Federal Register

FEDERAL REGISTER

Vol. 85 Monday, No. 188 September 28, 2020

Pages 60683–60882

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 188

Monday, September 28, 2020

Agency for Healthcare Research and Quality Health Assessment Form, Public Health Investigation NOTICES Form; Non-Tuberculosis Illness, and Public Health Agency Information Collection Activities; Proposals, Investigation Form, Active Tuberculosis, 60802– Submissions, and Approvals, 60787–60790 60803 Initial Medical Exam Form and Dental Exam Form, Agriculture Department 60801–60802 See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation See Forest Service Civil Rights Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 60752–60754 Nebraska Advisory Committee, 60759 Utah Advisory Committee, 60760 Animal and Plant Health Inspection Service Virginia Advisory Committee, 60759–60760 NOTICES Washington Advisory Committee, 60760–60761 Environmental Assessments; Availability, etc.: Westhoff Vertriebsgesellschaft mbH; Preliminary Finding Commerce Department of No Significant Impact for Determination of See International Trade Administration Nonregulated Status of Petunias Genetically See National Institute of Standards and Technology Engineered for Flower Color, 60755–60756 See National Oceanic and Atmospheric Administration International Trade Data System: See Office of the Under-Secretary for Economic Affairs Timeline for Enforcing Core Message Set Flags in the RULES Automated Commercial Environment, 60756–60757 Promoting the Rule of Law Through Improved Agency Guidance Documents, 60694–60696 Centers for Disease Control and Prevention NOTICES Meetings: Community Living Administration The Importation of Infectious Biological Agents, NOTICES Infectious Substances and Vectors; Webinar, 60790 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Centers for Medicare & Medicaid Services Prevention and Public Health Fund Evidence-Based Falls NOTICES Prevention Program, 60808–60809 Agency Information Collection Activities; Proposals, State Grants for Assistive Technology Program Annual Submissions, and Approvals, 60790–60791, 60798– Progress Report, 60803–60805 60799 State Health Insurance Assistance Program Data Medicare and Medicaid Programs: Performance Reports and Information Collection Application from the Accreditation Commission for Tools, 60805–60808 Healthcare for Continued Approval of its Home Health Agency Accreditation Program, 60796–60798 Medicare Program: Defense Department Approval of Application by National Association of RULES Boards of Pharmacy for Initial Approval of Its Home Civil Money Penalties and Assessments under the Military Infusion Therapy Accreditation Program, 60793– Health Care Fraud and Abuse Prevention Program, 60795 60700–60714 Approval of Application by The Compliance Team for Privacy Act; Implementation, 60714–60716 Initial CMS-Approval of Its Home Infusion Therapy Accreditation Program, 60799–60800 Education Department Medicare Appeals; Adjustment to the Amount in NOTICES Controversy Threshold Amounts for Calendar Year Agency Information Collection Activities; Proposals, 2021, 60795–60796 Submissions, and Approvals: Meetings: CARES Act Reserve Fund Application, 60771 Medicare Program; Revisions to the Healthcare Common Foreign Institution Reporting Requirements under the Procedure Coding System Coding for Non-drug and CARES Act, 60769–60770 Non-biological Items and Services, 60791–60793 Quarterly Budget and Expenditure Reporting under CARES Act, Institutional Portion, 60770–60771 Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Employee Benefits Security Administration Submissions, and Approvals: NOTICES Application Requirements for the Low Income Home Meetings: Energy Assistance Program Model Plan Application, Advisory Council on Employee Welfare and Pension 60802 Benefit Plans, 60832

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Employment and Training Administration Federal Deposit Insurance Corporation NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Removal of Transferred Office of Thrift Supervision Submissions, and Approvals: Regulations: Quarterly Narrative Progress Report, Employment and Prompt Corrective Action Directives and Conforming Training Supplemental Budget Request Activities, Amendments to Other Regulations, 60738–60745 60832–60833 Federal Emergency Management Agency Energy Department NOTICES See Federal Energy Regulatory Commission Changes in Flood Hazard Determinations, 60814–60818 See Western Area Power Administration Final Flood Hazard Determinations, 60818–60821 PROPOSED RULES Energy Conservation Program: Federal Energy Regulatory Commission Test Procedure for Walk-In Coolers and Walk-In Freezers, RULES 60724–60734 Formal Requirements for Filings in Proceedings Before the Test Procedures for Certain Commercial and Industrial Commission, 60696–60698 Equipment; Early Assessment Review; Pumps, NOTICES 60734–60738 Combined Filings, 60777–60779 NOTICES Complaint: Energy Conservation Program: Duke Energy Indiana, LLC v. AEP Indiana Michigan Petition for Waiver of Senneca Holdings from the Transmission Co., Inc., 60777 Department of Energy Walk-in Cooler and Walk-in Louisiana Public Service Commission, Arkansas Public Freezer Test Procedure and Grant of Interim Waiver, Service Commission, Council of the City of New 60771–60776 Orleans, LA, Mississippi Public Service Commission v. System Energy Resources, Inc., Entergy Services, Environmental Protection Agency LLC, 60777–60778 RULES Petition for Declaratory Order: Tolerance Exemption: Midship Pipeline Company, LLC, 60779 Pseudomonas fluorescens Strain ACK55, 60716–60718 PROPOSED RULES Federal Highway Administration Approval and Promulgation of State Air Quality Plans for NOTICES Designated Facilities and Pollutants: Agency Information Collection Activities; Proposals, New Mexico and Albuquerque-Bernalillo County, New Submissions, and Approvals, 60866–60868 Mexico; Control of Emissions From Existing Other Final Federal Agency Actions: Solid Waste Incineration Units, 60746–60748 Proposed Highway in Florida, 60868–60869 NOTICES Cross-Media Electronic Reporting: Federal Mine Safety and Health Review Commission Authorized Program Revision Approval; Texas, 60781 NOTICES Petition for Exemption Reissuance: Meetings; Sunshine Act, 60786 Underground Injection Control Program; Hazardous Waste Injection Restrictions; Class I Hazardous Waste Federal Motor Carrier Safety Administration Injection; INEOS Nitriles USA, LLC; Green Lake NOTICES Complex, Port Lavaca, TX, 60781 Commercial Driver’s License Standards; Exemption Application: Farm Credit Administration Daimler Trucks North America (Daimler), 60872–60873 RULES Ohio Department of Public Safety, 60873–60874 Amortization Limits, 60691–60694 Hours of Service of Drivers; Exemption Applications: Pronto.ai, Inc., 60869–60871 Federal Communications Commission Right-A-Way, LLC, 60871–60872 RULES Uniform License Renewal, Discontinuance of Operation, Federal Reserve System and Geographic Partitioning and Spectrum NOTICES Disaggregation Rules and Policies for Certain Wireless Change in Bank Control: Radio Services: Acquisitions of Shares of a Bank or Bank Holding Rules to Facilitate the Use of Vehicular Repeater Units, Company, 60786 60718–60720 Formations of, Acquisitions by, and Mergers of Bank Use of Common Antenna Site: Holding Companies, 60786–60787 Modernization of Media Regulation Initiative, 60720– 60723 Foreign Assets Control Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Blocking or Unblocking of Persons and Properties, 60874– Submissions, and Approvals, 60781–60786 60880

Federal Crop Insurance Corporation Forest Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 60757–60758 Black Hills National Forest Advisory Board, 60758–60759

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General Services Administration Labor Department NOTICES See Employee Benefits Security Administration Meetings: See Employment and Training Administration Office of Federal High-Performance Buildings; Green See Mine Safety and Health Administration Building Advisory Committee, 60787 See Occupational Safety and Health Administration NOTICES Health and Human Services Department Agency Information Collection Activities; Proposals, See Agency for Healthcare Research and Quality Submissions, and Approvals: See Centers for Disease Control and Prevention Current Population Survey; Basic Labor Force, 60836– See Centers for Medicare & Medicaid Services 60837 See Children and Families Administration Ethylene Oxide Standard, 60837 See Community Living Administration Privacy Act; Systems of Records, 60833–60836 See Health Resources and Services Administration See National Institutes of Health See Public Health Service Mine Safety and Health Administration PROPOSED RULES NOTICES Implementation of Executive Order 13937, ‘‘Executive Agency Information Collection Activities; Proposals, Order on Access to Affordable Life-saving Submissions, and Approvals: Medications’’, 60748–60751 Certification and Qualification to Examine, Test, Operate Hoists and Perform Other Duties, 60837–60839 Health Resources and Services Administration NOTICES National Archives and Records Administration Health Center Program: NOTICES Period of Performance Extensions with Funding for Meetings: Health Center Program Award Recipients in Las Chief Freedom of Information Act Officers Council, Vegas, Nevada and Washington, District of Columbia, 60840 60809 Meetings: National Advisory Council on the National Health National Institute of Standards and Technology Service Corps, 60809 NOTICES Performance Review Board Membership, 60764 Homeland Security Department See Federal Emergency Management Agency National Institutes of Health Housing and Urban Development Department NOTICES NOTICES Meetings: Waivers and Alternative Requirements: Center for Scientific Review, 60810–60812 Community Development Block Grant Disaster Recovery National Center for Complementary and Integrative Grantees, 60821–60828 Health, 60810–60811 National Institute of Biomedical Imaging and Indian Affairs Bureau Bioengineering, 60809–60810 NOTICES National Institute on Aging, 60812–60813 HEARTH Act Approval: Office of the Director, 60811 Wilton Rancheria, California Business Site Leasing Act, 60828–60829 National Oceanic and Atmospheric Administration Interior Department NOTICES See Indian Affairs Bureau Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Trade Administration Applications and Reporting Requirements for the NOTICES Incidental Take of Marine Mammals by Specified Antidumping or Countervailing Duty Investigations, Orders, Activities (other than Commercial Fishing or Reviews: Operations) under the Marine Mammal Protection Certain Steel Nails from the Sultanate of Oman, 60761– Act, 60765–60766 60762 Federal Consistency Appeal: Scope Rulings, 60762–60763 Jordan Cove Energy Project, LP and Pacific Connector Gas Pipeline, LP, 60766–60767 International Trade Commission Meetings: NOTICES Advisory Committee to the U.S. Section of the Antidumping or Countervailing Duty Investigations, Orders, International Commission for the Conservation of or Reviews: Atlantic Tunas, 60764 Glass Containers from China, 60829 Gulf of Mexico Fishery Management Council, 60768– Complaint: 60769 Certain Artificial Eyelash Extension Systems, Products, New England Fishery Management Council, 60765 and Components Thereof, 60829–60831 South Atlantic Fishery Management Council, 60768– Certain Routers, Access Points, Controllers, Network 60769 Management Devices, Other Networking Products, Permit Application: and Hardware and Software Components Thereof, Marine Mammals; File No. 22382, 60767–60768 60831–60832 Marine Mammals; File No. 23807, 60767

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National Science Foundation The Depository Trust Co., 60847–60854 NOTICES Meetings: State Department Advisory Committee for Engineering, 60840–60841 RULES International Traffic in Arms Regulations: Nuclear Regulatory Commission Temporary Update to Republic of Cyprus Country Policy, RULES 60698–60700 Guidance: NOTICES Changes, Tests, and Experiments, 60691 Cuba Prohibited Accommodations List, 60855–60862 NOTICES Exemption; Issuance: Tennessee Valley Authority Multiple in Response to COVID–19 Public Health NOTICES Emergency, 60841–60844 Environmental Impact Statements; Availability, etc.: Gallatin Fossil Plant Surface Impoundment Closure and Occupational Safety and Health Administration Restoration Project, 60862–60866 NOTICES Grant of Expansion of Recognition: Transportation Department MET Laboratories, Inc., 60839–60840 See Federal Highway Administration Office of the Under-Secretary for Economic Affairs See Federal Motor Carrier Safety Administration NOTICES Meetings: Treasury Department Advisory Committee on Data for Evidence Building, See Foreign Assets Control Office 60761 NOTICES Agency Information Collection Activities; Proposals, Personnel Management Office Submissions, and Approvals, 60880–60881 NOTICES Meetings: Veterans Affairs Department Federal Prevailing Rate Advisory Committee, 60844 NOTICES Agency Information Collection Activities; Proposals, Postal Regulatory Commission Submissions, and Approvals: NOTICES Generic Clearance for the Collection of Qualitative New Postal Products, 60844–60845 Feedback on Agency Service Delivery, 60881–60882 Rental and Utility Assistance for Certain Low-Income Presidential Documents Veteran Families, 60882 EXECUTIVE ORDERS Race and Sex Stereotyping; Efforts To Combat (EO 13950), Western Area Power Administration 60683–60689 NOTICES Central Arizona Project, 60779–60780 Public Health Service NOTICES Viral Hepatitis National Strategic Plan 2021–2025, 60813– 60814 Reader Aids Consult the Reader Aids section at the end of this issue for Securities and Exchange Commission phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Meetings; Sunshine Act, 60845 To subscribe to the Federal Register Table of Contents Self-Regulatory Organizations; Proposed Rule Changes: electronic mailing list, go to https://public.govdelivery.com/ ICE Clear Credit, LLC, 60845–60847 accounts/USGPOOFR/subscriber/new, enter your e-mail National Securities Clearing Corp., 60854–60855 address, then follow the instructions to join, leave, or New York Stock Exchange, LLC, 60854 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 Executive Orders: 13950...... 60683 10 CFR 72...... 60691 Proposed Rules: 431 (2 documents) ...... 60724, 60734 12 CFR 614...... 60691 Proposed Rules: 308...... 60738 390...... 60738 15 CFR 29...... 60694 18 CFR 385...... 60696 22 CFR 126...... 60698 32 CFR 199...... 60700 200...... 60700 310...... 60714 40 CFR 180...... 60716 Proposed Rules: 62...... 60746 42 CFR Proposed Rules: 51c ...... 60748 47 CFR 1...... 60718 22...... 60718 27...... 60718 30...... 60718 73...... 60718 74...... 60718 90...... 60718 95...... 60718 101...... 60718

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Federal Register Presidential Documents Vol. 85, No. 188

Monday, September 28, 2020

Title 3— Executive Order 13950 of September 22, 2020

The President Combating Race and Sex Stereotyping

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote economy and efficiency in Federal contracting, to promote unity in the Federal workforce, and to combat offensive and anti-American race and sex stereotyping and scapegoating, it is hereby ordered as follows: Section 1. Purpose. From the battlefield of Gettysburg to the bus boycott in Montgomery and the Selma-to-Montgomery marches, heroic Americans have valiantly risked their lives to ensure that their children would grow up in a Nation living out its creed, expressed in the Declaration of Independ- ence: ‘‘We hold these truths to be self-evident, that all men are created equal.’’ It was this belief in the inherent equality of every individual that inspired the Founding generation to risk their lives, their fortunes, and their sacred honor to establish a new Nation, unique among the countries of the world. President Abraham Lincoln understood that this belief is ‘‘the electric cord’’ that ‘‘links the hearts of patriotic and liberty-loving’’ people, no matter their race or country of origin. It is the belief that inspired the heroic black soldiers of the 54th Massachusetts Infantry Regiment to defend that same Union at great cost in the Civil War. And it is what inspired Dr. Martin Luther King, Jr., to dream that his children would one day ‘‘not be judged by the color of their skin but by the content of their character.’’ Thanks to the courage and sacrifice of our forebears, America has made significant progress toward realization of our national creed, particularly in the 57 years since Dr. King shared his dream with the country. Today, however, many people are pushing a different vision of America that is grounded in hierarchies based on collective social and political identities rather than in the inherent and equal dignity of every person as an individual. This ideology is rooted in the pernicious and false belief that America is an irredeemably racist and sexist country; that some people, simply on account of their race or sex, are oppressors; and that racial and sexual identities are more important than our common status as human beings and Americans. This destructive ideology is grounded in misrepresentations of our country’s history and its role in the world. Although presented as new and revolu- tionary, they resurrect the discredited notions of the nineteenth century’s apologists for slavery who, like President Lincoln’s rival Stephen A. Douglas, maintained that our government ‘‘was made on the white basis’’ ‘‘by white men, for the benefit of white men.’’ Our Founding documents rejected these racialized views of America, which were soundly defeated on the blood- stained battlefields of the Civil War. Yet they are now being repackaged and sold as cutting-edge insights. They are designed to divide us and to prevent us from uniting as one people in pursuit of one common destiny for our great country. Unfortunately, this malign ideology is now migrating from the fringes of American society and threatens to infect core institutions of our country. Instructors and materials teaching that men and members of certain races, as well as our most venerable institutions, are inherently sexist and racist are appearing in workplace diversity trainings across the country, even in

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components of the Federal Government and among Federal contractors. For example, the Department of the Treasury recently held a seminar that pro- moted arguments that ‘‘virtually all White people, regardless of how ‘woke’ they are, contribute to racism,’’ and that instructed small group leaders to encourage employees to avoid ‘‘narratives’’ that Americans should ‘‘be more color-blind’’ or ‘‘let people’s skills and personalities be what differen- tiates them.’’ Training materials from Argonne National Laboratories, a Federal entity, stated that racism ‘‘is interwoven into every fabric of America’’ and described statements like ‘‘color blindness’’ and the ‘‘meritocracy’’ as ‘‘actions of bias.’’ Materials from Sandia National Laboratories, also a Federal entity, for non- minority males stated that an emphasis on ‘‘rationality over emotionality’’ was a characteristic of ‘‘white male[s],’’ and asked those present to ‘‘acknowledge’’ their ‘‘privilege’’ to each other. A Smithsonian Institution museum graphic recently claimed that concepts like ‘‘[o]bjective, rational linear thinking,’’ ‘‘[h]ard work’’ being ‘‘the key to success,’’ the ‘‘nuclear family,’’ and belief in a single god are not values that unite Americans of all races but are instead ‘‘aspects and assumptions of whiteness.’’ The museum also stated that ‘‘[f]acing your whiteness is hard and can result in feelings of guilt, sadness, confusion, defensiveness, or fear.’’ All of this is contrary to the fundamental premises underpinning our Repub- lic: that all individuals are created equal and should be allowed an equal opportunity under the law to pursue happiness and prosper based on individual merit. Executive departments and agencies (agencies), our Uniformed Services, Fed- eral contractors, and Federal grant recipients should, of course, continue to foster environments devoid of hostility grounded in race, sex, and other federally protected characteristics. Training employees to create an inclusive workplace is appropriate and beneficial. The Federal Government is, and must always be, committed to the fair and equal treatment of all individuals before the law. But training like that discussed above perpetuates racial stereotypes and division and can use subtle coercive pressure to ensure conformity of view- point. Such ideas may be fashionable in the academy, but they have no place in programs and activities supported by Federal taxpayer dollars. Research also suggests that blame-focused diversity training reinforces biases and decreases opportunities for minorities. Our Federal civil service system is based on merit principles. These principles, codified at 5 U.S.C. 2301, call for all employees to ‘‘receive fair and equitable treatment in all aspects of personnel management without regard to’’ race or sex ‘‘and with proper regard for their . . . constitutional rights.’’ Instructing Federal employees that treating individuals on the basis of individual merit is racist or sexist directly undermines our Merit System Principles and impairs the efficiency of the Federal service. Similarly, our Uniformed Services should not teach our heroic men and women in uniform the lie that the country for which they are willing to die is fundamentally racist. Such teachings could directly threaten the cohesion and effectiveness of our Uniformed Services. Such activities also promote division and inefficiency when carried out by Federal contractors. The Federal Government has long prohibited Federal contractors from engaging in race or sex discrimination and required contractors to take affirmative action to ensure that such discrimination does not occur. The participation of contractors’ employees in training that promotes race or sex stereotyping or scapegoating similarly undermines efficiency in Federal contracting. Such requirements promote divisiveness in the workplace and distract from the pursuit of excellence and collaborative achieve- ments in public administration.

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Therefore, it shall be the policy of the United States not to promote race or sex stereotyping or scapegoating in the Federal workforce or in the Uni- formed Services, and not to allow grant funds to be used for these purposes. In addition, Federal contractors will not be permitted to inculcate such views in their employees. Sec. 2. Definitions. For the purposes of this order, the phrase: (a) ‘‘Divisive concepts’’ means the concepts that (1) one race or sex is inherently superior to another race or sex; (2) the United States is fundamentally racist or sexist; (3) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (4) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (5) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; (6) an individual’s moral character is necessarily determined by his or her race or sex; (7) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (8) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (9) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. The term ‘‘divisive concepts’’ also includes any other form of race or sex stereotyping or any other form of race or sex scapegoating. (b) ‘‘Race or sex stereotyping’’ means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex. (c) ‘‘Race or sex scapegoating’’ means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex. It similarly encompasses any claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others. (d) ‘‘Senior political appointee’’ means an individual appointed by the President, or a non-career member of the Senior Executive Service (or agency- equivalent system). Sec. 3. Requirements for the United States Uniformed Services. The United States Uniformed Services, including the United States Armed Forces, shall not teach, instruct, or train any member of the United States Uniformed Services, whether serving on active duty, serving on reserve duty, attending a military service academy, or attending courses conducted by a military department pursuant to a Reserve Officer Corps Training program, to believe any of the divisive concepts set forth in section 2(a) of this order. No member of the United States Uniformed Services shall face any penalty or discrimination on account of his or her refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to these concepts. Sec. 4. Requirements for Government Contractors. (a) Except in contracts exempted in the manner provided by section 204 of Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity), as amended, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: ‘‘During the performance of this contract, the contractor agrees as follows: 1. The contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that (a) one race or sex is inherently superior to another race or sex; (b) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (c) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (d) members of one race or sex cannot and should not attempt

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to treat others without respect to race or sex; (e) an individual’s moral character is necessarily determined by his or her race or sex; (f) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (g) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (h) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. The term ‘‘race or sex stereotyping’’ means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex, and the term ‘‘race or sex scapegoating’’ means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex. 2. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under the Executive Order of September 22, 2020, entitled Com- bating Race and Sex Stereotyping, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 3. In the event of the contractor’s noncompliance with the requirements of paragraphs (1), (2), and (4), or with any rules, regulations, or orders that may be promulgated in accordance with the Executive Order of Sep- tember 22, 2020, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246, and such other sanctions may be imposed and remedies invoked as provided by any rules, regulations, or orders the Secretary of Labor has issued or adopted pursuant to Executive Order 11246, including subpart D of that order. 4. The contractor will include the provisions of paragraphs (1) through (4) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.’’ (b) The Department of Labor is directed, through the Office of Federal Contract Compliance Programs (OFCCP), to establish a hotline and investigate complaints received under both this order as well as Executive Order 11246 alleging that a Federal contractor is utilizing such training programs in violation of the contractor’s obligations under those orders. The Department shall take appropriate enforcement action and provide remedial relief, as appropriate. (c) Within 30 days of the date of this order, the Director of OFCCP shall publish in the Federal Register a request for information seeking information from Federal contractors, Federal subcontractors, and employees of Federal contractors and subcontractors regarding the training, workshops, or similar programming provided to employees. The request for information should request copies of any training, workshop, or similar programing having to do with diversity and inclusion as well as information about the duration, frequency, and expense of such activities. Sec. 5. Requirements for Federal Grants. The heads of all agencies shall review their respective grant programs and identify programs for which the agency may, as a condition of receiving such a grant, require the recipient to certify that it will not use Federal funds to promote the concepts that

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(a) one race or sex is inherently superior to another race or sex; (b) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (c) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (d) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; (e) an individual’s moral character is necessarily determined by his or her race or sex; (f) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (g) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (h) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. Within 60 days of the date of this order, the heads of agencies shall each submit a report to the Director of the Office of Management and Budget (OMB) that lists all grant programs so identified. Sec. 6. Requirements for Agencies. (a) The fair and equal treatment of individuals is an inviolable principle that must be maintained in the Federal workplace. Agencies should continue all training that will foster a workplace that is respectful of all employees. Accordingly: (i) The head of each agency shall use his or her authority under 5 U.S.C. 301, 302, and 4103 to ensure that the agency, agency employees while on duty status, and any contractors hired by the agency to provide training, workshops, forums, or similar programming (for purposes of this section, ‘‘training’’) to agency employees do not teach, advocate, act upon, or promote in any training to agency employees any of the divisive concepts listed in section 2(a) of this order. Agencies may consult with the Office of Personnel Management (OPM), pursuant to 5 U.S.C. 4116, in carrying out this provision; and (ii) Agency diversity and inclusion efforts shall, first and foremost, encourage agency employees not to judge each other by their color, race, ethnicity, sex, or any other characteristic protected by Federal law. (b) The Director of OPM shall propose regulations providing that agency officials with supervisory authority over a supervisor or an employee with responsibility for promoting diversity and inclusion, if such supervisor or employee either authorizes or approves training that promotes the divisive concepts set forth in section 2(a) of this order, shall take appropriate steps to pursue a performance-based adverse action proceeding against such supervisor or employee under chapter 43 or 75 of title 5, United States Code. (c) Each agency head shall: (i) issue an order incorporating the requirements of this order into agency operations, including by making compliance with this order a provision in all agency contracts for diversity training; (ii) request that the agency inspector general thoroughly review and assess by the end of the calendar year, and not less than annually thereafter, agency compliance with the requirements of this order in the form of a report submitted to OMB; and (iii) assign at least one senior political appointee responsibility for ensuring compliance with the requirements of this order. Sec. 7. OMB and OPM Review of Agency Training. (a) Consistent with OPM’s authority under 5 U.S.C. 4115–4118, all training programs for agency employees relating to diversity or inclusion shall, before being used, be reviewed by OPM for compliance with the requirements of section 6 of this order. (b) If a contractor provides a training for agency employees relating to diversity or inclusion that teaches, advocates, or promotes the divisive concepts set forth in section 2(a) of this order, and such action is in violation of the applicable contract, the agency that contracted for such training shall evaluate whether to pursue debarment of that contractor, consistent with

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applicable law and regulations, and in consultation with the Interagency Suspension and Debarment Committee. (c) Within 90 days of the date of this order, each agency shall report to OMB all spending in Fiscal Year 2020 on Federal employee training programs relating to diversity or inclusion, whether conducted internally or by contractors. Such report shall, in addition to providing aggregate totals, delineate awards to each individual contractor. (d) The Directors of OMB and OPM may jointly issue guidance and directives pertaining to agency obligations under, and ensuring compliance with, this order. Sec. 8. Title VII Guidance. The Attorney General should continue to assess the extent to which workplace training that teaches the divisive concepts set forth in section 2(a) of this order may contribute to a hostile work environment and give rise to potential liability under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. If appropriate, the Attorney General and the Equal Employment Opportunity Commission shall issue publicly available guidance to assist employers in better promoting diversity and inclusive workplaces consistent with Title VII. Sec. 9. Effective Date. This order is effective immediately, except that the requirements of section 4 of this order shall apply to contracts entered into 60 days after the date of this order. Sec. 10. General Provisions. (a) This order does not prevent agencies, the United States Uniformed Services, or contractors from promoting racial, cultural, or ethnic diversity or inclusiveness, provided such efforts are consistent with the requirements of this order. (b) Nothing in this order shall be construed to prohibit discussing, as part of a larger course of academic instruction, the divisive concepts listed in section 2(a) of this order in an objective manner and without endorsement. (c) If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby. (d) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, 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. (e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

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(f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, September 22, 2020.

[FR Doc. 2020–21534 Filed 9–25–20; 8:45 am] Billing code 3295–F0–P

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Rules and Regulations Federal Register Vol. 85, No. 188

Monday, September 28, 2020

This section of the FEDERAL REGISTER adams.html. To begin the search, select 72.48 Implementation,’’ with contains regulatory documents having general ‘‘Begin Web-based ADAMS Search.’’ For clarifications and exceptions. applicability and legal effect, most of which problems with ADAMS, please contact II. Additional Information are keyed to and codified in the Code of the NRC’s Public Document Room Federal Regulations, which is published under reference staff at 1–800–397–4209, 301– The NRC published a notice of the 50 titles pursuant to 44 U.S.C. 1510. 415–4737, or by email to pdr.resource@ availability of DG–3054 in the Federal The Code of Federal Regulations is sold by nrc.gov. The ADAMS accession number Register on June 2, 2020 (85 FR 33582) the Superintendent of Documents. for each document referenced (if it is for a 60-day public comment period. available in ADAMS) is provided the The public comment period closed on first time that it is mentioned in this August 3, 2020, and the NRC received NUCLEAR REGULATORY document. six comment documents. Public COMMISSION Revision 1 to RG 3.72 and the comments on DG–3054 and the staff responses to the public comments are 10 CFR Part 72 regulatory analysis may be found in ADAMS under Accession Nos. available in ADAMS under Accession [NRC–2020–0059] ML20220A185 and ML19269B764, No. ML20220A183. Revision 1 to RG respectively. 3.72 may be found in ADAMS under Guidance: Changes, Tests, and Accession No. ML20220A185. Regulatory guides are not Experiments copyrighted, and NRC approval is not III. Congressional Review Act AGENCY: Nuclear Regulatory required to reproduce them. This RG is a rule as defined in the Commission. FOR FURTHER INFORMATION CONTACT: Congressional Review Act (5 U.S.C. ACTION: Regulatory guide; issuance. Marlone Davis, Office of Nuclear 801–808). However, the Office of Material Safety and Safeguards, Management and Budget has not found SUMMARY: The U.S. Nuclear Regulatory telephone: 301–415–7447, email: it to be a major rule as defined in the Commission (NRC) is issuing Revision 1 [email protected] and Harriet Congressional Review Act. to Regulatory Guide (RG) 3.72, Karagiannis, Office of Nuclear ‘‘Guidance for Implementation of IV. Backfitting, Forward Fitting, and Changes, Tests, and Experiements.’’ Regulatory Research, telephone: 301– Issue Finality Revision 1 to RG 3.72 endorses Nuclear 415–2493, email: Harriet.Karagiannis@ nrc.gov. Both are staff of the U.S. Issuance of this regulatory guide in Energy Institute (NEI) 12–04, Revision 2. final form would not constitute NEI 12–04, Revision 2, updates and Nuclear Regulatory Commission, Washington, DC 20555–0001. backfitting as defined in title 10 of the revises previous guidance to incorporate Code of Federal Regulations (10 CFR) operating experience and NRC’s SUPPLEMENTARY INFORMATION: section 72.62, ‘‘Backfitting,’’ and as inspection findings. In addition, RG I. Discussion described in NRC Management Directive 3.72, Revision 1, changes the NRC’s 8.4, ‘‘Management of Backfitting, guidance on departures from a method The NRC is issuing a revision to an Forward Fitting, Issue Finality, and of evaluation (MOE) and the NRC’s existing guide in the NRC’s ‘‘Regulatory Information Requests’’ (ADAMS approval of an MOE. Guide’’ series. This series was Accession No. ML18093B087). As DATES: Revision 1 to RG 3.72 is available developed to describe and make explained in section D., on September 28, 2020. available to the public information ‘‘Implementation,’’ of the regulatory ADDRESSES: Please refer to Docket ID regarding methods that are acceptable to guide, licensees are not be required to NRC–2020–0059 when contacting the the NRC staff for implementing specific comply with the positions set forth in NRC about the availability of parts of the agency’s regulations, this regulatory guide. techniques that the NRC staff uses in information regarding this document. Dated: September 22, 2020. You may obtain publicly-available evaluating specific issues or postulated For the Nuclear Regulatory Commission. information related to this document events, and data that the NRC staff using any of the following methods: needs in its review of applications for Meraj Rahimi, • Federal Rulemaking Website: Go to permits and licenses. Chief, Regulatory Guidance and Generic https://www.regulations.gov and search Revision 1 of RG 3.72 was issued with Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. for Docket ID NRC–2020–0059. Address a temporary identification of Draft questions about Docket IDs in Regulatory Guide, DG–3054, titled, [FR Doc. 2020–21299 Filed 9–25–20; 8:45 am] Regulations.gov to Jennifer Borges; ‘‘Guidance for Implementation of 10 BILLING CODE 7590–01–P telephone: 301–287–9127; email: CFR 72.48, ‘Changes, Tests, And [email protected]. For technical Experiments’ ’’ (ADAMS Accession No. questions, contact the individuals listed ML19269B763). Revision 1 to RG 3.72 FARM CREDIT ADMINISTRATION in the FOR FURTHER INFORMATION describes an approach that is acceptable 12 CFR Part 614 CONTACT section of this document. to NRC to meet regulatory requirements • NRC’s Agencywide Documents related to changes affecting independent RIN 3052–AC92 Access and Management System spent fuel storage installations, spent (ADAMS): You may obtain publicly- fuel storage cask designs, and monitored Amortization Limits available documents online in the retrievable storage installations by AGENCY: Farm Credit Administration. ADAMS Public Documents collection at endorsing guidance document NEI 12– ACTION: Final rule. https://www.nrc.gov/reading-rm/ 04, Revision 2, ‘‘Guidelines for 10 CFR

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SUMMARY: The Farm Credit refinanced only if the PCA determines that amortize loans over a period that is Administration (FCA, we, or our) is at the time of refinancing that the loan longer than their term to maturity repealing the regulatory requirement meets its loan policies and underwriting (hereafter ‘‘balloon loans’’) to address that production credit associations criteria, (2) refinancing may not extend loan amortization in their credit (PCAs) amortize their loans in 15 years repayment beyond 15 years from the underwriting standards. More or less, while requiring Farm Credit date of the original loan, and (3) specifically, FCA proposed to add a new System (FCS or System) associations to acquiring unimproved real estate is not paragraph at the end of § 614.4200 that address amortization through their the sole purpose of the loan. would require FCS direct lenders to credit underwriting standards and In 1997, FCA also made a substantive establish loan amortization schedules internal controls. revision to the agricultural credit for balloon loans that are (1) Consistent DATES: This regulation will be effective association (ACA) lending authority with their loan underwriting standards 30 days after publication in the Federal regulation, § 614.4050, to recognize the that they adopt pursuant to § 614.4150 Register during which either or both statutory authority of ACAs to make and, (2) are appropriate to the type and Houses of Congress are in session. We long-term real estate loans that mature purpose of the borrower’s loan, the will publish a document announcing in not less than 5 years nor more than expected useful life of the asset being the effective date in the Federal 40 years either under their PCA or their financed, and repayment capacity of the Register. Federal land credit association (FLCA) borrower. long-term mortgage lending authority. IV. Comments and Our Responses FOR FURTHER INFORMATION CONTACT: Lori Also, ACAs are subject to less stringent Markowitz, Senior Policy Analyst, regulatory requirements than PCAs We received six comment letters, two Office of Regulatory Policy, (703) 883– regarding aquatic loans, and loans that from System banks, two from System 4487, TTY (703) 883–4056, markowitzl@ mature between 7 and 10 years. associations, and two from trade fca.gov or Richard A. Katz, Senior Over the years in regulatory burden associations—one representing FCS Counsel, Office of General Counsel, initiatives, we have received comments institutions and the other representing (703) 883–4020, TTY (703) 884–4056, that there is a discrepancy between PCA commercial banks. Most of the [email protected]. and ACA lending authorities. A comments supported the rule as SUPPLEMENTARY INFORMATION: common criticism is that the regulations proposed and the repeal of the PCA amortization limit. One System I. Objectives permit ACA parents to make 10-year operating loans to borrowers, without commenter requested that we reaffirm The objectives of the final rule are to: prior guidance on unrestricted • any restriction on amortization, while Repeal regulatory provisions that PCA subsidiaries cannot amortize the amortization of ACA loans. The impose amortization limits on PCA same loans for a period longer than 15 commercial bank trade association loans; and years. opposed the repeal of the amortization • Require associations to address loan limits for PCA loans. According to this amortization in their credit III. Synopsis of the Proposed Rule commenter, repeal of § 614.4040(a)(2) underwriting standards and internal In response to the restructuring of the would allow FCS institutions wide controls. System, changes in the agricultural latitude to agree to longer amortization II. Background economy, and input we received from periods which could cause FCS the FCS, we published a proposed rule borrowers stress when the loans need to As FCS institutions restructured and on January 23, 2020,1 that would repeal be refinanced or repriced and interest merged over the years, and the the above-mentioned restrictions on the rates have risen. In addition, this agricultural economy evolved, FCA amortization of PCA loans in commenter urged FCA to conduct an periodically issued or revised § 614.4040(a)(2). We also proposed analysis of possible negative impacts regulations in part 614 that implement repealing § 614.4040(a)(3) which from relaxing the rules pertaining to the statutory authorities of System requires that the maturities on short- loan amortization. banks and associations to make, and intermediate-term PCA loans are After considering all the comments participate in, and buy and sell other appropriate for the purpose and that we received, we are finalizing the interests in, loans to eligible borrowers. underlying collateral of each loan, and proposed rule without change. The Pursuant to statute, these regulations comply with the association’s loan Farm Credit Act of 1971, as amended, also establish how the powers and underwriting standards adopted establishes the terms to maturity on obligations of the constituent banks or pursuant to § 614.4150 and the general loans made by direct lenders operating associations are consolidated, and to the requirements of § 614.4200. The FCA under titles I or II. However, the statute extent necessary, reconciled in the also proposed to restructure § 614.4050 does not prohibit System direct lenders, successor institutions created by the so our lending authority regulation for such as PCAs, FLCAs, or ACAs from Agricultural Credit Act of 1987. ACAs would have the same structure amortizing a loan over a period that is In 1997, FCA amended its regulations and format as comparable regulations longer than its term to maturity. Instead, governing lending authorities, credit for PCAs and FLCAs. As noted in the as discussed in greater detail below, underwriting, and loan terms and preamble to the proposed rule, FCA did prudent credit underwriting standards conditions and provided freestanding not substantively amend § 614.4050.2 and practices at System direct lenders PCAs greater flexibility to meet their The proposed rule would amend are necessary and appropriate to control borrowers’ credit needs to purchase § 614.4200 to require direct lenders 3 the risks inherent in all loans, expensive equipment and other chattels. particularly balloon loans. Since 1997, § 614.4040(a)(2) has allowed 1 85 FR 3867. An amortization schedule that PCAs, under policies approved by their 2 See 85 FR 3869 (Jan 23, 2020). exceeds the term of the loan is often funding banks, to make loans with 3 Currently, all direct lenders operating under maturities of 10 years or less, but titles I and II of the Act are associations. All Farm residual authority under section 1.3 of the Act to Credit banks operating under title I of the Act have make mortgage loans directly to eligible borrowers amortize them over a period not to transferred their authority to make real estate in geographic areas where no association operates. exceed 15 years, subject to the following mortgage loans directly to eligible borrowers to For this reason, final § 614.4200(c) applies to both conditions: (1) Each such loan may be their associations. However, FCS banks retain Farm Credit banks and associations.

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used by financial institutions to provide institutions, commercial banks, and of the Code of Federal Regulations is borrowers with credit repayment terms other non-System lenders. amended as follows: that meet their needs. The balloon As noted above, a commercial bank payment that results when such loans trade association opposed repeal of PART 614—LOAN POLICIES AND mature is either repaid, or the remaining amortization requirements in OPERATIONS principal balance is refinanced. The § 614.4040(a)(2) on PCA loans because decision to refinance the balloon the commenter believes that this ■ 1. The authority citation for part 614 payment at its due date is based on regulatory provision is necessary to is revised to read as follows: many factors, including the borrower’s promote safety and soundness. We Authority: 42 U.S.C. 4012a, 4104a, 4104b, financial position to cover payments respond that from 1997 until now, our 4106, and 4128; 12 U.S.C. 2011, 2013, 2014, based on a new amortization schedule, regulations only addressed the 2015, 2017, 2018, 2019, 2071, 2073, 2074, current interest rates, and the remaining amortization of PCA loans, but not 2075, 2091, 2093, 2094, 2097, 2121, 2122, useful life of the asset being financed. balloon loans originated by FLCAs or 2124, 2128, 2129, 2131, 2141, 2149, 2183, Under the final rule, all FCS direct ACAs. As a result, long-term real estate 2184, 2201, 2202, 2202a, 2202d, 2202e, 2206, lenders that amortize loans over mortgage loans made by FLCAs and 2206a, 2207, 2211, 2212, 2213, 2214, 2219a, 2219b, 2243, 2244, 2252, 2279a, 2279a–2, timeframes that are longer than their ACAs, and short- and intermediate-term 2279b, 2279c–1, 2279f, 2279f–1, 2279aa, terms to maturity must address loan ACA loans have never been subject to 2279aa–5; sec. 413 of Pub. L. 100–233, 101 amortization in their credit regulatory restrictions on amortization. Stat. 1568, 1639 (12 U.S.C. 2121 note). underwriting standards. As noted As explained in the preamble to the earlier, final § 614.4200(c) requires proposed rule, the FCA added these ■ 2. Section 614.4040 is amended by associations that offer balloon loans to amortization requirements to § 614.4040 revising paragraph (a) to read as follows: set amortization schedules that are in 1997 so PCAs would have greater § 614.4040 Production credit associations. consistent with loan underwriting flexibility in the terms they could offer standards required by § 614.4150 and farmers and ranchers to purchase (a) Short- and intermediate-term appropriate to the type and purpose of expensive equipment and chattels loans. Production credit associations are the borrower’s loan, the expected useful through loans that matured within 10 authorized to make or guarantee short- life of the asset being financed, and the years in accordance with the statute. As and intermediate-term loans and repayment capacity of the borrower. a result of corporate restructuring of provide other financial assistance for a The FCA expects FCS direct lenders System associations over the past 23 term of: to address these factors not only when years, there are no longer any stand- (1) Not more than 7 years; extending a loan, but also when alone PCAs. All PCAs have become (2) More than 7 years, but not more deciding whether to renew and subsidiaries of ACAs, which have than 10 years, as set forth in policies refinance the borrower’s loan. This authority to make short-, intermediate, approved by the funding bank; or regulatory approach strikes a balance and long-term loans. (3) Not more than 15 years to between allowing FCS associations to In this context, it becomes clear that producers and harvesters of aquatic offer loan products that meet the the amortization limits for PCA loans in products for major capital expenditures, specific credit needs of each borrower, § 614.4040(a)(2) were not designed for including but not limited to the while ensuring that every loan exhibit safety and soundness. Corporate purchase of vessels, construction or sound credit underwriting practices. restructuring rendered the requirements purchase of shore facilities, and similar More specifically, final § 614.4200(c) in § 614.4040(a)(2) obsolete. As we purposes directly related to the provides System institutions latitude to stated in the proposed rule, FCA views operations of producers or harvesters of develop credit underwriting parameters loan amortization as a credit aquatic products. that meet the diverse credit needs of underwriting issue, not a legal authority * * * * * their borrowers within a regulatory issue. For these reasons, we are framework that precludes loans from adopting the final rule, as proposed. ■ 3. Section 614.4050 is amended by: being continually refinanced at maturity ■ a. Removing the introductory text; by tying loan amortization to each V. Regulatory Flexibility Act ■ b. Revising paragraph (a); borrower’s repayment capacity and the Pursuant to section 605(b) of the ■ c. Removing paragraph (b); useful life of the underlying asset. Regulatory Flexibility Act (5 U.S.C. 601 ■ d. Redesignating paragraphs (c) and The final rule that the FCA adopts et seq.), FCA hereby certifies that the (d) as paragraphs (b) and (c) reduces unnecessary regulatory burden final rule would not have a significant respectively; on FCS direct lender associations. economic impact on a substantial ■ e. In newly redesignated paragraph Offering balloon loans to customers is a number of small entities. Each of the (c)(1)(i) introductory text, removing business decision. Managing credit risks banks in the System, considered ‘‘(a)’’ and adding ‘‘(a)(1)’’ in its place; in loans that amortize over a longer together with its affiliated associations, ■ f. In newly redesignated paragraph timeframe than their term to maturity is has assets and annual income in excess (c)(1)(ii) introductory text, removing the responsibility of the lender. The of the amounts that would qualify them ‘‘(b) of this part’’ and adding ‘‘(a)(2) of most effective and efficient way to as small entities. Therefore, System this section’’ in its place; control the risks in such loans is institutions are not ‘‘small entities’’ as ■ through strong credit underwriting defined in the Regulatory Flexibility g. In newly redesignated paragraph standards and practices developed by Act. (c)(2)(i), removing ‘‘(a)’’ and adding the lender, rather than prescriptive ‘‘(a)(1)’’ in its place; regulations that substitute an agency’s List of Subjects in 12 CFR Part 614 ■ h. In newly redesiganted paragraph opinion for the financial institution’s Agriculture, Banks, banking, Flood (c)(2)(ii), removing ‘‘(b)’’ and adding business judgement. We note that the insurance, Foreign trade, Reporting and ‘‘(a)(2)’’ in its place; and statutory, regulatory, and supervisory recordkeeping requirements, Rural ■ i. In newly redesignated paragraph framework for loans that amortize on a areas. (c)(3), removing ‘‘(c)’’ and adding ‘‘(b)’’ different schedule than their terms to For the reasons stated in the in its place. maturity is virtually the same for FCS preamble, part 614 of chapter VI, title 12 The revision reads as follows:

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§ 614.4050 Agricultural credit documents issued by the Department do of a statute or regulation.’’ It further associations. not bind the public, except as distinguishes guidance documents from, (a) Terms to maturity on loans. authorized by law or as incorporated among other things, rules promulgated Agricultural credit associations are into a contract; establish procedures for under the Administrative Procedure Act authorized to make or guarantee, subject the public to petition for withdrawal or (APA) (5 U.S.C. 553), which, as to requirements of § 614.4200: modification of guidance documents; authorized by statute, may bind the (1) Long-term real estate mortgage and provide, with certain exceptions, public, and agency adjudications loans with maturities of not less than 5 that for significant guidance documents, conducted under the APA (5 U.S.C. nor more than 40 years, and continuing the Department will submit those 554), which may bind parties on a case- commitments to make such loans; and documents for review by the Office of by-case basis. Guidance documents may (2) Short- and intermediate-term loans Management and Budget’s (OMB’s) help clarify existing obligations, but and provide other similar financial Office of Information and Regulatory unlike statutes, regulations, and assistance for a term of not more than: Affairs (OIRA) and provide for a period adjudications, cannot themselves (i) 10 years; or of public notice and comment of at least impose obligations on the public. (ii) 15 years to aquatic producers and 30 days. The Department, through its harvesters for their aquatic operations. DATES: The interim final rule is effective component bureaus, issues a variety of * * * * * October 28, 2020. Comments on the guidance documents in an effort to assist businesses and the public in ■ 4. Section 614.4200 is revised by interim final rule must be received by October 28, 2020. understanding their obligations, as well adding paragraph (c) to read as follows: as agency procedures, under existing ADDRESSES: You may submit comments statutes and regulations. For example, § 614.4200 General requirements. by the following method: when the National Oceanic and * * * * * Electronic submissions: Submit all Atmospheric Administration modified (c) Loan amortization. If a direct electronic public comments via the its regulations pertaining to fishing lender amortizes a loan over a period of Federal e-Rulemaking portal: http:// quotas for widow rockfish in the Pacific time that is longer than the term to www.regulations.gov at docket number Groundfish fishery, it issued a small maturity under § 614.4000(a), DOC–2020–0004. entity compliance guide intended to § 614.4010(a), § 614.4030(a), Instructions: All comments received provide to fishermen in the region a are a part of the public record and will § 614.41040(a), or § 614.4050(a)(1) or (2), plain-language summary of the new generally be posted to http:// it must establish a loan amortization regulations and how they would work. www.regulations.gov without change. schedule that is: The guide includes information about All Personal Identifying Information (for (1) Consistent with its loan why the new rules were issued, how example, name, address, etc.) underwriting standards adopted fishermen could expect their existing voluntarily submitted by the commenter pursuant to § 614.4150; and allocations to be affected, relevant (2) Appropriate to the type and may be publicly accessible. Do not deadlines, and the opportunity to purpose of the loan, expected useful life submit confidential business appeal.1 The United States Patent and of the asset being financed, and the information or otherwise sensitive or Trademark Office, for its part, publishes repayment capacity of the borrower. protected information. and periodically updates a trial practice Dated: August 19, 2020. FOR FURTHER INFORMATION CONTACT: guide for patent bar attorneys practicing Dale L. Aultman, Xenia Kler, Office of the Assistant before the Patent Trial and Appeal Secretary, Farm Credit Administration Board. General Counsel for Legislation and Board.2 And the Enforcement and Regulation, 202–482–5354, or via email Compliance unit of the International [FR Doc. 2020–18552 Filed 9–25–20; 8:45 am] [email protected]. BILLING CODE 6705–01–P Trade Administration, through its SUPPLEMENTARY INFORMATION: External User Guide, provides guidance Background to interested parties about how to navigate its ACCESS electronic filing DEPARTMENT OF COMMERCE On October 9, 2019 (84 FR 55235), the system, which is used in trade President issued Executive Order 13891, 3 15 CFR Part 29 proceedings involving unfair imports. entitled ‘‘Promoting the Rule of Law These guidance documents, and others [Docket No. 200819–0223] Through Improved Agency Guidance like them throughout the Department, Documents,’’ which seeks to ensure that RIN 0605–AA57 are intended only to be helpful to the when Federal agencies issue guidance public, and none are intended to impose Promoting the Rule of Law Through documents, the agencies: Do not treat new or additional obligations. The Improved Agency Guidance those guidance documents alone as Department’s guidance documents are, Documents imposing binding obligations both in furthermore, almost always published law and in practice, except as on the Department’s website, or those of AGENCY: Department of Commerce. incorporated into a contract; take public its bureaus, in order to help ensure they ACTION: Interim final rule; request for input into account in formulating are readily available to the public. comments. significant guidance documents; and In order to further assist the public, make guidance documents readily going forward, the Department, as SUMMARY: The Department of Commerce available to the public. explained in an earlier notice (85 FR (Department) issues regulations to The Executive order, consistent with implement the requirements of an previous OMB memoranda, defines 1 https://archive.fisheries.noaa.gov/wcr/ Executive order entitled ‘‘Promoting the ‘‘guidance document’’ as ‘‘an agency publications/fishery_management/groundfish/ Rule of Law Through Improved Agency statement of general applicability, catch_shares/rockfish-compliance-guide-2017.pdf. Guidance Documents’’ signed October 9, intended to have future effect on the 2 https://www.uspto.gov/patents-application- process/patent-trial-and-appeal-board/ptab-trial- 2019. Consistent with the Executive behavior of regulated parties, that sets practice-guide-august-2018. order, these regulations require that the forth a policy on a statutory, regulatory, 3 https://access.trade.gov/help/ACCESS_User_ Department clearly state that guidance or technical issue, or an interpretation Guide.pdf.

