the mail address IV. Request for Comments a directed fishery or a joint venture given in paragraph (1) above, between operation. In particular, these vessels Comments are invited on: (a) Whether 9:00 a.m. and 4:00 p.m. Eastern Time, may not be required to provide a permit the proposed collection of information Monday through Friday, except federal application or mark their vessels. The is necessary for the proper performance holidays. information submitted in applications is of the functions of the agency, including (3) Electronically through used to determine whether permits whether the information shall have www.regulations.gov. should be used to authorize directed practical utility; (b) the accuracy of the Comments submitted in response to foreign fishing, participation in joint agency’s estimate of the burden this notice may be made available to the ventures with U.S. vessels, or (including hours and cost) of the public through regulations.gov. For this transshipments of fish or fish products proposed collection of information; (c) reason, please do not include in your within U.S. waters. The display of ways to enhance the quality, utility, and comments information of a confidential identifying numbers on vessels and gear clarity of the information to be nature, such as sensitive personal aid in fishery law enforcement and collected; and (d) ways to minimize the information or proprietary information. allows other fishermen to report If you send an email comment, your suspicious activity. Reporting of fishing burden of the collection of information on respondents, including through the email address will be automatically activities allows monitoring of fish captured and included as part of the received by foreign vessels. use of automated collection techniques or other forms of information comment that is placed in the public II. Method of Collection technology. docket and made available on the internet. Please note that responses to Foreign fishing activity reports are Comments submitted in response to this public comment request containing made by radio when fishing begins or this notice will be summarized and/or any routine notice about the ceases, to report on transfers of fish, and included in the request for OMB confidentiality of the communication to file weekly reports on the catch or approval of this information collection; receipt of fish. Weekly reports may be will be treated as public comment that they also will become a matter of public may be made available to the public, submitted by fax or email. record. Recordkeeping requirements for foreign notwithstanding the inclusion of the vessels include a communications log, a Dated: March 19, 2020. routine notice. transfer log, a daily fishing log, a Sheleen Dumas, FOR FURTHER INFORMATION CONTACT: Gary consolidated fishing or joint venture log, Departmental Lead PRA Clearance Officer, Crosson, 202–606–6688, or by email at and a daily joint venture log. These Office of the Chief Information Officer, [email protected]. records must be maintained for three Commerce Department. SUPPLEMENTARY INFORMATION: years. Paper forms are used for foreign [FR Doc. 2020–06180 Filed 3–24–20; 8:45 am] Title of Collection: NCCC Team fishing vessel permit applications. No BILLING CODE 3510–22–P Leader Application.

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OMB Control Number: 3045–0005. be available for public inspection on DEPARTMENT OF EDUCATION Type of Review: Renewal. regulations.gov. Respondents/Affected Public: Applications for New Awards; Dated: March 20, 2020. Individuals and Households. Statistical and Research Methodology Total Estimated Number of Annual Gary Crosson, in Education and Using Longitudinal Responses: 800. Lead Selection & Placement Specialist. Data To Support State Education Total Estimated Number of Annual [FR Doc. 2020–06251 Filed 3–24–20; 8:45 am] Policymaking Grant Programs Burden Hours: 1,600 hours. BILLING CODE 6050–28–P Abstract: The NCCC Team Leader AGENCY: Institute of Education Sciences, application, which is available Department of Education. electronically for all applicants, ACTION: Notice. provides information CNCS uses to DEPARTMENT OF DEFENSE select Team Leaders for AmeriCorps SUMMARY: The Department of Education NCCC. NCCC engages approximately Department of the Navy (Department) is issuing a notice inviting 2800 corps members each year in applications for new awards for fiscal community service, and selects Team Meeting of the United States Naval year (FY) 2021 for the Statistical and Leaders and Support Team Leaders to Academy Board of Visitors; Research Methodology in Education and serve as project leaders and project Cancellation the Using Longitudinal Data to Support developers and to provide on-site team State Education Policymaking Grant AGENCY: Department of the Navy, DoD. supervision and reporting. There is at Programs, Catalog of Federal Domestic least one Team Leader for each team of ACTION: Notice of open meeting; Assistance (CFDA) numbers 84.305D approximately ten Corps Members. cancellation. and 84.305S. This notice relates to the CNCS also seeks to continue using the approved information collection under currently-approved information SUMMARY: On Monday, February 3, OMB control number 4040–0001. collection until the revised information 2020, the Department of the Navy DATES: collection is approved by OMB. The published a notice announcing a Applications Available: May 7, 2020. currently-approved information meeting of the United States Naval Deadline for Transmittal of collection is due to expire on 11/30/ Academy Board of Visitors that was to Applications: July 30, 2020. 2020. take place on Monday, March 23, 2020. ADDRESSES: For the addresses for Comments submitted in response to Due to ongoing COVID–19 concerns, the obtaining and submitting an this notice will be summarized and/or Department of the Navy is cancelling application, please refer to our Common included in the request for OMB this meeting. Instructions for Applicants to approval. Comments are invited on: (a) DATES: The open session of the meeting Department of Education Discretionary Whether the collection of information is to be held on March 23, 2020, from 9 Grant Programs, published in the necessary for the proper performance of a.m. to 11 a.m., and the executive Federal Register on February 13, 2019 the functions of the agency, including session to be held from 11 a.m. to noon (84 FR 3768) and available at whether the information shall have (12 p.m.) have been cancelled. www.govinfo.gov/content/pkg/FR-2019- practical utility; (b) the accuracy of the 02-13/pdf/2019-02206.pdf. agency’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: For collection of information; (c) ways to Commander Lawrence Heyworth IV, USN, Alternate Designated Federal the Statistical and Research enhance the quality, utility, and clarity Methodology in Education competition of the information to be collected; (d) Officer, 410–293–1503, heyworth@ usna.edu (Email). Mailing address is (84.305D): Phill Gagne, U.S. Department ways to minimize the burden of the of Education, 550 12th Street SW, Room collection of information on U.S. Naval Academy, 121 Blake Road, Annapolis, MD 21402. 4122, Potomac Center Plaza, respondents, including through the use Washington, DC 20202. Telephone: of automated collection techniques or SUPPLEMENTARY INFORMATION: The (202) 245–7139. Email: Phill.Gagne@ other forms of information technology; meeting notice published in the Federal ed.gov. For the Using Longitudinal Data and (e) estimates of capital or start-up Register on Monday, February 3, 2020 to Support State Education costs and costs of operation, (85 FR 5946). Policymaking competition (84.305S): maintenance, and purchase of services Due to circumstances beyond the Allen Ruby, U.S. Department of to provide information. Burden means control of the Department of Defense, Education, 500 12th Street SW, Room the total time, effort, or financial the Designated Federal Officer for U.S. 4148, Potomac Center Plaza, resources expended by persons to Naval Academy Board of Visitors was Washington, DC 20202. Telephone: generate, maintain, retain, disclose or unable to provide public notification (202) 245–8145. Email: Allen.Ruby@ provide information to or for a Federal required by 41 CFR 102–3.150(a) ed.gov. agency. This includes the time needed concerning the cancellation of the If you use a telecommunications to review instructions; to develop, previously noticed meeting for March device for the deaf (TDD) or a text acquire, install and utilize technology 23, 2020. Accordingly, the Advisory telephone (TTY), call the Federal Relay and systems for the purpose of Committee Management Officer for the Service (FRS), toll free, at 1–800–877– collecting, validating and verifying Department of Defense, pursuant to 41 8339. information, processing and CFR 102–3.150(b), waives the 15- SUPPLEMENTARY INFORMATION: maintaining information, and disclosing calendar day notification requirement. and providing information; to train Full Text of Announcement personnel and to be able to respond to Dated: March 18, 2020. a collection of information, to search K.K. Ramsey, I. Funding Opportunity Description data sources, to complete and review Office of the Judge Advocate General, U.S. Purpose of Program: Through the the collection of information; and to Navy, Federal Register Liaison Officer. National Center for Education Research transmit or otherwise disclose the [FR Doc. 2020–06318 Filed 3–23–20; 11:15 am] (NCER), the Institute of Education information. All written comments will BILLING CODE 3810–FF–P Sciences (Institute) provides support for

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programs of research in areas of parts 77, 81, 82, 84, 86, 97, 98, and 99. that have the ability and capacity to demonstrated national need. The In addition, the regulations in 34 CFR conduct scientifically valid research are Institute’s research grant programs are part 75 are applicable, except for the eligible to apply. These include, but are designed to provide interested provisions in 34 CFR 75.100, 75.101(b), not limited to, nonprofit and for-profit individuals and the general public with 75.102, 75.103, 75.105, 75.109(a), organizations and public and private reliable and valid information about 75.200, 75.201, 75.209, 75.210, 75.211, agencies and institutions of higher education practices that support 75.217(a)–(c), 75.219, 75.220, 75.221, education, such as colleges and learning and improve academic 75.222, 75.230, and 75.708. (b) The universities. For the Using Longitudinal achievement and access to education Office of Management and Budget Data to Support State Education opportunities for all learners. Through Guidelines to Agencies on Policymaking grant program, eligible the Statistical and Research Governmentwide Debarment and applicants must be a State educational Methodology in Education grant Suspension (Nonprocurement) in 2 CFR agency (SEA), defined as a State or program, NCER intends to support the part 180, as adopted and amended as Territory’s K–12 authority, alone, or in development of a wide range of regulations of the Department in 2 CFR conjunction with research organizations methodological and statistical tools to part 3485. (c) The Uniform such as universities and research firms, better enable applied education Administrative Requirements, Cost and/or with other appropriate scientists to conduct rigorous education Principles, and Audit Requirements for organizations (such as other State research. Through the Using Federal Awards in 2 CFR part 200, as agencies or local educational agencies). Longitudinal Data to Support State adopted and amended as regulations of The SEA must be the grantee and must Education Policymaking grant program, the Department in 2 CFR part 3474. provide the Principal Investigator. NCER intends to expand the research Note: The regulations in 34 CFR part 2. Cost Sharing or Matching: These use of State Longitudinal Data Systems 86 apply to institutions of higher programs do not require cost sharing or to examine long-term learner outcomes education only. matching. and pathways in order to provide Note: The open licensing requirement 3. Subgrantees: Under 34 CFR evidence for State education in 2 CFR 3474.20 does not apply for 75.708(b) and (c) a grantee under this policymaking. these competitions. competition may award subgrants—to Competitions in This Notice: The II. Award Information directly carry out project activities Institute’s NCER is announcing two described in its application—to the competitions—one competition in Types of Awards: Discretionary grants following types of entities: Nonprofit statistical and research methodology in and cooperative agreements. and for-profit organizations and public education and one competition in using Fiscal Information: Although and private agencies and institutions of longitudinal data to support State Congress has not yet enacted an higher education. The grantee may education policymaking. appropriation for FY 2021, the Institute award subgrants to entities it has The Statistical and Research is inviting applications for these identified in an approved application. Methodology in Education Competition. competitions now so that applicants can Under this ccompetition, NCER will have adequate time to prepare their IV. Application and Submission consider only applications that address applications. The actual level of Information one of the following topics: funding, if any, depends on final • 1. Application Submission Statistical and Research congressional action. The Department Instructions: Applicants are required to Methodology Grants. will announce additional competitions follow the Common Instructions for • Early Career Statistical and later in FY 2020. Applicants to Department of Education Research Methodology Grants. Estimated Range of Awards: For the Using Longitudinal Data to Support Discretionary Grant Programs, Statistical and Research Methodology in published in the Federal Register on State Education Policymaking. Under Education competition (84.305D): this competition, NCER will consider February 13, 2019 (84 FR 3768) and $40,000 to $300,000. For the Using available at www.govinfo.gov/content/ only applications that expand the Longitudinal Data to Support State research use of State Longitudinal Data pkg/FR-2019-02-13/pdf/2019-02206.pdf, Education Policymaking competition which contain requirements and Systems (SLDS) to provide evidence for (84.305S): $40,000 to $333,000. The size State education policymaking. Through information on how to submit an of the awards will depend on the scope application. this new grant program, IES will of the projects proposed. increase its support for the research use Estimated Number of Awards: The 2. Other Information: Information of SLDS beyond its ongoing research number of awards made under each regarding program and application grants program and Grants for Statewide competition will depend on the quality requirements for the competitions will Longitudinal Data Systems. of the applications received and the be contained in the NCER Requests for Exemption from Proposed availability of funds. Applications (RFAs), which will be Rulemaking: Under section 191 of the Contingent on the availability of available on or before April 1, 2020 on Education Sciences Reform Act, 20 funds and the quality of applications, the Institute’s website at: https:// U.S.C. 9581, the Institute is not subject we may make additional awards in FY ies.ed.gov/funding/. Application to section 437(d) of the General 2022 from the list of highly-rated packages for these competitions will be Education Provisions Act, 20 U.S.C. unfunded applications from the FY available on May 7, 2020. 1232(d), and is therefore not required to 2021 competitions. 3. Content and Form of Application offer interested parties the opportunity Note: The Department is not bound by Submission: Requirements concerning to comment on priorities, selection any estimates in this notice. the content of an application are criteria, definitions, and requirements. Project Period: Up to 36 months. contained in the RFA for the specific Program Authority: 20 U.S.C. 9501 et competition. The forms that must be seq. III. Eligibility Information submitted are in the application package Applicable Regulations: (a) The 1. Eligible Applicants: For the for the specific competition. Education Department General Statistical and Research Methodology in 4. Submission Deadline: July 30, 2020 Administrative Regulations in 34 CFR Education grant program, applicants 11:59:59 p.m. Eastern Time.

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We do not consider an application conditions. The Institute may also Representative and U.S. Senators and that does not comply with the deadline consider whether the applicant failed to send you a Grant Award Notification requirements. submit a timely performance report or (GAN); or we may send you an email 5. Intergovernmental Review: These submitted a report of unacceptable containing a link to access an electronic competitions are not subject to quality. version of your GAN. We may notify Executive Order 12372 and the In addition, in making a competitive you informally, also. regulations in 34 CFR part 79. grant award, the Institute also requires If your application is not evaluated or 6. Funding Restrictions: We reference various assurances including those not selected for funding, we will notify regulations outlining funding applicable to Federal civil rights laws you. restrictions in the Applicable that prohibit discrimination in programs 2. Administrative and National Policy Regulations section of this notice. or activities receiving Federal financial Requirements: We identify administrative and national policy V. Application Review Information assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23). requirements in the application package 1. Selection Criteria: For all of its 3. Risk Assessment and Specific and reference these and other grant competitions, the Institute uses Conditions: Consistent with 2 CFR requirements in the Applicable selection criteria based on a peer-review 200.205, before awarding grants under Regulations section of this notice. process that has been approved by the these competitions, the Department We reference the regulations outlining National Board for Education Sciences. conducts a review of the risks posed by the terms and conditions of an award in The Peer Review Procedures for Grant applicants. Under 2 CFR 3474.10, the the Applicable Regulations section of Applications can be found on the Institute may impose specific conditions this notice and include these and other Institute’s website at https://ies.ed.gov/ and, in appropriate circumstances, high- specific conditions in the GAN. The director/sro/peer_review/application_ risk conditions on a grant if the GAN also incorporates your approved review.asp. applicant or grantee is not financially application as part of your binding For the 84.305D competition, peer stable; has a history of unsatisfactory commitments under the grant. reviewers will be asked to evaluate the performance; has a financial or other 3. Grant Administration: Applicants significance of the application, the management system that does not meet should budget for an annual two-day quality of the research plan, the the standards in 2 CFR part 200, subpart meeting for project directors to be held qualifications and experience of the D; has not fulfilled the conditions of a in Washington, DC. personnel, the resources of the applicant prior grant; or is otherwise not 4. Reporting: (a) If you apply for a to support the proposed activities, and responsible. grant under one of the competitions the quality of the dissemination history 4. Integrity and Performance System: announced in this notice, you must and dissemination plan. These criteria If you are selected under this ensure that you have in place the are described in greater detail in the competition to receive an award that necessary processes and systems to RFA. over the course of the project period comply with the reporting requirements For the 84.305S competition, peer may exceed the simplified acquisition in 2 CFR part 170 should you receive reviewers will be asked to evaluate the threshold (currently $250,000), under 2 funding under the competition. This significance of the application, the CFR 200.205(a)(2) we must make a does not apply if you have an exception quality of the research plan, the judgment about your integrity, business under 2 CFR 170.110(b). applicability and availability of the data ethics, and record of performance under (b) At the end of your project period, to be analyzed, and the quality of the Federal awards—that is, the risk posed you must submit a final performance plans to disseminate and use the by you as an applicant—before we make report, including financial information, findings in State decision-making. an award. In doing so, we must consider as directed by the Institute. If you These criteria are described in greater any information about you that is in the receive a multiyear award, you must detail in the RFA. integrity and performance system submit an annual performance report For all of the Institute’s competitions, (currently referred to as the Federal that provides the most current applications should include budgets no Awardee Performance and Integrity performance and financial expenditure higher than the relevant maximum Information System (FAPIIS)), information as directed by the Institute award as set out in the relevant RFA. accessible through the System for under 34 CFR 75.118. The Institute may For the Statistical and Research Award Management. You may review also require more frequent performance Methodology in Education competition, and comment on any information about reports under 34 CFR 75.720(c). For the maximum award for the Regular yourself that a Federal agency specific requirements on reporting, Grants is $900,000 and the maximum previously entered and that is currently please go to www.ed.gov/fund/grant/ award for the Early Career Grants is in FAPIIS. apply/appforms/appforms.html. $225,000. For the Using Longitudinal Please note that, if the total value of 5. Performance Measures: To evaluate Data to Support State Education your currently active grants, cooperative the overall success of its education Policymaking competition, the agreements, and procurement contracts research grant programs, the Institute maximum award is $1,000,000. The from the Federal Government exceeds annually assesses the percentage of Institute will not make an award $10,000,000, the reporting requirements projects that result in peer-reviewed exceeding the maximum award amount. in 2 CFR part 200, Appendix XII, publications and the number of 2. Review and Selection Process: We require you to report certain integrity Institute-supported interventions with remind potential applicants that in information to FAPIIS semiannually. evidence of efficacy in improving reviewing applications in any Please review the requirements in 2 CFR learner education outcomes. discretionary grant competition, the part 200, Appendix XII, if this grant 6. Continuation Awards: In making a Institute may consider, under 34 CFR plus all the other Federal funds you continuation award under 34 CFR 75.217(d)(3), the past performance of the receive exceed $10,000,000. 75.253, the Institute considers, among applicant in carrying out a previous other things: Whether a grantee has award, such as the applicant’s use of VI. Award Administration Information made substantial progress in achieving funds, achievement of project 1. Award Notices: If your application the goals and objectives of the project; objectives, and compliance with grant is successful, we notify your U.S. whether the grantee has expended funds

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in a manner that is consistent with its Virtual via Zoom: standards in 1990 and 2002. The EAC approved application and budget; and, https://zoom.us/j/516385751 then adopted Version 1.0 of the VVSG if the Institute has established Meeting ID: 516 385 751 on December 13, 2005. In an effort to performance measurement One tap mobile update and improve version 1.0 of the requirements, whether the grantee has +19292056099,,516385751# US (New VVSG, on March 31, 2015, the EAC met the performance targets in the York) commissioners unanimously approved grantee’s approved application. +13126266799,,516385751# US VVSG 1.1. In making a continuation award, the (Chicago) Status: This hearing will be open to Institute also considers whether the Dial by your location the public. grantee is operating in compliance with +1 929 205 6099 US (New York) Amanda Joiner, the assurances in its approved +1 312 626 6799 US (Chicago) application, including those applicable +1 301 715 8592 US Associate Counsel, U.S. Election Assistance Commission. to Federal civil rights laws that prohibit +1 346 248 7799 US (Houston) discrimination in programs or activities +1 669 900 6833 US (San Jose) [FR Doc. 2020–06252 Filed 3–24–20; 8:45 am] receiving Federal financial assistance +1 253 215 8782 US BILLING CODE P from the Department (34 CFR 100.4, 888 788 0099 US Toll-free 104.5, 106.4, 108.8, and 110.23). 877 853 5247 US Toll-free Meeting ID: 516 385 751 DEPARTMENT OF ENERGY VII. Other Information Find your local number: https:// Accessible Format: Individuals with zoom.us/u/aev3sFIp8Q DOE/Biological and Environmental disabilities can obtain this document Research Advisory Committee; FOR FURTHER INFORMATION CONTACT: Meeting and a copy of the RFA in an accessible Jerome Lovato, Telephone: (301) 960– format (e.g., braille, large print, 1216, Email: [email protected]. AGENCY: Office of Science, Department audiotape, or compact disc) on request SUPPLEMENTARY INFORMATION: of Energy. to the appropriate program contact ACTION: Notice of open meeting. person listed under FOR FURTHER Agenda INFORMATION CONTACT. Commissioners will hold a hearing to SUMMARY: This notice announces a Electronic Access to This Document: discuss the proposed Voluntary Voting meeting of the Biological and The official version of this document is System Guidelines (VVSG) 2.0 Environmental Research Advisory the document published in the Federal Requirements as submitted by the Committee (BERAC). The Federal Register. You may access the official Technical Guidelines Development Advisory Committee Act requires that edition of the Federal Register and the Committee (TGDC). The VVSG 2.0 public notice of these meetings be Code of Federal Regulations at Requirements are currently published announced in the Federal Register. www.govinfo.gov. At this site you can for a 90-day public comment period. DATES: Thursday, April 16, 2020; 9:00 view this document, as well as all other Commissioners will hear from a panel of a.m.–5:00 p.m. documents of this Department experts who will provide an ADDRESSES: This meeting will be held published in the Federal Register, in introduction to the VVSG process as digitally via webcast using Zoom. text or Portable Document Format well a high-level overview of the Instructions for Zoom, as well as any (PDF). To use PDF you must have proposed VVSG 2.0 requirements. updates to meeting times or meeting Adobe Acrobat Reader, which is Commissioners will also hear from agenda, can be found on the BERAC available free at the site. members of the public who wish to offer meeting website at: https:// You may also access documents of the verbal testimony on the VVSG 2.0 science.osti.gov/ber/berac/Meetings. Department published in the Federal requirements. Public testimony during FOR FURTHER INFORMATION CONTACT: Register by using the article search Dr. the hearing will be limited to 3–5 feature at www.federalregister.gov. Tristram West, Designated Federal minutes maximum per person. If you Specifically, through the advanced Officer, BERAC, U.S. Department of would like to participate in public search feature at this site, you can limit Energy, Office of Science, Office of testimony, please contact Jerome Lovato your search to documents published by Biological and Environmental Research, ([email protected]) with your full name the Department. SC–23/Germantown Building, 1000 and phone number no later than 9:50 Independence Avenue SW, Washington, Mark Schneider, a.m. Eastern Time on March 27, 2020. DC 20585–1290. Phone 301–903–5155; Director, Institute of Education Sciences. For dial-in users, you will be identified fax (301) 903–5051 or email: [FR Doc. 2020–06255 Filed 3–24–20; 8:45 am] by your area code and the last three [email protected]. BILLING CODE 4000–01–P digits of your phone number, so please SUPPLEMENTARY INFORMATION: provide the phone number that you will Purpose of the Committee: To provide use during the hearing. advice on a continuing basis to the ELECTION ASSISTANCE COMMISSION The TGDC unanimously approved to Director, Office of Science of the recommend VVSG 2.0 Requirements on Department of Energy, on the many Public Hearing: Introduction and February 7, 2020, and sent the complex scientific and technical issues Foundation of VVSG 2.0 Requirements Requirements to the EAC Acting that arise in the development and Executive Director via the Director of implementation of the Biological and AGENCY: U.S. Election Assistance the National Institute of Standards and Environmental Research Program. Commission. Technology (NIST), in the capacity of ACTION: Sunshine Act Notice; Notice of the Chair of the TGDC on February 28, Tentative Agenda Topics Public Hearing Agenda. 2020. Upon adoption, the VVSG 2.0 • News from the Office of Biological would become the fifth iteration of and Environmental Research (BER) DATES: Friday, March 27, 2020 10:00 national level voting system standards. • News from the Biological Systems a.m.–12:00 p.m. Eastern. The Federal Election Commission Science and Climate and ADDRESSES: published the first two sets of federal Environmental Sciences Divisions

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• Report brief(s) to the applicant’s request for blanket 2020 final EIS issuance date. This • BERAC business and discussion authorization, under 18 CFR part 34, of schedule was based upon • Public comment future issuances of securities and Commonwealth providing complete and Public Participation: The daylong assumptions of liability, is April 8, timely responses to any data requests. In meeting is open to the public. If you 2020. its February 4, 2020 partial response to would like to file a written statement The Commission encourages staff’s January 2, 2020 data request, with the Committee, you may do so electronic submission of protests and Commonwealth stated it would provide either before or after the meeting. If you interventions in lieu of paper, using the the remainder of the outstanding would like to make oral statements FERC Online links at http:// responses in stages through July 2020, regarding any of the items on the www.ferc.gov. To facilitate electronic including an official interpretation from agenda, you should contact Tristram service, persons with internet access the United States Department of West at: [email protected] who will eFile a document and/or be Transportation—Pipeline and (email) or 301–903–5051 (fax). You listed as a contact for an intervenor Hazardous Material Safety must make your request for an oral must create and validate an Administration (PHMSA) in June 2020 statement at least five business days eRegistration account using the pertaining to Commonwealth’s before the meeting. Reasonable eRegistration link. Select the eFiling proposed LNG storage tank design. provision will be made to include the link to log on and submit the Because the outstanding data scheduled oral statements on the intervention or protests. responses to staff’s data request and the agenda. The Chairperson of the Persons unable to file electronically issuance of the PHMSA interpretation Committee will conduct the meeting to should submit an original and 5 copies are expected after the previously facilitate the orderly conduct of of the intervention or protest to the announced draft EIS date, the business. Public comment will be Federal Energy Regulatory Commission, Commission will suspend the limited to five minutes each. 888 First Street NE, Washington, DC environmental review schedule for the Minutes: The minutes of this meeting 20426. project. Once staff has reviewed both will be available for public review and The filings in the above-referenced the responses and the PHMSA copying within 45 days at the BERAC proceeding are accessible in the interpretation, the Commission will website: https://science.osti.gov/ber/ Commission’s eLibrary system by issue a revised schedule for the draft berac/Meetings/BERAC-Minutes. clicking on the appropriate link in the and final EIS. This is not a suspension Signed in Washington, DC, on March 19, above list. They are also available for of the Commission staff’s review of 2020. electronic review in the Commission’s Commonwealth’s project. Staff will LaTanya Butler, Public Reference Room in Washington, continue to process Commonwealth’s Deputy Committee Management Officer. DC. There is an eSubscription link on proposal to the extent possible based upon the information Commonwealth [FR Doc. 2020–06194 Filed 3–24–20; 8:45 am] the website that enables subscribers to has filed to date while awaiting the BILLING CODE 6450–01–P receive email notification when a document is added to a subscribed responses and the PHMSA docket(s). For assistance with any FERC interpretation. DEPARTMENT OF ENERGY Online service, please email Additional Information [email protected]. or call In order to receive notification of the Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Commission issuance of the EIS and to keep track of (202) 502–8659. all formal issuances and submittals in [Docket No. ER20–1338–000] Dated: March 19, 2020. specific dockets, the Commission offers Nathaniel J. Davis, Sr., a free service called eSubscription. This King Plains Wind Project, LLC; Deputy Secretary. can reduce the amount of time you Supplemental Notice That Initial spend researching proceedings by Market-Based Rate Filing Includes [FR Doc. 2020–06231 Filed 3–24–20; 8:45 am] BILLING CODE 6717–01–P automatically providing you with Request for Blanket Section 204 notification of these filings, document Authorization summaries, and direct links to the This is a supplemental notice in the DEPARTMENT OF ENERGY documents. Go to www.ferc.gov/docs- above-referenced proceeding of King filing/esubscription.asp. Plains Wind Project, LLC’s application Federal Energy Regulatory Additional information about the for market-based rate authority, with an Commission Project is available from the Commission’s Office of External Affairs accompanying rate tariff, noting that [Docket No. CP19–502–000] such application includes a request for at (866) 208–FERC or on the FERC blanket authorization, under 18 CFR Commonwealth LNG, LLC; Notice website (www.ferc.gov). Using the part 34, of future issuances of securities Suspending Environmental Review ‘‘eLibrary’’ link, select ‘‘General Search’’ and assumptions of liability. Schedule from the eLibrary menu, enter the Any person desiring to intervene or to selected date range and ‘‘Docket protest should file with the Federal The Federal Energy Regulatory Number’’ excluding the last three digits Energy Regulatory Commission, 888 Commission (FERC or Commission) is (i.e., CP19–502), and follow the First Street NE, Washington, DC 20426, suspending the environmental review instructions. For assistance with access in accordance with Rules 211 and 214 schedule for Commonwealth LNG, to eLibrary, the helpline can be reached of the Commission’s Rules of Practice LLC’s (Commonwealth) proposed at (866) 208–3676, TTY (202) 502–8659, and Procedure (18 CFR 385.211 and liquefied natural gas (LNG) export or at [email protected]. The 385.214). Anyone filing a motion to terminal in Cameron Parish, Louisiana. eLibrary link on the FERC website also intervene or protest must serve a copy The notice of schedule, issued on provides access to the texts of formal of that document on the Applicant. October 15, 2019, identified a May 2020 documents issued by the Commission, Notice is hereby given that the draft Environmental Impact Statement such as orders, notices, and rule deadline for filing protests with regard (EIS) issuance date and an October 2, makings.

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Dated: March 16, 2020. Filed Date: 3/19/20. Entity, Inc. for Approval of Proposed Kimberly D. Bose, Accession Number: 20200319–5014. Regional Reliability Standard BAL–001– Secretary. Comments Due: 5 p.m. ET 4/9/20. TRE–2 ? Primary. [FR Doc. 2020–06232 Filed 3–24–20; 8:45 am] Docket Numbers: ER20–1345–000. Filed Date: 3/17/20. Accession Number: 20200317–5209. BILLING CODE 6717–01–P Applicants: Midcontinent Independent System Operator, Inc. Comments Due: 5 p.m. ET 4/16/20. Description: § 205(d) Rate Filing: The filings are accessible in the DEPARTMENT OF ENERGY 2020–03–19_SA 3449 GridLiance-IPGC Commission’s eLibrary system by GIA to be effective 2/28/2020. clicking on the links or querying the Federal Energy Regulatory Filed Date: 3/19/20. docket number. Commission Accession Number: 20200319–5032. Any person desiring to intervene or Comments Due: 5 p.m. ET 4/9/20. protest in any of the above proceedings Combined Notice of Filings #1 must file in accordance with Rules 211 Docket Numbers: ER20–1346–000. and 214 of the Commission’s Take notice that the Commission Applicants: Midcontinent Regulations (18 CFR 385.211 and received the following exempt Independent System Operator, Inc. wholesale generator filings: Description: § 205(d) Rate Filing: 385.214) on or before 5:00 p.m. Eastern 2020–03–19_SA 3447 GridLiance-EEI time on the specified comment date. Docket Numbers: EG20–103–000. Protests may be considered, but Applicants: Mechanicsville Solar, GIA (Unit 5) to be effective 2/28/2020. intervention is necessary to become a LLC. Filed Date: 3/19/20. Accession Number: 20200319–5050. party to the proceeding. Description: Self-Certification of EG of eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 4/9/20. Mechanicsville Solar, LLC. information relating to filing Filed Date: 3/18/20. Docket Numbers: ER20–1347–000. requirements, interventions, protests, Accession Number: 20200318–5164. Applicants: Midcontinent Comments Due: 5 p.m. ET 4/8/20. service, and qualifying facilities filings Independent System Operator, Inc. can be found at: http://www.ferc.gov/ Docket Numbers: EG20–104–000. Description: § 205(d) Rate Filing: docs-filing/efiling/filing-req.pdf. For Applicants: Albemarle Beach Solar, _ 2020–03–19 SA 3448 GridLiance-EEI other information, call (866) 208–3676 LLC. GIA (Unit 6) to be effective 2/28/2020. (toll free). For TTY, call (202) 502–8659. Description: Self-Certification of EG of Filed Date: 3/19/20. Albemarle Beach Solar, LLC. Accession Number: 20200319–5021. Dated: March 19, 2020. Filed Date: 3/18/20. Comments Due: 5 p.m. ET 4/9/20. Nathaniel J. Davis, Sr., Accession Number: 20200318–5169. Docket Numbers: ER20–1348–000. Deputy Secretary. Comments Due: 5 p.m. ET 4/8/20. Applicants: AEP Texas Inc. [FR Doc. 2020–06229 Filed 3–24–20; 8:45 am] Take notice that the Commission Description: § 205(d) Rate Filing: BILLING CODE 6717–01–P received the following electric rate AEPTX-King Creek Wind Farm filings: Interconnection Agreement to be Docket Numbers: ER18–1314–003. effective 3/10/2020. DEPARTMENT OF ENERGY Applicants: PJM Interconnection, Filed Date: 3/19/20. Federal Energy Regulatory L.L.C. Accession Number: 20200319–5072. Commission Description: Compliance filing: Comments Due: 5 p.m. ET 4/9/20. Compliance in EL16–49 and EL18–178, Docket Numbers: ER20–1349–000. Combined Notice of Filings Request for Waiver, Extended Comment Applicants: CNR Energy LLC. Period to be effective 12/31/9998. Description: Notice of Cancellation of Take notice that the Commission has Filed Date: 3/18/20. Market-Based Rate Tariff of CNR Energy received the following Part 284 Natural Accession Number: 20200318–5149. LLC. Gas Pipeline Rate filings: Comments Due: 5 p.m. ET 4/22/20. Filed Date: 3/19/20. Docket Number: PR20–45–000. Docket Numbers: ER20–1073–000. Accession Number: 20200319–5103. Applicants: NorthWestern Applicants: SR Terrell, LLC. Comments Due: 5 p.m. ET 4/9/20. Corporation. Description: Report Filing: Description: Tariff filing per Supplement to Market-Based Rate Docket Numbers: ER20–1350–000. Applicants: Orange and Rockland 284.123(b),(e)/: Revised Transportation Application to be effective N/A. & Storage Rates (Tax & Gas Trackers) to Filed Date: 3/13/20. Utilities, Inc. Description: § 205(d) Rate Filing: be effective 1/1/2020. Accession Number: 20200313–5079. Filed Date: 3/18/2020. Comments Due: 5 p.m. ET 4/3/20. Attachment J—Municipal Underground Accession Number: 20200318–5115. Surcharge Revision to be effective Docket Numbers: ER20–1343–000. Comments/Protests Due: 5 p.m. ET Applicants: Midcontinent 4/1/2020. 4/8/2020. Filed Date: 3/19/20. Independent System Operator, Inc. Docket Number: RP15–1022–015. Accession Number: 20200319–5107. Description: § 205(d) Rate Filing: Applicants: Alliance Pipeline L.P. 2020–03–19_SA 3446 GridLiance-EEI Comments Due: 5 p.m. ET 4/9/20. Description: Alliance Pipeline L.P. GIA (Unit 4) to be effective 2/28/2020. Take notice that the Commission submits tariff filing per 154.203: ALP Filed Date: 3/19/20. received the following electric Request to amend the Settlement. Accession Number: 20200319–5049. reliability filings: Filed Date: 3/18/2020. Comments Due: 5 p.m. ET 4/9/20. Docket Numbers: RD20–5–000. Accession Number: 20200318–5140. Docket Numbers: ER20–1344–000. Applicants: North American Electric Comments/Protests Due: 5 p.m. ET Applicants: Midcontinent Reliability Corp. 3/23/2020. Independent System Operator, Inc. Description: Supplement to March 11, The filings are accessible in the Description: § 205(d) Rate Filing: 2020 Joint Petition of the North Commission’s eLibrary system by 2020–03–19_SA 3450 GridLiance-MEP American Electric Reliability clicking on the links or querying the GIA to be effective 2/28/2020. Corporation and Texas Reliability docket number.

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Any person desiring to intervene or FEDERAL COMMUNICATIONS Title: Section 90.20 (xiv), Public protest in any of the above proceedings COMMISSION Safety Pool. must file in accordance with Rules 211 Form Number: N/A. and 214 of the Commission’s [OMB 3060–1231, FRS 16591] Type of Review: Extension of a Regulations (18 CFR 385.211 and currently approved collection. 385.214) on or before 5:00 p.m. Eastern Information Collection Being Reviewed Respondents: Business or other for- time on the specified date(s). Protests by the Federal Communications profit entities, and State, Local, or Tribal may be considered, but intervention is Commission Under Delegated government. necessary to become a party to the Authority Number of Respondents and proceeding. Reponses: 4 respondents; 4 responses. AGENCY: Federal Communications Estimated Time per Response: 1 hour. eFiling is encouraged. More detailed Commission. information relating to filing Frequency of Response: One-time; on requirements, interventions, protests, ACTION: Notice and request for occasion reporting requirement and service, and qualifying facilities filings comments. third party disclosure requirement. Obligation to Respond: Required to can be found at: http://www.ferc.gov/ SUMMARY: As part of its continuing effort obtain or retain benefits. Statutory docs-filing/efiling/filing-req.pdf. For to reduce paperwork burdens, and as authority for these collections are other information, call (866) 208–3676 required by the Paperwork Reduction contained in Sections 1, 2, 4(i), 4(j), 301, (toll free). For TTY, call (202) 502–8659. Act (PRA) of 1995, the Federal 303, 316, and 337 of the Dated: March 19, 2020. Communications Commission (FCC or Communications Act of 1934, as Nathaniel J. Davis, Sr., the Commission) invites the general amended, 47 U.S.C. 151, 152, 154(i), Deputy Secretary. public and other Federal agencies to 154(j), 301, 303, 316, and 337. [FR Doc. 2020–06230 Filed 3–24–20; 8:45 am] take this opportunity to comment on the Total Annual Burden: 4 hours. BILLING CODE 6717–01–P following information collection. Total Annual Cost: No Cost. Comments are requested concerning: Privacy Act Impact Assessment: No Whether the proposed collection of impact(s). information is necessary for the proper Nature and Extent of Confidentiality: EXPORT-IMPORT BANK performance of the functions of the There is no need for confidentiality with Commission, including whether the this collection of information. Sunshine Act Meeting; Notice of an information shall have practical utility; Needs and Uses: On August, 23, 2016, Open Meeting of the Board of Directors the accuracy of the Commission’s the Federal Communications of the Export-Import Bank of the burden estimate; ways to enhance the Commission released a Report and United States quality, utility, and clarity of the Order, FCC 16–113, PS Docket No. 15– information collected; ways to minimize 199 that modified Part 90 of the Rules TIME AND DATE: Wednesday, March 25, the burden of the collection of Private Land Mobile Radio Services. 2020 at 2 p.m. information on the respondents, The amended rule revises the Part 90 PLACE: The meeting will be held via including the use of automated eligibility rules to permit railroad police Teleconference. collection techniques or other forms of officers to access the interoperability. Specifically, the Commission modified STATUS: The meeting will be open to information technology; and ways to Section 90.20(xiv) to provide that: public observation by teleconference. further reduce the information collection burden on small business (xiv)(A) Railroad police officers are a MATTER TO BE CONSIDERED: Item No. 1— concerns with fewer than 25 employees. class of users eligible to operate on the EXIM COVID–19 (coronavirus) The FCC may not conduct or sponsor a nationwide interoperability and mutual Temporary Relief Measures Update. collection of information unless it aid channels listed in 90.20(i) provided CONTACT PERSON FOR MORE INFORMATION: displays a currently valid control their employer holds a Private Land Members of the public who wish to number. No person shall be subject to Mobile Radio (PLMR) license of any attend the meeting should email Joyce any penalty for failing to comply with radio category, including Industrial/ Stone, Office of the General Counsel, a collection of information subject to the Business (I/B). Eligible users include 811 Vermont Avenue NW, Washington, PRA that does not display a valid Office full and part time railroad police DC 20571 ([email protected]) by of Management and Budget (OMB) officers, Amtrak employees who qualify close of business Tuesday, March 24, control number. as railroad police officers under this 2020. Individuals will be given call-in subsection, Alaska Railroad employees DATES: Written PRA comments should information upon notice of attendance be submitted on or before May 26, 2020. who qualify as railroad police officers to EXIM. If you anticipate that you will be under this subsection, freight railroad NOTE: Pursuant to 5 U.S.C. 552b(e)(1) submitting comments, but find it employees who qualify as railroad and 12 CFR 407.4, the agency has difficult to do so within the period of police officers under this subsection, determined that agency business time allowed by this notice, you should and passenger transit lines police requires that a meeting be called with advise the contact listed below as soon officers who qualify as railroad police less that the required week notice in as possible. officers under this subsection. Railroads and railroad police departments may order to address the economic ADDRESSES: Direct all PRA comments to consequences caused by the exigencies obtain licenses for the nationwide Nicole Ongele, FCC, via email PRA@ interoperability and mutual aid of the COVID–19 virus. Accordingly, fcc.gov and to [email protected]. this notice is being published at the channels on behalf of railroad police earliest practicable time. FOR FURTHER INFORMATION CONTACT: For officers in their employ. Employers of additional information about the railroad police officers must obtain Joyce Stone, information collection, contact Nicole concurrence from the relevant state Assistant Corporate Secretary. Ongele at (202) 418–2991. interoperability coordinator or regional [FR Doc. 2020–06279 Filed 3–23–20; 11:15 am] SUPPLEMENTARY INFORMATION: planning committee before applying for BILLING CODE 6690–01–P OMB Control Number: 3060–1231. a license to the Federal

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Communications Commission or imposed by this requirement would be ADDRESSES: Direct all PRA comments to operating on the interoperability and minimal. Cathy Williams, FCC, via email PRA@ mutual aid channels. Federal Communications Commission. fcc.gov and to [email protected]. (1) Railroad police officer means a Cecilia Sigmund, FOR FURTHER INFORMATION CONTACT: For peace officer who is commissioned in additional information about the his or her state of legal residence or state Federal Register Liaison Officer, Office of the Secretary. information collection, contact Cathy of primary employment and employed, Williams at (202) 418–2918. full or part time, by a railroad to enforce [FR Doc. 2020–06233 Filed 3–24–20; 8:45 am] SUPPLEMENTARY INFORMATION: state laws for the protection of railroad BILLING CODE 6712–01–P OMB Control Number: 3060–0844. property, personnel, passengers, and/or Title: Carriage of the Transmissions of cargo. (2) Commissioned means that a state FEDERAL COMMUNICATIONS Television Broadcast Stations: Section official has certified or otherwise COMMISSION 76.56(a), Carriage of qualified designated a railroad employee as noncommercial educational stations; qualified under the licensing [OMB 3060–0844; FRS 16590] Section 76.57, Channel positioning; requirements of that state to act as a Section 76.61(a)(1)–(2), Disputes railroad police officer in that state. Information Collection Being Reviewed concerning carriage; Section 76.64, (3) Property means rights-of-way, by the Federal Communications Retransmission consent. easements, appurtenant property, Commission Form Number: N/A. equipment, cargo, facilities, and Type of Review: Revision of a buildings and other structures owned, AGENCY: Federal Communications currently approved collection. leased, operated, maintained, or Commission. Respondents: Business or other for- transported by a railroad. ACTION: Notice and request for profit entities. (4) Railroad means each class of comments. Number of Respondents and freight railroad (i.e., Class I, II, III); Responses: 4,902 respondents and 7,082 Amtrak, Alaska Railroad, commuter SUMMARY: As part of its continuing effort responses. railroads and passenger transit lines. to reduce paperwork burdens, and as Estimated Time per Response: 0.5 to (5) The word state, as used herein, required by the Paperwork Reduction 5 hours. encompasses states, territories and the Act (PRA) of 1995, the Federal Frequency of Response: On occasion District of Columbia. Communications Commission (FCC or reporting requirement; Third party (B) Eligibility for licensing on the 700 Commission) invites the general public disclosure requirement. MHz narrowband interoperability and other Federal agencies to take this Obligation to Respond: Required to channels is restricted to entities that opportunity to comment on the obtain or retain benefits. The statutory have as their sole or principal purpose following information collections. authority for this action is contained in the provision of public safety services. Comments are requested concerning: Sections 1, 4(i) and (j), 325, 338, 614, To effectively implement the Whether the proposed collection of 615, 631, 632, and 653 of the provisions of the new Rule, no other information is necessary for the proper Communications Act of 1934, as modifications to existing FCC rules are performance of the functions of the amended, 47 U.S.C. 151, 154(i) and (j), required. The changes are intended to Commission, including whether the 325, 338, 534, 535, 551, 552, and 573. simplify the licensing process for information shall have practical utility; Total Annual Burden: 4,486 hours. railroad police officers and ensure the accuracy of the Commission’s Total Annual Cost: No cost. interoperable communications. The burden estimate; ways to enhance the Nature and Extent of Confidentiality: modified rules provide a benefit to quality, utility, and clarity of the There is no need for confidentiality with public safety licensees by ensuring that information collected; ways to minimize this collection of information. only railroad police officers with the burden of the collection of Privacy Impact Assessment: No appropriate governmental authorization information on the respondents, impact(s). can operate on the interoperability and including the use of automated Needs and Uses: Under Section 614 of mutual aid channels during collection techniques or other forms of the Communications Act and the emergencies. This will provide the information technology; and ways to implementing rules adopted by the additional benefit of promoting further reduce the information Commission, commercial TV broadcast interoperability with railroad police collection burden on small business stations are entitled to assert mandatory officers by eliminating eligibility as a concerns with fewer than 25 employees. carriage rights on cable systems located gating factor when licensing spectrum. within the station’s television market. The Report and Order reduces the The FCC may not conduct or sponsor Under Section 325(b) of the burden on railroad police by allowing a collection of information unless it Communications Act, commercial TV them to meet eligibility standard by displays a currently valid OMB control broadcast stations are entitled to requiring employers of railroad police number. No person shall be subject to negotiate with local cable systems for officers to obtain concurrence from the any penalty for failing to comply with carriage of their signal pursuant to relevant state interoperability a collection of information subject to the retransmission consent agreements in coordinator or regional planning PRA that does not display a valid OMB lieu of asserting must carry rights. This committee before applying for a license control number. system is therefore referred to as ‘‘Must- to the Federal Communications DATES: Written PRA comments should Carry and Retransmission Consent.’’ Commission or operating on the be submitted on or before May 26, 2020. Under Section 615 of the interoperability and mutual aid If you anticipate that you will be Communications Act, noncommercial channels. Compliance with this submitting comments but find it educational (NCE) stations are also requirement is already a requisite for difficult to do so within the period of entitled to assert mandatory carriage public safety eligibility to use the time allowed by this notice, you should rights on cable systems located within interoperability and mutual aid advise the contact listed below as soon the station’s market; however, channels, consequently any new burden as possible. noncommercial TV broadcast stations

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are not entitled to retransmission identify specific cable systems for Reserve Bank indicated. The consent. which a carriage election applies only if applications will also be available for In 2019, the Commission adopted new the broadcaster changes its election for inspection at the offices of the Board of rules governing the delivery and form of some systems of the cable operator but Governors. Interested persons may carriage election notices. Electronic not all. In addition, the broadcaster express their views in writing on the Delivery of MVPD Communications, must carbon copy ElectionNotices@ standards enumerated in paragraph 7 of Modernization of Media Regulation FCC.gov, the Commission’s election the Act. Initiative, MB Docket Nos. 17–105, 17– notice verification email inbox, when Comments regarding each of these 317, Report and Order and Further sending its carriage elections to MVPDs. applications must be received at the Notice of Proposed Rulemaking, FCC All qualified LPTV stations, whether Reserve Bank indicated or the offices of 19–69, 34 FCC Rcd 5922(2019) (2019 being carried pursuant to must carry or the Board of Governors, Ann E. Report and Order). That decision retransmission consent, must send an Misback, Secretary of the Board, 20th modernized the carriage election notice email notice to all MVPDs that are or Street and Constitution Avenue NW, rules by moving the process online for will be carrying the station no later than Washington, DC 20551–0001, not later most broadcasters and multichannel the next carriage election deadline of than April 8, 2020. video programming distributors October 1, 2020. Qualified LPTVs must A. Federal Reserve Bank of St. Louis (MVPDs), but the Commission sought do so even if they are not changing their (David L. Hubbard, Senior Manager) comment on how to apply these carriage status from the current election P.O. Box 442, St. Louis, Missouri updated rules to certain small broadcast cycle. These notifications must be sent 63166–2034. Comments can also be sent stations and MVPDs. to an MVPD’s carriage election-specific electronically to In 2020, the Commission adopted a email address, must be copied to [email protected]: Report and Order that resolved the [email protected], and must 1. The Combs Family Trust dated remaining issues regarding carriage include the same information required March 12, 2015, Kendall L. Combs and election notice rules for small broadcast for a change notification except that the Patricia A. Combs, as co-trustees, both stations and MVPDs. Electronic Delivery notification may simply confirm the of Hollister, Missouri; Randall G. Combs of MVPD Communications, existing carriage status rather than a or Beckie D. Combs, Alton, Missouri; the Modernization of Media Regulation change in status. Michael D. Combs and Sandra L. Combs Initiative, MB Docket Nos. 17–105, 17– All qualified NCE translator stations Family Revocable Trust dated January 317, Report and Order, FCC 20–14, 2020 must provide email notice to all MVPDs 7, 2016, Michael D. Combs and Sandra WL 948697 (rel. Feb. 25, 2020) (2020 that are or will be carrying the translator L. Combs, as co-trustees, both of Walnut Report and Order). Pursuant to that no later than the next carriage election Shade, Missouri; to acquire and to retain decision, the obligations of certain small deadline of October 1, 2020. Similar to voting shares of Alton Bancshares, Inc., broadcasters and MVPDs were slightly qualified LPTVs, these notifications and thereby indirectly acquire and modified. must be sent to an MVPD’s carriage retain voting shares of Alton Bank, both This information collection is being of Alton, Missouri, and First revised to reflect the changes to 47 CFR election-specific email address, must be copied to [email protected], and Community Bank of The Ozarks, 76.64(h) as well as other new Branson, Missouri. obligations adopted in the 2020 Report must include the station’s call sign, the and Order, which require review and station’s community of license, and the Board of Governors of the Federal Reserve approval from the Office of Management DMA where the station is located and System, March 19, 2020. and Budget (OMB). within which it has elected to be Yao-Chin Chao, 47 CFR 76.64(h)(5) is amended to carried. Assistant Secretary of the Board. require low power television stations Federal Communications Commission. [FR Doc. 2020–06195 Filed 3–24–20; 8:45 am] and non-commercial educational Cecilia Sigmund, BILLING CODE 6210–01–P translator stations that are qualified Federal Register Liaison Officer, Office of the under 47 CFR 76.55 and retransmitted Secretary. by an MVPD to, beginning no later than [FR Doc. 2020–06235 Filed 3–24–20; 8:45 am] FEDERAL TRADE COMMISSION July 31, 2020, respond as soon as is BILLING CODE 6712–01–P reasonably possible to messages or calls [File No. 191 0082] from MVPDs that are received via the Danaher Corporation; Analysis of email address or phone number the FEDERAL RESERVE SYSTEM Agreement Containing Consent Orders station provides in the Commission’s To Aid Public Comment Licensing and Management System Change in Bank Control Notices; (LMS) database. Acquisitions of Shares of a Bank or AGENCY: Federal Trade Commission. A qualified Low Power Television Bank Holding Company ACTION: Proposed consent agreement; (LPTV) station that changes its carriage request for comment. election must send an election change The notificants listed below have notice to each affected MVPD’s carriage applied under the Change in Bank SUMMARY: The consent agreement in this election-specific email address by the Control Act (Act) (12 U.S.C. 1817(j)) and matter settles alleged violations of carriage election deadline. Such change § 225.41 of the Board’s Regulation Y (12 federal law prohibiting unfair methods notices must include, with respect to CFR 225.41) to acquire shares of a bank of competition. The attached Analysis of each station covered by the notice: The or bank holding company. The factors Agreement Containing Consent Order to station’s call sign, the station’s that are considered in acting on the Aid Public Comment describes both the community of license, the DMA where applications are set forth in paragraph 7 allegations in the complaint and the the station is located, the specific of the Act (12 U.S.C. 1817(j)(7)). terms of the consent order—embodied change being made in election status, The applications listed below, as well in the consent agreement—that would and an email address and phone as other related filings required by the settle these allegations. number for carriage-related questions. Board, if any, are available for DATES: Comments must be received on LPTV notices to cable operators need to immediate inspection at the Federal or before April 24, 2020.

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ADDRESSES: Interested parties may file the envelope, and mail your comment to FTC Rule 4.9(c), and the General comments online or on paper, by the following address: Federal Trade Counsel grants that request. following the instructions in the Commission, Office of the Secretary, Visit the FTC website at http:// Request for Comment part of the 600 Pennsylvania Avenue NW, Suite www.ftc.gov to read this Notice and the SUPPLEMENTARY INFORMATION section CC–5610 (Annex D), Washington, DC news release describing it. The FTC Act below. Please write: ‘‘Danaher 20580; or deliver your comment to the and other laws that the Commission Corporation; File No. 191 0082’’ on your following address: Federal Trade administers permit the collection of comment, and file your comment online Commission, Office of the Secretary, public comments to consider and use in at https://www.regulations.gov by Constitution Center, 400 7th Street SW, this proceeding, as appropriate. The following the instructions on the web- 5th Floor, Suite 5610 (Annex D), Commission will consider all timely based form. If you prefer to file your Washington, DC 20024. If possible, and responsive public comments that it comment on paper, please mail your submit your paper comment to the receives on or before April 24, 2020. For comment to the following address: Commission by courier or overnight information on the Commission’s Federal Trade Commission, Office of the service. privacy policy, including routine uses Secretary, 600 Pennsylvania Avenue Because your comment will be placed permitted by the Privacy Act, see NW, Suite CC–5610 (Annex D), on the publicly accessible website at https://www.ftc.gov/site-information/ Washington, DC 20580, or deliver your https://www.regulations.gov, you are privacy-policy. comment to the following address: solely responsible for making sure that Analysis of Agreement Containing Federal Trade Commission, Office of the your comment does not include any Consent Order To Aid Public Comment Secretary, Constitution Center, 400 7th sensitive or confidential information. In Street SW, 5th Floor, Suite 5610 (Annex particular, your comment should not Introduction include any sensitive personal D), Washington, DC 20024. The Federal Trade Commission information, such as your or anyone FOR FURTHER INFORMATION CONTACT: Lisa (‘‘Commission’’) has accepted, subject to else’s Social Security number; date of DeMarchi Sleigh (202–326–2535), final approval, an Agreement birth; driver’s license number or other Bureau of Competition, Federal Trade state identification number, or foreign Containing Consent Orders (‘‘Consent Commission, 600 Pennsylvania Avenue country equivalent; passport number; Agreement’’) from Danaher Corporation NW, Washington, DC 20580. financial account number; or credit or (‘‘Danaher’’) designed to remedy the SUPPLEMENTARY INFORMATION: Pursuant debit card number. You are also solely anticompetitive effects resulting from to Section 6(f) of the Federal Trade responsible for making sure your Danaher’s proposed acquisition of the Commission Act, 15 U.S.C. 46(f), and comment does not include any sensitive GE Biopharma business of General FTC Rule 2.34, 16 CFR 2.34, notice is health information, such as medical Electric Company’s (‘‘GE’’) GE hereby given that the above-captioned records or other individually Healthcare Life Sciences division. consent agreement containing a consent identifiable health information. In Under the terms of the proposed order to cease and desist, having been addition, your comment should not Consent Agreement, Danaher is required filed with and accepted, subject to final include any ‘‘trade secret or any to divest all of the rights and assets approval, by the Commission, has been commercial or financial information related to the following products to placed on the public record for a period which . . . is privileged or Sartorius AG (‘‘Sartorius’’): (1) of thirty (30) days. The following confidential’’—as provided by Section Microcarrier beads; (2) conventional Analysis of Agreement Containing 6(f) of the FTC Act, 15 U.S.C. 46(f), and low-pressure liquid chromatography Consent Order to Aid Public Comment FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— (‘‘LPLC’’) columns; (3) conventional describes the terms of the consent including in particular competitively LPLC skids; (4) single-use LPLC skids; agreement and the allegations in the sensitive information such as costs, (5) three affected chromatography complaint. An electronic copy of the sales statistics, inventories, formulas, resins; (6) LPLC continuous full text of the consent agreement patterns, devices, manufacturing chromatography systems; (7) single-use package can be obtained from the FTC processes, or customer names. TFF systems; and (8) label-free website (for March 19, 2020), at this web Comments containing material for molecular characterization instruments. address: https://www.ftc.gov/news- which confidential treatment is The proposed Consent Agreement has events/commission-actions. requested must be filed in paper form, been placed on the public record for You can file a comment online or on must be clearly labeled ‘‘Confidential,’’ thirty days for receipt of comments by paper. For the Commission to consider and must comply with FTC Rule 4.9(c). interested persons. Comments received your comment, we must receive it on or In particular, the written request for during this period will become part of before April 24, 2020. Write ‘‘Danaher confidential treatment that accompanies the public record. After thirty days, the Corporation; File No. 191 0082’’ on your the comment must include the factual Commission will review the comments comment. Your comment—including and legal basis for the request, and must received and decide whether it should your name and your state—will be identify the specific portions of the withdraw, modify, or make the Consent placed on the public record of this comment to be withheld from the public Agreement final. proceeding, including, to the extent record. See FTC Rule 4.9(c). Your Under the terms of the Equity and practicable, on the https:// comment will be kept confidential only Asset Purchase Agreement dated www.regulations.gov website. if the General Counsel grants your February 25, 2019, Danaher will acquire Postal mail addressed to the request in accordance with the law and the GE Biopharma business in exchange Commission is subject to delay due to the public interest. Once your comment for $21.4 billion (the ‘‘Acquisition’’). heightened security screening. As a has been posted on the public FTC The Commission’s Complaint alleges result, we encourage you to submit your website—as legally required by FTC that the proposed Acquisition, if comments online through the https:// Rule 4.9(b)—we cannot redact or consummated, would violate Section 7 www.regulations.gov website. remove your comment from the FTC of the Clayton Act, as amended, 15 If you prefer to file your comment on website, unless you submit a U.S.C. 18, and Section 5 of the Federal paper, write ‘‘Danaher Corporation; File confidentiality request that meets the Trade Commission Act, as amended, 15 No. 191 0082’’ on your comment and on requirements for such treatment under U.S.C. 45, by substantially lessening

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competition in the markets for: (1) and reduce the number of major stationary phase of the LPLC process. Microcarrier beads; (2) conventional suppliers from three to two. The parties both supply resins, although low-pressure liquid chromatography GE has a broad portfolio of resins while II. Conventional Low-Pressure Liquid (‘‘LPLC’’) columns; (3) conventional Danaher has more limited offerings. Chromatography Columns LPLC skids; (4) single-use LPLC skids; Each resin type differs in its chemical (5) three affected chromatography LPLC columns separate wanted from characteristics and features, and specific resins; (6) LPLC continuous unwanted molecules by using a liquid purification and production steps chromatography systems; (7) single-use or gaseous phase to carry the cell mass require different resins for the TFF systems; and (8) label-free through an adsorbent serving as a processing of particular molecules. molecular characterization instruments. stationary phase. Conventional LPLC Because of their distinct attributes and The proposed Consent Agreement will columns are containers that hold uses, each type of resin appears to remedy the alleged violations by chromatography resins used as the constitute a distinct antitrust market. preserving the competition that adsorbent during the stationary phase. The parties have competitively otherwise would be lost in these These columns are made of glass, significant overlaps in three resin markets as a result of the proposed stainless steel, acrylic glass, or plastic. markets: Affinity resins, ion exchange Acquisition. This market is highly concentrated, with resins, and mixed mode resins. Affinity only four main suppliers, including resins use binding interactions between The Parties Danaher and GE. The parties have a a ligand and its binding partner to Headquartered in Washington, DC, combined market share of greater than capture the target molecule. Ion Danaher is a leading global 45 percent. Further, Danaher and GE are exchange resins separate molecules manufacturer of professional, medical, two of very few suppliers that offer based on their total electric charge. industrial, and commercial products larger, process-scale conventional LPLC Mixed mode resins use matrices and services through more than twenty columns, which is a segment of the functionalized with ligands capable of operating companies. Danaher sells market that is even more concentrated. multiple interactions that make this type of resin useful to purify target bioprocessing products primarily Other remaining chromatography proteins when other methods fail. through its wholly owned subsidiary suppliers consist of fringe of firms, each Danaher and GE are two of a limited Pall Corporation (‘‘Pall’’), including of which account for a small share of the market. number of competitors in the markets instruments and consumables that for affinity, ion exchange, and mixed support research, discovery, process III. Conventional Low-Pressure Liquid mode resins. Similar to the markets for development, and manufacturing Chromatography Skids chromatography hardware, GE is workflows of biopharmaceutical drugs. Conventional LPLC skids control the dominant in chromatography resins, Danaher sells other life science flow of liquid in the chromatography holding market shares of between 65 instruments, including molecular process. Conventional LPLC skids and 73 percent, 57 and 65 percent, and characterization used primarily in contain a system of pumps, valves, 56 and 64 percent in affinity, ion biopharmaceutical research sensors, tubing, electronic components, exchange, and mixed mode resins, applications, through its Molecular software, and flow paths composed of respectively, while Danaher’s market Devices, LLC operating company. multi-use components. GE is the leading share is significant but no greater than GE is a global conglomerate supplier of conventional LPLC skids ten percent in each resin market. headquartered in Boston, with a market share of over 30 percent. VI. Low-Pressure Liquid Massachusetts. GE Biopharma is a Danaher and GE currently compete Chromatography Continuous division of GE Healthcare Life Sciences directly for sales in the market for Chromatography Systems that manufactures and sells instruments, conventional LPLC skids, and there are consumables, and software that support few other significant suppliers. The A LPLC continuous chromatography the research, discovery, process Acquisition would substantially system consists of a skid and columns development, and manufacturing increase concentration in the market for that functions by regulating the flow of workflows of biopharmaceutical drugs. conventional LPLC skids. resins through the affixed columns in a continuous process that, for some uses, Products and Market Structures IV. Single-Use Low Pressure Liquid provides greater efficiency and cost I. Microcarrier Beads Chromatography Skids savings. The parties, however, appear to Single-use LPLC skids control the be the leading suppliers in the market. Microcarrier beads are used in cell flow of liquid in the chromatography Currently, Danaher has approximately culture bioprocessing. They provide a process and have the same function as 28 percent market share and GE has surface for the anchorage of dependent conventional LPLC skids except that the approximately 14 percent share. Only cells to attach and grow in cell culture flow path is composed of single-use three other suppliers compete in this vessels and bioreactors. Danaher and GE components. As is the case for market, and the combined firm would are the two leading global suppliers of conventional ones, GE is the dominant have a market share of over 40 percent. microcarrier beads and are each other’s supplier of single-use LPLC skids. VII. Single-Use Tangential Flow closest competitors. The only other According to market participants, in Filtration Systems significant supplier of microcarrier addition to GE and Danaher are two of beads is Corning, Inc., which is only three significant suppliers. The Single-use TFF systems control the substantially smaller than GE, the only other suppliers are fringe firms filtration process, which removes dominant supplier. The market for with few sales. Danaher and GE have a unwanted molecules during the cell microcarrier beads is highly combined market share of greater than growth phase of the bioprocessing concentrated. The parties have a 80 percent for single-use LPLC skids. workflow by running liquids through combined market share of greater than porous membranes. Single-use TTF 70 percent. The Acquisition would V. Chromatography Resins systems include sensors, valves, safety increase concentration in the Chromatography resins are chemically and security items, software, and microcarrier bead market substantially treated consumables that constitute the network communication hardware, as

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well as flow kits, manifolds, and pumps to exercise market power unilaterally, capability. Further, the proposed Order composed of single-use components. likely resulting in higher prices, requires Sartorius to seek the Customers typically use TFF for cell reduced innovation, and less choice for Commission’s approval in the event that clarification and for diafiltration, consumers. it seeks to sell certain divested assets or concentration, and microfiltration. TFF acquire certain assets that compete with Entry Conditions systems are configurable as the divested assets for a period of three conventional or single-use platforms. De novo entry in the relevant markets years. The provisions of the Consent With single-use TFF systems, suppliers would not be timely, likely, or sufficient Agreement ensure that Sartorius sell disposable flow kits (single-use in magnitude, character, and scope to becomes an independent, viable, and tubing) that are used as a consumable. deter or counteract the anticompetitive effective competitor to maintain the In contrast, conventional TFF systems effects of the proposed Acquisition. competition that currently exists. are made with stainless steel and must Entry into each of the relevant product Based in Go¨ttingen, Germany, be cleaned and validated after each use. markets requires a significant amount of Sartorius is a leading provider of Customers typically do not switch time and resources. In each relevant instruments, manufacturing systems, between single-use and conventional market, a new entrant would need to and associated consumables for the life TFF systems, and they do not view develop products with high levels of sciences industry including other types of filtration systems as an performance and reliability to establish bioprocessing equipment used for drug economic or practical substitute for the brand recognition necessary to discovery, development, and single-use TFF systems. Danaher and GE compete effectively due to the premium commercialization. Sartorius’s existing are two important competitors in the customers place on suppliers’ track biopharma business includes products market for single-use TFF systems. GE’s records and reputations for reliable, that are highly complementary to the system has gained share since recently high-quality products. Attaining divestiture assets. Sartorius has the entering the market and currently requisite technological expertise and expertise, worldwide sales competes closely with Danaher’s intellectual property often prevents infrastructure, and resources to restore suppliers from developing new products system. The parties have a combined the competition that otherwise would in the relevant markets. These barriers share of the single-use TFF filtration have been lost due to the proposed can delay the launch of new products systems market of more than 35 percent. Acquisition. and prevent existing suppliers of other Danaher must accomplish the VIII. Label-Free Molecular equipment from developing new Characterization Instruments projects. Moreover, a potential entrant divestitures no later than 45 days after Label-free molecular characterization must establish a sufficient sales force consummating the proposed instruments characterize protein that offers high-quality technical Acquisition or ten days after receiving binding interaction and protein support and is capable of establishing all regulatory approvals necessary to concentration based on measurement of relationships with customers. Such consummate the divestiture. Until the optical, calorimetric, electrical, development efforts are difficult, time- Danaher completes the divestiture, the acoustic, and other physical reactions to consuming, and expensive, and often proposed Order requires Danaher to various stimuli. Researchers use these fail to result in a competitive product hold separate the entire Pall operating instruments for a number of reaching the market. company and the molecular applications, including drug discovery characterization business, as well as to The Consent Agreement and other biological research. Label-free maintain the divested assets. Danaher is molecular characterization instruments The Consent Agreement eliminates also required to submit compliance are a distinct relevant product market the competitive concerns raised by the reports to staff and to the proposed within the broader universe of proposed Acquisition by requiring monitor demonstrating compliance with molecular characterization instruments Danaher to divest its microcarrier beads; these asset maintenance provisions. By their own estimates Danaher has chromatography hardware including If the Commission determines that approximately 23 percent share and GE conventional LPLC chromatography Sartorius is not an acceptable acquirer, has about 39 percent leaving the columns, conventional LPLC or that the manner of the divestitures is combined firm with share greater than chromatography skids, and single-use not acceptable, the proposed Order 60 percent. The remainder of the market LPLC chromatography skids; three requires Danaher to unwind the sale of is highly fragmented and consists of less chromatography resins; LPLC rights and assets to Sartorius and then established instrument manufacturers continuous chromatography systems; divest the affected products to a and firms offering niche products. single-use TFF filtration systems; and Commission-approved acquirer within label-free molecular characterization six months of the date the Order Competitive Effects of the Acquisition instruments to Sartorius. Danaher must becomes final. To ensure compliance The proposed Acquisition would divest all assets and rights to research, with the Order, the Commission has likely result in substantial competitive develop, manufacture, market, and sell agreed to appoint a Monitor to ensure harm to consumers in the markets for these products, including all related that Danaher complies with all of its microcarrier beads; conventional LPLC intellectual property and other obligations pursuant to the Consent columns; conventional LPLC skids; confidential business information, Agreement and to keep the Commission single-use LPLC skids; three manufacturing technology, existing informed about the status of the transfer chromatography resins; LPLC inventory, and all related agreements to of the product rights and assets to continuous chromatography systems; manufacture and distribute the Sartorius. The proposed Order further single-use TFF systems; and label-free products. Additionally, to ensure that allows the Commission to appoint a molecular characterization. The parties the divestiture is successful and to trustee in the event that Danaher fails to are two of few significant suppliers of maintain continuity of supply, the divest the products as required. these products worldwide. Eliminating proposed Order requires Danaher to The purpose of this analysis is to the head-to-head competition between supply Sartorius with these products for facilitate public comment on the Danaher and GE in these concentrated a limited time while Sartorius Consent Agreement, and it is not markets would allow the combined firm establishes its own manufacturing intended to constitute an official

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interpretation of the proposed Order or making appropriate information structured interviews with people to modify its terms in any way. available to the physician at the time involved in the Initiative’s components, By direction of the Commission. they need it. CDS systems are usually including representatives from electronic health record (EHR)-based, academia, industry, health systems, and April J. Tabor, encompassing tools like alerts, clinical government. Key informants will Acting Secretary. guidelines, patient reports and include the following groups: [FR Doc. 2020–06212 Filed 3–24–20; 8:45 am] dashboards, diagnostic support, and Leaders: Includes AHRQ project BILLING CODE 6750–01–P workflow tools. These tools help reduce officers, contractor’s senior staff, and clinical errors and allow for senior consultants to Initiative customization to patient needs, components. Leaders are expected to DEPARTMENT OF HEALTH AND improving quality of care and patient have set the direction of the components HUMAN SERVICES outcomes. or activities and to be familiar with the The AHRQ Patient-Centered (PC) CDS activities, the processes of Agency for Healthcare Research and Learning Network (PC CDS LN) defines implementation, and their outputs in Quality PC CDS as: ‘‘CDS that supports their entirety. individual patients and their approved Contributors: Includes lead authors or Agency Information Collection care givers and/or care teams in health- content developers for a product or Activities: Proposed Collection; related decisions and actions by output of a component, and may overlap Comment Request leveraging information from PCOR with leaders. Examples of contributors AGENCY: Agency for Healthcare Research findings and/or patient-specific from the PC CDS LN include lead and Quality, HHS. information (e.g., patient-generated authors of the Trust Framework, Opioid Action Plan, or Patient Blogs; examples ACTION: Notice. health data).’’ Through PC CDS, AHRQ seeks to accelerate the movement of from the CDS Connect include SUMMARY: This notice announces the patient-centered outcomes research individuals who contributed CDS intention of the Agency for Healthcare (PCOR) evidence into practice and to artifacts to the repository. Research and Quality (AHRQ) to request make CDS more shareable, standards- Participants: Includes individuals that the Office of Management and based, and publicly available. who participated in workgroups of Budget (OMB) approve the proposed Traditionally, CDS initiatives have either the PC CDS LN or CDS Connect, information collection project ‘‘Patient- focused on provider-directed guidelines or participated in the development of Centered Outcomes Research Clinical and increasing the shareability of CDS one of the products. Decision Support: Current State and artifacts; however, PC CDS targets both Consumers: Includes individuals who have used a product developed by the Future Directions.’’ patients (and/or caregivers) and providers. Initiative, including artifacts found on DATES: Comments on this notice must be the CDS Connect repository and the received by 60 days after date of AHRQ’s effort to support PC CDS has included efforts such as the PC CDS LN, CDS Connect Authoring Tool in publication of this notice in the Federal particular. Individuals will be identified Register. CDS Connect, and other related grants and contracts. In this project, AHRQ from interviews with leaders, ADDRESSES: Written comments should seeks to conduct a comprehensive contributors, and participants, and be submitted to: Doris Lefkowitz, evaluation to assess the impact of through literature review for authors Reports Clearance Officer, AHRQ, by AHRQ’s PCOR CDS Initiative (the making references to Initiative products email at [email protected]. Initiative) on understanding of the (i.e., reports or artifacts). Copies of the proposed collection current state of PC CDS and to identify AHRQ and the evaluation contractor plans, data collection instruments, and gaps to guide AHRQ’s future research. will create a list of eligible key specific details on the estimated burden This research has the following goal: informants that reflect the appropriate can be obtained from the AHRQ Reports To assess the accomplishments and mix of roles and depth of experience to Clearance Officer. opportunities for the Initiative as a ensure comprehensive evaluation. Key FOR FURTHER INFORMATION CONTACT: whole, and each of its four individual informants will receive invitational Doris Lefkowitz, AHRQ Reports components: The PC CDS Learning emails that explain the scope and allow Clearance Officer, (301) 427–1477, or by Network, CDS Connect, Quantifying candidates to ask questions before emails at doris.lefkowitz@ Efficiencies, and the U18 CDS Resource declining or accepting the invitation. AHRQ.hhs.gov. Grants. We will include clinical staff in our sample of participants in the SUPPLEMENTARY INFORMATION: This study is being conducted by AHRQ through its contractor, NORC at Quantifying Efficiencies grant program, Proposed Project the University of Chicago, pursuant to the U18 grants and the two opioid- related CDS projects. Involving staff at ‘‘Patient-Centered Outcomes Research AHRQ’s statutory authority to clinical sites will also be critical to Clinical Decision Support: Current State disseminate government-funded understanding the value of PC CDS in and Future Directions’’ research relevant to comparative clinical effectiveness research. 42 U.S.C. 299b– the context of provider workflows and Research has shown that health care 37(a)–(c). burdens. quality in the U.S. varies significantly Web Survey: The purpose of the web and only half of adults receive evidence- Method of Collection survey is to understand more about who based, recommended care. Individuals To achieve these goals, the evaluation the users of CDS Connect resources are, with multiple chronic conditions (42% team will use key informant interviews their reasons for using the resources, of adults) and older adults are at and a web-based survey to gather how they use these resources, and their particular risk for negative health information about the programs from perceptions about their value. The CDS outcomes. Current evidence shows that stakeholders, contributors, and users of Connect resources of interest include clinical decision support (CDS) systems the CDS Initiative programs. the CDS Authoring Tool, artifacts in the improve adherence to evidence-based Key Informant Interviews: The CDS Connect Repository and open- practices by analyzing patient data and evaluation team will conduct semi- source CDS Connect resources available

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on Github, a platform for developing plans) were found to be most successful identify and shape strategies to promote and sharing software. Respondents will in furthering the various goals of the more effective implementation of PCOR be identified through a chain-referral Initiative? CDS in order to accelerate the methodology. The first set of survey 3. What do stakeholders perceive to movement of evidence into clinical invitations will be sent to a list of email be the impacts of the Initiative to date, practice and support patient-centered addresses of known contributors or including reflection on their own decision making by clinicians with their users of CDS Connect as well as a group involvement in it, and current or patients. of potential users of CDS Connect. At potential achievements, such as the the end of the survey, each respondent development of a common definition of Estimated Annual Respondent Burden will be asked to provide names and PC CDS and growth of interest in and email addresses for up to four other capacity for developing these types of Key Informant Interviews. Key users of CDS Connect resources. After CDS among stakeholders? informant interviews will be conducted the list of names from all referrals is 4. How does the Initiative address with up to 147 key informants across a deduplicated, a survey invitation will be federal policies for the dissemination variety of organizations involved in sent to these referrals. and implementation of evidence-based each component of the Initiative. NORC The survey instrument includes research funded by the PCOR Trust will use one of 14 interview protocols multiple choice questions that capture Fund, and how do they interact with based on the component the key important data points about use of CDS other federal policy initiatives designed informant is involved in and their role Connect resources, specifically the CDS to promote widespread use, in that component. As shown in Exhibit Authoring tool, GitHub resources, and interoperability and patient access to 1, the interview form names include the artifacts from the CDS Repository. information from EHRs with advanced type of role of the key informant in the Respondents will only be presented CDS. project. All interviews are expected to with more detailed questions about CDS 5. What can AHRQ learn from the last one hour. Some key informants may Connect resource usage based on their Initiative that is relevant to other serve multiple roles or work on multiple responses to initial screening questions. initiatives aimed at disseminating and projects. In these cases, the relevant The survey will take ten minutes on implementing clinical evidence and protocols will be combined and average to complete based on in-house evidence-based practices? How can the streamlined so that the informant only testing. lessons learned here inform future completes one interview. Some of the This mixed methods evaluation seeks research, implementation, and key informant interviews for the sites or to answer the following research dissemination initiatives? Opioid-related grants may be conducted questions about the Initiative as a Information collected by the study during the course of site visits at the whole: will inform strategies to promote the implementation sites, either with adoption of PCOR evidence into 1. To what extent has the Initiative individuals or small groups of promoted the dissemination and practice through CDS developed by respondents. implementation of PCOR findings AHRQ and other Department of Health through sharable, standards-based, and and Human Services agencies, including Web Survey. For the web survey, it is publicly available CDS and how? the Centers for Medicare & Medicaid estimated that 453 CDS Connect users 2. What activities carried out through Services (CMS) and the Office of the will respond to the 10-minute survey. each component (e.g., webinars, National Coordinator for Health IT, as The total annual burden hours for the workgroups, in-person meetings, well as state and local governments and key informant interviews and surveys is repositories, CDS artifacts and private health care organizations. estimated to be 224 hours as shown in development tools, final reports or Findings from the evaluation can help Exhibit 1.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Hours per Total burden Form name respondents response hours

PC CDS Learning Network—Leader ...... 7 1 7 PC CDS Learning Network—Governance/Non-Executive Steering Committee ...... 3 1 3 PC CDS Learning Network—Contributor ...... 8 1 8 CDS Connect—Leader ...... 5 1 5 CDS Connect—Contributor ...... 20 1 20 CDS Connect—Consumer/Patient ...... 25 1 25 CDS Connect—Participant ...... 10 1 10 Quantifying Efficiencies—Leader ...... 5 1 5 Quantifying Efficiencies—Informaticist ...... 4 1 4 Quantifying Efficiencies—Clinician ...... 8 1 8 PC CDS Projects –Site Leader ...... 18 1 18 PC CDS Projects—Informaticist ...... 10 1 10 PC CDS Projects—Clinician ...... 20 1 20 PC CDS Projects—Patient ...... 4 1 4 Web Survey of CDS Connect Users ...... 453 .17 77

Total ...... 600 ...... 224

Exhibit 2 shows the estimated annual respondents’ time to participate in this information collection, which comes to cost burden associated with the $14,371.85.

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EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

Average Form name Number of Total burden hourly wage Total cost interviews * hours rate ** burden

PC CDS Learning Network—Leader ...... 7 7 1 $59.54 $416.78 PC CDS Learning Network—Governance/Non-Executive Steering Com- mittee ...... 3 3 1 59.54 178.62 PC CDS Learning Network—Contributor ...... 8 8 1 59.54 476.33 CDS Connect—Leader ...... 5 5 1 59.54 297.71 CDS Connect—Contributor ...... 20 20 1 59.54 1,190.82 CDS Connect—Consumer ...... 25 25 1 59.54 1,488.53 CDS Connect—Participant ...... 10 10 1 59.54 595.41 Quantifying Efficiencies—Leader ...... 5 5 1 59.54 297.71 Quantifying Efficiencies—Informaticist ...... 4 4 1 59.54 238.16 Quantifying Efficiencies—Clinician ...... 8 8 1 101.43 811.46 PC CDS Projects –Site Leader ...... 18 18 1 59.54 1,071.74 PC CDS Projects—Informaticist ...... 10 10 1 59.54 595.40 PC CDS Projects—Clinician ...... 20 20 2 101.43 2,028.60 PC CDS Projects—Patient ...... 4 4 1 24.98 99.93 Web Survey of CDS Connect Users ...... 453 77 2 59.54 4,584.66

Total ...... 600 224 ...... 14,371.85 ** Wage rates were calculated using the mean hourly wage from the U.S. Department of Labor, Bureau of Labor Statistics, May 2018 National Occupational Employment and Wage Estimates for the United States, https://www.bls.gov/oes/current/oes_nat.htm. 1 Average rate for Computer Information and Research Scientists. 2 Average rate for Physicians and Surgeons. 3 Average rate for All Occupations.

Request for Comments DEPARTMENT OF HEALTH AND delegated the authority to sign Federal HUMAN SERVICES Register notices pertaining to In accordance with the Paperwork announcements of meetings and other Reduction Act, comments on AHRQ’s Centers for Disease Control and committee management activities, for information collection are requested Prevention both the Centers for Disease Control and with regard to any of the following: (a) Prevention and the Agency for Toxic Whether the proposed collection of Clinical Laboratory Improvement Substances and Disease Registry. information is necessary for the proper Advisory Committee (CLIAC); Kalwant Smagh, performance of AHRQ’s health care Cancellation of Meeting Director, Strategic Business Initiatives Unit, research and health care information Notice is hereby given of a change in Office of the Chief Operating Officer, Centers dissemination functions, including the meeting of the Clinical Laboratory for Disease Control and Prevention. whether the information will have Improvement Advisory Committee [FR Doc. 2020–06249 Filed 3–24–20; 8:45 am] practical utility; (b) the accuracy of (CLIAC); April 16, 2020, 8:30 a.m. to BILLING CODE 4163–18–P AHRQ’s estimate of burden (including 5:00 p.m., EDT and April 17, 2020, 8:30 hours and costs) of the proposed a.m. to 11:30 a.m., EDT, in the original collection(s) of information; (c) ways to FRN. Food and Drug Administration DEPARTMENT OF HEALTH AND enhance the quality, utility and clarity (FDA), White Oak Campus, 10903 New HUMAN SERVICES of the information to be collected; and Hampshire Avenue, Building 31, Great (d) ways to minimize the burden of the Room, Silver Spring, Maryland 20993 Centers for Disease Control and collection of information upon the and via webcast at www.cdc.gov/cliac Prevention respondents, including the use of which was published in the Federal Register on February 28, 2020, Volume Board of Scientific Counselors, automated collection techniques or National Center for Injury Prevention other forms of information technology. 85, Number 40, page 11993. This meeting is being canceled in its and Control, (BSC, NCIPC); Correction Comments submitted in response to entirety. Notice is hereby given of a change in this notice will be summarized and FOR FURTHER INFORMATION CONTACT: the meeting of the Board of Scientific included in the Agency’s subsequent Nancy Anderson, MMSc, MT(ASCP), Counselors, National Center for Injury request for OMB approval of the Senior Advisor for Clinical Laboratories, Prevention and Control, (BSC, NCIPC); proposed information collection. All Division of Laboratory Systems, Center April 30, 2020, 12:30 p.m. to 3:50 p.m., comments will become a matter of for Surveillance, Epidemiology and EDT which was published in the public record. Laboratory Services, Office of Public Federal Register on February 24, 2020, Dated: March 19, 2020. Health Scientific Services, Centers for Volume 85, Number 36, pages 10441– Virginia L. Mackay-Smith, Disease Control and Prevention, 1600 10442. Clifton Road NE, Mailstop V24–3, The SUMMARY should read as follows: Associate Director. Atlanta, Georgia 30329–4027, telephone SUMMARY: In accordance with the [FR Doc. 2020–06208 Filed 3–24–20; 8:45 am] (404) 498–2741; [email protected]. Federal Advisory Committee Act, the BILLING CODE 4160–90–P The Director, Strategic Business CDC announces the following meeting Initiatives Unit, Office of the Chief for the Board of Scientific Counselors, Operating Officer, Centers for Disease National Center for Injury Prevention Control and Prevention, has been and Control, (BSC, NCIPC). This

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meeting is open to the public limited Advisory Committee (TAC); March 12, Secretary, CDC/NIOSH, 1090 Tusculum only by the ports available. There will 2020, 9:30 a.m. to 5:30 p.m., EDT; and Avenue, MS R–5, Cincinnati, OH 45226, be 2,000 telephone ports available. The March 13, 2020, 9:30 a.m. to 5:30 p.m., telephone (513) 841–4596; agarcia1@ public comment period will be at the EDT; CDC, Chamblee Campus, Building cdc.gov. end of the meeting from 3:00 p.m.–3:45 106, Rooms 1A/1B, 4770, Buford The Director, Strategic Business p.m., EDT. Highway, Atlanta, GA 30341–3717, Initiatives Unit, Office of the Chief The public is encouraged to register to which was published in the Federal Operating Officer, Centers for Disease participate by telephone and/or provide Register on January 6, 2020, Volume 85, Control and Prevention, has been public comment using the registration Number 3, pages 505–506. delegated the authority to sign Federal form available at the link provided: This meeting is being canceled in its Register notices pertaining to https://www.surveymonkey.com/r/ entirety. announcements of meetings and other P6ZN7QX. Written comments may also FOR FURTHER INFORMATION CONTACT: committee management activities, for be submitted for the meeting record in CAPT Carmen Clelland, PharmD, MPA, both the Centers for Disease Control and advance using the registration form. MPH, Director, Office of Tribal Affairs Prevention and the Agency for Toxic Individuals registered to provide and Strategic Alliances, Center for State, Substances and Disease Registry. public comment will be called upon to Tribal, Local, and Territorial Support, speak based on the order of registration. Kalwant Smagh, CDC, 4770 Buford Highway, Mailstop After persons who have registered have Director, Strategic Business Initiatives Unit, V18–4, Atlanta, GA 30341–3717; Office of the Chief Operating Officer, Centers spoken, any remaining time in the Telephone: (404) 498–2205; Email: for Disease Control and Prevention. public comment period will be used for [email protected]. The Director, members of the public who have not [FR Doc. 2020–06246 Filed 3–24–20; 8:45 am] Strategic Business Initiatives Unit, registered, but wish to offer comment. BILLING CODE 4163–18–P Office of the Chief Operating Officer, Each individual making public Centers for Disease Control and comment during the meeting will have Prevention, has been delegated the DEPARTMENT OF HEALTH AND a 2-minute speaking limit to allow for as authority to sign Federal Register HUMAN SERVICES many comments as possible. Registered notices pertaining to announcements of individuals may also request that their meetings and other committee Centers for Disease Control and written comments be read during the management activities, for both the Prevention meeting, but such comments will be Centers for Disease Control and subject to the same duration limit. [Docket Number: NIOSH 278] Prevention and the Agency for Toxic FOR FURTHER INFORMATION CONTACT: Substances and Disease Registry. Board of Scientific Counselors, Gwendolyn H. Cattledge, Ph.D., National Institute for Occupational M.S.E.H., Deputy Associate Director for Kalwant Smagh, Safety and Health (BSC, NIOSH) Science, NCIPC, CDC, 4770 Buford Director, Strategic Business Initiatives Unit, Highway NE, Mailstop F–63, Atlanta, Office of the Chief Operating Officer, Centers AGENCY: Centers for Disease Control and Georgia 30341; telephone (770) 488– for Disease Control and Prevention. Prevention (CDC), Department of Health 3953; email address: NCIPCBSC@ [FR Doc. 2020–06247 Filed 3–24–20; 8:45 am] and Human Services (HHS). cdc.gov. BILLING CODE 4163–18–P ACTION: Notice of meeting. The Director, Strategic Business SUMMARY: Initiatives Unit, Office of the Chief In accordance with the Operating Officer, Centers for Disease DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, the CDC announces the following virtual Control and Prevention, has been HUMAN SERVICES meeting of the Board of Scientific delegated the authority to sign Federal Counselors, National Institute for Register notices pertaining to Centers for Disease Control and Occupational Safety and Health (BSC, announcements of meetings and other Prevention NIOSH). This meeting is open to the committee management activities, for Board of Scientific Counselors, public via webcast and by both the Centers for Disease Control and National Institute for Occupational teleconference. If you wish to attend, Prevention and the Agency for Toxic Safety and Health (BSC, NIOSH); please see the NIOSH website to register Substances and Disease Registry. Correction (http://www.cdc.gov/niosh/bsc/) or call Kalwant Smagh, (404–498–2539) at least five business Notice is hereby given of a change in days in advance of the meeting. Director, Strategic Business Initiatives Unit, the Solicitation of Nominations for Office of the Chief Operating Officer, Centers Teleconference is available toll-free; for Disease Control and Prevention. Appointment to the Board of Scientific please dial (855) 644–0229, and the Counselors, National Institute for [FR Doc. 2020–06250 Filed 3–24–20; 8:45 am] participant passcode 9777483. Adobe Occupational Safety and Health (BSC, BILLING CODE 4163–18–P Connect webcast will be available at NIOSH); which was published in the https://odniosh.adobeconnect.com/ Federal Register on March 9, 2020, nioshbsc/ for up to 100 participants. DEPARTMENT OF HEALTH AND Volume 85, No. 46, page 13653. The public is welcome to participate HUMAN SERVICES The received date for nominations of during the public comment period, from membership located in the DATES 12:45 p.m., EDT to 1:00 p.m., EDT on Centers for Disease Control and section should read as follows: April 28, 2020. Please note that the Prevention DATES: Nominations for membership on public comment period ends at the time the BSC must be received no later than CDC/ATSDR Tribal Advisory indicated above. Each commenter will April 20, 2020. Packages received after be provided up to five minutes for Committee (TAC); Cancellation of this time will not be considered for the Meeting comment. A limited number of time current membership cycle. slots are available and will be assigned Notice is hereby given of a change in FOR FURTHER INFORMATION CONTACT: on a first come-first served basis. the meeting of the CDC/ATSDR Tribal Alberto Garcia, M.S., Executive Written comments will also be accepted

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from those unable to attend the public Executive Secretary for scheduling the Paperwork Reduction Act of 1995, session via an on-line form at the purposes (see contact information ACF is soliciting public comment on the following website: http://www.cdc.gov/ below). Alternatively, written comments specific aspects of the information niosh/bsc/contact.html. to the BSC may be submitted via an on- collection described above. line form at the following website: DATES: The meeting will be held on ADDRESSES: Copies of the proposed April 28, 2020, from 8:30 a.m.–2:45 http://www.cdc.gov/niosh/bsc/ collection of information can be p.m., EDT. contact.html. obtained and comments may be The Director, Strategic Business ADDRESSES: Teleconference: Dial in forwarded by emailing infocollection@ Initiatives Unit, Office of the Chief number: (855) 644–0229, Participant acf.hhs.gov. Alternatively, copies can Operating Officer, Centers for Disease code: 9777483. Webcast: https:// also be obtained by writing to the Control and Prevention, has been odniosh.adobeconnect.com/nioshbsc/. Administration for Children and delegated the authority to sign Federal FOR FURTHER INFORMATION CONTACT: Families, Office of Planning, Research Register notices pertaining to and Evaluation (OPRE), 330 C Street Alberto Garcia, M.S., Executive announcements of meetings and other SW, Washington, DC 20201, Attn: ACF Secretary, BSC, NIOSH, CDC, 1090 committee management activities, for Reports Clearance Officer. All requests, Tusculum Avenue, MS–R5, Cincinnati, both the Centers for Disease Control and emailed or written, should be identified OH 45226, telephone (513) 841–4596, Prevention and the Agency for Toxic by the title of the information collection. fax (513) 841–4506, or email at Substances and Disease Registry. [email protected]. SUPPLEMENTARY INFORMATION: Kalwant Smagh, SUPPLEMENTARY INFORMATION: Description: OHSEPR leads HHS’s Purpose: The Secretary, the Assistant Director, Strategic Business Initiatives Unit, and ACF’s disaster human services Secretary for Health, and by delegation Office of the Chief Operating Officer, Centers for Disease Control and Prevention. missions conducted under the National the Director, Centers for Disease Control Response Framework’s Emergency [FR Doc. 2020–06248 Filed 3–24–20; 8:45 am] and Prevention, are authorized under Support Function 6 (ESF 6), Mass Care, Sections 301 and 308 of the Public BILLING CODE 4163–18–P Emergency Assistance, Temporary Health Service Act to conduct directly Housing, and Human Services. or by grants or contracts, research, OHSEPR’s ESF 6 disaster operations experiments, and demonstrations DEPARTMENT OF HEALTH AND HUMAN SERVICES include implementation of disaster relating to occupational safety and human services case management health and to mine health. The Board of Administration for Children and missions to connect disaster survivors to Scientific Counselors provides guidance Families resources and services that support their to the Director, National Institute for individual and family recovery from Occupational Safety and Health on Proposed Information Collection disaster. research and prevention programs. Activity; Immediate Disaster Case Specifically, the Board provides The primary purpose of the Management Intake Assessment (OMB information collection pertains to the guidance on the Institute’s research #0970–0461) activities related to developing and implementation of OHSEPR’s delivery evaluating hypotheses, systematically AGENCY: Office of Human Services, of case management services to documenting findings and Emergency Preparedness and Response, individuals and households impacted disseminating results. The Board Administration for Children and by a disaster. OHSEPR’s disaster case evaluates the degree to which the Families, HHS. managers collect information during intake assessments that is utilized to activities of the National Institute for ACTION: Request for public comment. Occupational Safety and Health: (1) identify a disaster survivor’s unmet Conform to appropriate scientific SUMMARY: The Office of Human needs and connect them with resources. standards, (2) address current, relevant Services, Emergency Preparedness and OHSEPR also utilizes this information needs, and (3) produce intended results. Response (OHSEPR) is the emergency to target resources and improve its Matters to be Considered: The agenda management office of the U.S. disaster human services operations. for the meeting addresses occupational Department of Health and Human The information collection will be safety and health issues related to: Services’ (HHS) Administration for used to support OHSEPR’s goal to Peracetic Acid: Overview of Analytical, Children and Families (ACF). OHSEPR quickly identify critical gaps, resources, Toxicology and Field Studies; NIOSH is requesting a 3-year extension of the needs, and services to support state, Center for Motor Vehicle Safety Immediate Disaster Case Management local, and non-profit capacity for Strategic Plan; New tools for real-time Intake Assessment tool (OMB #0970– disaster case management and to coding of industry and occupation in 0461). The content of the form has not augment and build human service field surveys; National Firefighter changed. There is one modification to capacity where none exists. All Registry Update; and Evaluation the proposed use of resulting aggregate information gathered will be used to (1) Capacity Building Plan Update. data, to include a use to advance provide case management services to Agenda items are subject to change as research with a goal of developing a survivors and (2) inform the delivery of priorities dictate. An agenda is also Quality Assurance/Performance disaster case management services and posted on the NIOSH website (http:// Improvement process. programmatic strategies and www.cdc.gov/niosh/bsc/). Members of DATES: Comments due within 60 days of improvements. the public who wish to address the publication. In compliance with the Respondents: Individuals impacted by NIOSH BSC are requested to contact the requirements of Section 3506(c)(2)(A) of a disaster.