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12771), will provide access to its public, except as authorized by law or This rule has been determined to be guidance documents through a as incorporated into a contract. not significant for purposes of Executive centralized web portal, Guidance documents are intended only Order 12866. www.commerce.gov/guidance (‘‘Web to provide clarity to the public regarding This rule is not an Executive Order Portal’’), dedicated to guidance existing requirements under the law or 13771 regulatory action because this documents, with links to additional, with respect to agency policies or rule is not significant under Executive corresponding web pages maintained by practices. Order 12866. individual bureaus of the Department. Second, this rule provides that the Pursuant to section 605(b) of the In compliance with Executive Order Department will submit for review by Regulatory Flexibility Act (RFA), the 13891, the Web Portal will note that the OIRA all significant guidance Chief Counsel for Regulation of the guidance documents lack the force and documents. When appropriate, the Department has certified to the Chief effect of law, except as authorized by Department plans to seek from OIRA Counsel for Advocacy of the Small law or as incorporated into a contract. significance determinations for Business Administration that this rule, In further compliance with Executive guidance documents in a similar if adopted, would not have a significant Order 13891, the Department will make manner as it does for rulemakings. In economic impact on a substantial accessible all documents determined by the event that OIRA determines that a number of small entities. This rule is the Department to qualify as guidance guidance document is significant or purely an agency procedural rule for the documents currently in effect in the economically significant as defined in use and management of guidance Web Portal. The Department will not section 2 of Executive Order 13891, the documents by the Department and does retain in effect any guidance document Department will provide OIRA not burden the public. Therefore, this without providing access to it in the sufficient time to review the document rule will not have a significant Department’s Web Portal. The prior to publishing the guidance economic impact on a substantial Department’s guidance documents document, unless the Department and number of small entities. issued in the future will also be the OIRA Administrator agree that This rule does not have any collection accessible through the Web Portal. As exigency, safety, health, or other of information requirements under the appropriate, for each guidance compelling cause warrant otherwise. Paperwork Reduction Act. document accessible through the Once OIRA’s review is complete, the List of Subjects in 15 CFR Part 29 Department’s Web Portal, including the Department will, absent good cause, websites of the individual bureaus, the provide the public with a notice and Administrative practice and relevant website will provide: A concise comment period of at least 30 days procedure, Categorical exemptions, name for the guidance document; an before issuing a final guidance Guidance documents, Procedures, issuance date; a posting date; a unique document, and provide a public Significance determinations. identifier, the general topic addressed; response addressing major concerns that For reasons set forth in the preamble, and a brief summary. were raised. In the future, if the 15 CFR part 29 is added to read as In addition, the Department has Department determines that a category follows: reviewed, and will continue to review, of guidance documents is generally of documents determined to qualify as limited importance to the public or PART 29—PROCEDURES FOR guidance documents and, consistent routine, it may, consistent with section GUIDANCE DOCUMENTS with applicable law, will rescind those 4(b) of Executive Order 13891, request guidance documents that it determines a categorical exemption from OIRA Sec. 29.1 Definitions. should no longer be in effect. The review or a presumptive determination 29.2 Procedures for issuing guidance Department will not cite, use, or rely on that such guidance documents are not documents. any rescinded guidance document significant. 29.3 Public petition for withdrawal or except to establish historical facts. Finally, this rule provides procedures modification. In issuing this interim final rule, the for the public to petition the Department 29.4 General provisions. Department seeks both to codify its for withdrawal or modification of Authority: 15 U.S.C. 1512. existing practices with respect to guidance documents, and each of the guidance documents and to implement Department’s bureaus will designate one § 29.1 Definitions. the further requirements set forth in or more individuals whom members of As used in this part: section 4 of Executive Order 13891. The the public can contact concerning such Administrator means the interim final rule sets out procedures petitions. Administrator of the Office of the Department will follow with respect Classification Management and Budget’s Office of to its guidance documents. These Information and Regulatory Affairs include: For all guidance documents, This interim final rule is a rule of (OIRA). clearly stating that such documents do agency organization, procedure, or Department means the Department of not bind the public, except as practice, codifying in the CFR the Commerce including any of its authorized by law or as incorporated Department’s existing procedures and component bureaus and agencies. into a contract; for significant guidance Executive Order 13891’s requirements Guidance document means a documents, providing, with certain regarding the development, review, and Department statement of general exceptions, that the Department will clearance of guidance documents. applicability, intended to have future submit such documents for OIRA Therefore, pursuant to 5 U.S.C. effect on the behavior of regulated review and provide a 30-day period for 553(b)(3)(A), notice and public parties, that sets forth a policy on a public notice and comment; and comment are not required. Nonetheless, statutory, regulatory, or technical issue, establishing procedures for the public to while no proposed rule is being issued, or an interpretation of a statute or petition for withdrawal or modification comments are solicited from the public regulation, but does not include the of guidance documents. on all aspects of this interim final rule, following: First, this rule provides that the and the Department will consider all (1) Rules promulgated pursuant to Department will clearly indicate that public comments received in the notice and comment under 5 U.S.C. 553, guidance documents do not bind the development of a subsequent final rule. or similar statutory provisions;

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(2) Rules exempt from rulemaking compelling cause warrants an exception § 29.4 General provisions. requirements under 5 U.S.C. 553(a); from some or all requirements, the Notwithstanding any other provision (3) Rules of Department organization, Department will: in this part, nothing in this part shall procedure, or practice; (i) Provide a period of public notice apply: (4) Decisions of Department and comment of at least 30 days before (a) To any action that pertains to adjudications under 5 U.S.C. 554, or issuance of a final guidance document, foreign or military affairs, or to a similar statutory provisions; and a public response from the national security or homeland security (5) Internal guidance directed to the Department to major concerns raised in function of the United States (other than Department that is not intended to have comments, except when the Department guidance documents involving substantial future effect on the behavior for good cause finds (and incorporates procurement or the import or export of of regulated parties; or such finding and a brief statement of articles and services subject to the (6) Internal executive legal advice or reasons therefor into the guidance Department’s jurisdiction); legal opinions addressed to executive document) that notice and public (b) To any action related to a criminal branch officials. comment thereon are impracticable, investigation or prosecution, including Pre-enforcement ruling means a unnecessary, or contrary to the public undercover operations, or any civil formal written communication by the interest; enforcement action or related to a Department in response to an inquiry criminal investigation or prosecution, from a person concerning compliance (ii) Seek approval on a non-delegable basis by the Secretary or by a including undercover operations, or any with legal requirements that interprets civil enforcement action or related the law or applies the law to a specific Department component head appointed by the President, before issuance; and investigation by the Department of set of facts supplied by the person. The Justice, including any action related to term includes informal guidance under (iii) Submit the significant guidance a civil investigative demand under 18 section 213 of the Small Business document for review by OIRA under U.S.C. 1968; Regulatory Enforcement Fairness Act of Executive Order 12866 before issuance. (c) To any investigation of misconduct 1996, Public Law 104–121 (Title II), as (2) This section does not apply to pre- by a Department employee or any amended, letter rulings, advisory enforcement rulings. disciplinary, corrective, or employment opinions, and no-action letters. (3) This section does not apply to any action taken against a Department Secretary means the Secretary of document that falls within a class which employee; Commerce. the Administrator or the Administrator’s (d) To any document or information Significant guidance document means designee has determined is exempt from that is exempt from disclosure under the a guidance document deemed to be consideration as significant guidance Freedom of Information Act (FOIA), 5 significant by OIRA because it may documents. U.S.C. 552(b); or reasonably be anticipated to: (e) In any other circumstance or (1) Lead to an annual effect on the § 29.3 Public petition for withdrawal or proceeding to which application of this economy of $100 million or more or modification. section, or any part of this part, would, adversely affect in a material way the (a) The public may petition for in the judgment of the Secretary, economy, a sector of the economy, withdrawal or modification of a undermine the national security. productivity, competition, jobs, the particular guidance document by environment, public health or safety, or Dated: August 19, 2020. submitting such petition through the Robert Blair, State, local, or tribal governments or designated website: Department of Director of Policy and Strategic Planning. communities; Commerce: www.commerce.gov/ (2) Create serious inconsistency or guidance; Bureau of Economic Analysis [FR Doc. 2020–18604 Filed 9–25–20; 8:45 am] otherwise interfere with an action taken (BEA): www.bea.gov/guidance; Bureau BILLING CODE 3510–DT–P or planned by another agency; of Industry and Security (BIS): (3) Materially alter the budgetary www.bis.doc.gov/guidance; U.S. Census impact of entitlements, grants, user fees, Bureau: www.census.gov/guidance; DEPARTMENT OF ENERGY loan programs, or the rights and Economic Development Administration: Federal Energy Regulatory obligations of recipients thereof; or www.eda.gov/guidance; International Commission (4) Raise novel legal or policy issues Trade Administration (ITA): arising out of legal mandates, the www.trade.gov/guidance; Minority 18 CFR Part 385 President’s priorities, or the principles Business Development Agency (MBDA): of Executive Order 12866. www.mbda.gov/guidance; National [Docket No. RM19–18–001] § 29.2 Procedures for issuing guidance Institute of Standards and Technology documents. (NIST): www.nist.gov/guidance; Formal Requirements for Filings in Proceedings Before the Commission (a) The Department will indicate National Oceanic and Atmospheric prominently that each guidance Administration (NOAA): AGENCY: Federal Energy Regulatory document does not bind the public, www.noaa.gov/guidance; National Commission. Technical Information Service (NTIS): except as authorized by law or as ACTION: Order addressing clarification www.ntis.gov/guidance; National incorporated into a contract. and arguments raised on rehearing. (b) The Department will comply with Telecommunications and Information Executive Orders 12866, 13563, 13609, Administration (NTIA): SUMMARY: In this order, the Federal 13771 and 13777 in issuing guidance www.ntia.doc.gov/guidance; and U.S. Energy Regulatory Commission documents. Patent and Trademark Office (USPTO): (Commission) acknowledges a request (c)(1) For a significant guidance www.uspto.gov/guidance. for clarification of Order No. 862 or, in document, as determined by the (b) The Department or the relevant the alternative, rehearing of that Order. Administrator unless the Department individual bureau will provide a Order No. 862 amended the and the Administrator agree that response to such petition within 90 days Commission’s regulations to require that exigency, safety, health, or other of receipt of the petition. the filings and submissions to be

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delivered to the Commission, other than to reach the same result in this be stamped and recorded by the by the United States Postal Service, are proceeding, as discussed below.6 Commission as received on that date. instead to be sent to the Commission’s II. Discussion B. Request for Clarification or, in the off-site security screening facility. In Alternative, Rehearing this order, the Commission grants A. Order No. 862 5. Spiegel seeks clarification as to clarification and, therefore, does not 3. The Commission’s prior regulations whether the Commission will establish address the arguments raised on provided that filers should send hard- ‘‘a legally valid back-up to electronic rehearing. copy submissions directly to the filing . . . in the event the eFiling Commission’s principal office, which is DATES: The order addressing system experiences an unexpected located at 888 First Street NE, clarification is effective September 28, malfunction on the day a filing is Washington, DC 20426. In Order No. 2020. due.’’ 10 Spiegel offered several options 862, the Commission determined that FOR FURTHER INFORMATION CONTACT: to ensure that the Commission has in sending hard-copy (including hand- Christopher Cook, Office of the place a legally valid back-up to its delivered) submissions, other than by Secretary, 888 First Street NE, eFiling system. First, Spiegel USPS, to an off-site facility for security Washington, DC 20426, (202) 502–8102, recommends that the Commission screening and processing, prior to being [email protected]. Mark consider clarifying that, if the eFiling delivered to the Commission’s principal Hershfield, Office of the General system is malfunctioning during certain office, would better protect the safety of hours, the filing deadline will roll over Counsel, Federal Energy Regulatory the Commission, its employees, and the to the next available business day.11 Commission, 888 First Street NE, public. The revised regulations still Second, Spiegel proposes that the Washington, DC 20426, (202) 502–8597, permitted USPS mail to be sent directly Commission could formalize its email [email protected]. to the Commission’s headquarters.7 system to accept filings when they are SUPPLEMENTARY INFORMATION: Deliveries may be made to the off-site unable to be filed through normal facility in-person (by the filing entity or I. Background eFiling. Third, Spiegel suggests its designee) during the hours of 7:00 combining its first two 1. In Order No. 862, the Commission a.m. to 3:30 p.m. The Commission recommendations, which it considers to amended its regulations to require that explained that revising the be its principal recommendation. any filings and submissions to be Commission’s procedures to have Finally, Spiegel states that, if these delivered to the Commission, other than hardcopy/hand-delivered submissions alternatives are not considered legally by the United States Postal Service delivered to an off-site facility for and practically feasible, the Commission (USPS), should be sent to the security screening, before delivery to the should allow hand-deliveries to be Commission’s off-site security screening Commission, was consistent with 1 made at Commission headquarters and facility. The regulations still permitted government-wide guidance.8 USPS mail to be sent directly to the 4. Moreover, the Commission logged in before being sent to the off-site facility for screening.12 To limit security Commission’s headquarters. Spiegel & determined that Order No. 862 would risks, Spiegel suggests that the option of McDiarmid LLP (Spiegel) requested not affect the public’s ability to make hand-deliveries could be limited to clarification, or, in the alternative, timely filings. The Commission known entities. rehearing in order ‘‘to ensure that a reiterated that the public is strongly legally valid back-up means of timely 6. As an alternative to the encouraged to submit filings and Commission providing clarification, filing will remain available, in the event submissions electronically, through the the Commission’s electronic filing Spiegel requests rehearing, asserting Commission’s eFiling application, at that the Commission erred, in Order No. (‘‘eFiling’’) system experiences an https://www.ferc.gov/.9 The Commission unexpected malfunction on the day a 862, in three aspects. First, Spiegel also explained that the off-site facility argues that the Commission erred in filing is due.’’ 2 For the reasons would log all deliveries when received discussed below, we grant clarification determining that the final rule would and would provide the Commission not ‘‘affect the public’s ability to make and, therefore, do not address the with the log so that the documents may arguments raised on rehearing. timely filings.’’ Second, Spiegel states that the Commission did not adequately 2. Pursuant to Allegheny Defense 6 Allegheny Def. Project, slip op. at 30. The consider the implication of changing the Project v. FERC,3 the rehearing request Commission is not changing the outcome of Order filed in this proceeding may be deemed No. 862. See Smith Lake Improvement & filing deadline for hand-deliveries from denied by operation of law. As Stakeholders Ass’n v. FERC, 809 F.3d 55, 56–57 5:00 p.m. ET to 3:30 p.m. ET. Finally, (D.C. Cir. 2015). Spiegel notes that the Commission erred permitted by section 313(a) of the 7 USPS has existing ‘‘security, screening, and Federal Power Act,4 and section 19(a) of in concluding that the final rule was the control processes’’ that comply with U.S. best option for balancing physical the Natural Gas Act,5 however, we are Department of Homeland Security’s best practices. modifying Order No. 862 and continue See Alex Dobuzinskis, Screening for Poisons, security against the ability of parties to Explosives in Mail a Daily Reality After U.S. make timely filings.13 Threats, Reuters (Oct. 3, 2018) (USPS ‘‘has 1 Formal Requirements for Filings in Proceedings developed a comprehensive approach to protecting C. Commission Determination Before the Commission, Order No. 862, 84 FR 46438 the mail system by utilizing a targeted strategy of (Sept. 4, 2019), 168 FERC ¶ 61,120 (2019). specialized technology, screening protocols and 7. In response to Spiegel’s request for 2 Spiegel Request at 1. employee training.’’). clarification, we clarify the practice that 3 Allegheny Def. Project v. FERC, 964 F.3d 1 (D.C. 8 See U.S. Department of Homeland Security, Best the Commission currently uses (and will Cir. 2020) (en banc). Practices for Managing Mail Screening and continue to use) if a filer experiences a 4 16 U.S.C. 825l(a) (‘‘Until the record in a Handling Processes: A Guide for the Public and Commission eFiling system malfunction proceeding shall have been filed in a court of Private Sectors, at 17 (Sept. 2012) https:// appeals, as provided in subsection (b), the www.cisa.gov/sites/default/files/publications/isc- Commission may at any time, upon reasonable mail-handling-screening-nonfouo-sept-2012- 10 Spiegel Request at 9 (citing 18 CFR notice and in such manner as it shall deem proper, 508.pdf. 385.2007(a)(2), and Cities of Batavia v. FERC, 672 modify or set aside, in whole or in part, any finding 9 See 168 FERC ¶ 61,120 at P 6 (citing 18 CFR F.2d 64, 72–73 (D.C. Cir. 1982)). or order made or issued by it under the provisions 385.2001(a)(1)(iii)); see also Filing Via the internet, 11 Id. at 7. of this chapter.’’). Order No. 703, 72 FR 65659, (Nov. 23, 2007), 121 12 See id. at 7–8. 5 15 U.S.C. 717r(a). FERC ¶ 61,171 (2007). 13 Id. at 3–4.

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while attempting to timely submit a evidence of a timely attempt to file as DEPARTMENT OF STATE filing. As Spiegel acknowledges, outlined in paragraph 8 above; and (ii) electronic filing will ‘‘often suffice.’’ 14 complete the filing as set forth in 22 CFR Part 126 In fact, based on the Commission’s paragraph 9 above. If the filer meets [Public Notice: 11212] experience, eFiling system malfunctions each of the requirements set forth are infrequent and typically resolved on herein, the filing will be considered RIN 1400–AF14 the day of their occurrence. However, as timely filed by the Commission. International Traffic in Arms explained below, in the rare instance 11. Given that the process outlined where a Commission eFiling system Regulations: Temporary Update to above addresses Spiegel’s principal malfunction prevents a timely filing, the Republic of Cyprus (Cyprus) Country concern, we do not address Spiegel’s filer may continue to use the Policy proposed approaches to ensuring the Commission’s established practice of timely submission of filings in the event AGENCY: contacting the Commission’s Office of Department of State. of an eFiling system malfunction. For the Secretary (OSEC) through ACTION: Temporary final rule. [email protected] to report the the same reason, we do not address SUMMARY: The Department of State is eFiling system malfunction. We outline Spiegel’s alternative request for this practice in detail below to provide rehearing. amending the International Traffic in Arms Regulations (ITAR) to update clarity. III. Document Availability 8. Specifically, should an entity defense trade policy toward the attempt to make a filing during a 12. In addition to publishing the full Republic of Cyprus (Cyprus) by Commission eFiling system text of this document in the Federal temporarily removing prohibitions on malfunction, the filer shall email OSEC Register, the Commission provides all exports, reexports, retransfers, and at [email protected] to notify interested persons an opportunity to temporary imports of non-lethal defense staff of the malfunction. That email view and/or print the contents of this articles and defense services destined shall: (1) Summarize the problem; (2) document via the internet through the for or originating in Cyprus. On June 2, attach, if feasible, the public version of Commission’s Home Page (http:// 2020 the Secretary of State, exercising the filing solely to indicate proof of the www.ferc.gov). At this time, the authority under section 1250A(d) of the filer’s attempt to submit a filing; 15 and Commission has suspended access to National Defense Authorization Act for (3) provide any other evidence of timely the Commission’s Public Reference Fiscal Year 2020 and section 205(d) of attempts to file, such as screenshots of Room due to the President’s March 13, the Eastern Mediterranean Security and error messages. OSEC staff will verify 2020 proclamation declaring a National Energy Act as delegated from the the existence of the reported Emergency concerning the Novel President, determined that it was malfunction and the filer’s attempt to Coronavirus Disease (COVID–19). essential to the national security interest make a timely submission. OSEC will of the United States to waive the 13. From the Commission’s Home limitations on non-lethal defense also acknowledge and respond to the Page on the internet, this information is filer’s email. articles and defense services destined available on eLibrary. The full text of for or originating in Cyprus. The waiver 9. Importantly, however, a filer’s this document is available on eLibrary email informing OSEC of an eFiling is effective for one fiscal year. This in PDF and Microsoft Word format for amendment reflects that waiver. malfunction does not itself constitute a viewing, printing, and/or downloading. DATES: formal submission of the filing and will To access this document in eLibrary, This temporary rule is effective not be processed as such. If the eFiling type the docket number excluding the on October 1, 2020, and expires on system error is not corrected in a last three digits of this document in the September 30, 2021, unless manner that permits filing by 5:00 p.m. docket number field. subsequently extended. on the date the filing was attempted, the FOR FURTHER INFORMATION CONTACT: filer must also comply with the 14. User assistance is available for Sarah Heidema, Office of Defense Trade following steps. In addition to notifying eLibrary and the Commission’s website Controls Policy, Department of State, OSEC by email, the filer must, at the during normal business hours from the telephone (202) 663–2809, or email earliest possible time on the next Commission’s Online Support at 202– [email protected]. business day, either: (1) Formally 502–6652 (toll free at 1–866–208–3676) ATTN: Regulatory Change, ITAR submit the filing electronically through or email at [email protected], Section 126.1 Cyprus Country Policy the eFiling system; or (2) submit the or the Public Reference Room at (202) Update. filing by hard copy to the off-site 502–8371, TTY (202) 502–8659. Email SUPPLEMENTARY INFORMATION: screening facility. Of the foregoing two the Public Reference Room at Section options, the filer shall choose the most [email protected]. 1250A(d) of the National Defense Authorization Act for Fiscal Year 2020 expedient option. 15. The Commission orders: (Pub. L. 116–92) and section 205(d) of 10. In sum, we note that, should an In response to Spiegel’s request for entity attempt to make a filing during a the Eastern Mediterranean Security and clarification or, in the alternative, Energy Act (Div. J., Pub. L. 116–94) Commission eFiling system request for rehearing, Order No. 862 is malfunction, in order for a filing to be provide that the policy of denial for hereby modified and the result exports, reexports, or transfers of deemed timely made, the filer must: (i) sustained, as discussed in the body of Notify OSEC by email containing the defense articles on the United States this order. Munitions List (USML) to Cyprus shall 14 Id. at 5. By the Commission. remain in place unless the President 15 Any information that the filer believes is Issued: August 18, 2020. determines and certifies to the subject to privileged treatment under the appropriate congressional committees Commission’s regulations shall be redacted from Kimberly D. Bose, not less than annually that: (A) Cyprus the version emailed to OSEC. If the file is too large Secretary. to send via email the filer should identify that issue is continuing to cooperate with the U.S. [FR Doc. 2020–18658 Filed 9–25–20; 8:45 am] in its email to OSEC through ferconlinesupport@ Government in anti-money laundering ferc.gov. BILLING CODE 6717–01–P reforms; and (B) Cyprus has taken the

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steps necessary to deny Russian military expenditure by state, local, and tribal litigation, establish clear legal vessels access to ports for refueling and governments, in the aggregate, or by the standards, and reduce burden. servicing. These provisions further private sector, of $100 million or more Executive Order 13175 provide that the President may waive in any year and it will not significantly these limitations for one fiscal year if or uniquely affect small governments. The Department of State determined the President determines that it is Therefore, no actions were deemed that this rulemaking will not have tribal essential to the national security necessary under the provisions of the implications, will not impose interests of the United States to do so. Unfunded Mandates Reform Act of substantial direct compliance costs on On April 14, 2020, the President 1995. Indian tribal governments, and will not delegated to the Secretary of State the preempt tribal law. Accordingly, the Small Business Regulatory Enforcement functions and authorities vested by requirements of Executive Order 13175 Fairness Act of 1996 section 1250A(d) of the National do not apply to this rulemaking. Defense authorization Act for Fiscal The Department does not believe this Executive Order 13771 Year 2020 (Pub. L. 116–92) and section rulemaking is a major rule within the 205(d) of the Eastern Mediterranean definition of 5 U.S.C. 804. This temporary rule is exempt from Security and Energy Partnership Act of the provisions of E.O. 13771, since it Executive Orders 12372 and 13132 2019 (Div. J., Pub. L. 116–94) (85 FR relates to a military or foreign affairs 35797). On June 2, 2020, utilizing these This rulemaking will not have function of the United States. delegated functions and authorities, the substantial direct effects on the States, Paperwork Reduction Act Secretary of State determined that it is on the relationship between the essential to the national security interest National Government and the States, or This temporary rule does not impose of the United States to temporarily on the distribution of power and any new reporting or recordkeeping remove restrictions on the export, responsibilities among the various requirements subject to the Paperwork reexport, retransfer, and temporary levels of government. Therefore, in Reduction Act, 44 U.S.C. Chapter 35. import of non-lethal defense articles and accordance with Executive Order 13132, List of Subjects in 22 CFR Part 126 defense services destined for or the Department has determined that this Arms and munitions, Exports. originating in Cyprus. This rulemaking does not have sufficient determination requires the Department federalism implications to require Accordingly, for the reasons set forth to update ITAR section 126.1(r) to consultations or warrant the preparation above, title 22, chapter I, subchapter M, specify the circumstances provided in of a federalism summary impact part 126 is amended as follows: section 1250A(d) of the National statement. The regulations PART 126—GENERAL POLICIES AND Defense Authorization Act for Fiscal implementing Executive Order 12372 PROVISIONS Year 2020 (Pub. L. 116–92) and section regarding intergovernmental 205(d) of the Eastern Mediterranean consultation on Federal programs and ■ 1. The authority citation for part 126 Security and Energy Act (Div. J., Pub. L. activities do not apply to this continues to read as follows: 116–94) in which the policy of denial rulemaking. for exports, reexports, retransfers, and Authority: 22 U.S.C. 2752, 2778, 2780, temporary import of non-lethal defense Executive Orders 12866 and 13563 2791, and 2797; 22 U.S.C. 2651a; 22 U.S.C. articles and defense services destined 287c; Sec. 1225, Pub. L. 108–375; Sec. 7089, Executive Orders 12866 and 13563 Pub. L. 111–117; Pub. L. 111–266; Sections for or originating in the Republic of direct agencies to assess costs and 7045 and 7046, Pub. L. 112–74; E.O. 13637, Cyprus will not apply. benefits of available regulatory 78 FR 16129. Regulatory Analysis and Notices alternatives and, if regulation is ■ 2. Section 126.1 is amended by necessary, to select regulatory revising paragraph (r) to read as follows: Administrative Procedure Act approaches that maximize net benefits The Department of State is of the (including potential economic, § 126.1 Prohibited exports, imports, and opinion that controlling the import and environmental, public health and safety sales to or from certain countries. export of defense articles and services is effects, distributed impacts, and equity). * * * * * a military or foreign affairs function of These executive orders stress the (r) Cyprus. It is the policy of the the United States Government and that importance of quantifying both costs United States to deny licenses or other rules implementing this function are and benefits, of reducing costs, of approvals for exports or imports of exempt from sections 553 (rulemaking) harmonizing rules, and of promoting defense articles and defense services and 554 (adjudications) of the flexibility. Because the scope of this destined for or originating in Cyprus, Administrative Procedure Act. Since temporary rule implements a except that a license or other approval this temporary rule is exempt from 5 governmental policy increasing defense may be issued, on a case-by-case basis, U.S.C. 553, the provisions of section trade with a country, and does not for the United Nations Forces in Cyprus 553(d) do not apply to this rulemaking. impose additional regulatory (UNFICYP) or for civilian end-users. Therefore, this temporary rule is requirements or obligations on the This policy of denial does not apply to effective upon publication. public, the Department believes costs exports, reexports, retransfers, and associated with this temporary rule will temporary imports of non-lethal defense Regulatory Flexibility Act be minimal. The Department also finds articles and defense services destined Since this temporary rule is exempt that any costs of this rulemaking are for or originating in Cyprus if: from the provisions of 5 U.S.C. 553, outweighed by the national security (1) The request is made by or on there is no requirement for an analysis benefits, as described in the preamble. behalf of the Government of the Republic of Cyprus; under the Regulatory Flexibility Act. Executive Order 12988 (2) The end-user of such defense Unfunded Mandates Reform Act of 1995 The Department of State reviewed this articles or defense services is the This rulemaking does not involve a rulemaking in light of Executive Order Government of the Republic of Cyprus; mandate that will result in the 12988 to eliminate ambiguity, minimize and

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(3) There are no credible human rights mission the support and delivery of an the rule addresses such matters as: concerns. integrated, affordable, and high quality Liability for penalties and assessments, * * * * * health service to all DoD beneficiaries determinations regarding the amount of and in doing so, is a responsible steward penalties and assessments, CMPs and Zachary Parker, of taxpayer dollars. In recent years, assessments for false and fraudulent Director. fraud and abuse has inhibited DHA’s claims and other similar misconduct, [FR Doc. 2020–20902 Filed 9–25–20; 8:45 am] mission. The Department of Justice penalties and assessments for unlawful BILLING CODE 4710–25–P (DOJ) is responsible for the prosecution kickbacks, procedures for the of all fraud and abuse in all Federal imposition of CMPs and assessments, healthcare programs, including judicial review, time limitations for DEPARTMENT OF DEFENSE Medicare, TRICARE, and the Federal CMPs and assessments, statistical Employees Health Benefits Program, but sampling, and appeals. Office of the Secretary does not have unlimited resources. DOJ C. Legal Authority for This Program must prioritize cases and is unable to 32 CFR Parts 199 and 200 prosecute a large portion of those The specific legal authority entities who commit fraud and abuse in authorizing the DoD to establish a [DOD–2018–HA–0059] the TRICARE Program. Congress has program to impose CMPs in the RIN 0720–AB74 provided Federal departments TRICARE Program is provided in responsible for a Federal health care section 1128A(m) of the Social Security Civil Money Penalties and program with the authority under Act [42 U.S.C. 1320a–7a(m)]. This Assessments Under the Military Health section 1128A(m) of the Social Security provision of law authorizes Federal Care Fraud and Abuse Prevention Act (42 U.S.C. 1320a–7a(m)) to initiate departments with jurisdiction over a Program administrative proceedings to impose Federal health care program (as defined CMPs against those who commit fraud in section 1128B(f)) of the Social AGENCY: Office of the Secretary, and abuse in their respective Federal Security Act), to impose CMPs as Department of Defense (DoD). health care program. The HHS enumerated in section 1128A of the ACTION: Final rule. implemented this authority many years Social Security Act. Some of the CMPs ago and has a well-developed process enumerated in section 1128A of the SUMMARY: This final rule implements for imposition of CMPs penalties against Social Security Act limit applicability to civil money penalties authority those who commit fraud and abuse in conduct only involving Medicare and provided to all Federal health care the Medicare Program. Medicaid; therefore, this rule programs, including the TRICARE This final rule implements the same implements all CMP authorities under program, under the Social Security Act. authority used by HHS under section section 1128A that are not specifically This authority allows the Secretary of 1128A(m) of the Social Security Act (42 limited to Medicare, Medicaid, or other Defense as the administrator of a U.S.C. 1320a–7a(m)) to establish a HHS-exclusive authority. Federal health care program to impose program to initiate administrative II. Regulatory History civil money penalties (CMPs or proceedings to impose CMPs against penalties) as described in section 1128A those who commit fraud and abuse in For over 25 years, the HHS Office of of the Social Security Act against the TRICARE Program. Inspector General (OIG) has exercised providers and suppliers who commit The purpose of this final rule the authority to impose CMPs, fraud and abuse in the TRICARE implementing CMP authority under assessments, and exclusions in program. This final rule establishes a section 1128A of the Social Security Act furtherance of its mission to protect the program within the DoD to impose is to ensure the integrity of TRICARE Federal health care programs and their CMPs for certain unlawful conduct in and make the Government whole for beneficiaries from fraud and abuse. As the TRICARE program. To the extent funds lost to fraud and abuse, which is those programs have changed over the applicable, this final rule adopts the necessary to the delivery of an last two decades, HHS–OIG has received Department of Health and Human integrated, affordable, and high quality new fraud-fighting CMP authorities in Service’s (HHS’s) well-established CMP health service for all DoD beneficiaries. response. Section 231 of the Health rules and procedures. The program to Insurance Portability and impose CMPs within TRICARE is called B. Summary of Major Provisions Accountability Act of 1996 (HIPAA) the Military Health Care Fraud and For the most part, this final rule expanded the reach of CMPs to include Abuse Prevention Program. The Defense incorporates the provisions of the May Federal health programs other than Health Agency (DHA) shall be the 1, 2019, proposed rule (84 FR 18437). A those funded by HHS. In 1977, Congress agency within the DoD responsible for brief description of the provisions of first mandated the exclusion of administering the Military Health Care this final rule follow. physicians and other practitioners Fraud and Abuse Prevention Program. This final rule establishes CMP convicted of program-related crimes DATES: This rule is effective on October regulations at 32 CFR part 200 to from participation in Medicare and 28, 2020. implement authority provided to the Medicaid through the Medicare- FOR FURTHER INFORMATION CONTACT: DoD under section 1128A of the Social Medicaid Anti-Fraud and Abuse Michael J. Zleit, at 703–681–6012 or Security Act, as amended. The CMP Amendments, Public Law 95–142 (now [email protected]. regulations follow HHS’s process and codified at section 1128 of the Social procedure for imposing CMPs, as well Security Act (the SSA)). This was SUPPLEMENTARY INFORMATION: as HHS’s methodology for calculating followed in 1981 with Congress I. Executive Summary and Overview the amount of penalties and enacting the Civil Money Penalties Law assessments. Accordingly, the (CMPL), Public Law 97–35, section A. Purpose of the Final Rule numerical provisions of 32 CFR part 200 1128A of the SSA, 42 U.S.C. 1320a–7a, The DHA, the agency of the DoD directly correspond to HHS’s numerical to further address health care fraud and responsible for administration of the provisions at 42 CFR part 1003. abuse. The CMPL authorized the TRICARE Program, has as its primary Following this organizational construct, Secretary of Health and Human Services

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to impose penalties and assessments on Contractor (MCSC), a professional and intentionally’’ standard, especially a person, as defined in 42 CFR part association of firms that sells as it lacks the experience of HHS to 1003, who defrauded Medicare or commercial services and products to the investigate and make determinations of Medicaid or engaged in certain other Federal Government, and an interested health care fraud. wrongful conduct. The CMPL also party. The comments included both Response: The TRICARE CMP authorized the Secretary of Health and broad concerns about the issuance of proposed rule, as well as HHS CMP Human Services to exclude persons these CMP regulations, and more rules, use a ‘‘knowingly’’ standard for from Medicare and all State health care detailed concerns on specific aspects of imposition of CMPs and not a programs (including Medicaid). The the CMP provisions. Set forth below is ‘‘knowingly and intentionally’’ Secretary of HHS delegated the CMPL’s a synopsis of the comments received, standard. The term ‘‘intentionally’’ does authorities to HHS–OIG. 53 FR 12993 our response to those comments, and not appear in the TRICARE proposed (April 20, 1988). Since 1981, Congress clarifications being made to the rule. As we stated in the preamble to the created various other CMP authorities regulations at 32 CFR parts 199 and 200. proposed rule, we will be following covering numerous types of fraud and Comment 1: One commenter argues HHS guidance to eliminate any abuse. These new authorities were also Congress has not expressly authorized confusion. For purposes of this final delegated by the Secretary to HHS–OIG the extensive administrative process rule, the term ‘‘knowingly’’ is defined and were added to part 1003. within DoD to apply CMP to TRICARE, consistent with the definition set forth In 1996, Congress expanded the as contemplated in the proposed rule’s in the Civil False Claims Act (31 U.S.C. CMPL and the scope of exclusion to new part 200. 3729(b)) and HHS’s CMP final rule (65 apply to all Federal health care Response: We disagree. In Section 231 FR 24416). As stated in the proposed programs. Section 231 of HIPAA of the HIPAA of 1996, Congress rule, ‘‘knowingly’’ means that a person, expanded the reach of certain CMPs to expressly made CMP authority with respect to an act, has actual include Federal health programs other applicable to all Federal health care knowledge of the act, acts in deliberate than HHS, including specific CMPs that programs and expressly authorized all ignorance of the act, or acts in reckless may be implemented to prevent fraud Federal health care programs develop disregard of the act, and no proof of and abuse in the TRICARE Program. The their own CMP Programs using the specific intent to defraud is required. CMPL authorizes the Department or authority it provided. We believe this definition is sufficiently Comment 2: One commenter agency head to impose CMPs, clear and conduct implicating CMP law expressed concern the proposed rule, assessments, and program exclusions which includes this this requisite intent against individuals and entities who which the commenter stated, ‘‘appears to be unnecessary to protect DoD against will be evaluated for imposition of a submit false or fraudulent or otherwise CMP. improper claims for payment under fraud by manufacturers and distributors TRICARE does not lack experience Federal healthcare programs of drugs and medical devices’’ could regarding fraud and abuse. TRICARE administered by that Department or harm beneficiaries’ access to critical has an established, centralized, and agency. care. The commenter further stated that Subsequent to HIPAA, Congress DoD currently has tools to pursue fraud well-connected fraud and abuse expanded CMP authorities to reach when these products are procured or program within the TRICARE Program. additional conduct, such as: (1) Failure provided by its contractors and those See https://health.mil/Military-Health- to grant an OIG timely access to records, authorities are more simple and less Topics/Access-Cost-Quality-and-Safety/ upon reasonable request; (2) ordering or risky, rather than implementing a CMP Quality-And-Safety-of-Healthcare/ prescribing while excluded when the program. Program-Integrity. Title 32 CFR 199.9 excluded person knows or should know Response: We disagree. The provides fraud and abuse regulations that the item or service may be paid for protection of TRICARE beneficiaries and under the TRICARE program. by a Federal health care program; (3) ensuring they are getting services and Comment 4: One commenter stated making false statements, omissions, or supplies that are medically necessary that although the preamble to the misrepresentations in an enrollment or and appropriate, as well as protecting proposed rule indicates DoD may similar bid or application to participate the program from fraud and abuse, is coordinate with DOJ, there is no in a Federal health care program; (4) our primary concern and the core intent requirement for such coordination, and failure to report and return an of this program. Current administrative DoD may proceed with determining overpayment that is known to the authority includes provider education, health care fraud without applying the person; and (5) making or using a false prepayment and post-payment review, standards that would govern TRICARE record or statement that is material to a limited overpayment recovery, claims if handled by DOJ. As noted, it false or fraudulent claim. temporary claims payment suspensions, is unclear how DHA would interpret Most recently, in the Bipartisan exclusions, and removal from network. knowing and intentional conduct in Budget Act of 2018, Congress doubled The DHA is not currently able to impose imposing a civil money penalty under the maximum amount of penalties and CMPs against those who commit fraud the rule. assessments under section 1128A. in the TRICARE Program. This authority Response: The authority provided by provided by Congress will serve as a Congress at 1128A(c)(1) of the Social III. Public Comments strong deterrent against fraud and abuse Security Act (42 U.S.C. 1320a–7a(c)(1)) The proposed rule titled ‘‘Civil Money in the TRICARE Program. CMPs are a requires the DoD to obtain consent of Penalties and Assessments under the well-established deterrent against DOJ prior to imposing a CMP. The DoD Military Health Care Fraud and Abuse healthcare fraud, utilized by HHS for will coordinate closely with DOJ, Prevention Program’’ published in the many years. CMPs may be imposed in Defense Criminal Investigative Service Federal Register on May 1, 2019 (84 FR addition to any other penalties that may (DCIS), and HHS–OIG. Actions will be 18437–18452), and provided a 60-day be prescribed by law and will not coordinated with DOJ before an initial public comment period. DoD received a conflict with current authority. determination action is made to prevent total of 17 timely-filed public comments Comment 3: A commenter expressed any concurrent DHA and False Claims from three responders: A current concern the proposed rule is unclear as Act (FCA) cases (including qui tam TRICARE Managed Care Support to how DHA will apply the ‘‘knowingly cases), and avoid inconsistent outcomes

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or the occurrence of duplicative Comment 7: A commenter stated that overlapping authority between the DHA penalties, where appropriate. in the context of the TRICARE Retail and the VA potentially resulting in Comment 5: One commenter stated Refund Program, the CMP prohibiting a inconsistent demands for differing that of particular concern is the false statement, omission, or overpayment amounts. proposed rule does not state whether it misrepresentation of material fact in a Response: We believe CMPs offer a would follow an internal DOJ contract to participate as a supplier of great deterrent value over current memorandum [Memorandum from the under a Federal health care program authorities. Congress’s intent provided Associate Attorney General, Limiting would overlap with the responsibility of under to 1128A(a) of the Social Security Use of Agency Guidance Documents in the Department of Veterans Affairs (VA) Act, was that CMPs are ‘‘in addition to Affirmative Civil Enforcement Cases, to administer the Veterans Health Care any other penalties that may be January 25, 2018] that prohibits using Act (VHCA) and would usurp the VA’s prescribed by law.’’ CMPs are noncompliance with agency, sub- authority if applied to the pricing complementary to existing regulation regulatory guidance as a basis for required by the VHCA. The commenter under 32 CFR 199.21(q)(4), which proving knowing violations of law in further states the VA is the sole agency provides ‘‘[i]n the case of the failure of civil enforcement proceedings. responsible for administering the a manufacturer of a covered drug to Response: The memorandum cited by Federal Supply Schedule (FSS) contract honor a requirement of this paragraph the commenter is an internal DOJ and ensuring the accuracy of statutory (q) or to honor an agreement under this memorandum applicable to affirmative and contract prices for covered drugs on paragraph (q), the Director, TMA, in civil enforcement actions brought by the behalf of the DoD. The commenter states addition to other actions referred to in DOJ. The memorandum states the that in their view it is important to not this paragraph (q), may take any other memorandum ‘‘is not intended to, does have overlapping authority to avoid action authorized by law.’’ Additionally, not, and may not be relied upon to, inconsistent interpretation and refunds related to the TRICARE Retail create any rights, substantive or application of the VHCA. Refund Program are subject to procedural, enforceable at law by any Response: A DoD Retail Refund adjustments and reversals of amounts. party in any matter civil or criminal.’’ Pricing Agreement is signed and However, once the overpayment is The memorandum has no effect outside executed between the manufacturer and validated by the DHA and payment has of DOJ components and employees. the DHA. Where a manufacturer makes not been made in accordance with Therefore, any reference to the DOJ false statement, omission, or requirements, the manufacturer could misrepresentation of material fact in a be subject to a CMP for retaining funds memorandum referred to by the contract to participate as a supplier under TRICARE/CHAMPUS to which commenter in the proposed rule would under a Federal health care program, the manufacturer, after applicable have been inappropriate. However, as such as an agreement under the reconciliation, is not entitled. The DoD stated above, the DoD will coordinate TRICARE Retail Refund Program will coordinate with DOJ, VA, DCIS, closely with DOJ, DCIS, and HHS–OIG. pursuant to 10 U.S.C. 1074g(f), that and HHS–OIG, when considering the Actions will be coordinated with DOJ, conduct may implicate CMP law under imposition of a CMP. The CMP Program as required by 1128A(c)(1) of the Social 32 CFR 200.200(b)(3). We do not agree is an enforcement mechanism and will Security Act, before an initial an imposition of a CMP based on not establish the amount to be refunded determination action is made to prevent conduct in violation of the law with the to the TRICARE Program under the any concurrent DHA and FCA cases consent of DOJ and in close TRICARE Retail Refund Program, but (including qui tam cases), and avoid coordination with DCIS, VA, and HHS– rather will rely on current processes and inconsistent outcomes or the occurrence OIG would usurp any of the VA’s procedures to establish a validated of unintended duplicative penalties, authority. CMPs may be imposed in overpayment. where appropriate. addition to any other penalties that may Comment 9: One commenter stated Comment 6: One commenter objected be prescribed by law and will not limit the TRICARE regulation that governs the to the use of a statistical sampling study VA’s authority. Additionally, as stated retail refund program, 32 CFR 199.21(q), as the basis for proving the number and in 32 CFR 199.21(q)(4), ‘‘[i]n the case of requires prescription rebate amounts amount of claims subject to assessment the failure of a manufacturer of a invoiced by manufacturers be treated as of civil money penalties (proposed 32 covered drug to honor a requirement of overpayments under 32 CFR 199.11. CFR 200.1580). this paragraph (q) or to honor an The commenter argues these rebate Response: Statistical sampling is a agreement under this paragraph (q), the amounts, which were never paid to the longstanding proven method for Director, [TRICARE Management manufacturer by DoD should not qualify calculating overpayments, which has Activity] TMA, in addition to other as an overpayment and should not be been upheld in the Courts. See Chaves actions referred to in this paragraph (q), refunded. The commenter stated DoD County Home Health Servs. v. Sullivan, may take any other action authorized by should exclude funds pursuant to the 931 F.2d 914 (D.C. Cir. 1991), cert. law.’’ We believe CMPs will create a TRICARE Retail Refund Program under denied, 402 U.S. 1091 (1992). Statistical strong deterrent against such conduct. § 199.21(q) from the proposed rule. sampling is generally accepted as a basis Comment 8: A commenter expressed Response: Under 32 CFR of recoupment for Federal health care concerns TRICARE should not allow 199.21(q)(3)(iii), ‘‘a refund due under programs. One of the reasons that courts overpayments associated with the this paragraph (q) is subject to § 199.11 permit parties to use statistical sampling TRICARE Retail Refund Program of this part and will be treated as an in cases regarding fraud against the because laws already exist for the return erroneous payment under that section.’’ government is that, there is a ‘‘fairly low of an overpayment. The commenter also Title 32 CFR 199.11 governs risk of error,’’ if appropriate methods are notes calculation of the overpayment overpayments. The proposed rule followed. Accordingly, when amount related to the TRICARE Retail defines overpayments as ‘‘any funds appropriate methods are followed, we Refund Program is very complicated that a person receives or retains under believe statistical sampling is a and can result in frequent and routine TRICARE/CHAMPUS to which the necessary and valid basis to establish restatement of amounts. Therefore, the person, after applicable reconciliation, number and amount of claims subject to commenter reiterates concern the is not entitled under such program.’’ assessment of civil money penalty cases. proposed CMP law will result in Retaining funds subject to rebate under

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the TRICARE Retail Refund Program are significant impact on the network and justice system to make this overpayments, therefore, the DHA does affect access to care. determination. The commenter asked if not consider it appropriate to exclude Response: All providers who submit the Administrative Law Judge (ALJ) refunds required under § 199.21(q) from claims to the TRICARE program in make this determination. the jurisdiction of the CMP regulations. violation of the CMP law shall be Response: TRICARE’s CMP rule Comment 10: A commenter stated the subject to penalties. The majority of implements authority provided in proposed rule does not address providers have at some point submitted section 1128A of the Social Security Act restatements to the VA under the claims to Medicare and have been to initiate administrative proceedings to TRICARE Retail Refund Program, nor subject to almost identical rules for not impose civil money penalties against does it clarify when knowledge of an submitting claims involving fraud or those who commit fraud and abuse in additional refund caused by a restated abuse for many years in the Medicare the Medicare Program. This authority at rebate amount would trigger an Program. Such restrictions on all 1128A(c)(1) of the Social Security Act overpayment. The commenter indicated providers, including specialty (42 U.S.C. 1320a–7a(c)(1)) requires the a restated amount requires validation by providers, are standard for submitting DoD to obtain consent of DOJ prior to the VA and seeks clarification that claims in a Federal healthcare program. imposing a CMP. The DHA will make knowledge of an overpayment under the Establishment of this program under this determination pursuant to the TRICARE program cannot begin until authority provided by Congress is authority under 1128A in close restated values are established by the entirely appropriate for the protection of coordination with DOJ, DCIS, and HHS– VA. TRICARE beneficiaries and to ensure OIG. Administrative Law Judges are Response: The TRICARE Retail that they receive only medically required under 1128A(e) of the Social Refund Program operates independently necessary and appropriate services and Security Act. The ALJ will make the from other Federal Pricing Programs, supplies. final agency determination on appeals Comment 12: The commenter also such that, agreements with or filed with the DHA. stated current statistical sampling Comment 14: A commenter participation under other programs has methodology under the TRICARE questioned whether the MCSC will no bearing on a pharmaceutical agent’s program differs from CMS, which could continue to develop and submit cases of covered status or refund eligibility. be called into question since there is no potential fraud within current Covered drug status is determined by precedence for collecting CMP or an thresholds in view of the proposed rule VA, they are the lead agency for extrapolated loss. The commenter notes and whether those cases will be the providing this information to DHA. recent draft changes to policy rely on basis for the imposition of a CMP. When calculating refunds, DoD uses the TRICARE Managed Care Support Response: The MCSC will continue to non-Federal Average Manufacturer Price Contractor to determine statistical develop and submit cases under Section (FAMP) and Federal Ceiling Price (FCP) sampling methodology. The commenter C of current contracts and in accordance amounts provided by the VA. DHA will states this does not follow CMS with TRICARE Operations Manual, request from the VA the current annual precedent and questions whether it is Chapter 13. The CMP Program will have FCP and the annual non-FAMP from DHA’s intent to change this process to no impact on current contracts with which it was derived prior to compiling mirror CMS? TRICARE’s MCSC. each quarterly invoice. The pricing data Response: We do not agree current Comment 15: The commenter also obtained will be applicable to all statistical methodology under the asked whether it is the Government’s prescriptions filled during each TRICARE Program differs from CMS. As intent to amend MCSC contracts to now respective quarter. If a manufacturer stated in the proposed rule at 32 CFR include the Military Health Care Fraud believes the data provided by the VA to 200.1580, TRICARE’s process for and Abuse Prevention Program within DHA are erroneous, it is the conducting a statistical sampling case their scope of services or will this be bid manufacturer’s responsibility to contact will be ‘‘based upon an appropriate separately? If bid separately, the the VA to address any restatements or sampling and computed by valid administrator of this program would corrections. statistical methods [.]’’ TRICARE will need to work closely with MCSC to The DHA and the TRICARE Program not have its MCSC perform statistical ensure both entities are prepared to validate overpayments independently sampling involving CMPs. Any changes address inquiries, appeals, grievances, from the VA. As stated above, the CMP in policy requirements in effect litigation, customer dissatisfaction, etc. program will not establish the amount regarding the MCSC’s responsibility for In addition, the data and facts from to be refunded to the TRICARE Program statistical sampling do not involving which each CMP case is based on would under the TRICARE Retail Refund statistical sampling under the CMP need to originate from the MCSC, who Program, but rather will rely on current Program. HHS OIG also does not use provides the services and process claims processes and procedures to establish a CMS contractors to perform statistical for payment. Has this been considered? final, validated amount. The DHA will sampling for its CMP cases. As stated The effort required to handle inquiries, provide Demand Letters to above, there is precedence for utilizing establish operations, address legal Manufacturers notifying them of statistical sampling as evidence of the actions, field calls, respond to amounts due. number and amount of claims and/or complaints and other administrative Comment 11: One commenter stated requests for payment. Use of statistical support functions would be TRICARE providers do not necessarily sampling has been upheld in the Courts considerable. CMP actions taken against participate in Centers for Medicare and and is regularly used by HHS within its providers could cause reputational Medicaid Services (CMS) programs. CMP program. TRICARE will follow a impact to the program and its Certain specialties, such as Applied similar process to that of CMS and HHS. contractors and subcontractors, adding Behavioral Analysis, may not even be Comment 13: A commenter stated the reputational risk. covered under the programs currently proposed rule indicates the rule would Response: DHA does not intend to subject to CMPs. Imposing such apply to providers and suppliers who amend its current MCSC contracts to restrictions on specialty providers who commit fraud and abuse, which are both incorporate any additional requirements have historically not participated in criminal and civil violations. The involving CMP authority. The DHA will CMP programs could be have a commenter stated this would require the operate its CMP Program independently

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of the MCSC. The CMP program will available regulatory alternatives and, if million or more; or a major increase in have no impact on case referral regulation is necessary, to select costs or prices for consumers, requirements with current TRICARE regulatory approaches that maximize individual industries, Federal, State, or MCSCs. net benefits (including potential local government agencies, or Comment 16: A commenter stated that economic, environmental, public health geographic regions; or significant under the current model utilized by and safety effects, distribute impacts, adverse effects on competition, TRICARE’s MCSCs, claim audits reveal and equity). E.O. 13563 emphasizes the employment, investment, productivity, overpayments on a claim line basis, importance of quantifying both costs innovation, or on the ability of United which can be recovered. Credits are and benefits, of reducing costs, of States-based enterprises to compete issued to the Government with an harmonizing rules, and of promoting with foreign-based enterprises in accompanying TRICARE encounter data flexibility. It has been determined that domestic and export markets. This final (TED) record update to ensure proper this rule is not a significant regulatory rule is not a major rule, because it does reconciliation of payments. Extrapolated action. The rule does not: (1) Have an not reach the economic threshold or loss collection cannot be credited back annual effect on the economy of $100 have other impacts as required under to an individual claims and therefore million or more or adversely affect in a the Congressional Review Act. would not result in a TED updates material way the economy; a section of Public Law 96–354, ‘‘Regulatory either. Will extrapolated loss collection the economy; productivity; competition; Flexibility Act’’ (RFA) (5 U.S.C. 601) be credited to another account? jobs; the environment; public health or Response: The process in which safety; or State, local, or tribal The RFA and the Small Business TRICARE/DHA applies settlement governments or communities; (2) create Regulatory Enforcement and Fairness dollars back to the program will remain a serious inconsistency or otherwise Act of 1996, which amended the RFA, the same. They are not applied at the interfere with an action taken or require agencies to analyze options for claim level line and TED records are not planned by another Agency; (3) regulatory relief of small businesses. For updated. materially alter the budgetary impact of purposes of the RFA, small entities Comment 17: One commenter stated entitlements, grants, user fees, or loan include small businesses, nonprofit they believed the creation of a CMP programs, or the rights and obligations organizations, and government agencies. program under TRICARE was a great of recipients thereof; or (4) raise novel Most providers are considered small idea. The commenter stated that from legal or policy issues arising out of legal entities by having revenues of $5 the commenter’s perspective civilian mandates, the President’s priorities, or million to $25 million or less in any one providers and suppliers try to take the principles set forth in these year. For purposes of the RFA, most advantage of the military system and Executive Orders. physicians and suppliers are considered having this regulation in place would in This is not an economically small entities. The aggregate effect of their view prevent fraud and abuse in significant rule because it does not implementing a CMP Program within the TRICARE program. reach the economic threshold of $100 the TRICARE Program would be Response: We agree. As stated above, million or more. This final rule is minimal. In summary, we have the protection of TRICARE beneficiaries designed to implement statutory concluded that this final rule should not and ensuring that they are getting provisions, authorizing the DoD to have a significant impact on the services and supplies that are medically impose CMPs. The vast majority of operations of a substantial number of necessary and appropriate, and protect providers and Federal health care small providers and that a regulatory the program which is funded by programs would be minimally flexibility analysis is not required for taxpayer dollars to deter again fraud and impacted, if at all, by this final rule. this rulemaking. Therefore, this final abuse and taking advantage of the Accordingly, the aggregate economic rule is not subject to the requirements program is at the core of this program. effect of these regulations would be of the RFA. This authority provided by Congress significantly less than $100 million. will serve as a strong deterrent against Public Law 104–4, Sec. 202, ‘‘Unfunded fraud and abuse in the TRICARE Executive Order 13771, ‘‘Reducing Mandates Reform Act’’ Program. Regulation and Controlling Regulatory Section 202 of the Unfunded Costs’’ Mandates Reform Act of 1995, Public IV. Summary of Changes From the Law 104–4, also requires agencies assess Proposed Rule E.O. 13771 seeks to control costs associated with the government anticipated costs and benefits before We are deleting subpart D of the imposition of private expenditures issuing any rule that may result in proposed rule, §§ 200.400, 200.410, and required to comply with Federal expenditures in any one year by State, 200.420, involving contract organization regulations and to reduce regulations local, or tribal governments, in the misconduct from the Military Health that impose such costs. Consistent with aggregate, or by the private sector, of Care Fraud and Abuse Prevention the analysis in Office of Management $100 million in 1995 dollars, updated Program. TRICARE contracting and Budget (OMB) Circular A–4 and annually for inflation. That threshold organizations are structured differently Office of Information and Regulatory level is currently approximately $140 than Medicare, and therefore, subpart D Affairs guidance on implementing E.O. million. As indicated above, these final of the proposed rule is largely 13771, this final rule does not involve rules implement statutory authority to inapplicable to TRICARE and will not regulatory costs subject to E.O. 13771. impose CMPs on claims submitted to be incorporated into the final rule. the TRICARE Program is a similar Congressional Review Act, 5 U.S.C. V. Regulatory Analysis manner as implemented by the 804(2) Department of Health and Human Executive Order 12866, ‘‘Regulatory Under the Congressional Review Act, Services in the Medicare Program. It has Planning and Review’’ and Executive a major rule may not take effect until at been determined there are no significant Order 13563, ‘‘Improving Regulation least 60 days after submission to costs associated with the and Regulatory Review’’ Congress of a report regarding the rule. implementation of a CMP Program to E.O.s 13563 and 12866 direct agencies A major rule is one that would have an impose CMPs on claims submitted to to assess all costs and benefits of annual effect on the economy of $100 the TRICARE Program that would

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impose any mandates on State, local, or or abuse as defined in this part, the 200.2010 Fees. tribal governments or the private sector provider shall be excluded or 200.2011 Form, filing, and service of that would result in an expenditure of suspended from CHAMPUS/TRICARE papers. $140 million or more (adjusted for for a period of time determined by the 200.2012 Computation of time. 200.2013 Motions. inflation) in any given year and a full Director. A final determination of an 200.2014 Sanctions. analysis under the Unfunded Mandates imposition of a civil money penalty 200.2015 The hearing and burden of proof. Reform Act is not necessary. (CMP) under 32 CFR part 200 shall 200.2016 Witnesses. constitute an administrative 200.2017 Evidence. Public Law 96–511, ‘‘Paperwork determination of fraud and abuse. 200.2018 The record. Reduction Act’’ (44 U.S.C. Chapter 35) * * * * * 200.2019 Post-hearing briefs. 200.2020 Initial decision. This rulemaking does not contain a ■ 3. Add part 200 to read as follows: ‘‘collection of information’’ 200.2021 Appeal to DAB. requirement, and will not impose 200.2022 Stay of initial decision. PART 200—CIVIL MONEY PENALTY 200.2023 Harmless error. additional information collection AUTHORITIES FOR THE TRICARE requirements on the public under Public PROGRAM Authority: 5 U.S.C. 301; 10 U.S.C. chapter Law 96–511, ‘‘Paperwork Reduction 55; 42 U.S.C. 1320a–7a. Act’’ (44 U.S.C. chapter 35). Sec. Subpart A—General Provisions Executive Order 13132, ‘‘Federalism’’ Subpart A—General Provisions 200.100 Basis and purpose. § 200.100 Basis and purpose. This final rule has been examined for 200.110 Definitions. (a) Basis. This part implements its impact under E.O. 13132, and it does 200.120 Liability for penalties and section 1128A of the Social Security Act not contain policies that have assessments. (42 U.S.C. 1320a–7a) (the Act). federalism implications that would have 200.130 Assessments. (b) Purpose. This part— substantial direct effects on the States, 200.140 Determinations regarding the (1) Provides for the imposition of civil on the relationship between the amount of penalties and assessments. 200.150 Delegation of authority. money penalties and, as applicable, National Government and the States, or assessments against persons who have on the distribution of powers and Subpart B—Civil Money Penalties (CMPs) committed an act or omission that responsibilities among the various and Assessments for False or Fraudulent violates one or more provisions of this levels of government. Therefore, Claims and Other Similar Misconduct part; and consultation with State and local 200.200 Basis for civil money penalties and (2) Sets forth the appeal rights of officials is not required. assessments. persons subject to a penalty and 200.210 Amount of penalties and assessment. List of Subjects assessments. 200.220 Determinations regarding the 32 CFR Part 199 § 200.110 Definitions. amount of penalties and assessments. For purposes of this part, with respect Claims, Dental health, Health care, Subpart C—CMPs and Assessments for to terms not defined in this section but Health insurance, Individuals with Anti-Kickback Violations defined in 32 CFR 199.2, the definition disabilities, Mental health, Mental 200.300 Basis for civil money penalties and in such § 199.2 shall apply. For health parity, Military personnel. assessments. purposes of this part, the following 32 CFR Part 200 200.310 Amount of penalties and definitions apply: assessments. Assessment means the amounts Administrative practice and 200.320 Determinations regarding the described in this part and includes the procedure, Fraud, Health care, Health amount of penalties and assessments. plural of that term. insurance, Penalties. Subparts D–N [Reserved] Claim means an application for For the reasons stated in the Subpart O—Procedures for the Imposition payment for an item or service under preamble, the Department of Defense of CMPs and Assessments TRICARE/CHAMPUS. amends 32 CFR subchapter M as set Defense Health Agency or DHA means forth below: 200.1500 Notice of proposed determination. the Director of the Defense Health 200.1510 Failure to request a hearing. Agency or designee. PART 199—CIVILIAN HEALTH AND 200.1520 Collateral estoppel. 200.1530 Settlement. Items and services or items or services MEDICAL PROGRAM OF THE 200.1540 Judicial review. includes without limitation, any item, UNIFORMED SERVICES (CHAMPUS) 200.1550 Collection of penalties and device, drug, biological, supply, or assessments. service (including management or ■ 1. The authority citation for part 199 200.1560 Notice to other agencies. administrative services), including, but continues to read as follows: 200.1570 Limitations. not limited to, those that are listed in an Authority: 5 U.S.C. 301; 10 U.S.C. chapter 200.1580 Statistical sampling. itemized claim for program payment or 55. 200.1590–200.1990 [Reserved] a request for payment; for which ■ 2. Section 199.9(f)(1)(ii) is revised to Subpart P—Appeals of CMPs and payment is included in any TRICARE/ read as follows: Assessments CHAMPUS reimbursement method, 200.2001 Definitions. such as a prospective payment system § 199.9 Administrative remedies for fraud, 200.2002 Hearing before an ALJ. or managed care system; or that are, in abuse, and conflict of interest. 200.2003 Rights of parties. the case of a claim based on costs, * * * * * 200.2004 Authority of the ALJ. required to be entered in a cost report, (f) * * * 200.2005 Ex parte contacts. books of account, or other documents (1) * * * 200.2006 Prehearing conferences. 200.2007 Discovery. supporting the claim (whether or not (ii) Administrative determination of 200.2008 Exchange of witness lists, witness actually entered). fraud or abuse under CHAMPUS. If the statements, and exhibits. Knowingly means that a person, with Director of the Defense Health Agency 200.2009 Subpoenas for attendance at respect to an act, has actual knowledge determines a provider committed fraud hearing. of the act, acts in deliberate ignorance

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of the act, or acts in reckless disregard or for other than fair market value. The (iii) The offer or transfer of the items of the act, and no proof of specific intent term ‘‘remuneration’’ does not include: or services is not tied to the provision to defraud is required. (1) The waiver of coinsurance and of other items or services reimbursed in Material means having a natural deductible amounts by a person, if the whole or in part by the program under tendency to influence, or be capable of waiver is not offered as part of any chapter 55 of title 10, U.S. Code. influencing, the payment or receipt of advertisement or solicitation; the person (7) The offer or transfer of items or money or property. does not routinely waive coinsurance or services for free or less than fair market Non-separately-billable item or deductible amounts; and the person value by a person, if— service means an item or service that is waives coinsurance and deductible (i) The items or services are not a component of, or otherwise amounts after determining in good faith offered as part of any advertisement or contributes to the provision of, an item that the individual is in financial need solicitation; or a service, but is not itself a separately or failure by the person to collect (ii) The offer or transfer of the items billable item or service. coinsurance or deductible amounts after or services is not tied to the provision Office of Inspector General or OIG making reasonable collection efforts. of other items or services reimbursed in means the Office of Inspector General of (2) Any permissible practice as whole or in part by the program under the Department of Defense; the Defense specified in section 1128B(b)(3) of the chapter 55 of title 10, U.S. Code; (iii) There is a reasonable connection Criminal Investigative Service (DCIS); or Act or in regulations issued by the between the items or services and the the Office of Inspector General for the Secretary. medical care of the individual; and Defense Health Agency. (3) Differentials in coinsurance and Overpayment means any funds that a (iv) The person provides the items or deductible amounts as part of a benefit services after determining in good faith person receives or retains under plan design (as long as the differentials TRICARE/CHAMPUS to which the that the individual is in financial need. have been disclosed in writing to all Request for payment means an person, after applicable reconciliation, beneficiaries, third party payers and is not entitled under such program. application submitted by a person to providers), to whom claims are any person for payment for an item or Penalty means the amount described presented. in this part and includes the plural of service. (4) Incentives given to individuals to that term. Respondent means the person upon promote the delivery of preventive care Person means an individual, trust or whom the Department has imposed, or services where the delivery of such estate, partnership, corporation, proposes to impose, a penalty and/or services is not tied (directly or professional association or corporation, assessment. indirectly) to the provision of other or other entity, public or private. Separately billable item or service Preventive care, for purposes of the services reimbursed in whole or in part means an item or service for which an definition of the term ‘‘remuneration’’ as by TRICARE, Medicare or an applicable identifiable payment may be made set forth in this section and the State health care program. Such under a Federal health care program, preventive care exception to section incentives may include the provision of e.g., an itemized claim or a payment 231(h) of the Health Insurance preventive care, but may not include— under a prospective payment system or Portability and Accountability Act of (i) Cash or instruments convertible to other reimbursement methodology. Should know, or should have known, 1996 (HIPAA), means any service that— cash; or (1) Is a prenatal service or a post-natal (ii) An incentive the value of which means that a person, with respect to well-baby visit or is a specific clinical is disproportionally large in relationship information, either acts in deliberate ignorance of the truth or falsity of the service covered by TRICARE; and to the value of the preventive care (2) Is reimbursable in whole or in part service (i.e., either the value of the information or acts in reckless disregard by TRICARE as a preventive care service itself or the future health care of the truth or falsity of the information. service. costs reasonably expected to be avoided For purposes of this definition, no proof Reasonable request, with respect to as a result of the preventive care). of specific intent to defraud is required. § 200.200(b)(6), means a written request, (5) Items or services that improve a TRICARE or TRICARE/CHAMPUS or signed by a designated representative of beneficiary’s ability to obtain items and CHAMPUS means any program operated under the authority of 32 CFR part 199. the OIG and made by a properly services payable by TRICARE, and pose identified agent of the OIG during a low risk of harm to TRICARE § 200.120 Liability for penalties and reasonable business hours. The request beneficiaries and the TRICARE program assessments. will include: A statement of the by— (a) In any case in which it is authority for the request, the person’s (i) Being unlikely to interfere with, or determined that more than one person rights in responding to the request, the skew, clinical decision making; was responsible for a violation definition of ‘‘reasonable request’’ and (ii) Being unlikely to increase costs to described in this part, each such person ‘‘failure to grant timely access’’ under Federal health care programs or may be held separately liable for the this part, the deadline by which the OIG beneficiaries through overutilization or entire penalty prescribed by this part. requests access, and the amount of the inappropriate utilization; and (b) In any case in which it is civil money penalty or assessment that (iii) Not raising patient safety or determined that more than one person could be imposed for failure to comply quality-of-care concerns. was responsible for a violation with the request, and the earliest date (6) The offer or transfer of items or described in this part, an assessment that a request for reinstatement would services for free or less than fair market may be imposed, when authorized, be considered. value by a person if— against any one such person or jointly Remuneration, for the purposes of (i) The items or services consist of and severally against two or more such this part, is consistent with the coupons, rebates, or other rewards from persons, but the aggregate amount of the definition in section 1128A(i)(6) of the a retailer; assessments collected may not exceed Social Security Act and includes the (ii) The items or services are offered the amount that could be assessed if waiver of copayment, coinsurance and or transferred on equal terms available only one person was responsible. deductible amounts (or any part thereof) to the general public, regardless of (c) Under this part, a principal is and transfers of items or services for free health insurance status; and liable for penalties and assessments for

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the actions of his or her agent acting in a sanctioned entity at the time the (3) Unless there are extraordinary within the scope of his or her agency. violation occurred and who knew, or mitigating circumstances, the aggregate The provision in this paragraph (c) does should have known, of the violation; or amount of the penalty and assessment not limit the underlying liability of the any individual who was an officer or a should not be less than double the agent. managing employee (as defined in approximate amount of damages and section 1126(b) of the Act) of such an costs (as defined by paragraph (e)(2) of § 200.130 Assessments. entity at the time the violation this section) sustained by the United The assessment in this part is in lieu occurred—engaged in wrongful States, or any State, as a result of the of damages sustained by the Department conduct, other than the specific conduct violation. because of the violation. upon which liability is based, relating to (4) The presence of any single § 200.140 Determinations regarding the a government program or in connection aggravating circumstance may justify amount of penalties and assessments. with the delivery of a health care item imposing a penalty and assessment at or (a) Except as otherwise provided in or service. The statute of limitations close to the maximum even when one this part, in determining the amount of governing civil money penalty or more mitigating factors is present. (d)(1) The standards set forth in this any penalty or assessment in accordance proceedings does not apply to proof of section are binding, except to the extent with this part, the DHA will consider other wrongful conduct as an that their application would result in the following factors— aggravating circumstance; and (1) The nature and circumstances of (5) Such other matters as justice may imposition of an amount that would the violation; require. Other circumstances of an exceed limits imposed by the United (2) The degree of culpability of the aggravating or mitigating nature should States Constitution. person against whom a civil money be considered if, in the interests of (2) The amount imposed will not be penalty and assessment is proposed. It justice, they require either a reduction less than the approximate amount should be considered an aggravating or an increase in the penalty or required to fully compensate the United circumstance if the respondent had assessment to achieve the purposes of States, for its damages and costs, actual knowledge where a lower level of this part. tangible and intangible, including, but knowledge was required to establish (b)(1) After determining the amount of not limited to, the costs attributable to liability (e.g., for a provision that any penalty and assessment in the investigation, prosecution, and establishes liability if the respondent accordance with this part, the DHA administrative review of the case. ‘‘knew or should have known’’ a claim considers the ability of the person to (3) Nothing in this part limits the was false or fraudulent, it will be an pay the proposed civil money penalty or authority of the Department or the DHA aggravating circumstance if the assessment. The person shall provide, in to settle any issue or case as provided respondent knew the claim was false or a time and manner requested by the by § 200.1530 or to compromise any fraudulent). It should be a mitigating DHA, sufficient financial penalty and assessment as provided by circumstance if the person took documentation, including, but not § 200.1550. appropriate and timely corrective action limited to, audited financial statements, (4) Penalties and assessments in response to the violation. For tax returns, and financial disclosure imposed under this part are in addition purposes of this part, corrective action statements, deemed necessary by the to any other penalties, assessments, or must include disclosing the violation to DHA to determine the person’s ability to other sanctions prescribed by law. the DHA by initiating a self-disclosure pay the penalty or assessment. § 200.150 Delegation of authority. (2) If the person requests a hearing in and fully cooperating with the DHA’s The DHA is delegated authority from review and resolution of such accordance with § 200.2002, the only financial documentation subject to the Secretary to impose civil money disclosure; penalties and, as applicable, (3) The history of prior offenses. review is that which the person assessments against any person who has Aggravating circumstances include, if at provided to the DHA during the violated one or more provisions of this any time prior to the violation, the administrative process, unless the part. The delegation of authority individual—or in the case of an entity, Administrative Law Judge (ALJ) finds includes all powers to impose and the entity itself; any individual who had that extraordinary circumstances compromise civil money penalties, a direct or indirect ownership or control prevented the person from providing the assessments under section 1128A of the interest (as defined in section 1124(a)(3) financial documentation to the DHA in Act. of the Act) in a sanctioned entity at the the time and manner requested by the time the violation occurred and who DHA prior to the hearing request. Subpart B—Civil Money Penalties knew, or should have known, of the (c) In determining the amount of any (CMPs) and Assessments for False or violation; or any individual who was an penalty and assessment to be imposed Fraudulent Claims and Other Similar officer or a managing employee (as under this part the following Misconduct defined in section 1126(b) of the Act) of circumstances are also to be such an entity at the time the violation considered— § 200.200 Basis for civil money penalties occurred—was held liable for criminal, (1) If there are substantial or several and assessments. civil, or administrative sanctions in mitigating circumstances, the aggregate (a) The DHA may impose a penalty, connection with a program covered by amount of the penalty and assessment assessment against any person who it this part or in connection with the should be set at an amount sufficiently determines has knowingly presented, or delivery of a health care item or service; below the maximum permitted by this caused to be presented, a claim that was (4) Other wrongful conduct. part to reflect that fact. for— Aggravating circumstances include (2) If there are substantial or several (1) An item or service that the person proof that the individual—or in the case aggravating circumstances, the aggregate knew, or should have known, was not of an entity, the entity itself; any amount of the penalty and assessment provided as claimed, including a claim individual who had a direct or indirect should be set at an amount sufficiently that was part of a pattern or practice of ownership or control interest (as close to or at the maximum permitted by claims based on codes that the person defined in section 1124(a)(3) of the Act) this part to reflect that fact. knew, or should have known, would

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result in greater payment to the person (6) Fails to grant timely access to (5) The DHA may impose a penalty of than the code applicable to the item or records, documents, and other material not more than $20,504 for each item or service actually provided; or data in any medium (including service related to an overpayment that is (2) An item or service for which the electronically stored information and not reported and returned in accordance person knew, or should have known, any tangible thing), upon reasonable with section 1128J(d) of the Act in that the claim was false or fraudulent; request, to the OIG, for the purpose of violation of § 200.200(b)(4). (3) An item or service furnished audits, investigations, evaluations, or (6) The DHA may impose a penalty of during a period in which the person was other OIG statutory functions. Such not more than $30,757 for each day of excluded from participation under 32 failure to grant timely access means: failure to grant timely access in CFR 199.9(f) or by another Federal (i) Except when the OIG reasonably violation of § 200.200(b)(6). health care program (as defined in believes that the requested material is (b) Assessments. (1) Except for section 1128B(f) of the Act) to which the about to be altered or destroyed, the violations of § 200.200(b)(1) and (3), the claim was presented; failure to produce or make available for DHA may impose an assessment for (4) A physician’s services (or an item inspection and copying the requested each individual violation of § 200.200, or service) for which the person knew, material upon reasonable request or to of not more than 3 times the amount or should have known, that the provide a compelling reason why they claimed for each item or service. individual who furnished (or supervised cannot be produced, by the deadline (2) For violations of § 200.200(b)(1), the furnishing of) the service— specified in the OIG’s written request; the DHA may impose an assessment of (i) Was not licensed as a physician; and not more than 3 times— (ii) Was licensed as a physician, but (ii) When the OIG has reason to (i) The amount claimed for each such license had been obtained through believe that the requested material is separately billable item or service a misrepresentation of material fact about to be altered or destroyed, the provided, furnished, ordered, or (including cheating on an examination failure to provide access to the prescribed by an excluded individual or required for licensing); or entity; or (iii) Represented to the patient at the requested material at the time the request is made. (ii) The total costs (including salary, time the service was furnished that the benefits, taxes, and other money or physician was certified by a medical § 200.210 Amount of penalties and items of value) related to the excluded specialty board when he or she was not assessments. individual or entity incurred by the so certified; or (a) Penalties.1 (1) Except as provided person that employs, contracts with, or (5) An item or service that a person in this section, the DHA may impose a otherwise arranges for an excluded knew, or should have known was not penalty of not more than $20,504 for individual or entity to provide, furnish, medically necessary, and which is part each individual violation that is subject order, or prescribe a non-separately- of a pattern of such claims. to a determination under this subpart. billable item or service. (b) The DHA may impose a penalty 1 (3) For violations of § 200.200(b)(3), and, where authorized, an assessment The penalty amounts in this section are the DHA may impose an assessment of against any person who it determines— updated annually, as adjusted in accordance with the Federal Civil Monetary Penalty not more than 3 times the total amount (1) Arranges or contracts (by claimed for each item or service for employment or otherwise) with an Inflation Adjustment Act of 1990 (Pub. L. 101–140), as amended by the Federal Civil which payment was made based upon individual or entity that the person Penalties Inflation Adjustment Act the application containing the false knows, or should know, is excluded Improvements Act of 2015 (section 701 of statement, omission, or from participation in Federal health care Pub. L. 114–74). Annually adjusted amounts misrepresentation of material fact. programs for the provision of items or are published at 32 CFR part 269. The services for which payment may be maximum penalty amount is based on the § 200.220 Determinations regarding the made under such a program; most recent statutory adjustment included in amount of penalties and assessments. (2) Orders or prescribes a medical or the Bipartisan Budget Act of 2018 and In considering the factors listed in other item or service during a period in includes the cost of living multiplier for § 200.140— which the person was excluded from a 2019, based on the Consumer Price Index for (a) It should be considered a Federal health care program, in the case all Urban Consumers (CPI–U) for the month mitigating circumstance if all the items of October 2018, not seasonally adjusted, is when the person knows, or should 1.02522, as indicated in Office of or services or violations included in the know, that a claim for such medical or Management and Budget (OMB) action brought under this part were of other item or service will be made under Memorandum M–19–04. the same type and occurred within a such a program; short period of time, there were few (3) Knowingly makes, or causes to be (2) For each individual violation of such items or services or violations, and made, any false statement, omission, or § 200.200(b)(1), the DHA may impose a the total amount claimed or requested misrepresentation of a material fact in penalty of not more than $20,504 for for such items or services was less than any application, bid, or contract to each separately billable or non- $5,000. participate or enroll as a provider of separately-billable item or service (b) Aggravating circumstances services or a supplier under a Federal provided, furnished, ordered, or include— health care program; prescribed by an excluded individual or (1) The violations were of several (4) Knows of an overpayment and entity. types or occurred over a lengthy period does not report and return the (3) The DHA may impose a penalty of of time; overpayment in accordance with section not more than $100,522 for each false (2) There were many such items or 1128J(d) of the Act; statement, omission, or services or violations (or the nature and (5) Knowingly makes, uses, or causes misrepresentation of a material fact in circumstances indicate a pattern of to be made or used, a false record or violation of § 200.200(b)(3). claims or requests for payment for such statement material to a false or (4) The DHA may impose a penalty of items or services or a pattern of fraudulent claim for payment for items not more than $100,522 for each false violations); and services furnished under a Federal record or statement in violation of (3) The amount claimed or requested health care program; or § 200.200(b)(5). for such items or services, or the amount

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of the overpayment was $50,000 or action brought under this part were of (i) A specific statement of the more; the same type and occurred within a respondent’s right to a hearing; and (4) The violation resulted, or could short period of time; there were few (ii) A statement that failure to request have resulted, in patient harm, such items, services, or violations; and a hearing within 60 days permits the premature discharge, or a need for the total amount claimed or requested imposition of the proposed penalty, additional services or subsequent for such items or services was less than assessment, without right of appeal. hospital admission; or $5,000. (b) Any person upon whom the DHA (5) The amount or type of financial, (b) Aggravating circumstances has proposed the imposition of a ownership, or control interest or the include— penalty, and/or an assessment, may degree of responsibility a person has in (1) The violations were of several appeal such proposed penalty, and/or an entity was substantial with respect to types or occurred over a lengthy period assessment to the Departmental Appeals an action brought under § 200.200(b)(3). of time; Board in accordance with § 200.2002. (2) There were many such items, The provisions of subpart P of this part Subpart C—CMPs and Assessments services, or violations (or the nature and govern such appeals. for Anti-Kickback Violations circumstances indicate a pattern of (c) If the respondent fails, within the claims or requests for payment for such time period permitted, to exercise his or § 200.300 Basis for civil money penalties items or services or a pattern of and assessments. her right to a hearing under this section, violations); any penalty, and/or assessment becomes The DHA may impose a penalty and (3) The amount claimed or requested final. an assessment against any person who for such items or services or the amount it determines in accordance with this of the remuneration was $50,000 or § 200.1510 Failure to request a hearing. part has violated section 1128B(b) of the more; or Act by unlawfully offering, paying, If the respondent does not request a (4) The violation resulted, or could hearing within 60 days after the notice soliciting, or receiving remuneration to have resulted, in harm to the patient, a induce or in return for the referral of prescribed by § 200.1500(a) is received, premature discharge, or a need for as determined by § 200.2002(c), by the business paid for, in whole or in part, additional services or subsequent by TRICARE/CHAMPUS. respondent, the DHA may impose the hospital admission. proposed penalty and assessment, or § 200.310 Amount of penalties and Subparts D–N [Reserved] any less severe penalty and assessment. assessments. The DHA shall notify the respondent in (a) Penalties.2 The DHA may impose Subpart O—Procedures for the any manner authorized by Rule 4 of the a penalty of not more than $100,522 for Imposition of CMPs and Assessments Federal Rules of Civil Procedure of any each offer, payment, solicitation, or penalty and assessment that have been receipt of remuneration that is subject to § 200.1500 Notice of proposed imposed and of the means by which the a determination under § 200.300. determination. respondent may satisfy the judgment. 2 The penalty amounts in this section are (a) If the DHA proposes a penalty and, The respondent has no right to appeal updated annually, as adjusted in accordance when applicable, an assessment, as a penalty, an assessment with respect to with the Federal Civil Monetary Penalty applicable, in accordance with this part, which he or she has not made a timely Inflation Adjustment Act of 1990 (Pub. L. the DHA must serve on the respondent, request for a hearing under § 200.2002. 101–140), as amended by the Federal Civil in any manner authorized by Rule 4 of Penalties Inflation Adjustment Act the Federal Rules of Civil Procedure, § 200.1520 Collateral estoppel. Improvements Act of 2015 (section 701 of written notice of the DHA’s intent to (a) Where a final determination Pub. L. 114–74). Annually adjusted amounts impose a penalty and if applicable an pertaining to the respondent’s liability are published at 32 CFR part 269. The assessment. The notice will include— for acts that violate this part has been maximum penalty amount is based on the most recent statutory adjustment included in (1) Reference to the statutory basis for rendered in any proceeding in which the Bipartisan Budget Act of 2018 and the penalty and the assessment; the respondent was a party and had an includes the cost of living multiplier for (2) A description of the violation for opportunity to be heard, the respondent 2019, based on the CPI–U for the month of which the penalty, and assessment are shall be bound by such determination in October 2018, not seasonally adjusted, is proposed (except in cases in which the any proceeding under this part. 1.02522, as indicated in OMB Memorandum DHA is relying upon statistical sampling (b) In a proceeding under this part, a M–19–04. in accordance with § 200.1580, in which person is estopped from denying the (b) Assessments. The DHA may case the notice shall describe those essential elements of the criminal impose an assessment of not more than claims and requests for payment offense if the proceeding— 3 times the total remuneration offered, constituting the sample upon which the (1) Is against a person who has been paid, solicited, or received that is DHA is relying and will briefly describe convicted (whether upon a verdict after subject to a determination under the statistical sampling technique used trial or upon a plea of guilty or nolo § 200.300. Calculation of the total by the DHA); contendere) of a Federal crime charging remuneration for purposes of an (3) The reason why such violation fraud or false statements; and assessment shall be without regard to subjects the respondent to a penalty, (2) Involves the same transactions as whether a portion of such remuneration and an assessment; in the criminal action. was offered, paid, solicited, or received (4) The amount of the proposed § 200.1530 Settlement. for a lawful purpose. penalty and assessment (where applicable); The DHA has exclusive authority to § 200.320 Determinations regarding the (5) Any factors and circumstances settle any issues or case without consent amount of penalties and assessments. described in this part that were of the ALJ. In considering the factors listed in considered when determining the § 200.140: amount of the proposed penalty and § 200.1540 Judicial review. (a) It should be considered a assessment; and (a) Section 1128A(e) of the Social mitigating circumstance if all the items, (6) Instructions for responding to the Security Act authorizes judicial review services, or violations included in the notice, including— of a penalty and an assessment that has

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become final. The only matters subject State survey agencies); and the long- the petitioner or respondent, or by his to judicial review are those that the term-care ombudsman. or her attorney; and sent by certified respondent raised pursuant to mail. The request must be filed within § 200.2021, unless the court finds that § 200.1570 Limitations. 60 days after the notice, provided in extraordinary circumstances existed that No action under this part will be accordance with § 200.1500, is received prevented the respondent from raising entertained unless commenced, in by the petitioner or respondent. For the issue in the underlying accordance with § 200.1500(a), within 6 purposes of this section, the date of administrative appeal. years from the date on which the receipt of the notice letter will be (b) A respondent must exhaust all violation occurred. presumed to be 5 days after the date of administrative appeal procedures § 200.1580 Statistical sampling. such notice unless there is a reasonable established by the Secretary or required (a) In meeting the burden of proof in showing to the contrary. by law before a respondent may bring an § 200.2015, the DHA may introduce the (d) The request for a hearing will action in Federal court, as provided in results of a statistical sampling study as contain a statement as to the specific section 1128A(e) of the Social Security evidence of the number and amount of issues or findings of fact and Act, concerning any penalty and claims and/or requests for payment, as conclusions of law in the notice letter assessment imposed pursuant to this described in this part, that were with which the petitioner or respondent part. presented, or caused to be presented, by disagrees, and the basis for his or her (c) Administrative remedies are the respondent. Such a statistical contention that the specific issues or exhausted when a decision becomes sampling study, if based upon an findings and conclusions were final in accordance with § 200.2021(j). appropriate sampling and computed by incorrect. valid statistical methods, shall (e) The ALJ will dismiss a hearing § 200.1550 Collection of penalties and request where— assessments. constitute prima facie evidence of the number and amount of claims or (1) The petitioner’s or the (a) Once a determination by the respondent’s hearing request is not filed Secretary has become final, collection of requests for payment, as described in this part. in a timely manner; any penalty and assessment will be the (2) The petitioner or respondent responsibility of the Defense Health (b) Once the DHA has made a prima facie case, as described in paragraph (a) withdraws his or her request for a Agency. hearing; (b) A penalty or an assessment of this section, the burden of production shall shift to the respondent to produce (3) The petitioner or respondent imposed under this part may be abandons his or her request for a compromised by the DHA and may be evidence reasonably calculated to rebut the findings of the statistical sampling hearing; or recovered in a civil action brought in (4) The petitioner’s or respondent’s the United States district court for the study. The DHA will then be given the opportunity to rebut this evidence. hearing request fails to raise any issue district where the claim was presented (c) Where the DHA establishes a which may properly be addressed in a or where the respondent resides. number and amount of claims subject to hearing. (c) The amount of penalty or penalties using a statistical sampling assessment, when finally determined, or § 200.2003 Rights of parties. study, the DHA may use the results of the amount agreed upon in compromise, the study to extrapolate a total amount (a) Except as otherwise limited by this may be deducted from any sum then or of overpaid funds to be collected part, all parties may— later owing by the United States pursuant to 32 CFR 199.11. (1) Be accompanied, represented, and Government or a State agency to the advised by an attorney; person against whom the penalty or § § 200.1590–200.1990 [Reserved] (2) Participate in any conference held assessment has been assessed. by the ALJ; (d) Matters that were raised, or that Subpart P—Appeals of CMPs and (3) Conduct discovery of documents could have been raised, in a hearing Assessments as permitted by this part; before an ALJ or in an appeal under § 200.2001 Definitions. (4) Agree to stipulations of fact or law section 1128A(e) of the Social Security For purposes of this subpart, the which will be made part of the record; Act may not be raised as a defense in following definitions apply: (5) Present evidence relevant to the a civil action by the United States to Civil money penalty cases refer to all issues at the hearing; collect a penalty or assessment under proceedings arising under any of the (6) Present and cross-examine this part. statutory bases for which the DHA has witnesses; (7) Present oral arguments at the § 200.1560 Notice to other agencies. been delegated authority to impose civil money penalties under TRICARE. hearing as permitted by the ALJ; and Whenever a penalty and/or an (8) Submit written briefs and assessment becomes final, the following DAB refers to the Department of Health and Human Services, proposed findings of fact and organizations and entities will be Departmental Appeals Board or its conclusions of law after the hearing. notified about such action and the delegate, or other administrative appeals (b) Fees for any services performed on reasons for it: Department of Health and decision maker designated by the behalf of a party by an attorney are not Human Service (HHS) Office of Director, DHA. subject to the provisions of section 206 Inspector General, the appropriate State of title II of the Act, which authorizes or local medical or professional § 200.2002 Hearing before an ALJ. the Secretary to specify or limit these association; the appropriate quality (a) A party sanctioned under any fees. improvement organization; as criteria specified in this part may appropriate, the State agency that request a hearing before an ALJ. § 200.2004 Authority of the ALJ. administers each State health care (b) In civil money penalty cases, the (a) The ALJ will conduct a fair and program; the appropriate TRICARE parties to the proceeding will consist of impartial hearing, avoid delay, maintain Contractor; the appropriate State or the respondent and the DHA. order, and assure that a record of the local licensing agency or organization (c) The request for a hearing will be proceeding is made. (including the Medicare and Medicaid made in writing to the DAB; signed by (b) The ALJ has the authority to—

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(1) Set and change the date, time, and (2) The necessity or desirability of or state that the request is being objected place of the hearing upon reasonable amendments to the pleadings, including to and the reasons for that objection. If notice to the parties; the need for a more definite statement; objection is made to part of an item or (2) Continue or recess the hearing in (3) Stipulations and admissions of fact category, the part will be specified. whole or in part for a reasonable period or as to the contents and authenticity of Upon receiving any objections, the party of time; documents; seeking production may then, within 30 (3) Hold conferences to identify or (4) Whether the parties can agree to days or any other time frame set by the simplify the issues, or to consider other submission of the case on a stipulated ALJ, file a motion for an order matters that may aid in the expeditious record; compelling discovery. (The party disposition of the proceeding; (5) Whether a party chooses to waive receiving a request for production may (4) Administer oaths and affirmations; appearance at an oral hearing and to also file a motion for protective order (5) Issue subpoenas requiring the submit only documentary evidence any time prior to the date the attendance of witnesses at hearings and (subject to the objection of other parties) production is due.) the production of documents at or in and written argument; (2) The ALJ may grant a motion for relation to hearings; (6) Limitation of the number of protective order or deny a motion for an (6) Rule on motions and other witnesses; order compelling discovery if the ALJ procedural matters; (7) Scheduling dates for the exchange finds that the discovery sought— (7) Regulate the scope and timing of of witness lists and of proposed (i) Is irrelevant; documentary discovery as permitted by exhibits; (ii) Is unduly costly or burdensome; this part; (8) Discovery of documents as (iii) Will unduly delay the (8) Regulate the course of the hearing permitted by this part; proceeding; or and the conduct of representatives, (9) The time and place for the hearing; (iv) Seeks privileged information. parties, and witnesses; (10) Such other matters as may tend (3) The ALJ may extend any of the (9) Examine witnesses; to encourage the fair, just and time frames set forth in paragraph (e)(1) (10) Receive, rule on, exclude, or limit expeditious disposition of the of this section. evidence; proceedings; and (4) The burden of showing that (11) Upon motion of a party, take (11) Potential settlement of the case. discovery should be allowed is on the official notice of facts; (c) The ALJ will issue an order party seeking discovery. (12) Upon motion of a party, decide containing the matters agreed upon by the parties or ordered by the ALJ at a § 200.2008 Exchange of witness lists, cases, in whole or in part, by summary witness statements, and exhibits. judgment where there is no disputed prehearing conference. (a) At least 15 days before the hearing, issue of material fact; and § 200.2007 Discovery. (13) Conduct any conference, the ALJ will order the parties to argument or hearing in person or, upon (a) A party may make a request to exchange witness lists, copies of prior agreement of the parties, by telephone. another party for production of written statements of proposed (c) The ALJ does not have the documents for inspection and copying witnesses, and copies of proposed authority to— which are relevant and material to the hearing exhibits, including copies of (1) Find invalid or refuse to follow issues before the ALJ. any written statements that the party Federal statutes or regulations or (b) For the purpose of this section, the intends to offer in lieu of live testimony secretarial delegations of authority; term documents includes information, in accordance with § 200.2016. (2) Enter an order in the nature of a reports, answers, records, accounts, (b)(1) If at any time a party objects to directed verdict; papers, and other data and documentary the proposed admission of evidence not (3) Compel settlement negotiations; evidence. Nothing contained in this exchanged in accordance with (4) Enjoin any act of the Secretary; or section will be interpreted to require the paragraph (a) of this section, the ALJ (5) Review the exercise of discretion creation of a document, except that will determine whether the failure to by the DHA to impose a CMP or requested data stored in an electronic comply with paragraph (a) of this assessment under this part. data storage system will be produced in section should result in the exclusion of a form accessible to the requesting such evidence. § 200.2005 Ex parte contacts. party. (2) Unless the ALJ finds that No party or person (except employees (c) Requests for documents, requests extraordinary circumstances justified of the ALJ’s office) will communicate in for admissions, written interrogatories, the failure to timely exchange the any way with the ALJ on any matter at depositions, and any forms of discovery, information listed under paragraph (a) issue in a case, unless on notice and other than those permitted under of this section, the ALJ must exclude opportunity for all parties to participate. paragraph (a) of this section, are not from the party’s case-in-chief: This section does not prohibit a person authorized. (i) The testimony of any witness or party from inquiring about the status (d) This section will not be construed whose name does not appear on the of a case or asking routine questions to require the disclosure of interview witness list; and concerning administrative functions or reports or statements obtained by any (ii) Any exhibit not provided to the procedures. party, or on behalf of any party, of opposing party as specified in paragraph persons who will not be called as (a) of this section. § 200.2006 Prehearing conferences. witnesses by that party, or analyses and (3) If the ALJ finds that extraordinary (a) The ALJ will schedule at least one summaries prepared in conjunction circumstances existed, the ALJ must prehearing conference, and may with the investigation or litigation of the then determine whether the admission schedule additional prehearing case, or any otherwise privileged of such evidence would cause conferences as appropriate, upon documents. substantial prejudice to the objecting reasonable notice to the parties. (e)(1) When a request for production party. If the ALJ finds that there is no (b) The ALJ may use prehearing of documents has been received, within substantial prejudice, the evidence may conferences to discuss the following— 30 days, the party receiving that request be admitted. If the ALJ finds that there (1) Simplification of the issues; will either fully respond to the request, is substantial prejudice, the ALJ may

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exclude the evidence, or at his or her subpoena duly served upon, any person observed by the Federal Government discretion, may postpone the hearing for is specified in section 205(e) of the will be excluded from the computation. such time as is necessary for the Social Security Act (42 U.S.C. 405(e)). (c) Where a document has been served objecting party to prepare and respond or issued by placing it in the mail, an to the evidence. § 200.2010 Fees. additional 5 days will be added to the (c) Unless another party objects The party requesting a subpoena will time permitted for any response. This within a reasonable period of time prior pay the cost of the fees and mileage of paragraph (c) does not apply to requests to the hearing, documents exchanged in any witness subpoenaed in the amounts for hearing under § 200.2002. accordance with paragraph (a) of this that would be payable to a witness in a section will be deemed to be authentic proceeding in United States District § 200.2013 Motions. for the purpose of admissibility at the Court. A check for witness fees and (a) An application to the ALJ for an hearing. mileage will accompany the subpoena order or ruling will be by motion. when served, except that when a Motions will state the relief sought, the § 200.2009 Subpoenas for attendance at subpoena is issued on behalf of the authority relied upon and the facts hearing. DHA, a check for witness fees and alleged, and will be filed with the ALJ (a) A party wishing to procure the mileage need not accompany the and served on all other parties. appearance and testimony of any subpoena. (b) Except for motions made during a individual at the hearing may make a prehearing conference or at the hearing, motion requesting the ALJ to issue a § 200.2011 Form, filing, and service of all motions will be in writing. The ALJ subpoena if the appearance and papers. may require that oral motions be testimony are reasonably necessary for (a) Forms. (1) Unless the ALJ directs reduced to writing. the presentation of a party’s case. the parties to do otherwise, documents (c) Within 10 days after a written (b) A subpoena requiring the filed with the ALJ will include an motion is served, or such other time as attendance of an individual in original and two copies. may be fixed by the ALJ, any party may accordance with paragraph (a) of this (2) Every pleading and paper filed in file a response to such motion. section may also require the individual the proceeding will contain a caption (d) The ALJ may not grant a written (whether or not the individual is a setting forth the title of the action, the motion before the time for filing party) to produce evidence authorized case number, and a designation of the responses has expired, except upon under § 200.2007 at or prior to the paper, such as motion to quash consent of the parties or following a hearing. subpoena. hearing on the motion, but may overrule (c) When a subpoena is served by a (3) Every pleading and paper will be or deny such motion without awaiting respondent or petitioner on a particular signed by, and will contain the address a response. individual or particular office of the and telephone number of the party or (e) The ALJ will make a reasonable DHA, the DHA may comply by the person on whose behalf the paper effort to dispose of all outstanding designating any of its representatives to was filed, or his or her representative. motions prior to the beginning of the appear and testify. (4) Papers are considered filed when hearing. (d) A party seeking a subpoena will they are mailed. file a written motion not less than 30 (b) Service. A party filing a document § 200.2014 Sanctions. days before the date fixed for the with the ALJ or the Secretary will, at the (a) The ALJ may sanction a person, hearing, unless otherwise allowed by time of filing, serve a copy of such including any party or attorney, for the ALJ for good cause shown. Such document on every other party. Service failing to comply with an order or request will: upon any party of any document will be procedure, for failing to defend an (1) Specify any evidence to be made by delivering a copy, or placing a action or for other misconduct that produced; copy of the document in the United interferes with the speedy, orderly, or (2) Designate the witnesses; and States mail, postage prepaid and fair conduct of the hearing. Such (3) Describe the address and location addressed, or with a private delivery sanctions will reasonably relate to the with sufficient particularity to permit service, to the party’s last known severity and nature of the failure or such witnesses to be found. address. When a party is represented by misconduct. Such sanction may (e) The subpoena will specify the time an attorney, service will be made upon include— and place at which the witness is to such attorney in lieu of the party. (1) In the case of refusal to provide or appear and any evidence the witness is (c) Proof of service. A certificate of the permit discovery under the terms of this to produce. individual serving the document by part, drawing negative factual inferences (f) Within 15 days after the written personal delivery or by mail, setting or treating such refusal as an admission motion requesting issuance of a forth the manner of service, will be by deeming the matter, or certain facts, subpoena is served, any party may file proof of service. to be established; an opposition or other response. (2) Prohibiting a party from (g) If the motion requesting issuance § 200.2012 Computation of time. introducing certain evidence or of a subpoena is granted, the party (a) In computing any period of time otherwise supporting a particular claim seeking the subpoena will serve it by under this part or in an order issued or defense; delivery to the individual named, or by under this part, the time begins with the (3) Striking pleadings, in whole or in certified mail addressed to such day following the act, event or default, part; individual at his or her last dwelling and includes the last day of the period (4) Staying the proceedings; place or principal place of business. unless it is a Saturday, Sunday or legal (5) Dismissal of the action; (h) The individual to whom the holiday observed by the Federal (6) Entering a decision by default; and subpoena is directed may file with the Government, in which event it includes (7) Refusing to consider any motion or ALJ a motion to quash the subpoena the next business day. other action that is not filed in a timely within 10 days after service. (b) When the period of time allowed manner. (i) The exclusive remedy for is less than 7 days, intermediate (b) In civil money penalty cases contumacy by, or refusal to obey a Saturdays, Sundays and legal holidays commenced under section 1128A of the

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Social Security Act or under any written statement must be provided to case is admissible in order to show provision in this part which all other parties along with the last motive, opportunity, intent, knowledge, incorporates section 1128A(c)(4) of the known address of such witnesses, in a preparation, identity, lack of mistake, or Social Security Act, the ALJ may also manner that allows sufficient time for existence of a scheme. Such evidence is order the party or attorney who has other parties to subpoena such witness admissible regardless of whether the engaged in any of the acts described in for cross-examination at the hearing. crimes, wrongs, or acts occurred during paragraph (a) of this section to pay Prior written statements of witnesses the statute of limitations period attorney’s fees and other costs caused by proposed to testify at the hearing will be applicable to the acts which constitute the failure or misconduct. exchanged as provided in § 200.2008. the basis for liability in the case, and (c) The ALJ will exercise reasonable regardless of whether they were § 200.2015 The hearing and burden of control over the mode and order of referenced in the DHA’s notice sent in proof. interrogating witnesses and presenting accordance with § 200.1500. (a) The ALJ will conduct a hearing on evidence so as to: (h) The ALJ will permit the parties to the record in order to determine (1) Make the interrogation and introduce rebuttal witnesses and whether the petitioner or respondent presentation effective for the evidence. should be found liable under this part. ascertainment of the truth; (i) All documents and other evidence (b) With regard to the burden of proof (2) Avoid repetition or needless offered or taken for the record will be in civil money penalty cases under this consumption of time; and open to examination by all parties, part— (3) Protect witnesses from harassment unless otherwise ordered by the ALJ for (1) The respondent or petitioner, as or undue embarrassment. good cause shown. applicable, bears the burden of going (d) The ALJ will permit the parties to (j) The ALJ may not consider evidence forward and the burden of persuasion conduct such cross-examination of regarding the issue of willingness and with respect to affirmative defenses and witnesses as may be required for a full ability to enter into and successfully any mitigating circumstances; and and true disclosure of the facts. complete a corrective action plan when (2) The DHA bears the burden of (e) The ALJ may order witnesses such evidence pertains to matters going forward and the burden of excluded so that they cannot hear the occurring after the submittal of the case persuasion with respect to all other testimony of other witnesses. This does to the Secretary. The determination issues. not authorize exclusion of— regarding the appropriateness of any (c) The burden of persuasion will be (1) A party who is an individual; corrective action plan is not reviewable. judged by a preponderance of the (2) In the case of a party that is not evidence. an individual, an officer or employee of § 200.2018 The record. (d) The hearing will be open to the the party appearing for the entity pro se (a) The hearing will be recorded and public unless otherwise ordered by the or designated as the party’s transcribed. Transcripts may be ALJ for good cause shown. representative; or obtained following the hearing from the (e)(1) A hearing under this part is not (3) An individual whose presence is ALJ. limited to specific items and shown by a party to be essential to the (b) The transcript of testimony, information set forth in the notice letter presentation of its case, including an exhibits and other evidence admitted at to the petitioner or respondent. Subject individual engaged in assisting the the hearing, and all papers and requests to the 15-day requirement under attorney for the Inspector General (IG). filed in the proceeding constitute the § 200.2008, additional items and record for the decision by the ALJ and § 200.2017 Evidence. information, including aggravating or the Secretary. mitigating circumstances that arose or (a) The ALJ will determine the (c) The record may be inspected and became known subsequent to the admissibility of evidence. copied (upon payment of a reasonable issuance of the notice letter, may be (b) Except as provided in this part, the fee) by any person, unless otherwise introduced by either party during its ALJ will not be bound by the Federal ordered by the ALJ for good cause case-in-chief unless such information or Rules of Evidence. However, the ALJ shown. items are— may apply the Federal Rules of (d) For good cause, the ALJ may order (i) Privileged; or Evidence where appropriate, for appropriate redactions made to the (ii) Deemed otherwise inadmissible example, to exclude unreliable record. under § 200.2017. evidence. (2) After both parties have presented (c) The ALJ must exclude irrelevant or § 200.2019 Post-hearing briefs. their cases, evidence may be admitted immaterial evidence. The ALJ may require the parties to file on rebuttal even if not previously (d) Although relevant, evidence may post-hearing briefs. In any event, any exchanged in accordance with be excluded if its probative value is party may file a post-hearing brief. The § 200.2008. substantially outweighed by the danger ALJ will fix the time for filing such of unfair prejudice, confusion of the briefs which are not to exceed 60 days § 200.2016 Witnesses. issues, or by considerations of undue from the date the parties receive the (a) Except as provided in paragraph delay or needless presentation of transcript of the hearing or, if (b) of this section, testimony at the cumulative evidence. applicable, the stipulated record. Such hearing will be given orally by (e) Although relevant, evidence must briefs may be accompanied by proposed witnesses under oath or affirmation. be excluded if it is privileged under findings of fact and conclusions of law. (b) At the discretion of the ALJ, Federal law. The ALJ may permit the parties to file testimony (other than expert testimony) (f) Evidence concerning offers of reply briefs. may be admitted in the form of a written compromise or settlement made in this statement. The ALJ may, at his or her action will be inadmissible to the extent § 200.2020 Initial decision. discretion, admit prior sworn testimony provided in Rule 408 of the Federal (a) The ALJ will issue an initial of experts which has been subject to Rules of Evidence. decision, based only on the record, adverse examination, such as a (g) Evidence of crimes, wrongs, or acts which will contain findings of fact and deposition or trial testimony. Any such other than those at issue in the instant conclusions of law.