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ANNUAL BURDEN ESTIMATES

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

Immediate Disaster Case Management Intake Assessment 1,564 1 1 1,564 521

Estimated Total Annual Burden Administration for Children and Description: This Notice is to solicit Hours: 521. Families (ACF). comments from the public on ACYF’s Comments: The Department ACTION: Request for public comment. proposed information collection specifically requests comments on (a) documents (application, State Plan, and whether the proposed collection of SUMMARY: The Administration on Performance Progress Report). information is necessary for the proper Children, Youth and Families (ACYF), performance of the functions of the Purpose and Use of the Information Family and Youth Services Bureau Collections: The application and State agency, including whether the (FYSB) is accepting mandatory formula information shall have practical utility; Plan will offer information about the grant applications and State Plans from proposed state project and it will be (b) the accuracy of the agency’s estimate states and territories for the used as the primary basis to determine of the burden of the proposed collection development of and implementation for whether or not the project meets the of information; (c) the quality, utility, Title V State Sexual Risk Avoidance minimum requirements for the award. and clarity of the information to be Education (SRAE) Program. The Title V collected; and (d) ways to minimize the State SRAE Funding Opportunity The Performance Progress Report will burden of the collection of information Announcement sets forth the inform the monitoring of the grantees on respondents, including through the application requirements for the receipt program design, program evaluation, use of automated collection techniques of the following documents from management improvement, service or other forms of information applicants and awardees: Application, quality, and compliance with agreed technology. Consideration will be given State Plan, and Performance Progress upon goals. ACYF/FYSB will use the to comments and suggestions submitted Report. within 60 days of this publication. information to assure effective service DATES: Comments due within 60 days of delivery. Finally, the data from this Authority: Section 426 of the Robert T. collection will be used to report Stafford Disaster Relief and Emergency publication. In compliance with the Assistance Act, as amended, 42 U.S.C. requirements of Section 3506(c)(2)(A) of outcomes and efficiencies and will the Paperwork Reduction Act of 1995, provide valuable information to policy Mary B. Jones, ACF is soliciting public comment on the makers and key stakeholders in the ACF/OPRE Certifying Officer. specific aspects of the information development of program and research [FR Doc. 2020–06182 Filed 3–24–20; 8:45 am] collection described above. efforts. BILLING CODE 4184–PC–P ADDRESSES: Copies of the proposed Respondents: Fifty states and nine collection of information can be territories, to include the District of DEPARTMENT OF HEALTH AND obtained and comments may be Columbia, Puerto Rico, Virgin Islands, HUMAN SERVICES forwarded by emailing infocollection@ Guam, American Samoa, Northern acf.hhs.gov. Alternatively, copies can Mariana Islands, the Federated States of Administration for Children and also be obtained by writing to the Micronesia, the Marshall Islands, and Families Administration for Children and Palau. Families, Office of Planning, Research Proposed Information Collection and Evaluation (OPRE), 330 C Street Activity: Title V State Sexual Risk SW, Washington, DC 20201, Attn: ACF Avoidance Education (SRAE) Program Reports Clearance Officer. All requests, (New Collection) emailed or written, should be identified AGENCY: The Administration on by the title of the information collection. Children, Youth and Families (ACYF); SUPPLEMENTARY INFORMATION:

ANNUAL BURDEN ESTIMATES

Total Total number of Average Total Annual Information collection title number of responses per burden hours burden burden respondents respondent per response hours hours

Application ...... 59 1 24 1,416 472 State Plan...... 59 3 40 7,080 2,360 Performance Progress Report ...... 59 6 16 5,664 1,888

Estimated Annual Burden Total: whether the proposed collection of information shall have practical utility; 4,702. information is necessary for the proper (b) the accuracy of the agency’s estimate Comments: The Department performance of the functions of the of the burden of the proposed collection specifically requests comments on (a) agency, including whether the of information; (c) the quality, utility,

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and clarity of the information to be Diane Heinz, Center for Veterinary health emergency, the Agency intends collected; and (d) ways to minimize the Medicine, Food and Drug to use the following procedures: burden of the collection of information Administration, 7500 Standish Pl., • In light of the need to act quickly on respondents, including through the MPN2 RME435, HFV–6, Rockville, MD and efficiently to respond to the use of automated collection techniques 20855, 240–402–5692; May Nelson, COVID–19 public health emergency, or other forms of information Center for Tobacco Products, Food and FDA anticipates that prior public technology. Consideration will be given Drug Administration, 10903 New participation will not be feasible or to comments and suggestions submitted Hampshire Ave., Bldg. 75, Rm. 4420, appropriate before FDA implements within 60 days of this publication. Silver Spring, MD 20993–0002, 301– COVID–19-related guidance documents. FDA anticipates it will issue COVID–19- (Authority: Section 510 (42 U.S.C. 710), as 796–9241; John Weiner, Office of the amended by Section 50502 (Pub. L. 115– Commissioner, Food and Drug related guidance documents for 123)) Administration, 10903 New Hampshire immediate implementation without Ave., Bldg. 32, Rm. 5130; Silver Spring, prior public comment (see section Mary B. Jones, MD 20993–0002, 301–796–8941; or Erik 701(h)(1)(C) of the Federal Food, Drug, ACF/OPRE Certifying Officer. Mettler, Office of Regulatory Affairs, and Cosmetic Act (21 U.S.C. [FR Doc. 2020–06210 Filed 3–24–20; 8:45 am] Food and Drug Administration, 12420 371(h)(1)(C)) and 21 CFR 10.115(g)(2) BILLING CODE 4184–83–P Parklawn Dr., ELEM Rm. 3008, (§ 10.115(g)(2)). Rockville, MD 20857, 301–796–9254. • Although FDA expects that COVID– SUPPLEMENTARY INFORMATION: 19-related guidances will be DEPARTMENT OF HEALTH AND implemented without prior comment, HUMAN SERVICES I. Background FDA will solicit comment, review all On January 31, 2020, as a result of comments received, and revise the Food and Drug Administration confirmed cases of COVID–19, and after guidance documents as appropriate (see [Docket Nos. FDA–2020–D–1136, FDA– consultation with public health officials § 10.115(g)(2)). Each guidance will 2020–D–1137, FDA–2020–D–1138, FDA– as necessary, Alex M. Azar II, Secretary specify the docket number(s) to which 2020–D–1139, FDA–2020–D–1140, FDA– of Health and Human Services, pursuant comments can be submitted. 2020–D–1141, FDA–2020–D–1142, and FDA– to the authority under section 319 of the • Guidance documents related to 2020–D–1143] Public Health Service Act (42 U.S.C. COVID–19 will be accessible on the 247), determined that a public health internet from the FDA web page entitled Process for Making Available emergency exists and has existed since ‘‘Coronavirus Disease 2019 (COVID– Guidance Documents Related to January 27, 2020, nationwide.1 On 19),’’ available at https://www.fda.gov/ Coronavirus Disease 2019 March 13, 2020, President Donald J. emergency-preparedness-and-response/ mcm-issues/coronavirus-disease-2019- AGENCY: Food and Drug Administration, Trump declared that the COVID–19 outbreak in the United States constitutes covid-19. HHS. • a national emergency, beginning March Guidance documents related to ACTION: Notice. 1, 2020.2 FDA is committed to providing COVID–19 may also be accessed from the FDA web page entitled ‘‘Search for SUMMARY: The Food and Drug timely recommendations, regulatory FDA Guidance Documents’’ available at Administration (FDA or Agency) is advice, guidance, and technical https://www.fda.gov/regulatory- announcing the process for making assistance on an Agency-wide basis on information/search-fda-guidance- available FDA guidance documents issues related to COVID–19, including documents. related to the Coronavirus Disease 2019 to clarify our expectations regarding • Rather than publishing a separate (COVID–19) public health emergency. regulatory requirements to support Notice of Availability (NOA) for each FDA believes that this process will response efforts to this emergency. To COVID–19-related guidance document, allow the Agency to rapidly disseminate this end, FDA is announcing procedures FDA intends to publish periodically a essential Agency recommendations and for making available FDA guidance consolidated NOA. This periodic NOA policies related to COVID–19 to documents related to the COVID–19 will announce the availability of all the industry, FDA staff, and other public health emergency. FDA believes COVID–19-related guidance documents stakeholders. that these procedures, which operate within FDA’s established good guidance that issued during the relevant period. FOR FURTHER INFORMATION CONTACT: practices regulations, will allow the The consolidated NOA will provide Kimberly Thomas, Center for Drug Agency to rapidly disseminate Agency instructions to the public on submitting Evaluation and Research, Food and recommendations and policies related comments on COVID–19-related Drug Administration, 10903 New to COVID–19 to industry, FDA staff, and guidance documents, including the Hampshire Ave., Bldg. 51, Rm. 6220, other stakeholders. docket number(s) associated with each Silver Spring, MD 20993–0002, 301– guidance document, information on 796–2357; Stephen Ripley, Center for II. Procedures for Making COVID–19- how to view the dockets, and Biologics Evaluation and Research, Related Guidance Documents Available instructions for persons interested in Food and Drug Administration, 10903 To facilitate issuance of guidance on obtaining a copy of a COVID–19-related New Hampshire Ave., Bldg. 71, Rm. topics related to the COVID–19 public guidance document. In addition, the 7268, Silver Spring, MD 20993–0002, guidance document will provide 240–402–7911; Erica Takai, Center for 1 Determination that a Public Health Emergency information to the public on submitting Devices and Radiological Health, Food Exists (January 31, 2020), available at https:// comments on the guidance document, www.phe.gov/emergency/news/healthactions/phe/ and Drug Administration, 10903 New Pages/2019-nCoV.aspx. including the docket number(s) Hampshire Ave., Bldg. 66, Rm. 5456, 2 Proclamation on Declaring a National associated with the guidance document Silver Spring, MD 20993–0002, 301– Emergency Concerning the Novel Coronavirus and instructions for persons interested 796–6353; Phil Chao, Center for Food Disease (COVID–19) Outbreak (March 13, 2020), in obtaining a copy of a COVID–19- Safety and Applied Nutrition, Food and available at https://www.whitehouse.gov/ related guidance document. presidential-actions/proclamation-declaring- • Drug Administration, CPK1 Rm. 1C001, national-emergency-concerning-novel-coronavirus- FDA intends to establish one docket College Park, MD 20740, 240–402–2112; disease-covid-19-outbreak/. for each Center or Office that may issue

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COVID–19-related guidance documents. associated with the Center or Office that 19-related guidance documents are as All COVID–19-related guidance issues the guidance document. The follows: documents issued by that Center or docket numbers associated with each Office will be available in the docket Center or Office that may issue COVID–

Title of Docket (for each Center or Office) Docket No.

Center for Drug Evaluation and Research (CDER) COVID–19 ...... FDA–2020–D–1136 Center for Biologics Evaluation and Research (CBER) COVID–19 ...... FDA–2020–D–1137 Center for Devices and Radiological Health (CDRH) COVID–19 ...... FDA–2020–D–1138 Center for Food Safety and Applied Nutrition (CFSAN) COVID–19 ...... FDA–2020–D–1139 Center for Veterinary Medicine (CVM) COVID–19 ...... FDA–2020–D–1140 Center for Tobacco Products (CTP) COVID–19 ...... FDA–2020–D–1141 Office of the Commissioner (OC) COVID–19 ...... FDA–2020–D–1142 Office of Regulatory Affairs (ORA) COVID–19 ...... FDA–2020–D–1143

Dated: March 20, 2020. 4300 Military Road NW, Washington, Dated: March 19, 2020. Lowell J. Schiller, DC 20015 which was published in the Miguelina Perez, Principal Associate Commissioner for Policy. Federal Register on December 20, 2019, Program Analyst, Office of Federal Advisory [FR Doc. 2020–06222 Filed 3–20–20; 11:15 am] 84 FR 70202. Committee Policy. BILLING CODE 4164–01–P This meeting notice is amended to [FR Doc. 2020–06204 Filed 3–24–20; 8:45 am] change the meeting location, times, and BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND format. The meeting will now be held HUMAN SERVICES on May 13, 2020, 9:00 a.m. to May 14, 2020, 11:30 a.m. as a Video-Assisted DEPARTMENT OF HEALTH AND National Institutes of Health Meeting at National Cancer Institute HUMAN SERVICES (NCI) Shady Grove, 9609 Medical Center National Institutes of Health National Institute of General Medical Drive, Rockville, MD 20850. The Sciences; Amended Notice of Meeting meeting is closed to the public. Center for Scientific Review; Amended Notice is hereby given of a change in Dated: March 19, 2020. Notice of Meeting the meeting of the National Institute of Melanie J. Pantoja, General Medical Sciences Special Program Analyst, Office of Federal Advisory Notice is hereby given of a change in Emphasis Panel, April 3, 2020, 8:00 a.m. Committee Policy. the meeting of the Center for Scientific to April 3, 2020, 6:00 p.m., The Hyatt [FR Doc. 2020–06201 Filed 3–24–20; 8:45 am] Review Advisory Council, March 30, House, Potomac Conference Room, The 2020, 8:30 a.m. to 3:00 p.m. at National BILLING CODE 4140–01–P Wharf, 725 Wharf Street SW, Institutes of Health, 6700B Rockledge Washington, DC 20024 which was Drive, Conference Room A&B, Bethesda, published in the Federal Register on DEPARTMENT OF HEALTH AND MD 20817 which was published in the December 19, 2019, 84 FR 69756. HUMAN SERVICES Federal Register on January 30, 2020, 85 The meeting notice is amended to FR 5459, and change in format change the Meeting Format from National Institutes of Health published in the Federal Register on Regular Meeting on April 3, 2020 to a March 17, 2020, 85 FR 15206. Teleconference Meeting on April 3, National Institute of Diabetes and The meeting will be held at National 2020. The meeting is closed to the Digestive and Kidney Diseases; Institutes of Health, 6701 Rockledge public. Amended Notice of Meeting Dated: March 19, 2020. Drive, Bethesda, MD 20892, March 30, 2020, 1:00 p.m. to 3:00 p.m. This Miguelina Perez, Notice is hereby given of a change in meeting will be held by videoconference Program Analyst, Office of Federal Advisory the meeting of the National Institute of only. Committee Policy. Diabetes and Digestive and Kidney [FR Doc. 2020–06203 Filed 3–24–20; 8:45 am] Diseases Special Emphasis Panel, April URL for virtual access: https:// BILLING CODE 4140–01–P 14, 2020, 08:00 a.m. to April 14, 2020, videocast.nih.gov. 05:00 p.m., Doubletree Hotel Bethesda, For additional information, please (Formerly Holiday Inn Select), visit: https://public.csr.nih.gov/ DEPARTMENT OF HEALTH AND Conference Room Auburn, 8120 HUMAN SERVICES AboutCSR/Organization/CSRAdvisory Wisconsin Avenue, Bethesda, MD 20814 Council. which was published in the Federal National Institutes of Health The meeting is open to the public. Register on March 09, 2020, 85 FR National Cancer Institute; Amended 13667. Dated: March 19, 2020. Notice of Meeting The meeting notice is amended to Ronald J. Livingston, Jr., Notice is hereby given of a change in change the Meeting Format from Program Analyst, Office of Federal Advisory the meeting of the Subcommittee A— Regular Meeting on April 14, 2020 to a Committee Policy. Cancer Centers, May 13, 2020, 5:00 p.m. Teleconference Meeting on April 14, [FR Doc. 2020–06209 Filed 3–24–20; 8:45 am] to May 14, 2020, 6:00 p.m., Embassy 2020. The meeting is closed to the BILLING CODE 4140–01–P Suites at the Chevy Chase Pavilion, public.

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DEPARTMENT OF HEALTH AND to April 3, 2020, 5:00 p.m., Washington DATES: To allow us adequate time to HUMAN SERVICES Marriott at Metro Center, Conference conduct these reviews, we must receive Room Capitol Hill, 775 12th Street NW, your comments or information on or National Institutes of Health Washington, DC 20005 which was before May 26, 2020. However, we will published in the Federal Register on continue to accept new information National Institute of Diabetes and March 9, 2020, 85 FR 13667. about any listed species at any time. Digestive and Kidney Diseases; The meeting notice is amended to ADDRESSES: Amended Notice of Meeting For instructions on how to change the Meeting Format from submit information and review Notice is hereby given of a change in Regular Meeting on April 3, 2020 to a information that we receive on these the meeting of the National Institute of Teleconference Meeting on April 3, species, see Request for New Diabetes and Digestive and Kidney 2020. The meeting is closed to the Information under SUPPLEMENTARY Diseases Special Emphasis Panel, April public. INFORMATION. 16, 2020, 8:00 a.m. to April 16, 2020, Dated: March 19, 2020. FOR FURTHER INFORMATION CONTACT: For 5:00 p.m., Doubletree Hotel Bethesda Miguelina Perez, species-specific information, see (formerly Holiday Inn Select), Program Analyst, Office of Federal Advisory Request for New Information under Conference Room Auburn, 8120 Committee Policy. SUPPLEMENTARY INFORMATION. Wisconsin Avenue, Bethesda, MD 20814 [FR Doc. 2020–06202 Filed 3–24–20; 8:45 am] Individuals who are hearing impaired or which was published in the Federal BILLING CODE 4140–01–P speech impaired may call the Federal Register on March 13, 2020, 85 FR Relay Service at 800–877–8339 for TTY 14688. assistance. The meeting notice is amended to change the Meeting Format from DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Regular Meeting on April 16, 2020 to a Why do we conduct 5-year reviews? Teleconference Meeting on April 16, Fish and Wildlife Service Under the Endangered Species Act of 2020. The meeting is closed to the [FWS–R4–ES–2019–N172; public. 1973, as amended (ESA; 16 U.S.C. 1531 FXES11130900000C2–201–FF09E32000] et seq.), we maintain lists of endangered Dated: March 19, 2020. and threatened wildlife and plant Miguelina Perez, Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status species in title 50 of the Code of Federal Program Analyst, Office of Federal Advisory Reviews for 25 Southeastern Species Regulations (CFR) at 50 CFR 17.11 (for Committee Policy. wildlife) and 17.12 (for plants) (List). [FR Doc. 2020–06200 Filed 3–24–20; 8:45 am] AGENCY: Fish and Wildlife Service, Section 4(c)(2)(A) of the ESA requires us BILLING CODE 4140–01–P Interior. to review each listed species’ status at ACTION: Notice of initiation of reviews; least once every 5 years. Our regulations request for information. at 50 CFR 424.21 require that we DEPARTMENT OF HEALTH AND publish a notice in the Federal Register HUMAN SERVICES SUMMARY: We, the U.S. Fish and announcing those species under active Wildlife Service, are initiating 5-year review. For additional information National Institutes of Health status reviews of 25 species under the about 5-year reviews, go to http:// National Institute of General Medical Endangered Species Act, as amended. A www.fws.gov/endangered/what-we-do/ Sciences; Amended Notice of Meeting 5-year review is an assessment of the recovery-overview.html. best scientific and commercial data Notice is hereby given of a change in available at the time of the review. We Which species are under review? the meeting of the National Institute of are requesting submission of This notice announces our active 5- General Medical Sciences Special information that has become available year reviews of the species in the Emphasis Panel, April 3, 2020, 8:30 a.m. since the last reviews of these species. following table.

Final listing rule Common name/ Status States where the species is (Federal Register scientific name Contact person, email, phone (endangered or known to occur citation and Contact’s mailing address threatened) publication date)

ANIMALS

Reptiles

Sea turtle, hawksbill Ann Marie Lauritsen, Endangered ..... Alabama, American Samoa, 35 FR 8491; 6/2/ USFWS, 7915 Baymeadows (Eretmochelys [email protected], 904– Connecticut, Delaware, Flor- 1970. Way, Suite 200, Jackson- imbricata). 731–3032. ida, Georgia, Guam, Hawaii, ville, FL 32256. Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jer- sey, New York, North Caro- lina, Northern Mariana Is- lands, Palau, Puerto Rico, Rhode Island, Texas, Vir- ginia, Virgin Islands. Snake, black pine Matthew Hinderliter, mis- Threatened ...... Alabama, Mississippi ...... 80 FR 60468; 10/6/ USFWS, 6578 Dogwood View (Pituophis sissippi_field_office@ 2015. Pkwy., Jackson, MS 39213. melanoleucus lodingi). fws.gov, 601–321–1132. Turtle, Alabama red- Linda LaClaire, mississippi_ Endangered ..... Alabama, Mississippi ...... 52 FR 22939; 6/16/ USFWS, 6578 Dogwood View bellied (Pseudemys [email protected], 601– 1987. Pkwy., Jackson, MS 39213. alabamensis). 321–1126.

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Final listing rule Common name/ Status States where the species is (Federal Register scientific name Contact person, email, phone (endangered or known to occur citation and Contact’s mailing address threatened) publication date)

Amphibians

Frog, dusky gopher Linda LaClaire, mississippi_ Endangered ..... Alabama, Louisiana, Mis- 66 FR 62993; 12/4/ USFWS, 6578 Dogwood View (Rana sevosa). [email protected], 601– sissippi. 2001. Pkwy., Jackson, MS 39213. 321–1126. Coqui, golden Felix Lopez, caribbean_es@ Threatened ...... Puerto Rico ...... 42 FR 58756; 11/11/ USFWS, Road 301, Km 5.1, (Eleutherodactylus fws.gov, 787–851–7297. 1977. P.O. Box 491, Boquero´n, PR jasperi). 00622.

Fishes

Darter, amber (Percina Robin Goodloe, georgiaes@ Endangered ..... Georgia/Tennessee ...... 50 FR 31597; 8/5/ USFWS, 355 East Hancock antesella). fws.gov, 706–613–9493. 1985. Ave., Room 320, Athens, GA 30601. Darter, Cherokee Robin Goodloe, georgiaes@ Threatened ...... Georgia ...... 59 FR 65505; 12/20/ USFWS, 355 East Hancock (Etheostoma scotti). fws.gov, 706–613–9493. 1994. Ave., Room 320, Athens, GA 30601. Darter, Etowah Robin Goodloe, georgiaes@ Endangered ..... Georgia/Tennessee ...... 59 FR 65505; 12/20/ USFWS, 355 East Hancock (Etheostoma fws.gov, 706–613–9493. 1994. Ave., Room 320, Athens, etowahae). GA 30601. Darter, goldline Robin Goodloe, georgiaes@ Threatened ...... Alabama, Georgia, Tennessee 57 FR 14786; 4/22/ USFWS, 355 East Hancock (Percina aurolineata). fws.gov, 706–613–9493. 1992. Ave., Room 320, Athens, GA 30601. Shiner, blue (Cyprinella Robin Goodloe, georgiaes@ Threatened ...... Alabama, Georgia, Tennessee 57 FR 14786; 4/22/ USFWS, 355 East Hancock caerulea). fws.gov, 706–613–9493. 1992. Ave., Room 320, Athens, GA 30601.

Clams

Clubshell, black Paul Hartfield, mississippi_ Endangered ..... Alabama, Mississippi ...... 52 FR 11162; 4/7/ USFWS, 6578 Dogwood View (Pleurobema curtum). [email protected], 601– 1987. Pkwy., Jackson, MS 39213. 321–1125. Combshell, southern Paul Hartfield, mississippi_ Endangered ..... Alabama, Mississippi ...... 52 FR 11162; 4/7/ USFWS, 6578 Dogwood View (Epioblasma penita). [email protected], 601– 1987. Pkwy., Jackson, MS 39213. 321–1125. Kidneyshell, fluted Anthony Ford, cookeville@ Endangered ..... Kentucky, Tennessee, Virginia 78 FR 59269; 9/26/ USFWS, 446 Neal Street, (Ptychobranchus fws.gov, 931–528–6481. 2013. Cookeville, TN 38501. subtentum). Pearlymussel, slabside Anthony Ford, cookeville@ Endangered ..... Alabama, Kentucky, Misissippi, 78 FR 59269; 9/26/ USFWS, 446 Neal Street, (Pleuronaia fws.gov, 931–528–6481. North Carolina, Tennessee, 2013. Cookeville, TN 38501. dolabelloides). Virginia.

Insects

Butterfly, Miami blue Roxanna Hinzman, Miamiblue_ Endangered ..... Florida ...... 77 FR 20948; 4/6/ USFWS, 1339 20th St., Vero (Cyclargus [email protected], 772– 2012. Beach, FL 32960. (=Hemiargus) 469–4322. thomasi bethunebakeri).

PLANTS

Flowering Plants

Callicarpa ampla (capa Jose Cruz Burgos, caribbean_ Endangered ..... Puerto Rico ...... 57 FR 14782; 4/22/ USFWS, Road 301, Km 5.1, rosa). [email protected], 787–851–7297. 1992. P.O. Box 491, Boquero´n, PR 00622. Euphorbia telephioides Vivian Negron-Ortiz, Threatened ...... Florida ...... 51 FR 34415; 9/26/ USFWS, 1601 Balboa Ave., (telephus spurge). [email protected], 850– 1986. Panama City, FL 32405. 769–0552. Ilex sintenisii (no com- Jose Cruz Burgos, caribbean_ Endangered ..... Puerto Rico ...... 57 FR 14782; 4/22/ USFWS, Road 301, Km 5.1, mon name). [email protected], 787–851–7297. 1992. P.O. Box 491, Boquero´n, PR 00622. Lysimachia Dale Suiter, Raleigh_ES@ Endangered ..... North Carolina, South Carolina 52 FR 22585; 6/12/ USFWS, 551 Pylon Drive, #F, asperulaefolia (rough fws.gov, 919–856–4520. 1987. Raleigh, NC 27606. leaved loosestrife). Silene polypetala Michele Elmore, georgiaes@ Endangered ..... Florida, Georgia ...... 56 FR 1932; 1/18/ USFWS, 355 East Hancock (fringed campion). fws.gov, 706–613–9493. 1991. Ave., Room 320, Athens, GA 30601. Scutellaria montana Geoff Call, cookeville@ Threatened ...... Georgia, Tennessee ...... 67 FR 1662; 1/14/ USFWS, 446 Neal Street, (large-flowered skull- fws.gov, 931–528–6481. 2002. Cookeville, TN 38501. cap). Styrax portoricensis Jose Cruz Burgos, caribbean_ Endangered ..... Puerto Rico ...... 57 FR 14782; 4/22/ USFWS, Road 301, Km 5.1, (palo de jazmin). [email protected], 787–851–7297. 1992. P.O. Box 491, Boquero´n, PR 00622. Ternstroemia Jose Cruz Burgos, caribbean_ Endangered ..... Puerto Rico ...... 57 FR 14782; 4/22/ USFWS, Road 301, Km 5.1, luquillensis (palo col- [email protected], 787–851–7297. 1992. P.O. Box 491, Boquero´n, PR orado). 00622. Ternstroemia Jose Cruz Burgos, caribbean_ Endangered ..... Puerto Rico ...... 57 FR 14782; 4/22/ USFWS, Road 301, Km 5.1, subsesselis (no com- [email protected], 787–851–7297. 1992. P.O. Box 491, Boquero´n, PR mon name). 00622.

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Final listing rule Common name/ Status States where the species is (Federal Register scientific name Contact person, email, phone (endangered or known to occur citation and Contact’s mailing address threatened) publication date)

Trillium reliquum (relict Peter Maholland, georgiaes@ Endangered ..... Alabama, Georgia, South 53 FR 10789; 4/4/ USFWS, 355 East Hancock trillium). fws.gov, 706–613–9493. Carolina. 1988. Ave., Room 320, Athens, GA 30601.

What information do we consider in probable explanations for past and Which species are under review?, our review? ongoing changes in abundance and above: A 5-year review considers the best distribution within the species’ range. A. To get more information on a scientific and commercial data that have Finally, it forecasts the species’ species; become available since the current response to probable future scenarios of B. To submit information on a listing determination or most recent environmental conditions and species; or status review of each species, such as: conservation efforts. Overall, an SSA C. To review information we receive, A. Species biology, including, but not uses the conservation biology principles which will be available for public limited to, population trends, of resiliency, redundancy, and inspection by appointment, during distribution, abundance, demographics, representation (collectively known as normal business hours, at the listed and genetics; the ‘‘3 Rs’’) to evaluate the current and addresses. B. Habitat conditions, including, but future condition of the species. As a Public Availability of Comments not limited to, amount, distribution, and result, the SSA characterizes a species’ suitability; ability to sustain populations in the Comments and materials received will C. Conservation measures that have wild over time based on the best be available for public inspection, by been implemented to benefit the scientific understanding of current and appointment, during normal business species; future abundance and distribution hours at the offices where the comments D. Threat status and trends (see the within the species’ ecological settings. are submitted. Comments we receive five factors under How do we determine Definitions become part of the administrative record whether a species is endangered or associated with this action. Before threatened?); and A. Species means any species or including your address, phone number, E. Other new information, data, or subspecies of fish, wildlife, or plant, email address, or other personal corrections, including, but not limited and any distinct population segment of identifying information in your to, taxonomic or nomenclatural changes, any species of vertebrate fish or wildlife comment, you should be aware that identification of erroneous information which interbreeds when mature. your entire comment—including your contained in the Lists of Endangered B. Endangered means any species that personal identifying information—may and Threatened Wildlife and Plants, and is in danger of extinction throughout all be made publicly available at any time. improved analytical methods. or a significant portion of its range. While you can request in your comment We request any new information C. Threatened means any species that that we withhold your personal concerning the status of any of these 25 is likely to become an endangered identifying information from public species. Information submitted should species within the foreseeable future review, we cannot guarantee that we be supported by documentation such as throughout all or a significant portion of will be able to do so. All submissions maps; bibliographic references; methods its range. from organizations or businesses, and used to gather and analyze the data; How do we determine whether a from individuals identifying themselves and/or copies of any pertinent species is endangered or threatened? as representatives or officials of publications, reports, or letters by organizations or businesses, will be knowledgeable sources. Section 4(a)(1) of the ESA requires made available for public disclosure in We may conduct a species status that we determine whether a species is their entirety. assessment (SSA) for some of these endangered or threatened based on one species. An SSA is a biological risk or more of the following five factors: Availability of Status Reviews assessment to aid decision makers who A. The present or threatened All completed status reviews under must use the best available scientific destruction, modification, or the ESA are available via the Service information to make policy decisions or curtailment of its habitat or range; website, at https://www.fws.gov/ recommendations under the ESA. The B. Overutilization for commercial, endangered/species/us-species.html. SSA provides decision makers with a recreational, scientific, or educational scientifically rigorous characterization purposes; Authority of a species’ status, and of the likelihood C. Disease or predation; This document is published under the that the species will sustain D. The inadequacy of existing authority of the Endangered Species Act populations, along with key regulatory mechanisms; or of 1973, as amended (16 U.S.C. 1531 et uncertainties in that characterization. It E. Other natural or manmade factors seq.). presents a compilation of the best affecting its continued existence. available information on a species, as Dated: December 18, 2019. well as its ecological needs, based on Request for New Information Mike Oetker, environmental factors. An SSA also To do any of the following, contact Acting Regional Director, Southeast Region. describes the current condition of the the person associated with the species [FR Doc. 2020–06223 Filed 3–24–20; 8:45 am] species’ habitat and demographics, and you are interested in under the table in BILLING CODE 4333–15–P

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DEPARTMENT OF THE INTERIOR and continued information collections. for the Secretary and assists the This helps ONRR assess the impact of Secretary in carrying out the Office of Natural Resources Revenue our information collection requirements Department’s trust responsibility for [Docket No. ONRR–2011–0008; DS63644000 and minimize the public’s reporting Indian lands. burden. It also helps the public DR2000000.CH7000 190D1113RT; OMB General Information Control Number 1012–0006] understand ONRR’s information collection requirements and provide the When a company or an individual Agency Information Collection requested data in the desired format. enters into a lease to explore, develop, Activities: Suspensions Pending ONRR publishes this notice to elicit produce, and dispose of minerals from Appeal and Bonding comments on the proposed ICR. ONRR Federal or Indian lands, that company is especially interested in public or individual agrees to pay the lessor a AGENCY: Office of the Secretary, Office comment addressing the following share in an amount or value of of Natural Resources Revenue, Interior. issues mentioned in the Office of production from the leased lands. The ACTION: Notice of information collection; Management and Budget (OMB) lessee or its designee must report request for comment. regulations at 5 CFR 1320.8(d)(1): (1) Is various kinds of information to the the collection necessary to perform the lessor relative to the disposition of the SUMMARY: In accordance with the proper functions of ONRR; (2) will this leased minerals. Such information is Paperwork Reduction Act of 1995 information be processed and used in a generally available within the records of (PRA), the Office of Natural Resources timely manner; (3) is the estimate of the lessee or others involved in Revenue (ONRR) is proposing to renew burden accurate; (4) how might ONRR developing, transporting, processing, an information collection. Through this enhance the quality, utility, and clarity purchasing, or selling such minerals. Information Collection Renewal (ICR), of the information to be collected; and If ONRR determines that a lessee did ONRR seeks renewed authority to (5) how might ONRR minimize the not properly report or pay, it may issue collect information related to the burden of this collection on the orders, notices of noncompliance, and paperwork requirements under 30 CFR respondents, including through the use civil penalty notices to compel part 1243 to post a surety or bond, or of information technology. corrective reporting, payment, or both. demonstrate financial solvency. Comments that you submit in Lessees have a right to appeal ONRR’s DATES: Submit written comments on or response to this notice are a matter of determinations. before May 26, 2020 public record. ONRR will post all Information Collections ADDRESSES: You may submit comments comments, including names and on this ICR to ONRR through the addresses of respondents at http:// Regulations under 30 CFR part 1243 following three methods: (Please use www.regulations.gov. ONRR will govern the submission of appropriate ‘‘ICR 1012–0006’’ as an identifier in include or summarize each comment in surety instruments to suspend your comment). our request to OMB to approve this ICR. compliance with orders or decisions 1. Electronically go to http:// Before including your Personally and to stay the accrual of civil penalties www.regulations.gov. In the entry titled Identifiable Information (PII), such as (if the Office of Hearings and Appeals ‘‘Enter Keyword or ID,’’ enter ‘‘ONRR– your address, phone number, email grants a lessee’s petition to stay accrual 2012–0006’’ and then click ‘‘Search.’’ address, or other personal identifying of civil penalties) pending Follow the instructions to submit public information in your comment(s), you administrative appeal for Federal and comments. ONRR will post all should be aware that your entire Indian leases. For Federal oil and gas comments. comment, including PII, may be made leases, under 30 U.S.C. 1724(l) and its 2. Email comments to Mr. Luis available to the public at any time. implementing regulations under 30 CFR Aguilar, Regulatory Specialist, at While you can ask ONRR, in your part 1243, an appellant requesting a [email protected]. comment, to withhold your PII from suspension without providing a surety 3. Hand-carry or mail comments to public view, ONRR cannot guarantee must submit information to demonstrate ONRR by using an overnight courier that it will be able to do so. ONRR will financial solvency. This ICR covers the service. Our courier address is Building post the ICR at https://www.onrr.gov/ burden hours associated with 85, MS 64400B, Denver Federal Center, Laws_R_D/FRNotices/ICR0122.htm. submitting financial statements and surety instruments required to stay an West 6th Ave. and Kipling St., Denver, Abstract Colorado 80225. ONRR order, decision, or accrual of civil The Secretary of the United States penalties. FOR FURTHER INFORMATION CONTACT: For Department of the Interior is responsible questions on technical issues, contact for mineral resource development on Stay of Payment Pending Appeal Ms. Kimberly Werner, Financial Federal and Indian lands and the Outer Title 30 CFR 1243.1 states that lessees Services, ONRR, at (303) 231–3801 or Continental Shelf (OCS). Under various or recipients of ONRR orders may email to [email protected]. For laws, the Secretary’s responsibility is to suspend compliance with an order if other questions, contact Mr. Luis (1) manage mineral resource production, they appeal under 30 CFR part 1290. Aguilar, at (303) 231–3418, or email to (2) collect royalties and other mineral Pending appeal, ONRR may suspend the [email protected]. You may also revenues due, and (3) disburse the funds payment requirement if the appellant contact Mr. Aguilar to obtain copies of collected. ONRR posted the laws submits a formal agreement of payment the ICR and the regulations requiring pertaining to mineral leases on Federal in the case of default, such as a bond or ONRR to collect the information. There and Indian lands and the OCS at http:// other surety; for Federal oil and gas is no cost to request copies of these www.onrr.gov/Laws_R_D/PubLaws/ leases, the appellant may alternatively documents. default.htm. demonstrate financial solvency. If the SUPPLEMENTARY INFORMATION: In The Secretary also has a trust Office of Hearings and Appeals grants a accordance with the PRA, ONRR responsibility to manage Indian lands lessee’s, or other recipient of a notice of provides the general public and other and seek advice and information from noncompliance or civil penalty notice, Federal agencies with an opportunity to Indian beneficiaries. ONRR performs the request to stay the accrual of civil comment on new, proposed, revised, minerals revenue management functions penalties under 30 CFR 1241.55(b)(2)

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and 1241.63(b)(2), the lessee or other B. Form ONRR–4436, Letter of Credit solvency of a lessee, designee, or payor recipient must post a bond or other An appellant may choose to file form seeking a stay of payment obligation surety. For Federal oil and gas leases, ONRR–4436, Letter of Credit, with no pending review. If the appellant does the appellant may alternatively modifications. Requirements under 30 not have a consolidated balance sheet demonstrate financial solvency. CFR 1243.4 continue to apply. ONRR’s documenting its net worth, or if it does ONRR accepts the following surety Director, or the delegated bond- not meet the $300 million net worth types: form ONRR–4435, Administrative approving officer, maintains the Letter requirement, ONRR selects a business Appeal Bond; form ONRR–4436, Letter of Credit (LOC) in a secure facility. The information or credit reporting service of Credit; form ONRR–4437, Assignment appellant is responsible for verifying to provide information concerning the of Certificate of Deposit; Self-bonding; that the bank provides a current Fitch appellant’s financial solvency. ONRR and U.S. Treasury Securities. rating to ONRR. After the appeal’s charges the appellant a $50 fee each time it reviews data from a business When an appellant selects one of the conclusion, ONRR may release and return the LOC to the appellant or information or credit reporting service. surety types and puts it in place, the The fee covers ONRR’s cost to appellant must maintain the surety until collect payment on the LOC. If collection is necessary for a remaining determine an appellant’s financial the appeal’s completion. If the appeal is solvency. decided in favor of the appellant, ONRR balance, ONRR will issue a demand for will return the surety to the appellant. payment that includes the principal E. U.S. Treasury Securities If the appeal is decided in favor of amount plus the interest assessed on the An appellant may choose to secure its ONRR, then ONRR will take action to receivable, to the bank with a notice to debts by requesting to use a U.S. collect the total amount due or draw the appellant. Treasury Security (TS). The appellant down on the surety. ONRR will draw C. Form ONRR–4437, Assignment of must file the letter of request with down on a surety if the appellant fails Certificate of Deposit ONRR prior to the invoice due date. The to comply with requirements relating to TS must be a U.S. Treasury note or bond the amount due, timeframe, or surety An appellant may choose to secure a with maturity equal to or greater than submission or resubmission. Whenever debt by requesting to use a Certificate of one year. The TS must equal 120 ONRR draws down on a surety, it Deposit (CD) from a bank with the percent of the appealed amount plus 1 reduces the total amount due, which is required minimum rating and year of estimated interest (necessary to defined as the unpaid principal plus the submitting form ONRR–4437, protect ONRR against interest rate interest accrued to the projected receipt Assignment of Certificate of Deposit. fluctuations). ONRR only accepts book- date of the surety payment. Appellants Requirements under 30 CFR 1243.4 entry TS. may refer to the Surety Instrument continue to apply. The appellant must Posting Instructions, available on our file the request with ONRR prior to the OMB Approval website at http://www.onrr.gov/ invoice due date. ONRR will accept a compliance/appeals.htm. book-entry CD that explicitly assigns the ONRR is requesting OMB’s approval CD to ONRR’s Director. If collection of to continue to collect this information. Forms and Other Surety Types the CD is necessary for an unpaid Not collecting this information would A. Form ONRR–4435, Administrative balance, ONRR will return unused CD limit the Secretary’s ability to discharge Appeal Bond funds to the appellant after total the duties of the office and may result settlement of the appealed issues, in loss of royalty and other payments. An appellant may file form ONRR– including applicable interest charges. Proprietary information submitted to 4435, Administrative Appeal Bond, ONRR under this collection is protected, which ONRR uses to secure the D. Self-Bonding and there are no questions of a sensitive financial interests of the public and For Federal oil and gas leases, nature included in this information Indian lessors during the entire regulations under 30 CFR 1243.201 collection. A response is mandatory in administrative and judicial appeal provide that no surety instrument is order to suspend compliance with an processes. Under 30 CFR 1243.4, an required when a person representing the order pending appeal. appellant is required to submit its appellant periodically demonstrates, to Data contact and surety amount information the satisfaction of ONRR, that the on the bond to obtain the benefit of guarantor or appellant is financially Title: Suspensions Pending Appeal suspension of an obligation to comply solvent or otherwise able to pay the and Bonding. with an order. The bond must be issued obligation. The appellant must submit a OMB Control Number: 1012–0006. by a qualified surety company that the written request to ‘‘self-bond’’ every Bureau Form Numbers: Forms ONRR– U.S. Department of the Treasury time a new appeal is filed. To evaluate 4435, ONRR–4436, and ONRR–4437. approves (see Department of the the financial solvency and exemption Frequency: Annually and on occasion. Treasury Circular No. 570, revised from requirements of appellants to periodically in the Federal Register). maintain a surety related to an appeal, Estimated Number and Description of ONRR’s Director, or the delegated bond- ONRR requires appellants to submit a Respondents: 105 Federal or Indian approving officer, maintains the bonds consolidated balance sheet, subject to appellants. in a secure facility. After an appeal’s annual audit. In some cases, ONRR also Estimated Annual Reporting and conclusion, ONRR may release and requires copies of the most recent tax Recordkeeping ‘‘Hour’’ Burden: 210 return the bond to the appellant or returns (up to three years) filed by the hours. collect payment on the bond. If appellant. The following table shows the collection is necessary for a remaining In addition, an appellant must estimated annual burden hours by CFR balance, ONRR will issue a demand for annually submit financial statements, section and paragraph. ONRR has not payment to the surety company with a subject to annual audit, to support its included in its estimates certain notice to the appellant. ONRR will also net worth. ONRR uses the consolidated requirements performed in the normal include all interest accrued on the balance sheet or business information course of business and considered usual affected receivable. supplied to evaluate the financial and customary.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Citation Annual 30 CFR Reporting and recordkeeping requirement Hour burden Average number of burden part 1243 annual responses hours

1243.4(a)(1); 1243.6; 1243.7(a); How do I suspend compliance with an order? 2 40 (surety instruments: 80 1243.8(a)(2) and (b)(2); (a) If you timely appeal an order, and if Forms ONRR–4435, 1243.101(b); 1243.202(c). that order or portion of that order: (1) ONRR–4436, Requires you to make a payment, and ONRR–4437, or TS). you want to suspend compliance with that order, you must post a bond or other surety instrument or demonstrate financial solvency * * *. 1243.200(a) and (b); How do I demonstrate financial solvency? ...... 1243.201(c)(1), (c)(2)(i) and (a) To demonstrate financial solvency (c)(2)(ii) and (d)(2). under this part, you must submit an au- dited consolidated balance sheet, and, if requested by the ONRR bond-approv- ing officer, up to 3 years of tax returns to the ONRR, * * *. (b) You must submit an audited consolidated 2 65 self-bonding sub- 130 balance sheet annually, and, if requested, missions. additional annual tax returns on the date ONRR first determined that you dem- onstrated financial solvency as long as you have active appeals, or whenever ONRR re- quests. * * *.