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(b) The ALJ may affirm, increase or have been raised before the ALJ but was DAB will automatically stay the reduce the penalties, assessment not. effective date of the ALJ’s decision. proposed or imposed by the DHA. (f) If any party demonstrates to the (b)(1) After the DAB renders a (c) The ALJ will issue the initial satisfaction of the DAB that additional decision in a CMP case, pending decision to all parties within 120 days evidence not presented at such hearing judicial review, the respondent may file after the time for submission of post- is relevant and material and that there a request for stay of the effective date of hearing briefs and reply briefs, if were reasonable grounds for the failure any penalty or assessment with the ALJ. permitted, has expired. The decision to adduce such evidence at such The request must be accompanied by a will be accompanied by a statement hearing, the DAB may remand the copy of the notice of appeal filed with describing the right of any party to file matter to the ALJ for consideration of the Federal court. The filing of such a a notice of appeal with the DAB and such additional evidence. request will automatically act to stay the instructions for how to file such appeal. (g) The DAB may decline to review effective date of the penalty or If the ALJ fails to meet the deadline the case, or may affirm, increase, assessment until such time as the ALJ contained in this paragraph (c), he or reduce, reverse, or remand any penalty rules upon the request. she will notify the parties of the reason or assessment determined by the ALJ. (2) The ALJ may not grant a for the delay and will set a new (h) The standard of review on a respondent’s request for stay of any deadline. disputed issue of fact is whether the penalty or assessment unless the (d) Except as provided in paragraph initial decision is supported by respondent posts a bond or provides (e) of this section, unless the initial substantial evidence on the whole other adequate security. decision is appealed to the DAB, it will record. The standard of review on a (3) The ALJ will rule upon a be final and binding on the parties 30 disputed issue of law is whether the respondent’s request for stay within 10 days after the ALJ serves the parties initial decision is erroneous. days of receipt. with a copy of the decision. If service is (i) Within 120 days after the time for § 200.2023 Harmless error. by mail, the date of service will be submission of briefs and reply briefs, if deemed to be 5 days from the date of permitted, has expired, the DAB will No error in either the admission or the mailing. issue to each party to the appeal a copy exclusion of evidence, and no error or (e) If an extension of time within of the DAB’s decision and a statement defect in any ruling or order or in any which to appeal the initial decision is describing the right of any petitioner or act done or omitted by the ALJ or by any granted under § 200.2021(a), except as respondent who is found liable to seek of the parties, including Federal provided in § 200.2022(a), the initial judicial review. representatives or TRICARE contractors (j) Except with respect to any penalty decision will become final and binding is ground for vacating, modifying, or or assessment remanded by the ALJ, the on the day following the end of the otherwise disturbing an otherwise DAB’s decision, including a decision to extension period. appropriate ruling or order or act, unless decline review of the initial decision, refusal to take such action appears to § 200.2021 Appeal to DAB. becomes final and binding 60 days after the ALJ or the DAB inconsistent with (a) Any party may appeal the initial the date on which the DAB serves the substantial justice. The ALJ and the decision of the ALJ to the DAB by filing parties with a copy of the decision. If DAB at every stage of the proceeding a notice of appeal with the DAB within service is by mail, the date of service will disregard any error or defect in the 30 days of the date of service of the will be deemed to be 5 days from the proceeding that does not affect the initial decision. The DAB may extend date of mailing. substantial rights of the parties. (k)(1) Any petition for judicial review the initial 30 day period for a period of Dated: September 14, 2020. must be filed within 60 days after the time not to exceed 30 days if a party Aaron T. Siegel, files with the DAB a request for an DAB serves the parties with a copy of the decision. If service is by mail, the Alternate OSD Federal Register Liaison extension within the initial 30 day Officer, Department of Defense. period and shows good cause. date of service will be deemed to be 5 days from the date of mailing. [FR Doc. 2020–20541 Filed 9–25–20; 8:45 am] (b) If a party files a timely notice of (2) In compliance with 28 U.S.C. BILLING CODE 5001–06–P appeal with the DAB, the ALJ will 2112(a), a copy of any petition for forward the record of the proceeding to judicial review filed in any U.S. Court the DAB. of Appeals challenging a final action of DEPARTMENT OF DEFENSE (c) A notice of appeal will be the DAB will be sent by certified mail, Office of the Secretary accompanied by a written brief return receipt requested, to the General specifying exceptions to the initial Counsel of the DHA. The petition copy 32 CFR Part 310 decision and reasons supporting the will be time-stamped by the clerk of the exceptions. Any party may file a brief in court when the original is filed with the [Docket ID: DOD–2019–OS–0122] opposition to exceptions, which may court. RIN 0790–AK47 raise any relevant issue not addressed in (3) If the General Counsel of the DHA the exceptions, within 30 days of receives two or more petitions within 10 Privacy Act of 1974; Implementation receiving the notice of appeal and days after the DAB issues its decision, accompanying brief. The DAB may the General Counsel of the DHA will AGENCY: Office of the Secretary of permit the parties to file reply briefs. notify the U.S. Judicial Panel on Defense, DoD. (d) There is no right to appear Multidistrict Litigation of any petitions ACTION: Direct final rule with request for personally before the DAB or to appeal that were received within the 10-day comments. to the DAB any interlocutory ruling by period. the ALJ, except on the timeliness of a SUMMARY: The Office of the Secretary filing of the hearing request. § 200.2022 Stay of initial decision. proposes to exempt records maintained (e) The DAB will not consider any (a) In a CMP case under section in CIG–26, ‘‘Case Control System— issue not raised in the parties’ briefs, 1128A of the Act, the filing of a Investigative.’’ The System of Records nor any issue in the briefs that could respondent’s request for review by the Notice was published in the Federal

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Register on August 9, 2011. This rule is in the administration of such programs not have significant economic impact on being published as a direct final rule as and operations; and to prevent and a substantial number of small entities the DoD does not expect to receive any detect fraud, waste, and abuse in such because they are concerned only with adverse comments. If such comments programs and operations. Accordingly, the administration of Privacy Act are received, this direct final rule will the records in this system are used in systems of records within the be cancelled and a proposed rule for the course of investigating individuals Department of Defense. comments will be published. suspected of administrative or criminal Congressional Review Act DATES: The rule will be effective on misconduct. December 7, 2020 unless comments are The Congressional Review Act, 5 Executive Order 12866, ‘‘Regulatory U.S.C. 801 et seq., generally provides received that would result in a contrary Planning and Review’’ and Executive determination. Comments will be that before a rule may take effect, the Order 13563, ‘‘Improving Regulation agency promulgating the rule must accepted on or before November 27, and Regulatory Review’’ 2020. submit a rule report, which includes a It has been previously determined copy of the rule, to each House of the ADDRESSES: You may submit comments, that all Privacy Act rules for the Congress and to the Comptroller General identified by docket number and title, Department of Defense are not of the United States. We will submit a by any of the following methods. significant rules. The rules do not: (1) report containing this rule and other * Federal eRulemaking Portal: http:// Have an annual effect on the economy required information to the U.S. Senate, www.regulations.gov. of $100 million or more or adversely the U.S. House of Representatives, and Follow the instructions for submitting affect in a material way the economy; a the Comptroller General of the United comments. sector of the economy; productivity; States. A major rule cannot take effect * Mail: DoD cannot receive written competition; jobs; the environment; until 60 days after it is published in the comments at this time due to the public health or safety; or State, local, Federal Register. This direct final rule COVID–19 pandemic. Comments should or tribal governments or communities; is not a ‘‘major rule’’ as defined by 5 be sent electronically to the docket (2) Create a serious inconsistency or U.S.C. 804(2). listed above. otherwise interfere with an action taken Executive Order 13132, ‘‘Federalism’’ Instructions: All submissions received or planned by another Agency; (3) must include the agency name and Materially alter the budgetary impact of It has been determined that the docket number or Regulatory entitlements, grants, user fees, or loan Privacy Act rules for the Department of Information Number (RIN) for this programs, or the rights and obligations Defense do not have federalism Federal Register document. The general of recipients thereof; or (4) Raise novel implications. The rules do not have policy for comments and other legal or policy issues arising out of legal substantial direct effects on the States, submissions from members of the public mandates, the President’s priorities, or on the relationship between the is to make these submissions available the principles set forth in these National Government and the States, or for public viewing on the internet at Executive Orders. on the distribution of power and http://www.regulations.gov as they are responsibilities among the various received without change, including any Executive Order 13771, ‘‘Reducing levels of government. personal identifiers or contact Regulation and Controlling Regulatory information. Costs’’ List of Subjects in 32 CFR Part 310 Privacy. FOR FURTHER INFORMATION CONTACT: Ms. This final rule is not subject to the Accordingly, 32 CFR part 310 is Anna Rivera, 703–699–5680. requirements of E.O. 13771 because it is not significant under E.O. 12866. amended as follows: SUPPLEMENTARY INFORMATION: The Office of the Secretary proposes to exempt Section 202, Public Law 104–4, PART 310—[AMENDED] records maintained in CIG–26, ‘‘Case ‘‘Unfunded Mandates Reform Act’’ ■ 1. The authority citation for part 310 Control System–Investigative,’’ from It has been determined that the continues to read as follows: subsections (c)(3) and (c)(4); (d); (e)(1), Privacy Act rulemaking for the (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), Department of Defense does not involve Authority: 5 U.S.C. 552a. (e)(5), and (e)(8); and (g) of the Privacy a Federal mandate that may result in the ■ 2. Amend § 310.28 by adding Act pursuant to 5 U.S.C. 552a (j)(2), expenditure by State, local and tribal paragraph (c)(9) to read as follows: (k)(1), and (k)(2). governments, in the aggregate, or by the This direct final rule adds to the private sector, of $100 million or more § 310.28 Office of the Inspector General Office of the Inspector General (OIG) and that such rulemaking will not (OIG) exemptions. exemptions found in 32 CFR 310.28. significantly or uniquely affect small * * * * * This exemption rule will allow the DoD governments. (c) * * * OIG to efficiently and effectively (9) System identifier and name. CIG– implement the DoD Inspector General Public Law 96–511, ‘‘Paperwork 26, Case Control System–Investigative. program by exempting certain records Reduction Act’’ (44 U.S.C. Chapter 35) (i) Exemption. Any portion of this from pertinent provisions of 5 U.S.C. It has been determined that Privacy system which falls within the 552a. Act rules for the Department of Defense provisions of 5 U.S.C. 552a(j)(2) may be The DoD OIG maintains this system of impose no additional reporting or exempt from the following subsections records in order to carry out its recordkeeping requirements on the of 5 U.S.C. 552a: (c)(3), (c)(4), (d), (e)(1), responsibilities pursuant to the public under the Paperwork Reduction (e)(2), (e)(3), (e)(4)(G) through (I), (e)(5), Inspector General Act of 1978, as Act of 1995. (e)(8), and (g), as applicable. In addition, amended. The DoD OIG is statutorily any portion of this system which falls directed to conduct and supervise Public Law 96–354, ‘‘Regulatory within the provisions of 5 U.S.C. investigations relating to the programs Flexibility Act’’ (5 U.S.C. Chapter 6) 552a(k)(1) or (k)(2) may be exempt from and operations of the DoD; to promote It has been certified that Privacy Act the following subsections of 5 U.S.C. economy, efficiency, and effectiveness rules for the Department of Defense do 552a: (c)(3), (d), (e)(1), (e)(4)(G) through

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(I), as applicable. Exempted records potential danger to the health or safety (G) From subsection (e)(5) because the from other systems of records may in- of law enforcement personnel, requirement that records be maintained turn become part of the case record in confidential informants, and witnesses. with attention to accuracy, relevance, this system. To the extent that copies of Amendment of open or active timeliness, and completeness would exempt records from those ‘other’ investigations would interfere with unfairly hamper the investigative systems of records are entered into this ongoing law enforcement investigations process. It is the nature of criminal law system, the DoD OIG claims the same and analysis activities, and impose an enforcement for investigations to exemptions for the records from those excessive administrative burden by uncover the commission of illegal acts ‘other’ systems that are entered into this requiring investigations, analyses, and at diverse stages. It is frequently system, as claimed for the original reports to be continuously impossible to determine initially what primary system of which they are a part. reinvestigated and revised. information is accurate, relevant, timely, Records are only exempt from pertinent (C) From subsection (e)(1) because it and complete. With the passage of time, provisions of 5 U.S.C. 552a to the extent is not always possible to determine seemingly irrelevant or untimely such provisions have been identified what information is relevant and information may acquire new and an exemption claimed for the necessary at an early stage in a given significance as further investigation original record and the purposes investigation, and because DoD OIG and brings new details to light. underlying the exemption for the other agencies may not always know (H) From subsection (e)(8) because the original record still pertain to the record what information about a known or notice requirements of this provision which is now contained in this system suspected offender may be relevant to could present a serious impediment to of records. The exemption rule for the law enforcement for the purpose of criminal law enforcement investigations original records will identify the conducting an operational response. by revealing investigative techniques, specific reasons why the records are The nature of the criminal and/or procedures, and existence of sensitive exempt from specific provisions of 5 administrative law enforcement information and/or confidential sources. U.S.C. 552a. investigative functions creates unique (I) To the extent that exemptions have (ii) Authority. 5 U.S.C. 552a(j)(2), problems in prescribing a specific been established from other provisions (k)(1), and (k)(2). parameter and a particular case with of the Privacy Act, the civil remedies (iii) Reasons. (A) From subsections respect to what information is relevant provisions of subsection (g) are (c)(3) and (c)(4) because making or necessary. Also, due to the DoD OIG’s inapplicable. The nature of criminal law available to a record subject the close liaison and working relationships enforcement investigations and the accounting of disclosure of with other Federal, State, local and utilization of authorized exemptions investigations concerning him or her foreign country criminal and should not increase the Department’s would specifically reveal an administrative law enforcement exposure to civil litigation under the investigative interest in the individual. agencies, information may be received Privacy Act. Revealing this information would which may relate to a case under the reasonably be expected to compromise Dated: September 23, 2020. investigative jurisdiction of another open or closed administrative or Aaron T. Siegel, agency. The maintenance of this criminal investigation efforts to a known Alternate OSD Federal Register Liaison or suspected offender by notifying the information may be necessary to Officer, Department of Defense. provide leads for appropriate criminal record subject that he or she is under [FR Doc. 2020–21379 Filed 9–25–20; 8:45 am] and administrative law enforcement investigation. This information could BILLING CODE 5001–06–P also prompt the record subject to take purposes and to establish patterns of measures to impede the investigation, activity which may relate to the e.g., destroy evidence, intimidate jurisdiction of other cooperating agencies. ENVIRONMENTAL PROTECTION potential witnesses, or flee the area to AGENCY avoid or impede the investigation. (D) From subsection (e)(2) because it (B) From subsection (d), because these is not always in the best interest of law 40 CFR Part 180 provisions concern individual access to enforcement to collect information to and amendment of certain records the greatest extent practicable directly [EPA–HQ–OPP–2017–0335; FRL–10013–27] from an investigative subject. Requiring contained in this system. Granting Pseudomonas fluorescens Strain access to information that is properly the collection of information to the greatest extent practicable directly from ACK55; Exemption From the classified pursuant to executive order Requirement of a Tolerance may cause damage to national security. an investigative subject would present a Additionally, compliance with these serious impediment to law enforcement AGENCY: Environmental Protection provisions could alert the subject of an in that the subject of the investigation Agency (EPA). investigation of the fact and nature of would be placed on notice of the ACTION: Final rule. the investigation and/or the existence of the investigation and would investigative interest of law enforcement therefore be able to avoid detection. SUMMARY: This regulation establishes an agencies. It can also compromise (E) From subsection (e)(3) because exemption from the requirement of a sensitive information related to national supplying an individual with a form tolerance for residues of Pseudomonas security; interfere with the overall law containing a Privacy Act Statement fluorescens strain ACK55 in or on all enforcement process by leading to the would tend to inhibit cooperation by food commodities when used in destruction of evidence, improper many individuals involved in a criminal accordance with label directions and influencing of witnesses, fabrication of investigation. The effect would be good agricultural practices. The IR–4 testimony, and/or flight of the subject; somewhat adverse to established Project submitted a petition to EPA could identify a confidential source or investigative methods and techniques. under the Federal Food, Drug, and disclose information which would (F) From subsections (e)(4)(G) through Cosmetic Act (FFDCA), requesting an constitute an unwarranted invasion of (I) because this system of records is exemption from the requirement of a another’s personal privacy; reveal a exempt from the access provisions of tolerance. This regulation eliminates the sensitive investigation or constitute a subsection (d). need to establish a maximum

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permissible level for residues of • Pesticide manufacturing (NAICS www.epa.gov/dockets/about-epa- Pseudomonas fluorescens strain ACK55 code 32532). dockets. under FFDCA. B. How can I get electronic access to II. Background DATES: This regulation is effective other related information? September 28, 2020. Objections and In the Federal Register of October 28, You may access a frequently updated requests for hearings must be received 2019 (84 FR 57685) (FRL–10001–11), electronic version of 40 CFR part 180 on or before November 27, 2020 and EPA issued a document pursuant to through the Government Publishing must be filed in accordance with the FFDCA section 408(d)(3), 21 U.S.C. Office’s e-CFR site at https:// instructions provided in 40 CFR part 346a(d)(3), announcing the filing of a www.ecfr.gov/cgi-bin/text- 178 (see also Unit I.C. of the pesticide tolerance exemption petition idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ SUPPLEMENTARY INFORMATION). (PP 9E8784) by the IR–4 Project, 40tab_02.tpl. ADDRESSES: The docket for this action, Rutgers, The State University of New identified by docket identification (ID) C. How can I file an objection or hearing Jersey, 500 College Rd. East, Suite number EPA–HQ–OPP–2017–0335, is request? 201W, Princeton, NJ 08540. The petition available at https://www.regulations.gov Under FFDCA section 408(g), 21 requested that 40 CFR part 180 be or at the Office of Pesticide Programs U.S.C. 346a(g), any person may file an amended by establishing an exemption Regulatory Public Docket (OPP Docket) objection to any aspect of this regulation from the requirement of a tolerance for in the EPA Docket Center (EPA/DC), and may also request a hearing on those residues of the herbicide Pseudomonas West William Jefferson Clinton Bldg., objections. You must file your objection fluorescens strain ACK55 in or on all Rm. 3334, 1301 Constitution Ave. NW, or request a hearing on this regulation food commodities. That document Washington, DC 20460–0001. The in accordance with the instructions referenced a summary of the petition Public Reading Room is open from 8:30 provided in 40 CFR part 178. To ensure prepared by the petitioner, the IR–4 a.m. to 4:30 p.m., Monday through proper receipt by EPA, you must Project, and is available in the docket Friday, excluding legal holidays. The identify docket ID number EPA–HQ– via https://www.regulations.gov. There telephone number for the Public OPP–2017–0335 in the subject line on were no comments received in response Reading Room is (202) 566–1744, and the first page of your submission. All to the notice of filing. the telephone number for the OPP objections and requests for a hearing III. Final Rule Docket is (703) 305–5805. must be in writing and must be received Due to the public health concerns by the Hearing Clerk on or before A. EPA’s Safety Determination related to COVID–19, the EPA Docket November 27, 2020. Addresses for mail Center (EPA/DC) and Reading Room is and hand delivery of objections and Section 408(c)(2)(A)(i) of FFDCA closed to visitors with limited hearing requests are provided in 40 CFR allows EPA to establish an exemption exceptions. The staff continues to 178.25(b). from the requirement of a tolerance (the provide remote customer service via In addition to filing an objection or legal limit for a pesticide chemical email, phone, and webform. For the hearing request with the Hearing Clerk residue in or on a food) only if EPA latest status information on EPA/DC as described in 40 CFR part 178, please determines that the exemption is ‘‘safe.’’ services and docket access, visit https:// submit a copy of the filing (excluding Section 408(c)(2)(A)(ii) of FFDCA www.epa.gov/dockets. any Confidential Business Information defines ‘‘safe’’ to mean that ‘‘there is a FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. reasonable certainty that no harm will Anne Overstreet, Biopesticides and Information not marked confidential result from aggregate exposure to the Pollution Prevention Division (7511P), pursuant to 40 CFR part 2 may be pesticide chemical residue, including Office of Pesticide Programs, disclosed publicly by EPA without prior all anticipated dietary exposures and all Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your other exposures for which there is Pennsylvania Ave. NW, Washington, DC objection or hearing request, identified reliable information.’’ This includes 20460–0001; main telephone number: by docket ID number EPA–HQ–OPP– exposure through drinking water and in (703) 305–7090; email address: 2017–0335, by one of the following residential settings but does not include [email protected]. methods: occupational exposure. Pursuant to • FFDCA section 408(c)(2)(B), in SUPPLEMENTARY INFORMATION: Federal eRulemaking Portal: https://www.regulations.gov. Follow the establishing or maintaining in effect an I. General Information online instructions for submitting exemption from the requirement of a tolerance, EPA must take into account A. Does this action apply to me? comments. Do not submit electronically any information you consider to be CBI the factors set forth in FFDCA section You may be potentially affected by or other information whose disclosure is 408(b)(2)(C), which require EPA to give this action if you are an agricultural restricted by statute. special consideration to exposure of producer, food manufacturer, or • Mail: OPP Docket, Environmental infants and children to the pesticide pesticide manufacturer. The following Protection Agency Docket Center (EPA/ chemical residue in establishing a list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. tolerance or tolerance exemption and to Classification System (NAICS) codes is NW, Washington, DC 20460–0001. ‘‘ensure that there is a reasonable not intended to be exhaustive, but rather • Hand Delivery: To make special certainty that no harm will result to provides a guide to help readers arrangements for hand delivery or infants and children from aggregate determine whether this document delivery of boxed information, please exposure to the pesticide chemical applies to them. Potentially affected follow the instructions at https:// residue. . . .’’ Additionally, FFDCA entities may include: www.epa.gov/dockets/where-send- section 408(b)(2)(D) requires that EPA • Crop production (NAICS code 111). comments-epa-dockets. consider ‘‘available information • Animal production (NAICS code Additional instructions on concerning the cumulative effects of [a 112). commenting or visiting the docket, particular pesticide’s] . . . residues and • Food manufacturing (NAICS code along with more information about other substances that have a common 311). dockets generally, is available at https:// mechanism of toxicity.’’

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EPA evaluated the available collections subject to OMB approval List of Subjects in 40 CFR Part 180 toxicological and exposure data on under the Paperwork Reduction Act, 44 Environmental protection, Pseudomonas fluorescens strain ACK55 U.S.C. 3501 et seq., nor does it require Administrative practice and procedure, and considered their validity, any special considerations under Agricultural commodities, Pesticides completeness, and reliability, as well as Executive Order 12898, entitled and pests, Reporting and recordkeeping the relationship of this information to ‘‘Federal Actions to Address requirements. human risk. An explanation of the data Environmental Justice in Minority upon which EPA relied and its risk Populations and Low-Income Dated: September 4, 2020. assessment based on those data can be Populations’’ (59 FR 7629, February 16, Edward Messina, found within the document entitled 1994). Acting Director, Office of Pesticide Programs. ‘‘Federal Food, Drug, and Cosmetic Act Since tolerances and exemptions that Therefore, 40 CFR chapter I is (FFDCA) Safety Determination for are established on the basis of a petition amended as follows: Pseudomonas fluorescens strain under FFDCA section 408(d), such as ACK55.’’ This document, as well as the tolerance exemption in this action, PART 180—TOLERANCES AND other relevant information, is available do not require the issuance of a EXEMPTIONS FOR PESTICIDE in the docket for this action as described proposed rule, the requirements of the CHEMICAL RESIDUES IN FOOD under ADDRESSES. In sum, the available Regulatory Flexibility Act (5 U.S.C. 601 data indicate a lack of toxicity, ■ et seq.) do not apply. 1. The authority citation for part 180 infectivity, and pathogenicity from continues to read as follows: This action directly regulates growers, exposure to Pseudomonas fluorescens Authority: 21 U.S.C. 321(q), 346a and 371. strain ACK55. Due primarily to the lack food processors, food handlers, and food of any toxicity and adverse effects, EPA retailers, not States or Tribes. As a ■ 2. Add § 180.1379 to subpart D to read concludes that there is a reasonable result, this action does not alter the as follows: certainty that no harm will result to the relationships or distribution of power and responsibilities established by § 180.1379 Pseudomonas fluorescens U.S. population, including infants and strain ACK55; exemption from the children, from aggregate exposure to Congress in the preemption provisions requirement of a tolerance. residues of Pseudomonas fluorescens of FFDCA section 408(n)(4). As such, Residues of Pseudomonas fluorescens strain ACK55. Therefore, an exemption EPA determined that this action will not strain ACK55 are exempt from the from the requirement of a tolerance is have a substantial direct effect on States requirement of a tolerance in or on all established for residues of Pseudomonas or Tribal governments, on the food commodities when used in fluorescens strain ACK55 in or on all relationship between the National accordance with label directions and food commodities when used in Government and the States or Tribal good agricultural practices. accordance with label directions and governments, or on the distribution of good agricultural practices. power and responsibilities among the [FR Doc. 2020–20622 Filed 9–25–20; 8:45 am] various levels of government or between BILLING CODE 6560–50–P B. Analytical Enforcement Methodology the Federal Government and Indian An analytical method is not required tribes. Thus, EPA determined that because EPA is establishing an Executive Order 13132, entitled FEDERAL COMMUNICATIONS exemption from the requirement of a ‘‘Federalism’’ (64 FR 43255, August 10, COMMISSION tolerance without any numerical 1999), and Executive Order 13175, limitation. entitled ‘‘Consultation and Coordination 47 CFR Parts 1, 22, 24, 27, 30, 74, 80, IV. Statutory and Executive Order with Indian Tribal Governments’’ (65 FR 90, 95, and 101 Reviews 67249, November 9, 2000), do not apply [WT Docket No. 10–112; FCC 17–105; PS to this action. In addition, this action This action establishes a tolerance Docket No. 13–229; FCC 15–103; FRS does not impose any enforceable duty or 17076] exemption under FFDCA section 408(d) contain any unfunded mandate as in response to a petition submitted to described under Title II of the Unfunded Uniform License Renewal, EPA. The Office of Management and Mandates Reform Act (2 U.S.C. 1501 et Discontinuance of Operation, and Budget (OMB) has exempted these types seq.). Geographic Partitioning and Spectrum of actions from review under Executive This action does not involve any Disaggregation Rules and Policies for Order 12866, entitled ‘‘Regulatory Certain Wireless Radio Services; Rules Planning and Review’’ (58 FR 51735, technical standards that would require EPA’s consideration of voluntary To Facilitate the Use of Vehicular October 4, 1993). Because this action Repeater Units has been exempted from review under consensus standards pursuant to section Executive Order 12866, this action is 12(d) of the National Technology AGENCY: Federal Communications not subject to Executive Order 13211, Transfer and Advancement Act (15 Commission. U.S.C. 272 note). entitled ‘‘Actions Concerning ACTION: Final rule; announcement of Regulations That Significantly Affect V. Congressional Review Act effective date. Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001), or Executive Pursuant to the Congressional Review SUMMARY: In this document, the Federal Order 13045, entitled ‘‘Protection of Act (5 U.S.C. 801 et seq.), EPA will Communications Commission Children from Environmental Health submit a report containing this rule and (Commission) announces that the Office Risks and Safety Risks’’ (62 FR 19885, other required information to the U.S. of Management and Budget (OMB) has April 23, 1997), nor is it considered a Senate, the U.S. House of approved, for a period of three years, the regulatory action under Executive Order Representatives, and the Comptroller information collection requirements 13771, entitled ‘‘Reducing Regulations General of the United States prior to associated with the Uniform License and Controlling Regulatory Costs’’ (82 publication of the rule in the Federal Renewal, Discontinuance of Operation, FR 9339, February 3, 2017). This action Register. This action is not a ‘‘major and Geographic Partitioning and does not contain any information rule’’ as defined by 5 U.S.C. 804(2). Spectrum Disaggregation Rules and

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Policies for Certain Wireless Radio Form Number: FCC Form 601. 90.20(d) and 90.265 of the Services Second Report and Order and Respondents: Individuals and Commission’s Rules to Facilitate the the Report and Order on the households; Business or other for-profit Use of Vehicular Repeater Units, FCC Commission’s Rules to Facilitate the entities; Not-for-profit institutions; and 15–103, in which it decided to adopt Use of Vehicular Repeater Units. This State, local or tribal governments. certain changes to the rules governing document is consistent with the Second Number of Respondents: 255,452 six remote control and telemetry Report and Order, Report and Order, all respondents and 255,452 responses. channels in the VHF band. The of which stated that the Commission Estimated Time per Response: 0.5– Commission decided to allow the would publish a document in the 1.25 hours. licensing and operation of vehicular Federal Register announcing OMB Frequency of Response: repeater systems (VRS) and other mobile approval and the effective date of the Recordkeeping requirement, third party repeaters on these channels. Of information collection requirements. disclosure requirement, on occasion significance for this collection, the reporting requirement and periodic DATES: The rule amendments contained Commission decided that the only way reporting requirement. in 47 CFR 1.949, 1.950, 1.953, 22.317, to accommodate both telemetry and Obligation to Respond: Required to VRS on these frequencies is through 22.947, 27.14(e), 27.14(q)(7), 27.14(r)(6), obtain or retain benefits. The statutory 27.14(s)(6), 27.14(t)(6), 27.17, 30.106, frequency coordination to both ensure authority for this collection of geographic separation as well as and 74.632(g) published at 82 FR 41530, information is contained in 47 U.S.C. September 1, 2017, and 47 CFR minimizing the risk of commingling 151, 152, 154, 154(i), 155(c), 157, 201, voice and data operations. In particular, 90.175(b)(4) published at 81 FR 2106, 202, 208, 214, 301, 302a, 303, 307, 308, January 15, 2016, are effective on the Commission adopted new section 309, 310, 311, 314, 316, 319, 324, 331, 90.175(b)(4), which prescribes the September 28, 2020. 332, 333, 336, 534, 535 and 554. FOR FURTHER INFORMATION CONTACT: For obligations of frequency coordinators Total Annual Burden: 223,921 hours. and the ability of applicants to submit additional information, contact Cathy Total Annual Cost: $71,906,000. Williams, [email protected], (202) Privacy Impact Assessment: Yes. written concurrences from potentially 418–2918. Nature and Extent of Confidentiality: affected incumbent licensees as part of the Form 601 filing. SUPPLEMENTARY INFORMATION: This In general, there is no need for confidentiality with this collection of OMB Control Number: 3060–0800. document announces that, on June 4, OMB Approval Date: June 15, 2020. information. 2020, and June 15, 2020, OMB approved OMB Expiration Date: June 30, 2023. Needs and Uses: On August 3, 2017, the information collection requirements Title: FCC Application for the Commission released the WRS contained in the Commission’s Second Assignments of Authorization and Reform Second Report and Order in Report and Order, FCC 17–105, Transfers of Control: Wireless which it consolidated the hodgepodge published at 82 FR 41530, September 1, Telecommunications Bureau and Public of service-specific renewal and 2017, and the Commission’s Report and Safety and Homeland Security Bureau. Order, FCC 15–103, published at 81 FR permanent discontinuance rules into Form Number: FCC Form 603. 2106, January 15, 2016. The OMB consolidated Part 1 rules, 1.949 and Respondents: Business or other for- Control Numbers are 3060–0798 and 1.953, respectively (See Amendment of profit entities, Individuals or 3060–0800. The Commission publishes Parts 1, 22, 27, 74, 90, 95, and 101. To households, not-for-profit institutions, this document as an announcement of Establish Uniform License Renewal, and State, Local or Tribal Governments. the effective date of the information Discontinuance of Operation, and Number of Respondents and collection requirements. Geographic Partitioning and Spectrum Responses: 2,547 respondents; 2,547 Disaggregation Rules and Policies for Synopsis responses. Certain Wireless Radio Services, Second Estimated Time per Response: 0.5 As required by the Paperwork Report and Order and Further Notice of hours–1.75 hours. Reduction Act of 1995 (44 U.S.C. 3507), Proposed Rulemaking, FCC 17–105 Frequency of Response: the FCC is notifying the public that it (WRS Reform Second Report and Recordkeeping requirement, on received OMB approval on June 4, 2020, Order)). Of relevance to the information occasion reporting requirement and and June 15, 2020, for the information collection at issue here, the Commission periodic reporting requirement. collection requirements contained in the established a consistent standard for Obligation to Respond: Required to Commission’s rules. renewing wireless licenses and set forth obtain or retain benefits. The statutory No person shall be subject to any safe harbors providing expedited authority for this collection is contained penalty for failing to comply with a renewal for licensees that meet their in 47 U.S.C. 154, 155, 158, 161, 301, collection of information subject to the initial term construction requirement 303(r), 308, 309, 310 and 332. Paperwork Reduction Act that does not and remain operating at or above that Total Annual Burden: 2,872 hours. display a current, valid 3060–0798 and level. In addition, the Commission Annual Cost Burden: $381,975. 3060–0800. The foregoing notice is adopted consistent service continuity Privacy Act Impact Assessment: Yes. required by the Paperwork Reduction rules, which provide for automatic Nature and Extent of Confidentiality: Act of 1995, Public Law 104–13, termination of any license on which a In general, there is no need for October 1, 1995, and 44 U.S.C. 3507. licensee permanently discontinues confidentiality with this collection of The total annual reporting burdens service or operation. This information information. and costs for the respondents are as collection is modified to permit (1) the Needs and Uses: On August 3, 2017, follows: collection of renewal-related the Commission released the WRS OMB Control Number: 3060–0798. information for Wireless Radio Service Reform Second Report and Order in OMB Approval Date: June 4, 2020. (WRS) licenses, and (2) the filing of which it consolidated the hodgepodge OMB Expiration Date: June 30, 2023. requests to extend a permanent of service-specific geographic Title: FCC Application for Radio discontinuance period for good cause. partitioning and spectrum Service Authorization; Wireless In addition, on August 10, 2015, the disaggregation rules into a consolidated Telecommunications Bureau; Public Commission released a Report and Part 1 rule, 1.950 (See Amendment of Safety and Homeland Security Bureau. Order in Amendment of Sections Parts 1, 22, 27, 74, 90, 95, and 101 To

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Establish Uniform License Renewal, Commission determines that it is in the possible, in part, by the ability to co- Discontinuance of Operation, and public interest to eliminate them. locate broadcasters and other providers Geographic Partitioning and Spectrum DATES: Effective September 28, 2020. at a single site and a mature Disaggregation Rules and Policies for FOR FURTHER INFORMATION CONTACT: For independent communications tower Certain Wireless Radio Services, Second additional information on this industry that owns and leases tower Report and Order and Further Notice of proceeding, contact John Cobb, space to broadcasters. Proposed Rulemaking, FCC 17–105, [email protected], of the Policy In October 2019, the Commission (WRS Reform Second Report and Division, Media Bureau, (202) 418– issued a Notice of Proposed Rulemaking Order)). Of relevance to the information 2120. (NPRM) in this proceeding as a part of collection at issue here, the Commission our continuing Modernization of Media required that when portions of SUPPLEMENTARY INFORMATION: This is a Regulation Initiative. In the NPRM, we geographic licenses are sold, both summary of the Commission’s Report sought comment on whether the parties to the transaction have a clear and Order, MB Docket Nos. 19–282, 17– common antenna site rules should be construction obligation and penalty in 105; FCC 20–106, adopted on August 4, eliminated or revised. Specifically, we the event of failure. 2020 and released on August 5, 2020. sought comment on to what extent In addition, § 1.950(d) requires The full text of this document is broadcasters own their own towers, applicants for geographic partitioning, available via ECFS (http://www.fcc.gov/ whether any data suggests the rules spectrum disaggregation, or a cgb/ecfs/). (Documents will be available remain necessary, whether any combination of both, to include, if electronically in ASCII, Word, and/or broadcasters ever request use of applicable, a certification with their Adobe Acrobat.) To request these common antenna sites pursuant to these partial assignment of authorization documents in accessible formats rules, and what effect elimination of application stating which party will (computer diskettes, large print, audio these rules would have on the broadcast meet any incumbent relocation recording, and Braille), send an email to tower landscape and on FM and TV requirements, except as otherwise stated [email protected] or call the Commission’s broadcasting. We only received two in service-specific rules. Consumer and Governmental Affairs comments in response to these Bureau at (202) 418–0530 (voice), (202) Federal Communications Commission. inquiries, both of which were filed by 418–0432 (TTY). Marlene Dortch, consumers. Synopsis Discussion. In this Report and Order, Secretary, Office of the Secretary. we repeal §§ 73.239 and 73.635 of our [FR Doc. 2020–20905 Filed 9–25–20; 8:45 am] In this Report and Order, we rules. Notably, we received no comment BILLING CODE 6712–01–P eliminate §§ 73.239 and 73.635 of the in the record from any broadcast Commission’s rules regarding access to licensees that would be affected most FM and TV broadcast antenna sites. We directly by repealing these 75-year-old FEDERAL COMMUNICATIONS conclude that these rules no longer rules. As a result, there is no evidence COMMISSION serve any practical purpose in light of in the record that any broadcaster the significant broadcast infrastructure 47 CFR Part 73 believes that these rules remain development that has taken place since necessary for it to secure an antenna [MB Docket Nos. 19–282, 17–105; FCC 20– they were first adopted 75 years ago. site. As mentioned above, the only two 106; FRS 16995] With this proceeding, we continue our comments we received were filed by efforts to modernize our media consumers. Rojas agrees the rules are Use of Common Antenna Site; regulations by removing outdated and ‘‘outdated,’’ and notes the importance of Modernization of Media Regulation unnecessary requirements. broadcast services to consumers. Mullik Initiative Background. Sections 73.239 and expresses concerns about repealing the AGENCY: Federal Communications 73.635 of our rules prohibit the grant or rules, emphasizing the importance of Commission. renewal of an FM or TV broadcast preserving the widespread availability ACTION: Final rule. license ‘‘to any person who owns, of FM and TV broadcasting. We agree leases, or controls a particular site that we should ensure that any rule SUMMARY: In this Report and Order, the which is peculiarly suitable’’ for such changes do not negatively impact the Commission repeals two rules regarding broadcasting in a particular area, if the widespread availability of FM and TV access to FM and TV broadcast antenna site is not available for use by other broadcasting. For the reasons stated sites. These rules prohibit the grant or such licensees, no other comparable site below, we believe that eliminating these renewal of an FM or TV broadcast is available in the area, and the rules is consistent with this goal. license to any person who owns, leases, exclusive use of the site would unduly We conclude that eliminating these or controls a particular site which is limit the number of such stations that rules is appropriate for four reasons. peculiarly suitable for such broadcasting can be licensed or unduly restrict First, the apparent rationale for these in a particular area, if: The site is not competition among those stations. rules—promoting a fledgling broadcast available for use by other such These rules were adopted 75 years ago, industry and preserving scarce licensees, no other comparable site is at a time when FM and TV broadcasting industrial resources—no longer applies available in the area, and the exclusive were emerging industries, and the need in today’s marketplace. FM and TV use of the site would unduly limit the to preserve materials for the U.S. broadcasting are firmly established number of such stations that can be military effort in World War II had led industries, and there is no evidence in licensed or unduly restrict competition the Commission to freeze new broadcast the record of any shortage of materials among those stations. After review of station construction. At that time, there and equipment for the construction of the record, the Commission concludes were also far fewer outlets serving new infrastructure. Additionally, the that these rules no longer serve any emerging local broadcast markets. Since current trend toward co-location of practical purpose in light of the that time, the broadcast market has communications towers on antenna significant broadcast infrastructure grown significantly with a farms and the widespread availability of development since the rules were first corresponding increase in the number of tower capacity for lease from numerous adopted 75 years ago. Therefore, the antenna sites available. This is made tower companies make it less likely that

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a suitable site will be wholly Flexibility Act of 1980, as amended affected by the proposed rules, if unavailable to a broadcaster seeking to (RFA), an Initial Regulatory Flexibility adopted. The RFA generally defines the serve a community. Second, publicly Analysis (IRFA) was incorporated in the term ‘‘small entity’’ as having the same available information shows that the NPRM in this proceeding. The Federal meaning as the terms ‘‘small business,’’ communications tower market is Communications Commission ‘‘small organization,’’ and ‘‘small dominated by entities that do not hold (Commission) sought written public governmental jurisdiction.’’ In addition, broadcast licenses, and there is no comment on the proposals in the NPRM, the term ‘‘small business’’ has the same indication in the record that their including comment on the IRFA. We meaning as the term ‘‘small business broadcast lessees have the intent or received no comments specifically concern’’ under the Small Business Act. ability to restrict these tower owners directed toward the IRFA. This Final A small business concern is one which: from denying access to the broadcast Regulatory Flexibility Analysis (FRFA) (1) Is independently owned and lessees’ competitors. Third, the current conforms to the RFA. operated; (2) is not dominant in its field rules apply only in extremely limited Need for, and Objective of, the Report of operation; and (3) satisfies any circumstances, and no broadcaster and Order. The Report and Order additional criteria established by the claims that these rules are needed to eliminates the requirements in §§ 73.239 SBA. Below, we provide a description of secure access to suitable sites. Thus, we and 73.635 of the Commission’s rules, such small entities, as well as an reject Mullik’s concern that removal of regarding access to FM or TV broadcast estimate of the number of such small these rules will affect the availability of antenna sites. These rules prohibit the entities, where feasible. FM and TV signals. Finally, we grant of a license for a broadcast FM or Radio Stations. This Economic conclude that retaining a rule that has TV station, or a license renewal, to an Census category ‘‘comprises little if any applicability to the current entity that owns, leases, or controls a establishments primarily engaged in broadcast landscape (emphasized by the site that ‘‘is peculiarly suitable’’ for FM broadcasting aural programs by radio to fact that no representatives from the or TV broadcasting in a particular area the public. Programming may originate broadcast industry filed comments in unless the site is available for use by in their own studio, from an affiliated this proceeding) risks wasting other FM or TV licensees or there is network, or from external sources.’’ The Commission time and resources, as well another comparable site available in the SBA has established a small business as the resources of broadcast license area, and where the exclusive use of the size standard for this category as firms holders, on unnecessary adjudications. site by the applicant or licensee ‘‘would having $41.5 million or less in annual Simply put, based on our expert unduly limit the number of’’ FM or TV receipts. Economic Census data for 2012 judgment and the lack of record stations that can be authorized in a shows that 2,849 radio station firms received, we find that these 75-year-old particular area or would ‘‘unduly operated during that year. Of that rules have outlived their utility. restrict competition among’’ FM and TV number, 2,806 firms operated with Therefore, we determine that it is in the stations. We conclude in the Report and annual receipts of less than $25 million public interest to eliminate these Order that these requirements are per year, 17 with annual receipts outdated rules. outdated and unnecessary in light of the between $24,999,999 and $50 million, Final Regulatory Flexibility Analysis. significant changes in the broadcast and 26 with annual receipts of $50 As required by the Regulatory marketplace, including substantial million or more. Therefore, based on the Flexibility Act of 1980, as amended growth in the availability of broadcast SBA’s size standard the majority of such (RFA), the Commission has prepared a infrastructure that has occurred since entities are small entities. Final Regulatory Flexibility Analysis these restrictions were first adopted According to Commission staff review (FRFA) relating to this Order. The FRFA nearly 75 years ago. With this of the BIA/Kelsey, LLC’s Media Access is set forth below. proceeding, we continue our efforts to Pro Radio Database on January 8, 2018, Paperwork Reduction Act Analysis. modernize our rules and eliminate about 11,372 (or about 99.9 percent) of This document does not contain new or outdated and unnecessary regulations. 11,383 commercial radio stations had modified information collection Summary of Significant Issues Raised revenues of $41.5 million or less and requirements subject to the Paperwork by Public Comments in Response to the thus qualify as small entities under the Reduction Act of 1995 (PRA), Public IRFA. There were no comments filed in SBA definition. The Commission has Law 104–13. In addition, therefore, it response to the IRFA. estimated that there are 6,706 licensed does not contain any new or modified Response to comments by the Chief FM commercial stations. We note the information collection burden for small Counsel for Advocacy of the Small Commission has also estimated the business concerns with fewer than 25 Business Administration. Pursuant to number of licensed noncommercial employees, pursuant to the Small the Small Business Jobs Act of 2010, (NCE) FM radio stations to be 4,197. Business Paperwork Relief Act of 2002, which amended the RFA, the However, the Commission does not Public Law 107–198, see 44 U.S.C. Commission is required to respond to compile or have access to information 3506(c)(4). any comments filed by the Chief on the revenue of NCE stations that Congressional Review Act. The Counsel for Advocacy of the Small would permit it to determine how many Commission has determined, and the Business Administration (SBA), and to such stations would qualify as small Administrator of the Office of provide a detailed statement of any entities. Information and Regulatory Affairs, change made to the proposed rules as a We also note, that in assessing Office of Management and Budget, result of those comments. whether a business entity qualifies as concurs that, this rule is ‘‘non-major’’ The Chief Counsel did not file any small under the above definition, under the Congressional Review Act, 5 comments in response to the proposed business control affiliations must be U.S.C. 804(2). The Commission will rules in this proceeding. included. The Commission’s estimate send a copy of this Report & Order to Description and Estimate of the therefore likely overstates the number of Congress and the Government Number of Small Entities to Which small entities that might be affected by Accountability Office pursuant to 5 Rules Will Apply. The RFA directs its action, because the revenue figure on U.S.C. 801(a)(1)(A). agencies to provide a description of, and which it is based does not include or Final Regulatory Flexibility Act where feasible, an estimate of the aggregate revenues from affiliated Analysis. As required by the Regulatory number of small entities that may be companies. In addition, to be

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determined a ‘‘small business,’’ an qualify as small entities under the above from coverage of the rule, or any part entity may not be dominant in its field SBA small business size standard. thereof, for such small entities.’’ of operation. We further note that it is We note, however, that in assessing The Report and Order eliminates two difficult at times to assess these criteria whether a business concern qualifies as rules which prohibit the grant or in the context of media entities, and the ‘‘small’’ under the above definition, renewal of a license for an FM or TV estimate of small businesses to which business (control) affiliations must be station under extremely limited these rules may apply does not exclude included. Our estimate, therefore, likely circumstances. As a part of the any radio station from the definition of overstates the number of small entities Commission’s Media Modernization a small business on these basis; thus, that might be affected by our action, Initiative, the intent of eliminating these our estimate of small businesses may because the revenue figure on which it requirements is to reduce the costs of therefore be over-inclusive. Also, as is based does not include or aggregate compliance with the Commission’s noted above, an additional element of revenues from affiliated companies. In rules, including any related managerial, the definition of ‘‘small business’’ is that addition, another element of the administrative, legal, and operational the entity must be independently owned definition of ‘‘small business’’ requires costs. We anticipate that small entities, and operated. The Commission notes that an entity not be dominant in its as well as larger entities, will benefit that it is difficult at times to assess these field of operation. We are unable at this from this deletion. criteria in the context of media entities, time to define or quantify the criteria Report to Congress. The Commission and the estimates of small businesses to that would establish whether a specific will send a copy of the Report and which they apply may be over-inclusive television broadcast station is dominant Order, including this FRFA, in a report to this extent. in its field of operation. Accordingly, to be sent to Congress pursuant to the Television Broadcasting. This the estimate of small businesses to Congressional Review Act. In addition, Economic Census category ‘‘comprises which rules may apply does not exclude the Commission will send a copy of the establishments primarily engaged in any television station from the Report and Order, including this FRFA, broadcasting images together with definition of a small business on this to the Chief Counsel for Advocacy of the sound.’’ These establishments operate basis and is therefore possibly over- SBA. A copy of the Report and Order television broadcast studios and inclusive. Also, as noted above, an and FRFA (or summaries thereof) will facilities for the programming and additional element of the definition of also be published in the Federal transmission of programs to the public. ‘‘small business’’ is that the entity must Register. These establishments also produce or be independently owned and operated. Accordingly, it is ordered that, transmit visual programming to The Commission notes that it is difficult pursuant to the authority contained in affiliated broadcast television stations, at times to assess these criteria in the sections 1, 4(i), 4(j), 303(r), 307, and 309 which in turn broadcast the programs to context of media entities and its of the Communications Act of 1934, as the public on a predetermined schedule. estimates of small businesses to which amended, 47 U.S.C. 151, 154(i), 154(j), Programming may originate in their own they apply may be over-inclusive to this 303(r), 307, and 309, the Report and studio, from an affiliated network, or extent. Order is adopted. It is further ordered from external sources. The SBA has Description of Projected Reporting, that the Commission’s rules are hereby created the following small business Recordkeeping, and Other Compliance amended as set forth in Appendix A, size standard for such businesses: Those Requirements for Small Entities. This effective as of the date of publication of having $41.5 million or less in annual Report and Order eliminates two rules a summary in the Federal Register. It is receipts. The 2012 Economic Census which prohibit the grant or renewal of further ordered that the Commission’s reports that 751 firms in this category a license for an FM or TV station under Consumer and Governmental Affairs operated in that year. Of this number, extremely limited circumstances. Bureau, Reference Information Center, 656 had annual receipts of $25 million Accordingly, the Report and Order does shall send a copy of this Report and or less, 25 had annual receipts between not impose any new reporting, Order, including the Final Regulatory $24,999,999 and $50 million, and 70 recordkeeping, or other compliance Flexibility Analysis, to the Chief had annual receipts of $50 million or requirements for any small entities. Counsel for Advocacy of the Small more. Based on this data we therefore Elimination of these rules should reduce Business Administration. It is further estimate that the majority of commercial compliance requirements for FM radio ordered that the Commission will send television broadcasters are small entities and full power and Class A TV stations, a copy of the Report and Order in a under the applicable SBA size standard. as they are currently obligated to report to Congress and the Government The Commission has estimated the comply with these rules. Accountability Office pursuant to the number of licensed full power Steps Taken to Minimize the Congressional Review Act (CRA). It is commercial television stations to be Significant Economic Impact on Small further ordered that should no petitions 1,368. Of this total, 1,257 stations had Entities, and Significant Alternatives for reconsideration or petitions for revenues of $41.5 million or less, Considered. The RFA requires an judicial review be timely filed, MB according to Commission staff review of agency to describe any significant Docket No. 19–282 shall be terminated the BIA Kelsey Inc. Media Access Pro alternatives that it has considered in and its docket closed. Television Database (BIA) on January 8, developing its approach, which may 2018, and therefore these licensees include the following four alternatives List of Subjects in 47 CFR Part 73 (among others): ‘‘(1) The establishment qualify as small entities under the SBA Communications equipment, Radio, of differing compliance or reporting definition. In addition, the Commission Television. has estimated the number of licensed requirements or timetables that take into noncommercial educational (NCE) account the resources available to small Federal Communications Commission. television stations to be 390. These entities; (2) the clarification, Marlene Dortch, stations are non-profit, and therefore consolidation, or simplification of Secretary. considered to be small entities. compliance an reporting requirements There are also 386 Class A stations. under the rule for such small entities; Final Rules Given the nature of these services, we (3) the use of performance rather than For the reasons discussed in the will presume that all of these entities design standards; and (4) an exemption preamble, the Federal Communications

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Commission amends 47 CFR part 73 as PART 73—RADIO BROADCAST §§ 73.239 and 73.635 [Removed] follows: SERVICES ■ 2. Remove §§ 73.239 and 73.635. ■ 1. The authority citation for part 73 [FR Doc. 2020–17806 Filed 9–25–20; 8:45 am] continues to read as follows: BILLING CODE 6712–01–P Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.

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Proposed Rules Federal Register Vol. 85, No. 188

Monday, September 28, 2020

This section of the FEDERAL REGISTER (1) Federal eRulemaking Portal: Washington, DC 20585–0121. contains notices to the public of the proposed http://www.regulations.gov. Follow the Telephone: (202) 287–1943. Email: issuance of rules and regulations. The instructions for submitting comments. [email protected]. purpose of these notices is to give interested (2) Email: WICF2020TP0016@ Mr. Michael Kido, U.S. Department of persons an opportunity to participate in the ee.doe.gov. Include the docket number Energy, Office of the General Counsel, rule making prior to the adoption of the final GC–33, 1000 Independence Avenue SW, rules. EERE–2020–BT–TP–0016 or regulatory information number (‘‘RIN’’) 1904–AF02 Washington, DC 20585–0121. in the subject line of the message. Telephone: (202) 586–8145. Email: DEPARTMENT OF ENERGY (3) Postal Mail: Appliance and [email protected]. Equipment Standards Program, U.S. For further information on how to 10 CFR Part 431 Department of Energy, Building submit a comment, review other public Technologies Office, Mailstop EE–5B, comments and the docket, or participate [EERE–2020–BT–TP–0016] 1000 Independence Avenue SW, in a public meeting (if one is held), RIN 1904–AF02 Washington, DC 20585–0121. contact the Appliance and Equipment Telephone: (202) 287–1445. If possible, Standards Program staff at (202) 287– Energy Conservation Program: Test please submit all items on a compact 1445 or by email: Procedure for Walk-In Coolers and disc (‘‘CD’’), in which case it is not ApplianceStandardsQuestions@ Walk-In Freezers necessary to include printed copies. ee.doe.gov. AGENCY: Office of Energy Efficiency and (4) Hand Delivery/Courier: Appliance SUPPLEMENTARY INFORMATION: Renewable Energy, Department of and Equipment Standards Program, U.S. Department of Energy, Building I. Authority and Background Energy. A. Authority ACTION: Notice of proposed rulemaking Technologies Office, 950 L’Enfant Plaza B. Background and request for comment. SW, Suite 600, Washington, DC 20024. II. Synopsis of the Notice of Proposed Telephone: (202) 287–1445. If possible, Rulemaking SUMMARY: The U.S. Department of please submit all items on a CD, in III. Discussion Energy (‘‘DOE’’) proposes to amend the which case it is not necessary to include A. Scope of Applicability test procedures for walk-in freezers to printed copies. B. Revision of the Calculation of Defrost address an issue affecting hot gas No telefacsimilies (‘‘faxes’’) will be Energy and Heat Contribution for Hot defrost-equipped unit coolers (‘‘hot gas accepted. For detailed instructions on Gas Defrost Unit Coolers Tested Alone defrost unit coolers’’). DOE is proposing submitting comments and additional C. Test Procedure Costs, Harmonization, and Other Topics to amend the current test procedure information on the rulemaking process, 1. Test Procedure Costs and Impact regarding hot gas unit coolers consistent see section V of SUPPLEMENTARY 2. Harmonization With Industry Standards with an update to the industry standard INFORMATION. D. Compliance Date that is incorporated by reference in the Docket: The docket, which includes IV. Procedural Issues and Regulatory Review DOE test procedure for walk-in freezer Federal Register notices, public meeting A. Review Under Executive Order 12866 refrigeration systems. Given the attendee lists and transcripts (if a public B. Review Under Executive Orders 13771 upcoming energy conservation meeting is held), comments, and other and 13777 standards compliance date of July 10, supporting documents/materials, is C. Review Under the Regulatory Flexibility Act 2020, DOE is limiting the scope of this available for review at http:// D. Review Under the Paperwork Reduction proposed rulemaking to expediently www.regulations.gov. All documents in Act of 1995 address how to test a hot gas defrost the docket are listed in the http:// E. Review Under the National unit cooler. www.regulations.gov index. However, Environmental Policy Act of 1969 DATES: DOE will accept comments, data, some documents listed in the index, F. Review Under Executive Order 13132 and information regarding this proposal such as those containing information G. Review Under Executive Order 12988 no later than December 14, 2020. See that is exempt from public disclosure, H. Review Under the Unfunded Mandates section V, ‘‘Public Participation,’’ for may not be publicly available. Reform Act of 1995 I. Review Under the Treasury and General details. DOE will hold a webinar on The docket web page can be found at http://www.regulations.gov/ Government Appropriations Act, 1999 Friday, October 2, 2020, from 1:00 p.m. J. Review Under Executive Order 12630 to 4:00 p.m. See section V, ‘‘Public docket?D=EERE-2020-BT-TP-0016. The K. Review Under Treasury and General Participation,’’ for webinar registration docket web page contains instructions Government Appropriations Act, 2001 information, participant instructions, on how to access all documents, L. Review Under Executive Order 13211 and information about the capabilities including public comments, in the M. Review Under Section 32 of the Federal available to webinar participants. docket. See section V of SUPPLEMENTARY Energy Administration Act of 1974 V. Public Participation ADDRESSES: Interested persons are INFORMATION for information on how to A. Participation in the Webinar encouraged to submit comments using submit comments through http:// www.regulations.gov. B. Submission of Comments the Federal eRulemaking Portal at C. Issues on Which DOE Seeks Comment http://www.regulations.gov. Follow the FOR FURTHER INFORMATION CONTACT: VI. Approval of the Office of the Secretary instructions for submitting comments. Dr. Stephanie Johnson, U.S. Alternatively, interested persons may Department of Energy, Office of Energy I. Authority and Background submit comments, identified by docket Efficiency and Renewable Energy, Walk-in coolers and walk-in freezers number EERE–2020–BT–TP–0016, by Building Technologies Office, EE–5B, (‘‘WICFs’’ or ‘‘walk-ins’’) are included in any of the following methods: 1000 Independence Avenue SW, the list of ‘‘covered equipment’’ for

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which DOE is authorized to establish The Federal testing requirements Secretary determines that a test and amend energy conservation consist of test procedures that procedure amendment is warranted, the standards and test procedures. (42 manufacturers of covered equipment Secretary must publish proposed test U.S.C. 6311(1)(G)) DOE has established must use as the basis for: (1) Certifying procedures in the Federal Register, and test procedures and standards for the to DOE that their equipment complies afford interested persons an opportunity principal components that make up a with the applicable energy conservation (of not less than 45 days’ duration) to walk-in: Panels, doors, and refrigeration standards adopted pursuant to EPCA (42 present oral and written data, views, systems. See title 10 of the Code of U.S.C. 6316(a); 42 U.S.C. 6295(s)), and and arguments on the proposed test Federal Regulations (‘‘CFR’’) part 431 (2) making representations about the procedures. (42 U.S.C. 6314(b)) If DOE subpart R. Relevant to this document, efficiency of that equipment (42 U.S.C. determines that test procedure revisions DOE has established standards for walk- 6314(d)). Similarly, DOE uses these test are not appropriate, DOE must publish in freezer refrigeration systems as a procedures to determine whether the its determination not to amend the test component of walk-in freezers at 10 CFR equipment complies with relevant procedures. (42 U.S.C. 6314(a)(1)(A)(ii)) 431.306, and test procedures for walk-in standards promulgated under EPCA. (42 B. Background freezer refrigeration systems at 10 CFR U.S.C. 6316(a); 42 U.S.C. 6295(s)) 431.304(b)(4) and appendix C to subpart Federal energy efficiency On April 15, 2011, DOE published a R of part 431 (‘‘Appendix C’’). This requirements for covered equipment final rule to establish test procedures for notice of proposed rulemaking established under EPCA generally the principal components that make up (‘‘NOPR’’) specifically addresses the supersede State laws and regulations a walk-in: Panels, doors, and procedures in Appendix C relevant to concerning energy conservation testing, refrigeration systems. 76 FR 21580 hot gas defrost unit coolers. labeling, and standards. (42 U.S.C. (April 15, 2011). The test procedure for The following sections discuss DOE’s 6316(a) and (b); 42 U.S.C. 6297) DOE refrigeration systems at Appendix C authority generally to establish test may, however, grant waivers of Federal measures energy using the annual walk- procedures for walk-in coolers and preemption for particular State laws or in energy factor (‘‘AWEF’’) metric. walk-in freezers and relevant regulations, in accordance with the Appendix C, Sec. 1. AWEF represents background information regarding procedures and other provisions of the ratio of the total heat removed from DOE’s consideration of test procedures EPCA. (42 U.S.C. 6316(b)(2)(D)) a walk-in, in British thermal units for WICF refrigeration systems. Under 42 U.S.C. 6314, EPCA sets forth (‘‘Btu’’), during a one-year period of the criteria and procedures DOE must usage (not including the heat generated A. Authority follow when prescribing or amending by the operation of a refrigeration The Energy Policy and Conservation test procedures for covered equipment. system), to the total energy input of the Act, as amended (‘‘EPCA’’),1 Public Law EPCA requires that any test procedures refrigeration system, in watt-hours prescribed or amended under this 94–163 (Dec. 22, 1975), authorizes DOE (‘‘Wh’’), during the same period. section must be reasonably designed to to regulate the energy efficiency of a On May 13, 2014, DOE revised the number of consumer products and produce test results which reflect energy efficiency, energy use or estimated existing regulations for walk-ins to certain industrial equipment. (42 U.S.C. allow WICF refrigeration system 6291–6317) Title III, Part C of EPCA, annual operating cost of a given type of covered equipment during a manufacturers, once certain added by the National Energy qualifications are met, to use an Conservation Policy Act, Public Law representative average use cycle and requires that test procedures not be alternative efficiency determination 95–619, Title IV, section 441(a) (Nov. 9, method (‘‘AEDM’’) to determine the 1978), established the Energy unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) energy consumption of their products Conservation Program for Certain EPCA provides specific requirements through simulation or modeling. Industrial Equipment, which sets forth a for determining the R value for certain Manufacturers can use that simulation variety of provisions designed to walk-in components. (42 U.S.C. information to certify compliance and improve energy efficiency of various 6314(a)(9)(A)(i)–(iv)) In addition, EPCA report ratings. 79 FR 27388 (‘‘May 2014 types of industrial equipment. As required that DOE establish test Final Rule’’). amended by the Energy Independence procedures to measure walk-in energy- The May 2014 Final Rule also and Security Act of 2007, Public Law use. (42 U.S.C. 6314(a)(9)(B)(i)) introduced different approaches for 110–140 (Dec. 19, 2007), this equipment In addition, if DOE determines that a testing refrigeration systems, includes walk-ins, the subject of this test procedure amendment is warranted, accommodating testing not just of document. (42 U.S.C. 6311(1)(G)) it must publish proposed test complete systems, but also The energy conservation program procedures and offer the public an accommodating the individual under EPCA consists essentially of four opportunity to present oral and written components of split systems to be tested parts: (1) Testing, (2) labeling, (3) comments on them. (42 U.S.C. 6314(b)) separately. 79 FR 27388, 27398. A split- Federal energy conservation standards, EPCA also requires that, at least once system refrigeration system consists of and (4) certification and enforcement every 7 years, DOE evaluate test two separate components: A unit procedures. Relevant provisions of procedures for each type of covered cooler 2 that is installed inside a walk- EPCA include definitions (42 U.S.C. equipment, including walk-ins, to in enclosure, and a condensing unit,3 6311), test procedures (42 U.S.C. 6314), determine whether amended test labeling provisions (42 U.S.C. 6315), procedures would more accurately or 2 A unit cooler is defined as an assembly, energy conservation standards (42 fully comply with the requirements for including means for forced air circulation and U.S.C. 6313), and the authority to elements by which heat is transferred from air to the test procedures to not be unduly refrigerant, thus cooling the air, without any require information and reports from burdensome to conduct and be element external to the cooler imposing air manufacturers (42 U.S.C. 6316). reasonably designed to produce test resistance. (10 CFR 431.302) results that reflect energy efficiency, 3 A condensing unit, for the purposes of DOE 1 All references to EPCA in this document refer walk-in refrigeration system testing, is an assembly to the statute as amended through America’s Water energy use, and estimated operating that (1) includes 1 or more compressors, a Infrastructure Act of 2018, Public Law 115–270 costs during a representative average condenser, and one refrigeration circuit; and (2) is (Oct. 23, 2018). use cycle. (42 U.S.C. 6314(a)(1)) If the Continued

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which is installed outside the enclosure, during the compressor on-cycle. DOE Up until the December 2016 Final either inside a building in which the notes that, in contrast with the default Rule, the walk-in test procedure had walk-in is constructed, or outdoors. The values for electric defrost, which are included a method for calculating amendments finalized in the May 2014 required for use only when testing defrost energy and defrost heat load of Final Rule accommodate testing of the condensing units, the hot gas defrost hot gas defrost refrigeration systems. See entire ‘‘matched pair’’ refrigeration nominal values were to be used for any 79 FR 27388, 27413 (incorporating as system (i.e., a condensing unit and unit system using hot gas defrost (see part of the May 2014 Final Rule a cooler together), the condensing unit § 431.303(c)(10)(xii) as finalized in the method for calculating defrost energy alone, or the unit cooler alone. When May 2014 Final Rule for unit coolers and heat load for hot gas defrost testing an individual component alone, and complete refrigeration systems (e.g., systems). The method DOE established the energy use attributed to the other matched pairs) and see relied on certain default values for system component is represented by a § 431.303(c)(12)(ii) as finalized in the calculating hot gas defrost energy and default value or using a default May 2014 Final Rule for condensing heat load, and separate default values performance characteristic. Specifically, units). 79 FR 27388, 27413–27414.5 The for calculating electric defrost energy when testing a unit cooler alone, the application of the hot gas defrost use and heat load, for testing condensing unit energy use is nominal values was established for all refrigeration systems. 79 FR 27388, determined using the representative system configurations because an 27401. As discussed above, the electric energy efficiency ratio (‘‘EER’’) specified appropriate test method to accurately defrost energy use and heat load values for the appropriate adjusted dew point measure hot gas defrost that would not were required for testing of condensing temperature in Table 17 of AHRI 1250– be unduly burdensome to conduct had units only, whereas the hot gas defrost 2009. Energy use of the unit cooler’s not been developed. 79 FR 27388, values were required for testing of any components, i.e., its evaporator fan(s) 27401. As such, energy use and heat refrigeration system configuration. The and its electric defrost heater (for units load default values were established for default values for calculating hot gas that use electric defrost), is directly both hot gas unit coolers and defrost energy and heat load established measured during the test. Conversely, condensing units tested alone that use in the May 2014 Final Rule were much when testing a condensing unit alone, hot gas defrost. lower than the default values the compressor and condenser fan established for calculating energy use energy are directly measured, while the DOE most recently amended the test and heat load for electric defrost; thus, energy use of the components of the procedures for the performance use of these values represented a ‘‘hot unit cooler are represented by default requirements for walk-in refrigeration gas defrost credit.’’ Id. Given that this values. The test procedure provides system components (e.g., refrigeration ‘‘hot gas defrost credit’’ in the test default values for the evaporator fans, systems such as unit coolers), in a final procedure resulted in more favorable and, for low-temperature refrigeration rule published on December 28, 2016. AWEF results for systems using hot gas systems, the energy use and heat load 81 FR 95758 (‘‘December 2016 Final defrost (in comparison to using electric associated with defrost.4 Appendix C, Rule’’). That rule adopted a series of defrost, all else being equal), the use of Sections 3.4.2 through 3.4.5. The default amendments to provisions affecting hot gas defrost was subsequently defrost energy and heat values are based certain walk-in refrigeration systems, considered as a design option in the on representative energy use of electric including product-specific definitions, June 3, 2014 energy conservation defrost, by far the most common form of removal of a performance credit for hot standard rulemaking, which set new defrost. Electric defrost consists of gas defrost, and a method to performance standards for walk-in electric resistance heaters built into the accommodate refrigeration equipment refrigeration systems. 79 FR 32050. As evaporator coil and the unit cooler drain that use adaptive defrost and on-cycle a result, DOE’s analysis indicated that pan that are energized occasionally variable-speed evaporator fan control. manufacturers would need to use hot during the day to warm the coil and See id. These amendments had their gas defrost technology for most of the melt the frost. initial origins as part of a negotiated WICF refrigeration system equipment Additionally, the May 2014 Final rulemaking effort held under the classes in order to comply with the new Rule established a method for Appliance Standards and Rulemaking standards.7 determination of AWEF for refrigeration Federal Advisory Committee As discussed in the December 2016 systems with ‘‘hot gas’’ defrost, using (‘‘ASRAC’’). See 80 FR 46521 (August 5, Final Rule, simply eliminating the hot nominal values to represent the energy 2015) (establishing a WICF Working gas defrost energy and heat load values use and heat load of this method. 79 FR Group under ASRAC).6 The removal of by reducing these values to zero would 27388, 27401. Rather than using electric the hot gas defrost credit was part of the not eliminate the hot gas defrost credit, resistance coils embedded in the Working Group’s test procedure-related but rather would magnify the relative evaporator for defrosting, hot gas defrost recommendations. See Docket No. benefit given to hot gas defrost units by uses refrigerant to transfer heat from EERE–2015–BT–STD–0016, No. 56 at p. removing from the calculation any ambient air outside the walk-in, the 2 (ASRAC Term Sheet, energy use associated with defrost for compressor, and/or a thermal storage Recommendation No. 3—elimination of component that stores heat generated the ‘‘hot gas defrost credit’’ in the walk- 7 In the energy conservation standard final rule in test procedure). See also 81 FR 95758, published on June 3, 2014, DOE set standards at Trial Standard Level (‘‘TSL’’) 2. 79 FR 32050, designed to serve one refrigerated load. (10 CFR 95761 (discussing ASRAC 32116. The analysis showed that this TSL would 431.302) recommendations). generally require use of hot gas defrost. For 4 Defrost is required to remove frost from the example, for equipment class DC.L.O (low- evaporator coils of refrigeration systems, which temperature outdoor dedicated condensing unit) at 5 collects during the refrigeration system on-cycle as These requirements were later removed in a test 9,000 Btu/h nominal capacity, TSL 2 represented water vapor in the air freezes onto the cold procedure final rule published on December 28, efficiency level (‘‘EL’’) 11. See Table V.2, 79 FR evaporator surfaces. Defrost capability is required 2016. 81 FR 95758, 95774–95777. 32050, 32099. EL 11 represented the maximum- for freezers, but is optional for coolers, since the 6 Working Group for Certain Equipment Classes of technology (‘‘Max-tech’’) level in the analysis, surrounding walk-in interior temperature is above Refrigeration Systems of Walk-in Coolers and which relied on hot gas defrost, as shown in Table freezing temperature and thus can melt the frost Freezers to Negotiate a Notice of Proposed 5A.5.42 of the Technical Support Document. between on-cycles in many walk-in cooler Rulemaking for Energy Conservation Standards (Docket Number EERE–2008–BT–STD–0015, No. applications. (‘‘Working Group’’). 0131 at p. 5A–57)

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such units. 81 FR 95758, 95774. Tables 15 and 16 of the test standard to unit coolers, consistent with the intent Comments provided by stakeholders add requirements for liquid inlet discussed above to establish equivalent recommended revising the test saturation temperature), 3.3.1 (which test results for hot gas defrost and procedure such that the test results for clarifies the suction test conditions electric defrost for all walk-in hot gas defrost systems would be listed in AHRI 1250–2009 that apply to refrigeration systems. equivalent to those of electric defrost the DOE test procedure and also Relatedly, DOE also published a final systems. 81 FR 95758, 95774–95775. clarifies which instructions contained in rule on July 10, 2017, that adopted DOE considered a variety of options for AHRI 1250–2009 are to be used for energy conservation standards for establishing efficiency representations calculating AWEF), 3.3.3 (which WICFs recommended by the Working of refrigeration systems with hot gas modifies the minimum evaporator fan Group. 82 FR 31808 (‘‘July 2017 Final defrost comparable to those with duty cycle or speed to be used in the Rule’’).10 The analysis supporting the electric defrost, including calculations for compressor off-cycle development of these standards recommendations from stakeholder periods), and 3.3.7 (which specifies considered only electric defrost walk-in comments. Such representations would operating variable-speed evaporator fans refrigeration systems consistent with the generally overestimate the energy use of at full speed during compressor on- Working Group’s Term Sheet hot gas defrost systems, since hot gas cycle periods in calculations to recommendation to remove the hot gas defrost is generally less energy-intensive demonstrate compliance with DOE defrost credit. For the condensing unit than electric defrost.8 Further, unlike standards) of Appendix C. analysis, DOE relied on the default electric defrost systems—for which the As discussed, the DOE test procedure values for electric defrost found in the energy use of the dedicated electric delineates between WICF refrigeration test procedure as the defrost energy and resistance heaters can be easily systems that are condensing units and heat load contributions. The analysis for measured—an appropriate test method those that are unit coolers. See e.g., 3.5.1 unit coolers used defrost heater wattage to determine the energy use of hot gas and 3.5.2 of Appendix C.9 The DOE test levels for specific unit cooler models defrost that is not unduly burdensome procedure also provides specific considered to be representative and had not (and still has not) been provisions for testing condensing units defrost heater activation times agreed to developed. and unit coolers with hot gas defrost. by the Working Group.11 The approach that DOE adopted in Sections 3.5, 3.5.1, and 3.5.2 of The compliance date for the standards the December 2016 Final Rule was to Appendix C. In general, hot gas defrost established in the July 2017 Final Rule assign to hot gas defrost unit coolers the condensing units tested alone are tested is July 10, 2020. 82 FR 31808. same default values for electric defrost in the same manner as electric defrost As noted elsewhere in this document, heat and energy use calculations that dedicated condensing units that are not the issues addressed in this proposal the test procedure assigns to dedicated matched for testing and are not treated were addressed as part of DOE’s prior condensing units that are not matched as single-package dedicated systems as negotiated rulemaking efforts to amend with a unit cooler for testing (i.e., tested specified in section 3.4 of Appendix C the test procedure for this equipment alone). 81 FR 95758, 95776. As (after removing hot gas defrost and are narrowly focused on a specific described in the final rule, the intent mechanical components and range of equipment. Because efforts to was that the use of a hot gas defrost disconnecting all such components form address this issue through rulemaking feature would not affect the measured electrical power). Section 3.5 and 3.5.1 were already in progress at the time efficiency either positively or of Appendix C. In general, hot gas DOE’s revised Process Rule provisions negatively. In that aspect, the test defrost unit coolers are similarly tested were published, see 85 FR 8626 procedure for units with hot gas defrost with the hot gas defrost mechanical (February 14, 2020), DOE will apply would be essentially the same as the test components removed and disconnected those provisions moving forward (i.e., procedure for units with electric defrost. from electrical power. Section 5.5 of rather than reinitiating the entire 81 FR 95758, 95776. The approach Appendix C. However, for hot gas rulemaking process on this issue). adopted in the December 2016 Final defrost unit coolers, the test However, DOE welcomes comment, Rule remains the current test method for requirements deviate from those information, and data bearing on the addressing hot gas defrost. prescribed for electric defrost unit issues that would be raised in an early In general, the current DOE test coolers. Specifically, the defrost tests assessment for walk-in refrigeration procedure requires testing of WICF described in sections 3.3.4 and 3.3.5 of systems. Further, while DOE’s analysis refrigeration systems to be conducted Appendix C are not conducted. Section indicates the need to make the changes pursuant to the industry standard, Air 3.5.2 of Appendix C. Instead, default being proposed, to the extent that Conditioning, Heating, and Refrigeration defrost energy and heat contributions interested parties believe that the Institute (‘‘AHRI’’) Standard 1250–2009 are calculated and applied as specified amendments contained in this proposal (‘‘AHRI 1250–2009’’). Section 3.0 of in sections 3.4.2.4 and 3.4.2.5 of are unnecessary, DOE welcomes Appendix C. For testing unit coolers, Appendix C. Section 3.5.2 of Appendix comment—along with supporting the DOE test procedure also provides a C. This approach assigns electric defrost number of clarifications and energy and heat load to the AWEF 10 The July 2017 Final Rule established standards modifications to AHRI 1250–2009 as calculation for both hot gas defrost for six classes of refrigeration systems for which the prior standards had been vacated by a controlling specified in 3.1.5 (which modifies condensing units and hot gas defrost court order issued on August 10, 2015, under a settlement agreement reached in Lennox Int’l v. 8 See, e.g., Docket EERE–2015–BT–STD–0016, No. 9 A unit cooler is defined as an assembly, Dep’t of Energy, Case No. 14–60535 (5th Cir.). 82 0007 at p. 15, which compares hot gas defrost including means for forced air circulation and FR 31808, 31817. thermal load and energy contributions measured in elements by which heat is transferred from air to 11 The defrost heater activation times were laboratory testing compared with the electric refrigerant, thus cooling the air, without any discussed during the September 30, 2015 Working defrost default values and the hot gas defrost element external to the cooler imposing air Group meeting. The data discussed addressing this default values. As discussed, the hot gas defrost resistance. 10 CFR 431.302. A condensing unit, for issue is in the meeting presentation, specifically thermal load and energy contribution values had the purposes of DOE walk-in refrigeration system page 29. (EERE–2015–BT–STD–0016, No. 0007 at been adopted in the walk-in refrigeration system testing, is an assembly that (1) includes 1 or more pp. 27–32) The Working Group agreed with the test procedures in the May 2014 Final Rule (79 FR compressors, a condenser, and one refrigeration defrost activation times. (Working Group Meeting 27388) and were eliminated in the December 2016 circuit; and (2) is designed to serve one refrigerated Transcript, EERE–2015–BT–STD–0016, No. 0067 at Final Rule (81 FR 95758). load. Id. pp. 147–153).

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reasons and data—regarding that view consumption of walk-in coolers and equations C46 through C49, which address as well. walk-in freezers’’ as follows: electric defrost energy use for dedicated condensing units tested alone).12 II. Synopsis of the Notice of Proposed Amend section 3.5.2 of Appendix C of the Rulemaking current test procedure for evaluating defrost DOE’s proposed actions are energy and heat contribution for hot gas summarized in Table II.1 and compared In this NOPR, DOE proposes to defrost unit cooler tests by incorporating to the current test procedure. Table II.1 update 10 CFR 431.304, ‘‘Uniform test equations consistent with Section C10.2.2 of also includes the reason for the method for the measurement of energy Appendix C of AHRI 1250–2020 (including proposed change.

TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE

Current DOE test procedure Proposed test procedure Reason

Defrost energy and heat contribution for hot gas defrost Revise defrost energy and heat contribution values for Industry TP Update. unit cooler are determined based on the calculation for hot gas defrost unit coolers to be consistent with the electric defrost for dedicated condensing units that are electric defrost energy use and heat contributions in not matched for testing. section C10.2.2 in Appendix C of AHRI 1250–2020.

DOE has tentatively determined that condensing refrigeration system (as Table 1 below compares hypothetical the proposed amendments described in defined in 10 CFR 431.302); or (2) A best-case AWEF values (assuming the section III of this NOPR would better unit cooler. unit cooler fans draw zero power, an evaluate the measured efficiency of the This NOPR addresses the test impossible situation) and AWEF values walk-in refrigeration system equipment procedure only for hot gas defrost unit assuming representative fan wattages using hot gas defrost identified in this coolers. DOE has initially determined calculated for unit coolers of different proposal, and that the proposed test that for hot gas defrost unit coolers, the gross capacity levels 13 using the method procedures would not add any burden current DOE test procedure provides prescribed in Appendix C of the current to conduct. Discussion of DOE’s results that are not essentially the same test procedure using the defrost energy proposed actions are addressed in detail as the test procedure for units with and heat load values in the current test in section III of this NOPR. electric defrost as intended in the procedure—these are the same values as III. Discussion December 2016 Final Rule. As a result, used to represent electric defrost energy it would not be possible for certain hot and heat values for determination of The following subsections describe gas defrost unit coolers to comply with AWEF for condensing units tested the scope and details of the proposed the energy conservation standards set to alone. The zero-fan-watt AWEF levels rulemaking changes discussed in this take effect on July 10, 2020. are higher than would be achieved by NOPR. max-tech unit coolers, since the B. Revision of the Calculation of Defrost A. Scope of Applicability calculations were done assuming that Energy and Heat Contribution for Hot the unit cooler fans consume zero This rulemaking applies specifically Gas Defrost Unit Coolers Tested Alone energy for illustrative purposes. to low temperature hot gas defrost walk- in unit coolers tested alone. DOE was informed by manufacturers The hypothetical AWEF values were DOE defines a ‘‘walk-in cooler and and AHRI in 2019 that the test method calculated as follows. Energy walk-in freezer’’ as an enclosed storage for addressing hot gas defrost unit contributions included in the AWEF space refrigerated to temperatures, coolers does not provide results calculation for this case include the respectively, above, and at or below 32 appropriately comparable with the compressor energy and the defrost degrees Fahrenheit that can be walked results obtained under the method energy. The compressor energy is into, and has a total chilled storage area prescribed for electric defrost unit calculated as the unit cooler gross of less than 3,000 square feet (excluding coolers, and likely are not appropriately capacity, divided by a compressor products designed and marketed comparable for determining compliance system EER prescribed in Table 17 of exclusively for medical, scientific, or with the energy conservation standards. AHRI 1250–2009 for low-temperature research purposes). 10 CFR 431.302. As a result, hot gas defrost unit coolers unit coolers (i.e., EER = 6.7) multiplied DOE defines a ‘‘unit cooler’’ as an above a certain capacity will likely not by a load factor representing percentage assembly, including means for forced air be able to comply with the energy compressor run time. The load factor is circulation and elements by which heat conservation standards for which equal to walk-in enclosure thermal load is transferred from air to refrigerant, compliance is required beginning July plus the average per-hour defrost heat thus cooling the air, without any 10, 2020. contribution divided by the unit cooler’s element external to the cooler imposing As discussed in section I.B, hot gas net capacity. In this calculation, higher air resistance. A unit cooler is a defrost provides efficiency benefits defrost energy and heat load both refrigeration system, which DOE defines compared with electric defrost by using reduce AWEF; a higher AWEF value as the mechanism (including all refrigerant to transfer heat from the indicates more efficient performance. controls and other components integral walk-in exterior, the compressor, and/or The calculations indicate that, for unit to the system’s operation) used to create a thermal storage component that stores coolers above a certain capacity—even the refrigerated environment in the heat generated during the compressor for the hypothetical impossible zero-fan- interior of a walk-in cooler or walk-in on-cycle as opposed to using electric watt scenario, using the default defrost freezer, consisting of: (1) A dedicated resistance coils for defrosting. energy and heat load values results in a

12 DOE slightly modified equation C49 by 13 Gross capacity is the cooling delivered by the the fans (i.e., fan input power in Watts converted removing division by 1.0 to simplify the equation. refrigerant passing through the unit cooler to heat in Btu/h by multiplying by 3.412) used to This change does not affect the result. evaporator. Net capacity or cooling effect is less circulate air through the unit cooler. than this value by an amount equal to the heat of

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measured AWEF lower than the low- standard for which compliance will be temperature unit cooler minimum required on July 10, 2020.

TABLE 1—HOT GAS DEFROST UNIT COOLER AWEF

AWEF 1 (Btu/W-h) Gross capacity Minimum Assuming fan power 2 (Btu/h) Assuming zero AWEF standard fan power correlations of AHRI 1250–2020, (Btu/W-h) equation 173 in section 7.9.3.3 1

10,000 ...... 5.08 4.30 4.07 17,500 ...... 4.65 4.15 4.15 50,000 ...... 4.49 3.83 4.15 100,000 ...... 4.21 3.51 4.15 114,300 ...... 4.15 3.45 4.15 150,000 ...... 4.03 3.35 4.15 200,000 ...... 3.91 3.23 4.15 1 These correlations, representative of freezer unit cooler evaporator fan power, are used in the test method prescribed in AHRI 1250–2020 for freezer condensing units tested alone. 2 Unit Cooler—Low, 10 CFR 431.306(e).

As mentioned, the DOE test procedure 2020’’) that revised the values for hour contributions rather than daily determines the AWEF of hot gas defrost electric defrost energy use and heat contributions, they can be converted to unit coolers by using the default electric contributions to apply when testing daily contributions (by multiplying by defrost energy use and heat load values condensing units that are tested alone 24) for comparison with the current from the test procedure provisions (see section C10.2.2 in Appendix C of DOE test procedure values. As applicable to condensing units tested AHRI 1250–2020). In part, AHRI based expressed in daily values, the values alone. Appendix C Sections 3.5.2, the update on testing a sample of unit based on AHRI 1250–2020 are 3.4.2.4, and 3.4.2.5. In April 2020, AHRI coolers having electric defrost. Although significantly lower than the values in published an updated version of its the updated values specified in AHRI the current DOE test procedure, as AHRI 1250 test standard (‘‘AHRI 1250– 1250–2020 are expressed as average per- indicated in Table 2.

TABLE 2—COMPARISON OF UNIT COOLER DEFAULT ELECTRIC DEFROST ENERGY AND HEAT LOAD BETWEEN CURRENT DOE TEST PROCEDURE AND AHRI 1250–2020

Daily defrost energy use, DF Daily defrost heat load, QDF Gross capacity (Wh) (Btu) (Btu/h) Current DOE test AHRI Current DOE test AHRI 1250– procedure * 1250–2020 procedure * 2020

10,000 ...... 4,088 2,400 13,300 7,800 50,000 ...... 31,600 10,400 102,300 33,600 100,000 ...... 76,100 18,000 247,000 58,500 150,000 ...... 128,00 27,000 413,000 87,600 200,000 ...... 184,000 36,000 595,000 117,000 * See Appendix C, Sections 3.4.2.4 and 3.4.2.5. Applicable for hot gas defrost unit coolers as required in Appendix C, Section 3.5.2.

DOE notes that the AHRI 1250–2020 that of an otherwise similar electric development of the DOE test procedure revisions also include correlations for defrost unit cooler, regardless of gross (i.e., the AHRI sample included unit the energy use and heat load associated capacity. The default electric defrost coolers with capacities greater than with hot gas defrost. These values were energy and heat values in the DOE test 18,000 Btu/h). DOE has initially based on testing of units with hot gas procedure were validated based on determined that, because of the more defrost. However, DOE is proposing to testing with unit coolers of a more robust sample, the AHRI 1250–2020 use the correlations developed for limited range of capacity than the values provide the best available electric defrost rather than hot gas sample tested by AHRI. DOE testing to representation of electric defrost energy defrost, to achieve consistency between evaluate the electric defrost correlations consumption associated with unit ratings of hot gas and electric defrost is summarized in the Sept. 30/Oct. 1, cooler defrost and thus are more unit coolers, as intended by the 2015 Working Group presentation appropriate to use to provide December 2016 Final Rule. (Docket EERE–2015–BT–STD–0016, No. DOE has initially determined that the 0007 at p. 31), which reports testing of equivalence between performance equations in AHRI 1250–2020 section refrigeration systems with measured representations between hot gas defrost C10.2.2 provide better representation of gross capacity up to 18,100 Btu/h. The and electric defrost unit coolers. Hence, electric defrost energy use and heat load default electric defrost energy and heat DOE is proposing to revise its test than those in the current DOE test values provided in AHRI 1250–2020 procedure for hot gas defrost low- procedure in Appendix C, sections were based on a test program measuring temperature unit coolers to use the 3.4.2.4 and 3.4.2.5 and hence would performance of a range of capacities of AHRI 1250–2020 equations to provide provide better equivalence of a hot gas unit coolers that included unit coolers more equivalent test results between unit cooler’s performance rating with of higher capacity than tested by DOE in

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electric and hot gas defrost unit through rulemaking to ensure that the B. Review Under Executive Orders coolers.14 test procedure being adopted satisfies 13771 and 13777 The proposed revisions would be these criteria. Id. made to the test procedure for walk-in On January 30, 2017, the President DOE is proposing to adopt the method issued E.O. 13771, ‘‘Reducing freezer refrigeration systems prescribed for determining the energy use by DOE in Appendix C. If made final, Regulation and Controlling Regulatory attributable to hot gas defrost in unit Costs.’’ See 82 FR 9339 (Feb. 3, 2017). the proposal would add section 3.5.3 coolers as detailed in AHRI 1250–2020, specifically for hot gas defrost unit E.O. 13771 stated the policy of the which is the updated version of the executive branch is to be prudent and coolers, which relies on the defrost industry test procedure generally energy and heat equations from AHRI financially responsible in the incorporated by reference in Appendix expenditure of funds, from both public 1250–2020. C. To address the determination of DOE requests comment on its and private sources. E.O. 13771 stated it AWEF for hot gas defrost unit coolers as proposal to revise the test procedure for is essential to manage the costs discussed in this NOPR, DOE is hot gas defrost unit coolers by revising associated with the governmental focusing this proposal on updating the the equations used to calculate energy imposition of private expenditures Federal test procedure consistent with and heat contributions for defrost required to comply with Federal AHRI 1250–2020 only in this context. consistent with those specified in AHRI regulations. DOE may undertake a separate 1250–2020 in Section C10.2.2 of Additionally, on February 24, 2017, evaluation of whether amendments to Appendix C for electric defrost. the President issued E.O. 13777, the WICF test procedure are necessary ‘‘Enforcing the Regulatory Reform C. Test Procedure Costs, Harmonization, more generally, and would as part of Agenda.’’ 82 FR 12285 (March 1, 2017). and Other Topics that evaluation consider whether the E.O. 13777 required the head of each 1. Test Procedure Costs and Impact existing reference to AHRI 1250 should agency designate an agency official as be updated to the 2020 version. EPCA requires that test procedures its Regulatory Reform Officer (‘‘RRO’’). proposed by DOE not be unduly D. Compliance Date Each RRO oversees the implementation of regulatory reform initiatives and burdensome to conduct. In this NOPR, EPCA prescribes that, if DOE amends DOE proposes to amend the existing test policies to ensure that agencies a test procedure, all representations of effectively carry out regulatory reforms, procedure for walk-in freezers by energy efficiency and energy use, revising the calculations used to consistent with applicable law. Further, including those made on marketing determine representations for hot gas E.O. 13777 requires the establishment of materials and product labels, must be defrost unit coolers when tested alone. a regulatory task force at each agency. made in accordance with that amended If finalized, this test procedure would The regulatory task force is required to test procedure, beginning 180 days after impact only WICF refrigeration systems make recommendations to the agency publication of such a test procedure that are hot gas defrost unit coolers. head regarding the repeal, replacement, final rule in the Federal Register. (42 DOE has tentatively determined that the or modification of existing regulations, U.S.C. 6314(d)(1)) Manufacturers do, proposed amendment would not add consistent with applicable law. At a however, have the option to use the any burden to manufacturers to conduct minimum, each regulatory reform task amended test procedure prior to that the test procedure for this equipment force must attempt to identify time. since the proposal would require only a regulations that: mathematical change to the measured If DOE were to publish an amended (i) Eliminate jobs, or inhibit job results and would not require any test procedure, EPCA provides an creation; additional testing or re-testing on the allowance for individual manufacturers (ii) Are outdated, unnecessary, or part of manufacturers. to petition DOE for an extension of the ineffective; 180-day period if the manufacturer may (iii) Impose costs that exceed benefits; 2. Harmonization With Industry experience undue hardship in meeting Standards (iv) Create a serious inconsistency or the deadline. (42 U.S.C. 6314(d)(2)) To otherwise interfere with regulatory DOE’s established practice is to adopt receive such an extension, petitions reform initiatives and policies; relevant industry standards as DOE test must be filed with DOE no later than 60 (v) Are inconsistent with the procedures unless such methodology days before the end of the 180-day requirements of the Information Quality would be unduly burdensome to period and must detail how the Act, or the guidance issued pursuant to conduct or would not produce test manufacturer will experience undue that Act, in particular those regulations results that reflect the energy efficiency, hardship. (Id.) that rely in whole or in part on data, energy use, water use (as specified in IV. Procedural Issues and Regulatory information, or methods that are not EPCA) or estimated operating costs of Review publicly available or that are that product during a representative insufficiently transparent to meet the average use cycle. 10 CFR 431.4; 10 CFR A. Review Under Executive Order 12866 standard for reproducibility; or part 430, subpart C, appendix A, section The Office of Management and Budget (vi) Derive from or implement 8(c). In cases where the industry (‘‘OMB’’) has determined that this test Executive Orders or other Presidential standard does not meet the relevant procedure rulemakings does not directives that have been subsequently statutory criteria, DOE will make constitute a ‘‘significant regulatory rescinded or substantially modified. needed modifications to these standards action’’ under section 3(f) of Executive DOE initially concludes that this rulemaking is consistent with the 14 DOE has not identified an analogous issue with Order (‘‘E.O.’’) 12866, Regulatory the use of hot gas defrost default values when Planning and Review, 58 FR 51735 (Oct. directives set forth in these executive testing condensing units tested alone that use hot 4, 1993). Accordingly, this action was orders. This proposed rule is estimated gas defrost. The condensing unit test procedure not subject to review under the to have no cost impact. Therefore, if provisions require use of the same defrost default finalized as proposed, this rule is values that were used to develop the energy Executive Order by the Office of conservation standards for which compliance is Information and Regulatory Affairs expected to be an E.O. 13771 other required on July 10, 2020. (‘‘OIRA’’) in OMB. action.