Total burden ...... 105 ...... 210

Estimated Annual Reporting and respondents, including the use of adjustments to the estimated burden. Recordkeeping ‘‘Non-hour’’ Cost automated collection techniques or ONRR will provide a copy of the ICR to Burden: There are no additional other forms of information technology. you without charge upon request. ONRR recordkeeping costs associated with this The PRA also requires agencies to also will post the ICR at http:// information collection. However, ONRR estimate the total annual reporting www.onrr.gov/Laws_R_D/FRNotices/ estimates 5 appellants per year will pay ‘‘non-hour cost’’ burden to respondents ICR0122.htm. a $50 fee to obtain credit data from a or record-keepers resulting from the business information or credit reporting collection of information. If you have Public Comment Policy service, which is a total ‘‘non-hour’’ cost costs to generate, maintain, and disclose ONRR will post all comments, burden of $250 per year (5 appellants this information, you should comment including names and addresses of per year × $50 = $250). and provide your total capital and Public Disclosure Statement: The PRA startup cost components or annual respondents at http:// (44 U.S.C. 3501 et seq.) provides that an operation, maintenance, and purchase www.regulations.gov. Before including agency may not conduct or sponsor, and of service components. You should Personally Identifiable Information (PII), a person is not required to respond to, describe the methods that you use to such as your address, phone number, a collection of information unless it estimate (1) major cost factors, including email address, or other personal displays a currently valid OMB control system and technology acquisition, (2) information in your comment(s), you number. expected useful life of capital should be aware that your entire equipment, (3) discount rate(s), and (4) comment (including PII) may be made Request for Comments the period over which you incur costs. available to the public at any time. Section 3506(c)(2)(A) of the PRA Capital and startup costs include, While you may ask ONRR in your requires each agency to ‘‘* * * provide among other items: Computers and comment to withhold PII from public 60-day notice in the Federal Register software that you purchase to prepare view, ONRR cannot guarantee that it * * * and otherwise consult with for collecting information; monitoring, will be able to do so. members of the public and affected sampling, and testing equipment; and An agency may not conduct or agencies concerning each proposed record storage facilities. Generally, your sponsor, and a person is not required to collection of information* * *.’’ estimates should not include equipment respond to, a collection of information Agencies must specifically solicit or services purchased: (i) Before October unless it displays a currently valid OMB comments to: (1) Evaluate whether the 1, 1995; (ii) to comply with proposed collection of information is requirements not associated with the control number. necessary for the agency to perform its information collection; (iii) for reasons (Authority: Paperwork Reduction Act of duties, including whether the other than to provide information or 1995, 44 U.S.C. 3501 et seq.) information is useful; (2) evaluate the keep records for the Federal Kimbra G. Davis, accuracy of the agency’s estimate of the government; or (iv) as part of customary burden of the proposed collection of and usual business or private practices. Director, Office of Natural Resources information; (3) enhance the quality, ONRR will summarize written Revenue. usefulness, and clarity of the responses to this notice and address [FR Doc. 2020–06207 Filed 3–24–20; 8:45 am] information that ONRR collects; and (4) them in its ICR submission for OMB BILLING CODE 4335–30–P minimize the burden on the approval, including appropriate

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INTERNATIONAL TRADE the Secretary to the Commission, as hearing are governed by sections COMMISSION provided in section 201.11 of the 201.6(b)(2), 201.13(f), 207.24, and Commission’s rules, by 45 days after 207.66 of the Commission’s rules. [Investigation Nos. 701–TA–415 and 731– publication of this notice. A party that TA–933–934 (Third Review)] Parties must submit any request to filed a notice of appearance following present a portion of their hearing Polyethylene Terephthalate (PET) Film publication of the Commission’s notice testimony in camera no later than 7 From India and Taiwan; Scheduling of of institution of the reviews need not business days prior to the date of the Full Five-Year Reviews file an additional notice of appearance. hearing. The Secretary will maintain a public Written submissions.—Each party to AGENCY: United States International service list containing the names and the reviews may submit a prehearing Trade Commission. addresses of all persons, or their brief to the Commission. Prehearing ACTION: Notice. representatives, who are parties to the briefs must conform with the provisions reviews. of section 207.65 of the Commission’s SUMMARY: The Commission hereby gives For further information concerning rules; the deadline for filing is July 2, notice of the scheduling of full reviews the conduct of these reviews and rules 2020. Parties may also file written pursuant to the Tariff Act of 1930 (‘‘the of general application, consult the testimony in connection with their Act’’) to determine whether revocation Commission’s Rules of Practice and presentation at the hearing, as provided of the antidumping duty and Procedure, part 201, subparts A and B in section 207.24 of the Commission’s countervailing duty orders on (19 CFR part 201), and part 207, rules, and posthearing briefs, which polyethylene terephthalate (pet) film subparts A, D, E, and F (19 CFR part must conform with the provisions of from India and Taiwan would be likely 207). section 207.67 of the Commission’s to lead to continuation or recurrence of Limited disclosure of business rules. The deadline for filing material injury within a reasonably proprietary information (BPI) under an posthearing briefs is July 23, 2020. In foreseeable time. administrative protective order (APO) addition, any person who has not DATES: March 18, 2020. and BPI service list.—Pursuant to entered an appearance as a party to the section 207.7(a) of the Commission’s FOR FURTHER INFORMATION CONTACT: reviews may submit a written statement rules, the Secretary will make BPI Charles Cummings (202–(202) 708– of information pertinent to the subject of gathered in these reviews available to 1666), Office of Investigations, U.S. the reviews on or before July 23, 2020. authorized applicants under the APO International Trade Commission, 500 E On August 18, 2020, the Commission issued in the reviews, provided that the Street SW, Washington, DC 20436. will make available to parties all application is made by 45 days after Hearing-impaired persons can obtain information on which they have not had publication of this notice. Authorized information on this matter by contacting an opportunity to comment. Parties may applicants must represent interested the Commission’s TDD terminal on 202– submit final comments on this parties, as defined by 19 U.S.C. 1677(9), 205–1810. Persons with mobility information on or before August 20, who are parties to the reviews. A party impairments who will need special granted access to BPI following 2020, but such final comments must not assistance in gaining access to the publication of the Commission’s notice contain new factual information and Commission should contact the Office of institution of the reviews need not must otherwise comply with section of the Secretary at 202–205–2000. reapply for such access. A separate 207.68 of the Commission’s rules. All General information concerning the service list will be maintained by the written submissions must conform with Commission may also be obtained by Secretary for those parties authorized to the provisions of section 201.8 of the accessing its internet server (https:// receive BPI under the APO. Commission’s rules; any submissions www.usitc.gov). The public record for Staff report.—The prehearing staff that contain BPI must also conform with these reviews may be viewed on the report in the reviews will be placed in the requirements of sections 201.6, Commission’s electronic docket (EDIS) the nonpublic record on June 24, 2020, 207.3, and 207.7 of the Commission’s at https://edis.usitc.gov. and a public version will be issued rules. The Commission’s Handbook on SUPPLEMENTARY INFORMATION: thereafter, pursuant to section 207.64 of Filing Procedures, available on the Background.—On October 4, 2019, the Commission’s rules. Commission’s website at https:// the Commission determined that it Hearing.—The Commission will hold www.usitc.gov/documents/handbook_ should proceed to full reviews in the a hearing in connection with the on_filing_procedures.pdf, elaborates subject five-year reviews (84 FR 67960, reviews beginning at 9:30 a.m. on upon the Commission’s procedures with December 12, 2019); accordingly, full Thursday, July 16, 2020, at the U.S. respect to filings. reviews are being scheduled pursuant to International Trade Commission Additional written submissions to the section 751(c)(5) of the Tariff Act of Building. Requests to appear at the Commission, including requests 1930 (19 U.S.C. 1675(c)(5)). A record of hearing should be filed in writing with pursuant to section 201.12 of the the Commissioners’ votes, the the Secretary to the Commission on or Commission’s rules, shall not be Commission’s statement on adequacy, before July 8, 2020. A nonparty who has accepted unless good cause is shown for and any individual Commissioner’s testimony that may aid the accepting such submissions, or unless statements are available from the Office Commission’s deliberations may request the submission is pursuant to a specific of the Secretary and at the permission to present a short statement request by a Commissioner or Commission’s website. at the hearing. All parties and Commission staff. Participation in the reviews and nonparties desiring to appear at the In accordance with sections 201.16(c) public service list.—Persons, including hearing and make oral presentations and 207.3 of the Commission’s rules, industrial users of the subject should participate in a prehearing each document filed by a party to the merchandise and, if the merchandise is conference to be held on July 10, 2020, reviews must be served on all other sold at the retail level, representative at the U.S. International Trade parties to the reviews (as identified by consumer organizations, wishing to Commission Building, if deemed either the public or BPI service list), and participate in these reviews as parties necessary. Oral testimony and written a certificate of service must be timely must file an entry of appearance with materials to be submitted at the public filed. The Secretary will not accept a

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document for filing without a certificate Street SW, Washington, DC 20436. Register. A separate service list will be of service. Hearing-impaired persons can obtain maintained by the Secretary for those Authority: These reviews are being information on this matter by contacting parties authorized to receive BPI under conducted under authority of title VII of the the Commission’s TDD terminal on 202– the APO. Tariff Act of 1930; this notice is published 205–1810. Persons with mobility Conference.—As the Commission pursuant to section 207.62 of the impairments who will need special proceeds with alternative solutions Commission’s rules. assistance in gaining access to the during the COVID–19 pandemic, the By order of the Commission. Commission should contact the Office Commission is not holding in-person Issued: March 19, 2020. of the Secretary at 202–205–2000. Title VII (antidumping and Lisa Barton, General information concerning the countervailing duty) preliminary phase Commission may also be obtained by staff conferences at the U.S. Secretary to the Commission. accessing its internet server (https:// International Trade Commission [FR Doc. 2020–06199 Filed 3–24–20; 8:45 am] www.usitc.gov). The public record for Building. It is providing an opportunity BILLING CODE 7020–02–P these investigations may be viewed on for parties to provide opening remarks, the Commission’s electronic docket witness testimony, and responses to (EDIS) at https://edis.usitc.gov. INTERNATIONAL TRADE staff questions through written COMMISSION SUPPLEMENTARY INFORMATION: submissions. Requests to participate in Background.—These investigations these written proceedings should be [Investigation Nos. 701–TA–643 and 731– are being instituted, pursuant to emailed to preliminaryconferences@ TA–1493 (Preliminary)] sections 703(a) and 733(a) of the Tariff usitc.gov (DO NOT FILE ON EDIS) on or before April 1, 2020. A nonparty who Small Vertical Shaft Engines From Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to a petition filed has testimony that may aid the China; Institution of Anti-Dumping and Commission’s deliberations may request Countervailing Duty Investigations and on March 18, 2020, by Briggs & Stratton Corporation, Wauwatosa, Wisconsin. permission to participate by submitting Scheduling of Preliminary Phase a short statement. Investigations For further information concerning the conduct of these investigations and Please note the Secretary’s Office will AGENCY: United States International rules of general application, consult the accept only electronic filings during this Trade Commission. Commission’s Rules of Practice and time. Filings must be made through the ACTION: Notice. Procedure, part 201, subparts A and B Commission’s Electronic Document (19 CFR part 201), and part 207, Information System (EDIS, https:// SUMMARY: The Commission hereby gives subparts A and B (19 CFR part 207). edis.usitc.gov). No in-person paper- notice of the institution of investigations Participation in the investigations and based filings or paper copies of any and commencement of preliminary public service list.—Persons (other than electronic filings will be accepted until phase antidumping and countervailing petitioners) wishing to participate in the further notice. duty investigation Nos. 701–TA–643 investigations as parties must file an Written submissions.—As provided in and 731–TA–1493 (Preliminary) entry of appearance with the Secretary sections 201.8 and 207.15 of the pursuant to the Tariff Act of 1930 (‘‘the to the Commission, as provided in Commission’s rules, any person may Act’’) to determine whether there is a sections 201.11 and 207.10 of the submit to the Commission on or before reasonable indication that an industry Commission’s rules, not later than seven April 13, 2020, a written brief in the United States is materially days after publication of this notice in containing information and arguments injured or threatened with material the Federal Register. Industrial users pertinent to the subject matter of the injury, or the establishment of an and (if the merchandise under investigations. Parties may file written industry in the United States is investigation is sold at the retail level) testimony in connection with their materially retarded, by reason of representative consumer organizations participation in the written proceedings imports of small vertical shaft engines have the right to appear as parties in described above. All written from China, provided for in subheadings Commission antidumping duty and submissions must conform with the 8407.90.10, 8409.91.99, 8433.11.00, countervailing duty investigations. The provisions of section 201.8 of the 8424.30.90, and 8407.90.90, of the Secretary will prepare a public service Commission’s rules; any submissions Harmonized Tariff Schedule of the list containing the names and addresses that contain BPI must also conform with United States, that are alleged to be sold of all persons, or their representatives, the requirements of sections 201.6, in the United States at less than fair who are parties to these investigations 207.3, and 207.7 of the Commission’s value and alleged to be subsidized by upon the expiration of the period for rules. The Commission’s Handbook on the Government of China. Unless the filing entries of appearance. Filing Procedures, available on the Department of Commerce (‘‘Commerce’’) Limited disclosure of business Commission’s website at https:// extends the time for initiation, the proprietary information (BPI) under an www.usitc.gov/documents/handbook_ Commission must reach a preliminary administrative protective order (APO) on_filing_procedures.pdf, elaborates determination in antidumping and and BPI service list.—Pursuant to upon the Commission’s procedures with countervailing duty investigations in 45 section 207.7(a) of the Commission’s respect to filings. days, or in this case by May 4, 2020. The rules, the Secretary will make BPI In accordance with sections 201.16(c) Commission’s views must be gathered in these investigations and 207.3 of the rules, each document transmitted to Commerce within five available to authorized applicants filed by a party to the investigations business days thereafter, or by May 11, representing interested parties (as must be served on all other parties to 2020. defined in 19 U.S.C. 1677(9)) who are the investigations (as identified by DATES: March 18, 2020. parties to the investigations under the either the public or BPI service list), and FOR FURTHER INFORMATION CONTACT: APO issued in the investigations, a certificate of service must be timely Charles Cummings ((202) 708–1666), provided that the application is made filed. The Secretary will not accept a Office of Investigations, U.S. not later than seven days after the document for filing without a certificate International Trade Commission, 500 E publication of this notice in the Federal of service.

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Certification.—Pursuant to section FOR FURTHER INFORMATION CONTACT: 4. Affected public who will be asked 207.3 of the Commission’s rules, any Written comments and/or suggestions or required to respond, as well as a brief person submitting information to the regarding the items contained in this abstract: Primary: Individuals. This Commission in connection with these notice, especially the estimated public collection is necessary for individuals to investigations must certify that the burden and associated response time, submit payment to receive a copy of information is accurate and complete to should be directed to Gerry Lynn their personal identification record. the best of the submitter’s knowledge. In Brovey, Supervisory Information 5. An estimate of the total number of making the certification, the submitter Liaison Specialist, Federal Bureau of respondents and the amount of time will acknowledge that any information Investigation, Criminal Justice estimated for an average respondent to that it submits to the Commission Information Services Division, 1000 respond: Annually, the FBI receives during these investigations may be Custer Hollow Road; Clarksburg, WV 25,000 credit card payment forms, disclosed to and used: (i) By the 26306; phone: 304–625–4320 or email therefore there are 25,000 respondents. Commission, its employees and Offices, [email protected]. Written comments The form requires 3.5 minutes to and contract personnel (a) for and/or suggestions can also be sent to complete. developing or maintaining the records the Office of Management and Budget, 6. An estimate of the total public of these or related investigations or Office of Information and Regulatory burden (in hours) associated with the reviews, or (b) in internal investigations, Affairs, Attention Department of Justice collection: There are an estimated 1,458 audits, reviews, and evaluations relating Desk Officer, Washington, DC 20503 or total annual burden hours associated to the programs, personnel, and sent to OIRA_submissions@ with this collection. operations of the Commission including omb.eop.gov. If additional information is required under 5 U.S.C. Appendix 3; or (ii) by contact: Melody Braswell, Department SUPPLEMENTARY INFORMATION: Written U.S. government employees and Clearance Officer, United States comments and suggestions from the contract personnel, solely for Department of Justice, Justice public and affected agencies concerning cybersecurity purposes. All contract Management Division, Policy and the proposed collection of information Planning Staff, Two Constitution personnel will sign appropriate are encouraged. Your comments should Square, 145 N Street NE, Suite 3E.405B, nondisclosure agreements. address one or more of the following Washington, DC 20530. Authority: These investigations are four points: being conducted under authority of title Dated: March 20, 2020. VII of the Tariff Act of 1930; this notice —Evaluate whether the proposed Melody Braswell, is published pursuant to section 207.12 collection of information is necessary Department Clearance Officer for PRA, U.S. of the Commission’s rules. for the proper performance of the Department of Justice. functions of the agency, including By order of the Commission. [FR Doc. 2020–06242 Filed 3–24–20; 8:45 am] whether the information will have BILLING CODE 4410–AT–P Issued: March 20, 2020. practical utility; Lisa Barton, —Evaluate the accuracy of the agencies Secretary to the Commission. estimate of the burden of the DEPARTMENT OF LABOR [FR Doc. 2020–06240 Filed 3–24–20; 8:45 am] proposed collection of information, BILLING CODE 7020–02–P including the validity of the Mine Safety and Health Administration methodology and assumptions used; [OMB Control No. 1219–0048] —Enhance the quality, utility, and DEPARTMENT OF JUSTICE clarity of the information to be Proposed Extension of Information collected; and Collection; Respirator Program Federal Bureau of Investigation —Minimize the burden of the collection Records of information on those who are to [OMB Number: 1110–0070] respond, including through the use of AGENCY: Mine Safety and Health appropriate automated, electronic, Administration, Labor. Agency Information Collection mechanical, or other technological ACTION: Request for public comments. Activities; Proposed eCollection collection techniques or other forms eComments Requested; Extension of SUMMARY: The Department of Labor, as of information technology, e.g., an Existing Collection in Use Credit part of its continuing effort to reduce permitting electronic submission of Card Payment Form (1–786) paperwork and respondent burden, responses. conducts a pre-clearance consultation AGENCY: Criminal Justice Information Overview of This Information program to provide the general public Services Division, Federal Bureau of Collection and Federal agencies with an Investigation, Department of Justice. opportunity to comment on proposed ACTION: 30-Day notice. 1. Type of Information Collection: collections of information in accordance Extension of a currently approved with the Paperwork Reduction Act of SUMMARY: The Department of Justice collection. 1995. This program helps to ensure that (DOJ), Federal Bureau of Investigation 2. The Title of the Form/Collection: requested data can be provided in the (FBI), Criminal Justice Information Credit Card Payment Form. desired format, reporting burden (time Services (CJIS) Division will be 3. The agency form number, if any, and financial resources) is minimized, submitting the following information and the applicable component of the collection instruments are clearly collection request to the Office of Department sponsoring the collection: understood, and the impact of collection Management and Budget (OMB) for The form number is 1–786, the requirements on respondents can be review and approval in accordance with applicable component within the properly assessed. Currently, the Mine the Paperwork Reduction Act of 1995. Sponsoring component: Department of Safety and Health Administration DATES: The Department of Justice Justice, Federal Bureau of Investigation, (MSHA) is soliciting comments on the encourages public comment and will Criminal Justice Information Services information collection for Respirator accept input until April 24, 2020. Division. Program Records.

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DATES: All comments must be received permissible levels if they are protected III. Current Actions on or before May 26, 2020. by appropriate respiratory protective This request for collection of ADDRESSES: Comments concerning the equipment. information contains provisions for information collection requirements of Sections 56.5005 and 57.5005 Respirator Program Records. MSHA has this notice may be sent by any of the incorporate by reference, requirements updated the data with respect to the methods listed below. of the American National Standards number of respondents, responses, • Federal E-Rulemaking Portal: Institute’s Practices for Respiratory burden hours, and burden costs http://www.regulations.gov. Follow the Protection (ANSI Z88.2–1969). These supporting this information collection on-line instructions for submitting incorporated requirements mandate that request. comments for docket number MSHA– miners who must wear respirators be fit- Type of Review: Revision of a 2020–0011. tested to the respirators that they will currently approved collection. • Regular Mail: Send comments to use. Certain records are also required to Agency: Mine Safety and Health USDOL–MSHA, Office of Standards, be kept in connection with respirators, Administration. Regulations, and Variances, 201 12th including: written standard operating OMB Number: 1219–0048. Street South, Suite 4E401, Arlington, procedures governing the selection and Affected Public: Business or other for- VA 22202–5452. use of respirators; records of the date of profit. • Hand Delivery: USDOL–Mine issuance of the respirator; and fit-test Number of Respondents: 350. Safety and Health Administration, 201 results. Frequency: On occasion. 12th Street South, Suite 4E401, Number of Responses: 6,300. Arlington, VA 22202–5452. Sign in at II. Desired Focus of Comments Annual Burden Hours: 3,588 hours. the receptionist’s desk on the 4th floor MSHA is soliciting comments Annual Respondent or Recordkeeper via the East elevator. concerning the proposed information Cost: $140,000. FOR FURTHER INFORMATION CONTACT: collection. MSHA is particularly Comments submitted in response to Sheila McConnell, Director, Office of interested in comments that: this notice will be summarized and Standards, Regulations, and Variances, included in the request for Office of • Evaluate whether the collection of MSHA, at Management and Budget approval of the information is necessary for the proper [email protected] information collection request; they will performance of the functions of the (email); (202) 693–9440 (voice); or (202) also become a matter of public record. Agency, including whether the 693–9441 (facsimile). information has practical utility; Sheila McConnell, SUPPLEMENTARY INFORMATION: • Evaluate the accuracy of MSHA’s Certifying Officer. I. Background estimate of the burden of the collection [FR Doc. 2020–06221 Filed 3–24–20; 8:45 am] Section 103(h) of the Federal Mine of information, including the validity of BILLING CODE 4510–43–P Safety and Health Act of 1977 (Mine the methodology and assumptions used; • Suggest methods to enhance the Act), 30 U.S.C. 813(h), authorizes DEPARTMENT OF LABOR MSHA to collect information necessary quality, utility, and clarity of the to carry out its duty in protecting the information to be collected; and Mine Safety and Health Administration safety and health of miners. Further, • Minimize the burden of the [OMB Control No. 1219–0152] section 101(a) of the Mine Act, 30 U.S.C. collection of information on those who 811, authorizes the Secretary of Labor to are to respond, including through the Proposed Extension of Information develop, promulgate, and revise as may use of appropriate automated, Collection; Periodic Medical be appropriate, improved mandatory electronic, mechanical, or other Surveillance Examinations for Coal health or safety standards for the technological collection techniques or Miners protection of life and prevention of other forms of information technology, injuries in coal or other mines. e.g., permitting electronic submission of AGENCY: Mine Safety and Health Title 30 CFR 56.5005 and 57.5005 responses. Administration, Labor. require, whenever respiratory The information collection request ACTION: Request for public comments. equipment is used, that metal and will be available on http:// nonmetal mine operators institute a SUMMARY: The Department of Labor, as www.regulations.gov. MSHA cautions respirator program governing selection, part of its continuing effort to reduce the commenter against providing any maintenance, training, fitting, paperwork and respondent burden, information in the submission that supervision, cleaning, and use of conducts a pre-clearance consultation should not be publicly disclosed. Full respirators. These standards seek to program to provide the general public comments, including personal control miner exposure to harmful and Federal agencies with an information provided, will be made airborne contaminants by using opportunity to comment on proposed available on www.regulations.gov and engineering controls to prevent collections of information in accordance www.reginfo.gov. contamination and vent or dilute the with the Paperwork Reduction Act of contaminated air. However, where The public may also examine publicly 1995. This program helps to ensure that accepted engineering control measures available documents at USDOL–Mine requested data can be provided in the have not been developed or when Safety and Health Administration, 201 desired format, reporting burden (time necessary by the nature of work 12th South, Suite 4E401, Arlington, VA and financial resources) is minimized, involved (for example, while 22202–5452. Sign in at the receptionist’s collection instruments are clearly establishing controls or occasional entry desk on the 4th floor via the East understood, and the impact of collection into hazardous atmospheres to perform elevator. requirements on respondents can be maintenance or investigation), Questions about the information properly assessed. Currently, the Mine employees may work for reasonable collection requirements may be directed Safety and Health Administration periods of time in concentrations of to the person listed in the FOR FURTHER (MSHA) is soliciting comments on the airborne contaminants exceeding INFORMATION section of this notice. information collection for Periodic

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Medical Surveillance Examinations for injuries in coal and metal and nonmetal available at https://regulations.gov and Coal Miners. mines. in DOL–MSHA located at 201 12th DATES: All comments must be received The Mine Act authorizes the National Street South, Suite 4E401, Arlington, on or before May 26, 2020. Institute for Occupational Safety and VA 22202–5452. Questions about the Health (NIOSH) to study the causes and information collection requirements ADDRESSES: You may submit comment consequences of coal-related respiratory may be directed to the person listed in as follows. Please note that late, disease, and in cooperation with MSHA, the FOR FURTHER INFORMATION section of untimely filed comments will not be to carry out a program for early this notice from the previous collection considered. detection and prevention of of information. Electronic Submissions: Submit pneumoconiosis. NIOSH administers electronic comments in the following the National Coal Workers’ Health III. Current Actions way: • Surveillance Program, ‘‘Specifications This information collection request Federal eRulemaking Portal: for Medical Examinations of concerns provisions for Periodic https://www.regulations.gov. Follow the Underground Coal Miners,’’ as specified Medical Surveillance Examinations for instructions for submitting comments in 42 CFR part 37. Title 30 CFR 72.100 Coal Miners. MSHA has updated the for docket number MSHA–2020–0010. • contains collection requirements for data with respect to the number of Comments submitted electronically, these activities in paragraphs (d) and (e). respondents, responses, burden hours, including attachments, to https:// Section 72.100(d) requires that each and burden costs supporting this www.regulations.gov will be posted to mine operator must develop and submit information collection request from the the docket, with no changes. Because for approval to NIOSH a plan in previous information collection request. your comment will be made public, you accordance with 42 CFR part 37 for Type of Review: Extension, without are responsible for ensuring that your providing miners with the required change, of a currently approved comment does not include any periodic examinations specified in collection. confidential information that you or a section 72.100(a) and a roster specifying Agency: Mine Safety and Health third party may not wish to be posted, the name and current address of each Administration. such as your or anyone else’s Social miner covered by the plan. OMB Number: 1219–0152. Security number or confidential Section 72.100(e) requires that each Affected Public: Business or other for- business information. mine operator must post on the mine profit. • If you want to submit a comment bulletin board at all times the approved Number of Respondents: 1,126. with confidential information that you plan for providing the examinations Frequency: On occasion. do not wish to be made available to the specified in section 72.100(a). Number of Responses: 1,352. public, submit the comment as a Sections 72.100(d) and (e) are Annual Burden Hours: 1,051 hours. written/paper submission. requirements that mirror NIOSH Annual Respondent or Recordkeeper Written/Paper Submissions: Submit information collection requirements Cost: $406. written/paper submissions in the under 42 CFR 37.4 (existing OMB No. Comments submitted in response to following way: 0920–0020). Including these this notice will be summarized in the • Mail/Hand Delivery: Mail or visit requirements allows MSHA to use its request for Office of Management and DOL–MSHA, Office of Standards, inspection and enforcement authority to Budget approval of the proposed Regulations, and Variances, 201 12th ensure that operators comply with these information collection request; they will Street South, Suite 4E401, Arlington, provisions. become a matter of public record and VA 22202–5452. will be available at https:// • II. Desired Focus of Comments MSHA will post your comment as www.reginfo.gov. well as any attachments, except for MSHA is soliciting comments information submitted and marked as concerning the proposed information Sheila McConnell, confidential, in the docket at https:// collection. MSHA is particularly Certifying Officer. www.regulations.gov. interested in comments that: [FR Doc. 2020–06218 Filed 3–24–20; 8:45 am] • Evaluate whether the collection of FOR FURTHER INFORMATION CONTACT: BILLING CODE 4510–43–P information is necessary for the proper Sheila McConnell, Director, Office of performance of the functions of the Standards, Regulations, and Variances, Agency, including whether the DEPARTMENT OF LABOR MSHA, at information has practical utility; [email protected] • Evaluate the accuracy of MSHA’s Mine Safety and Health Administration (email); (202) 693–9440 (voice); or (202) estimate of the burden of the collection [OMB Control No. 1219–0034] 693–9441 (facsimile). of information, including the validity of SUPPLEMENTARY INFORMATION: the methodology and assumptions used; Proposed Extension of Information • I. Background Suggest methods to enhance the Collection; Records of Tests and of quality, utility, and clarity of the Examinations of Personnel Hoisting Section 103(h) of the Federal Mine information to be collected; and Equipment Safety and Health Act of 1977 (Mine • Minimize the burden of the Act), 30 U.S.C. 813(h), authorizes collection of information on those who AGENCY: Mine Safety and Health MSHA to collect information necessary are to respond, including through the Administration, Labor. to carry out its duty in protecting the use of appropriate automated, ACTION: Request for public comments. safety and health of miners. Further, electronic, mechanical, or other section 101(a) of the Mine Act, 30 U.S.C. technological collection techniques or SUMMARY: The Department of Labor, as 811, authorizes the Secretary of Labor to other forms of information technology, part of its continuing effort to reduce develop, promulgate, and revise as may e.g., permitting electronic submission of paperwork and respondent burden, be appropriate, improved mandatory responses. conducts a pre-clearance consultation health or safety standards for the Background documents related to this program to provide the general public protection of life and prevention of information collection request are and Federal agencies with an

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opportunity to comment on proposed mines (30 CFR parts 56 and 57); and • Evaluate the accuracy of MSHA’s collections of information in accordance underground coal and surface work estimate of the burden of the collection with the Paperwork Reduction Act of areas of underground coal mines (30 of information, including the validity of 1995. This program helps to ensure that CFR parts 75 and 77). the methodology and assumptions used; requested data can be provided in the Sections 56/57.19022 and 75/77.1432 • Suggest methods to enhance the desired format, reporting burden (time requires the diameter of newly installed quality, utility, and clarity of the and financial resources) is minimized, wire rope to be measured at least once information to be collected; and collection instruments are clearly in every third interval of the rope’s • Minimize the burden of the understood, and the impact of collection active length to establish a baseline for collection of information on those who requirements on respondents can be subsequent semiannual measurements. are to respond, including through the properly assessed. Currently, the Mine A record of the measurements is use of appropriate automated, Safety and Health Administration required to be made and retained until electronic, mechanical, or other (MSHA) is soliciting comments on the the rope is retired from service. technological collection techniques or information collection for Records of Sections 56/57.19023 and 75/77.1433 other forms of information technology, Tests and of Examinations of Personnel require the wire rope to be visually e.g., permitting electronic submission of Hoisting Equipment. examined at least every fourteen days responses. DATES: All comments must be received for visible structural damage, corrosion, The information collection request on or before May 26, 2020. and improper lubrication or dressing. If will be available on http:// ADDRESSES: Comments concerning the the examination reveals weakening www.regulations.gov. MSHA cautions information collection requirements of portions of the rope, the weakened the commenter against providing any this notice may be sent by any of the portions must be monitored daily for information in the submission that methods listed below. further deterioration until retirement should not be publicly disclosed. Full • Federal E-Rulemaking Portal: criteria require that the rope be removed comments, including personal http://www.regulations.gov. Follow the from service. The person conducting the information provided, will be made on-line instructions for submitting examination must certify that the available on www.regulations.gov and comments for docket number MSHA– examination was made and the record www.reginfo.gov. must be retained for one year. 2020–0012. The public may also examine publicly • Sections 56/57.19121 requires the Regular Mail: Send comments to available documents at USDOL–Mine person conducting the inspection, test USDOL–MSHA, Office of Standards, Safety and Health Administration, 201 or examination of hoisting equipment Regulations, and Variances, 201 12th 12th South, Suite 4E401, Arlington, VA certify that these activities have been Street South, Suite 4E401, Arlington, 22202–5452. Sign in at the receptionist’s done. Any unsafe conditions must be VA 22202–5452. desk on the 4th floor via the East • Hand Delivery: USDOL–Mine noted in a record and dated. All elevator. Safety and Health Administration, 201 certifications and records must be 12th Street South, Suite 4E401, retained for one year. Questions about the information Arlington, VA 22202–5452. Sign in at Section 75.1400–2 requires a record to collection requirements may be directed the receptionist’s desk on the 4th floor be made of tests conducted on safety to the person listed in the FOR FURTHER via the East elevator. catches. Safety catches are the last INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: means to stop, safely, a falling III. Current Actions Sheila McConnell, Director, Office of conveyance in the event of rope or Standards, Regulations, and Variances, equipment failure. This request for collection of MSHA, at Sections 75.1400–4 and 77.1404 information contains provisions for [email protected] require a record to be made of each Records of Tests and of Examinations of (email); (202) 693–9440 (voice); or (202) daily examination. If any unsafe Personnel Hoisting Equipment. MSHA 693–9441 (facsimile). condition is found during the has updated the data with respect to the number of respondents, responses, SUPPLEMENTARY INFORMATION: examination, the person conducting the examination must make a record of the burden hours, and burden costs I. Background condition. All certifications and records supporting this information collection request. Section 103(h) of the Federal Mine must be retained for one year. Safety and Health Act of 1977 (Mine Section 77.1906 requires a daily Type of Review: Extension, without Act), 30 U.S.C. 813(h), authorizes examination of hoists used for shaft change, of a currently approved MSHA to collect information necessary sinking. If any unsafe condition is found collection. to carry out its duty in protecting the during the examination, the person Agency: Mine Safety and Health safety and health of miners. Further, conducting the examination must make Administration. section 101(a) of the Mine Act, 30 U.S.C. a record of the condition. All OMB Number: 1219–0034. 811, authorizes the Secretary of Labor to certifications and records must be Affected Public: Business or other for- develop, promulgate, and revise as may retained for one year. profit. be appropriate, improved mandatory II. Desired Focus of Comments Number of Respondents: 225. health or safety standards for the Frequency: On occasion. protection of life and prevention of MSHA is soliciting comments Number of Responses: 61,366. injuries in coal or other mines. concerning the proposed information Under Title 30 of the Code of Federal collection. MSHA is particularly Annual Burden Hours: 5,133 hours. Regulations (CFR), MSHA has interested in comments that: Annual Respondent or Recordkeeper requirements that address hoists and • Evaluate whether the collection of Cost: $270,000. appurtenances, including wire rope, information is necessary for the proper Comments submitted in response to used for hoisting persons. The performance of the functions of the this notice will be summarized and requirements address both metal and Agency, including whether the included in the request for Office of nonmetal surface and underground information has practical utility; Management and Budget approval of the

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information collection request; they will MSHA, at Under sections 56.14100 and also become a matter of public record. [email protected] 57.14100, operators must inspect (email); (202) 693–9440 (voice); or (202) equipment, machinery, and tools that Sheila McConnell, 693–9441 (facsimile). are to be used during a shift for safety Certifying Officer. SUPPLEMENTARY INFORMATION: defects before the equipment is placed [FR Doc. 2020–06219 Filed 3–24–20; 8:45 am] in operation. Defects affecting safety are I. Background BILLING CODE 4510–43–P required to be corrected in a timely Section 103(h) of the Federal Mine manner. In instances where the defect Safety and Health Act of 1977 (Mine DEPARTMENT OF LABOR makes continued operation of the Act), 30 U.S.C. 813(h), authorizes equipment hazardous to persons, the MSHA to collect information necessary Mine Safety and Health Administration equipment must be removed from to carry out its duty in protecting the service, tagged to identify that it is out [OMB Control No. 1219–0089] safety and health of miners. Further, of use, and repaired before use is section 101(a) of the Mine Act, 30 U.S.C. resumed. Proposed Extension of Information 811, authorizes the Secretary of Labor Collection; Safety Defects; (Secretary) to develop, promulgate, and Safety defects on self-propelled Examination, Correction, and Records revise as may be appropriate, improved mobile equipment account for many injuries and fatalities in the mining AGENCY: Mine Safety and Health mandatory health or safety standards for industry. Inspection of this equipment Administration, Labor. the protection of life and prevention of injuries in coal and metal and nonmetal prior to use is required to ensure safe ACTION: Request for public comments. mines. operation. The equipment operator is SUMMARY: The Department of Labor, as This Information Collection Request required to make a visual and part of its continuing effort to reduce concerns recordkeeping requirements operational check of the various primary paperwork and respondent burden, related to: (1) Inspection of compressed- operating systems that affect safety, conducts a pre-clearance consultation air receivers and other unfired pressure such as brakes, lights, horn, seatbelts, program to provide the general public vessels, (2) Boilers, (3) Safety defects; tires, steering, back-up alarm, and Federal agencies with an examination, correction and records, windshield, cab safety glass, rear and opportunity to comment on proposed and (4) Examination of working places. side view mirrors, and other safety and collections of information in accordance Under sections 56.13015 and health related items. with the Paperwork Reduction Act of 57.13015 of title 30, Code of Federal Regulations (CFR), compressed-air Any defects found are required to be 1995. This program helps to ensure that either corrected immediately, or requested data can be provided in the receivers and other unfired pressure vessels must be inspected by inspectors reported to and recorded by the mine desired format, reporting burden (time operator prior to the timely correction. and financial resources) is minimized, holding a valid National Board Commission and in accordance with the The precise format in which the record collection instruments are clearly is kept is left to the discretion of the understood, and the impact of collection applicable chapters of the National Board Inspection Code, a Manual for mine operator. Reports of uncorrected requirements on respondents can be defects are required to be recorded by properly assessed. Currently, the Mine Boiler and Pressure Vessels Inspectors, 1979. Safety defects found on the mine operator and kept at the mine Safety and Health Administration office from the date the defects are (MSHA) is soliciting comments on the compressed-air receivers and other recorded, until the defects are corrected. information collection for Safety unfired pressure vessels have caused Defects; Examination, Correction, and injuries and fatalities in the mining Under sections 56.18002 and Records. industry. 57.18002 of title 30 CFR, a competent Records of inspections must be kept person designated by the operator shall DATES: All comments must be received in accordance with the requirements of examine each working place at least on or before May 26, 2020. the National Board Inspection Code and once each shift before miners begin ADDRESSES: Comments concerning the the records must be made available to work in that place, for conditions that information collection requirements of the Secretary or an authorized may adversely affect safety or health. A this notice may be sent by any of the representative. record of each examination must be methods listed below. Under sections 56.13030 and made before the end of the shift for • Federal E-Rulemaking Portal: 57.13030 of title 30 CFR, fired pressure http://www.regulations.gov. Follow the vessels (boilers) must be equipped with which the examination was conducted. on-line instructions for submitting water level gauges, pressure gauges, The record must contain the name of the comments for docket number MSHA– automatic pressure-relief valves, person conducting the examination; the 2019–0050. blowdown piping and other safety date of the examination; location of all • Regular Mail: Send comments to devices approved by the American areas examined; and description of each USDOL–MSHA, Office of Standards, Society of Mechanical Engineers to condition found that may adversely Regulations, and Variances, 201 12th protect against hazards from affect the safety or health of miners. Street South, Suite 4E401, Arlington, overpressure, flameouts, fuel When a condition that may adversely VA 22202–5452. interruptions and low water level. affect safety or health is corrected, the • Hand Delivery: USDOL–Mine Records of inspection and repairs examination record shall include, or be Safety and Health Administration, 201 must be retained by the mine operator supplemented to include, the date of the 12th Street South, Suite 4E401, in accordance with the requirements of corrective action. The operator must Arlington, VA 22202–5452. Sign in at the ASME Boiler and Pressure Vessel maintain the examination records for at the receptionist’s desk on the 4th floor Code, 1977, and the National Board least one year, make the records via the East elevator. Inspection Code (progressive records— available for inspection by authorized FOR FURTHER INFORMATION CONTACT: no limit on retention time) and shall be representatives of the Secretary and the Sheila McConnell, Director, Office of made available to the Secretary or an representatives of miners, and provide Standards, Regulations, and Variances, authorized representative. these representatives a copy on request.