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C. Review Under the Regulatory number 1910–1400. Public reporting examined this proposed rule and has Flexibility Act burden for the certification is estimated determined that it would not have a The Regulatory Flexibility Act (5 to average 35 hours per response, substantial direct effect on the States, on U.S.C. 601 et seq.) requires preparation including the time for reviewing the relationship between the national of an initial regulatory flexibility instructions, searching existing data government and the States, or on the analysis (‘‘IRFA’’) for any rule that by sources, gathering and maintaining the distribution of power and law must be proposed for public data needed, and completing and responsibilities among the various levels of government. EPCA governs and comment, unless the agency certifies reviewing the collection of information. Notwithstanding any other provision prescribes Federal preemption of State that the rule, if promulgated, will not of the law, no person is required to regulations as to energy conservation for have a significant economic impact on respond to, nor shall any person be the equipment that are the subject of a substantial number of small entities. subject to a penalty for failure to comply this proposed rule. States can petition As required by Executive Order 13272, with, a collection of information subject DOE for exemption from such ‘‘Proper Consideration of Small Entities to the requirements of the PRA, unless preemption to the extent, and based on in Agency Rulemaking,’’ 67 FR 53461 that collection of information displays a criteria, set forth in EPCA. (42 U.S.C. (August 16, 2002), DOE published currently valid OMB Control Number. 6297(d)) No further action is required by procedures and policies on February 19, The amendment proposed in this Executive Order 13132. 2003, to ensure that the potential NOPR, if made final would not impact impacts of its rules on small entities are the reporting burden for manufacturers G. Review Under Executive Order 12988 properly considered during the DOE of WICFs. Regarding the review of existing rulemaking process. 68 FR 7990. DOE regulations and the promulgation of E. Review Under the National has made its procedures and policies new regulations, section 3(a) of Environmental Policy Act of 1969 available on the Office of the General Executive Order 12988, ‘‘Civil Justice Counsel’s website: http://energy.gov/gc/ DOE is analyzing this proposed Reform,’’ 61 FR 4729 (Feb. 7, 1996), office-general-counsel. regulation in accordance with the imposes on Federal agencies the general The proposed change to the test National Environmental Policy Act of duty to adhere to the following procedure would have no cost impact. 1969 (‘‘NEPA’’) and DOE’s NEPA requirements: (1) Eliminate drafting As discussed, the proposed rule, if implementing regulations (10 CFR part errors and ambiguity, (2) write finalized, would require use of a 1021). DOE’s regulations include a regulations to minimize litigation, (3) different calculation to determine the categorical exclusion for rulemakings provide a clear legal standard for AWEF for hot gas defrost unit coolers. interpreting or amending an existing affected conduct rather than a general The proposed amendment would not rule or regulation that does not change standard, and (4) promote simplification require additional testing or retesting. the environmental effect of the rule or and burden reduction. Section 3(b) of Therefore, DOE initially concludes regulation being amended. 10 CFR part Executive Order 12988 specifically that the impacts of the proposed test 1021, subpart D, Appendix A5. DOE requires that Executive agencies make procedure amendments would not have anticipates that this rulemaking every reasonable effort to ensure that the a ‘‘significant economic impact on a qualifies for categorical exclusion A5 regulation (1) clearly specifies the substantial number of small entities,’’ because it is an interpretive rulemaking preemptive effect, if any, (2) clearly and that the preparation of an IRFA is that does not change the environmental specifies any effect on existing Federal not warranted. DOE will transmit the effect of the rule and otherwise meets law or regulation, (3) provides a clear certification and supporting statement the requirements for application of a legal standard for affected conduct of factual basis to the Chief Counsel for categorical exclusion. See 10 CFR while promoting simplification and Advocacy of the Small Business 1021.410. DOE will complete its NEPA burden reduction, (4) specifies the Administration for review under 5 review before issuing the final rule. retroactive effect, if any, (5) adequately U.S.C. 605(b). defines key terms, and (6) addresses F. Review Under Executive Order 13132 other important issues affecting clarity D. Review Under the Paperwork Executive Order 13132, ‘‘Federalism,’’ Reduction Act of 1995 and general draftsmanship under any 64 FR 43255 (Aug. 4, 1999) imposes guidelines issued by the Attorney Manufacturers of WICFs must certify certain requirements on agencies General. Section 3(c) of Executive Order to DOE that their products comply with formulating and implementing policies 12988 requires Executive agencies to any applicable energy conservation or regulations that preempt State law or review regulations in light of applicable standards. To certify compliance, that have Federalism implications. The standards in sections 3(a) and 3(b) to manufacturers must first obtain test data Executive Order requires agencies to determine whether they are met or it is for their products according to the DOE examine the constitutional and statutory unreasonable to meet one or more of test procedures, including any authority supporting any action that them. DOE has completed the required amendments adopted for those test would limit the policymaking discretion review and determined that, to the procedures. DOE has established of the States and to carefully assess the extent permitted by law, the proposed regulations for the certification and necessity for such actions. The rule meets the relevant standards of recordkeeping requirements for all Executive Order also requires agencies Executive Order 12988. covered consumer products and to have an accountable process to commercial equipment, including walk- ensure meaningful and timely input by H. Review Under the Unfunded in coolers and freezers. (See generally State and local officials in the Mandates Reform Act of 1995 10 CFR part 429.) The collection-of- development of regulatory policies that Title II of the Unfunded Mandates information requirement for the have Federalism implications. On Reform Act of 1995 (‘‘UMRA’’) requires certification and recordkeeping is March 14, 2000, DOE published a each Federal agency to assess the effects subject to review and approval by OMB statement of policy describing the of Federal regulatory actions on State, under the Paperwork Reduction Act intergovernmental consultation process local, and Tribal governments and the (‘‘PRA’’). This requirement has been it will follow in the development of private sector. Public Law 104–4, sec. approved by OMB under OMB control such regulations. 65 FR 13735. DOE has 201 (codified at 2 U.S.C. 1531). For a

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proposed regulatory action likely to Act, 2001 (44 U.S.C. 3516 note) provides proposed rule authorizes or requires use result in a rule that may cause the for agencies to review most of commercial standards, the notice of expenditure by State, local, and Tribal disseminations of information to the proposed rulemaking must inform the governments, in the aggregate, or by the public under guidelines established by public of the use and background of private sector of $100 million or more each agency pursuant to general such standards. In addition, section in any one year (adjusted annually for guidelines issued by OMB. OMB’s 32(c) requires DOE to consult with the inflation), section 202 of UMRA requires guidelines were published at 67 FR Attorney General and the Chairman of a Federal agency to publish a written 8452 (Feb. 22, 2002), and DOE’s the Federal Trade Commission (‘‘FTC’’) statement that estimates the resulting guidelines were published at 67 FR concerning the impact of the costs, benefits, and other effects on the 62446 (Oct. 7, 2002). DOE has reviewed commercial or industry standards on national economy. (2 U.S.C. 1532(a), (b)) this proposed rule under the OMB and competition. The UMRA also requires a Federal DOE guidelines and has concluded that agency to develop an effective process it is consistent with applicable policies V. Public Participation to permit timely input by elected in those guidelines. A. Participation in the Webinar officers of State, local, and Tribal L. Review Under Executive Order 13211 The time and date for the webinar are governments on a proposed ‘‘significant listed in the DATES section at the intergovernmental mandate,’’ and Executive Order 13211, ‘‘Actions beginning of this document. Webinar requires an agency plan for giving notice Concerning Regulations That registration information, participant and opportunity for timely input to Significantly Affect Energy Supply, potentially affected small governments Distribution, or Use,’’ 66 FR 28355 (May instructions, and information about the before establishing any requirements 22, 2001), requires Federal agencies to capabilities available to webinar that might significantly or uniquely prepare and submit to OMB, a participants will be published on DOE’s Statement of Energy Effects for any website: https://www1.eere.energy.gov/ affect small governments. On March 18, _ 1997, DOE published a statement of proposed significant energy action. A buildings/appliance standards/ policy on its process for ‘‘significant energy action’’ is defined as standards.aspx? intergovernmental consultation under any action by an agency that productid=56&action=viewlive. UMRA. 62 FR 12820; also available at promulgated or is expected to lead to Participants are responsible for ensuring http://energy.gov/gc/office-general- promulgation of a final rule, and that (1) their systems are compatible with the counsel. DOE examined this proposed is a significant regulatory action under webinar software. rule according to UMRA and its Executive Order 12866, or any successor B. Submission of Comments order; and (2) is likely to have a statement of policy and determined that DOE will accept comments, data, and the rule contains neither an significant adverse effect on the supply, distribution, or use of energy; or (3) is information regarding this proposed intergovernmental mandate, nor a rule no later than the date provided in mandate that may result in the designated by the Administrator of the DATES section at the beginning of expenditure of $100 million or more in OIRA as a significant energy action. For any proposed significant energy action, this proposed rule. Interested parties any year, so these requirements do not may submit comments using any of the apply. the agency must give a detailed statement of any adverse effects on methods described in the ADDRESSES I. Review Under the Treasury and energy supply, distribution, or use section at the beginning of this General Government Appropriations should the proposal be implemented, document. Act, 1999 and of reasonable alternatives to the Submitting comments via http:// Section 654 of the Treasury and action and their expected benefits on www.regulations.gov. The http:// General Government Appropriations energy supply, distribution, and use. www.regulations.gov web page will Act, 1999 (Pub. L. 105–277) requires The proposed regulatory action to require you to provide your name and Federal agencies to issue a Family amend the test procedure for measuring contact information. Your contact Policymaking Assessment for any rule the energy efficiency of walk-in coolers information will be viewable to DOE that may affect family well-being. This and freezers is not a significant Building Technologies staff only. Your proposed rule would not have any regulatory action under Executive Order contact information will not be publicly impact on the autonomy or integrity of 12866. Moreover, it would not have a viewable except for your first and last the family as an institution. significant adverse effect on the supply, names, organization name (if any), and Accordingly, DOE has concluded that it distribution, or use of energy, nor has it submitter representative name (if any). is not necessary to prepare a Family been designated as a significant energy If your comment is not processed Policymaking Assessment. action by the Administrator of OIRA. properly because of technical Therefore, it is not a significant energy difficulties, DOE will use this J. Review Under Executive Order 12630 action, and, accordingly, DOE has not information to contact you. If DOE DOE has determined, under Executive prepared a Statement of Energy Effects. cannot read your comment due to Order 12630, ‘‘Governmental Actions technical difficulties and cannot contact M. Review Under Section 32 of the and Interference with Constitutionally you for clarification, DOE may not be Federal Energy Administration Act of Protected Property Rights’’ 53 FR 8859 able to consider your comment. 1974 (March 18, 1988), that this proposed However, your contact information regulation would not result in any Under section 301 of the Department will be publicly viewable if you include takings that might require compensation of Energy Organization Act (Pub. L. 95– it in the comment or in any documents under the Fifth Amendment to the U.S. 91; 42 U.S.C. 7101), DOE must comply attached to your comment. Any Constitution. with section 32 of the Federal Energy information that you do not want to be Administration Act of 1974, as amended publicly viewable should not be K. Review Under Treasury and General by the Federal Energy Administration included in your comment, nor in any Government Appropriations Act, 2001 Authorization Act of 1977. (15 U.S.C. document attached to your comment. Section 515 of the Treasury and 788; ‘‘FEAA’’) Section 32 essentially Persons viewing comments will see only General Government Appropriations provides in relevant part that, where a first and last names, organization

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names, correspondence containing Campaign form letters. Please submit Signing Authority comments, and any documents campaign form letters by the originating This document of the Department of submitted with the comments. organization in batches of between 50 to Energy was signed on August 31, 2020, Do not submit to http:// 500 form letters per PDF or as one form by Alexander N. Fitzsimmons, Deputy www.regulations.gov information for letter with a list of supporters’ names Assistant Secretary for Energy which disclosure is restricted by statute, compiled into one or more PDFs. This Efficiency, Energy Efficiency and such as trade secrets and commercial or reduces comment processing and Renewable Energy, pursuant to financial information (hereinafter posting time. delegated authority from the Secretary referred to as Confidential Business Confidential Business Information. of Energy. That document with the Information (‘‘CBI’’)). Comments Pursuant to 10 CFR 1004.11, any person original signature and date is submitted through http:// submitting information that he or she maintained by DOE. For administrative www.regulations.gov cannot be claimed believes to be confidential and exempt purposes only, and in compliance with as CBI. Comments received through the by law from public disclosure should requirements of the Office of the Federal website will waive any CBI claims for submit via email, postal mail, or hand Register, the undersigned DOE Federal the information submitted. For delivery/courier two well-marked Register Liaison Officer has been information on submitting CBI, see the copies: One copy of the document authorized to sign and submit the Confidential Business Information marked confidential including all the document in electronic format for section. information believed to be confidential, publication, as an official document of DOE processes submissions made and one copy of the document marked the Department of Energy. This through http://www.regulations.gov non-confidential with the information administrative process in no way alters before posting. Normally, comments believed to be confidential deleted. the legal effect of this document upon will be posted within a few days of Submit these documents via email or on publication in the Federal Register. being submitted. However, if large a CD, if feasible. DOE will make its own Signed in Washington, DC, on August 31, volumes of comments are being determination about the confidential 2020. processed simultaneously, your status of the information and treat it Treena V. Garrett, comment may not be viewable for up to according to its determination. several weeks. Please keep the comment Federal Register Liaison Officer, U.S. It is DOE’s policy that all comments Department of Energy. tracking number that http:// may be included in the public docket, www.regulations.gov provides after you without change and as received, For the reasons stated in the have successfully uploaded your including any personal information preamble, DOE is proposing to amend comment. provided in the comments (except part 431 of Chapter II of Title 10, Code Submitting comments via email, hand information deemed to be exempt from of Federal Regulations as set forth delivery/courier, or postal mail. public disclosure). below: Comments and documents submitted PART 431—ENERGY CONSERVATION via email, hand delivery/courier, or C. Issues on Which DOE Seeks PROGRAM FOR CERTAIN postal mail also will be posted to http:// Comment COMMERCIAL AND INDUSTRIAL www.regulations.gov. If you do not want Although DOE welcomes comments EQUIPMENT your personal contact information to be on any aspect of this proposal, DOE is publicly viewable, do not include it in particularly interested in receiving ■ 1. The authority citation for part 431 your comment or any accompanying comments and views of interested continues to read as follows: documents. Instead, provide your parties concerning the following issues: contact information on a cover letter. Authority: 42 U.S.C. 6291–6317; 28 U.S.C. (1) DOE requests comment on its 2461 note. Include your first and last names, email proposal to revise the test procedure for address, telephone number, and hot gas defrost unit coolers by revising ■ 2. Appendix C to subpart R of part 431 optional mailing address. The cover the equations used to calculate energy is amended by revising section 3.5.2 and letter will not be publicly viewable as and heat contributions for defrost adding new section 3.5.3 to read as long as it does not include any consistent with those specified for follows: comments electric defrost in in Section C10.2.2 of Appendix C to Subpart R of Part 431— Include contact information each time Appendix C of AHRI 1250–2020. If such Uniform Test Method for the you submit comments, data, documents, revision is not appropriate, DOE Measurement of Net Capacity and and other information to DOE. If you requests information and data that AWEF of Walk-In Cooler and Walk-In submit via postal mail or hand delivery/ would inform development of a more Freezer Refrigeration Systems courier, please provide all items on a suitable set of equations to represent CD, if feasible, in which case it is not defrost to allow equivalent ratings for * * * * * necessary to submit printed copies. No 3.5.2 Hot Gas Defrost Matched Systems hot gas and electric defrost unit coolers. and Single-package Dedicated Systems: Test faxes will be accepted. VI. Approval of the Office of the these units as described in section 3.3 of this Comments, data, and other Secretary appendix for electric defrost matched information submitted to DOE systems and single-package dedicated electronically should be provided in The Secretary of Energy has approved systems, but do not conduct defrost tests as PDF (preferred), Microsoft Word or publication of this proposed rule. described in sections 3.3.4 and 3.3.5 of this Excel, WordPerfect, or text (ASCII) file appendix. Calculate daily defrost energy use List of Subjects in 10 CFR Part 431 format. Provide documents that are not as described in section 3.4.2.4 of this secured, written in English and free of Administrative practice and appendix. Calculate daily defrost heat contribution as described in section 3.4.2.5 of any defects or viruses. Documents procedure, Confidential business this appendix. should not contain special characters or information, Energy conservation test 3.5.3 Hot Gas Defrost Unit Coolers Tested any form of encryption and, if possible, procedures, Incorporation by reference, Alone: Test these units as described in they should carry the electronic and Reporting and recordkeeping section 3.3 of this appendix for electric signature of the author. requirements. defrost unit coolers tested alone, but do not

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conduct defrost tests as described in sections average defrost heat load Q˙ DF, expressed in 3.3.4 and 3.3.5 of this appendix. Calculate Btu/h, as follows:

If Qgross '.S 25,000 Btu/h:

• • Nnp Qvp=0.195 · Q gross · -24

IfQgross > 25,000Btu/h and Qgross :S 70,000 Btu/h:

Q. _ Q' . [ Q 195 _ 0.049 (Qgross-25,000)]. Nnp DF - gross · 45,000 24

If Qgross > 70,000 Btu/h:

QDF 0.146 . Q . Nnp = gross 24 Where:

Qgross is the measured gross capacity in Btu/h at the Suction A condition; and

NDF is the number of defrosts per day, equal to 4.

Calculate average defrost power input D°F, expressed in Watts, as follows:

v·F == <2vF 0.95 X3.412 Where:

Q0 F is the average defrost heat load in Btu/h

[FR Doc. 2020–19565 Filed 9–25–20; 8:45 am] information (‘‘RFI’’), DOE seeks data number EERE–2020–BT–TP–0032, by BILLING CODE 6450–01–P and information that could enable the any of the following methods: agency to determine whether to amend 1. Federal eRulemaking Portal: http:// its current test procedure as well as www.regulations.gov. Follow the DEPARTMENT OF ENERGY comment on the availability of instructions for submitting comments. consensus-based test procedures for 2. Email: to Pumps2020TP0032@ 10 CFR Part 431 measuring the energy use of commercial ee.doe.gov. Include docket number [EERE–2020–BT–TP–0032] and industrial pumps that could be EERE–2020–BT–TP–0032 in the subject adopted with or without modification. line of the message. RIN 1904–AE53 DOE welcomes written comments from 3. Postal Mail: Appliance and the public on any subject within the Equipment Standards Program, U.S. Energy Conservation Program: Test scope of this document (including Department of Energy, Building Procedures for Certain Commercial topics not raised in this RFI), as well as Technologies Office, Mailstop EE–5B, and Industrial Equipment; Early the submission of data and other 1000 Independence Avenue SW, Assessment Review; Pumps relevant information concerning this Washington, DC 20585–0121. AGENCY: Office of Energy Efficiency and early assessment review. Telephone: (202) 287–1445. If possible, Renewable Energy, Department of DATES: Written comments and please submit all items on a compact Energy. information will be accepted on or disc (‘‘CD’’), in which case it is not before December 14, 2020. ACTION: Request for information. necessary to include printed copies. ADDRESSES: Interested persons are 4. Hand Delivery/Courier: Appliance SUMMARY: The U.S. Department of encouraged to submit comments using and Equipment Standards Program, U.S. Energy (‘‘DOE’’) is undertaking an early the Federal eRulemaking Portal at Department of Energy, Building assessment review to determine whether http://www.regulations.gov. Follow the Technologies Office, 950 L’Enfant Plaza to proceed with a rulemaking to amend instructions for submitting comments. SW, Suite 600, Washington, DC 20024. the test procedure for commercial and Alternatively, interested persons may Telephone: (202) 287–1445. If possible, industrial pumps. This request for submit comments, identified by docket please submit all items on a CD, in

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which case it is not necessary to include focused analysis of a specific set of facts A. Authority printed copies. or circumstances that would allow DOE The Energy Policy and Conservation No telefacsimiles (‘‘faxes’’) will be to determine that, based on statutory Act, as amended (‘‘EPCA’’),1 among accepted. For detailed instructions on criteria, an amended test procedure is other things, authorizes DOE to regulate submitting comments and additional not warranted. The purpose of this the energy efficiency of a number of information on this process, see section review is to limit the resources, from consumer products and certain III of this document (Submission of both DOE and stakeholders, committed Comments). industrial equipment. (42 U.S.C. 6291– to rulemakings that will not satisfy the 6317) Title III, Part C 2 of EPCA, added Docket: The docket for this activity, requirements in EPCA that an amended which includes Federal Register by Public Law 95–619, Title IV, § 441(a) test procedure more accurately or fully (42 U.S.C. 6311–6317 as codified), notices, comments, and other comply with the requirement that the supporting documents/materials, is established the Energy Conservation test procedure produces results that Program for Certain Industrial available for review at http:// measure energy use during a www.regulations.gov. All documents in Equipment, which sets forth a variety of representative average use cycle for provisions designed to improve energy the docket are listed in the http:// equipment, and not be unduly www.regulations.gov index. However, efficiency. This equipment includes burdensome to conduct. See 85 FR commercial and industrial pumps some documents listed in the index, 8626, 8653–8654 (Feb. 14, 2020). such as those containing information (‘‘pumps’’), the subject of this RFI. (42 that is exempt from public disclosure, As part of the early assessment, DOE U.S.C. 6311(1)(A)) may not be publicly available. publishes an RFI in the Federal Under EPCA, DOE’s energy The docket web page can be found at Register, announcing that DOE is conservation program consists http://www.regulations.gov/ initiating a rulemaking proceeding and essentially of four parts: (1) Testing, (2) docket?D=EERE-2020-BT-TP-0032. The soliciting comments, data, and labeling, (3) Federal energy conservation docket web page contains instructions information on whether an amended standards, and (4) certification and on how to access all documents, test procedure would more accurately enforcement procedures. Relevant including public comments, in the measure energy use during a provisions of EPCA include definitions docket. See section III for information representative average use cycle or (42 U.S.C. 6311), test procedures (42 on how to submit comments through reduce testing burden. Based on the U.S.C. 6314), labeling provisions (42 http://www.regulations.gov. information received in response to the U.S.C. 6315), energy conservation FOR FURTHER INFORMATION CONTACT: Mr. RFI and DOE’s own analysis, DOE will standards (42 U.S.C. 6313), and the Jeremy Dommu, U.S. Department of determine whether to proceed with a authority to require information and Energy, Office of Energy Efficiency and rulemaking for an amended test reports from manufacturers (42 U.S.C. Renewable Energy, Building procedure. 6316; 42 U.S.C. 6296). Technologies Office, EE–5B, 1000 If DOE makes an initial determination Federal energy efficiency Independence Avenue SW, Washington, based upon available evidence that an requirements for covered equipment DC 20585–0121. Telephone: (202) 586– amended test procedure would not meet established under EPCA generally 9870. Email: the applicable statutory criteria, DOE supersede State laws and regulations concerning energy conservation testing, ApplianceStandardsQuestions@ would engage in notice and comment labeling, and standards. (42 U.S.C. ee.doe.gov. rulemaking before issuing a final 6316(a) and (b); 42 U.S.C. 6297) DOE Mr. Michael Kido, U.S. Department of determination that an amended test may, however, grant waivers of Federal Energy, Office of the General Counsel, procedure is not warranted. If DOE preemption for particular State laws or GC–33, 1000 Independence Avenue SW, reaches such a determination, the Washington, DC 20585–0121. regulations, in accordance with the rulemaking would be concluded, which Telephone: 202–586–8145. Email: procedures and other provisions of would satisfy the Department’s 7-year- [email protected]. EPCA. (42 U.S.C. 6316(a); 42 U.S.C. lookback test procedure review For further information on how to 6297(d)) requirement under the statute (as submit a comment or review other EPCA also requires that, at least once discussed in section I.A of this public comments and the docket, every 7 years, DOE evaluate test document). contact the Appliance and Equipment procedures for each type of covered Standards Program staff at (202) 287– Conversely, if DOE makes an initial equipment, including pumps, to 1445 or by email: determination that an amended test determine whether amended test ApplianceStandardsQuestions@ procedure would satisfy the applicable procedures would more accurately or ee.doe.gov. statutory criteria, including that fully comply with the requirements for SUPPLEMENTARY INFORMATION: adoption of a consensus-based test the test procedures to not be unduly procedure as the DOE test procedure burdensome to conduct and be Table of Contents would more accurately or fully comply reasonably designed to produce test I. Introduction with statutory requirements, or DOE’s results that reflect energy efficiency, A. Authority analysis is inconclusive, DOE would energy use, and estimated operating B. Rulemaking History undertake the preliminary stages of a costs during a representative average II. Request for Information rulemaking to issue an amended test use cycle. (42 U.S.C. 6314(a)(1)) DOE is A. Energy Use Measurements procedure. Beginning such a publishing this RFI to collect data and B. Representative Average Use Cycle rulemaking, however, would not information to inform its decision, in C. Test Burden Reductions preclude DOE from later making a D. Consensus-Based Test Procedures III. Submission of Comments determination that an amended test 1 All references to EPCA in this document refer procedure would not satisfy the to the statute as amended through America’s Water I. Introduction requirements in EPCA, based upon the Infrastructure Act of 2018, Public Law 115–270 full suite of DOE’s analyses. Id. at 85 FR (October 23, 2018). DOE established an early assessment 2 For editorial reasons, upon codification in the review process to conduct a more 8654. U.S. Code, Part C was redesignated Part A–1.

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order to satisfy the 7-year review not specifically be identified in this are used in a variety of situations where requirement. document. there is a need to move liquids from one location to another. As currently B. Rulemaking History A. Energy Use Measurements defined, a pump is a type of equipment DOE’s test procedure for measuring DOE’s current test procedure for designed to move liquids (including pump energy efficiency was established pumps can be found at 10 CFR part 431, entrained gases, free solids, and totally in a final rule published on January 25, subpart Y, appendix A, ‘‘Uniform Test dissolved solids) by physical or 2016. 81 FR 4086 (‘‘January 2016 Final Method for the Measurement of Energy mechanical action. It includes both the Rule’’).3 The January 2016 Final Rule Consumption of Pumps’’ (‘‘Appendix bare pump itself and the mechanical established definitions for the term A’’). It measures energy use by equipment, driver, and controls that a pump, certain pump components, and determining the constant load pump manufacturer includes with the bare several categories and configurations of energy index (‘‘PEICL’’)—used for pump at the time of sale. See 10 CFR pumps. The procedure incorporates by pumps sold without continuous or non- 431.462. DOE seeks comment on what reference the Hydraulic Institute (‘‘HI’’) continuous controls—and the variable constitutes a representative average use Standard 40.6–2014, ‘‘Methods for load pump energy index (‘‘PEIVL’’)— cycle for pumps. Rotodynamic Pump Efficiency Testing’’ used for pumps sold with continuous or (‘‘HI 40.6–2014’’), with several non-continuous controls. 10 CFR C. Test Burden Reductions modifications related to measuring the 431.464(a)(2). The PEICL and PEIVL In the January 2016 Final Rule, DOE hydraulic power, shaft power, and metrics both describe the weighted estimated a cost of $2.9 million to the electric input power of pumps, average performance of the rated pump industry to test pump basic models in inclusive of electric motors and any at specific load points (i.e., pump energy accordance with the test procedure continuous or non-continuous controls.4 rating, or ‘‘PER’’), normalized with adopted in the Final Rule. 81 FR 4368 respect to the performance of a (January 26, 2016).5 This estimate II. Request for Information minimally compliant pump without included setup, testing, and takedown, DOE is publishing this RFI to collect controls (‘‘PERSTD’’). The PER represents with the final industry cost calculation data and information during the early an average of driver power input to the assuming two tests per basic model. assessment review to inform its motor at three load points (for pumps DOE’s test procedure for pumps allows decision, consistent with its obligations sold without continuous or non- manufacturers the option of rating under EPCA, as to whether the continuous controls) or an average of pumps sold with single-phase motors as Department should proceed with a test driver power input to the continuous or bare pumps (using a calculation-based procedure rulemaking. Accordingly, in non-continuous controls at four load method) or as pumps with motors using the following sections, DOE has points (for pumps sold with such the testing-based methods.6 DOE’s identified specific issues on which it controls). calculations of testing costs assumed seeks input to aid its analysis of The test procedure contains methods that the majority of pump basic models whether an amended test procedure for to determine the appropriate index for would be certified based on the bare pumps would more accurately or fully all equipment to which this test pump configuration and subsequent comply with the requirement that the procedure applies either by (a) ratings for the same bare pump sold test procedure produce results that measuring the bare pump shaft input with any number of applicable motors measure energy use during a power and calculating efficiency, or and continuous controls could be representative average use cycle for the losses, of the motor and any continuous generated using the calculation-based equipment, and not be unduly control (i.e., calculation-based method) approach. DOE seeks comment on burdensome to conduct. In particular, or (b) measuring the input power to the whether any modifications to the test DOE is interested in: (1) Any driver, or motor, and any continuous or procedure could reduce these costs information indicating that there has not non-continuous controls for a given while still allowing for accurate been sufficient technological or other pump directly (i.e., testing-based determinations of energy use during a changes since DOE last conducted a test method). See 10 CFR part 431, subpart representative average use cycle. procedure rulemaking analysis for Y, appendix A, Table 1. The test D. Consensus-Based Test Procedures pumps to suggest an amended test procedure also prescribes the specific procedure could satisfy these criteria; or categories and configurations of pumps The current DOE test procedure for (2) whether adopting a consensus-based to which the calculation-based and pumps generally incorporates by test procedure, without modification, as testing-based methods apply. Id. DOE reference HI 40.6–2014, with minor the DOE test procedure would more seeks comment on whether existing test modifications to ensure repeatable and accurately or fully comply with the procedure requirements (e.g., reproducible test results and additional statutory requirement. DOE also measurement equipment, test provisions related to measuring the welcomes comments on other issues conditions, data collection, specific hydraulic power, shaft power, and relevant to its early assessment that may testing-based and calculation-based approaches) accurately measure energy 5 See Final Rule ‘‘Technical Support Document: 3 Energy Efficiency Program for Consumer Products On March 23, 2016, DOE published a correction use without adding undue burden to the to the January 2016 Final Rule to correct the and Commercial and Industrial Equipment: placement of the product-specific enforcement test procedure. DOE is particularly Pumps’’, Section 12.4.9, ‘‘Compliance, Certification provisions related to pumps under 10 CFR interested in whether changes in and Enforcement Testing Expense’’, December 429.134(h). 81 FR 15426. equipment testing methodology or new 2015. EERE–2011–BT–STD–0031. 6 4 A ‘‘continuous control’’ is a control that adjusts equipment on the market since the test In the case of the calculation-based method, the speed of the pump driver continuously over the only the bare pump performance is physically driver operating speed range in response to procedure was established may measured—the performance of the motor and any incremental changes in the required pump flow, necessitate amending the procedure. continuous or non-continuous controls would be head, or power output. A ‘‘non-continuous control’’ addressed through a series of calculations. In the is a control that adjusts the speed of a driver to one B. Representative Average Use Cycle case of the testing-based method, the input power of a discrete number of non-continuous preset The current DOE test procedure for to the pump at the motor or at the continuous or operating speeds, and does not respond to non-continuous control, if any, is directly measured incremental reductions in the required pump flow, pumps measures energy use during a and used to calculate PEICL or PEIVL. 81 FR 4127– head, or power output. 10 CFR 431.462. representative average use cycle. Pumps 4131 (January 25, 2016).

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electric input power of pumps, their driven applications—Energy contact information. Your contact inclusive of electric motors and any efficiency indicators for power drive information will be viewable to DOE continuous or non-continuous controls, systems and motor starters’’ (‘‘IEC Building Technologies staff only. Your which are not included in HI 40.6–2014. 61800–9–2:2017’’), which addresses test contact information will not be publicly DOE seeks comment on the availability methods and reference losses for motor viewable except for your first and last of consensus-based test procedures for and controls combinations (i.e., ‘‘power names, organization name (if any), and measuring the energy use of pumps that drive systems’’). Specifically, Annex A submitter representative name (if any). could be adopted without modification of IEC 61800–9–2:2017 describes If your comment is not processed and more accurately or fully comply reference losses for complete drive properly because of technical with the requirement that the test modules (i.e., controls) and power drive difficulties, DOE will use this procedure produce results that measure systems at different operating points, information to contact you. If DOE energy use during a representative comparable to the approach already cannot read your comment due to average use cycle for the equipment, presented in section VII.E.1.2 of technical difficulties and cannot contact and not be unduly burdensome to appendix A to subpart Y of part 431. A you for clarification, DOE may not be conduct. With respect to consensus- second edition of this standard is able to consider your comment. based test procedures, DOE describes projected to be published in November However, your contact information recent developments in this area since 2021 to address further the test method will be publicly viewable if you include the publication of the January 2016 and evaluate the reference losses based it in the comment or in any documents Final Rule below. on test results.7 attached to your comment. Any DOE requests comments on the information that you do not want to be a. HI Standard 40.6 approach presented in Annex A of IEC publicly viewable should not be As stated, DOE’s test procedure for 61800–9–2:2017 to represent reference included in your comment, nor in any pumps generally incorporates HI 40.6– losses for complete drive modules (i.e., document attached to your comment. 2014. Since publication of the January controls) and power drive systems (i.e., Persons viewing comments will see only 2016 Final Rule, the Hydraulics motor and controls combinations) and first and last names, organization Institute updated HI 40.6–2014 with the on whether DOE should incorporate by names, correspondence containing publication of HI Standard 40.6–2016, reference this approach in lieu of the comments, and any documents ‘‘Methods for Rotodynamic Pump calculations in section VII of Appendix submitted with the comments. Efficiency Testing’’ (‘‘HI 40.6–2016’’). A, or if any considerations for updates Do not submit to http:// This update aligned the definitions and should be postponed until the second www.regulations.gov information for procedures specified in HI Standard edition of IEC 61800–9–2 is published. which disclosure is restricted by statute, 40.6 with the DOE test procedure for such as trade secrets and commercial or pumps. c. Adoption of Other Consensus-Based financial information (hereinafter DOE requests comments on the Test Procedures referred to as Confidential Business updated standard HI 40.6–2016 and on DOE requests comment on whether Information (‘‘CBI’’)). Comments whether DOE should incorporate HI another consensus-based test procedure submitted through http:// 40.6–2016 by reference as the DOE test could be adopted, with or without www.regulations.gov cannot be claimed procedure for pumps. Specifically, DOE modification, and meet the criteria in as CBI. Comments received through the requests information on whether the EPCA related to representativeness and website will waive any CBI claims for updates in HI 40.6–2016 impact the test burden. If so, DOE requests the information submitted. For measured values, and if so, to what comment on the benefits and burdens of information on submitting CBI, see the extent. DOE also requests information adopting any such industry/voluntary Confidential Business Information on the impact of the updates in HI 40.6– consensus-based or other appropriate section. 2016 to the test burden and the test procedure, with or without DOE processes submissions made representativeness of the test results. modification. through http://www.regulations.gov before posting. Normally, comments III. Submission of Comments b. IEC 61800–9–2:2017 (Adjustable will be posted within a few days of Speed Electrical Power Drive Systems) DOE invites all interested parties to being submitted. However, if large While DOE’s test procedure for submit in writing by December 14, 2020, volumes of comments are being pumps incorporates by reference HI comments and information on matters processed simultaneously, your 40.6–2014, as noted previously, DOE addressed in this notice and on other comment may not be viewable for up to also includes additional provisions matters relevant to DOE’s early several weeks. Please keep the comment related to measuring the hydraulic assessment of whether amendments to tracking number that http:// power, shaft power, and electric input the test procedure for pumps would www.regulations.gov provides after you power of pumps, inclusive of electric more accurately or fully comply with have successfully uploaded your motors and any continuous or non- the requirement that the test procedure comment. continuous controls—these provisions produces results that measure energy Submitting comments via email, hand are not included in HI 40.6–2014, and use during a representative average use delivery/courier, or postal mail. at the time of finalization of DOE’s test cycle for the equipment, and not be Comments and documents submitted procedure, similar provisions were not unduly burdensome to conduct. via email, hand delivery/courier, or available in any other industry test Submitting comments via http:// postal mail also will be posted to http:// standard. Since publication of the www.regulations.gov. The http:// www.regulations.gov. If you do not want January 2016 Final Rule, the www.regulations.gov web page will your personal contact information to be International Electrotechnical require you to provide your name and publicly viewable, do not include it in Commission (‘‘IEC’’) published standard your comment or any accompanying IEC 61800–9–2:2017 ‘‘Adjustable speed 7 Electric Motors Systems Annex (EMSA). (March documents. Instead, provide your 2019) Round Robin of Converter Losses, Report of electrical power drive systems—Part 9– Results of Phase 1. Available at: https:// contact information on a cover letter. 2: Ecodesign for power drive systems, www.motorsystems.org/files/otherfiles/0000/0206/ Include your first and last names, email motor starters, power electronics and RR_C_report_phase_1_final_1_d_20190322.pdf. address, telephone number, and

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optional mailing address. The cover list to receive future notices and review of orders pursuant to the prompt letter will not be publicly viewable as information about this process should corrective action provisions of the long as it does not include any contact Appliance and Equipment Federal Deposit Insurance Act to make comments. Standards Program staff at (202) 287– it clear that such rules apply to all Include contact information each time 1445 or via email at insured depository institutions for you submit comments, data, documents, ApplianceStandardsQuestions@ which the FDIC is the appropriate and other information to DOE. If you ee.doe.gov. Federal banking agency. submit via postal mail or hand delivery/ Signing Authority DATES: Comments must be received on courier, please provide all items on a or before October 28, 2020. CD, if feasible. It is not necessary to This document of the Department of ADDRESSES: You may submit comments, submit printed copies. Faxes will not be Energy was signed on September 22, identified by RIN 3064–AF38, by any of accepted. 2020, by Alexander N. Fitzsimmons, Comments, data, and other the following methods: Deputy Assistant Secretary for Energy • FDIC Website: https:// information submitted to DOE Efficiency Energy, Efficiency and www.fdic.gov/regulations/laws/federal/. electronically should be provided in Renewable Energy, pursuant to Follow instructions for submitting PDF (preferred), Microsoft Word or delegated authority from the Secretary Excel, WordPerfect, or text (ASCII) file comments on the agency website. of Energy. That document with the • Email: [email protected]. Include format. Provide documents that are not original signature and date is RIN 3064–AF38 on the subject line of secured, written in English and free of maintained by DOE. For administrative any defects or viruses. Documents the message. purposes only, and in compliance with • Mail: Robert E. Feldman, Executive should not contain special characters or requirements of the Office of the Federal Secretary, Attention: Comments, Federal any form of encryption and, if possible, Register, the undersigned DOE Federal Deposit Insurance Corporation, 550 17th they should carry the electronic Register Liaison Officer has been Street NW, Washington, DC 20429. signature of the author. authorized to sign and submit the • Campaign form letters. Please submit Hand Delivery to FDIC: Comments document in electronic format for may be hand-delivered to the guard campaign form letters by the originating publication, as an official document of organization in batches of between 50 to station at the rear of the 550 17th Street the Department of Energy. This NW building (located on F Street) on 500 form letters per PDF or as one form administrative process in no way alters letter with a list of supporters’ names business days between 7 a.m. and 5 p.m. the legal effect of this document upon • Federal eRulemaking Portal: http:// compiled into one or more PDFs. This publication in the Federal Register. reduces comment processing and www.regulations.gov. Follow the posting time. Signed in Washington, DC, on September instructions for submitting comments. Confidential Business Information. 22, 2020. Please include your name, affiliation, Pursuant to 10 CFR 1004.11, any person Treena V. Garrett, address, email address, and telephone submitting information that he or she Federal Register Liaison Officer, U.S. number(s) in your comment. All believes to be confidential and exempt Department of Energy. statements received, including by law from public disclosure should [FR Doc. 2020–21276 Filed 9–25–20; 8:45 am] attachments and other supporting submit via email, postal mail, or hand BILLING CODE 6450–01–P materials, are part of the public record delivery/courier two well-marked and are subject to public disclosure. copies: One copy of the document You should submit only information that you wish to make publicly marked confidential including all the FEDERAL DEPOSIT INSURANCE available. information believed to be confidential, CORPORATION and one copy of the document marked Please note: all comments received ‘‘non-confidential’’ with the information 12 CFR Parts 308 and 390 will be posted generally without change believed to be confidential deleted. to https://www.fdic.gov/regulations/ RIN 3064–AF38 Submit these documents via email or on laws/federal/, including any personal information provided. a CD, if feasible. DOE will make its own Removal of Transferred OTS FOR FURTHER INFORMATION CONTACT: determination about the confidential Regulations Regarding Prompt status of the information and treat it Corrective Action Directives and Robert Watkins, Review Examiner, according to its determination. Conforming Amendments to Other Division of Risk Management It is DOE’s policy that all comments Regulations Supervision, (202) 898–3865; Andrea may be included in the public docket, Winkler, Acting Assistant General without change and as received, AGENCY: Federal Deposit Insurance Counsel, Legal Division, (202) 898– including any personal information Corporation. 3727; or Kristine Schmidt, Counsel, provided in the comments (except ACTION: Notice of proposed rulemaking. Legal Division, (202) 898–6686, information deemed to be exempt from [email protected]. public disclosure). SUMMARY: In order to streamline FDIC SUPPLEMENTARY INFORMATION: DOE considers public participation to regulations, the FDIC proposes to be a very important part of the process rescind and remove from the Code of I. Policy Objectives for developing test procedures and Federal Regulations rules entitled The policy objective of the rule is to energy conservation standards. DOE ‘‘Prompt Corrective Action’’ that were remove unnecessary and duplicative actively encourages the participation transferred to the FDIC from the Office regulations in order to simplify them and interaction of the public during the of Thrift Supervision (OTS) on July 21, and improve the public’s understanding comment period in each stage of this 2011, in connection with the of them. Part 390, subpart Y outlines process. Interactions with and between implementation of Title III of the Dodd- administrative procedures related to members of the public provide a Frank Wall Street Reform and Consumer prompt corrective action that are balanced discussion of the issues and Protection Act (Dodd-Frank Act), and equivalent to procedures outlined in assist DOE in the process. Anyone who amend certain sections of existing FDIC part 308, subpart Q of the FDIC’s wishes to be added to the DOE mailing regulations governing the issuance and existing regulations. Thus, the FDIC is

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proposing to rescind the regulations in the OCC as a Joint Notice in the Federal now comprise part 390, subpart Y. Each part 390, subpart Y and reserve the Register on July 6, 2011.5 provision of part 390, subpart Y is subpart for future use. In addition, the Although section 312(b)(2)(B)(i)(II) of discussed in Part III of this proposal would amend certain sections the Dodd-Frank Act 6 granted the OCC SUPPLEMENTARY INFORMATION section, of part 308, subpart Q of the FDIC’s rulemaking authority relating to both below. The FDIC has conducted a existing regulations on the issuance and State and Federal savings associations, careful review and comparison of part review of orders pursuant to the prompt nothing in the Dodd-Frank Act affected 390, subpart Y. As discussed in Part III corrective action provisions of the the FDIC’s existing authority to issue of this SUPPLEMENTARY INFORMATION Federal Deposit Insurance Act to make regulations under the Federal Deposit section, the FDIC proposes to rescind it clear that part 308, subpart Q, applies Insurance Act (FDI Act) 7 and other laws part 390, subpart Y because the FDIC to all insured depository institutions for as the ‘‘appropriate Federal banking considers the provisions related to State which the FDIC is the appropriate agency’’ or under similar statutory savings associations contained in part Federal banking agency. terminology. Section 312(c)(1) of the 390, subpart Y substantially similar to Dodd-Frank Act 8 revised the definition similar regulations related to state non- II. Background of ‘‘appropriate Federal banking member banks. The FDIC proposes Part 390, subpart Y, was included in agency’’ contained in section 3(q) of the combining the regulations to make clear the regulations that were transferred to FDI Act,9 to add State savings the same procedures apply to all FDIC- the FDIC from the Office of Thrift associations to the list of entities for supervised institutions. Supervision (OTS) on July 21, 2011, in which the FDIC is designated as the C. Part 308, Subpart Q, Issuance and connection with the implementation of ‘‘appropriate Federal banking agency.’’ Review of Orders Pursuant to the applicable provisions of title III of the As a result, when the FDIC acts as the Prompt Corrective Action Provisions of Dodd-Frank Wall Street Reform and appropriate Federal banking agency (or the Federal Deposit Insurance Act Consumer Protection Act (Dodd-Frank under similar terminology) for State Act).1 savings associations, as it does here, the The FDIC proposes to further clarify the administrative procedures relevant A. The Dodd-Frank Act FDIC is authorized to issue, modify, and rescind regulations involving such to State savings associations by As of July 21, 2011, the transfer date associations, as well as for State amending certain parts of part 308 of the established by section 311 of the Dodd- nonmember banks and insured State- FDIC’s regulations to clarify that part Frank Act,2 the powers, duties, and licensed branches of foreign banks. 308, subpart Q applies to all insured depository institutions, including State functions formerly performed by the As noted above, on June 14, 2011, savings associations, for which the FDIC OTS were divided among the FDIC, as operating pursuant to this authority, the is the appropriate Federal banking to State savings associations, the Office Board issued a list of regulations of the agency. As discussed in Part III of this of the Comptroller of the Currency former OTS that the FDIC would enforce SUPPLEMENTARY INFORMATION section, the (OCC), as to Federal savings with respect to State savings FDIC proposes to amend part 308, associations, and the Board of associations. On that same date, the subpart Q in order to make part 308, Governors of the Federal Reserve Board reissued and redesignated certain subpart Q applicable to all insured System (FRB), as to savings and loan regulations transferred from the former depository institutions, including State holding companies. Section 316(b) of OTS. These transferred OTS regulations savings associations, for which the FDIC the Dodd-Frank Act 3 provides the were published as new FDIC regulations is the appropriate Federal banking manner of treatment for all orders, in the Federal Register on August 5, agency. resolutions, determinations, regulations, 2011.10 When the FDIC republished the and other advisory materials that had transferred OTS regulations as new III. Proposed Regulation Changes been issued, made, prescribed, or FDIC regulations, it specifically noted After careful review, the FDIC has allowed to become effective by the OTS. that its staff would evaluate the concluded that the retention of part 390, The section provides that if such transferred OTS rules and might later subpart Y is unnecessary and that materials were in effect on the day recommend incorporating the rescission of subpart Y in its entirety before the transfer date, they continue in transferred OTS regulations into other would streamline the FDIC rules and effect and are enforceable by or against FDIC regulations, amending them, or regulations. The regulations related to the appropriate successor agency until 11 rescinding them, as appropriate. State savings associations will be they are modified, terminated, set aside, incorporated into the part 308, subpart or superseded in accordance with B. Transferred OTS Regulations Q as described below. Part 390, subpart applicable law by such successor (Transferred to the FDIC’s Part 390, Y also references savings and loan agency, by any court of competent Subpart Y) holding companies. When the jurisdiction, or by operation of law. A subset of the regulations transferred regulation was transferred from the Pursuant to section 316(c) of the to the FDIC from the OTS concern OTS, the references to ‘‘any company Dodd-Frank Act,4 on June 14, 2011, the prompt corrective action provisions that controls the State savings FDIC’s Board of Directors (Board) applicable to State savings associations. association’’ were not deleted with the approved a ‘‘List of OTS Regulations to The OTS regulations, formerly found at other technical amendments. The FDIC be Enforced by the OCC and the FDIC 12 CFR part 565, §§ 565.7, 565.8, 565.9 is not the appropriate successor agency Pursuant to the Dodd-Frank Wall Street and 565.10, were transferred to the FDIC for supervision of savings and loan Reform and Consumer Protection Act.’’ with only nomenclature changes and holding companies. Under the Dodd- This list was published by the FDIC and Frank Act, supervision of savings and 5 76 FR 39246 (July 6, 2011). loan holding companies was transferred 1 6 Codified at 12 U.S.C. 5412(b)(2)(B)(i)(II). Dodd-Frank Wall Street Reform and Consumer to the Federal Reserve Board.12 The Protection Act, Public Law 111–203, 124 Stat. 1376 7 12 U.S.C. 1811 et seq. (2010) (codified at 12 U.S.C. 5301 et seq.). 8 Codified at 12 U.S.C. 5412(c)(1). provisions in the FDIC regulations 2 Codified at 12 U.S.C. 5411. 9 12 U.S.C. 1813(q). relating to ‘‘any company that controls 3 Codified at 12 U.S.C. 5414(b). 10 76 FR 47652 (Aug. 5, 2011). 4 Codified at 12 U.S.C. 5414(c). 11 See 76 FR 47653. 12 12 U.S.C. 5412(b)(1).

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the State savings association’’ will apply to all FDIC-supervised agency, the FDIC proposes to amend therefore be set aside and not institutions. Therefore, it is not §§ 308.200 through 308.204 to replace incorporated into the existing FDIC necessary to have a regulation the phrases ‘‘banks’’ and ‘‘insured regulations at part 308, subpart Q specifically applicable to State savings branches of foreign banks’’ throughout addressing FDIC-supervised associations. subpart Q with the phrase ‘‘FDIC- institutions. 12 CFR 390.458—Order to dismiss a supervised institution.’’ Under the Consistent with its legal authority to director or senior executive officer. proposal, § 308.200 would be revised to issue and modify regulations as the Section 390.458 describes the add the definition of the term ‘‘FDIC- appropriate Federal banking agency additional administrative procedures supervised institution’’ to mean any under section 3(q) of the Federal related to prompt corrective action insured depository institution for which Deposit Insurance Act, the FDIC also directives that require the State savings the FDIC is the appropriate Federal proposes to amend and revise association to terminate the banking agency pursuant to section 3(q) provisions of part 308, subpart Q to employment of a director or officer. This of the FDI Act.15 clarify and state explicitly the section also includes provisions to regulations apply to all FDIC-supervised challenge this type of prompt corrective Additionally, the FDIC proposes one institutions. order directive. These administrative additional change to conform the FDIC’s procedures were initially found at 12 regulations relating to prompt corrective A. Comparison of FDIC Regulations CFR 565.9. Section 390.458 is action directives that apply to banks and With the Transferred OTS Regulations equivalent to the administrative the former OTS regulations relating to To Be Rescinded procedures relating to FDIC-supervised State savings associations. Sections 12 CFR 390.456—Directives to take banks found at 12 CFR 308.203. 308.202 and 390.457 describe the prompt corrective action. The FDIC proposes that § 390.458 be procedures relating to classifying an Section 390.456 describes the rescinded in its entirety. The proposed institution due to something other than administrative procedures for the FDIC amendments to subpart Q will clarify in capital. These two regulations differ in to issue a directive to take prompt a single location that the regulations one respect. The FDIC regulation at corrective action against a State savings apply to all FDIC-supervised 308.202(a)(6) provides that when a association. These administrative institutions. Therefore, it is not hearing is ordered, it will begin no later procedures were initially found at 12 necessary to have a regulation than 30 days from the date of the CFR 565.7 and are equivalent to the specifically applicable to State savings request unless the bank requests a later administrative procedures relating to associations. FDIC-supervised banks found at 12 CFR date. The former OTS version of this 12 CFR 390.459—Enforcement of regulation, incorporated by the FDIC at 308.201. directives. § 390.457, provides that the hearing The FDIC proposes that § 390.456 be Section 390.459 describes the should be ordered within 30 days of rescinded in its entirety. The proposed additional remedies the FDIC may take amendments to subpart Q will clarify in to seek compliance with prompt request unless the FDIC allows further a single location that the regulations corrective action directives. These time at the request of the State savings apply to all FDIC-supervised procedures were initially found at 12 association. While both of these institutions. Therefore, it is not CFR 565.10. Section 390.459 is provisions demonstrate that a hearing is necessary to have a regulation equivalent to the administrative likely to be delayed at the request of the specifically applicable to State savings procedures relating to FDIC-supervised institution, the former OTS version of associations. banks found at 12 CFR 308.204. the regulation is written with greater 12 CFR 390.457—Procedures for The FDIC proposes that § 390.459 be clarity that the FDIC will evaluate and reclassifying a State savings association rescinded in its entirety. The proposed may then provide consent to the based on criteria other than capital. amendments to subpart Q will clarify in request. The OTS version of the Section 390.457 describes the a single location that the regulations regulation makes it clear that there is no administrative procedures to reclassify a apply to all FDIC-supervised automatic extension granted to the State savings association based on institutions. Therefore, it is not institution. The greater clarity in this criteria other than capital. This section necessary to have a regulation language makes it the preferred choice describes how the FDIC may consider specifically applicable to State savings when reconciling the two regulations other unsafe or unsound practices to associations. into one regulation that applies to all lower a State saving association capital FDIC-supervised institutions. The B. Proposed Changes to FDIC category under part 324. The section changes to this aspect of the regulation Regulations also details the procedures for notifying will provide greater clarity to those the State saving association and As discussed in part III of this institutions going forward. contesting the determination. These SUPPLEMENTARY INFORMATION, the FDIC’s administrative procedures were initially part 308, subpart Q addresses the IV. Summary found at 12 CFR 565.8 and were administrative procedures related to the If the proposal is finalized, 12 CFR recently modified to account for issuance and enforcement of prompt part 390, subpart Y would be removed changes made to part 324.13 Section corrective action directives. The Dodd- because it is largely unnecessary, 390.457 is equivalent to the Frank Act added State savings redundant, or duplicative of existing administrative procedures relating to associations to the list of entities for FDIC regulations, and the requirements FDIC-supervised banks found at 12 CFR which the FDIC is designated as the 308.202. appropriate Federal banking agency.14 of part 308, subpart Q expressly would The FDIC proposes that § 390.457 be To clarify that part 308, subpart Q apply to all FDIC-supervised insured rescinded in its entirety. The proposed applies to all institutions for which the depository institutions. These initiatives amendments to subpart Q will clarify in FDIC is the appropriate Federal banking will serve to streamline the FDIC’s a single location that the regulations regulations. 14 See section 312(c) of the Dodd-Frank Act, 13 See 83 FR 17737. codified at 12 U.S.C. 1813(q). 15 12 U.S.C. 1813(q).

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V. Expected Effects to substantively affect FDIC-supervised be needlessly duplicative for As explained in detail in Section III State savings associations. substantively similar regulations Finally, the proposal would revise 12 of this SUPPLEMENTARY INFORMATION regarding prompt corrective action CFR 308.202 to clarify the procedures section, certain OTS regulations directives for banks and State savings for delaying a hearing if an institution transferred to the FDIC by the Dodd- associations to be located in different is reclassified based on criteria other Frank Act relating to prompt corrective locations within the Code of Federal than capital. The FDIC’s regulation action directives are either unnecessary Regulations. The FDIC believes it would currently states that if a hearing is or effectively duplicate existing FDIC be redundant and potentially confusing scheduled, it will be held within 30 regulations. This proposal would for FDIC-supervised institutions to days of the request unless the institution eliminate those transferred OTS continue to refer to these separate sets requests a later date. The regulations in of regulations. Therefore, the FDIC is regulations. The proposal also would § 390.457 state that a hearing will be proposing to amend and streamline the clarify that the standards in part 308, held within 30 days of the request FDIC’s regulations. subpart Q apply to State savings unless the FDIC allows further time at associations because the FDIC is the the request of the institution. The FDIC VII. Request for Comments ‘‘appropriate Federal banking agency’’ is proposing to adopt the language from The FDIC invites comments on all pursuant to the FDI Act. As of March 30, § 390.457 in its own regulations since aspects of this proposed rulemaking. In 2020, the FDIC supervised 3,309 § 390.457 clarifies that requests for an particular, the FDIC requests comments depository institutions, of which 35 (1.1 on the following questions: 16 extension will not be automatically percent) are State savings associations. granted. This aspect of the proposed 1. Are the provisions of 12 CFR parts The proposed rule primarily would rule will pose no change for the 35 308, subpart Q sufficient to provide affect regulations that govern State FDIC-supervised State savings consistent and effective requirements savings associations. associations. The FDIC believes that related to the issuance and review of As explained previously, the adopting the language from § 390.457 orders pursuant to the prompt corrective proposed rule would rescind 12 CFR should further clarify for State action for all insured depository part 390, subpart Y, which includes the nonmember institutions that requests institutions for which the FDIC is the following: § 390.456, which outlines for an extension will not automatically appropriate Federal banking agency? administrative procedures for issuing a be granted, however, this change is Please provide examples, data, or directive to take prompt corrective unlikely to pose any substantive effects otherwise substantiate your answer. action against a State savings on State nonmember institutions. 2. What negative impacts, if any, can association; § 390.457, which outlines Since the prompt corrective action you foresee in the FDIC’s proposal to administrative procedures for directive provisions in § 390 subpart Y rescind part 390, subpart Y and remove reclassifying a State savings association are substantively similar to existing it from the Code of Federal Regulations? based on criteria other than capital; regulations for state nonmember banks Please provide any other comments you § 390.458, which outlines found in § 308, subpart Q, the FDIC does have on the proposal. administrative procedures related to not believe that rescission of §§ 390.456 VIII. Administrative Law Matters prompt corrective action that require a through 390.459 would have any State savings association to terminate substantive effects on FDIC-supervised A. The Paperwork Reduction Act the employment of a director or officer; State savings associations. In accordance with the requirements and § 390.459, which outlines The FDIC invites comments on all of the Paperwork Reduction Act of 1995 administrative procedures the FDIC may aspects of this analysis. In particular, (PRA),17 the FDIC may not conduct or take to seek compliance with prompt would the proposed rule have any costs sponsor, and the respondent is not corrective action directives. The FDIC or benefits to covered entities that the required to respond to, an information has determined that these sections of 12 FDIC has not identified? collection unless it displays a currently CFR part 390 are equivalent to VI. Alternatives valid Office of Management and Budget regulations related to prompt corrective (OMB) control number. action in the FDIC’s existing regulations. The FDIC believes that the proposed The proposed rule would rescind and Therefore, the FDIC does not expect the amendments represent the most remove from FDIC regulations part 390, removal of the regulations in subpart Y appropriate option for covered subpart Y. With regard to part 308, to significantly affect FDIC-supervised institutions and, at this time, has not subpart Q, the proposed rule would State savings associations. identified significant alternatives to amend §§ 308.200 through 308.204 to The proposal would also amend the proposing the rule in its current form. clarify that State savings associations, as FDIC’s regulations that establish As discussed previously, the Dodd- well as State nonmember banks and administrative procedures for prompt Frank Act transferred certain powers, foreign banks having insured branches corrective action in 12 CFR 308.200 duties, and functions formerly are all subject to part 308, subpart Q. through 308.204 to make them performed by the OTS to the FDIC. The The proposed rule will not create any applicable to all FDIC-supervised FDIC’s Board reissued and redesignated new or revise any existing collections of institutions, including State savings certain transferred regulations from the information under the PRA. Therefore, associations. As discussed previously, OTS but noted that it would evaluate no information collection request will these changes would not change the them and might later incorporate them be submitted to the OMB for review. required procedures related to prompt into other FDIC regulations, amend corrective action that are applicable to them, or rescind them, as appropriate. B. The Regulatory Flexibility Act State savings associations since the The FDIC has evaluated the existing The Regulatory Flexibility Act (RFA), requirements in subpart Y are regulations relating to prompt corrective requires that, in connection with a equivalent to requirements in the FDIC’s actions, including part 308, subpart Q notice of proposed rulemaking, an existing regulations, therefore this and part 390, subpart Y. The FDIC has agency prepare and make available for aspect of the proposed rule is unlikely available the status quo alternative of public comment an initial regulatory retaining the current regulations but is 16 Call Report data, March 2020. proposing not to do so because it would 17 44 U.S.C. 3501–3521.

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flexibility analysis that describes the the employment of a director or officer; impact on a substantial number of small impact of the proposed rule on small and § 390.459, which outlines entities. entities.18 However, a regulatory administrative procedures the FDIC may The FDIC invites comments on all flexibility analysis is not required if the take to seek compliance with prompt aspects of the supporting information agency certifies that the rule will not corrective action directives. The FDIC provided in this section, and in have a significant economic impact on has determined that these sections of 12 particular, whether the proposed rule a substantial number of small entities CFR part 390 are equivalent to would have any significant effects on and publishes its certification and a regulations related to prompt corrective small entities that the FDIC has not short explanatory statement in the action in the FDIC’s existing regulations. identified. Federal Register together with the rule. Therefore, the FDIC does not expect the C. Plain Language The Small Business Administration removal of the regulations in subpart Y (SBA) has defined ‘‘small entities’’ to to significantly affect small FDIC- Section 722 of the Gramm-Leach- include banking organizations with total supervised State savings associations. Bliley Act 23 requires the Federal assets of less than or equal to $600 The proposal would also amend the banking agencies to use plain language million.19 Generally, the FDIC considers FDIC’s regulations that establish in all proposed and final rules a significant effect to be a quantified administrative procedures for prompt published after January 1, 2000. The effect in excess of 5 percent of total corrective action in 12 CFR 308.200 FDIC has sought to present the proposed annual salaries and benefits per through 308.204 to make them rule in a simple and straightforward institution, or 2.5 percent of total applicable to all FDIC-supervised manner. The FDIC invites comments on noninterest expenses. The FDIC believes institutions, including State savings whether the proposal is clearly stated that effects in excess of these thresholds associations. As discussed previously, and effectively organized and how the typically represent significant effects for these changes would not change the FDIC might make the proposal easier to FDIC-supervised institutions. For the required procedures related to prompt understand. reasons provided below, the FDIC corrective action that are applicable to D. The Economic Growth and certifies that the proposed rule would small State savings associations since Regulatory Paperwork Reduction Act not have a significant economic impact the requirements in subpart Y are on a substantial number of small equivalent to requirements in the FDIC’s Under section 2222 of the Economic entities. Accordingly, a regulatory existing regulations. Growth and Regulatory Paperwork flexibility analysis is not required. Finally, the proposal would revise 12 Reduction Act of 1996 (EGRPRA), the As of March 31, 2020, the FDIC CFR 308.202 to clarify the procedures FDIC is required to review all of its supervised 3,309 depository for delaying a hearing if an institution regulations, at least once every 10 years, institutions,20 of which 2,548 were is reclassified based on criteria other in order to identify any outdated or considered small entities for the than capital. The FDIC’s regulation otherwise unnecessary regulations 24 purposes of RFA.21 There are 33 (1.3 currently states that if a hearing is imposed on insured institutions. The percent) State savings associations that scheduled, it will be held within 30 FDIC, along with the other Federal are small entities for the purposes of days of the request unless the institution banking agencies, submitted a Joint RFA.22 As discussed previously, the requests a later date. The regulations in Report to Congress on March 21, 2017 proposed rule would rescind 12 CFR § 390.457 state that a hearing will be (EGRPRA Report) discussing how the part 390, subpart Y, which includes the held within 30 days of the request review was conducted, what has been following: § 390.456, which outlines unless the FDIC allows further time at done to date to address regulatory burden, and further measures the FDIC administrative procedures for issuing a the request of the institution. The FDIC will take to address issues that were directive to take prompt corrective is proposing to adopt the language from identified.25 As noted in the EGRPRA action against a State savings § 390.457 in its own regulations since Report, the FDIC is continuing to association; § 390.457, which outlines § 390.457 clarifies that requests for an streamline and clarify its regulations administrative procedures for extension will not be automatically through the OTS rule integration reclassifying a State savings association granted. This aspect of the proposed process. By removing outdated or based on criteria other than capital; rule will pose no change for the 33 unnecessary regulations, such as part § 390.458, which outlines small FDIC-supervised State savings 390, subpart Y, this rule complements administrative procedures related to associations. The FDIC believes that adopting the language from § 390.457 other actions that the FDIC has taken, prompt corrective action that require a separately and with the other Federal State savings association to terminate should further clarify for small State nonmember institutions that requests banking agencies, to further the EGRPRA mandate. 18 5 U.S.C. 601, et seq. for an extension will not automatically 19 The SBA defines a small banking organization be granted; however, this change is E. Riegle Community Development and as having $600 million or less in assets, where ‘‘a unlikely to pose any substantive effects Regulatory Improvement Act of 1994 financial institution’s assets are determined by on small State nonmember institutions. averaging the assets reported on its four quarterly Since the prompt corrective action Pursuant to section 302(a) of the financial statements for the preceding year.’’ See 13 directive provisions in § 390 subpart Y Riegle Community Development and CFR 121.201 (as amended by 84 FR 34261, effective Regulatory Improvement Act August 19, 2019). ‘‘SBA counts the receipts, are substantively similar to existing 26 employees, or other measure of size of the concern regulations for state nonmember banks (RCDRIA), in determining the effective date and administrative compliance whose size is at issue and all of its domestic and found in § 308, subpart Q, the FDIC foreign affiliates.’’ See 13 CFR 121.103. Following requirements for new regulations that believes it is unlikely that that these regulations, the FDIC uses a covered entity’s impose additional reporting, disclosure, affiliated and acquired assets, averaged over the rescission of §§ 390.456 through 390.459 or other requirements on insured preceding four quarters, to determine whether the would have any substantive effects on FDIC-supervised institution is ‘‘small’’ for the small FDIC-supervised State savings purposes of RFA. 23 Public Law 106–102, section 722, 113 Stat. 20 FDIC-supervised institutions are set forth in 12 associations. 1338, 1471 (1999). U.S.C. 1813(q)(2). Based on the information above, the 24 Public Law 104–208, 110 Stat. 3009 (1996). 21 FDIC Call Report data, March 31, 2020. FDIC certifies that the proposed rule 25 82 FR 15900 (March 31, 2017). 22 Id. would not have a significant economic 26 12 U.S.C. 4802(a).

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depository institutions (IDIs), each § 308.200 Scope. (1) A statement of the FDIC- Federal banking agency must consider, The rules and procedures set forth in supervised institution’s capital consistent with principles of safety and this subpart apply to FDIC-supervised measures and capital levels; soundness and the public interest, any institutions and senior executive (2) A description of the restrictions, administrative burdens that such officers and directors of the same that prohibitions or affirmative actions that regulations would place on depository are subject to the provisions of section the FDIC proposes to impose or require; institutions, including small depository 38 of the Federal Deposit Insurance Act (3) The proposed date when such institutions, and customers of (section 38) (12 U.S.C. 1831o) and restrictions or prohibitions would be depository institutions, as well as the subpart H of part 324 of this chapter. effective or the proposed date for benefits of such regulations. In addition, For purposes of this subpart, the term completion of such affirmative actions; section 302(b) of RCDRIA requires new ‘‘FDIC-supervised institution’’ means and regulations and amendments to any insured depository institution for (4) The date by which the FDIC- regulations that impose additional which the Federal Deposit Insurance supervised institution subject to the reporting, disclosures, or other new Corporation is the appropriate Federal directive may file with the FDIC a requirements on IDIs generally to take banking agency pursuant to section 3(q) written response to the notice. effect on the first day of a calendar of the Federal Deposit Insurance Act, 12 (c) Response to notice— quarter that begins on or after the date U.S.C. 1813(q). (1) Time for response. An FDIC- on which the regulations are published ■ 3. Revise § 308.201 to read as follows: supervised institution may file a written in final form.27 The FDIC invites response to a notice of intent to issue a § 308.201 Directives to take prompt directive within the time period set by comments that further will inform its corrective action. consideration of RCDRIA. the FDIC. The date shall be at least 14 (a) Notice of intent to issue directive— calendar days from the date of the List of Subjects (1) In general. The FDIC shall provide notice unless the FDIC determines that an undercapitalized, significantly 12 CFR Part 308 a shorter period is appropriate in light undercapitalized, or critically of the financial condition of the FDIC- Administrative practice and undercapitalized FDIC-supervised supervised institution or other relevant procedure, Bank deposit insurance, institution prior written notice of the circumstances. Banks, Banking, Claims, Crime, Equal FDIC’s intention to issue a directive (2) Content of response. The response access to justice, Fraud, Investigations, requiring such FDIC-supervised should include: Lawyers, Penalties. institution to take actions or to follow (i) An explanation why the action proscriptions described in section 38 12 CFR Part 390 proposed by the FDIC is not an that are within the FDIC’s discretion to appropriate exercise of discretion under Administrative practice and require or impose under section 38 of section 38; procedure, Advertising, Aged, Civil the FDI Act, including sections 38(e)(5), (ii) Any recommended modification rights, Conflict of interests, Credit, (f)(2), (f)(3), or (f)(5). The FDIC- of the proposed directive; and Crime, Equal employment opportunity, supervised institution shall have such (iii) Any other relevant information, Fair housing, Government employees, time to respond to a proposed directive mitigating circumstances, Individuals with disabilities, Reporting as provided by the FDIC under documentation, or other evidence in and recordkeeping requirements, paragraph (c) of this section. support of the position of the FDIC- Savings associations. (2) Immediate issuance of final supervised institution regarding the directive. If the FDIC finds it necessary Authority and Issuance proposed directive. in order to carry out the purposes of (d) FDIC consideration of response. For the reasons stated in the section 38 of the FDI Act, the FDIC may, After considering the response, the FDIC preamble, the Federal Deposit Insurance without providing the notice prescribed may: Corporation proposes to amend parts in paragraph (a)(1) of this section, issue (1) Issue the directive as proposed or 308 and 390 of title 12 of the Code of a directive requiring an FDIC-supervised in modified form; Federal Regulations as follows: institution immediately to take actions (2) Determine not to issue the or to follow proscriptions described in directive and so notify the FDIC- PART 308—RULES OF PRACTICE AND section 38 that are within the FDIC’s supervised institution; or PROCEDURE discretion to require or impose under (3) Seek additional information or section 38 of the FDI Act, including clarification of the response from the ■ 1. The authority citation for Part 308 section 38(e)(5), (f)(2), (f)(3), or (f)(5). An FDIC-supervised institution or any other continues to read as follows: FDIC-supervised institution that is relevant source. Authority: 5 U.S.C. 504, 554–557; 12 subject to such an immediately effective (e) Failure to file response. Failure by U.S.C. 93(b), 164, 505, 1464, 1467(d), 1467a, directive may submit a written appeal of an FDIC-supervised institution to file 1468, 1815(e), 1817, 1818, 1819, 1820, 1828, the directive to the FDIC. Such an with the FDIC, within the specified time 1829, 1829(b), 1831i, 1831m(g)(4), 1831o, period, a written response to a proposed 1831p–1, 1832(c), 1884(b), 1972, 3102, appeal must be received by the FDIC 3108(a), 3349, 3909, 4717, 5412(b)(2)(C), within 14 calendar days of the issuance directive shall constitute a waiver of the 5414(b)(3); 15 U.S.C. 78(h) and (i), 78o(c)(4), of the directive, unless the FDIC permits opportunity to respond and shall 78o–4(c), 78o–5, 78q–1, 78s, 78u, 78u–2, a longer period. The FDIC shall consider constitute consent to the issuance of the 78u–3, 78w, 6801(b), 6805(b)(1); 28 U.S.C. any such appeal, if filed in a timely directive. 2461 note; 31 U.S.C. 330, 5321; 42 U.S.C. matter, within 60 days of receiving the (f) Request for modification or 4012a; Pub. L. 104–134, sec. 31001(s), 110 appeal. During such period of review, rescission of directive. Any FDIC- Stat. 1321; Pub. L. 109–351, 120 Stat. 1966; the directive shall remain in effect supervised institution that is subject to Pub. L. 111–203, 124 Stat. 1376; Pub. L. 114– unless the FDIC, in its sole discretion, a directive under this subpart may, 74, sec. 701, 129 Stat. 584. stays the effectiveness of the directive. upon a change in circumstances, request ■ 2. Revise § 308.200 to read as follows: (b) Contents of notice. A notice of in writing that the FDIC reconsider the intention to issue a directive shall terms of the directive and may propose 27 Id. include: that the directive be rescinded or

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modified. Unless otherwise ordered by (i) An explanation of why the FDIC- unless the FDIC orders that such the FDIC, the directive shall continue in supervised institution is not in an procedures shall apply. place while such request is pending unsafe or unsound condition or (ii) The informal hearing shall be before the FDIC. otherwise should not be reclassified; recorded, and a transcript shall be ■ 4. Revise § 308.202 to read as follows: and furnished to the FDIC-supervised (ii) Any other relevant information, institution upon request and payment of § 308.202 Procedures for reclassifying an the cost thereof. Witnesses need not be FDIC-supervised institution based on mitigating circumstances, criteria other than capital. documentation, or other evidence in sworn, unless specifically requested by support of the position of the FDIC- a party or the presiding officer(s). The (a) Reclassification based on unsafe or supervised institution regarding the presiding officer(s) may ask questions of unsound condition or practice— reclassification. any witness. (1) Issuance of notice of proposed (iii) The presiding officer(s) may order reclassification— (4) Failure to file response. Failure by an FDIC-supervised institution to file, that the hearing be continued for a (i) Grounds for reclassification. (A) reasonable period (normally five Pursuant to § 324.403(d) of this chapter, within the specified time period, a written response with the FDIC to a business days) following completion of the FDIC may reclassify a well- oral testimony or argument to allow capitalized FDIC-supervised institution notice of proposed reclassification shall constitute a waiver of the opportunity to additional written submissions to the as adequately capitalized or subject an hearing record. adequately capitalized or respond and shall constitute consent to the reclassification. (8) Recommendation of presiding undercapitalized institution to the officers. Within 20 calendar days supervisory actions applicable to the (5) Request for hearing and presentation of oral testimony or following the date the hearing and the next lower capital category if: record on the proceeding are closed, the (1) The FDIC determines that the witnesses. The response may include a request for an informal hearing before presiding officer(s) shall make a FDIC-supervised institution is in unsafe recommendation to the FDIC on the or unsound condition; or the FDIC under this section. If the FDIC- supervised institution desires to present reclassification. (2) The FDIC, pursuant to section (9) Time for decision. Not later than 8(b)(8) of the FDI Act (12 U.S.C. oral testimony or witnesses at the hearing, the FDIC-supervised institution 60 calendar days after the date the 1818(b)(8)), deems the FDIC-supervised record is closed or the date of the institution to be engaged in an unsafe or shall include a request to do so with the request for an informal hearing. A response in a case where no hearing was unsound practice and not to have requested, the FDIC will decide whether corrected the deficiency. request to present oral testimony or witnesses shall specify the names of the to reclassify the FDIC-supervised (B) Any action pursuant to this institution and notify the FDIC- paragraph (a)(1)(i) shall hereinafter be witnesses and the general nature of their expected testimony. Failure to request a supervised institution of the FDIC’s referred to as reclassification. decision. (ii) Prior notice to institution. Prior to hearing shall constitute a waiver of any right to a hearing, and failure to request (b) Request for rescission of taking action pursuant to § 324.403(d) of reclassification. Any FDIC-supervised this chapter, the FDIC shall issue and the opportunity to present oral testimony or witnesses shall constitute institution that has been reclassified serve on the FDIC-supervised institution under this section, may, upon a change a written notice of the FDIC’s intention a waiver of any right to present oral testimony or witnesses. in circumstances, request in writing that to reclassify it. the FDIC reconsider the reclassification (6) Order for informal hearing. Upon (2) Contents of notice. A notice of and may propose that the receipt of a timely written request that intention to reclassify an FDIC- reclassification be rescinded and that includes a request for a hearing, the supervised institution based on unsafe any directives issued in connection with FDIC shall issue an order directing an or unsound condition shall include: the reclassification be modified, informal hearing to commence no later (i) A statement of the FDIC-supervised rescinded, or removed. Unless than 30 days after receipt of the request, institution’s capital measures and otherwise ordered by the FDIC, the unless the FDIC allows further time at capital levels and the category to which FDIC-supervised institution shall the request of the FDIC-supervised the FDIC-supervised institution would remain subject to the reclassification institution. The hearing shall be held in be reclassified; and to any directives issued in Washington, DC or at such other place (ii) The reasons for reclassification of connection with that reclassification as may be designated by the FDIC before the FDIC-supervised institution; while such request is pending before the a presiding officer(s) designated by the (iii) The date by which the FDIC- FDIC. FDIC to conduct the hearing. supervised institution subject to the ■ 5. Revise § 308.203 to read as follows: notice of reclassification may file with (7) Hearing procedures. the FDIC a written appeal of the (i) The FDIC-supervised institution § 308.203 Order to dismiss a director or proposed reclassification and a request shall have the right to introduce senior executive officer. for a hearing, which shall be at least 14 relevant written materials and to present (a) Service of notice. When the FDIC calendar days from the date of service oral argument at the hearing. The FDIC- issues and serves a directive on an of the notice unless the FDIC determines supervised institution may introduce FDIC-supervised institution pursuant to that a shorter period is appropriate in oral testimony and present witnesses § 308.201 of this part requiring the light of the financial condition of the only if expressly authorized by the FDIC FDIC-supervised institution to dismiss FDIC-supervised institution or other or the presiding officer(s). Neither the from office any director or senior relevant circumstances. provisions of the Administrative executive officer under § 38(f)(2)(F)(ii) (3) Response to notice of proposed Procedure Act (5 U.S.C. 554–557) of the FDI Act, the FDIC shall also serve reclassification. An FDIC-supervised governing adjudications required by a copy of the directive, or the relevant institution may file a written response statute to be determined on the record portions of the directive where to a notice of proposed reclassification nor the Uniform Rules of Practice and appropriate, upon the person to be within the time period set by the FDIC. Procedure in this part apply to an dismissed. The response should include: informal hearing under this section (b) Response to directive—

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(1) Request for reinstatement. A unless the FDIC orders that such pursuant to section 8(i)(1) of the FDI Act director or senior executive officer who procedures shall apply. (12 U.S.C. 1818(i)(1)). has been served with a directive under (2) The informal hearing shall be (b) Administrative remedies— paragraph (a) of this section recorded, and a transcript shall be (1) Failure to comply with directive. (Respondent) may file a written request furnished to the Respondent upon Pursuant to section 8(i)(2)(A) of the FDI for reinstatement. The request for request and payment of the cost thereof. Act, the FDIC may assess a civil money reinstatement shall be filed within 10 Witnesses need not be sworn, unless penalty against any FDIC-supervised calendar days of the receipt of the specifically requested by a party or the institution that violates or otherwise directive by the Respondent, unless presiding officer(s). The presiding fails to comply with any final directive further time is allowed by the FDIC at officer(s) may ask questions of any issued under section 38 and against any the request of the Respondent. witness. institution-affiliated party who (2) Contents of request; informal (3) The presiding officer(s) may order participates in such violation or hearing. The request for reinstatement that the hearing be continued for a noncompliance. shall include reasons why the reasonable period (normally five (2) Failure to implement capital Respondent should be reinstated and business days) following completion of restoration plan. The failure of an FDIC- may include a request for an informal oral testimony or argument to allow supervised institution to implement a hearing before the FDIC under this additional written submissions to the capital restoration plan required under section. If the Respondent desires to hearing record. section 38, or subpart H of part 324 of present oral testimony or witnesses at (e) Standard for review. A Respondent this chapter, or the failure of a company the hearing, the Respondent shall shall bear the burden of demonstrating having control of an FDIC-supervised include a request to do so with the that his or her continued employment institution to fulfill a guarantee of a request for an informal hearing. The by or service with the FDIC-supervised capital restoration plan made pursuant request to present oral testimony or institution would materially strengthen to section 38(e)(2) of the FDI Act shall witnesses shall specify the names of the the FDIC-supervised institution’s subject the FDIC-supervised institution witnesses and the general nature of their ability: to the assessment of civil money expected testimony. Failure to request a (1) To become adequately capitalized, penalties pursuant to section 8(i)(2)(A) hearing shall constitute a waiver of any to the extent that the directive was of the FDI Act. right to a hearing, and failure to request issued as a result of the FDIC-supervised (c) Other enforcement action. In the opportunity to present oral institution’s capital level or failure to addition to the actions described in testimony or witnesses shall constitute submit or implement a capital paragraphs (a) and (b) of this section, a waiver of any right or opportunity to restoration plan; and the FDIC may seek enforcement of the present oral testimony or witnesses. (2) To correct the unsafe or unsound provisions of section 38 or subpart H of (3) Effective date. Unless otherwise condition or unsafe or unsound part 324 of this chapter through any ordered by the FDIC, the dismissal shall practice, to the extent that the directive other judicial or administrative remain in effect while a request for was issued as a result of classification proceeding authorized by law. reinstatement is pending. of the FDIC-supervised institution based (c) Order for informal hearing. Upon on supervisory criteria other than PART 390—REGULATIONS receipt of a timely written request from capital, pursuant to section 38(g) of the TRANSFERRED FROM THE OFFICE OF a Respondent for an informal hearing on FDI Act. THRIFT SUPERVISION the portion of a directive requiring an (f) Recommendation of presiding ■ 7. The authority citation for part 390 FDIC-supervised institution to dismiss officers. Within 20 calendar days is revised to read as follows: from office any director or senior following the date the hearing and the executive officer, the FDIC shall issue record on the proceeding are closed, the Authority: 12 U.S.C. 1819. an order directing an informal hearing presiding officer(s) shall make a Subpart F also issued under 5 U.S.C. 552; to commence no later than 30 days after recommendation to the FDIC concerning 559; 12 U.S.C. 2901 et seq. receipt of the request, unless the the Respondent’s request for Subpart G also issued under 12 U.S.C. 2810 Respondent requests a later date. The et seq., 2901 et seq.; 15 U.S.C. 1691; 42 U.S.C. reinstatement with the FDIC-supervised 1981, 1982, 3601–3619. hearing shall be held in Washington, institution. Subpart O also issued under 12 U.S.C. DC, or at such other place as may be (g) Time for decision. Not later than 1828. designated by the FDIC, before a 60 calendar days after the date the Subpart Q also issued under 12 U.S.C. presiding officer(s) designated by the record is closed or the date of the 1462; 1462a; 1463; 1464. FDIC to conduct the hearing. response in a case where no hearing was Subpart W also issued under 12 U.S.C. (d) Hearing procedures. requested, the FDIC shall grant or deny 1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; (1) A Respondent may appear at the the request for reinstatement and notify 78n; 78p; 78w. hearing personally or through counsel. the Respondent of the FDIC’s decision. Subpart Y—[Removed and Reserved] A Respondent shall have the right to If the FDIC denies the request for introduce relevant written materials and reinstatement, the FDIC shall set forth in ■ 8. Remove and reserve part 390, to present oral argument. A Respondent the notification the reasons for the subpart Y, consisting of §§ 390.456 may introduce oral testimony and FDIC’s action. through 390.459. present witnesses only if expressly ■ 6. Revise § 308.204 to read as follows: Federal Deposit Insurance Corporation. authorized by the FDIC or the presiding officer(s). Neither the provisions of the § 308.204 Enforcement of directives. By order of the Board of Directors. Administrative Procedure Act governing (a) Judicial remedies. Whenever an Dated at Washington, DC, on August 21, adjudications required by statute to be FDIC-supervised institution fails to 2020. determined on the record nor the comply with a directive issued under James P. Sheesley, Uniform Rules of Practice and section 38, the FDIC may seek Acting Assistant Executive Secretary. Procedure in this part apply to an enforcement of the directive in the [FR Doc. 2020–18812 Filed 9–25–20; 8:45 am] informal hearing under this section appropriate United States district court BILLING CODE 6714–01–P

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ENVIRONMENTAL PROTECTION or other information whose disclosure is stated in the direct final rule that if we AGENCY restricted by statute. Multimedia received relevant adverse comments by submissions (audio, video, etc.) must be February 14, 2020, we would publish a 40 CFR Part 62 accompanied by a written comment. timely withdrawal in the Federal [EPA–R06–OAR–2011–0513; FRL–10014– The written comment is considered the Register. We received a relevant adverse 60–Region 6] official comment and should include comment on the direct final rule, and discussion of all points you wish to we withdrew the direct final rule on Approval and Promulgation of State make. The EPA will generally not March 23, 2020. We will address all Air Quality Plans for Designated consider comments or comment comments received on the original Facilities and Pollutants; New Mexico contents located outside of the primary proposal and on this supplemental and Albuquerque-Bernalillo County, submission (i.e., on the web, cloud, or proposal in our final action. New Mexico; Control of Emissions other file sharing system). For This supplemental notice of proposed From Existing Other Solid Waste additional submission methods, please rulemaking (SNPRM) supplements the Incineration Units contact Karolina Ruan Lei, (214) 665– proposal published on January 15, 2020, 7346, [email protected]. For the where we proposed to notify the public AGENCY: Environmental Protection full EPA public comment policy, that we received CAA section 111(d)/ Agency (EPA). information about CBI or multimedia 129 negative declarations from New ACTION: Supplemental notice of submissions, and general guidance on Mexico and Albuquerque-Bernalillo proposed rulemaking. making effective comments, please visit County, New Mexico, for existing OSWI; these negative declarations certify that SUMMARY: In this supplemental notice of https://www.epa.gov/dockets/ proposed rulemaking, the commenting-epa-dockets. existing OSWI subject to the Environmental Protection Agency (EPA) Docket: The index to the docket for requirements of sections 111(d) and 129 is supplementing the proposal this action is available electronically at of the CAA do not exist within the published on January 15, 2020, and www.regulations.gov. While all specified jurisdictions in New Mexico. pursuant to the Federal Clean Air Act documents in the docket are listed in In order to reaffirm and clarify the prior (CAA or the Act), the EPA is notifying the index, some information may not be negative declaration, New Mexico the public that we have received CAA publicly available due to docket file size submitted a revised negative declaration section 111(d)/129 negative declarations restrictions or content (e.g., CBI). for incinerators subject to the OSWI EG from New Mexico and Albuquerque- FOR FURTHER INFORMATION CONTACT: by letter dated June 15, 2020; this letter Bernalillo County, New Mexico, for Karolina Ruan Lei, EPA Region 6 Office, clarifies that incinerators (including existing incinerators subject to the Other Air and Radiation Division—State OSWI and air curtain incinerators (ACI)) Solid Waste Incineration units (OSWI) Planning and Implementation Branch, subject to the OSWI EG do not exist emission guidelines (EG). The (214) 665–7346, ruan-lei.karolina@ within its air quality jurisdiction. In this information provided in the negative epa.gov. Out of an abundance of caution SNPRM, we are appropriately declaration letter previously submitted for members of the public and our staff, expanding the inclusion of the facilities by New Mexico on October 11, 2007, the EPA Region 6 office will be closed addressed in the negative declarations and addressed in our January 15, 2020 to the public to reduce the risk of from New Mexico and Albuquerque- proposal, was clarified and reaffirmed transmitting COVID–19. We encourage Bernalillo County from ‘‘existing OSWI’’ in a June 15, 2020, negative declaration the public to submit comments via to ‘‘incinerators subject to the OSWI letter from New Mexico. The negative https://www.regulations.gov, as there EG’’. The term ‘‘incinerators subject to declarations from New Mexico and will be a delay in processing mail and the OSWI EG’’ is more technically and Albuquerque-Bernalillo County, New no courier or hand deliveries will be legally accurate as all facilities affected by the OSWI EG are required to be Mexico, certify that incinerators subject accepted. Please call or email the addressed in state plans and negative to the OSWI EG and the requirements of contact listed above if you need declarations. The Albuquerque- sections 111(d) and 129 of the CAA do alternative access to material indexed Bernalillo County negative declaration not exist within the jurisdictions of New but not provided in the docket. letter that was submitted on December Mexico and Albuquerque-Bernalillo SUPPLEMENTARY INFORMATION: 13, 2006, appropriately addressed the County. The EPA is supplementing our Throughout this document wherever subject facilities. Details on CAA previous proposal and proposing to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean sections 111(d) and 129, the OSWI EG, accept the negative declarations and the EPA. and the negative declarations submitted amend the Code of Federal Regulations I. Background by New Mexico and Albuquerque- (CFR) in accordance with the Bernalillo County, can be found in the A. Rulemaking History requirements of the CAA. following subsections. DATES: Written comments must be On January 15, 2020, we published a received on or before October 28, 2020. direct final rule and accompanying B. Clean Air Act Sections 111(d) and ADDRESSES: Submit your comments, proposed rule notifying the public that 129 identified by Docket No. EPA–R06– we had received CAA section 111(d)/ Sections 111(d) and 129 of the CAA OAR–2011–0513, at https:// 129 negative declarations from New require states to submit plans to control www.regulations.gov or via email to Mexico and Albuquerque-Bernalillo certain pollutants (designated [email protected]. Follow the County for existing OSWI (85 FR 2316). pollutants) at existing solid waste online instructions for submitting These negative declarations certify that combustor facilities (designated comments. Once submitted, comments existing OSWI subject to the facilities) whenever standards of cannot be edited or removed from requirements of sections 111(d) and 129 performance have been established Regulations.gov. The EPA may publish of the CAA do not exist within the under section 111(b) for new sources of any comment received to its public specified jurisdictions in New Mexico. the same type, and the EPA has docket. Do not submit electronically any The direct final rule was published established emission guidelines for such information you consider to be without prior proposal because we existing sources. CAA section 129 Confidential Business Information (CBI) anticipated no adverse comments. We directs the EPA to establish standards of

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performance for new sources (NSPS) 60.2992, with limited exceptions as 60.23(b), 40 CFR 62.06, 40 CFR 60.2982, and emissions guidelines (EG) for provided under 40 CFR 60.2993. The and sections 111(d) and 129 of the CAA. existing sources for each category of EPA proposed revisions to the OSWI EG III. Statutory and Executive Order solid waste incinerator specified in CAA and NSPS on August 31, 2020 (85 FR Reviews section 129. Under CAA section 129, 54178). When the EPA finalizes the NSPS and EG must contain numerical revisions to the OSWI EG,2 each state Under the CAA, the Administrator is emissions limitations for particulate (and air quality control jurisdiction) will required to approve a CAA section matter, opacity (as appropriate), sulfur need to submit a negative declaration or 111(d)/129 submission that complies dioxide, hydrogen chloride, oxides of plan, as applicable, for those sources with the provisions of the Act and nitrogen, carbon monoxide, lead, subject to the requirements of the final applicable Federal regulations. 42 cadmium, mercury, and dioxins and revised OSWI EG. U.S.C. 7411(d); 42 U.S.C. 7429; 40 CFR dibenzofurans. While NSPS are directly part 60, subparts B and FFFF; and 40 D. Negative Declarations From New applicable to new sources (affected CFR part 62, subpart A. With regard to Mexico and Albuquerque-Bernalillo facilities), EG for existing sources negative declarations for designated County (designated facilities) are intended for facilities received by the EPA from states to use to develop a state plan to In order to fulfill obligations under states, the EPA’s role is to notify the submit to the EPA. Once approved by CAA sections 111(d) and 129, the New public of the receipt of such negative the EPA, the state plan becomes Mexico Environment Department declarations and revise 40 CFR part 62 federally enforceable. If a state does not (NMED) and the City of Albuquerque accordingly. For the reasons stated submit an approvable state plan to the Environmental Health Department above, this action: EPA, the EPA is responsible for (AEHD) submitted negative declarations • Is not a ‘‘significant regulatory developing, implementing, and for incinerators subject to the OSWI EG action’’ subject to review by the Office enforcing a federal plan. for their individual air pollution control of Management and Budget under The regulations at 40 CFR part 60, jurisdictions.3 The submittal of these Executive Orders 12866 (58 FR 51735, subpart B, contain general provisions negative declarations exempts New October 4, 1993) and 13563 (76 FR 3821, applicable to the adoption and submittal Mexico (including Albuquerque- January 21, 2011); of state plans for controlling designated Bernalillo County) from the requirement • Is not an Executive Order 13771 (82 pollutants from designated facilities. to submit a state plan under 40 CFR part FR 9339, February 2, 2017) regulatory Additionally, 40 CFR part 62, subpart A, 60, subpart FFFF. action because this action is not provides the procedural framework by NMED and AEHD each determined significant under Executive Order which the EPA will approve or that there are no existing incinerators 12866; disapprove such plans submitted by a subject to the OSWI EG in accordance • Does not impose an information state. When designated facilities are with the CAA sections 111(d) and 129 collection burden under the provisions located in a state, the state must then requirements in their individual air of the Paperwork Reduction Act (44 develop and submit a plan for the pollution control jurisdictions. In order U.S.C. 3501 et seq.); control of the designated pollutant(s). to fulfill obligations under CAA sections • Is certified as not having a However, 40 CFR 60.23(b) and 40 CFR 111(d) and 129, NMED and AEHD significant economic impact on a 62.06 provide that if there are no submitted negative declaration letters to substantial number of small entities designated facilities of the designated the EPA on June 15, 2020, and under the Regulatory Flexibility Act (5 pollutant(s) in the state, the state may December 13, 2006, respectively. As U.S.C. 601 et seq.); submit a letter of certification to that stated earlier in this notice, the • Does not contain any unfunded effect (i.e., negative declaration) in lieu information provided in the negative mandate or significantly or uniquely of a plan. The negative declaration declaration letter previously submitted affect small governments, as described exempts the state from the requirements by NMED on October 11, 2007, was in the Unfunded Mandates Reform Act of subpart B that require the submittal clarified and reaffirmed in NMED’s June of 1995 (Pub. L. 104–4); of a CAA section 111(d)/129 plan. 15, 2020, negative declaration letter. A • Does not have federalism copy of each negative declaration letter implications as specified in Executive C. Other Solid Waste Incineration is included in the docket for this Order 13132 (64 FR 43255, August 10, Emission Guidelines rulemaking (Docket No. EPA–R06– 1999); EPA promulgated OSWI NSPS and EG OAR–2011–0513). • Is not an economically significant on December 16, 2005, codified at 40 regulatory action based on health or II. Supplemental Proposed Action CFR part 60, subparts EEEE and FFFF, safety risks subject to Executive Order respectively (70 FR 74870). Thus, states In this SNPRM, the EPA is 13045 (62 FR 19885, April 23, 1997); were required to submit plans for supplementing our previous proposal • Is not a significant regulatory action incinerators subject to the OSWI EG and proposing to amend 40 CFR part 62 subject to Executive Order 13211 (66 FR pursuant to sections 111(d) and 129 of to reflect receipt of the negative 28355, May 22, 2001); the Act and 40 CFR part 60, subpart B. declaration letters from NMED and • Is not subject to requirements of The designated facilities to which the AEHD, received on June 15, 2020, and section 12(d) of the National current OSWI EG apply are OSWI and December 13, 2006, respectively, Technology Transfer and Advancement certain ACI 1 that commenced certifying that there are no existing Act of 1995 (15 U.S.C. 272 note) because construction on or before December 9, incinerators subject to 40 CFR part 60, application of those requirements would 2004, and were not modified or subpart FFFF, in their respective be inconsistent with the CAA; and reconstructed on or after June 16, 2006, jurisdictions in accordance with 40 CFR • Does not provide the EPA with the as specified in 40 CFR 60.2991 and discretionary authority to address, as 2 The court ordered deadline to promulgate the appropriate, disproportionate human 1 The air curtain incinerators (ACI) subject to the final OSWI review is May 31, 2021. Sierra Club v. health or environmental effects, using OSWI EG at 40 CFR part 60, subpart FFFF do not Wheeler, 330 F. Supp. 3d 407. (D.D.C. 2018). practicable and legally permissible fit the definition of a ‘‘OSWI,’’ as defined in the 3 The OSWI negative declarations from NMED OSWI EG. See 40 CFR 60.2994(b) and 40 CFR and AEHD do not cover sources located in Indian methods, under Executive Order 12898 60.3078. country. (59 FR 7629, February 16, 1994).

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This rule also does not have Tribal received to the online docket via https:// pharmaceuticals from a health center at implications because it will not have a www.regulations.gov on or before the same price at which the health substantial direct effect on one or more October 28, 2020. center acquired the medication through Indian Tribes, on the relationship ADDRESSES: Comments must be the 340B Drug Pricing Program. between the Federal Government and identified by HHS Docket No. HRSA– Through the Executive Order, the Indian Tribes, or on the distribution of 2020–0004 and submitted electronically President directed the Secretary of power and responsibilities between the to the Federal eRulemaking Portal at Health and Human Services (the Federal Government and Indian Tribes, https://www.regulations.gov. Follow the Secretary) to take action, to the extent as specified by Executive Order 13175 instructions for submitting comments. permitted by law, to ensure all future (65 FR 67249, November 9, 2000). Comments and attachments will be grants available under section 330(e) of the PHS Act, as amended, 42 U.S.C. List of Subjects in 40 CFR Part 62 posted to the docket unchanged. Because your comment will be made 254b(e), are conditioned upon health Environmental protection, public, you are solely responsible for centers having established practices to Administrative practice and procedure, ensuring that your comment does not make insulin and injectable epinephrine Air pollution control, Intergovernmental include any confidential information available at the discounted price paid by relations, Reporting and recordkeeping that you or a third party may not wish the health center grantee or sub-grantee requirements, Waste treatment and to be posted, such as medical under the 340B Prescription Drug disposal. information, your or anyone else’s Program (plus a minimal administration Authority: 42 U.S.C. 7401 et seq. Social Security number, or confidential fee) to individuals with low incomes, as Dated: September 15, 2020. business information. Additionally, if determined by the Secretary, who: (a) Have a high cost sharing Kenley McQueen, you include your name, contact requirement for either insulin or Regional Administrator, Region 6. information, or other information that identifies you in the body of your injectable epinephrine; [FR Doc. 2020–20678 Filed 9–25–20; 8:45 am] comments, that information will be (b) have a high unmet deductible; or BILLING CODE 6560–50–P posted as well. (c) have no health care insurance. FOR FURTHER INFORMATION CONTACT: Under section 330(k)(3) of the Act, the Jennifer Joseph, Director, Office of Secretary may not approve an DEPARTMENT OF HEALTH AND Policy and Program Development, application for a grant under HUMAN SERVICES Bureau of Primary Health Care, Health subparagraph (A) or (B) of subsection (e)(1) unless the Secretary determines 42 CFR Part 51c Resources and Services Administration, 5600 Fishers Lane, Rockville, Maryland that the entity for which the application RIN 0906–AB25 20857; email: [email protected]; is submitted meets the requirements telephone: 301–594–4300; fax: 301– enumerated in section 330(k)(3)(A)–(N). Implementation of Executive Order 594–4997. Section 330(k)(3)(N) requires that ‘‘the 13937, ‘‘Executive Order on Access to center has written policies and SUPPLEMENTARY INFORMATION: Affordable Life-Saving Medications’’ procedures in place to ensure the I. Background AGENCY: Health Resources and Services appropriate use of Federal funds in Administration (HRSA), Department of On March 13, 2020, President Trump compliance with applicable Federal Health and Human Services (HHS). declared the ongoing Coronavirus statutes, regulations, and the terms and conditions of the Federal award.’’ ACTION: Notice of proposed rulemaking. Disease COVID–19 pandemic of sufficient severity and magnitude to Consistent with the Act, the HRSA SUMMARY: The Department of Health and warrant an emergency declaration for all would include in the Terms section of Human Services (HHS) proposes to states, territories, and the District of applicable Notices of Award (NOAs) implement the Executive Order 13937 Columbia. With the COVID–19 issued under section 330(e) grant (Executive Order) of July 24, 2020. The emergency, many low-income awards, the requirement that health Executive Order requires that entities individuals are experiencing significant center awardees comply with the funded under section 330(e) of the economic hardship. These low-income discounted price provisions described Public Health Service Act (PHS Act or individuals who are dependent upon herein. the Act), whether by receiving a federal the life-saving medications of insulin This proposed regulation would apply award or a subaward, and who also and/or injectable epinephrine are now to new grants and new project periods participate in the 340B Drug Pricing less able to access these drugs at an for service area, new access point, Program, must establish practices to affordable price. On July 24, 2020, supplemental, and expanded services provide access to insulin and injectable President Trump issued Executive awards issued under section 330(e) of epinephrine to low-income patients at Order 13937 (Executive Order), the PHS Act. the price the health center purchased ‘‘Executive Order on Access to II. Statutory Authority these two drugs through the 340B Drug Affordable Life-saving Medications,’’ Pricing Program. The Executive Order was issued to direct health centers that The statement of authority for 42 CFR supports the improved access to these receive grants under section 330(e) of part 51c continues to read section 330 life-saving medications by low-income the PHS Act to support the improved of the PHS Act (42 U.S.C. 254b) and individuals who do not have access to access to certain life-saving medications section 215 of the PHS Act, (42 U.S.C. affordable insulin and injectable by low income individuals. As provided 216). epinephrine due to either lack of in the Executive Order, it is the policy III. Discussion of Proposed Rule insurance or high cost sharing of the United States to enable requirements. HHS is seeking public Americans without access to affordable Overview comment on this notice of proposed insulin and injectable epinephrine The Executive Order was issued to rulemaking (NPRM). through commercial insurance or support the improved access to certain DATES: Written comments and related Federal programs, such as Medicare and life-saving medications for low-income material to this proposed rule must be Medicaid, to purchase these individuals. HRSA is proposing to

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establish a requirement for awarding ‘‘patient’’ of the health center for this How will the HRSA define the terms new grants under section 330(e) of the purpose if the only health care service and phrases, such as ‘‘minimal PHS Act (42 U.S.C. 254b) that the received by the individual from the administration fee,’’ in the Executive awardee have established written health center is the dispensing of a drug Order? practices to make insulin and injectable or drugs for subsequent self- HRSA proposes to define the epinephrine available at or below the administration or administration in the following terms and to assist health discounted price paid by the health home setting. Notice Regarding Section centers in complying with, and center grantee or sub-grantee under the 602 of the Veterans Health Care Act of implementing the Executive Order. 340B Drug Pricing Program (plus a 1992 Patient and Entity Eligibility, 61 1. ‘‘Established practices’’: The health minimal administration fee) to FR 55,156 (Oct. 24, 1996). Nothing in center demonstrates through its written individuals with low incomes who: (a) this Program Term or the actions policies, procedures, and/or other Have a high cost sharing requirement for described in this NPRM prohibits or relevant documents that it has either insulin or injectable epinephrine, otherwise restricts a health center from established practices to offer insulin and (b) have a high unmet deductible, or (c) setting the price for insulin or injectable injectable epinephrine at no more than have no health insurance. This NPRM epinephrine lower than the price the the discounted price paid by the health also provides definitions relevant to this health center paid through the 340B center under the 340B Drug Pricing requirement. Drug Pricing Program. Program plus a minimal administration fee. This Program Term would be 1. What is the proposed requirement? 2. ‘‘Health center grantee or sub- included on all Notices of Award issued The proposed requirement for all grantee’’: The Executive Order cites to health centers receiving grants under awards under section 330(e) is as section 1905(l)(2)(B)(i) and (ii) of the section 330(e) of the Act. follows: Social Security Act, as amended (42 Under Executive Order 13937, issued 2. How would HRSA ensure that a U.S.C. 1396d(l)(2)(B)(i) and (ii)). These July 24, 2020, if your health center, or health center has established practices two subparagraphs refer to organizations a subrecipient, receives section 330(e) in order to receive an award under receiving an award under section 330 of funding, is enrolled in the 340B Drug section 330(e) under this proposed rule? the PHS Act (health centers) directly or Pricing Program and purchases, is as a subrecipient of grant funding. For reimbursed, or provides reimbursement The Executive Order states that future purposes of this NPRM, this definition to other entities for insulin and grants under section 330(e) should be of health center grantee or subgrantee injectable epinephrine, whether conditioned upon health centers or would be defined as organizations obtained using federal or non-federal subrecipients participating in the 340B receiving funding under section 330(e) funds, your health center must have Drug Pricing Program, including of the PHS Act. established practices to make insulin through contract pharmacy 3. ‘‘Minimal administration fee’’: This and injectable epinephrine available to arrangements, having established NPRM proposes that health centers low-income health center patients practices to make insulin and injectable would be expected to offer insulin and (defined herein as those individuals or epinephrine accessible at an affordable injectable epinephrine at or below the families with annual incomes at or price to low income health center price the health center paid through the below 350% of the Federal Poverty patients. To implement this 340B Program, plus a minimal Guidelines)—who either have insurance requirement, all future awards made administration fee. As the Executive with a high cost sharing requirement for available under section 330(e) would Order does not allow any other charge either insulin or injectable epinephrine, include the requirement that health for these two categories of drugs, the as applicable, a high unmet deductible, centers participating in the 340B Drug minimal administration fee would be or who have no health insurance—at or Pricing Program comply with the expected to include any dispensing fee, below the price the health center paid proposed regulation as described in the counseling costs, and any other charges through the 340B Drug Pricing Program, Program Term in order to receive a grant associated with the patient receiving the plus a minimal administration fee. You award. Specifically, these competitions medication. As the fee must be are not required to charge third party would require health centers that ‘‘minimal,’’ consistent with the stated payors this discounted price. receive section 330(e) funding and that policy of the Executive Order, the Consistent with the Executive Order, participate in the 340B Drug Pricing administration fee should not create a this Term would only apply to health Program to have established practices barrier to low income patients accessing centers receiving section 330(e) grant that implement the Executive Order by these drugs, and health centers should funds that participate in the 340B Drug offering insulin and injectable make every reasonable effort to keep the Pricing Program (42 U.S.C. 254b). This epinephrine to patients at no more than fee as low as possible. Health centers requirement is limited to increasing the same price the health center paid may consider referring to the Medicaid affordable access to insulin and through the 340B Program plus a dispensing fee in their state 1 as a injectable epinephrine. The requirement minimal administration fee. Health comparison for what may be considered to make these two drug categories centers that have one or more a minimal administration fee. Please available at or below the same price subgrantees that participate in the 340B note that when there is a separate fee paid through the 340B Drug Pricing Program must demonstrate such associated with provision of the Program does not apply to other 340B subgrantees have established practices pharmaceutical service, such as a drugs. Health centers subject to this to offer patients these 340B discounted dispensing fee, health centers must requirement would be expected to drugs as described in this proposed rule. apply a sliding fee discount to that fee. provide drugs in these two categories at In particular, these practices would The Health Center Program Compliance or below the price paid through the provide information to patients in an Manual’s Sliding Fee Discount Program 340B Drug Pricing Program to health easily understandable format regarding center patients only, and further only to their administration fees, and the low- 1 Please see https://www.medicaid.gov/medicaid/ those health center patients identified as income, high cost sharing, and high prescription-drugs/state-prescription-drug- resources/medicaid-covered-outpatient- low income, as described below. An unmet deductibles standard as prescription-drug-reimbursement-information-state/ individual would not be considered a described in this proposed regulation. index.html for further information.