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II. Desired Focus of Comments Number of Responses: 4,101,012. not be released under the Freedom of Annual Burden Hours: 881,963 hours. Information Act. MSHA is soliciting comments Annual Respondent or Recordkeeper concerning the proposed information ADDRESSES: Objections relating to the Cost: $215,299. prospective license may be submitted to collection. MSHA is particularly Comments submitted in response to James J. McGroary, Chief Patent interested in comments that: this notice will be summarized and • counsel/LS01, NASA Marshall Space Evaluate whether the collection of included in the request for Office of Flight Center, Huntsville, AL 35812, information is necessary for the proper Management and Budget approval of the (256) 544–0013. Email performance of the functions of the information collection request; they will [email protected]. Agency, including whether the also become a matter of public record. information has practical utility; FOR FURTHER INFORMATION CONTACT: Cory • Evaluate the accuracy of MSHA’s Sheila McConnell, S. Efird, Technology Transfer Branch/ estimate of the burden of the collection Certifying Officer. ST22, NASA Marshall Space Flight of information, including the validity of [FR Doc. 2020–06220 Filed 3–24–20; 8:45 am] Center, Huntsville, AL 35812, (256) the methodology and assumptions used; BILLING CODE 4510–43–P 617–0237. Email [email protected]. • Suggest methods to enhance the SUPPLEMENTARY INFORMATION: This quality, utility, and clarity of the notice of intent to grant a partially information to be collected; and NATIONAL AERONAUTICS AND • exclusive patent license is issued in Minimize the burden of the SPACE ADMINISTRATION accordance with 35 U.S.C. 209(e) and 37 collection of information on those who [Notice (20–037)] CFR 404.7(a)(1)(i). The patent rights in are to respond, including through the these inventions have been assigned to use of appropriate automated, Notice of Intent To Grant Partially the United States of America as electronic, mechanical, or other Exclusive License represented by the Administrator of the technological collection techniques or National Aeronautics and Space other forms of information technology, AGENCY: National Aeronautics and Administration. The prospective co- e.g., permitting electronic submission of Space Administration. exclusive license will comply with the responses. ACTION: Notice of intent to grant requirements of 35 U.S.C. 209 and 37 The information collection request partially exclusive patent license. CFR 404.7. will be available on http:// SUMMARY: NASA hereby gives notice of Information about other NASA www.regulations.gov. MSHA cautions inventions available for licensing can be the commenter against providing any its intent to grant a partially exclusive patent license in the United States to found online at http:// information in the submission that technology.nasa.gov. should not be publicly disclosed. Full practice the invention described and comments, including personal claimed in U.S. Patent Application Helen M. Galus, information provided, will be made entitled, ‘‘Disruptive Tuned Mass Agency Counsel for Intellectual Property. available on www.regulations.gov and System and Method’’, MFS–33317–1, to [FR Doc. 2020–06236 Filed 3–24–20; 8:45 am] Linc Research, Inc., having its principal www.reginfo.gov. BILLING CODE 7510–13–P The public may also examine publicly place of business in Huntsville, AL. The available documents at USDOL–Mine fields of use will be limited to Safety and Health Administration, 201 smokestacks, helicopters, and jitter NATIONAL AERONAUTICS AND 12th Street South, Suite 4E401, dampers. The patent rights in these SPACE ADMINISTRATION Arlington, VA 22202–5452. Sign in at inventions have been assigned to the United States of America as represented the receptionist’s desk on the 4th floor [Notice: (20–036)] via the East elevator. by the Administrator of the National Questions about the information Aeronautics and Space Administration. National Space Council Users’ collection requirements may be directed NASA has not yet made a determination Advisory Group; Meeting to the person listed in the FOR FURTHER to grant the requested license and may INFORMATION section of this notice. deny the requested license even if no AGENCY: National Aeronautics and objections are submitted within the Space Administration. III. Current Actions comment period. ACTION: Notice of meeting This request for collection of DATES: The prospective partially postponement. information contains recordkeeping exclusive license may be granted unless provisions for 30 CFR 56/57.13015, 56/ NASA receives written objections, SUMMARY: In accordance with the 57.13030, 56/57.14100, and 56/ including evidence and argument no Federal Advisory Committee Act, the 57.18002. MSHA has updated the data later than April 9, 2020 that establish National Aeronautics and Space with respect to the number of that the grant of the license would not Administration (NASA) announces that respondents, responses, burden hours, be consistent with the requirements the planned meeting on March 30, 2020, and burden costs supporting this regarding the licensing of federally of the National Space Council Users’ information collection request. owned inventions as set forth in the Advisory Group (UAG) is being Type of Review: Extension, without Bayh-Dole Act and implementing postponed until further notice. change, of a currently approved regulations. Competing applications SUPPLEMENTARY INFORMATION: This collection. completed and received by NASA no meeting was announced in the Federal Agency: Mine Safety and Health later than April 9, 2020 will also be Register on March 18, 2020 (see Administration. treated as objections to the grant of the reference below). The postponement of OMB Number: 1219–0089. contemplated partially exclusive this meeting is due to scheduling issues Affected Public: Business or other for- license. Objections submitted in of the key participants. NASA will profit. response to this notice will not be made announce the new dates for this meeting Number of Respondents: 12,280. available to the public for inspection in a future Federal Register notice. REF: Frequency: On occasion. and, to the extent permitted by law, will Federal Register/Vol. 85, No. 53/

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Wednesday, March 18, 2020/Notices; accordance with the NRC E-Filing rule. II. Self-Regulatory Organization’s page 15504. See 10 CFR 2.302.1 Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Patricia Rausch, Dated: March 19, 2020, in Rockville, Maryland. Change Advisory Committee Management Officer, National Aeronautics and Space E. Roy Hawkens, In its filing with the Commission, the Administration. Chief Administrative Judge, Atomic Safety Exchange included statements [FR Doc. 2020–06228 Filed 3–24–20; 8:45 am] and Licensing Board Panel. concerning the purpose of and basis for BILLING CODE 7510–13–P [FR Doc. 2020–06225 Filed 3–24–20; 8:45 am] the proposed rule change and discussed BILLING CODE 7590–01–P any comments it received on the proposed rule change. The text of these statements may be examined at the NUCLEAR REGULATORY SECURITIES AND EXCHANGE places specified in Item IV below. The COMMISSION COMMISSION Exchange has prepared summaries, set forth in sections A, B, and C below, of [Docket No. 50–341–LA; ASLBP No. 20– [Release No. 34–88428; File No. SR–BX– 966–02–LA–BD01] 2020–004] the most significant aspects of such statements. DTE Electric Company; Establishment Self-Regulatory Organizations; Nasdaq A. Self-Regulatory Organization’s of Atomic Safety and Licensing Board BX, Inc.; Notice of Filing and Statement of the Purpose of, and Immediate Effectiveness of a Proposed Statutory Basis for, the Proposed Rule Pursuant to delegation by the Rule Change To Amend Rule 4121(b) Commission, see 37 FR 28,710 (Dec. 29, Change 1972), and the Commission’s March 19, 2020. 1. Purpose regulations, see, e.g., 10 CFR 2.104, Pursuant to Section 19(b)(1) of the 2.105, 2.300, 2.309, 2.313, 2.318, 2.321, Securities Exchange Act of 1934 The Exchange proposes to amend notice is hereby given that an Atomic (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Rule 4121(b) concerning the resumption Safety and Licensing Board (Board) is notice is hereby given that on March 19, of trading following a Level 3 market- being established to preside over the 2020, Nasdaq BX, Inc. (‘‘BX’’ or wide circuit breaker halt. The Exchange following proceeding: ‘‘Exchange’’) filed with the Securities is proposing this rule change in and Exchange Commission (‘‘SEC’’ or conjunction with other national DTE Electric Company ‘‘Commission’’) the proposed rule securities exchanges and the Financial (Fermi 2) change as described in Items I and II Industry Regulatory Authority below, which Items have been prepared (‘‘FINRA’’). This proceeding involves a challenge by the Exchange. The Commission is Rule 4121 provides a methodology for to an application by DTE Electric publishing this notice to solicit determining when to halt trading in all Company for a license amendment to comments on the proposed rule change stocks due to extraordinary market the operating license for the Fermi 2 from interested persons. volatility (i.e., market-wide circuit nuclear reactor located in Monroe breakers). The market-wide circuit County, Michigan. The requested I. Self-Regulatory Organization’s breaker (‘‘MWCB’’) mechanism under amendment would, inter alia, eliminate Statement of the Terms of Substance of Rule 4121 was approved by the a license renewal condition to replace the Proposed Rule Change Commission to operate on a pilot basis, spent fuel pool storage racks containing The Exchange proposes to amend the term of which was to coincide with Boraflex based on a proposal to install Rule 4121(b) concerning the resumption the pilot period for the Plan to Address neutron absorbing inserts. In response to of trading following a Level 3 market- Extraordinary Market Volatility a notice filed in the Federal Register, wide circuit breaker halt. Pursuant to Rule 608 of Regulation NMS see 85 FR 728, 731 (Jan. 7, 2020), The text of the proposed rule change (the ‘‘LULD Plan’’),3 including any Citizens’ Resistance at Fermi 2 (CRAFT) is available on the Exchange’s website at extensions to the pilot period for the filed a petition to intervene. See Petition http://nasdaqbx.cchwallstreet.com/, at LULD Plan.4 The Commission recently of [CRAFT] For Leave to Intervene and the principal office of the Exchange, and approved an amendment to the LULD For a Hearing Request to Invalidate a at the Commission’s Public Reference Plan for it to operate on a permanent, License Extension Condition by a Room. rather than pilot, basis.5 In light of the License Amendment Request (Mar. 9, proposal to make the LULD Plan 2020). 1 In its memorandum referring CRAFT’s Petition permanent, the Exchange amended Rule The Board is comprised of the to Intervene to the Atomic Safety and Licensing 4121 to untie the pilot’s effectiveness following administrative judges: Board Panel for appropriate action in accordance with 10 CFR 2.346(i), the Office of the Secretary from that of the LULD Plan and to Paul S. Ryerson, Chairman, Atomic stated: extend the pilot’s effectiveness to the Safety and Licensing Board Panel, The petition includes some discussion of the U.S. Nuclear Regulatory Commission, criteria and proposed NRC staff findings regarding 3 See Securities Exchange Act Release No. 67091 Washington, DC 20555–0001 a no significant hazards consideration (May 31, 2012), 77 FR 33498 (June 6, 2012). The determination. As stated in 10 CFR 50.58(b)(6), no LULD Plan provides a mechanism to address Dr. Sue H. Abreu, Atomic Safety and petition or other request for review of, or hearing extraordinary market volatility in individual Licensing Board Panel, U.S. Nuclear on, the staff’s no significant hazards consideration securities. Regulatory Commission, Washington, determination will be entertained by the 4 See Securities Exchange Act Release Nos. 67090 DC 20555–0001 Commission. Accordingly, this referral (May 31, 2012), 77 FR 33531 (June 6, 2012) (SR– memorandum is not to be construed as reflecting a Dr. Gary S. Arnold, Atomic Safety and BX–2011–068) (Approval Order); and 68815 determination that CRAFT is entitled to a review of, (February 1, 2013), 78 FR 9752 (February 11, 2013) Licensing Board Panel, U.S. Nuclear or hearing on, the staff’s no significant hazards (SR–BX–2013–009) (Notice of Filing and Immediate Regulatory Commission, Washington, consideration determination. Effectiveness of Proposed Rule Change to Delay the DC 20555–0001 Memorandum from Annette L. Vietti-Cook to E. Operative Date of a Rule Change to Exchange Rule Roy Hawkens (Mar. 18, 2020). 4121). All correspondence, documents, and 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Act Release No. 85623 other materials shall be filed in 2 17 CFR 240.19b–4. (April 11, 2019), 84 FR 16086 (April 17, 2019).

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close of business on October 18, 2019.6 securities at 9:30 a.m. Eastern Time the Exchange will halt trading for the The Exchange then filed to extend the (‘‘ET’’), and the Exchange would not be remainder of the trading day.13 The pilot for an additional year to the close able to resume trading during its Pre- proposed rule change would therefore of business on October 18, 2020.7 Market Session.9 Alternatively, if the allow each exchange to resume trading The market-wide circuit breaker primary listing market is the Nasdaq in all securities the next trading day under Rule 4121 provides an important, Stock Market LLC (‘‘Nasdaq’’), Nasdaq following a Level 3 halt at whatever automatic mechanism that is invoked to would resume trading in its listed time such exchange normally begins promote stability and investor securities at 4:00 a.m. ET on the next trading under its rules, which for the confidence during a period of trading day, and therefore, the Exchange Exchange would be at the beginning of significant stress when securities could resume trading at the the Pre-Market Session at 7:00 a.m. ET markets experience extreme broad-based commencement of its Pre-Market under its current rules. The Exchange declines. All U.S. equity exchanges and Session.10 also expects that the primary listing FINRA adopted uniform rules on a pilot Upon feedback from industry exchanges will facilitate this change by basis relating to market-wide circuit participants, the Exchange has been sending resume messages to the breakers in 2012 (‘‘MWCB Rules’’), working with other national securities applicable securities information which are designed to slow the effects exchanges and FINRA to establish a processor (‘‘SIP’’) to lift the Level 3 of extreme price movement through standardized approach for resuming trading halt message in all securities. coordinated trading halts across trading in all NMS Stocks following a The resumption messages will be securities markets when severe price Level 3 halt. The proposed approach disseminated after the SIP has started on declines reach levels that may exhaust would allow for the opening of all the next trading day and before the start market liquidity.8 Market-wide circuit securities the next trading day after a of the earliest pre-market trading session breakers provide for trading halts in all Level 3 halt as a regular trading day, and of all exchanges. If a security is equities and options markets during a is designed to ensure that Level 3 separately subject to a regulatory halt severe market decline as measured by a MWCB events are handled in a more that has not ended, the primary listing single-day decline in the S&P 500 Index. consistent manner that is transparent for exchange would replace the Level 3 halt Pursuant to Rule 4121, a market-wide market participants.11 message with the applicable regulatory trading halt will be triggered if the S&P As proposed, a Level 3 halt would halt message. 500 Index declines in price by specified end at the end of the trading day on percentages from the prior day’s closing which it is declared. This proposed Having a consistent approach for all price of that index. Currently, the change would allow for next-day trading securities will make the opening process triggers are set at three circuit breaker to resume in all NMS Stocks no the day after a Level 3 halt more thresholds: 7% (Level 1), 13% (Level 2), differently from any other trading day. uniform and reduce complexity, which and 20% (Level 3). A market decline In other words, an exchange could the Exchange believes is important after that triggers a Level 1 or Level 2 halt resume trading in any security when it a significant market event. Based on after 9:30 a.m. ET and before 3:25 p.m. first begins trading under its rules and industry feedback, the Exchange ET would halt market-wide trading for would not need to wait for the primary believes that opening in the normal 15 minutes, while a similar market listing market to re-open trading in a course in all equity securities will be decline at or after 3:25 p.m. ET would security before it could start trading beneficial to the marketplace. By not halt market-wide trading. A market such security.12 Accordingly, under the allowing trading to resume after a Level decline that triggers a Level 3 halt, at proposal, the Exchange could begin 3 halt in all securities no differently any time during the trading day, would trading all securities at the beginning of from any normal trading day under the halt market-wide trading until the the Exchange’s Pre-Market Session. respective rules of each exchange, the primary listing market opens the next To effect this change, the Exchange proposed rule change would provide trading day. proposes to delete the language in Rule greater certainty to the marketplace by Today, in the event that a Level 3 4121(b)(ii) requiring the Exchange to ensuring a familiar experience for all market decline occurs, the Exchange wait until the primary listing exchange market participants that trade NMS would halt trading for the remainder of opens the next trading day following a Stocks and balances out potential the trading day, and would not resume Level 3 market decline, and specify that concerns around volatility. While the until the primary listing market opens Exchange recognizes that the impact of the next trading day, which time may 9 Pre-Market Session means the trading session this proposal is to permit all securities currently vary depending on the that begins at 7:00 a.m. and continues until 9:30 to be traded in the Pre-Market Session, primary listing market. For example, if a.m. See Rule 4120(b)(4). which does not have certain price the primary listing market is the New 10 The Exchange’s system begins adding and protections for volatility such as LULD processing all eligible orders in time priority at 7:00 York Stock Exchange (‘‘NYSE’’), NYSE a.m. See Rule 4752(a) for further description of Bands or MWCB protections, the would resume trading in its listed trading in the Pre-Market Session. Exchange nonetheless believes that this 11 Of note, the U.S. futures markets, which have outcome is outweighed by the benefits 6 See Securities Exchange Act Release No. 85585 similar rules for coordinated MWCB halts, normally provided by opening in the Pre-Market (April 10, 2019), 84 FR 15643 (April 16, 2019) (SR– begin their ‘‘next day’’ trading session at 6:00 p.m. Session in a manner that is more BX–2019–008). ET (for CFE and CME) or at 8:00 p.m. ET (for ICE). 7 See Securities Exchange Act Release No. 87208 If the U.S. futures markets amend their MWCB familiar to the marketplace. Moreover, (October 3, 2019), 84 FR 54213 (October 9, 2019) rules, as needed, to allow for normal course trading allowing the resumption of trading to (SR–BX–2019–034). following a Level 3 halt, the futures markets would occur on the Exchange at the beginning 8 See Securities Exchange Act Release No. 67090 resume trading in their normal course at 6:00 p.m. of the Pre-Market Session in all NMS (May 31, 2012), 77 FR 33531 (June 6, 2012) (SR– ET (CFE and CME) or 8:00 p.m. ET (ICE) the same BATS–2011–038; SR–BYX–2011–025; SR–BX– day as the Level 3 halt. Stocks will allow for price formation to 2011–068; SR–CBOE–2011–087; SR–C2–2011–024; 12 The Exchange anticipates that the other occur earlier in the trading day, which SR–CHX–2011–30; SR–EDGA–2011–31; SR–EDGX– national securities exchanges and FINRA will also in turn allows market participants to 2011–30; SR–FINRA–2011–054; SR–ISE–2011–61; file similar proposals to amend their MWCB rules react to news that has developed. As SR–NASDAQ–2011–131; SR–NSX–2011–11; SR– on the resumption of trading following Level 3 NYSE–2011–48; SR–NYSEAmex–2011–73; SR– halts, and amend their rules, where required, to NYSEArca–2011–68; SR–Phlx–2011–129) (‘‘MWCB have their Level 3 next-day openings happen 13 Presently, the Exchange’s equities trading day Approval Order’’). normally. ends at 7:00 p.m. ET. See Rule 4701(g).

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such, trading at the beginning of regular B. Self-Regulatory Organization’s of investors and the public interest. The hours may be more orderly. Statement on Burden on Competition Exchange has asked the Commission to waive the 30-day operative delay so that 2. Statutory Basis The Exchange does not believe that the proposed rule change will impose the proposal may become operative The Exchange believes that its any burden on competition not immediately upon filing. The proposal is consistent with Section 6(b) necessary or appropriate in furtherance Commission believes that waiving the of the Act,14 in general, and furthers the of the purposes of the Act because the 30-day operative delay is consistent objectives of Section 6(b)(5) of the Act,15 proposed Level 3 rule change described with the protection of investors and the in particular, in that it is designed to above would standardize the opening public interest. The Commission notes promote just and equitable principles of process for all securities on the that it approved a substantively trade, to remove impediments to and Exchange, which would make the similarly proposed rule change 22 perfect the mechanism of a free and opening process the day after a Level 3 submitted by Nasdaq. Waiver of the open market and a national market halt more uniform and reduce operative delay will ensure consistency system, and, in general to protect complexity. Further, the Exchange across the market centers and the timely investors and the public interest. The understands that FINRA and other implementation of the proposed rule market-wide circuit breaker mechanism national securities exchanges will file change. Accordingly, the Commission under Rule 4121 is an important, similar proposals to adopt the proposed waives the 30-day operative delay and automatic mechanism that is invoked to Level 3 rule change.16 designates the proposed rule change 23 promote stability and investor operative upon filing. C. Self-Regulatory Organization’s confidence during a period of At any time within 60 days of the Statement on Comments on the significant stress when securities filing of such proposed rule change, the Proposed Rule Change Received From markets experience extreme broad-based Commission summarily may Members, Participants, or Others declines. The Exchange believes that the temporarily suspend such rule change if proposed rule change promotes just and No written comments were either it appears to the Commission that such equitable principles of trade in that it solicited or received. action is necessary or appropriate in the public interest, for the protection of promotes transparency and uniformity III. Date of Effectiveness of the across markets concerning when and investors, or otherwise in furtherance of Proposed Rule Change and Timing for the purposes of the Act. If the how to halt trading in all stocks as a Commission Action result of extraordinary market volatility, Commission takes such action, the and how the markets will resume The Exchange has filed the proposed Commission shall institute proceedings 24 trading following a Level 3 market rule change pursuant to Section under Section 19(b)(2)(B) of the Act to 17 decline. As described above, the 19(b)(3)(A)(iii) of the Act and Rule determine whether the proposed rule 18 Exchange, together with other national 19b–4(f)(6) thereunder. Because the change should be approved or securities exchanges and FINRA, is proposed rule change does not: (i) disapproved. Significantly affect the protection of seeking to adopt a standardized IV. Solicitation of Comments investors or the public interest; (ii) approach related to resuming trading in Interested persons are invited to NMS Stocks after a Level 3 MWCB halt. impose any significant burden on competition; and (iii) become operative submit written data, views, and In this regard, the Exchange believes arguments concerning the foregoing, that the proposal to resume trading in prior to 30 days from the date on which it was filed, or such shorter time as the including whether the proposed rule all securities following a Level 3 halt in change is consistent with the Act. the same manner that securities would Commission may designate, if consistent with the protection of Comments may be submitted by any of open trading on a regular trading day the following methods: (i.e., the beginning of the Pre-Market investors and the public interest, the Session at 7 a.m. ET on BX) will benefit proposed rule change has become Electronic Comments effective pursuant to Section 19(b)(3)(A) investors, the national market system, • Use the Commission’s internet Exchange members, and the Exchange of the Act and Rule 19b–4(f)(6)(iii) thereunder.19 comment form (http://www.sec.gov/ market by promoting a fair and orderly rules/sro.shtml); or market and reducing confusion during a A proposed rule change filed under • Rule 19b–4(f)(6) 20 normally does not Send an email to rule-comments@ significant cross-market event. By sec.gov. Please include File Number SR– allowing trading to resume after a Level become operative prior to 30 days after the date of the filing. However, pursuant BX–2020–004 on the subject line. 3 halt in all securities no differently 21 from any normal trading day under the to Rule 19b4(f)(6)(iii), the Commission Paper Comments respective rules of each exchange, the may designate a shorter time if such • Send paper comments in triplicate proposed rule change would provide action is consistent with the protection to Secretary, Securities and Exchange greater certainty to the marketplace by Commission, 100 F Street NE, 16 See, e.g., Securities Exchange Act Release No. ensuring a familiar experience for all 88360 (March 11, 2020), 85 FR 15240 (March 17, Washington, DC 20549–1090. market participants that trade NMS 2020) (SR–NASDAQ–2020–003) (‘‘Nasdaq All submissions should refer to File Stocks. Based on the foregoing, the Proposal’’). Number SR–BX–2020–004. This file Exchange believes the benefits to market 17 15 U.S.C. 78s(b)(3)(A)(iii). number should be included on the participants from the MWCB under Rule 18 17 CFR 240.19b–4(f)(6). subject line if email is used. To help the 19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4121 with the proposed standardized 4(f)(6) requires a self-regulatory organization to give Commission process and review your process for resuming trading in all the Commission written notice of its intent to file securities following a Level 3 halt will the proposed rule change at least five business days 22 See Securities Exchange Act Release No. 88360 promote fair and orderly markets, and prior to the date of filing of the proposed rule (March 11, 2020) (SR–NASDAQ–2020–003). protect investors and the public interest. change, or such shorter time as designated by the 23 For purposes only of waiving the 30-day Commission. The Commission has waived the pre- operative delay, the Commission has considered the filing requirement. proposed rule’s impact on efficiency, competition, 14 15 U.S.C. 78f(b). 20 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). 15 15 U.S.C. 78f(b)(5). 21 17 CFR 240.19b–4(f)(6)(iii). 24 15 U.S.C. 78s(b)(2)(B).

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comments more efficiently, please use below, which Items have been prepared extensions to the pilot period for the only one method. The Commission will by the Exchange. The Commission is LULD Plan.4 The Commission recently post all comments on the Commission’s publishing this notice to solicit approved an amendment to the LULD internet website (http://www.sec.gov/ comments on the proposed rule change Plan for it to operate on a permanent, rules/sro.shtml). from interested persons. rather than pilot, basis.5 In light of the Copies of the submission, all I. Self-Regulatory Organization’s proposal to make the LULD Plan subsequent amendments, all written permanent, the Exchange amended Rule statements with respect to the proposed Statement of the Terms of Substance of the Proposed Rule Change 133 to untie the pilot’s effectiveness rule change that are filed with the from that of the LULD Plan and to Commission, and all written The Exchange proposes to amend extend the pilot’s effectiveness to the communications relating to the Rule 3101(b) concerning the resumption close of business on October 18, 2019.6 proposed rule change between the of trading following a Level 3 market- The Exchange then filed to extend the Commission and any person, other than wide circuit breaker halt. pilot for an additional year to the close those that may be withheld from the The text of the proposed rule change of business on October 18, 2020.7 public in accordance with the is available on the Exchange’s website at The market-wide circuit breaker provisions of 5 U.S.C. 552, will be http://nasdaqphlx.cchwallstreet.com/, under Rule 3101 provides an important, available for website viewing and at the principal office of the Exchange, automatic mechanism that is invoked to printing in the Commission’s Public and at the Commission’s Public promote stability and investor Reference Room, 100 F Street NE, Reference Room. confidence during a period of Washington, DC 20549, on official II. Self-Regulatory Organization’s significant stress when securities business days between the hours of Statement of the Purpose of, and markets experience extreme broad-based 10:00 a.m. and 3:00 p.m. Copies of the Statutory Basis for, the Proposed Rule declines. All U.S. equity exchanges and filing also will be available for Change FINRA adopted uniform rules on a pilot inspection and copying at the principal In its filing with the Commission, the basis relating to market-wide circuit office of the Exchange. All comments breakers in 2012 (‘‘MWCB Rules’’), received will be posted without change. Exchange included statements concerning the purpose of and basis for which are designed to slow the effects Persons submitting comments are of extreme price movement through cautioned that we do not redact or edit the proposed rule change and discussed any comments it received on the coordinated trading halts across personal identifying information from securities markets when severe price comment submissions. You should proposed rule change. The text of these statements may be examined at the declines reach levels that may exhaust submit only information that you wish 8 places specified in Item IV below. The market liquidity. Market-wide circuit to make available publicly. breakers provide for trading halts in all All submissions should refer to File Exchange has prepared summaries, set forth in sections A, B, and C below, of equities and options markets during a Number SR–BX–2020–004 and should severe market decline as measured by a be submitted on or before April 15, the most significant aspects of such statements. single-day decline in the S&P 500 Index. 2020. Pursuant to Rule 3101, a market-wide For the Commission, by the Division of A. Self-Regulatory Organization’s trading halt will be triggered if the S&P Trading and Markets, pursuant to delegated Statement of the Purpose of, and 500 Index declines in price by specified authority.25 Statutory Basis for, the Proposed Rule percentages from the prior day’s closing J. Matthew DeLesDernier, Change price of that index. Currently, the Assistant Secretary. 1. Purpose triggers are set at three circuit breaker [FR Doc. 2020–06192 Filed 3–24–20; 8:45 am] thresholds: 7% (Level 1), 13% (Level 2), The Exchange proposes to amend BILLING CODE 8011–01–P and 20% (Level 3). A market decline Rule 3101(b) concerning the resumption that triggers a Level 1 or Level 2 halt of trading following a Level 3 market- after 9:30 a.m. ET and before 3:25 p.m. SECURITIES AND EXCHANGE wide circuit breaker halt. The Exchange ET would halt market-wide trading for COMMISSION is proposing this rule change in conjunction with other national 4 [Release No. 34–88431; File No. SR–Phlx– See Securities Exchange Act Release Nos. 67090 securities exchanges and the Financial (May 31, 2012), 77 FR 33531 (June 6, 2012) (SR– 2020–11] Industry Regulatory Authority Phlx–2011–129) (Approval Order); and 68816 (February 1, 2013), 78 FR 9760 (February 11, 2013) Self-Regulatory Organizations; Nasdaq (‘‘FINRA’’). Rule 3101 provides a methodology for (SR–Phlx–2013–11) (Notice of Filing and Immediate PHLX LLC; Notice of Filing and Effectiveness of Proposed Rule Change to Delay the determining when to halt trading in all Immediate Effectiveness of Proposed Operative Date of a Rule Change to Exchange Rule stocks due to extraordinary market Rule Change to Rule 3101(b) 133). volatility (i.e., market-wide circuit 5 See Securities Exchange Act Release No. 85623 March 19, 2020. breakers). The market-wide circuit (April 11, 2019), 84 FR 16086 (April 17, 2019). breaker (‘‘MWCB’’) mechanism under 6 See Securities Exchange Act Release No. 85579 Pursuant to Section 19(b)(1) of the (April 9, 2019), 84 FR 15258 (April 15, 2019) (SR– Securities Exchange Act of 1934 Rule 3101 was approved by the Phlx–2019–12). (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Commission to operate on a pilot basis, 7 See Securities Exchange Act Release No. 87206 notice is hereby given that on March 19, the term of which was to coincide with (October 3, 2019), 84 FR 54234 (October 9, 2019) 2020, Nasdaq PHLX LLC (‘‘Phlx’’ or the pilot period for the Plan to Address (SR–Phlx–2019–40). Extraordinary Market Volatility 8 See Securities Exchange Act Release No. 67090 ‘‘Exchange’’) filed with the Securities (May 31, 2012), 77 FR 33531 (June 6, 2012) (SR– and Exchange Commission (‘‘SEC’’ or Pursuant to Rule 608 of Regulation NMS BATS–2011–038; SR–BYX–2011–025; SR–BX– 3 ‘‘Commission’’) the proposed rule (the ‘‘LULD Plan’’), including any 2011–068; SR–CBOE–2011–087; SR–C2–2011–024; change as described in Items I and II, SR–CHX–2011–30; SR–EDGA–2011–31; SR–EDGX– 3 See Securities Exchange Act Release No. 67091 2011–30; SR–FINRA–2011–054; SR–ISE–2011–61; (May 31, 2012), 77 FR 33498 (June 6, 2012). The SR–NASDAQ–2011–131; SR–NSX–2011–11; SR– 25 17 CFR 200.30–3(a)(12). LULD Plan provides a mechanism to address NYSE–2011–48; SR–NYSEAmex–2011–73; SR– 1 15 U.S.C. 78s(b)(1). extraordinary market volatility in individual NYSEArca–2011–68; SR–Phlx–2011–129) (‘‘MWCB 2 17 CFR 240.19b–4. securities. Approval Order’’).

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15 minutes, while a similar market would not need to wait for the primary Exchange recognizes that the impact of decline at or after 3:25 p.m. ET would listing market to re-open trading in a this proposal is to permit all securities not halt market-wide trading. A market security before it could start trading to be traded in the Pre-Market Session, decline that triggers a Level 3 halt, at such security.12 Accordingly, under the which does not have certain price any time during the trading day, would proposal, the Exchange could begin protections for volatility such as LULD halt market-wide trading until the trading all securities at the beginning of Bands or MWCB protections, the primary listing market opens the next the Exchange’s Pre-Market Session. Exchange nonetheless believes that this trading day. To effect this change, the Exchange outcome is outweighed by the benefits Today, in the event that a Level 3 proposes to delete the language in Rule provided by opening in the Pre-Market market decline occurs, the Exchange 3101(b)(ii) requiring the Exchange to Session in a manner that is more would halt trading for the remainder of wait until the primary listing exchange familiar to the marketplace. Moreover, the trading day, and would not resume opens the next trading day following a allowing the resumption of trading to until the primary listing market opens Level 3 market decline, and specify that occur on the Exchange at the beginning the next trading day, which time may the Exchange will halt trading for the of the Pre-Market Session in all NMS currently vary depending on the remainder of the trading day.13 The Stocks will allow for price formation to primary listing market. For example, if proposed rule change would therefore occur earlier in the trading day, which the primary listing market is the New allow each exchange to resume trading in turn allows market participants to York Stock Exchange (‘‘NYSE’’), NYSE in all securities the next trading day react to news that has developed. As would resume trading in its listed following a Level 3 halt at whatever such, trading at the beginning of regular securities at 9:30 a.m. Eastern Time time such exchange normally begins hours may be more orderly. (‘‘ET’’), and the Exchange would not be trading under its rules, which for the 2. Statutory Basis able to resume trading during its Pre- Exchange would be at the beginning of Market Session.9 Alternatively, if the the Pre-Market Session at 8:00 a.m. ET The Exchange believes that its primary listing market is the Nasdaq under its current rules. The Exchange proposal is consistent with Section 6(b) Stock Market LLC (‘‘Nasdaq’’), Nasdaq also expects that the primary listing of the Act,14 in general, and furthers the would resume trading in its listed exchanges will facilitate this change by objectives of Section 6(b)(5) of the Act,15 securities at 4:00 a.m. ET on the next sending resume messages to the in particular, in that it is designed to trading day, and therefore, the Exchange applicable securities information promote just and equitable principles of could resume trading at the processor (‘‘SIP’’) to lift the Level 3 trade, to remove impediments to and commencement of its Pre-Market trading halt message in all securities. perfect the mechanism of a free and Session.10 The resumption messages will be open market and a national market Upon feedback from industry disseminated after the SIP has started on system, and, in general to protect participants, the Exchange has been the next trading day and before the start investors and the public interest. The working with other national securities of the earliest pre-market trading session market-wide circuit breaker mechanism exchanges and FINRA to establish a of all exchanges. If a security is under Rule 3101 is an important, standardized approach for resuming separately subject to a regulatory halt automatic mechanism that is invoked to trading in all NMS Stocks following a that has not ended, the primary listing promote stability and investor Level 3 halt. The proposed approach exchange would replace the Level 3 halt confidence during a period of would allow for the opening of all message with the applicable regulatory significant stress when securities securities the next trading day after a halt message. markets experience extreme broad-based Level 3 halt as a regular trading day, and Having a consistent approach for all declines. The Exchange believes that the is designed to ensure that Level 3 securities will make the opening process proposed rule change promotes just and MWCB events are handled in a more the day after a Level 3 halt more equitable principles of trade in that it consistent manner that is transparent for uniform and reduce complexity, which promotes transparency and uniformity 11 market participants. the Exchange believes is important after across markets concerning when and As proposed, a Level 3 halt would a significant market event. Based on how to halt trading in all stocks as a end at the end of the trading day on industry feedback, the Exchange result of extraordinary market volatility, which it is declared. This proposed believes that opening in the normal and how the markets will resume change would allow for next-day trading course in all equity securities will be trading following a Level 3 market to resume in all NMS Stocks no beneficial to the marketplace. By decline. As described above, the differently from any other trading day. allowing trading to resume after a Level Exchange, together with other national In other words, an exchange could 3 halt in all securities no differently securities exchanges and FINRA, is resume trading in any security when it from any normal trading day under the seeking to adopt a standardized first begins trading under its rules and respective rules of each exchange, the approach related to resuming trading in proposed rule change would provide NMS Stocks after a Level 3 MWCB halt. 9 Pre-Market Session means the trading session greater certainty to the marketplace by In this regard, the Exchange believes that begins at 8:00 a.m. and continues until 9:30 that the proposal to resume trading in a.m. See Rule 3100(b)(2). ensuring a familiar experience for all 10 The Exchange’s system is opened for order market participants that trade NMS all securities following a Level 3 halt in entry and processing at 8:00 a.m. See Rule 3302 for Stocks and balances out potential the same manner that securities would further description of trading in the Pre-Market concerns around volatility. While the open trading on a regular trading day Session. (i.e., the beginning of the Pre-Market 11 Of note, the U.S. futures markets, which have Session at 8 a.m. ET on the Exchange) similar rules for coordinated MWCB halts, normally 12 The Exchange anticipates that the other begin their ‘‘next day’’ trading session at 6:00 p.m. national securities exchanges and FINRA will also will benefit investors, the national ET (for CFE and CME) or at 8:00 p.m. ET (for ICE). file similar proposals to amend their MWCB rules market system, Exchange members, and If the U.S. futures markets amend their MWCB on the resumption of trading following Level 3 the Exchange market by promoting a fair rules, as needed, to allow for normal course trading halts, and amend their rules, where required, to and orderly market and reducing following a Level 3 halt, the futures markets would have their Level 3 next-day openings happen resume trading in their normal course at 6:00 p.m. normally. ET (CFE and CME) or 8:00 p.m. ET (ICE) the same 13 Presently, the Exchange’s equities trading day 14 15 U.S.C. 78f(b). day as the Level 3 halt. ends at 5:00 p.m. ET. See Rule 3301(g). 15 15 U.S.C. 78f(b)(5).

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confusion during a significant cross- proposed rule change has become Electronic Comments market event. By allowing trading to effective pursuant to Section 19(b)(3)(A) resume after a Level 3 halt in all of the Act and Rule 19b–4(f)(6)(iii) • Use the Commission’s internet securities no differently from any thereunder.19 comment form (http://www.sec.gov/ normal trading day under the respective A proposed rule change filed under rules/sro.shtml); or rules of each exchange, the proposed Rule 19b–4(f)(6) 20 normally does not • Send an email to rule-comments@ rule change would provide greater become operative prior to 30 days after sec.gov. Please include File Number SR– certainty to the marketplace by ensuring the date of the filing. However, pursuant Phlx–2020–11 on the subject line. a familiar experience for all market to Rule 19b–4(f)(6)(iii),21 the participants that trade NMS Stocks. Commission may designate a shorter Paper Comments Based on the foregoing, the Exchange time if such action is consistent with the • believes the benefits to market protection of investors and the public Send paper comments in triplicate participants from the MWCB under Rule interest. The Exchange has asked the to Secretary, Securities and Exchange 3101 with the proposed standardized Commission to waive the 30-day Commission, 100 F Street NE, process for resuming trading in all operative delay so that the proposal may Washington, DC 20549–1090. securities following a Level 3 halt will become operative immediately upon All submissions should refer to File promote fair and orderly markets, and filing. The Commission notes that it protect investors and the public interest. Number SR–Phlx–2020–11. This file approved a substantively similarly number should be included on the proposed rule change submitted by The B. Self-Regulatory Organization’s subject line if email is used. To help the Nasdaq Stock Market LLC.22 Waiver of Statement on Burden on Competition Commission process and review your the operative delay will ensure comments more efficiently, please use The Exchange does not believe that consistency across the market centers the proposed rule change will impose and the timely implementation of the only one method. The Commission will any burden on competition not proposed rule change. Accordingly, the post all comments on the Commission’s necessary or appropriate in furtherance Commission waives the 30-day internet website (http://www.sec.gov/ of the purposes of the Act because the operative delay and designates the rules/sro.shtml). Copies of the proposed Level 3 rule change described proposed rule change operative upon submission, all subsequent above would standardize the opening filing.23 amendments, all written statements process for all securities on the At any time within 60 days of the with respect to the proposed rule Exchange, which would make the filing of such proposed rule change, the change that are filed with the opening process the day after a Level 3 Commission summarily may Commission, and all written halt more uniform and reduce temporarily suspend such rule change if communications relating to the complexity. Further, the Exchange it appears to the Commission that such proposed rule change between the understands that FINRA and other action is necessary or appropriate in the Commission and any person, other than national securities exchanges will file public interest, for the protection of those that may be withheld from the similar proposals to adopt the proposed investors, or otherwise in furtherance of public in accordance with the Level 3 rule change.16 the purposes of the Act. If the provisions of 5 U.S.C. 552, will be C. Self-Regulatory Organization’s Commission takes such action, the available for website viewing and Statement on Comments on the Commission shall institute proceedings printing in the Commission’s Public Proposed Rule Change Received From under Section 19(b)(2)(B) 24 of the Act to Reference Room, 100 F Street NE, Members, Participants, or Others determine whether the proposed rule Washington, DC 20549, on official No written comments were either change should be approved or business days between the hours of 10 solicited or received. disapproved. a.m. and 3 p.m. Copies of such filing also will be available for inspection and III. Date of Effectiveness of the IV. Solicitation of Comments copying at the principal office of the Proposed Rule Change and Timing for Interested persons are invited to Exchange. All comments received will Commission Action submit written data, views, and be posted without change. Persons arguments concerning the foregoing, The Exchange has filed the proposed submitting comments are cautioned that including whether the proposed rule rule change pursuant to Section we do not redact or edit personal 17 change is consistent with the Act. 19(b)(3)(A)(iii) of the Act and Rule identifying information from comment 18 Comments may be submitted by any of 19b–4(f)(6) thereunder. Because the submissions. You should submit only proposed rule change does not: (i) the following methods: information that you wish to make Significantly affect the protection of 19 available publicly. All submissions investors or the public interest; (ii) 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give should refer to File Number SR–Phlx– impose any significant burden on the Commission written notice of its intent to file 2020–11 and should be submitted on or competition; and (iii) become operative the proposed rule change at least five business days prior to 30 days from the date on which prior to the date of filing of the proposed rule before April 15, 2020. it was filed, or such shorter time as the change, or such shorter time as designated by the For the Commission, by the Division of Commission. The Commission has waived the pre- Trading and Markets, pursuant to delegated Commission may designate, if filing requirement. 25 consistent with the protection of 20 17 CFR 240.19b–4(f)(6). authority. investors and the public interest, the 21 17 CFR 240.19b–4(f)(6)(iii). J. Matthew DeLesDernier, 22 See Securities Exchange Act Release No. 88360 Assistant Secretary. 16 See, e.g., Securities Exchange Act Release No. (March 11, 2020) (SR–NASDAQ–2020–03). [FR Doc. 2020–06197 Filed 3–24–20; 8:45 am] 88360 (March 11, 2020), 85 FR 15240 (March 17, 23 For purposes only of waiving the 30-day 2020) (SR–NASDAQ–2020–003) (‘‘Nasdaq operative delay, the Commission has considered the BILLING CODE 8011–01–P Proposal’’). proposed rule’s impact on efficiency, competition, 25 17 CFR 200.30–3(a)(12). 17 15 U.S.C. 78s(b)(3)(A)(iii). and capital formation. See 15 U.S.C. 78c(f). 18 17 CFR 240.19b–4(f)(6). 24 15 U.S.C. 78s(b)(2)(B).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s investor confidence during a period of COMMISSION Statement of the Purpose of, and significant stress when securities Statutory Basis for, the Proposed Rule markets experience extreme broad-based [Release No. 34–88425; File No. SR–FINRA– Change declines. FINRA and the U.S. equity 2020–009] exchanges adopted uniform rules on a 1. Purpose pilot basis relating to market-wide Self-Regulatory Organizations; FINRA proposes to amend Rule circuit breakers in 2012 (‘‘MWCB Financial Industry Regulatory 6121.02 concerning the resumption of Rules’’), which are designed to slow the Authority, Inc.; Notice of Filing and trading following a Level 3 market-wide effects of extreme price movement Immediate Effectiveness of a Proposed circuit breaker halt. FINRA is proposing through coordinated trading halts across Rule Change To Amend FINRA Rule this rule change in conjunction with securities markets when severe price 6121.02 (Market-Wide Circuit Breakers other self-regulatory organizations declines reach levels that may exhaust in NMS Stocks) (‘‘SROs’’). market liquidity.9 Market-wide circuit Rule 6121.02 addresses the breakers provide for trading halts in all March 19, 2020. circumstances under which FINRA shall equities and options markets during a Pursuant to Section 19(b)(1) of the halt, and subsequently resume, over-the- severe market decline as measured by a Securities Exchange Act of 1934 single-day decline in the S&P 500 Index. 1 2 counter trading in all NMS stocks due (‘‘Act’’) and Rule 19b–4 thereunder, to extraordinary market volatility (i.e., Pursuant to Rule 6121.02, a market- notice is hereby given that on March 18, market-wide circuit breakers). The wide trading halt will be triggered if the 2020, Financial Industry Regulatory market-wide circuit breaker (‘‘MWCB’’) S&P 500 Index declines in price by Authority, Inc. (‘‘FINRA’’) filed with the mechanism under Rule 6121.02 was specified percentages from the prior Securities and Exchange Commission approved by the Commission to operate day’s closing price of that index. (‘‘SEC’’ or ‘‘Commission’’) the proposed on a pilot basis, the term of which was Currently, the triggers are set at three rule change as described in Items I and to coincide with the pilot period for the circuit breaker thresholds: 7% (Level 1), II below, which Items have been Plan to Address Extraordinary Market 13% (Level 2), and 20% (Level 3). A prepared by FINRA. FINRA has Volatility Pursuant to Rule 608 of market decline that triggers a Level 1 or designated the proposed rule change as Regulation NMS (the ‘‘LULD Plan’’),4 Level 2 halt after 9:30 a.m. ET and constituting a ‘‘non-controversial’’ rule including any extensions to the pilot before 3:25 p.m. ET would halt market- change under paragraph (f)(6) of Rule 5 wide trading for 15 minutes, while a 3 period for the LULD Plan. Last year, 19b–4 under the Act, which renders the Commission approved an similar market decline at or after 3:25 the proposal effective upon receipt of amendment to the LULD Plan for it to p.m. ET would not halt market-wide this filing by the Commission. The operate on a permanent, rather than trading. A market decline that triggers a Commission is publishing this notice to pilot, basis.6 In light of the proposal to Level 3 halt, at any time during the solicit comments on the proposed rule make the LULD Plan permanent, FINRA trading day, would halt market-wide change from interested persons. amended Rule 6121.02 to untie the trading until the primary listing market I. Self-Regulatory Organization’s pilot’s effectiveness from that of the opens the next trading day. Statement of the Terms of Substance of LULD Plan and to extend the pilot’s Today, in the event that a Level 3 the Proposed Rule Change effectiveness to the close of business on market decline occurs, trading in October 18, 2019.7 FINRA then filed a exchange-listed stocks would be halted FINRA is proposing to amend FINRA proposed rule change to extend the pilot until the primary listing market opens Rule 6121.02 (Market-wide Circuit for an additional year to the close of the next trading day. Upon feedback Breakers in NMS Stocks) concerning the business on October 18, 2020.8 from industry participants, FINRA has resumption of trading following a Level The market-wide circuit breaker been working with other SROs to 3 market-wide circuit breaker halt. under Rule 6121.02 provides an establish a standardized approach for The text of the proposed rule change important, automatic mechanism that is resuming trading in all NMS stocks is available on FINRA’s website at invoked to promote stability and following a Level 3 halt. The proposed http://www.finra.org, at the principal approach would allow for the opening office of FINRA and at the 4 See Securities Exchange Act Release No. 67091 of all NMS stocks the next trading day Commission’s Public Reference Room. (May 31, 2012), 77 FR 33498 (June 6, 2012) (the after a Level 3 halt as a regular trading ‘‘Limit Up-Limit Down Release’’). The LULD Plan day, and is designed to ensure that II. Self-Regulatory Organization’s provides a mechanism to address extraordinary Statement of the Purpose of, and market volatility in individual securities. Level 3 MWCB events are handled in a Statutory Basis for, the Proposed Rule 5 See Securities Exchange Act Release Nos. 67090 more consistent manner that is 10 Change (May 31, 2012), 77 FR 33531 (June 6, 2012) (Order transparent for market participants. Approving File No. SR–FINRA–2011–054); and In its filing with the Commission, 68778 (January 31, 2013), 78 FR 8668 (February 6, 9 See Securities Exchange Act Release No. 67090 FINRA included statements concerning 2013) (Notice of Filing and Immediate Effectiveness (May 31, 2012), 77 FR 33531 (June 6, 2012) (SR– the purpose of and basis for the of File No. SR–FINRA–2013–011) (Proposed Rule BATS–2011–038; SR–BYX–2011–025; SR–BX– Change to Delay the Operative Date of FINRA Rule 2011–068; SR–CBOE–2011–087; SR–C2–2011–024; proposed rule change and discussed any 6121.02). SR–CHX–2011–30; SR–EDGA–2011–31; SR–EDGX– comments it received on the proposed 6 See Securities Exchange Act Release No. 85623 2011–30; SR–FINRA–2011–054; SR–ISE–2011–61; rule change. The text of these statements (April 11, 2019), 84 FR 16086 (April 17, 2019) SR–NASDAQ–2011–131; SR–NSX–2011–11; SR– may be examined at the places specified (Order Approving the Eighteenth Amendment to NYSE–2011–48; SR–NYSEAmex–2011–73; SR– the National Market System Plan To Address NYSEArca–2011–68; SR–Phlx–2011–129) (Notice of in Item IV below. FINRA has prepared Extraordinary Market Volatility). Filing of Amendments No. 1 and Order Granting summaries, set forth in sections A, B, 7 See Securities Exchange Act Release No. 85547 Accelerated Approval of Proposed Rule Changes as and C below, of the most significant (April 8, 2019), 84 FR 14981 (April 12, 2019) Modified by Amendments No. 1, Relating to aspects of such statements. (Notice of Filing and Immediate Effectiveness of Trading Halts Due to Extraordinary Market File No. SR–FINRA–2019–010). Volatility). 8 See Securities Exchange Act Release No. 87078 10 Of note, the U.S. futures markets, which have 1 15 U.S.C. 78s(b)(1). (September 24, 2019), 84 FR 51669 (September 30, similar rules for coordinated MWCB halts, normally 2 17 CFR 240.19b–4. 2019) (Notice of Filing and Immediate Effectiveness begin their ‘‘next day’’ trading session at 6:00 p.m. 3 17 CFR 240.19b–4(f)(6). of File No. SR–FINRA– 2019–023). Continued

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As proposed, a Level 3 halt would disseminated after the SIP has started on breaker mechanism under Rule 6121.02 end at the end of the trading day on the next trading day and before the start is an important, automatic mechanism which it is declared. This proposed of the earliest pre-market trading session that is invoked to promote stability and change would allow over-the-counter of all exchanges. If a security is investor confidence during a period of trading in all NMS stocks to resume the separately subject to a regulatory halt significant stress when securities next day no differently from any other that has not ended, FINRA expects that markets experience extreme broad-based trading day. In other words, a member the primary listing exchanges would declines. FINRA believes that the could resume trading otherwise than on replace the Level 3 halt message with proposed rule change promotes just and an exchange in any NMS stock on the the applicable regulatory halt message. equitable principles of trade in that it day following the Level 3 market wide Having a consistent approach for all promotes transparency and uniformity circuit breaker, and would not need to NMS stocks will make the opening across markets concerning when and wait for the primary listing market to re- process the day after a Level 3 halt more how to halt trading in all stocks as a open trading in a security before it uniform and reduce complexity, which result of extraordinary market volatility, could start trading such security, so long FINRA believes is important after a and how the markets will resume as the halt has been lifted by the significant market event. Based on trading following a Level 3 market applicable securities information industry feedback, FINRA believes that decline. processor (‘‘SIP’’).11 opening in the normal course for all As described above, FINRA together To effect this change, FINRA is NMS stocks will be more beneficial to with other SROs, is seeking to adopt a amending Rule 6121.02 to delete the the marketplace. By allowing trading to standardized approach related to language requiring that members wait resume after a Level 3 halt in all NMS resuming trading in NMS stocks after a until the primary listing exchange opens stocks no differently from any normal Level 3 MWCB halt. In this regard, the next trading day following a Level trading day under the respective rules of FINRA believes that the proposal to 3 market decline, and specify that each SRO, the proposed rule change resume trading in all NMS stocks FINRA will halt trading otherwise than would provide greater certainty to the following a Level 3 halt in the same on an exchange in all NMS stocks for marketplace by ensuring a familiar manner that these securities would open the remainder of the trading day. The experience for all market participants trading on a regular trading day will proposed rule change would therefore that trade NMS stocks and balances out benefit investors, the national market allow each SRO to resume trading in all potential concerns around volatility. system, and FINRA members by NMS stocks the next trading day While FINRA recognizes that the impact promoting a fair and orderly market and following a Level 3 halt as they of this proposal is to permit all NMS reducing confusion during a significant normally would. Members should stocks to be traded during time periods cross-market event. By allowing trading ensure that they have policies and that do not have certain price to resume after a Level 3 halt in all NMS procedures in place that address their protections for volatility such as LULD stocks no differently from any normal resumption of over-the-counter trading Bands or MWCB protections, FINRA trading day under the respective rules of in NMS stocks following a Level 3 nonetheless believes that this outcome each exchange, the proposed rule MWCB. is outweighed by the benefits provided change would provide greater certainty FINRA expects that the primary by opening in a manner that is more to the marketplace by ensuring a listing exchanges will facilitate this familiar to the marketplace. Moreover, familiar experience for all market change by sending resume messages to allowing the resumption of trading to the applicable SIP to lift the Level 3 occur as it would on any other trading participants that trade NMS stocks. trading halt message in all NMS stocks. day will allow for price formation to Based on the foregoing, FINRA The resumption messages will be occur earlier in the trading day, which believes that the benefits to market in turn allows market participants to participants under the proposed ET (for CFE and CME) or at 8:00 p.m. ET (for ICE). react to news that has developed. As revisions to Rule 6121.02 with the If the U.S. futures markets amend their MWCB such, trading at the beginning of regular proposed standardized process for rules, as needed, to allow for normal course trading resuming trading in all NMS stocks following a Level 3 halt, the futures markets would hours may be more orderly. resume trading in their normal course at 6:00 p.m. FINRA has filed the proposed rule following a Level 3 halt will promote ET (CFE and CME) or 8:00 p.m. ET (ICE) the same change for immediate effectiveness and fair and orderly markets, and protect day as the Level 3 halt. has requested that the SEC waive the investors and the public interest. Furthermore, there may be cross-market differences in how each exchange currently opens requirement that the proposed rule B. Self-Regulatory Organization’s the next day after a Level 3 MWCB halt. For change not become operative for 30 days Statement on Burden on Competition example, while some exchanges currently resume after the date of the filing. trading in listed securities no differently from a FINRA does not believe that the regular trading day, other exchanges may, for 2. Statutory Basis proposed rule change will result in any instance, conduct a halt auction process instead of opening in the normal course under their respective FINRA believes that the proposed rule burden on competition that is not rules. As discussed later in this filing, the proposed change is consistent with the provisions necessary or appropriate in furtherance changes will allow each SRO to resume trading in of Section 15A(b)(6) of the Act,12 which of the purposes of the Act because the all NMS stocks the next trading day following a requires, among other things, that proposed Level 3 rule change described Level 3 halt no differently from a regular trading day. FINRA rules must be designed to above would standardize the opening 11 The SEC has approved a proposed rule change prevent fraudulent and manipulative process for all NMS stocks, which by NASDAQ to permit NASDAQ to resume trading acts and practices, to promote just and would make the opening process the the day following a Level 3 market decline as it equitable principles of trade, to remove day after a Level 3 halt more uniform would on any other trading day. See Securities Exchange Act Release No. 88360 (March 11, 2020) impediments to and perfect the and reduce complexity. Further, The (Order Approving File No. SR–NASDAQ– 2020– mechanism of a free and open market Nasdaq Stock Market LLC (‘‘Nasdaq’’) 003) (‘‘Nasdaq Approval Order’’). FINRA anticipates and a national market system, and, in already amended its rules to adopt that the other SROs also will file similar proposals general, to protect investors and the amendments concerning the resumption to amend their MWCB rules on the resumption of trading following Level 3 halts, and amend their public interest. The market-wide circuit of trading following a Level 3 MWCB to rules, where required, to have their Level 3 next- allow for the opening of all securities day openings happen normally. 12 15 U.S.C. 78o–3(b)(6). the next trading day after a Level 3 halt

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as a regular trading day.13 FINRA This adds to complexity the day after a become operative prior to 30 days after understands that the other SROs will Level 3 MWCB halt. the date of the filing. However, pursuant file similar proposals to adopt the to Rule 19b4(f)(6)(iii),19 the Commission Economic Impact proposed changes related to may designate a shorter time if such resumptions following a Level 3 MWCB. Having a consistent approach for all action is consistent with the protection NMS stocks will make the opening of investors and the public interest. The Economic Impact Assessment process the day after a Level 3 halt more Exchange has asked the Commission to FINRA has undertaken an economic uniform and reduce complexity. FINRA waive the 30-day operative delay so that impact assessment, as set forth below, to recognizes that the proposed rule the proposal may become operative analyze the potential economic impacts, change would permit all NMS stocks to immediately upon filing. The including anticipated costs, benefits, be traded during time periods when Commission notes that it approved a and distributional and competitive certain price protections for volatility substantively similarly proposed rule effects, relative to the current baseline, such as LULD Bands or MWCB change submitted by The Nasdaq Stock and the alternatives FINRA considered protections are not in force. The absence Market LLC.20 Waiver of the operative in assessing how to best meet its of these protections may be mitigated delay will ensure consistency across the regulatory objectives.14 because the resumption of trading market centers and the timely would occur as it would on any other implementation of the proposed rule Regulatory Objective trading day, which permits price change. Accordingly, the Commission FINRA proposes to amend Rule formation to occur earlier in the trading waives the 30-day operative delay and 6121.02 concerning the resumption of day, and should allow market designates the proposed rule change trading following a Level 3 market-wide participants to more quickly react to operative upon filing.21 circuit breaker halt. The proposed rule news events. As a result, trading at the At any time within 60 days of the change would allow each SRO to beginning of regular hours may be less filing of such proposed rule change, the resume trading in all NMS stocks the volatile. Commission summarily may next trading day following a Level 3 halt Alternatives temporarily suspend such rule change if as they normally would, without it appears to the Commission that such No further alternatives are under requiring the primary listing market to action is necessary or appropriate in the consideration. first re-open trading in a security. public interest, for the protection of C. Self-Regulatory Organization’s investors, or otherwise in furtherance of Economic Baseline Statement on Comments on the the purposes of the Act. If the The market-wide circuit breaker Proposed Rule Change Received from Commission takes such action, the under Rule 6121.02 provides an Members, Participants, or Others Commission shall institute proceedings 22 automatic mechanism that is invoked to Written comments were neither under Section 19(b)(2)(B) of the Act to promote stability and investor solicited nor received. determine whether the proposed rule confidence during a period of stress change should be approved or when securities markets experience III. Date of Effectiveness of the disapproved. extreme broad-based declines. Market- Proposed Rule Change and Timing for IV. Solicitation of Comments wide circuit breakers provide for trading Commission Action halts in all equities and options markets The Exchange has filed the proposed Interested persons are invited to during a severe market decline as rule change pursuant to Section submit written data, views and measured by a single-day decline in the 19(b)(3)(A)(iii) of the Act 15 and Rule arguments concerning the foregoing, S&P 500 Index. 19b–4(f)(6) thereunder.16 Because the including whether the proposed rule Pursuant to Rule 6121.02, a market- proposed rule change does not: (i) change is consistent with the Act. wide trading halt will be triggered if the Significantly affect the protection of Comments may be submitted by any of S&P 500 Index declines in price by investors or the public interest; (ii) the following methods: specified percentages from the prior impose any significant burden on Electronic Comments day’s closing price of that index. A competition; and (iii) become operative • Use the Commission’s internet market decline that triggers a Level 3 prior to 30 days from the date on which comment form (http://www.sec.gov/ halt, defined as a 20% decline in price it was filed, or such shorter time as the from the prior day’s closing price of the rules/sro.shtml); or Commission may designate, if • Send an email to rule-comments@ S&P 500 Index, currently would halt consistent with the protection of sec.gov. Please include File Number SR– market-wide trading until the primary investors and the public interest, the FINRA–2020–009 on the subject line. listing market opens the next trading proposed rule change has become day. effective pursuant to Section 19(b)(3)(A) Paper Comments Over-the-counter trading in an NMS of the Act and Rule 19b–4(f)(6)(iii) • Send paper comments in triplicate stock currently may start the next thereunder.17 to Secretary, Securities and Exchange trading day when its primary listing A proposed rule change filed under Commission, 100 F Street NE, market opens the security. Rule 19b–4(f)(6) 18 normally does not Washington, DC 20549–1090. Consequently, the opening process for All submissions should refer to File 15 NMS stocks after a Level 3 halt is 15 U.S.C. 78s(b)(3)(A)(iii). Number SR–FINRA–2020–009. This file different from any other trading day that 16 17 CFR 240.19b–4(f)(6). 17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– was not preceded by a Level 3 MWCB. 19 4(f)(6) requires a self-regulatory organization to give 17 CFR 240.19b–4(f)(6)(iii). the Commission written notice of its intent to file 20 See Securities Exchange Act Release No. 88360 13 See Nasdaq Approval Order. the proposed rule change at least five business days (March 11, 2020) (SR–NASDAQ–2020–03). 14 FINRA believes an abbreviated economic prior to the date of filing of the proposed rule 21 For purposes only of waiving the 30-day impact assessment is appropriate to facilitate the change, or such shorter time as designated by the operative delay, the Commission has considered the expedient adoption of consistent rules regarding the Commission. The Commission has waived the pre- proposed rule’s impact on efficiency, competition, resumption of trading in all NMS stocks following filing requirement. and capital formation. See 15 U.S.C. 78c(f). a Level 3 market-wide circuit breaker. 18 17 CFR 240.19b–4(f)(6). 22 15 U.S.C. 78s(b)(2)(B).

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number should be included on the notice is hereby given that on March 12, which establishes a standard of conduct subject line if email is used. To help the 2020, Financial Industry Regulatory for broker-dealers and natural persons Commission process and review your Authority, Inc. (‘‘FINRA’’) filed with the who are associated persons of a broker- comments more efficiently, please use Securities and Exchange Commission dealer (unless otherwise indicated, only one method. The Commission will (‘‘SEC’’ or ‘‘Commission’’) the proposed together referred to as ‘‘broker-dealer’’) post all comments on the Commission’s rule change as described in Items I, II, when they make a recommendation to a internet website (http://www.sec.gov/ and III below, which Items have been retail customer of any securities rules/sro.shtml). Copies of the prepared by FINRA. The Commission is transaction or investment strategy submission, all subsequent publishing this notice to solicit involving securities.4 The SEC stated amendments, all written statements comments on the proposed rule change that Reg BI will improve investor with respect to the proposed rule from interested persons. protection by enhancing the obligations change that are filed with the that apply when a broker-dealer makes Commission, and all written I. Self-Regulatory Organization’s a recommendation to a retail customer, communications relating to the Statement of the Terms of Substance of and reducing the potential harm to retail proposed rule change between the the Proposed Rule Change customers from conflicts of interest that Commission and any person, other than FINRA is proposing amendments to may affect the recommendation.5 The those that may be withheld from the FINRA Rules 2111 (Suitability), 2310 date by which broker-dealers must public in accordance with the (Direct Participation Programs), 2320 comply with Reg BI is June 30, 2020.6 provisions of 5 U.S.C. 552, will be (Variable Contracts of an Insurance FINRA proposes to amend the available for website viewing and Company), 2341 (Investment Company suitability and non-cash compensation printing in the Commission’s Public Securities), and 5110 (Corporate rules to provide clarity on which Reference Room, 100 F Street NE, Financing Rule—Underwriting Terms standard applies and to address Washington, DC 20549, on official and Arrangements), and Capital inconsistencies with Reg BI. The business days between the hours of 10 Acquisition Broker (CAB) Rule 211 changes would amend the FINRA a.m. and 3 p.m. Copies of such filing (Suitability). The proposed rule change suitability rule (Rule 2111) to state that also will be available for inspection and would: (1) Amend the FINRA and CAB it will not apply to recommendations copying at the principal office of suitability rules to state that the rules do subject to Reg BI, and to remove the FINRA. All comments received will be not apply to recommendations subject element of control from the quantitative posted without change. Persons to Regulation Best Interest (‘‘Reg BI’’),3 suitability obligation. In addition, the submitting comments are cautioned that and to remove the element of control proposed rule change would conform we do not redact or edit personal from the quantitative suitability the CAB suitability rule, CAB Rule 211, identifying information from comment obligation; and (2) conform the rules to the proposed amendments to Rule submissions. You should submit only governing non-cash compensation to 2111, and would conform FINRA’s rules information that you wish to make Reg BI’s limitations on sales contests, governing non-cash compensation to available publicly. All submissions sales quotas, bonuses and non-cash Reg BI’s limitations on sales contests, should refer to File Number SR–FINRA– compensation. sales quotas, bonuses, and non-cash 2020–009 and should be submitted on The text of the proposed rule change compensation. or before April 15, 2020. is available on FINRA’s website at As noted below, Reg BI addresses the same conduct that is addressed by Rule For the Commission, by the Division of http://www.finra.org, at the principal Trading and Markets, pursuant to delegated office of FINRA and at the 2111, but employs a best interest, rather authority.23 Commission’s Public Reference Room. than a suitability, standard. Absent action by FINRA, a broker-dealer would J. Matthew DeLesDernier, II. Self-Regulatory Organization’s Assistant Secretary. be required to comply with both Reg BI Statement of the Purpose of, and and Rule 2111 regarding [FR Doc. 2020–06189 Filed 3–24–20; 8:45 am] Statutory Basis for, the Proposed Rule recommendations to retail customers. In BILLING CODE 8011–01–P Change such circumstances, FINRA believes In its filing with the Commission, that compliance with Reg BI would SECURITIES AND EXCHANGE FINRA included statements concerning result in compliance with Rule 2111 COMMISSION the purpose of and basis for the because a broker-dealer that meets the proposed rule change and discussed any best interest standard would necessarily [Release No. 34–88422; File No. SR–FINRA– comments it received on the proposed meet the suitability standard. 2020–007] rule change. The text of these statements Accordingly, in order to reduce the potential for confusion, FINRA is Self-Regulatory Organizations; may be examined at the places specified proposing limiting the application of Financial Industry Regulatory in Item IV below. FINRA has prepared Rule 2111 to circumstances in which Authority, Inc.; Notice of Filing of a summaries, set forth in sections A, B, Reg BI does not apply. To do so, FINRA Proposed Rule Change to FINRA’s and C below, of the most significant would add new paragraph .08 to the Suitability, Non-Cash Compensation aspects of such statements. FINRA Rule 2111 Supplementary and Capital Acquisition Broker (CAB) A. Self-Regulatory Organization’s Material and new paragraph .03 to the Rules in Response to Regulation Best Statement of the Purpose of, and CAB Rule 211 Supplementary Material Interest Statutory Basis for, the Proposed Rule that states that those rules shall not March 19, 2020. Change apply to recommendations subject to Pursuant to Section 19(b)(1) of the 1. Purpose Reg BI. Securities Exchange Act of 1934 Background 4 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 See Securities Exchange Act Release No. 86031 On June 5, 2019, the SEC adopted Reg (June 5, 2019), 84 FR 33318 (July 12, 2019) (Final Rule; Regulation Best Interest: The Broker-Dealer 23 17 CFR 200.30–3(a)(12). BI, a new rule under the Exchange Act, Standard of Conduct) (the ‘‘Release’’). 1 15 U.S.C. 78s(b)(1). 5 See Release, 84 FR at 33318–33319. 2 17 CFR 240.19b–4. 3 17 CFR 240.15l–1. 6 See Release, 84 FR at 33400.

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Suitability that the institutional customer is pension funds), and natural persons FINRA Rule 2111 requires that a capable of evaluating investment risks who will not use recommendations broker-dealer ‘‘have a reasonable basis independently, both in general and with primarily for personal, family, or to believe that a recommended regard to particular transactions and household purposes (e.g., small transaction or investment strategy investment strategies involving a business owners and charitable trusts). involving a security or securities is security or securities. Third, the In addition, the proposal would suitable for the customer, based on the institutional customer must modify the quantitative suitability information obtained through the affirmatively indicate that it is obligation under FINRA Rule 2111.05(c) reasonable diligence of the member or exercising independent judgment in to remove the element of control that associated person to ascertain the evaluating the member’s or associated currently must be proved to customer’s investment profile.’’ The rule person’s recommendations. Where an demonstrate a violation.14 This change further explains that a ‘‘customer’s institutional customer has delegated is consistent with Reg BI, which investment profile includes, but is not decision making authority to an agent, eliminates the control element from its limited to, the customer’s age, other such as an investment adviser or a bank Care obligation. investments, financial situation and trust department, these factors are Finally, the proposed rule change needs, tax status, investment objectives, applied to the agent.10 would amend CAB Rule 211 to state that investment experience, investment time Reg BI’s ‘‘best interest’’ standard it will not apply to recommendations horizon, liquidity needs, risk tolerance, requires firms to satisfy four component subject to Reg BI.15 obligations: Disclosure, Care, Conflict of and any other information the customer Non-Cash Compensation may disclose to the member or Interest and Compliance. Reg BI’s Care associated person in connection with Obligation incorporates and enhances FINRA Rules 2310 (Direct such recommendation.’’ 7 principles that are also found in Rule Participation Programs), 2320 (Variable Rule 2111 imposes three main 2111. Two key enhancements are that Contracts of an Insurance Company), suitability obligations: Reasonable basis Reg BI explicitly imposes a best interest 2341 (Investment Company Securities), suitability, customer-specific suitability standard and explicitly requires a and 5110 (Corporate Financing Rule— and quantitative suitability. Reasonable consideration of costs. In addition, Reg Underwriting Terms and Arrangements) basis suitability requires a member or BI places greater emphasis than the each includes provisions restricting the associated person to have a reasonable suitability rule on consideration of payment and receipt of non-cash basis to believe, based on reasonable reasonably available alternatives.11 compensation in connection with the diligence, that the recommendation is Moreover, Reg BI explicitly applies to sale and distribution of securities suitable for at least some investors. recommendations of types of accounts governed by those rules. As a general Customer-specific suitability requires (e.g., broker-dealer or investment matter, these rules limit non-cash that a member or associated person have adviser, or among broker-dealer compensation arrangements to: a reasonable basis to believe that the accounts, including recommendations • Gifts that do not exceed $100 in recommendation is suitable for a of IRA rollovers). Reg BI also eliminates value and that are not preconditioned particular customer based on that the ‘‘control’’ element of the on the achievement of a sales target; customer’s investment profile. quantitative suitability obligation. • An occasional meal, a ticket to a Quantitative suitability requires a In light of these enhancements and to sporting event or the theater, or other member or associated person who has provide clarity on which standard comparable entertainment that does not actual or de facto control over a applies, FINRA proposes that its raise any question of propriety and is customer account to have a reasonable suitability rule state that it will not not preconditioned on the achievement basis for believing that a series of apply to recommendations subject to of a sales target; recommended transactions, even if Reg BI.12 FINRA does not propose to • Payment or receipt by ‘‘offerors’’ suitable when viewed in isolation, are eliminate the suitability rule because it (generally product sponsors and their not excessive and unsuitable for the applies broadly to all recommendations affiliates) in connection with training or customer when taken together in light of to customers whereas Reg BI applies education meetings, subject to specified the customer’s investment profile.8 only to recommendations to ‘‘retail conditions, including that the payment Rule 2111(b) provides an exemption customers,’’ which Reg BI defines as a of such compensation is not to customer-specific suitability for natural person, or the legal conditioned on achieving a sales target; recommendations to institutional representative of such natural person, and customers under specified who receives a recommendation of any • Internal non-cash compensation circumstances. In order for this securities transaction or investment arrangements between a member and its exemption to apply, three criteria must strategy involving securities from a associated persons, subject to specified be satisfied. First, the account must broker-dealer and uses the conditions. If the internal non-cash meet the definition of institutional recommendation primarily for personal, compensation arrangement is in the account as defined in FINRA Rule family, or household purposes.13 Thus, form of a sales contest, the contest must 4512(c).9 Second, the broker-dealer FINRA’s suitability rule is still needed be based on the total production of must have a reasonable basis to believe for entities and institutions (e.g., associated persons with respect to all securities within the rule’s product 7 See FINRA Rule 2111(a). 10 See FINRA Rule 2111(b). category, and credit for those sales must 8 See FINRA Rule 2111.05. 11 See Release, 84 FR at 33381 (‘‘It is our view that be equally weighted.16 9 Rule 4512(c) defines ‘‘institutional account’’ to such a consideration [of reasonably available mean the account of: (1) A bank, savings and loan alternatives offered by the broker-dealer] is an association, insurance company or registered inherent aspect of making a ‘best interest’ 14 See proposed FINRA Rule 2111.05(c). investment company; (2) an investment adviser recommendation, and is a key enhancement over 15 See proposed CAB Rule 211.03. registered either with the SEC or with a state existing broker-dealer suitability obligations, which 16 See FINRA Rules 2310(c), 2320(g), 2341(l)(5), securities commission; or (3) any other person do not necessarily require such a comparative and 5110(h). Rules 2310(c) and 5110(h) do not (whether a natural person, corporation, partnership, assessment among such alternatives’’). require internal non-cash compensation trust or otherwise) with total assets of at least $50 12 See proposed FINRA Rule 2111.08. arrangements to be based on total production and million. 13 See 17 CFR 240.15l–1(b)(1). equal weighting of securities sales.

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Reg BI’s Conflict of Interest Obligation general, to protect investors and the clarify to retail customers that Reg BI’s requires broker-dealers to establish, public interest. The proposed changes to ‘‘best interest’’ standard applies to maintain, and enforce written policies FINRA’s suitability rules will clarify recommendations they receive from and procedures reasonably designed to when Reg BI versus the suitability rules their broker-dealer and its associated identify and eliminate any sales apply, eliminating confusion and persons. FINRA does not believe that contests, sales quotas, bonuses, and allowing firms to focus on compliance this change will negatively impact firms non-cash compensation that are based with the higher standards in Reg BI, in any material way, since in almost all on the sales of specific securities or when applicable. At the same time, the cases, retail customer recommendations specific types of securities within a change will provide continued would be governed by Reg BI, making limited time period.17 As discussed protection for customers that are not the application of the suitability rule in above, FINRA’s current non-cash retail customers covered by Reg BI. these contexts superfluous. Firms also compensation rules permit internal firm Moreover, the removal of the element of would benefit by focusing their sales contests that may not meet this control from the quantitative suitability regulatory review of recommendations standard, since they permit contests obligation will align this standard with to retail customers solely on Reg BI, based on sales of specific types of the corresponding quantitative thus increasing the efficiency of such securities (such as mutual funds or component of the Care Obligation under reviews. variable annuities). Reg BI. Finally, the proposed The proposed rule change also would FINRA proposes to modify its rules amendments to FINRA’s rules on non- eliminate the control element from the governing non-cash compensation cash compensation arrangements will quantitative suitability obligation in the arrangements to specify that any non- eliminate any potential inconsistency suitability rule. This change is cash compensation arrangement with the requirements of Reg BI. consistent with Reg BI, which similarly permitted by those rules must be does not require a showing of control. B. Self-Regulatory Organization’s FINRA had previously analyzed the consistent with the requirements of Reg Statement on Burden on Competition BI. FINRA also proposes to eliminate economic impact of this change when it provisions in Rules 2320 and 2341 that FINRA does not believe that the proposed it in Regulatory Notice 18–13. require internal non-cash compensation proposed rule change will result in any Potential economic impacts are even arrangements to be based on total burden on competition that is not less significant at this time, as the SEC production and equal weighting of necessary or appropriate in furtherance has since adopted Reg BI, which securities sales.18 Thus, firms generally of the purposes of the Act. FINRA has expressly excludes the control element would no longer be permitted to undertaken an economic impact and will now apply to a large portion of sponsor or maintain internal sales assessment, as set forth below, to recommendations (i.e., contests based on sales of securities analyze the regulatory need for the recommendations to retail customers). within a product category within a proposed rulemaking, its potential The proposed change is expected to limited time, even if they are based on economic impacts, including provide greater protections to customers total production and equal weighting. anticipated costs and benefits, and the against investor abuse from firms and This requirement also would apply to alternatives FINRA considered in their associated persons. In cases where the non-cash compensation provisions assessing how to best meet its regulatory excessive trading is alleged, customers governing gifts, business entertainment objectives. would benefit from the reduced burden on FINRA of not having to prove control and training or education meetings. As Economic Impact Assessment while firms and associated persons discussed above, these forms of non- Reg BI imposes new obligations on engaged in excessive trading could cash compensation may not be broker-dealers and associated persons. experience a higher number of findings preconditioned on achievement of a As such, FINRA is proposing to modify of violations. FINRA believes the sales target. Nevertheless, FINRA existing FINRA rules to better align proposed change would impose believes that it must make clear that them with the new obligations. The minimal, if any, additional compliance these provisions do not permit alignment of FINRA rules to Reg BI burdens on members because FINRA arrangements that conflict with Reg BI. requirements is expected to provide If the Commission approves the staff understands firms generally greater protections to customers against perform compliance reviews for proposed rule change, FINRA will investor abuse from firms and their excessive trading activity without announce the approval of the proposed associated persons. It also reduces consideration of whether a broker rule change in a Regulatory Notice to be uncertainty for firms about which controls the account. published no later than 60 days standard applies, thus potentially Lastly, the proposed rule change following Commission approval. The avoiding unintentional rule violations would align FINRA’s non-cash effective date will be the compliance and reducing compliance costs on the compensation rules with Reg BI’s date of Reg BI. margin. The Economic Impact Conflict of Interest Obligation. Reg BI 2. Statutory Basis Assessment analyzes only the impacts requires broker-dealers to establish, FINRA believes that the proposed rule directly attributable to the proposed rule maintain and enforce written policies change is consistent with the provisions change. The impacts attributable to Reg and procedures reasonably designed to of Section 15A(b)(6) of the Act,19 which BI are assumed to have been evaluated identify and eliminate any sales contests, sales quotas, bonuses, and requires, among other things, that by the SEC during the adoption process. The proposed rule changes would non-cash compensation that are based FINRA rules must be designed to better align the existing FINRA on the sales of specific securities or prevent fraudulent and manipulative suitability rule with Reg BI’s specific types of securities within a acts and practices, to promote just and obligations. The proposed rule change limited time period, whereas current equitable principles of trade, and, in would provide that the suitability rule FINRA non-cash compensation rules 17 See 17 CFR 240.15l–1(a)(2)(iii)(D). does not apply to any recommendation permit sales contests for specific types 18 See proposed amendments to FINRA Rules that is subject to Reg BI. The benefits of of securities. FINRA believes that this 2310(c), 2320(g), 2341(l)(5), and 5110(h). this approach are that it would reduce proposed rule change will benefit firms 19 15 U.S.C. 78o–3(b)(6). regulatory uncertainty for firms and by eliminating regulatory uncertainty

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created by existing FINRA non-cash proposal.25 Many of the comments have Electronic Comments compensation rules. To the extent that been rendered moot by the SEC’s • sales contests and other non-cash adoption of Reg BI or the concerns Use the Commission’s internet compensation arrangements lead raised have become less relevant given comment form (http://www.sec.gov/ brokers to recommend suboptimal that Reg BI is now the governing rules/sro.shtml); or investments for customers, banning standard that applies to • Send an email to rule-comments@ these practices may benefit customers. recommendations to retail customers. sec.gov. Please include File Number SR– However, as for-profit entities, firms For example, while some commenters FINRA–2020–007 on the subject line. may be more limited in their ability to supported FINRA’s proposal to remove create incentives for their brokers to the control element from the Paper Comments quantitative suitability obligation generate sales. • because it was consistent with the Send paper comments in triplicate C. Self-Regulatory Organization’s approach set forth in the proposed Reg to Secretary, Securities and Exchange Statement on Comments on the BI,26 several commenters indicated that Commission, 100 F Street NE, Proposed Rule Change Received From FINRA’s proposal was premature and Washington, DC 20549–1090. Members, Participants, or Others that FINRA should await the outcome of All submissions should refer to File the SEC’s proposed rulemaking.27 Comments were neither solicited nor Number SR–FINRA–2020–007. This file FINRA did hold off in filing with the received on this proposed rule change. number should be included on the Commission the rule change proposed However, in April 2018, FINRA subject line if email is used. To help the in Regulatory Notice 18–13. With the published Regulatory Notice 18–13, Commission process and review your final adoption of Reg BI, however, the soliciting comment on a proposal to time is ripe to finalize this change. As comments more efficiently, please use remove the control element from the a result, for recommendations that only one method. The Commission will quantitative suitability obligation in remain subject to FINRA Rule 2111 (i.e., post all comments on the Commission’s FINRA Rule 2111, consistent with the recommendations that are not covered internet website (http://www.sec.gov/ then-proposed Reg BI. Eleven comments by Reg BI), this aspect of the proposed rules/sro.shtml). Copies of the were received in response to the Notice. rule change will enable FINRA to more submission, all subsequent A copy of the Notice is attached [sic] as effectively address instances of amendments, all written statements Exhibit 2a. Copies of the comment excessive trading by removing the with respect to the proposed rule letters received in response to the Notice element of control that currently must change that are filed with the 20 are attached [sic] as Exhibit 2c. be proved to demonstrate a violation Commission, and all written Since the publication of Regulatory and will align this integral element of communications relating to the Notice 18–13, the SEC has adopted Reg FINRA’s suitability rule with proposed rule change between the BI, which applies to recommendations corresponding provision of Reg BI. Commission and any person, other than to retail customers as defined in Reg BI. III. Date of Effectiveness of the those that may be withheld from the With the proposed changes to FINRA Proposed Rule Change and Timing for public in accordance with the Rule 2111.08, as discussed above, the Commission Action provisions of 5 U.S.C. 552, will be suitability rule, including the available for website viewing and quantitative suitability obligation, will Within 45 days of the date of printing in the Commission’s Public no longer apply to recommendations to publication of this notice in the Federal Reference Room, 100 F Street NE, retail customers. As a result, the impact Register or within such longer period (i) Washington, DC 20549, on official of the removal of the control element of as the Commission may designate up to business days between the hours of 10 the quantitative suitability obligation is 90 days of such date if it finds such a.m. and 3 p.m. Copies of such filing significantly less than when originally longer period to be appropriate and also will be available for inspection and proposed. Nevertheless, a majority of publishes its reasons for so finding or copying at the principal office of commenters to Regulatory Notice 18–13 (ii) as to which the self-regulatory FINRA. All comments received will be indicated general support for the organization consents, the Commission posted without change. Persons proposal to remove the control element will: submitting comments are cautioned that from the quantitative suitability (A) By order approve or disapprove we do not redact or edit personal obligation of FINRA Rule 2111.21 In such proposed rule change, or identifying information from comment general, these commenters expressed (B) institute proceedings to determine that the proposed rule change was a submissions. You should submit only whether the proposed rule change reasonable and effective approach to information that you wish to make should be disapproved. improving the rule,22 and believe it available publicly. All submissions would heighten investor protection.23 IV. Solicitation of Comments should refer to File Number SR–FINRA– Some commenters raised questions with 2020–007 and should be submitted on particular aspects of the proposal or Interested persons are invited to or before April 15, 2020. submit written data, views and potential unintended consequences.24 For the Commission, by the Division of arguments concerning the foregoing, Several commenters were not Trading and Markets, pursuant to delegated including whether the proposed rule supportive and raised concerns with the authority.28 change is consistent with the Act. Comments may be submitted by any of J. Matthew DeLesDernier, 20 See Exhibit 2b for a list of abbreviations Assistant Secretary. assigned to commenters. the following methods: 21 See Cornell; FSI; NASAA; Pace; PIABA; SEC [FR Doc. 2020–06187 Filed 3–24–20; 8:45 am] OIA. 25 See Cambridge; Capital Forensics; Keesal; BILLING CODE 8011–01–P 22 See NASAA. SIFMA. 23 See Cornell; FSI; NASAA; Pace; PIABA. 26 See FSI. 28 24 See FSI; PIABA; SER. 27 See Cambridge; Keesal; SIFMA. 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s per day over the course of a calendar COMMISSION Statement of the Purpose of, and the month in all underlying symbols. In Statutory Basis for, the Proposed Rule light of the Exchange’s recent [Release No. 34–88426; File No. SR–CBOE– Change announcement that it’s trading floor 2020–021] would be considered inoperable starting 1. Purpose March 16, 2020, the Exchange proposes Self-Regulatory Organizations; Cboe The Exchange proposes to adopt new to provide that for the month of March Exchange, Inc.; Notice of Filing and Footnote 12 of the Fees Schedule to 2020, ADV will be based on March 1– Immediate Effectiveness of a Proposed govern pricing changes in the event the March 13, 2020 volume. The Exchange next proposes to Rule Change To Amend Its Fees Exchange trading floor becomes 3 In the event the trading provide that in the event the trading Schedule inoperable. floor becomes inoperable, the Exchange floor becomes inoperable, the Exchange March 19, 2020. will continue to operate in a screen- shall waive SPX and SPXW Execution based only environment using a Surcharges for SPX and SPXW volume Pursuant to Section 19(b)(1) of the floorless configuration of the System executed via the Automated Securities Exchange Act of 1934 (the that is operational while the trading Improvement Mechanism (‘‘AIM’’) for 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, floor facility is inoperable. The the duration of time the Exchange notice is hereby given that on March 17, Exchange would operate using that operates in a screen-based only 2020, Cboe Exchange, Inc. (the configuration only until the Exchange’s environment. The Exchange currently ‘‘Exchange’’ or ‘‘Cboe Options’’) filed trading floor facility became assesses a SPX Execution Surcharge of with the Securities and Exchange operational. Open outcry trading would $0.21 per contract and a SPXW Commission (the ‘‘Commission’’) the not be available in the event the trading Execution Surcharge of $0.13 per proposed rule change as described in floor becomes inoperable. contract for non-Market Maker orders in Items I, II, and III below, which Items The Exchange first proposes to SPX and SPXW, respectively that are have been prepared by the Exchange. provide that in the event the Cboe executed electronically (with some The Commission is publishing this Options trading floor becomes exceptions).4 The Execution Surcharges notice to solicit comments on the inoperable, holders of a Market-Maker were adopted to ensure that there is proposed rule change from interested Floor Permit will be entitled to act as an reasonable cost equivalence between the persons. electronic Market-Maker and holders of primary execution channels for SPX and a Floor Broker Permit will be entitled to SPXW. More specifically, the Execution I. Self-Regulatory Organization’s access the Exchange electronically to Surcharges minimize the cost Statement of the Terms of Substance of submit orders to the Exchange, at no differentials between manual and the Proposed Rule Change further cost. Currently, in order to act as electronic executions, which is in the a Market-Maker electronically a Trading interest of the Exchange as it must both Cboe Exchange, Inc. (the ‘‘Exchange’’ Permit Holder (‘‘TPH’’) must purchase a maintain robust electronic systems as or ‘‘Cboe Options’’) proposes to amend Market-Maker Electronic Access Permit. well as provide for economic its Fees Schedule. The text of the In order to access the Exchange opportunity for floor brokers to continue proposed rule change is provided in electronically and submit orders to the to conduct business, as the Exchange Exhibit 5. Exchange, a TPH must purchase an believes they serve an important The text of the proposed rule change ‘‘Electronic Access Permit’’. Conversely, function in achieving price discovery is also available on the Exchange’s TPHs that wish to act as a Market-Maker and customer executions.5 In the event website (http://www.cboe.com/ on the floor must purchase a Market- the trading floor becomes inoperable, AboutCBOE/CBOELegalRegulatory Maker Permit and TPHs that wish to act the only execution available for SPX Home.aspx), at the Exchange’s Office of as a Floor Broker on the floor of the and SPXW would be electronic the Secretary, and at the Commission’s Exchange must purchase a Floor Broker executions. The Exchange still wishes to Public Reference Room. Permit. The Exchange wishes to encourage floor brokers to continue to encourage floor-based market conduct business on the Exchange, II. Self-Regulatory Organization’s participants to participate on the albeit electronically when the floor is Statement of the Purpose of, and Exchange electronically if the trading inoperable. To that end, in order to Statutory Basis for, the Proposed Rule floor becomes inoperable. As such, the approximate the trading floor Change Exchange proposes to provide that environment electronically, the holders of a Market-Maker Floor Permit Exchange will make AIM available for In its filing with the Commission, the and Floor Broker Permit are entitled to SPX/SPXW in the event the trading Exchange included statements operate electronically in their registered floor becomes inoperable. Particularly, concerning the purpose of and basis for capacity at no additional cost (i.e., not the Exchange notes that it can determine the proposed rule change and discussed charge for an additional Market-Maker AIM eligibility on a class-by-class basis 6 any comments it received on the Electronic Access Permit or Electronic and historically SPX and SPXW have proposed rule change. The text of these Access Permit). not been designated as eligible for AIM statements may be examined at the The Exchange next proposes to amend Auctions. As such, the Exchange does places specified in Item IV below. The the Floor Broker ADV Discount. Under not wish to discourage floor brokers Exchange has prepared summaries, set this discount program, Floor Broker from executing SPX and SPXW volume forth in sections A, B, and C below, of Trading Permit fees are eligible for via AIM when the trading floor is the most significant aspects of such rebates based on the average customer inoperable by assessing the Execution statements. (‘‘C’’) open-outcry contracts executed 4 See Cboe Options Fees Schedule, Footnote 21. 3 The Exchange originally submitted the proposed 5 See e.g., Securities Exchange Act Release No. fee changes on March 16, 2020 (SR–CBOE–2020– 71295 (January 14, 2014) 79 FR 3443 (January 21, 1 15 U.S.C. 78s(b)(1). 020). On March 17, 2020, the Exchange withdrew 2014) (SR–CBOE–2013–129). 2 17 CFR 240.19b–4. that filing and submitted this filing. 6 See Rule 5.37(a)(1) and 5.38(a)(1).

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Surcharges such volume. Indeed, in the open outcry, but must participate practices, to promote just and equitable absence of the trading floor being electronically due to the trading floor principles of trade, to foster cooperation inoperable, AIM would not be available being inoperable). and coordination with persons engaged for SPX/SPX and such volume would The Exchange next proposes to in regulating, clearing, settling, otherwise execute on the floor and not provide that for purposes of the Market- processing information with respect to, be subject to the Execution Surcharges. Maker EAP Appointments Sliding Scale, and facilitating transactions in The Exchange next proposes to adopt the total quantity will be determined by securities, to remove impediments to an AIM Execution Surcharge for SPX, the highest quantity used at any point and perfect the mechanism of a free and SPXW and VIX AIM Agency/Primary during the month, excluding additional open market and a national market orders for all market participants which quantity added during the time the system, and, in general, to protect would apply only when the Exchange Exchange operates in a screen-based investors and the public interest. operates in a screen-based only only environment. Currently, during Additionally, the Exchange believes the environment and which would be Regular Trading Hours, a Market-Maker proposed rule change is consistent with invoiced to the executing TPH. has an appointment to trade open outcry Section 6(b)(4) of the Act, which Specifically, the Exchange proposes to in all classes traded on the Exchange, at requires that Exchange rules provide for adopt a $0.05 per contract fee for SPX no charge.7 Electronic Market-Makers the equitable allocation of reasonable and SPXW AIM Agency/Primary orders however, must select appointments and dues, fees, and other charges among its and a $0.04 per contract fee for VIX AIM are charged for one or more Trading Permit Holders and other Agency/Primary orders. The Exchange ‘‘Appointment Units’’ (which are scaled persons using its facilities. notes that currently, SPX, SPXW and from 1 ‘‘unit’’ to more than 5 ‘‘units’’), The Exchange believes the proposed VIX orders executed via open-outcry are depending on which classes they elect rule change to allow holders of Floor assessed floor brokerage fees. appointments in.8 The Exchange does Trading Permits to operate in their Specifically, SPX/SPXW orders are not wish to subject Market-Makers to registered capacity electronically at no assessed a floor brokerage fee of $0.04 increased fees as a result of selecting further cost is reasonable as such market per contract fee for non-crossed orders appointments to trade electronically in participants would not be subject to and a $0.02 per contract fee for crossed classes during a time when the additional costs in the event they can orders and VIX orders are assessed a Exchange operates in a screen-based only participate electronically due to floor brokerage fee of $0.03 per contract only environment that they otherwise the trading floor being inoperable. for non-crossed orders and $0.015 per trade, at no charge, on the floor. Indeed, in such an event, the Exchange contract for crossed orders. The Lastly, as noted above, SPX and wishes to encourage floor-based market Exchange notes that in the event the SPXW have not historically been participants to continue to participate trading floor becomes inoperable, designated as eligible for AIM Auctions. on the Exchange electronically. The volume that would otherwise be The Exchange anticipates that it will Exchange believes the proposed rule executed on the floor would have to be designate SPX/SPXW as eligible for AIM change is equitable and not unfairly executed electronically. The Exchange Auctions in the event the trading floor discriminatory as all such floor believes it’s appropriate to continue to becomes inoperable. The header relating participants will be treated equally. The assess this volume, notwithstanding the to AIM in the Rate Table for Underlying Exchange also believes it’s proposal to fact that it is being moved to an Symbol List A Schedule however base the ADV thresholds for the Floor electronic channel. references only that AIM is available for Broker ADV Discount program on The Exchange also proposes to (1) VIX and (2) SPX/SPXW during volume from March 1, through March provide that SPX/SPXW, VIX and RUT Global Trading Hours.9 As such, the 13, 2020 is reasonable as such discount contracts executed via AIM during the Exchange proposes to clarify in is based on open-outcry volume only time when the Exchange operates in a proposed Footnote 12 of the Fees and the Exchange floor has been closed screen-based only environment will not Schedule that AIM would be available indefinitely as of March 16, 2020. count towards the 1,000 contract for SPX/SPXW during Regular Trading The Exchange believes the proposed thresholds for the electronic SPX/ Hours, in the event the trading floor is rule change to waive SPX and SPXW SPXW, VIX and RUT Tier Appointment inoperable. Execution Surcharges for AIM volume Fee. Currently, the Exchange assesses in the event the trading floor becomes separate monthly Tier Appointment 2. Statutory Basis inoperable is reasonable because market Fees to electronic and floor Market- The Exchange believes the proposed participants will not be subject to these Maker holding a Market-Maker rule change is consistent with the extra surcharge for these executions. As Electronic Access Permit or Market- Securities Exchange Act of 1934 (the noted above, the Execution Surcharges Maker Floor Permit, respectively, that ‘‘Act’’) and the rules and regulations minimize the cost differentials between trade SPX (including SPXW), VIX or thereunder applicable to the Exchange manual and electronic executions, RUT contracts at any time during the and, in particular, the requirements of which is in the interest of the Exchange month. The Exchange proposes to Section 6(b) of the Act. Specifically, the as it must both maintain robust exclude SPX/SPXW, VIX and RUT Exchange believes the proposed rule electronic systems as well as provide for volume executed via AIM during the change is consistent with the Section economic opportunity for floor brokers time when the Exchange operates in a 6(b)(5) requirements that the rules of an to continue to conduct business, as the screen-based only environment, as the exchange be designed to prevent Exchange believes they serve an Exchange does not wish to discourage fraudulent and manipulative acts and important function in achieving price the sending of such orders via AIM discovery and customer executions. In during that time. The Exchange notes 7 See Rule 5.50(e). the event the trading floor becomes that the electronic Tier Appointment 8 Appointment weights for each appointed class inoperable, Exchange still wishes to fees are intended to be assessed to are set forth in Cboe Options Rule 5.50(g) and are incentivize floor brokers to conduct Market-Maker TPHs who act as Market- summed for each Market-Maker in order to business on the Exchange, albeit determine the total appointment units, to which Makers electronically and engage in fees will be assessed. electronically and as such does not wish trading of these products (as opposed to 9 See Cboe Options Fees Schedule, Rate Table— to assess a surcharge on volume that those who normally execute volume via Underlying Symbol List A. was otherwise executed on floor and not

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via AIM. As discussed above, the execution costs while the trading floor not wish to subject Market-Makers to Exchange wishes to make AIM available is inoperable. increased fees as a result of selecting for SPX/SPXW in the event the trading The Exchange believes its proposal to appointments to trade classes floor is inoperable in order to best provide that SPX/SPXW, VIX and RUT electronically during a time when the approximate the trading floor in an contracts executed via AIM during a trading floor is inoperable, particularly electronic environment. Indeed, the time when the Exchange operates in a classes they would otherwise trade at no Exchange believes waiving the screen-based only environment will not charge on the trading floor. The Execution Surcharges for volume count towards the 1,000 contract proposed change is equitable and not executed via AIM in the event the thresholds for the electronic SPX/ unfairly discriminatory because it will trading floor is inoperable will promote SPXW, VIX and RUT Tier Appointment apply uniformly to all similarly situated and encourage trading of these products Fees is reasonable as Market-Makers market participants, as it will apply to notwithstanding the fact that manual that would otherwise meet the current all Market-Makers, while also ensuring executions are no longer available. contract thresholds due to the need to that Market-Makers who generally Additionally, the Exchange does not participate on the Exchange operate on the trading floor will not be wish to assess the Execution Surcharges electronically will not be subject to an subject to additional costs due to the on AIM volume as AIM provides price additional Tier Appointment Fee for unavailability of the trading floor. improvement opportunities for these volume executed via AIM. The Lastly, the Exchange believes its orders, similar to the opportunities that Exchange believes the proposed change proposal to clarify in the fees schedule are generally available to them on the is reasonable as the Tier Appointment that AIM may be available for SPX/ trading floor, which protects customers fees were intended to apply to TPHs SPXW during Regular Trading Hours in seeking execution of these orders. The who act as electronic Market-Makers in the even the trading floor becomes Exchange believes the proposed change SPX/SPX, VIX and RUT, not those that inoperable will provide clarity in the is also equitable and not unfairly notwithstanding the trading floor being Fees Schedule and alleviate potential discriminatory as it applies uniformly to inoperable would act as floor Market- confusion, thereby removing all similarly situated market Makers and trade these products. The impediments to and perfecting the Exchange anticipates Market-Maker a participants, as all TPHs will be able to mechanism of a free and open market large portion of volume for any Market- execute electronically via AIM and be and a national market system, and, in Maker that trades in SPX/SPXW, VIX subject to equivalent execution costs general, protecting investors and the and RUT only in open cry will be while the trading floor is inoperable. public interest. executed via AIM in the event the The Exchange believes the proposal to trading floor is inoperable. Accordingly, B. Self-Regulatory Organization’s adopt an AIM Execution Surcharge for the Exchange does not wish to assess Statement on Burden on Competition SPX/SPXW and VIX Agency/Primary the Tier Appointment fees to Market- orders is reasonable as the proposed Makers who do not usually conduct The Exchange does not believe that rates are similar to the total rates significant electronic volume in these the proposed rule changes will impose charged for volume that is executed via products and would not participate any burden on competition that are not open-outcry.10 The Exchange also notes electronically if not for the trading floor necessary or appropriate in furtherance that the Fees Schedule already provides being inoperable. Additionally, the of the purposes of the Act. The for a similar scenario of such rates being Exchange does not wish to discourage Exchange notes the proposed changes assessed in the event the trading floor is the use of AIM for SPX/SPXW, VIX or are not intended to address any inoperable. For example, Footnote 15 of RUT as AIM provides price competitive issue, but rather to address the Fees Schedule provides that in the improvement opportunities for these fee changes it believes are reasonable in event the Exchange’s exclusively listed orders, similar to the opportunities that the event the trading floor becomes options must be traded at a Back-up are generally available to them on the inoperable, thereby only permitting Exchange pursuant to Cboe Options trading floor, which protects customers electronic participation on the Rule 5.26, the Back-up Exchange has seeking execution of these orders. The Exchange. The Exchange does not agreed to apply the per contract and per proposed change is equitable and not believe that the proposed rule change contract side fees (i.e., the Floor unfairly discriminatory because it will will impose any burden on intramarket Brokerage fees) to such transactions. apply uniformly to all similarly situated competition that is not necessary or Accordingly, the Exchange believes it’s market participants, as it applies to all appropriate in furtherance of the similarly appropriate to adopt and apply Market-Makers trading in these purposes of the Act because the similar fees to transactions that must products. proposed changes apply equally to all occur via an electronic execution The Exchange believes the proposal to similarly situated market participants. channel (instead of on a Back-Up not count Appointment Units added The Exchange does not believe that the Exchange) due to the Exchange’s trading during a time when the Exchange proposed rule changes will impose any floor being inoperable. The Exchange operates in a screen-based only burden on intermarket competition that also notes that as discussed above, it is environment toward the total quantity is not necessary or appropriate in not otherwise assessing the SPX/SPXW of Appointment Units for purposes of furtherance of the purposes of the Act Execution Surcharges on AIM SPX/ calculating the Market-Maker EAP because the proposed changes only SPXW orders. The Exchange believes Appointments Sliding Scale is affect trading on the Exchange in the proposed change is also equitable reasonable, as Market-Makers should limited circumstances. and not unfairly discriminatory as it not be subject to additional charges C. Self-Regulatory Organization’s applies uniformly to all similarly resulting from any additional Statement on Comments on the situated market participants, as all TPHs appointments selected during a time Proposed Rule Change Received From will be able to execute electronically via when the trading floor is inoperable. As Members, Participants, or Others AIM and be subject to equivalent discussed above, floor Market-Makers have an appointment to trade open The Exchange neither solicited nor 10 See Cboe Options Fees Schedule, Floor outcry in all classes traded on the received comments on the proposed Brokerage Fees. Exchange at no cost. The Exchange does rule change.

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III. Date of Effectiveness of the Reference Room, 100 F Street NE, Commission extended the time period Proposed Rule Change and Timing for Washington, DC 20549, on official within which to either approve the Commission Action business days between the hours of proposed rule change, disapprove the The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the proposed rule change, or institute effective pursuant to Section 19(b)(3)(A) filing also will be available for proceedings to determine whether to of the Act 11 and paragraph (f) of Rule inspection and copying at the principal approve or disapprove the propose rule 19b–4 12 thereunder. At any time within office of the Exchange. All comments change, to October 21, 2019.5 On 60 days of the filing of the proposed rule received will be posted without change. October 7, 2019, the Exchange filed change, the Commission summarily may Persons submitting comments are Amendment No. 2 to the proposed rule temporarily suspend such rule change if cautioned that we do not redact or edit change.6 The Commission received two it appears to the Commission that such personal identifying information from comment letters on the proposal.7 action is necessary or appropriate in the comment submissions. You should On October 21, 2019, the Commission public interest, for the protection of submit only information that you wish instituted proceedings to determine investors, or otherwise in furtherance of to make available publicly. All whether to approve or disapprove the the purposes of the Act. If the submissions should refer to File proposed rule changes (‘‘OIP’’).8 The Commission takes such action, the Number SR–CBOE–2020–021 and Commission received a letter from the Commission will institute proceedings should be submitted on or before April Exchange addressing the previous to determine whether the proposed rule 15, 2020. comments,9 as well as one additional change should be approved or For the Commission, by the Division of comment in response to the OIP and the disapproved. Trading and Markets, pursuant to delegated Cboe Response Letter.10 On January 14, authority.13 IV. Solicitation of Comments J. Matthew DeLesDernier, 84 FR 52149 (October 1, 2019) (order approving proposed rule change to adopt Cboe Rule 6.49B Interested persons are invited to Assistant Secretary. submit written data, views, and regarding off-floor RWA transfers). When the [FR Doc. 2020–06190 Filed 3–24–20; 8:45 am] Exchange filed Amendment No. 1 to CBOE–2019– arguments concerning the foregoing, BILLING CODE 8011–01–P 035, it also submitted the text of the amendment as including whether the proposed rule a comment letter to the filing, which the change is consistent with the Act. Commission made publicly available at https:// www.sec.gov/comments/sr-cboe-2019-035/ Comments may be submitted by any of SECURITIES AND EXCHANGE the following methods: srcboe2019035-5917170-189047.pdf. COMMISSION 5 See Securities Exchange Act Release No. 86861 Electronic Comments (September 4, 2019), 84 FR 47627 (September 10, [Release No. 34–88424; File No. SR–CBOE– 2019). • Use the Commission’s internet 2019–035] 6 In Amendment No. 2, the Exchange updated comment form (http://www.sec.gov/ cross-references to Cboe rules throughout the rules/sro.shtml); or Self-Regulatory Organizations; Cboe proposed rule change to reflect separate • Send an email to rule-comments@ Exchange, Inc.; Notice of Filing of amendments it made to its rulebook in connection with the Exchange’s technology migration, which it sec.gov. Please include File Number SR– Amendment Nos. 1 and 2 and Order subsequently completed on October 7, 2019. When CBOE–2020–021 on the subject line. Granting Accelerated Approval of a the Exchange filed Amendment No. 2 to CBOE– Proposed Rule Change, as Modified by 2019–035, it also submitted the text of the Paper Comments Amendment Nos. 1 and 2, Regarding amendment as a comment letter to the filing, which • Send paper comments in triplicate the Commission made publicly available at https:// Off-Floor Position Transfers www.sec.gov/comments/sr-cboe-2019-035/ to Secretary, Securities and Exchange srcboe2019035-6258833-192955.pdf. In addition to Commission, 100 F Street NE, March 19, 2020. the cross-references updated in Amendment No. 2, the Exchange relocated Rule 6.49A to Rule 6.7 in Washington, DC 20549–1090. I. Introduction All submissions should refer to File its post-migration rulebook and made conforming On July 3, 2019, Cboe Exchange, Inc. changes to its proposed rule change to reflect that Number SR–CBOE–2020–021. This file new rule number. number should be included on the (the ‘‘Exchange’’ or ‘‘Cboe Options’’) 7 See Letter to Vanessa Countryman, Secretary, subject line if email is used. To help the filed with the Securities and Exchange Commission, dated September 24, 2019, from John Commission process and review your Commission (‘‘Commission’’), pursuant Kinahan, Chief Executive Officer, Group One Trading, L.P., available at https://www.sec.gov/ comments more efficiently, please use to Section 19(b)(1) of the Securities 1 comments/sr-cboe-2019-035/srcboe2019035- only one method. The Commission will Exchange Act of 1934 (‘‘Act’’), and 6193332-192497.pdf (‘‘Group One Letter’’) and 2 post all comments on the Commission’s Rule 19b–4 thereunder, a proposed rule Letter to Brent J. Fields, Secretary, Commission, internet website (http://www.sec.gov/ change to amend its rule relating to off- dated August 19, 2019, from Gerald D. O’Connell, floor position transfers. The proposed Compliance Coordinator, Susquehanna rules/sro.shtml). Copies of the International Group, LLP, available at https:// submission, all subsequent rule change was published for comment www.sec.gov/comments/sr-cboe-2019-035/ amendments, all written statements in the Federal Register on July 23, srcboe2019035-5985436-190350.pdf (‘‘SIG August with respect to the proposed rule 2019.3 On August 6, 2019, the Exchange 2019 Letter’’). change that are filed with the filed Amendment No. 1 to the proposed 8 See Securities Exchange Act Release No. 87374, rule change.4 On September 4, 2019, the 84 FR 57542 (October 25, 2019) (‘‘OIP’’). Commission, and all written 9 See Letter to Vanessa Countryman, Secretary, communications relating to the Commission, dated November 15, 2019, from Laura 13 proposed rule change between the 17 CFR 200.30–3(a)(12). G. Dickman, Vice President, Associate General 1 Commission and any person, other than 15 U.S.C. 78s(b)(1). Counsel, Cboe Exchange, Inc., available at https:// 2 17 CFR 240.19b–4. www.sec.gov/comments/sr-cboe-2019-035/ those that may be withheld from the 3 See Securities Exchange Act Release No. 86400 srcboe2019035-6434377-198588.pdf (‘‘Cboe public in accordance with the (July 17, 2019), 84 FR 35438 (‘‘Notice’’). Response Letter’’). provisions of 5 U.S.C. 552, will be 4 In Amendment No. 1, the Exchange deleted 10 See Letter to Vanessa Countryman, Secretary, available for website viewing and from the proposed rule change the proposal to Commission, dated December 12, 2019, from Gerald printing in the Commission’s Public permit off-floor risk-weighted asset (‘‘RWA’’) D. O’Connell, Compliance Coordinator, transfers. The Exchange subsequently refiled the Susquehanna International Group, LLP, available at RWA transfer proposal as a separate proposed rule https://www.sec.gov/comments/sr-cboe-2019-035/ 11 15 U.S.C. 78s(b)(3)(A). change filing in SR–CBOE–2019–044. See Securities srcboe2019035-6535880-200548.pdf (‘‘SIG 12 17 CFR 240.19b–4(f). Exchange Release No. 87107 (September 25, 2019), December 2019 Letter’’).

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2020, the Commission issued a notice of off-floor transfer, and provide for transfers,25 the commenter challenges designation of a longer period for recordkeeping requirements.18 that assertion and characterizes the Commission action on proceedings to proposal as based on the ‘‘erroneous III. Discussion and Commission determine whether to approve or current view by the CBOE that its Findings disapprove the proposed rule change.11 longstanding policy’’ was intended to This order approves the proposed rule After careful review of the proposal, broadly prohibit off-floor transfers change, as modified by Amendment as modified by Amendment Nos. 1 and where there is no material change in Nos. 1 and 2, on an accelerated basis. 2, and the comments received thereon, beneficial ownership.26 The commenter the Commission finds that the proposed instead argues that Cboe’s longstanding II. Description of the Proposed Rule rule change is consistent with the Change policy was historically intended to requirements of the Act,19 and the rules require that transactions with ‘‘material Cboe generally requires a Trading and regulations thereunder applicable to change of beneficial ownership’’ occur Permit Holder (‘‘TPH’’) to effect a national securities exchange.20 In on an exchange and ‘‘to direct no transactions in listed options on an particular, the Commission finds that change transfers to the off-floor transfer exchange.12 Notwithstanding that the proposed rule change is consistent process,’’ and disagrees with Cboe’s provision, Cboe permits certain types of with Section 6(b)(5) of the Act,21 which assertion that its longstanding policy transfers involving a TPH’s positions to requires, among other things, that the was to ‘‘generally ensure all position be effected off the Exchange (also rules of a national securities exchange movements occur in the open referred to as ‘‘off-floor’’ transfers).13 be designed to remove impediments to market.’’ 27 The commenter contends The Exchange now proposes to and perfect the mechanism of a free and that language in the 1995 filing that delineate in Rule 6.7 (Off-Floor open market and a national market adopted of Rule 6.7 (formerly Rule Transfers of Positions) four additional system, and, in general, to protect 6.49A) supports its position that the rule types of permitted off-floor transfers: (1) investors and the public interest and ‘‘was not meant to alter no change Transfers to correct a bona fide error in that the rules are not designed to permit transfers, as the open market the recording of a transaction or the unfair discrimination between requirement did not apply to them in transferring of a position to another customers, issuers, brokers, or dealers. the first place.’’ 28 account, (2) transfers between accounts The Exchange’s current rule Cboe disagrees with the commenter’s where there is no change in ownership governing off-floor transfers permits characterization of its longstanding provided the accounts are not in such transfers to occur under specified separate aggregation units or otherwise limited circumstances. The Exchange’s policy and states that the commenter’s subject to information barrier or account proposal, among other things, adds four concept of a ‘‘no change transfer’’ that segregation requirements, (3) new scenarios in which off-floor would be permitted to occur off-floor consolidation of accounts where no transfers will be permitted. According to without restriction ‘‘conflicts with the change in ownership is involved, and the Exchange, the proposed rule change long-standing policy and approach (4) transfers through operation of law ‘‘adopts no new restrictions on off-floor reflected in the pending rule change 29 from death, bankruptcy, or otherwise.14 position transfers, but in fact only filing.’’ In support of its position, Cboe cites, among other things, to its In addition, the Exchange purports to adopts narrowly defined, additional adoption in 1995 of Rule 6.7 (formerly codify its prior guidance that off-floor circumstances under which such 22 Rule 6.49A) as permitting only narrow transfers cannot net against another transfers are permissible.’’ exceptions to the general requirement position and that no position transfer One commenter said it ‘‘disagree[s] under Rule 5.12 (formerly Rule 6.49) may result in preferential margin or with the basic premises relied upon by that transactions be effected on an haircut treatment.15 Further, the the CBOE for the proposal’’ and believes exchange.30 Cboe states that ‘‘[t]o be Exchange purports to codify into Rule that Cboe failed to adequately justify the 23 clear, it is not, and has not been, the 6.7 its interpretation that the off-floor proposal. Specifically, the commenter Exchange’s intent or interpretation of transfer rule ‘‘is intended to facilitate said it objects to the Exchange’s Rule 6.7 (former Rule 6.49A) that off- non-routine, non-recurring movements purported prohibition on transfers floor position transfers may freely occur of positions’’ and ‘‘is not to be used involving ‘‘no material change of when there is no change in ownership repeatedly or routinely in beneficial ownership,’’ which the (or beneficial ownership), particularly circumvention of the normal auction commenter referred to as ‘‘no change in circumstances that result in netting, market process.’’ 16 transfers,’’ and believes that the existing favorable margin treatment, or repeating Finally, as discussed more fully in the Rule, as well as the proposed changes 17 thereto, are ‘‘overly restrictive’’ because or recurring transfers, or that result in Notice, the Exchange proposes other the avoidance of the normal auction modifications to Rule 6.7, including they limit off-floor ‘‘no change’’ transfers.24 While Cboe asserts that its market process.’’ 31 Cboe further notes adding provisions that would provide that ‘‘[n]one of the exceptions currently guidance as to the permitted transfer proposal is codifying within its rules its longstanding policy on off-floor delineated in Rule 6.7 permit the type price at which an off-floor transfer may of ‘no change’ transfer [the commenter] be effected, specify when written notice would be required prior to effecting an 18 See proposed Cboe Rule 6.7(c), (d), and (e). 19 15 U.S.C. 78f. 25 See Cboe Response Letter, supra note 9, at 1. 20 In approving this proposed rule change, the 26 See SIG December 2019 Letter, supra note 10, 11 See Securities Exchange Act Release No. 87959 Commission has considered the proposed rule’s at 5, fn.15. (January 14, 2020), 85 FR 3448 (January 21, 2020). impact on efficiency, competition, and capital 27 See SIG December 2019 Letter, supra note 10, 12 See Cboe Rule 5.12(a) (formerly Rule 6.49(a)). formation. See 15 U.S.C. 78c(f). at 3, 5; see also SIG August 2019 Letter, supra note 13 See Cboe Rule 6.7(a) (formerly Rule 6.49A(a)). 21 15 U.S.C. 78f(b)(5). 7, at 7. 14 See proposed Cboe Rule 6.7(a). 22 See Cboe Response Letter, supra note 9, at 6. 28 See SIG December 2019 Letter, supra note 10, 15 See proposed Cboe Rule 6.7(b). See also Cboe 23 See SIG December 2019 Letter, supra note 10, at 3. Options Regulatory Circular RG03–62 (July 24, at 1. See also SIG August 2019 Letter, supra note 29 See Cboe Response Letter, supra note 9, at 3. 2003). 7, at 7. 30 See Cboe Response Letter, supra note 9, at 2– 16 See proposed Cboe Rule 6.7(g). 24 See SIG December 2019 Letter, supra note 10, 3. 17 See Notice, supra note 3. at 2; SIG August 2019 Letter, supra note 7, at 1. 31 See Cboe Response Letter, supra note 9, at 3.

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believes is currently permissible.’’ 32 Commenters seek clarification on explains the purpose behind this Instead, Cboe explains that the current certain of these aspects of the proposal. restriction as follows: exceptions do not permit off-floor First, commenters ask which types of Ultimately, these are methods used by transactions in situations involving transfers would constitute ‘‘routine, Persons to separate accounts for different ‘‘regular business practices, such as risk recurring’’ transfers.38 For example, one business (e.g., to separate a market-maker management or hedging activities’’ but commenter asks whether more than one trading unit from a proprietary trading unit) instead allow them in ‘‘infrequent transfer per day would be considered or regulatory purposes (e.g., Regulation occurrences that arise for legal purposes ‘‘recurring.’’ 39 In response, the SHO). If accounts are subject to such (e.g., mergers, acquisitions, Exchange states that ‘‘[w]hat constitutes separation for any such purpose, the Exchange believes it is reasonable to not bankruptcies) or other non-business non-routine and non-recurring will be permit off-floor position transfers between related events (e.g., donations to not-for- based on facts and circumstances’’ and such accounts that are otherwise required to profit entities, gifts to minors).’’ 33 The notes that ‘‘[t]he term ‘routine’ generally be kept separate, as such transfers could be Exchange points out that according to refers to regular or habitual actions seen as ‘breaching the wall’ put in place by the commenter, a ‘‘‘no change’ transfer taken as part of an established that separation.44 may involve a change—just not a procedure’’ and ‘‘[t]he term recurring The Commission believes that the material change—in beneficial general means something that happens Exchange has addressed the ownership, which implies different repeatedly.’’ 40 The Exchange further commenter’s concern and has entities (and thus different Persons) own explains that ‘‘it is important that the articulated a fair basis for the restriction, the accounts’’ and concludes that such transfer could occur only in connection and that such restriction is consistent a definition of ‘‘no change transfer’’ is with one of the specific events/episodes with the requirements of the Act, and not supported by the commenter’s listed in Rule 6.7’’ and that if a ‘‘transfer the rules and regulations thereunder. argument that this is analogous to a is prescribed by a Person’s procedures Further, both commenters generally statement comparing different accounts to occur at specified times in intervals object to the prohibitions on netting and 34 of the same Person (or same entity). (such as hourly, daily, weekly, or routine-use, and say that those The Commission believes that the monthly), the Exchange would view that prohibitions restrict their ability to Exchange has addressed the to be routine and recurring and perform risk-reducing off-floor commenter’s concerns concerning the potentially be a violation of the transfers.45 For example, one scope of Rule 6.7 (formerly Rule 6.49A) proposed Rule requirement.’’ 41 The commenter believes the rule’s and Rule 5.12 (formerly Rule 6.49). Commission believes that the Exchange prohibition on repeated or routine use is While the commenter asserts that the has addressed the commenter’s question too restrictive, as it is ‘‘unaware of any Exchange ‘‘has always generally and has articulated a reasonably and normal auction market process that permitted no change position fairly implied interpretation of how the would allow for a single market movements to be transferred off- frequency restriction would apply based participant to transact with itself in floor,’’ 35 the Exchange contradicts that on its plain meaning. order to move a position across two assertion as an ‘‘unsupported In addition, one commenter argues accounts maintained by that same presumption’’ and, in support of its that the proposal is ambiguous in its market participant.’’ 46 This commenter position, cites language to the contrary description of what constitutes a argues that ‘‘[i]n a no-change transfer, in its 1995 filing adopting Rule 6.7 separate account with respect to 36 there is no buyer and there is no seller,’’ (formerly 6.49A). The Commission 42 proposed Rule 6.7(a)(2). Proposed as the positions are already owned and believes that the Exchange has Rule 6.7(a)(2) allows for off-floor ownership is not changing; therefore no- presented sufficient information in transfers involving ‘‘the transfer of support of what it considers to be its change transfers should be available ‘‘as positions from one account to another frequently as necessary.’’ 47 In response, longstanding policy generally account where no change in ownership prohibiting off-exchange transfers Cboe ‘‘reiterates that Rule 5.12 prohibits is involved (i.e., accounts of the same all off-floor positions transfers, unless subject to limited exceptions. Person (as defined in Rule 1.1)), Other aspects of the Exchange’s specifically permitted by an provided the accounts are not in 48 proposal expand the list of permitted exception.’’ The Exchange further separate aggregation units or otherwise explains that: off-floor transactions and purport to subject to information barrier or account [w]hile [the commenter] references codify certain preexisting Exchange segregation requirements.’’ In response, interpretations concerning the nature accounts of the ‘‘same market participant,’’ it the Exchange asserts that ‘‘the phrases also references a ‘‘no change transfer’’ which, and extent of permitted off-floor ‘information barriers’ and ‘aggregation transfers. In particular, the Exchange again, could result in a position transfer units’ are widely understood throughout between accounts of different entities (and proposes to add into the Rule provisions the financial industry.’’ 43 The Exchange thus different market participants) with the specifying that off-floor transfers may same beneficial owner. The Exchange not (1) net against another position or Exchange to grant an exemption from Cboe Rule believes accounts of different Persons, even result in preferential margin or haircut 5.12 to allow additional types of off-floor transfers, with the same beneficial owner, could be treatment (‘‘netting restriction’’) or (2) the revised rule text makes it clear that such be used to facilitate non-routine, non- exemptions may only be granted on rare occasions 44 See Cboe Response Letter, supra note 9, at 13. when necessary or appropriate for the maintenance 45 See Group One Letter, supra note 7, at 2; SIG recurring movements of positions of a fair and orderly market and the protection of (‘‘frequency restriction’’).37 December 2019 Letter, supra note 10, at 3, 8; SIG investors and where the exemption is in the public August 2019 Letter, supra note 7, at 6, 8. interest, including due to unusual or extraordinary 46 See Group One Letter, supra note 7, at 1. 32 See Cboe Response Letter, supra note 9, at 4. circumstances. 47 See Group One Letter, supra note 7, at 2. See 33 38 See Group One Letter, supra note 7, at 2; SIG See Cboe Response Letter, supra note 9, at 4. also SIG December 2019 Letter, supra note 10, at 34 August 2019 Letter, supra note 7, at 6. See Cboe Response Letter, supra note 9, at 9. 9 (noting that pursuant to Rule 5.12, no member 39 35 See SIG December 2019 Letter, supra note 10, See Group One Letter, supra note 7, at 2. ‘‘acting as principal or agent may effect transactions at 5. 40 See Cboe Response Letter, supra note 9, at 10. . . . ’’ and arguing that ‘‘[n]o change transfers do 36 See Cboe Response Letter, supra note 9, at 4 41 See Cboe Response Letter, supra note 9, at 10. not reflect one’s intent to buy from and sell to and 1–2. 42 See SIG December 2019 Letter, supra note 10, oneself, but simply to move what one already holds 37 See proposed Cboe Rule 6.7(b) and (g). While at 2; SIG August 2019 Letter, supra note 7, at 3. on one’s books and records for risk management.’’). the amended Rule will continue to allow the 43 See Cboe Response Letter, supra note 9, at 13. 48 Cboe Response Letter, supra note 9, at 11.

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used to circumvent the normal auction account’’ through which ‘‘positions in able to review them for compliance with process if, for example, those accounts were Market-Maker subaccounts registered applicable rules. being used for different trading businesses. across multiple options exchanges IV. Solicitation of Comments on Therefore, the Exchange limited the proposed automatically transfer into a single exception to transfers between accounts of Amendment Nos. 1 and 2 to the 49 universal account and net against other the same Person. Proposed Rule Change positions in the universal account.’’ 56 In short, Cboe believes that the Accordingly, the Exchange asserts that Interested persons are invited to commenters seek an interpretation that ‘‘there is in fact a cost-efficient method submit written data, views, and is beyond the scope of the proposed rule arguments concerning whether 50 available for Market-Makers to offset change. positions, and thus not create this Amendment Nos. 1 and 2 are consistent Similarly, one commenter argues that perceived harm on investors.’’ 57 The with the Act. Comments may be to the extent that the proposal overly Exchange further asserts that: submitted by any of the following restricts off-floor transfers of positions methods: that could otherwise be netted for risk The Commenters have not provided any management purposes, the result is to reasoning as to why the proposed exceptions Electronic Comments potentially harm some market makers will create new burdens that do not exist • Use the Commission’s internet and needlessly inflate open interest.51 today; they merely wish the Exchange would comment form (http://www.sec.gov/ The commenter suggests that the expand the exceptions to address issues that rules/sro.shtml); or proposal may force market makers who the Proposal is not intended to address. The Exchange notes again that if the Commission • Send an email to rule-comments@ wish to avoid the appearance of wash disapproves the Proposal, Commenters sales to undertake expensive sec.gov. Please include File Number SR– would continue to be prohibited from CBOE–2019–035 on the subject line. alternatives like carrying positions until effecting the ‘‘no change’’ transfers they expiration or paying the spread to trade support.58 Paper Comments 52 out of a position. According to the • commenter, market makers often The Commission believes that the Send paper comments in triplicate assume unwanted positions from Exchange has addressed the to Secretary, Securities and Exchange customer facilitations and some market commenters’ concerns. Accepting the Commission, 100 F Street NE, makers that do not use a ‘‘universal Exchange’s position that its proposal is Washington, DC 20549–1090. account’’ nevertheless may find post- not designed to materially change the All submissions should refer to File trade opportunities to hedge or close existing intended scope of its off-floor Number SR–CBOE–2019–035. This file positions, which could be more transfer rule, the Commission finds that number should be included on the efficiently accomplished through an off- the Exchange has articulated a subject line if email is used. To help the floor transfer.53 The commenter states reasonable explanation for its proposal Commission process and review your that the inability to use off-floor and that commenters are seeking comments more efficiently, please use transfers to reduce risk could raise a material changes to the underlying rule only one method. The Commission will market maker’s expenses and result in itself that are beyond the scope of its post all comments on the Commission’s wider quotes by impacted market more narrowly-tailored proposal. The internet website (http://www.sec.gov/ makers that ultimately could harm current and proposed exceptions that rules/sro.shtml). Copies of the investors.54 allow certain off-floor transfers are submission, all subsequent In response, the Exchange notes that based on specified, limited legal amendments, all written statements is proposal ‘‘adopts no new restrictions situations or one-time events, not with respect to the proposed rule on off-floor position transfers, but in fact regular business practices such as risk change that are filed with the only adopts narrowly defined, management or hedging activities. As Commission, and all written additional circumstances under which the Exchange notes, other alternatives, communications relating to the such transfers are permissible’’ and it including universal accounts, exist and proposed rule change between the ‘‘disputes the characterization of the may be utilized to avoid the potential Commission and any person, other than Proposal as creating restrictions and harms envisioned by one commenter, those that may be withheld from the curtailing flexibility.’’ 55 Further, the such as excessive risk, wash sales, and public in accordance with the Exchange points to other procedures overstating open interest. The provisions of 5 U.S.C. 552, will be that ‘‘support and encourage Market- Commission believes that the proposed available for website viewing and Maker liquidity and foster tighter provisions, including the netting printing in the Commission’s Public quotes,’’ such as the ‘‘universal restriction and frequency restriction, are Reference Room, 100 F Street NE, designed to perfect the mechanism of a Washington, DC 20549, on official 49 Cboe Response Letter, supra note 9, at 11. free and open market and a national business days between the hours of 50 See Cboe Response Letter, supra note 9, at 9. market system, and, in general, to 10:00 a.m. and 3:00 p.m. Copies of the 51 See SIG December 2019 Letter, supra note 10, protect investors and the public interest, filing also will be available for at 3; SIG August 2019 Letter, supra note 7, at 8. In addition, the commenter stated that the prohibition by assuring that off-floor transfers are inspection and copying at the principal on netting stemmed from concerns from floor conducted in a manner consistent with office of the Exchange. All comments brokers ‘‘troubled by apparent changes in publicly the Exchange’s rules. In addition, the received will be posted without change. disseminated open interest (from off-floor Commission believes that the Persons submitting comments are transferring) without the opportunity to trade in those instances.’’ See SIG December 2019 Letter, requirement for the parties to provide cautioned that we do not redact or edit supra note 10, at 10. written notice to the Exchange and personal identifying information from 52 See SIG December 2019 Letter, supra note 10, maintain detailed records of each comment submissions. You should at 3, 10; SIG August 2019 Letter, supra note 7, at transfer will ensure that the Exchange is submit only information that you wish 3–4, 6. made aware of off-floor transfers and is to make available publicly. All 53 See SIG December 2019 Letter, supra note 10, at 8–9. submissions should refer to File 54 See SIG December 2019 Letter, supra note 10, 56 Cboe Response Letter, supra note 9, at 7. Number SR–CBOE–2019–035 and at 9; SIG August 2019 Letter, supra note 7, at 4. 57 Cboe Response Letter, supra note 9, at 7. should be submitted on or before April 55 Cboe Response Letter, supra note 9, at 6. 58 Cboe Response Letter, supra note 9, at 9. 15, 2020.

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V. Accelerated Approval of Proposed SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Rule Change, as Modified by COMMISSION Statement of the Purpose of, and Amendment Nos. 1 and 2 Statutory Basis for, the Proposed Rule Change The Commission finds good cause to [Release No. 34–88427; File No. SR–LTSE– 2020–07] approve the proposed rule change, as 1. Purpose modified by Amendment Nos. 1 and 2, Self-Regulatory Organizations; Long- The Exchange proposes to amend prior to the thirtieth day after the date Term Stock Exchange, Inc.; Notice of Rule 11.280 concerning the resumption of publication of notice of the filing of Filing and Immediate Effectiveness of of trading following a Level 3 market- Amendment Nos. 1 and 2 in the Federal a Proposed Rule Change Amending wide circuit breaker halt. The Exchange Register. As discussed above, in Rule 11.280 Concerning the is proposing this rule change in conjunction with other national Amendment No. 1, the Exchange Resumption of Trading Following a securities exchanges and the Financial deleted from the proposed rule change Level 3 Market-Wide Circuit Breaker 59 Industry Regulatory Authority its proposal to permit RWA transfers. Halt The Commission notes that the (‘‘FINRA’’). Exchange subsequently refiled the RWA March 19, 2020. Rule 11.280 provides a methodology transfer proposal as a separate proposed for determining when to halt trading in Pursuant to Section 19(b)(1) of the all stocks due to extraordinary market rule change filing in SR–CBOE–2019– Securities Exchange Act of 1934 (the 044.60 Additionally, in Amendment No. volatility (i.e., market-wide circuit ‘‘Act’’),1 and Rule 19b–4 thereunder,2 breakers). The market-wide circuit 2 the Exchange revised the proposal to notice is hereby given that on March 19, breaker under Rule 11.280 provides an update cross-references to Cboe rules 2020, Long-Term Stock Exchange important, automatic mechanism that is throughout the proposed rules to reflect (‘‘LTSE’’ or the ‘‘Exchange’’) filed with invoked to promote stability and separate amendments it made to its the Securities and Exchange investor confidence during a period of rulebook in connection with the Commission (the ‘‘Commission’’) the significant stress when securities Exchange’s technology migration; proposed rule change as described in markets experience extreme broad-based relocated the proposed Rule 6.49A to Items I and II below, which Items have declines. All U.S. equity exchanges and Rule 6.7; and made conforming changes been prepared by the self-regulatory FINRA adopted uniform rules on a pilot to its proposed rule change to reflect the organization. The Commission is basis relating to market-wide circuit 61 new rule number. The Commission publishing this notice to solicit breakers (‘‘MWCB’’) in 2012 (‘‘MWCB believes that Amendment Nos. 1 and 2 comments on the proposed rule change Rules’’), which are designed to slow the make technical amendments to the from interested persons. effects of extreme price movement proposed rule changes and do not raise through coordinated trading halts across any novel regulatory issues. I. Self-Regulatory Organization’s securities markets when severe price Accordingly, the Commission finds Statement of the Terms of Substance of declines reach levels that may exhaust good cause, pursuant to Section 19(b)(2) the Proposed Rule Change market liquidity.3 Market-wide circuit of the Act,62 to approve the proposed breakers provide for trading halts in all LTSE proposes a rule change to rule change, as modified by Amendment equities and options markets during a amend Rule 11.280 concerning the Nos. 1 and 2, on an accelerated basis. severe market decline as measured by a resumption of trading following a Level single-day decline in the S&P 500 Index. VI. Conclusion 3 market-wide circuit breaker halt. Pursuant to Rule 11.280, a market- wide trading halt will be triggered if the It is therefore ordered, pursuant to The text of the proposed rule change 63 is available at the Exchange’s website at S&P 500 Index declines in price by Section 19(b)(2) of the Act, that the specified percentages from the prior proposed rule change (SR–CBOE–2019– https://longtermstockexchange.com/, at the principal office of the Exchange, and day’s closing price of that index. 035), as modified by Amendment No. 1 Currently, the triggers are set at three and 2, be, and hereby is, approved on at the Commission’s Public Reference Room. circuit breaker thresholds: 7% (Level 1), an accelerated basis. 13% (Level 2), and 20% (Level 3). A For the Commission, by the Division of II. Self-Regulatory Organization’s market decline that triggers a Level 1 or Trading and Markets, pursuant to delegated Statement of the Purpose of, and Level 2 halt after 9:30 a.m. ET and authority.64 Statutory Basis for, the Proposed Rule before 3:25 p.m. ET would halt market- J. Matthew DeLesDernier, Change wide trading for 15 minutes, while a Assistant Secretary. similar market decline at or after 3:25 In its filing with the Commission, the p.m. ET would not halt market-wide [FR Doc. 2020–06188 Filed 3–24–20; 8:45 am] self-regulatory organization included trading. A market decline that triggers a BILLING CODE 8011–01–P statements concerning the purpose of Level 3 halt at any time during the and basis for the proposed rule change trading day would halt market-wide and discussed any comments it received trading until the primary listing market on the proposed rule change. The text opens the next trading day. of these statements may be examined at the places specified in Item IV below. 3 See Securities Exchange Act Release No. 67090 The self-regulatory organization has (May 31, 2012), 77 FR 33531 (June 6, 2012) (SR– BATS–2011–038; SR–BYX–2011–025; SR–BX– 59 See Amendment No. 1, supra note 4. prepared summaries, set forth in 2011–068; SR–CBOE–2011–087; SR–C2–2011–024; 60 See Amendment No. 1, supra note 4. Sections A, B, and C below, of the most SR–CHX–2011–30; SR–EDGA–2011–31; SR–EDGX– 61 See Amendment No. 2, supra note 6. significant aspects of such statements. 2011–30; SR–FINRA–2011–054; SR–ISE–2011–61; SR–NASDAQ–2011–131; SR–NSX–2011–11; SR– 62 15 U.S.C. 78s(b)(2). NYSE–2011–48; SR–NYSEAmex–2011–73; SR– 63 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). NYSEArca–2011–68; SR-Phlx–2011–129) (‘‘MWCB 64 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. Approval Order’’).

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Today, in the event that a Level 3 proposed rule change would therefore The Exchange will announce the market decline occurs, the Exchange allow each exchange to resume trading implementation date of the amendment would halt trading for the remainder of in all securities the next trading day to Rule 11.280(b)(2) by information the trading day, and would not resume following a Level 3 halt at whatever circular. until the primary listing market opens time such exchange normally begins 2. Statutory Basis the next trading day. On the next trading under its rules, which for the trading day, the Exchange would remain Exchange would be at the beginning of The Exchange believes that the closed for all symbols until the primary the Pre-Market Session at 8:00 a.m. ET proposed rule change is consistent with listing market opens the next trading under its current rules. The Exchange the provisions of Section 6 of the Act,8 day.4 also expects that the primary listing in general, and furthers the objectives of Upon feedback from industry exchanges will facilitate this change by Section 6(b)(5) of the Act,9 in particular, participants, the Exchange has been sending resume messages to the in that it is designed to prevent working with other national securities applicable securities information fraudulent and manipulative acts and exchanges and FINRA to establish a processor (‘‘SIP’’) to lift the Level 3 practices, promote just and equitable standardized approach for resuming trading halt message in all securities. principles of trade, to foster cooperation trading in all NMS Stocks following a The resumption messages will be and coordination with persons engaged Level 3 halt. The proposed approach disseminated after the SIP has started on in facilitating transactions in securities, would allow for the opening of all the next trading day and before the start to remove impediments to and perfect securities the next trading day after a of the earliest pre-market trading session the mechanism of a free and open Level 3 halt as a regular trading day, and of all exchanges. If a security is market and a national market system is designed to ensure that Level 3 separately subject to a regulatory halt and, in general, to protect investors and MWCB events are handled in a more that has not ended, the primary listing the public interest. The market-wide circuit breaker consistent manner that is transparent for exchange would replace the Level 3 halt mechanism under Rule 11.280 is an market participants.5 message with the applicable regulatory important, automatic mechanism that is As proposed, a Level 3 halt would halt message. invoked to promote stability and end at the end of the trading day on Having a consistent approach for all which it is declared. This proposed investor confidence during a period of securities will make the opening process significant stress when securities change would allow for next-day trading the day after a Level 3 halt more to resume in all NMS Stocks no markets experience extreme broad-based uniform and reduce complexity, which declines. The Exchange believes that the differently from any other trading day. the Exchange believes is important after In other words, an exchange could proposed rule change promotes just and a significant market event. Based on equitable principles of trade in that it resume trading in any security when it industry feedback, the Exchange first begins trading under its rules and promotes transparency and uniformity believes that resuming trading in the across markets concerning when and would not need to wait for the primary normal course in all equity securities listing market to re-open trading in a how to halt trading in all stocks as a will be more beneficial to the result of extraordinary market volatility, security before it could start trading marketplace. By allowing trading to such security.6 Accordingly, under the and how the markets will resume resume after a Level 3 halt in all trading following a Level 3 market proposal, the Exchange could begin securities no differently from any trading all securities at the beginning of decline. As described above, the normal trading day under the respective Exchange, together with other national the Exchange’s Pre-Market Session at rules of each exchange, the proposed 8:00 a.m. ET,7 regardless of whether the securities exchanges and FINRA, is rule change would provide greater seeking to adopt a standardized primary listing markets for those certainty to the marketplace by ensuring securities have actually opened. approach related to resuming trading in a familiar experience for all market NMS Stocks after a Level 3 MWCB halt. To effect this change, the Exchange participants that trade NMS Stocks and proposes to delete the language in Rule In this regard, the Exchange believes balances out potential concerns around that the proposal to resume trading in 11.280(b)(2) requiring the Exchange to volatility. While the Exchange wait until the primary listing exchange all securities following a Level 3 halt in recognizes that the impact of this the same manner that securities would opens the next trading day following a proposal is to permit all securities to be Level 3 market decline, and specify that open trading on a regular trading day traded in the various exchanges’ early will benefit investors, the national the Exchange will halt trading for the trading sessions, which do not have remainder of the trading day. The market system, Exchange members, and certain price protections for volatility the Exchange market by promoting a fair such as LULD Bands or MWCB 4 See LTSE Rule 11.280(b)(2). and orderly market and reducing 5 Of note, the U.S. futures markets, which have protections, the Exchange nonetheless confusion during a significant cross- similar rules for coordinated MWCB halts, normally believes that this outcome is market event. By allowing trading to begin their ‘‘next day’’ trading session at 6:00 p.m. outweighed by the benefits provided by resume after a Level 3 halt in all ET (for CFE and CME) or at 8:00 p.m. ET (for ICE). resuming trading in the early trading If the U.S. futures markets amend their MWCB securities no differently from any rules, as needed, to allow for normal course trading sessions in a manner that is more normal trading day under the respective following a Level 3 halt, the futures markets would familiar to the marketplace. Moreover, rules of each exchange, the proposed resume trading in their normal course at 6:00 p.m. allowing the resumption of trading to rule change would provide greater ET (CFE and CME) or 8:00 p.m. ET (ICE) the same occur on the various exchanges at the certainty to the marketplace by ensuring day as the Level 3 halt. beginning of their early trading sessions 6 The Exchange anticipates that the other national a familiar experience for all market securities exchanges and FINRA will also file in all NMS Stocks will allow for price participants that trade NMS Stocks. similar proposals to amend their MWCB rules on formation to occur earlier in the trading Based on the foregoing, the Exchange the resumption of trading following Level 3 halts, day, which in turn allows market believes the benefits to market and amend their rules, where required, to have their participants to react to news that has Level 3 next-day openings happen normally. participants from the MWCB under Rule 7 The term ‘‘Pre-Market Session’’ refers to the developed. As such, trading at the time between 8:00 a.m. and 9:30 a.m. Eastern Time. beginning of regular hours may be more 8 15 U.S.C. 78f. See LTSE Rule 1.160(dd). orderly. 9 15 U.S.C. 78f(b)(5).

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11.280 with the proposed standardized may designate a shorter time if such number should be included on the process for resuming trading in all action is consistent with the protection subject line if email is used. To help the securities following a Level 3 halt will of investors and the public interest. The Commission process and review your promote fair and orderly markets, and Exchange has asked the Commission to comments more efficiently, please use protect investors and the public interest. waive the 30-day operative delay so that only one method. The Commission will the proposal may become operative post all comments on the Commission’s B. Self-Regulatory Organization’s immediately upon filing. The internet website (http://www.sec.gov/ Statement on Burden on Competition Commission believes that waiving the rules/sro.shtml). Copies of the The Exchange does not believe that 30-day operative delay is consistent submission, all subsequent the proposed rule change will impose with the protection of investors and the amendments, all written statements any burden on competition that is not public interest. The Commission notes with respect to the proposed rule necessary or appropriate in furtherance that it approved a substantively change that are filed with the of the purposes of the Act. The similarly proposed rule change Commission, and all written Exchange believes that the proposed submitted by The Nasdaq Stock Market communications relating to the Level 3 rule change described above LLC.15 Waiver of the operative delay proposed rule change between the would standardize the opening process will ensure consistency across the Commission and any person, other than for all securities on the Exchange, which market centers and the timely those that may be withheld from the would make the opening process the implementation of the proposed rule public in accordance with the day after a Level 3 halt more uniform change. Accordingly, the Commission provisions of 5 U.S.C. 552, will be and reduce complexity. Further, the waives the 30-day operative delay and available for website viewing and Exchange understands that FINRA and designates the proposed rule change printing in the Commission’s Public other national securities exchanges will operative upon filing.16 Reference Room, 100 F Street NE, file similar proposals to adopt the At any time within 60 days of the Washington, DC 20549 on official proposed Level 3 rule change. filing of such proposed rule change, the business days between the hours of C. Self-Regulatory Organization’s Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the Statement on Comments on the temporarily suspend such rule change if filing also will be available for Proposed Rule Change Received From it appears to the Commission that such inspection and copying at the principal Members, Participants, or Others action is necessary or appropriate in the office of LTSE and on its internet public interest, for the protection of website at https:// Written comments were neither investors, or otherwise in furtherance of longtermstockexchange.com/. All solicited nor received. the purposes of the Act. If the comments received will be posted III. Date of Effectiveness of the Commission takes such action, the without change. Persons submitting Proposed Rule Change and Timing for Commission shall institute proceedings comments are cautioned that we do not Commission Action under Section 19(b)(2)(B) 17 of the Act to redact or edit personal identifying information from comment submissions. The Exchange has filed the proposed determine whether the proposed rule You should submit only information rule change pursuant to Section change should be approved or that you wish to make available 19(b)(3)(A)(iii) of the Act 10 and Rule disapproved. 11 publicly. 19b–4(f)(6) thereunder. Because the IV. Solicitation of Comments All submissions should refer to File proposed rule change does not: (i) Interested persons are invited to Number SR–LTSE–2020–07 and should Significantly affect the protection of submit written data, views and be submitted on or before April 15, investors or the public interest; (ii) arguments concerning the foregoing, 2020. impose any significant burden on including whether the proposed rule competition; and (iii) become operative For the Commission, by the Division of change is consistent with the Act. prior to 30 days from the date on which Trading and Markets, pursuant to delegated Comments may be submitted by any of authority.18 it was filed, or such shorter time as the the following methods: J. Matthew DeLesDernier, Commission may designate, if consistent with the protection of Electronic Comments Assistant Secretary. [FR Doc. 2020–06191 Filed 3–24–20; 8:45 am] investors and the public interest, the • Use the Commission’s internet BILLING CODE 8011–01–P proposed rule change has become comment form (http://www.sec.gov/ effective pursuant to Section 19(b)(3)(A) rules/sro.shtml); or of the Act and Rule 19b–4(f)(6)(iii) • Send an email to rule-comments@ thereunder.12 sec.gov. Please include File Number SR– OFFICE OF THE UNITED STATES A proposed rule change filed under LTSE–2020–07 on the subject line. TRADE REPRESENTATIVE 13 Rule 19b–4(f)(6) normally does not [Docket Number USTR–2020–0014] become operative prior to 30 days after Paper Comments the date of the filing. However, pursuant • Send paper comments in triplicate Request for Comments on Additional to Rule 19b4(f)(6)(iii),14 the Commission to Vanessa Countryman, Secretary, Modifications to the 301 Action To Securities and Exchange Commission, Address COVID–19: China’s Acts, 10 15 U.S.C. 78s(b)(3)(A)(iii). 100 F Street NE, Washington, DC 20549. Policies, and Practices Related to 11 17 CFR 240.19b–4(f)(6). All submissions should refer to File Technology Transfer, Intellectual 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Property, and Innovation 4(f)(6) requires a self-regulatory organization to give Number SR–LTSE–2020–07. This file the Commission written notice of its intent to file AGENCY: Office of the United States the proposed rule change at least five business days 15 See Securities Exchange Act Release No. 88360 prior to the date of filing of the proposed rule (March 11, 2020) (SR–NASDAQ–2020–003). Trade Representative. change, or such shorter time as designated by the 16 For purposes only of waiving the 30-day ACTION: Notice and request for Commission. The Commission has waived the pre- operative delay, the Commission has considered the comments. filing requirement. proposed rule’s impact on efficiency, competition, 13 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). 14 17 CFR 240.19b–4(f)(6)(iii). 17 15 U.S.C. 78s(b)(2)(B). 18 17 CFR 200.30–3(a)(12).

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SUMMARY: In prior notices, the U.S. and 4 are still in process, and are not identity of the particular product in Trade Representative has modified the affected by this notice. terms of its functionality and physical action in the Section 301 investigation Throughout the exclusion process, characteristics (e.g., dimensions, of China’s acts, policies, and practices USTR assessed medical necessity in material composition, or other related to technology transfer, granting exclusions, consistent with its characteristics). Commenters may intellectual property, and innovation by published criteria. In addition, the U.S. provide information concerning the removing additional duties from Trade Representative, in consultation producer, importer, ultimate consumer, medical-care products needed to with the Department of Health and or trademarks or tradenames, but this is Human Services (HHS), prioritized the address the COVID–19 outbreak. In light less helpful. of ongoing developments, the Office of review of exclusion requests addressed the U.S. Trade Representative (USTR) is to medical-care products related to the C. Submission Instructions requesting public comments on possible U.S. response to COVID–19, and granted further modifications to remove duties approximately 200 separate exclusions All submissions must be in English from additional medical-care products. on March 5, 2020. See 85 FR 13970 and sent electronically via (March 10, 2020), 85 FR 15015 (March Regulations.gov. To submit comments DATES: The docket for comments will 16, 2020), and 85 FR 15244 (March 17, via www.regulations.gov, enter docket remain open at least until June 25, 2020, 2020). The exclusions covered personal number USTR–2020–0014 on the home and may be extended as appropriate. To protective equipment products and page and click ‘search.’ The site will facilitate timely consideration of other medical-care related products. possible modifications, interested provide a search-results page listing all parties should submit comments as B. Request for Public Comments documents associated with this docket. promptly as possible. To be assured of Find a reference to this notice and click In order to reflect developments in the on the link titled ‘comment now!’ For consideration, any responses to efforts to respond to the COVID–19 further information on using the comments should be submitted within outbreak, USTR is requesting public www.regulations.gov website, please three business days after a comment is comments on possible further posted in the docket. modifications to remove duties from consult the resources provided on the website by clicking on ‘How to Use ADDRESSES: USTR strongly prefers additional medical-care products. USTR electronic submissions made through invites comments from interested Regulations.gov’ on the bottom of the the Federal eRulemaking Portal: http:// persons with respect to whether a home page. USTR will not accept hand- www.regulations.gov (Regulations.gov). particular product covered by the action delivered submissions. Follow the instructions for submitting in this investigation is needed to The Regulations.gov website allows requests for exclusion and responses to respond to the COVID–19 outbreak. The users to submit comments by filling in requests in Section C below. The docket docket for comments will remain open a ‘comment’ field or by attaching a number is USTR–2020–0014. at least until June 25, 2020, and may be document using an ‘upload file’ field. extended as appropriate. To facilitate FOR FURTHER INFORMATION CONTACT: For USTR prefers that you submit comments questions about this notice, contact timely consideration of possible in an attached document. If you attach Associate General Counsels Philip modifications, interested persons a document, it is sufficient to type ‘see Butler or Megan Grimball at (202) 395– should submit comments as promptly as attached’ in the ‘comment’ field. USTR possible. Interested persons may also 5725. prefers submissions in Microsoft Word submit responses to comments. To be (.doc) or searchable Adobe Acrobat SUPPLEMENTARY INFORMATION: assured of consideration, any responses (.pdf). If you use an application other A. Background to comments should be submitted within three business days after a than those two, please indicate the At the direction of the President, the comment is posted in the docket. USTR name of the application in the U.S. Trade Representative has imposed will review comments on a rolling basis. ‘comment’ field. duties on products of China in order to Each comment specifically must File names should reflect the name of obtain the elimination of the unfair and identify the particular product of the person or entity submitting the damaging acts, policies, and practices concern and explain precisely how the comments. Please do not attach separate identified in this investigation. The product relates to the response to the cover letters to electronic submissions; duties have been imposed in four COVID–19 outbreak. For example, the rather, include any information that tranches. See 83 FR 28719 (June 20, comment may address whether a might appear in a cover letter in the 2018), 83 FR 40823 (August 16, 2018), product is directly used to treat COVID– comments themselves. Similarly, to the 83 FR 47974 (September 21, 2018), as 19 or to limit the outbreak, and/or extent possible, please include any modified by 83 FR 49153 (September whether the product is used in the 28, 2018), and 84 FR 43304 (August 20, exhibits, annexes, or other attachments production of needed medical-care in the same file as the comment itself, 2019), as modified by 84 FR 69447 and products. 85 FR 3741. Comments may be submitted rather than submitting them as separate For each tranche, the U.S. Trade regarding any product covered by the files. Representative established a process by action in the investigation, regardless of You can view submissions on the which U.S. stakeholders could request whether the product is subject to a Regulations.gov website by entering exclusion of particular products pending or denied exclusion request. docket number USTR–2020–0014 in the classified within an eight-digit In order to facilitate timely search field on the home page. Harmonized Tariff Schedule of the consideration of possible modifications, United States (HTSUS) subheading commenters should define the product Joseph Barloon, covered by the action. See 83 FR 32181 of concern as precisely as possible. All General Counsel, Office of the United States (July 11, 2018), 83 FR 47236 (September comments must include the following Trade Representative. 18, 2018), 84 FR 29576 (June 24, 2019), information, to the extent possible: The [FR Doc. 2020–06285 Filed 3–23–20; 8:45 am] and 84 FR 57144 (October 24, 2019). ten-digit subheading of the HTSUS BILLING CODE 3290–F0–P The exclusion processes for tranches 3 applicable to the product, and the

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DEPARTMENT OF TRANSPORTATION Background Level 4 Health Advisory—Do Not In a notice that the FAA issued on Travel, advising U.S. citizens to avoid Federal Aviation Administration March 11, 2020, and published in the all international travel due to the global impact of COVID–19. As of March 20, Orders Limiting Operations at John F. Federal Register on March 16, 2020 (85 FR 15018), the FAA announced certain Coronavirus had been detected in over Kennedy International Airport and New 150 countries and every state in the York LaGuardia Airport; High Density relief through May 31, 2020, in light of impacts on air travel demand related to United States. Whereas on March 11 the Traffic Airports Rule at Ronald Reagan WHO reported 118,319 confirmed Washington National Airport the outbreak of novel 2019 coronavirus (also known as ‘‘SARS–CoV–2,’’ causing COVID–19 cases globally (including 696 AGENCY: Department of Transportation, the disease COVID–19) (‘‘Coronavirus’’). in the United States), on March 21 the Federal Aviation Administration (FAA). As announced in that notice, through WHO reported 266,073 confirmed ACTION: Notice of opportunity to show May 31, 2020, the FAA will waive the COVID–19 cases globally (including cause and request for information minimum usage requirement as to any 15,219 in the United States). regarding extension of a limited waiver slot associated with a scheduled Since issuing the March 11, 2020, of the minimum slot usage requirement. nonstop flight between JFK, LGA, or notice, the FAA continues to receive DCA, respectively, and other points that cancelation notices at slot-controlled SUMMARY: The FAA has tentatively is canceled as a direct result of airports in the United States, which determined to extend through October Coronavirus-related impacts.1 In include JFK, LGA, and DCA, as well as 24, 2020, the coronavirus (COVID–19)- addition, that notice announced that the U.S. airports designated as IATA Level related limited waiver of the minimum FAA will prioritize flights canceled due 2, for flights to and from areas with slot usage requirement at John F. to Coronavirus at designated IATA significant Coronavirus outbreaks. U.S. Kennedy International Airport (JFK), Level 2 airports in the United States— and foreign carriers have continued to New York LaGuardia Airport (LGA), and including ORD, EWR, LAX, and SFO— urge the FAA to extend relief through Ronald Reagan Washington National through May 31, 2020, for purposes of the Summer 2020 scheduling season, Airport (DCA) that the FAA has already establishing a carrier’s operational which ends on October 24, 2020. IATA, which asserts that it represents made available through May 31, 2020. baseline in the next corresponding some 290 airlines comprising 82% of Similarly, the FAA has tentatively season.2 In granting this relief, the FAA global air traffic, stated in a March 3, determined to extend through October asserted its expectation that foreign slot 2020, press release that offering relief 24, 2020, its coronavirus-related policy coordinators would accommodate U.S. through the Summer 2020 season ‘‘will for prioritizing flights canceled at carriers with reciprocal relief. The FAA mean that airlines can respond to designated International Air Transport further stated that it would continue to market conditions with appropriate Association (IATA) Level 2 airports in monitor the situation and might capacity levels, avoiding any need to the United States, for purposes of augment the waiver as circumstances run empty services in order to maintain establishing a carrier’s operational warrant. baseline in the next corresponding Since the FAA issued that notice on slots.’’ According to IATA, without season. These IATA Level 2 airports March 11, 2020, the Coronavirus has certainty through the Summer 2020 include Chicago O’Hare International continued to cause greater disruption. season, ‘‘airlines are unable to plan Airport (ORD), Newark Liberty On March 11, the World Health ahead sufficiently to ensure efficient International Airport (EWR), Los Organization (WHO) characterized rostering of crew or deployment of Angeles International Airport (LAX), COVID–19 as a pandemic, as the rates aircraft.’’ On March 16, 2020, the FAA received and San Francisco International Airport of infection continued to rise in many a letter addressed to responsible slot (SFO). These extensions through locations around the world and across authorities from leaders of twenty-three October 24, 2020, would be on the same the United States. On March 13, the airlines around the world, including terms as the relief that the FAA already President of the United States United Airlines from the United States, has announced through May 31, 2020. proclaimed that the COVID–19 outbreak requesting ‘‘a global waiver from This notice affords interested persons an in the United States constitutes a standard slot usage rules through opportunity to show cause why the FAA national emergency. On March 16, the summer 2020 to obtain flexibility for should or should not finalize this President and the White House capacity reductions in light of tentative decision to extend relief Coronavirus Task Force announced a diminishing passenger demand, and to through October 24, 2020, and to submit program called ‘‘15 Days to Slow the help stabilize a very tenuous operational any information relevant to making this Spread,’’ a nationwide effort to slow the and commercial environment.’’ The decision. The FAA anticipates spread of COVID–19 in the United letter asserts ‘‘[h]aving such a waiver in subsequently providing notice of its States through the implementation of hand will help us plan our operations final decision. social distancing at all levels of society, over the summer months in a manner to DATES: including a recommendation to avoid Submit comments on or before maximize global connectivity and March 30, 2020. discretionary travel. On March 19, the Department of State issued a Global efficiency.’’ United Airlines announced ADDRESSES: Submit written views and on March 17, 2020, that it would supporting data by email to the Slot implement a 60% schedule reduction Administration Office at 7-awa- 1 Although DCA and LGA are not designated as IATA Level 3 slot-controlled airports given that for April 2020, including a 42% [email protected]. these airports primarily serve domestic reduction across the United States and FOR FURTHER INFORMATION CONTACT: destinations, FAA limits operations at these airports Canada and an 85% decrease in Bonnie Dragotto, Office of the Chief via rules at DCA and an Order at LGA that are equivalent to IATA Level 3. international flights. United Airlines Counsel, Regulations Division, Federal 2 The FAA notes that a minimum usage followed with an announcement on Aviation Administration, 800 requirement does not apply at designated IATA March 20, 2020, that it is reducing its Independence Avenue SW, Washington, Level 2 airports in the United States. Moreover, international schedule by 95% for April DC 20591; telephone: (202) 267–3808; established procedures under the IATA WSG allow for the prioritization of such cancelations in 2020. email: [email protected]. subsequent corresponding seasons consistent with In a March 19, 2020, letter to the FAA, SUPPLEMENTARY INFORMATION: the FAA’s policy statement. American Airlines ‘‘strongly requests’’

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the FAA to ‘‘issue a full usage waiver for decrease dramatically as a result of the DEPARTMENT OF TRANSPORTATION the remainder of the summer 2020 IATA Coronavirus. The ultimate duration and season.’’ American Airlines asserts that severity of Coronavirus impacts on Maritime Administration it ‘‘has taken unprecedented action to passenger demand in the United States [Docket No. MARAD–2020–0056] cut our schedules by more than 75% and internationally remain unclear. internationally and 30% domestically in Even after the pandemic is contained, Requested Administrative Waiver of April alone with significantly more cuts impacts on passenger demand are likely the Coastwise Trade Laws: Vessel in May and beyond into the spring and to continue for some time. LOVE SONG (Sailboat); Invitation for summer months.’’ The FAA tentatively has concluded Public Comments Other U.S. airlines also report significant capacity cuts in the coming that an extension of relief through AGENCY: Maritime Administration, DOT. October 24, 2020, is appropriate to months. Delta Air Lines announced on ACTION: Notice. March 10, 2020, that to align capacity provide carriers with maximum with expected demand, it is reducing flexibility during this unprecedented SUMMARY: The Secretary of system capacity by 15 points versus its situation and to support the long-term Transportation, as represented by the plan, with international capacity viability of carrier operations at slot- Maritime Administration (MARAD), is reduced by 20–25%, and domestic controlled and IATA Level 2 airports in authorized to grant waivers of the U.S.- capacity reduced by 10–15%. JetBlue the United States.3 Continuing relief for build requirements of the coastwise Airways announced on March 18, 2020, this additional period is reasonable to trade laws to allow the carriage of no that it will reduce its capacity by at least mitigate the impacts on demand for air more than twelve passengers for hire on 40% in April and May, and it also travel resulting from the spread of the vessels, which are three years old or expects substantial cuts in June and Coronavirus worldwide. more. A request for such a waiver has July. Southwest Airlines announced on The FAA seeks views and information been received by MARAD. The vessel, March 20, 2020, that it has implemented regarding this tentative decision. and a brief description of the proposed a plan to reduce capacity by at least 20 Interested persons are invited to show service, is listed below. percent for the period from April 14 cause why the FAA should or should DATES: Submit comments on or before through June 5, 2020, driven by a drop not finalize this decision, and to submit April 24, 2020. in travel demand due to the COVID–19 any information relevant to making this ADDRESSES: You may submit comments outbreak. On March 18, 2020, Airlines decision. Written views and supporting identified by DOT Docket Number for America, which describes itself as an data may be submitted no later than MARAD–2020–0056 by any one of the advocate for leading U.S. airlines, March 30, 2020, by email to the Slot following methods: asserted that ‘‘cancellations far outpace Administration Office at 7-awa- • Federal eRulemaking Portal: Go to new bookings for U.S. carriers, planes [email protected]. Information http://www.regulations.gov. Search are only 20–30% full and new bookings submitted to the FAA may be subject to MARAD–2020–0056 and follow the are implying 70–80 percent declines in disclosure under the Freedom of instructions for submitting comments. traffic even as airlines make dramatic Information Act. The FAA recognizes • Mail or Hand Delivery: Docket cuts in capacity—and this is getting that commenters may seek to submit Management Facility is in the West worse each day with no end in sight.’’ business information that is both Building, Ground Floor of the U.S. Opportunity To Show Cause customarily and actually treated as Department of Transportation. The In consideration of the foregoing confidential. Persons that submit such Docket Management Facility location information, the requests that the FAA confidential business information address is: U.S. Department of has received, and the evolving situation, should clearly mark the information as Transportation, MARAD–2020–0056, the FAA has tentatively determined to ‘‘PROPIN’’. The FAA will take the 1200 New Jersey Avenue SE, West extend through October 24, 2020, the necessary steps to protect properly Building, Room W12–140, Washington, relief that the FAA has already granted designated information to the extent DC 20590, between 9 a.m. and 5 p.m., through May 31, 2020, to continue on allowable by law. Monday through Friday, except on the same terms as the FAA announced After receiving and reviewing Federal holidays. in granting that relief. If the FAA comments, the FAA anticipates Note: If you mail or hand-deliver your extends relief to October 24, 2020, the subsequently providing notice of its comments, we recommend that you FAA expects that foreign slot final decision. include your name and a mailing coordinators will provide reciprocal address, an email address, or a Issued in Washington, DC, on March 22, telephone number in the body of your relief to U.S. carriers. To the extent that 2020. U.S. carriers fly to a foreign carrier’s document so that we can contact you if home jurisdiction and that home Lorelei Peter, we have questions regarding your jurisdiction does not offer reciprocal Assistant Chief Counsel for Regulations. submission. relief to U.S. carriers, the FAA may [FR Doc. 2020–06316 Filed 3–23–20; 11:15 am] Instructions: All submissions received determine not to grant a waiver to that BILLING CODE 4910–13–P must include the agency name and foreign carrier. A foreign carrier seeking specific docket number. All comments a waiver may wish to ensure that the 3 The FAA is responsible to develop plans and received will be posted without change responsible authority of the foreign policy for the use of the navigable airspace and to the docket at www.regulations.gov, carrier’s home jurisdiction submits a assign by regulation or order the use of the airspace including any personal information necessary to ensure the safety of aircraft and the provided. For detailed instructions on statement by email to ScheduleFiling@ efficient use of airspace. See 49 U.S.C. 40103(b)(1). dot.gov confirming reciprocal treatment The FAA manages slot usage requirements under submitting comments, see the section of the slot holdings of U.S. carriers. the authority of 14 CFR 93.227 at DCA and under entitled Public Participation. The Coronavirus continues to present the authority of Orders at LGA and JFK. See FOR FURTHER INFORMATION CONTACT: Operating Limitations at John F. Kennedy a highly unusual and unpredictable International Airport, 83 FR 46865 (Sep. 17, 2018); Bianca Carr, U.S. Department of condition that is beyond the control of Operating Limitations at New York LaGuardia Transportation, Maritime carriers. Passenger demand continues to Airport, 83 FR 47065 at 47066 (Sep. 18, 2018). Administration, 1200 New Jersey

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Avenue SE, Room W23–453, Will my comments be made available to SUMMARY: The Internal Revenue Service, Washington, DC 20590. Telephone 202– the public? as part of its continuing effort to reduce 366–9309, Email [email protected]. Yes. Be aware that your entire paperwork and respondent burden, SUPPLEMENTARY INFORMATION: As comment, including your personal invites the general public and other described by the applicant the intended identifying information, will be made Federal agencies to take this service of the vessel LOVE SONG is: publicly available. opportunity to comment on continuing —Intended Commercial Use of Vessel: information collections, as required by ‘‘OUPV 6-pack charter with myself May I submit comments confidentially? the Paperwork Reduction Act of 1995. as a licensed captain on San If you wish to submit comments The IRS is soliciting comments Francisco Bay and coastwise, under a claim of confidentiality, you concerning tip reporting alternative tip mostly CA, possibly occasionally should submit three copies of your agreement used in the cosmetology and up and down the West Coast or over complete submission, including the barber industry. to the Channel Islands and Hawaii’’ information you claim to be confidential DATES: Written comments should be —Geographic Region Including Base of business information, to the Department received on or before May 26, 2020 to Operations: ‘‘California, Hawaii, of Transportation, Maritime be assured of consideration. Washington, Oregon, Florida, Administration, Office of Legislation ADDRESSES: Direct all written comments Puerto Rico, Texas, Louisiana, and Regulations, MAR–225, W24–220, to R. Joseph Durbala, Internal Revenue Mississippi’’ (Base of Operations: 1200 New Jersey Avenue SE, Service, Room 6529, 1111 Constitution Sausalito, CA) Washington, DC 20590. Include a cover Avenue NW, Washington, DC 20224. —Vessel Length and Type: 36′ sailboat letter setting forth with specificity the FOR FURTHER INFORMATION CONTACT: basis for any such claim and, if possible, The complete application is available Requests for additional information or a summary of your submission that can for review identified in the DOT docket copies of the form should be directed to be made available to the public. as MARAD–2020–0056 at http:// Kerry Dennis, at (202) 317–5751 or www.regulations.gov. Interested parties Privacy Act Internal Revenue Service, Room 6529, may comment on the effect this action 1111 Constitution Avenue NW, may have on U.S. vessel builders or In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public Washington, DC 20224, or through the businesses in the U.S. that use U.S.-flag internet, at [email protected]. vessels. If MARAD determines, in to better inform its rulemaking process. SUPPLEMENTARY INFORMATION: accordance with 46 U.S.C. 12121 and DOT posts these comments, without Title: Tip Reporting Alternative Tip MARAD’s regulations at 46 CFR part edit, to www.regulations.gov, as Agreement used in the Cosmetology and 388, that the issuance of the waiver will described in the system of records notice, DOT/ALL–14 FDMS, accessible Barber Industry. have an unduly adverse effect on a U.S.- OMB Number: 1545–1529. vessel builder or a business that uses through www.dot.gov/privacy. To facilitate comment tracking and Announcement Number: 2000–21 and U.S.-flag vessels in that business, a response, we encourage commenters to 2001–01. waiver will not be granted. Comments provide their name, or the name of their Abstract: Announcement 2000–21, should refer to the vessel name, state the organization; however, submission of 2000–19 I.R.B. 983, and Announcement commenter’s interest in the waiver names is completely optional. Whether 2001–1, 2001–2 I.R.B. 277, contain application, and address the waiver or not commenters identify themselves, information required by the Internal criteria given in section 388.4 of all timely comments will be fully Revenue Service in its tax compliance MARAD’s regulations at 46 CFR part considered. If you wish to provide efforts to assist employers and their 388. comments containing proprietary or employees in understanding and Public Participation confidential information, please contact complying with Internal Revenue Code the agency for alternate submission section 6053(a), which requires How do I submit comments? instructions. employees to report all their tips Please submit your comments, (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, monthly to their employers. including the attachments, following the 46 U.S.C. 12121) Current Actions: There are no changes instructions provided under the above being made to the announcement at this Dated: March 20, 2020. heading entitled ADDRESSES. Be advised time. that it may take a few hours or even By Order of the Maritime Administrator. Type of Review: Extension of a days for your comment to be reflected T. Mitchell Hudson, Jr., currently approved collection. on the docket. In addition, your Secretary, Maritime Administration. Affected Public: Business or other for- comments must be written in English. [FR Doc. 2020–06239 Filed 3–24–20; 8:45 am] profit organizations. We encourage you to provide concise BILLING CODE 4910–81–P Estimated Number of Respondents: comments and you may attach 4,600. additional documents as necessary. Estimated Time per Respondent: 9 There is no limit on the length of the DEPARTMENT OF THE TREASURY hours, 22 minutes. attachments. Estimated Total Annual Burden Internal Revenue Service Hours: 43,073 hours. Where do I go to read public comments, The following paragraph applies to all and find supporting information? Proposed Collection; Comment the collections of information covered Go to the docket online at http:// Request Concerning Tip Reporting by this notice. www.regulations.gov, keyword search Alternative Tip Agreement Used in the An agency may not conduct or MARAD–2020–0056 or visit the Docket Cosmetology and Barber Industry sponsor, and a person is not required to Management Facility (see ADDRESSES for AGENCY: Internal Revenue Service (IRS), respond to, a collection of information hours of operation). We recommend that Treasury. unless the collection of information you periodically check the Docket for displays a valid OMB control number. ACTION: Notice and request for new submissions and supporting Books or records relating to a collection comments. material. of information must be retained if their

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contents may become material in the information is necessary for the proper through the use of automated collection administration of any internal revenue performance of the functions of the techniques or other forms of information law. Generally, tax returns and tax agency, including whether the technology; and (e) estimates of capital return information are confidential, as information shall have practical utility; or start-up costs and costs of operation, required by 26 U.S.C. 6103. (b) the accuracy of the agency’s estimate maintenance, and purchase of services Request for Comments: Comments of the burden of the collection of to provide information. submitted in response to this notice will information; (c) ways to enhance the Approved: March 19, 2020. be summarized and/or included in the quality, utility, and clarity of the request for OMB approval. All R. Joseph Durbala, information to be collected; (d) ways to comments will become a matter of IRS Tax Analyst. minimize the burden of the collection of public record. Comments are invited on: [FR Doc. 2020–06211 Filed 3–24–20; 8:45 am] information on respondents, including (a) Whether the collection of BILLING CODE 4830–01–P

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Part II

The President

Memorandum of March 20, 2020—Delegation of Functions Under 31 U.S.C. 5302

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Federal Register Presidential Documents Vol. 85, No. 58

Wednesday, March 25, 2020

Title 3— Memorandum of March 20, 2020

The President Delegation of Functions Under 31 U.S.C. 5302

Memorandum for the Secretary of the Treasury

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Delegation of Authority over the Exchange Stabilization Fund. (a) I hereby delegate the functions and authorities conferred upon the Presi- dent by section 5302 of title 31, United States Code, to the Secretary of the Treasury for use of the Exchange Stabilization Fund in an aggregate amount of up to $50 billion. (b) The functions and authorities delegated by this section may not be redelegated. Sec. 2. General Provisions. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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(d) You are authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, March 20, 2020

[FR Doc. 2020–06398 Filed 3–24–20; 11:15 am] Billing code 3295–F0–P

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Reader Aids Federal Register Vol. 85, No. 58 Wednesday, March 25, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 1738...... 14393 1739...... 14393 Executive orders and proclamations 741–6000 Proclamations: 4290...... 16519 The United States Government Manual 741–6000 9988...... 12715 Proposed Rules: 9989...... 12717 Other Services 51...... 13833 9990...... 12719 210...... 16273, 16572 Electronic and on-line services (voice) 741–6020 9991...... 12721 Privacy Act Compilation 741–6050 215...... 16273, 16572 9992...... 12855 220...... 16273, 16572 9993...... 15045 225...... 16572 ELECTRONIC RESEARCH 9994...... 15337 226...... 16273, 16572 9995...... 15339 235...... 16273 World Wide Web 9996...... 15341 271...... 15304 9997...... 15345 Full text of the daily Federal Register, CFR and other publications 273...... 15304 Executive Orders: is located at: www.govinfo.gov. 319...... 12441 13907...... 12977 331...... 15078 Federal Register information and research tools, including Public 13908...... 12983 930...... 16273 Inspection List and electronic text are located at: 13909...... 16227 932...... 12757 www.federalregister.gov. Administrative Orders: 959...... 15743 Memorandums: E-mail Memorandum of 9 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic February 21, 2020 ...... 13717 Proposed Rules: Mailing List) is an open e-mail service that provides subscribers Memorandum of March 121...... 15078 with a digital form of the Federal Register Table of Contents. The 3, 2020 ...... 13469 digital form of the Federal Register Table of Contents includes Memorandum of March 10 CFR HTML and PDF links to the full text of each document. 11, 2020 ...... 15049 34...... 15347 To join or leave, go to https://public.govdelivery.com/accounts/ Memorandum of March 36...... 15347 USGPOOFR/subscriber/new, enter your email address, then 13, 2020 ...... 15335 39...... 15347 follow the instructions to join, leave, or manage your Memorandum of March 50...... 14736 subscription. 20, 2020 ...... 16995 72...... 12861 Notices: 1004...... 14756 PENS (Public Law Electronic Notification Service) is an e-mail Notice of March 4, Proposed Rules: service that notifies subscribers of recently enacted laws. 2020 ...... 12981 Ch. I...... 13076, 16278 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Notice of March 5, 34...... 15395 and select Join or leave the list (or change settings); then follow 2020 ...... 13473 36...... 15395 the instructions. Order of March 6, 39...... 15395 FEDREGTOC and PENS are mailing lists only. We cannot 2020 ...... 13719 50...... 12442 respond to specific inquiries. 5 CFR 12 CFR Reference questions. Send questions and comments about the 1201...... 12723 3...... 15909, 16232 Federal Register system to: [email protected] 1630...... 12431 9...... 16887, 16888 The Federal Register staff cannot interpret specific documents or 1632...... 12431 201...... 13723, 16523 regulations. 1650...... 12431 204 ...... 13724, 16525, 16526 8301...... 12859 225...... 12398, 14772 FEDERAL REGISTER PAGES AND DATE, MARCH Proposed Rules: 217 ...... 15576, 15909, 16232 2427...... 16915 225...... 15576 12207–12430...... 2 16887–16996...... 25 2429...... 15742 238...... 12398, 14772 12431–12714...... 3 252...... 15576 6 CFR 12715–12858...... 4 324...... 15909, 16232 12859–12982...... 5 5...... 14733, 14734 360...... 12724 12983–13474...... 6 Proposed Rules: 365...... 15916 13475–13718...... 9 5 ...... 13831, 14174, 14176, Ch. X...... 15917 1238...... 16528 13719–14142...... 10 14805 14143–14392...... 11 Proposed Rules: 7 CFR 701...... 13982 14393–14558...... 12 357...... 12207 702...... 13982 14559–14732...... 13 920...... 12860 709...... 13982 14733–15050...... 16 944...... 12985 741...... 13982 15051–15334...... 17 980...... 12985 1006...... 12672 15335–15712...... 18 999...... 12985 15713–15908...... 19 1216...... 16229 13 CFR 15909–16226...... 20 1412...... 16231 107...... 13725 16227–16518...... 23 1437...... 12213, 16231 120...... 13725, 14772 16519–16886...... 24 1464...... 15051 123...... 12862

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134...... 14772 656...... 13024 1601...... 15734 14840, 15082, 15749 142...... 13725 658...... 13024 1978...... 13024 209...... 16307 146...... 13725 667...... 13024 1979...... 13024 34 CFR Proposed Rules: 683...... 13024 1980...... 13024 109...... 12875 702...... 13024 1981...... 13024 300...... 13523 Proposed Rules: 1982...... 13024 361...... 13523 14 CFR 641...... 13086 1983...... 13024 363...... 13523 25 ...... 12864, 14559, 16892 655...... 13086 1984...... 13024 367...... 13523 39 ...... 13475, 13477, 13727, 656...... 13086 1985...... 13024 370...... 13523 14143, 14409, 14411, 14413, 658...... 13086 1986...... 13024 381...... 13523 14559, 14562, 14784,14786, 667...... 13086 1987...... 13024 Proposed Rules: 14789, 14792, 15052, 15054, 683...... 13086 1988...... 13024 Ch. III...... 16307, 16920 15056, 15919, 15922, 15924, 702...... 13086 4022...... 15376 15926, 15930, 15933, 15936, 4044...... 15376 37 CFR 15938, 15940, 15943, 15946, 21 CFR Proposed Rules: 1...... 12222 16237, 16531 1...... 16549 2...... 13086 380...... 12745 71 ...... 12432, 12434, 12435, 101...... 16549 7...... 13086 Proposed Rules: 12437, 12865, 12997, 12998, 112...... 16549 8...... 13086 201...... 12704, 16021 12999, 13001, 13479, 13481, 115...... 16549 10...... 13086 202...... 12704, 16021 13731, 13732, 16533, 16537, 117...... 16549 13...... 13086 16539 118...... 16549 18...... 13086 38 CFR 95...... 13003 507...... 16549 24...... 13086 9...... 14800 97 ...... 12865, 12867, 16240, 573...... 14565 29...... 13086 17...... 13052 38...... 13086 16243 800...... 16549 Proposed Rules: 96...... 13086 121...... 16897 882...... 13312 17...... 14429 417...... 13086 1204...... 16541 895...... 13312 71...... 13356 1241...... 15352 1141...... 15638, 15710 471...... 13086 1264...... 16544 1308...... 13741 501...... 13086 39 CFR 580...... 13086 1271...... 16544 Proposed Rules: 501...... 12870 1978...... 13086 Proposed Rules: 1100...... 13840 3025...... 13054 25...... 12227, 12230 1107...... 13840 1979...... 13086 1980...... 13086 Proposed Rules: 39 ...... 13578, 13581, 13583, 1114...... 13840 3050...... 13601 14178, 14180, 14423, 14807, 1301...... 14810, 16292 1981...... 13086 15079, 16008, 16011, 16014, 1318...... 16292 1982...... 13086 40 CFR 16016, 16019, 16279, 16281, 1983...... 13086 22 CFR 1984...... 13086 9...... 15952 16284, 16916 31...... 12224 71 ...... 12449, 13079, 13080, 171...... 13482 1985...... 13086 1986...... 13086 49...... 15729 14427, 14809, 16287, 16289, Proposed Rules: 1987...... 13086 52 ...... 12874, 13055, 13057, 16572, 16580, 16582, 16585 171...... 13104 1988...... 13086 13748, 13755, 14145, 14147, 73...... 16918 14418, 14420, 14578, 15071, 24 CFR 30 CFR 15 CFR 15074, 15076, 15959, 16555 28...... 13041 250...... 12733 62...... 16270, 16557 740...... 13009 30...... 13041 913...... 12735 63 ...... 13524, 14526, 15608, 744...... 14416, 14794 87...... 13041 948...... 12739 15960 762...... 14416 180...... 13041 82...... 14150, 15258 902...... 15948 3282...... 13041 31 CFR 180 ...... 13059, 13546, 13548, Proposed Rules: Proposed Rules: 150...... 15378 15387 744...... 14428 100...... 14605 210...... 15715 710...... 13062 591...... 14572 721...... 15952 16 CFR 26 CFR 595...... 13746 725...... 13760 Proposed Rules: 1 ...... 13045, 13483, 15060, Proposed Rules: Proposed Rules: 314...... 13082 15061, 15949, 16245 800...... 13586, 14837 30...... 15396 300...... 14567 52 ...... 12232, 12241, 12876, 17 CFR 802...... 13586, 14837 Proposed Rules: 12877, 12882, 13602, 14442, 30...... 15359 1...... 13118 32 CFR 14605, 14606, 14608, 14843, 200...... 12221 199...... 15061 14844, 14847, 16021, 16027, 275...... 13734 28 CFR 233...... 13045 16029, 16038, 16309, 16588, Proposed Rules: 28...... 13483 269...... 13047 16590, 16599 240...... 16726 329...... 15066 62...... 14621, 16604 242...... 16726 29 CFR 81...... 14608, 16038 249...... 16726 2...... 13024 33 CFR 141...... 14098 7...... 13024 100...... 13747, 15382 171...... 12244 18 CFR 8...... 13024 105...... 13493 180...... 12454 35...... 13009, 13012 10...... 13024 117 ...... 13517, 15066, 15067 228...... 14622 157...... 15713 13...... 13024 165 ...... 12439, 13049, 13520, 257...... 12456 806...... 16546 18...... 13024 14574, 14576, 14799, 15069, 721...... 12479, 15406 24...... 13024 15384, 15721, 15724, 15727, 725...... 15406 19 CFR 29...... 13024, 14294 16267 Ch. I...... 12731, 15059, 15714, 38...... 13024 401...... 15949 41 CFR 16547, 16548 96...... 13024 402...... 15951 50-203...... 13024 12...... 15363 403...... 13414 Proposed Rules: 60-30...... 13024 417...... 13024 100 ...... 13595, 13598, 14837, Proposed Rules: 20 CFR 471...... 13024 15745 50-203...... 13086 641...... 13024 501...... 13024 127...... 12451 60-30...... 13086 655...... 13024 580...... 13024 165 ...... 12452, 13598, 13841, 102-81...... 12489

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42 CFR 64...... 12747 1603...... 16907 300...... 14586 71...... 16559, 16567 69...... 12747 1652...... 16907 600...... 15391 73...... 16567 Proposed Rules: 49 CFR 622 ...... 13070, 14171, 14602, 73...... 15087 74...... 15999 16006 76 ...... 13069, 15999, 16567 270...... 12826 635...... 14802 271...... 12826 44 CFR Proposed Rules: 648 ...... 13071, 13074, 13552, 1039...... 12749 67...... 16270 Ch. I ...... 14869 16570 1...... 15092 Ch. XII .....12731, 15059, 15714 660...... 16911 47 CFR 2...... 13119 1500...... 16456 679 ...... 13553, 13576, 13577, 0...... 12747 9...... 13843 1520...... 16456 13802, 14172, 14603, 14803, 1...... 12747 20...... 13119 1570...... 16456 4...... 15733 54...... 15092, 16605 1580...... 16456 15076, 15392, 15393, 16271, 20...... 12747 68...... 13119 1582...... 16456 16272, 16913 25...... 16567 1584...... 16456 Proposed Rules: 36...... 12747 48 CFR Proposed Rules: 17...... 13844 51...... 12747 812...... 16900 299...... 14036, 14449 20...... 15870 54 ...... 12747, 13773, 15741, 813...... 16900 648...... 13603 50 CFR 15982 852...... 16900 679...... 13618, 16310 61...... 12747 853...... 16900 216...... 15948

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Office, Washington, DC 20402 S. 893/P.L. 116–129 enacted public laws. To (phone, 202–512–1808). The Secure 5G and Beyond Act of subscribe, go to https:// LIST OF PUBLIC LAWS text will also be made 2020 (Mar. 23, 2020; 134 listserv.gsa.gov/cgi-bin/ available at https:// Stat. 223) This is a continuing list of wa.exe?SUBED1=PUBLAWS- www.govinfo.gov. Some laws public bills from the current S. 1822/P.L. 116–130 L&A=1 may not yet be available. session of Congress which Broadband Deployment Accuracy and Technological have become Federal laws. S. 3503/P.L. 116–128 Note: This service is strictly This list is also available Availability Act (Mar. 23, 2020; To authorize the Secretary of 134 Stat. 228) for email notification of new online at https:// Veterans Affairs to treat Last List March 23, 2020 laws. The text of laws is not www.archives.gov/federal- certain programs of education register/laws. available through this service. converted to distance learning PENS cannot respond to by reason of emergencies and The text of laws is not Public Laws Electronic specific inquiries sent to this published in the Federal health-related situations in the Notification Service address. Register but may be ordered same manner as programs of in ‘‘slip law’’ (individual education pursued at (PENS) pamphlet) form from the educational institutions, and Superintendent of Documents, for other purposes. (Mar. 21, PENS is a free email U.S. Government Publishing 2020; 134 Stat. 221) notification service of newly

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