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Chapter specifies the requirements of a (January 8, 2011), the Regulatory scope to two classes of drugs that are of health center’s sliding fee discount Flexibility Act (Pub. L. 96–354, particular need and it aligns with the program for in-scope services including September 19, 1980), the Unfunded mission and related Health Center pharmaceutical services.2 Mandates Reform Act of 1995 (Pub. L. Program requirements of health centers 4. ‘‘Individuals with low incomes’’: 104–4), and Executive Order 13132 on to provide access to care for vulnerable The NPRM proposes that low income Federalism (August 4, 1999). HHS has individuals and families, HHS believes would be defined as individuals and also considered E.O. 13771 and has it will have minimal economic impacts families with annual incomes of no determined that the associated on health centers. The economic impact greater than 350 percent of the Federal designation will be informed by public is also expected to be minimal given the Poverty Guidelines. comments received. proposed rule is limited to only two 5. ‘‘High cost sharing requirement’’: drug products which are available under Executive Orders 12866 and 13563 For purposes of this NPRM, cost sharing the 340B Program at significantly refers to a patient’s out-of-pocket costs, Executive Orders 12866 and 13563 reduced prices. Therefore, OMB has not including, but not limited to, direct agencies to assess all costs and designated this proposed rule as deductibles, coinsurance, and benefits of available regulatory ‘‘economically significant’’ under copayments, or similar charges. More alternatives and, if regulation is section 3(f)(1) of the Executive Order specifically, a cost sharing requirement necessary, to select regulatory 12866. HHS welcomes comments that exceeds twenty percent of the approaches that maximize net benefits concerning the economic impact of this amount the health center is charging (including potential economic, proposed rule. environmental, public health and safety patients for the drug would be The Regulatory Flexibility Act (RFA) considered a high cost sharing effects, distributive impacts, and requirement. equity). Executive Order 13563 is The Regulatory Flexibility Act (5 6. ‘‘High deductible’’: High deductible supplemental to and reaffirms the U.S.C. 601 et seq.) (RFA) and the Small refers to a deductible amount that is not principles, structures, and definitions Business Regulatory Enforcement and less than the amount required for a high governing regulatory review as Fairness Act of 1996, which amended deductible health plan as defined in established in Executive Order 12866, the RFA, require HHS to analyze section 223(c)(2)(A) of the Internal emphasizing the importance of options for regulatory relief of small Revenue Code, which, for 2020, is any quantifying both costs and benefits, of businesses. If a rule has a significant plan with a deductible of at least $1,400 reducing costs, of harmonizing rules, economic effect on a substantial number for an individual or $2,800 for a family, and of promoting flexibility. Section 3(f) of small entities, the Secretary must with out-of-pocket costs not to exceed of Executive Order 12866 defines a specifically consider the economic $6,900 for an individual and $13,800 for ‘‘significant regulatory action’’ as an effect of the rule on small entities and a family for in-network services. For action that is likely to result in a rule: analyze regulatory options that could 2021, the deductible limits would (1) Having an annual effect on the lessen the impact of the rule. HHS will remain the same, while the limits for economy of $100 million or more in any use an RFA threshold of at least a 3 out-of-pocket costs would increase to 1 year, or adversely and materially percent impact on at least 5 percent of $7,000 for self-only coverage and affecting a sector of the economy, small entities. For purposes of the RFA, HHS $14,000 for family coverage. When the productivity, competition, jobs, the considers all health care providers to be Internal Revenue Service (IRS) updates environment, public health or safety, or small entities either by meeting the these figures, HRSA will post the State, local, or Tribal governments or Small Business Administration (SBA) updated high deductible amounts on the communities (also referred to as ‘‘economically significant’’); (2) creating size standard for a small business, or for Health Center Program website. 7. ‘‘High unmet deductible’’: High a serious inconsistency or otherwise being a nonprofit organization that is unmet deductible refers to the amount interfering with an action taken or not dominant in its market. The current a patient owes toward his/her high planned by another agency; (3) SBA size standard for health care materially altering the budgetary deductible at any time during a plan providers ranges from annual receipts of impacts of entitlement grants, user fees, year in which the portion of the $8 million to $41.5 million. As of or loan programs or the rights and patient’s high deductible for the plan August 8, 2020, the Health Center obligations of recipients thereof; or (4) year that has not yet been met exceeds Program provides grant funding under raising novel legal or policy issues 20% of the deductible, regardless of the section 330(e) of the PHS Act to 1,310 arising out of legal mandates, the total annual deductible of the health organizations to provide health care to President’s priorities, or the principles insurance plan. medically underserved communities. set forth in the Executive Order. A 8. ‘‘Health insurance Health insurance HHS has determined, and the Secretary regulatory impact analysis (RIA) must refers to private insurance, State and certifies, that this proposed rule will not be prepared for major rules with exchange plans, employer-funded plans, have a significant impact on the economically significant effects ($100 and coverage under titles XVIII, XIX, operations of a substantial number of million or more in any 1 year), and a and XXI of the Social Security Act. small health centers; therefore, we are ‘‘significant’’ regulatory action is subject not preparing an analysis of impact for IV. Regulatory Impact Analysis to review by the Office of Management this RFA. HHS estimates that the HHS has examined the effects of this and Budget (OMB). economic impact on small entities HHS does not believe that this rule, if proposed rule as required by Executive would be minimal; therefore, we are not finalized, will have an economic impact Order 12866 on Regulatory Planning preparing an analysis of impact for the of $100 million or more in any 1 year, and Review (September 30, 1993), purposes of the RFA. HHS welcomes or adversely and materially affecting a Executive Order 13563 on Improving comments concerning the impact of this sector of the economy, productivity, Regulation and Regulatory Review proposed rule on health centers. competition, jobs, the environment, Unfunded Mandates Reform Act 2 Please see https://bphc.hrsa.gov/ public health or safety, or State, local, programrequirements/compliancemanual/chapter- or Tribal governments or communities. Section 202(a) of the Unfunded 9.html#titletop for further information. Because this proposed rule is limited in Mandates Reform Act of 1995 requires

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that agencies prepare a written Dated: September 21, 2020. (iii) Minimal administration fee. The statement, which includes an Thomas J. Engels, minimal administration fee includes assessment of anticipated costs and Administrator, Health Resources and Services any dispensing fee, counseling costs, benefits, before proposing ‘‘any rule that Administration. and any other charges associated with includes any Federal mandate that may Dated: September 22, 2020. the patient receiving the medication. result in the expenditure by State, local, Alex M. Azar II, The administration fee may not create a and Tribal governments, in the Secretary, Department of Health and Human barrier to low-income patients accessing aggregate, or by the private sector, of Services. these drugs, and health centers should $100 million or more (adjusted annually make every reasonable effort to keep the Accordingly, 42 CFR part 51c is fee as low as possible. Health centers for inflation) in any one year.’’ In 2019, proposed to be amended as follows: that threshold level was approximately may refer to the Medicaid dispensing $164 million. HHS does not expect this PART 51c—GRANTS FOR fee in their state as a reference for minimal administration fees. When rule to exceed the threshold. COMMUNITY HEALTH CENTERS there is a separate fee associated with Executive Order 13132—Federalism ■ 1. The authority statement for part 51c provision of the pharmaceutical service, is revised to read as follows: such as a dispensing fee, health centers HHS has reviewed this proposed rule must apply a sliding fee discount to that in accordance with Executive Order Authority: Sec. 330, Public Health Service Act, (42 U.S.C. 254b); sec. 215, Public Health fee. 13132 regarding federalism, and has Service Act, (42 U.S.C. 216). (iv) Individuals with low incomes. determined that it does not have Individuals and families with annual ■ ‘‘federalism implications.’’ This 2. Section 51c.303 is amended by incomes no greater than 350 percent of proposed rule would not ‘‘have adding paragraph (w) to read as follows: the Federal Poverty Guidelines. substantial direct effects on the States, § 51c.303 Project elements. (v) High cost sharing requirement. A or on the relationship between the * * * * * cost sharing requirement that exceeds national government and the States, or (w)(1) Provision. To the extent that an twenty percent of the amount the health on the distribution of power and applicant has indicated that it plans to center charges its patients for the drug responsibilities among the various distribute, either directly, or through a is a high cost sharing requirement. Cost levels of government.’’ This proposed written agreement, drugs purchased sharing refers to a patient’s out-of- rule would not adversely affect the through the 340B Drug Discount pocket costs, including, but not limited following family elements: Family Program (42 U.S.C. 256b), and to the to, deductibles, coinsurance, and safety, family stability, marital extent that such applicant plans to make copayments, or similar charges. commitment; parental rights in the insulin and/or injectable epinephrine (vi) High deductible. High deductible education, nurture, and supervision of available to its patients, the applicant refers to a deductible amount that is not less than the amount required for a high their children; family functioning, shall provide an assurance that it has deductible health plan as defined in disposable income or poverty; or the established practices provide insulin section 223(c)(2)(A) of the Internal behavior and personal responsibility of and injectable epinephrine at or below the discounted price paid by the health Revenue Code, as implemented by the youth, as determined under section Internal Revenue Service. 654(c) of the Treasury and General center grantee or sub-grantee under the 340B Drug Pricing Program (plus a (vii) High unmet deductible. High Government Appropriations Act of unmet deductible refers to the amount 1999. minimal administration fee) to individuals with low incomes, as a patient owes toward his/her high Paperwork Reduction Act of 1995 determined by the Secretary, who have deductible at any time during a plan a high cost sharing requirement for year in which the outstanding The Paperwork Reduction Act of 1995 either insulin or injectable epinephrine; deductible portion exceeds 20% of the (44 U.S.C. 3507(d)) requires that OMB have a high unmet deductible; or have total deductible, regardless of the total approve all collections of information no health insurance. annual deductible of the health by a federal agency from the public (2) Definitions. For purposes of this insurance plan. before they can be implemented. This paragraph (w) exclusively: (viii) Health insurance. Health proposed rule is projected to have no (i) Established practices. The health insurance refers private insurance, State impact on current reporting and center has written policies, procedures, and exchange plans, employer-funded recordkeeping burden for health centers. and/or other relevant documents that it plans, and coverage under titles XVIII, This proposed rule would result in no has established practices to offer insulin XIX, and XXI of the Social Security Act. new reporting burdens. Comments are and injectable epinephrine at no more (ix) ‘‘Patient.’’ For purposes of this welcome on the accuracy of this than the discounted price paid by the subsection, an individual would not be considered a ‘‘patient’’ of the health statement. health center under the 340B Drug Pricing Program plus a minimal center for this purpose if the only health List of Subjects in 42 CFR Part 51c administration fee. care service received by the individual (ii) Health center grantee or sub- from the health center is the dispensing Grant programs—Health, Health care, grantee. Organizations receiving an of a drug or drugs for subsequent self- Health facilities, Reporting and award under section 330(e) of the PHS administration or administration in the recordkeeping requirements. Act (i.e., health centers) directly or as home setting. subgrantees of section 330(e) grant [FR Doc. 2020–21358 Filed 9–24–20; 4:15 pm] funding. BILLING CODE 4165–15–P

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Notices Federal Register Vol. 85, No. 188

Monday, September 28, 2020

This section of the FEDERAL REGISTER displays a currently valid OMB control Description of Respondents: State, contains documents other than rules or number. Local, or Tribal Government. proposed rules that are applicable to the Number of Respondents: 269. Food and Nutrition Service public. Notices of hearings and investigations, Frequency of Responses: Reporting: committee meetings, agency decisions and Title: WIC Breastfeeding Award of Annually. rulings, delegations of authority, filing of Excellence. petitions and applications and agency Total Burden Hours: 574. OMB Control Number: 0584–0591. statements of organization and functions are Ruth Brown, examples of documents appearing in this Summary of Collection: The Healthy, Departmental Information Collection section. Hunger-Free Kids Act of 2010 (HHFKA) Clearance Officer. (Pub. L. 111–296, Sec 231) requires the U.S. Department of Agriculture (USDA) [FR Doc. 2020–21323 Filed 9–25–20; 8:45 am] DEPARTMENT OF AGRICULTURE to implement a program to recognize BILLING CODE 3410–30–P exemplary breastfeeding support Submission for OMB Review; practices at Women, Infants, and DEPARTMENT OF AGRICULTURE Comment Request Children (WIC) local agencies and September 23, 2020. clinics. The WIC program, of which the Submission for OMB Review; The Department of Agriculture has breastfeeding award of excellence is a Comment Request submitted the following information part, is authorized by the Child collection requirement(s) to OMB for Nutrition Act of 1966 (42 U.S.C. 1787). September 23, 2020. review and clearance under the The award program for breastfeeding The Department of Agriculture has Paperwork Reduction Act of 1995, excellence was originally titled the submitted the following information Public Law 104–13. Comments are Loving Support Award of Excellence, collection requirement(s) to OMB for requested regarding; whether the consistent with the former WIC review and clearance under the collection of information is necessary breastfeeding campaign, Loving Support Paperwork Reduction Act of 1995, for the proper performance of the Makes Breastfeeding Work. In 2018, the Public Law 104–13. Comments are functions of the agency, including WIC breastfeeding campaign was requested regarding; whether the whether the information will have updated and rebranded as WIC collection of information is necessary practical utility; the accuracy of the Breastfeeding Support so the name of for the proper performance of the agency’s estimate of burden including the award program was changed as well. functions of the agency, including the validity of the methodology and Need and Use of the Information: whether the information will have assumptions used; ways to enhance the While HHFKA mandates that the USDA practical utility; the accuracy of the quality, utility and clarity of the provide a program to recognize agency’s estimate of burden including information to be collected; and ways to exemplary breastfeeding support the validity of the methodology and minimize the burden of the collection of practices, it is voluntary for the WIC assumptions used; ways to enhance the information on those who are to local agencies and clinics to apply for quality, utility and clarity of the respond, including through the use of an award. Information is collected from information to be collected; and ways to appropriate automated, electronic, the WIC local agencies to apply for an minimize the burden of the collection of mechanical, or other technological award and used by the WIC state information on those who are to collection techniques or other forms of agencies to evaluate the applications. respond, including through the use of information technology. The award application period is open appropriate automated, electronic, Comments regarding this information once annually, and has been designed to mechanical, or other technological collection received by October 28, 2020 allow local WIC agencies at different collection techniques or other forms of will be considered. Written comments stages of progress in breastfeeding information technology. and recommendations for the proposed promotion and support program Comments regarding this information information collection should be development to apply for an award. The collection received by October 28, 2020 submitted within 30 days of the information collection will meet the will be considered. Written comments publication of this notice on the HHFKA requirement to implement a and recommendations for the proposed following website www.reginfo.gov/ program to recognize exemplary information collection should be public/do/PRAMain. Find this breastfeeding support practices at WIC submitted within 30 days of the particular information collection by local agencies and clinics. The publication of this notice on the selecting ‘‘Currently under 30-day information collected through this following website www.reginfo.gov/ Review—Open for Public Comments’’ or program will be used to evaluate public/do/PRAMain. Find this by using the search function. components of existing breastfeeding particular information collection by An agency may not conduct or programs and support within WIC local selecting ‘‘Currently under 30-day sponsor a collection of information agencies, to recognize local WIC Review—Open for Public Comments’’ or unless the collection of information agencies that provide exemplary by using the search function. displays a currently valid OMB control breastfeeding programs and support An agency may not conduct or number and the agency informs services, and to provide examples of sponsor a collection of information potential persons who are to respond to model programs to motivate local unless the collection of information the collection of information that such agencies and clinics to strengthen their displays a currently valid OMB control persons are not required to respond to breastfeeding promotion and support number and the agency informs the collection of information unless it activities. potential persons who are to respond to

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the collection of information that such OMB Control Number: 0579–0310. whether the information will have persons are not required to respond to Summary of Collection: Under the practical utility; (2) the accuracy of the the collection of information unless it Plant Protection Act (7 U.S.C. 7701 et agency’s estimate of burden including displays a currently valid OMB control seq.), the Secretary of Agriculture, either the validity of the methodology and number. independently or in cooperation with assumptions used; (3) ways to enhance the States, is authorized to carry out the quality, utility and clarity of the Animal and Plant Health Inspection operations or measures to detect, information to be collected; and (4) Service eradicate, suppress, control, prevent, or ways to minimize the burden of the Title: National Veterinary retard the spread of plant pest new to collection of information on those who Accreditation Program Application the United States or not widely are to respond, including through the Form. distributed throughout the United use of appropriate automated, OMB Control Number: 0579–0297. States. Under ‘‘Subpart X— electronic, mechanical, or other Summary of Collection: The Animal Phytophthora Ramorum’’ (7 CFR 301.92 technological collection techniques or Health Protection Act, (APHA) of 2002 through 301.92–12, referred to as the other forms of information technology. is the primary Federal law governing the regulation), USDA’s Animal and Plant Comments regarding these protection of animal health. The APHA Health Inspection Service (APHIS) information collections are best assured is contained in 7 U.S.C. 8301, et. seq., restricts the interstate movement of of having their full effect if received by and were created the Farm Security and certain regulated and restricted articles October 28, 2020. Written comments Rural Investment Act of 2002. The law from quarantined areas and regulated and recommendations for the proposed gives the Secretary of Agriculture broad establishments to prevent the artificial information collection should be authority to detect, control, or eradicate spread of Phytophthora ramorum, the submitted within 30 days of the pests or diseases of livestock or poultry. pathogen that causes the plant disease publication of this notice on the The Animal and Plant Health Inspection commonly known as sudden oak death, following website www.reginfo.gov/ Service (APHIS) is the agency charged ramorum left blight, and ramorum public/do/PRAMain. Find this with carrying out this disease dieback. particular information collection by prevention mission. For APHIS to Need and Use of the Information: To selecting ‘‘Currently under 30-day conduct all its disease prevention tasks, control the spread of P. ramorum, Review—Open for Public Comments’’ or it utilizes APHIS-certified private APHIS enters into a compliance by using the search function. veterinarians to work cooperatively with agreement with State plant health An agency may not conduct or Federal and State animal health agencies and businesses, conducts sponsor a collection of information authorities on the Agency’s behalf. inspections of facilities and records, and unless the collection of information These veterinarians obtain their requires plant testing. It also issues displays a currently valid OMB control certification through the APHIS emergency action notifications. Without number and the agency informs National Veterinary Accreditation these activities, P. ramorum would potential persons who are to respond to Program (NVAP) which has an potentially spread to unaffected forests, the collection of information that such application and renewal process. adversely impacting the ecosystem persons are not required to respond to Need and Use of the Information: balances, foreign/domestic nursery the collection of information unless it APHIS will use VS form 1–36A, stocks, and lumber markets. displays a currently valid OMB control National Veterinary Accreditation Description of Respondents: State number. Program Application Form to collect plant health officials; Business or other National Agricultural Statistics Service information to certify private for-profit. (NASS) veterinarians to work Federal and State Number of Respondents: 43. animal health authorities to prevent Frequency of Responses: Reporting; Title: Agricultural Resource disease and carry out disease Recordkeeping: On occasion. Management and Chemical Use surveillance on USDA’s behalf. Total Burden Hours: 224. Surveys—Substantive Change. OMB Control Number: 0535–0218. Applicants may appeal denial, Ruth Brown, revocation, or suspension of accredited Summary of Collection: General Departmental Information Collection authority for these data collection status. The written appeal is prepared in Clearance Officer. letter format and signed by the denied activities is granted under U.S. Code [FR Doc. 2020–21327 Filed 9–25–20; 8:45 am] Title 7, Section 2204 which specifies veterinarian. If information from BILLING CODE 3410–34–P accredited veterinarians was collected that ‘‘The Secretary of Agriculture shall less frequently or not collected, APHIS procure and preserve all information concerning agriculture which he can would lose access to professional and DEPARTMENT OF AGRICULTURE demographic data for more than 100,000 obtain . . . by the collection of statistics cooperators, and APHIS coverage of Submission for OMB Review; . . .’’. The primary objective of the veterinary, plant, and agricultural Comment Request National Agricultural Statistics Service activities would be proportionately (NASS) is to provide data users with reduced. September 23, 2020. timely and reliable agricultural Description of Respondents: Business The Department of Agriculture will production and economic statistics, as or other for-profit. submit the following information well as environmental and specialty Number of Respondents: 23,800. collection requirement(s) to OMB for agricultural related statistics. To Frequency of Responses: Reporting: review and clearance under the accomplish this objective, NASS relies On occasion. Paperwork Reduction Act of 1995, on the use of diverse surveys that show Total Burden Hours: 11,901. Public Law 104–13 on or after the date changes within the farming industry of publication of this notice. Comments over time. Animal and Plant Health Inspection are requested regarding: (1) Whether the Using the Agricultural Resource Service collection of information is necessary Management Survey (ARMS) and the Title: Phytophthora Ramorum; for the proper performance of the Vegetable Chemical Use Survey, NASS Quarantine and Regulations. functions of the agency, including collects environmental data, which

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includes cropping practices, fertilizer Total Burden Hours: 104,934. Summary of Collection: Funding for applications, pesticide usage for weeds, the Children, Youth, and Families at Ruth Brown, insects, fungus, mold, etc., and the use Risk (CYFAR) is authorized under Departmental Information Collection of various pest management practices. Clearance Officer. section 3(d) of the Smith-Lever Act (7 Through cooperative agreements with U.S.C. 341 et seq.), as amended and [FR Doc. 2020–21337 Filed 9–25–20; 8:45 am] the Economic Research Service and the other relevant authorizing legislation, BILLING CODE 3410–20–P Office of Pest Management Policy NASS which provides jurisdictional basis for collects additional data to aid in their the establishment and operation of research. Additional questions were DEPARTMENT OF AGRICULTURE extension educational work for the added to the ARMS III questionnaires to benefit of youth and families in measure the impact the COVID–19 Submission for OMB Review; communities. The CYFAR funding pandemic has had on the farming Comment Request program supports community-based industry in 2020. Complete listings of programs serving children, youth, and September 23, 2020. the questions added, deleted or changed families in at risk environments. CYFAR The Department of Agriculture has on each questionnaire version are funds are intended to support the submitted the following information attached to this submission. development of high quality, effective collection requirement(s) to OMB for The COVID–19 pandemic has altered review and clearance under the programs based on research and to the modes of data collection. In Paperwork Reduction Act of 1995, document the impact of these programs previous years, NASS has relied Public Law 104–13. Comments are on intended audiences which are primarily on data collection by personal requested regarding: Whether the children, youth, and families in at-risk interviews for the ARMS and Chemical collection of information is necessary environments. Use Surveys. With social distancing, for the proper performance of the Need and Use of the Information: The NASS will incorporate a computer functions of the agency, including purpose of the CYFAR Year End Report assisted web interview (CAWI) along whether the information will have is to collect the demographic and with a computer assisted telephone practical utility; the accuracy of the impact data from each community site interview (CATI). Operators will also be agency’s estimate of burden including in order to evaluate the impact of the able to complete the questionnaire by the validity of the methodology and programs on intended audiences. Data mail if they choose to. With these assumptions used; ways to enhance the from the CYFAR annual reports helps changes to data collection modes NASS quality, utility and clarity of the National Program Leaders at the will postpone the ARMS II and III rice information to be collected; and ways to National Institute of Food and versions until 2021. The remaining minimize the burden of the collection of Agriculture (NIFA) to refine and versions will be conducted in 2020. information on those who are to improve program focus and respond, including through the use of effectiveness in the delivery of these The overall annual, average sample appropriate automated, electronic, funds. The CYFAR data is also used to size for the ARMS and Chemical Use mechanical, or other technological respond to requests for impact program will remain at 131,610. The collection techniques or other forms of burden minutes for the ARMS III information technology. information from Congress, the White questionnaires were increased to Comments regarding this information House, and other Federal agencies. account for the additional questions collection received by October 28, 2020 Without the information NIFA would added to each version in the previous will be considered. Written comments not be able to verify if CYFAR programs submission. No additional burden is and recommendations for the proposed are reaching at risk, low-income being added for the changes included in information collection should be audiences. this submission. submitted within 30 days of the Description of Respondents: State, A detailed listing of the questions that publication of this notice on the Local or Tribal Government. have been updated are attached to this following website www.reginfo.gov/ Number of Respondents: 51. submission. The delaying of the ARMS public/do/PRAMain. Find this particular information collection by Frequency of Responses: Reporting: II and ARMS III rice surveys until 2021 Annually. results in a decrease in respondent selecting ‘‘Currently under 30-day burden for 2020 but an increase in 2021 Review—Open for Public Comments’’ or Total Burden Hours: 16,422. by using the search function. resulting in no changes to the annual Ruth Brown, average burden under this three year An agency may not conduct or sponsor a collection of information Departmental Information Collection approval. unless the collection of information Clearance Officer. Need and Use of the Information: The displays a currently valid OMB control [FR Doc. 2020–21354 Filed 9–25–20; 8:45 am] Office of Pest Management Policy number and the agency informs BILLING CODE 3410–09–P (OPMP), the Economic Research Service potential persons who are to respond to (ERS), universities, and numerous other the collection of information that such State and Federal Agencies will be able persons are not required to respond to to better address changes in the farming the collection of information unless it practices and chemicals used on these displays a currently valid OMB control crops that have occurred since the number. original approval of this docket. National Institute of Food and Description of Respondents: Farms. Agriculture Number of Respondents: 131,610. Title: Children, Youth, and Families Frequency of Responses: Reporting: at Risk (CYFAR) Year End Report. Once. OMB Control Number: 0524–0043.

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DEPARTMENT OF AGRICULTURE petitions/petitions/petition-status under regarding a petition once APHIS deems APHIS petition 19–099–01p. it complete. On July 25, 2019, we Animal and Plant Health Inspection FOR FURTHER INFORMATION CONTACT: Ms. published in the Federal Register (84 Service Cynthia Eck, Team Lead, FR 35849–35850, Docket No. APHIS– 2019–0037) a notice 3 regarding the [Docket No. APHIS–2019–0037] Communications Group, Biotechnology Regulatory Services, APHIS, 4700 River availability of the Westhoff petition for Westhoff Vertriebsgesellschaft mbH; Road Unit 146, Riverdale, MD 20737– public comment. APHIS solicited Availability of Preliminary Plant Pest 1236; (301) 851–3892; cynthia.a.eck@ comments on the petition for 60 days Risk Assessment, Draft Environmental usda.gov. ending September 23, 2019, in order to help identify potential environmental Assessment, and Preliminary Finding SUPPLEMENTARY INFORMATION: Under the and interrelated economic issues and of No Significant Impact for authority of the plant pest provisions of impacts that APHIS may determine Determination of Nonregulated Status the Plant Protection Act (7 U.S.C. 7701 should be considered in our evaluation of Petunias Genetically Engineered for et seq.), the regulations in 7 CFR part of the petition. Flower Color 340, ‘‘Introduction of Organisms and Nine comments were received. Seven Products Altered or Produced Through AGENCY: Animal and Plant Health were supportive of the petition, while Genetic Engineering Which Are Plant Inspection Service, USDA. two were opposed but did not discuss Pests or Which There Is Reason to the petition itself. APHIS evaluated the ACTION: Notice. Believe Are Plant Pests,’’ regulate, issues raised during the initial comment among other things, the introduction SUMMARY: We are advising the public period and, where appropriate, (importation, interstate movement, or that the Animal and Plant Health provided a discussion of these issues in release into the environment) of Inspection Service has prepared a our draft environmental assessment organisms and products altered or preliminary plant pest risk assessment, (EA). produced through genetic engineering draft environmental assessment, and After public comments are received that are plant pests or that there is preliminary finding of no significant on a completed petition, APHIS reason to believe are plant pests. Such impact regarding a request from evaluates those comments and then genetically engineered (GE) organisms Westhoff Vertriebsgesellschaft mbH provides a second opportunity for and products are considered ‘‘regulated seeking a determination of nonregulated public involvement in our decision- articles.’’ status of petunias containing the A1 making process. Pursuant to the terms set forth in a gene from maize (A1–DFR Petunias), According to our public review final rule published in the Federal which have been genetically engineered process (see footnote 2), the second Register on May 17, 2020 (85 FR 29790– to add a new color (orange) and opportunity for public involvement 29838, Docket No. APHIS–2018–0034),1 brilliance to the flowers. We are making follows one of two approaches, as any person may submit a petition to the these documents available for public described below. Animal and Plant Health Inspection review and comment. If APHIS decides, based on its review Service (APHIS) seeking a DATES: of the petition and its evaluation and We will consider all comments determination that an article should not analysis of comments received during that we receive on or before October 28, be regulated under 7 CFR part 340. the 60-day public comment period on 2020. APHIS received a petition (APHIS the petition, that the petition involves a ADDRESSES: You may submit comments Petition Number 19–099–01p) from GE organism that raises no substantive by either of the following methods: Westhoff Vertriebsgesellschaft mbH new issues, APHIS will follow • Federal eRulemaking Portal: Go to (Westhoff) seeking a determination of Approach 1 for public involvement. http://www.regulations.gov/ nonregulated status for petunias Under Approach 1, APHIS announces in #!docketDetail;D=APHIS-2019-0037. containing the A1 gene from maize (A1– the Federal Register the availability of • Postal Mail/Commercial Delivery: DFR Petunias), which have been APHIS’ preliminary regulatory Send your comment to Docket No. genetically engineered to add a new determination along with its draft EA, APHIS–2019–0037, Regulatory Analysis color (orange) and brilliance to the preliminary finding of no significant and Development, PPD, APHIS, Station flowers. The Westhoff petition stated impact (FONSI), and its preliminary 3A–03.8, 4700 River Road Unit 118, that the plants with the new flower plant pest risk assessment (PPRA) for a Riverdale, MD 20737–1238. color and brilliance are unlikely to pose 30-day public review period. APHIS The preliminary plant pest risk a plant pest risk and, therefore, should will evaluate any information received assessment, draft environmental not be considered a regulated article related to the petition and its supporting assessment, and any comments we under APHIS’ regulations in part 340. documents during the 30-day public receive on this docket may be viewed at According to our process 2 for review period. http://www.regulations.gov/ soliciting public comment when Under Approach 2, if APHIS decides, #!docketDetail;D=APHIS-2019-0037 or considering petitions for determination based on its review of the petition and in our reading room, which is located in of nonregulated status of GE organisms, its evaluation and analysis of comments Room 1620 of the USDA South APHIS accepts written comments Building, 14th Street and Independence received during the 60-day public comment period on the petition, that the Avenue SW, Washington, DC. Normal 1 To view the final rule, go to http:// reading room hours are 8 a.m. to 4:30 www.regulations.gov/#!docketDetail;D=APHIS- petition involves a GE organism that p.m., Monday through Friday, except 2018-0034. raises substantive new issues, APHIS 2 holidays. To be sure someone is there to On March 6, 2012, APHIS published in the first solicits written comments from the Federal Register (77 FR 13258–13260, Docket No. public on a draft EA and preliminary help you, please call (202) 799–7039 APHIS–2011–0129) a notice describing our public before coming. review process for soliciting public comments and PPRA for a 30-day comment period The petition is also available on the information when considering petitions for determinations of nonregulated status for GE 3 To view the notice, its supporting document, APHIS website at: https:// organisms. To view the notice, go to http:// and the comments we received, go to http:// www.aphis.usda.gov/aphis/ourfocus/ www.regulations.gov/#!docketDetail;D=APHIS- www.regulations.gov/#!docketDetail;D=APHIS- biotechnology/permits-notifications- 2011-0129. 2019-0037.

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through the publication of a Federal peer-reviewed publications, information is delaying implementation until Register notice. Then, after reviewing analyzed in the draft EA, the January 25, 2021. Full implementation and evaluating the comments on the preliminary PPRA, comments provided of the message set will bring APHIS into draft EA and preliminary PPRA and by the public on the petition, and compliance with the mandates of the other information, APHIS will revise the discussion of issues in the draft EA, Security and Accountability For Every preliminary PPRA as necessary. It will APHIS has determined that petunias Port Act of 2006 and Executive Order then prepare a final EA, and based on designated as event A1–DFR are 13659. The information collected will the final EA, a National Environmental unlikely to pose a plant pest risk. enhance APHIS’ ability to make data- Policy Act (NEPA) decision document We are making available for a 30-day driven policy decisions, improve risk (either a FONSI or a notice of intent to review period our preliminary analysis/assessments, and enhance prepare an environmental impact determination, draft EA, preliminary ability to respond to changing pest/ statement). FONSI, and our PPRA. The preliminary disease conditions. For this petition, we will be following determination, draft EA, preliminary DATES: APHIS will begin full Approach 1. FONSI, and PPRA are available as implementation of the APHIS Core As part of our decision-making indicated under ADDRESSES and FOR Message Set on January 25, 2021. process regarding a GE organism’s FURTHER INFORMATION CONTACT above. FOR FURTHER INFORMATION CONTACT: Mr. regulatory status, APHIS prepares a Copies of these documents may also be PPRA to assess the plant pest risk of the Richard Leshin, APHIS Liaison for obtained from the person listed under Automated Commercial Environment, article. APHIS also prepares the FOR FURTHER INFORMATION CONTACT. appropriate environmental International Trade Data System, After the 30-day review period closes, Management and Program Analyst, documentation—either an EA or an APHIS will review and evaluate any environmental impact statement—in Quarantine Policy, Analysis and information received during the 30-day Support, PPQ, APHIS, 4700 River Road accordance with NEPA. This will review period. provide the Agency and the public with Unit 60, Riverdale, MD 20737; (301) a review and analysis of any potential (Authority: 7 U.S.C. 7701–7772 and 851–2085; [email protected]. environmental impacts that may result 7781–7786; 31 U.S.C. 9701; 7 CFR 2.22, SUPPLEMENTARY INFORMATION: 2.80, and 371.3) if the petition request is approved. Background APHIS concludes in its preliminary Done in Washington, DC, this 16th day of PPRA that A1–DFR Petunias, which as September 2020. The National Customs Automation stated above have been genetically Mark Davidson, Program (NCAP) was established in Subtitle B of Title VI-Customs engineered for the new color orange and Acting Administrator, Animal and Plant brilliance are unlikely to pose a plant Health Inspection Service. Modernization, in the North American Free Trade Agreement Implementation pest risk. In section 403 of the Plant [FR Doc. 2020–21357 Filed 9–25–20; 8:45 am] Act (Pub. L. 103–182, 107 Stat. 2057, Protection Act, ‘‘plant pest’’ is defined BILLING CODE 3410–34–P as any living stage of any of the 2170, December 8, 1993; see 19 U.S.C. following that can directly or indirectly 1411). Through NCAP, the initial thrust injure, cause damage to, or cause DEPARTMENT OF AGRICULTURE of customs modernization was on trade disease in any plant or plant product: A compliance and the development of the protozoan, a nonhuman animal, a Animal and Plant Health Inspection Automated Commercial Environment parasitic plant, a bacterium, a fungus, a Service (ACE), the planned successor to the virus or viroid, an infectious agent or Automated Commercial System. ACE is [Docket No. APHIS–2017–0069] other pathogen, or any article similar to an automated and electronic system for or allied with any of the foregoing. International Trade Data System: commercial trade processing intended APHIS has also prepared a draft EA in Timeline for Enforcing APHIS Core to streamline business processes, which we present two alternatives based Message Set Flags in the Automated facilitate growth in trade, ensure cargo on our analysis of data Westhoff Commercial Environment security, and foster participation in submitted, a review of other scientific global commerce, while ensuring data, field tests conducted under AGENCY: Animal and Plant Health compliance with U.S. laws and APHIS’ oversight, and comments Inspection Service, USDA. regulations and reducing costs for U.S. received on the petition (see footnote 3). ACTION: Notice. Customs and Border Protection (CBP) APHIS is considering the following and all of its communities of interest. alternatives: (1) Take no action, i.e., SUMMARY: The Animal and Plant Health The ability to meet these objectives APHIS would not change the regulatory Inspection Service (APHIS) is depends on successfully modernizing status of A1–DFR Petunias, or (2) make announcing a delay in the full CBP’s business functions and the a determination of nonregulated status implementation of the APHIS Core information technology that supports for A1–DFR Petunias. Message Set in the Automated those functions. The draft EA was prepared in Commercial Environment/International The International Trade Data System accordance with (1) NEPA, as amended Trade Data System (ACE/ITDS) for the (ITDS) is authorized by section 405 of (42 U.S.C. 4321 et seq.), (2) regulations electronic submission of data required the Security and Accountability For of the Council on Environmental by APHIS Animal Care, Biotechnology Every Port Act of 2006 (SAFE Port Act, Quality for implementing the Regulatory Services, Plant Protection Pub. L. 109–347). The purpose of ITDS, procedural provisions of NEPA (40 CFR and Quarantine, and Veterinary as defined by section 405 of the SAFE parts 1500–1508), (3) USDA regulations Services. APHIS intended to begin Port Act, is to eliminate redundant implementing NEPA (7 CFR part 1b), applying Harmonized Tariff Schedule information filing requirements, and (4) APHIS’ NEPA Implementing flags, which would alert filers who efficiently regulate the flow of Procedures (7 CFR part 372). opted to submit electronically using commerce, and effectively enforce laws Based on APHIS’ analysis of field and ACE whether APHIS import data is or and regulations relating to international laboratory data submitted by Westhoff, may be required, on August 3, 2020. trade, by establishing a single portal references provided in the petition, Due to the COVID–19 pandemic, APHIS system, operated by CBP, for the

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collection and distribution of standard to do so. APHIS is committed to helping Importers and brokers are required to electronic import and export data trade with questions and technical submit APHIS-required information at required by all participating Federal assistance through our help desk the first U.S. port of arrival and are agencies. support at [email protected]. responsible for knowing what to file, From March 1, 2016, through August Two commenters expressed concern regardless of whether a tariff code is 15, 2016, the Animal and Plant Health that APHIS Core implementation would flagged in ACE. The APHIS Core Inspection Service (APHIS) conducted impose additional requirements on Message Set does not allow for de pilots of ACE/ITDS using the message trade. One of these commenters asked minimis exceptions. Importers and set data for Animal Care, Biotechnology why APHIS was adding additional brokers must submit required data for Regulatory Services, Plant Protection regulations and tariffs if the intent of the APHIS-regulated products regardless of and Quarantine, and Veterinary Services action was to eliminate redundant the size or value of the shipment. Any (known collectively as APHIS Core).1 information filing requirements, exceptions to filing APHIS Core data The pilots were available for any efficiently regulate the flow of within the ACE environment is stakeholder interested in participating. commerce, and effectively enforce laws available on the APHIS ACE website at During the pilot phase, APHIS and regulations relating to international http://www.aphis.usda.gov/ace. conducted an analysis and provided trade. Additional information and guidance feedback on each initial filing. APHIS APHIS believes the commenter regarding the APHIS Core Message Set continues to provide an analysis of the misunderstood the original notice. No are located at the following website: data submissions for stakeholders who additional tariffs are required as a result http://www.aphis.usda.gov/ace/. The request feedback. of this action, and this action does not latest APHIS Core Message Set On February 3, 2020, APHIS amend the regulations that govern implementation guide is available on published in the Federal Register (85 importation of any products within the CBP website at https://www.cbp.gov/ FR 5928–5929, Docket No. APHIS– APHIS’ statutory authority. As we document/guidance/aphis-pga-message- 2017–0069) a notice 2 announcing our explained in our initial notice, applying set-adapted-data-element-record-layout. intention to fully implement this change Harmonized Tariff Schedule (HTS) flags A complete list of documents and on August 3, 2020. APHIS solicited in ACE will alert filers who opt to approved submission options are comments regarding the notice for 30 submit data electronically whether available on the CBP website at http:// days ending on March 4, 2020. We APHIS import data is or may be www.cbp.gov/document/guidance/ace- received 4 comments by that date, from required. This action will not change november-1-pga-forms. two trade brokers associations, a what import data is required, just the For questions about the APHIS Core diagnostic laboratory, and a private format in which it is submitted. Message Set, please email ace.itds@ citizen. They are discussed below. The other commenter expressed usda.gov. For questions related to Two commenters were generally concern that additional electronic APHIS’ import requirements, please supportive of the planned documents would be required to be visit APHIS’ import/export website at implementation date of August 3, 2020, submitted by the shipper, including https://www.aphis.usda.gov/aphis/ but stated that implementation would additional permits for certain items. The ourfocus/importexport or call APHIS’ be challenging for importers, shippers, commenter also expressed concern that Customer Service Center at (844) 820– and brokers. Both commenters health care providers submitting 2234. suggested that APHIS consider a soft samples for testing would be required to enforcement period upon have computer access, knowledge of the Done in Washington, DC, this 22nd day of September 2020. implementation, during which the correct forms to complete, and to submit automated system would allow filers to those forms in advance. The commenter Michael Watson, revert to a paper option if they are stated that imposing such additional Acting Administrator, Animal and Plant Health Inspection Service. unable to submit all the information requirements could cause in delays in electronically on a particular shipment. shipping, and those delays could result [FR Doc. 2020–21289 Filed 9–25–20; 8:45 am] The commenters stated that if APHIS in lost time in client-patient care BILLING CODE 3410–34–P does not implement a soft enforcement support and in damage to samples sent period, the agency should set up a ‘‘war for diagnostic testing. DEPARTMENT OF AGRICULTURE room’’ staffed by technical experts who As we explained above, could provide technical assistance in implementation of the APHIS Core Federal Crop Insurance Corporation the event of difficulties. message set does not change either APHIS recognizes that full admissibility or documentation [Docket No. FCIC–20–0007] implementation may present challenges requirements. The only change is to the Notice of Request for Renewal and for some stakeholders. Due to the format in which the information is Revision of the Currently Approved COVID–19 pandemic, APHIS has presented by those filers who submit Information Collection decided to delay implementation until that information through ACE. January 25, 2021. We believe that this As we also explained above, due to AGENCY: Federal Crop Insurance delay will provide stakeholders with the COVID–19 pandemic, APHIS has Corporation, USDA. sufficient time to prepare for full decided to delay implementation until ACTION: Renewal and Revision of the implementation. APHIS notes that since January 25, 2021. On that date, APHIS Currently Approved Information 2017, those stakeholders ready to begin intends to begin applying HTS flags, Collection. filing electronically have had the option which will alert filers, who opt to submit data electronically, whether SUMMARY: In accordance with the 1 To view the notices announcing the beginning APHIS import data is or may be Paperwork Reduction Act of 1995, this and end of the pilots, go to http:// required. Importers or brokers using notice announces the Federal Crop www.regulations.gov/#!docketDetail;D=APHIS- ACE must enter APHIS-required import Insurance Corporation’s (FCIC) 2015-0063. 2 To view the notice and the comments we data when they receive an APHIS- intention to request an extension to a received, go to http://www.regulations.gov/ specific HTS flag in order to complete currently approved information #!docketDetail;D=APHIS-2017-0069. their entry in the system. collection for the submission of policies,

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provisions of policies, rates of premium, and user fees; and guidelines for non- DEPARTMENT OF AGRICULTURE and non-reinsured supplemental reinsured supplemental policies. This policies under section 508(h) of the data is used to administer the Federal Forest Service Federal Crop Insurance Act. This notice crop insurance program in accordance announces a public comment period on with the Federal Crop Insurance Act, as Black Hills National Forest Advisory the information collection requests amended. Board; Meeting (ICRs) associated with the submission of FCIC is requesting the Office of AGENCY: Forest Service, USDA. policies, provisions of policies, rates of Management and Budget (OMB) to ACTION: Notice of meeting. premium, and non-reinsured extend the approval of this information supplemental policies under section collection for an additional 3 years. SUMMARY: The Black Hills National 508(h) of the Federal Crop Insurance The purpose of this notice is to solicit Forest Advisory Board (Board) will Act. comments from the public concerning conduct a virtual meeting. The committee is established consistent with DATES: Written comments on this notice this information collection. These will be accepted until close of business comments will help us: and operates in compliance with the Federal Advisory Committee Act. The November 27, 2020. (1) Evaluate whether the proposed purpose of the committee is to improve ADDRESSES: collection of information is necessary We invite you to submit collaborative relationships and to for the proper performance of the comments on this information provide advice and recommendations to functions of the agency, including collection request. In your comments, the Secretary of Agriculture through the whether the information has practical include the date, volume, and page Black Hills National Forest Supervisor utility; number of this issue of the Federal on a broad range of forest issues. Board Register, and the title of rule. You may (2) Evaluate the accuracy of the information, including the meeting submit comments by any of the agency’s estimate of the burden of the agenda and the meeting summary/ following methods, although FCIC proposed collection of information; minutes can be found at the following prefers that you submit comments (3) Enhance the quality, utility, and website: https://www.fs.usda.gov/main/ electronically through the Federal clarity of the information to be blackhills/workingtogether/ eRulemaking Portal: collected; and • advisorycommittees. Federal eRulemaking Portal: Go to (4) Minimize the burden of the http://www.regulations.gov and search DATES: The meeting will be held on collection of information on those who Wednesday, October 21, 2020, at 1:00 for Docket ID FCIC–20–0007. Follow the are to respond, through use, as online instructions for submitting p.m., Mountain Standard Time. appropriate, of automated, electronic, All meetings are subject to comments. mechanical, and other collection • Mail: Director, Product cancellation. For updated status of technologies, e.g., permitting electronic meeting prior to attendance, please Administration and Standards Division, submission of responses. Risk Management Agency, United States contact the person listed under FOR Estimate of burden: The public Department of Agriculture, P.O. Box FURTHER INFORMATION CONTACT. reporting burden for this collection of 419205, Kansas City, MO 64133–6205. ADDRESSES: The meeting will be held All comments received, including information is estimated to average 354 via Adobe Connect along with two those received by mail, will be posted hours per response. conference call lines: One line will be without change and publicly available Respondents/Affected Entities: Parties for participants, and one line will be for on http://www.regulations.gov. affected by the information collection the public to listen only. Detailed FOR FURTHER INFORMATION CONTACT: requirements included in this Notice is instructions on how to attend the Francie Tolle; telephone (816) 926– a person (including an approved meeting virtually will be sent out via 7829, email [email protected]. insurance provider, a college or email along with a news release university, a cooperative or trade SUPPLEMENTARY INFORMATION: Title: approximately one week prior to the association, or any other person) who General Administrative Regulations; meeting. prepares a submission, proposes to the Subpart V—Submission of Policies, Written comments may be submitted Board other crop insurance policies, SUPPLEMENTARY Provisions of Policies, Rates of as described under provisions of policies, or rates of INFORMATION. Premium, and Non-Reinsured All comments, including premium, or submits to RMA a non- Supplemental Policies. names and addresses, when provided, reinsured supplemental policy. OMB Number: 0563–0064. are placed in the record and available Expiration Date of Approval: February Estimated annual number of for public inspection and copying. The 28, 2021. respondents: 190. public may inspect comments received Type of Request: Extension of a Estimated annual number of at Black Hills National Forest currently approved information responses per respondent: .66. Supervisor’s Office. Please call ahead to collection. Estimated annual number of facilitate entry into the building. Abstract: FCIC is proposing to renew responses: 126. FOR FURTHER INFORMATION CONTACT: the currently approved information Estimated total annual burden hours Scott Jacobson, Board Coordinator, by collection, OMB Number 0563–0064. It on respondents: 44,631. phone at 605–440–1409 or by email at is currently up for renewal and All responses to this notice will be [email protected]. extension for three years. Subpart V summarized and included in the request Individuals who use establishes guidelines for the for OMB approval. All comments will telecommunication devices for the deaf submission of policies or other materials also become a matter of public record. (TDD) may call the Federal Information to the FCIC Board of Directors (Board) Relay Service (FIRS) at 1–800–877–8339 and identifies the required contents of a Martin R. Barbre, between 8:00 a.m. and 8:00 p.m., submission: the timing, review, and Manager, Federal Crop Insurance Eastern Standard Time, Monday confidentiality requirements; Corporation. through Friday. reimbursement of research and [FR Doc. 2020–21274 Filed 9–25–20; 8:45 am] SUPPLEMENTARY INFORMATION: The development costs, maintenance costs, BILLING CODE 3410–08–P purpose of the meeting is to discuss:

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(1) Off-Highway Vehicle Summit Public Call Information: Dial: 800– Dated: September 23, 2020. Proposal; 367–2403, Conference ID: 1880730. David Mussatt, (2) Timber Sustainability Working FOR FURTHER INFORMATION CONTACT: Supervisory Chief, Regional Programs Unit. Group Update; Melissa Wojnaroski, DFO, at [FR Doc. 2020–21331 Filed 9–25–20; 8:45 am] (3) Forest Plan Revision; [email protected] or 312–353– BILLING CODE P (4) Fiscal Year 2021 Timber Program; 8311. and (5) 2020 Fire Season re-cap on the SUPPLEMENTARY INFORMATION: Members COMMISSION ON CIVIL RIGHTS Forest and fall burn plans. of the public can listen to these The meeting is open to the public. discussions. Notice of Public Meeting of the Virginia Individuals wishing to provide Committee meetings are available to Advisory Committee to the U.S. comments with regards to this meeting’s the public through the above call in Commission on Civil Rights agenda and for comments to be included number. Any interested member of the with the meeting minutes/records, public may call this number and listen AGENCY: U.S. Commission on Civil comments must be submitted in writing to the meeting. An open comment Rights. by October 22, 2020. Anyone who period will be provided to allow ACTION: Announcement of meeting. would like to bring related letters to the members of the public to make a SUMMARY: Notice is hereby given, attention of the Board may file written statement as time allows. The pursuant to the provisions of the rules statements with the Board’s staff before conference call operator will ask callers and regulations of the U.S. Commission or after the meeting. Written comments to identify themselves, the organization on Civil Rights (Commission) and the must be sent to Scott Jacobson, Black they are affiliated with (if any), and an Federal Advisory Committee Act that Hills National Forest Supervisor’s email address prior to placing callers the Virginia Advisory Committee Office, 1019 North Fifth Street, Custer, into the conference room. Callers can (Committee) will hold a meeting on South Dakota 57730; by email to expect to incur regular charges for calls Tuesday, October 13, 2020 at 2:00 p.m. [email protected], or via they initiate over wireless lines, Eastern time. The Committee will facsimile to 605–673–9208. according to their wireless plan. The discuss civil rights concerns in the state. Meeting Accommodations: If you are Commission will not refund any a person requiring reasonable incurred charges. Callers will incur no DATES: The meeting will take place on accommodation, please make requests charge for calls they initiate over land- Tuesday, October 13, 2020 at 2:00 p.m. in advance for sign language line connections to the toll-free Eastern time. interpreting, assistive listening devices, telephone number. Individual who is Public Call Information: Dial: 800– or other reasonable accommodation. For deaf, deafblind and hard of hearing may 367–2403, Conference ID: 8375107. access to the facility or proceedings, also follow the proceedings by first FOR FURTHER INFORMATION CONTACT: please contact the person listed in the calling the Federal Relay Service at 1– Melissa Wojnaroski, DFO, at section titled FOR FURTHER INFORMATION 800–877–8339 and providing the [email protected] or 312–353– CONTACT. All reasonable Service with the conference call number 8311. accommodation requests are managed and conference ID number. SUPPLEMENTARY INFORMATION: Members on a case-by-case basis. Members of the public are also of the public can listen to these Dated: September 22, 2020. entitled to submit written comments; discussions. Committee meetings are the comments must be received in the Cikena Reid, available to the public through the regional office within 30 days following above call in number. Any interested Committee Management Officer. the meeting. Written comments may be [FR Doc. 2020–21272 Filed 9–25–20; 8:45 am] member of the public may call this emailed to Corrine Sanders at csanders@ number and listen to the meeting. An BILLING CODE 3411–15–P usccr.gov. Persons who desire open comment period will be provided additional information may contact the to allow members of the public to make Regional Programs Unit at (312) 353– a statement as time allows. The COMMISSION ON CIVIL RIGHTS 8311. conference call operator will ask callers Records generated from this meeting Notice of Public Meeting of the to identify themselves, the organization may be inspected and reproduced at the Nebraska Advisory Committee to the they are affiliated with (if any), and an Regional Programs Unit Office, as they U.S. Commission on Civil Rights email address prior to placing callers become available, both before and after into the conference room. Callers can AGENCY: U.S. Commission on Civil the meeting. Records of the meeting will expect to incur regular charges for calls Rights. be available via www.facadatabase.gov they initiate over wireless lines, ACTION: Announcement of meeting. under the Commission on Civil Rights, according to their wireless plan. The Nebraska Advisory Committee link. Commission will not refund any SUMMARY: Notice is hereby given, Persons interested in the work of this incurred charges. Callers will incur no pursuant to the provisions of the rules Committee are directed to the charge for calls they initiate over land- and regulations of the U.S. Commission Commission’s website, http:// line connections to the toll-free on Civil Rights (Commission) and the www.usccr.gov, or may contact the telephone number. Individuals who are Federal Advisory Committee Act that Regional Programs Unit at the above deaf, deafblind and hard of hearing may the Nebraska Advisory Committee email or street address. also follow the proceedings by first (Committee) will hold a meeting on Agenda calling the Federal Relay Service at 1– Tuesday, October 13, 2020 at 9:30 a.m. 800–877–8339 and providing the Central time. The Committee will Welcome and Roll Call Service with the conference call number discuss civil rights concerns in the state. Discussion: Civil Rights in Nebraska and conference ID number. DATES: The meeting will take place on Future Plans and Actions Members of the public are also Tuesday, October 13, 2020 at 9:30 a.m. Public Comment entitled to submit written comments; Central time. Adjournment the comments must be received in the

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regional office within 30 days following Officer (DFO) at [email protected] or by COMMISSION ON CIVIL RIGHTS the meeting. Written comments may be phone at (202) 681–0857. mailed to the Regional Programs Unit, Notice of Public Meeting of the SUPPLEMENTARY INFORMATION: This U.S. Commission on Civil Rights, 230 S Washington Advisory Committee meeting is available to the public Dearborn, Suite 2120, Chicago, IL through the following toll-free call-in AGENCY: U.S. Commission on Civil 60604. They may also be faxed to the number: 800–367–2403, conference ID Rights. Commission at (312) 353–8324, or number: 3768295. Any interested emailed to Corrine Sanders at csanders@ ACTION: Announcement of meeting. member of the public may call this usccr.gov. Persons who desire number and listen to the meeting. SUMMARY: Notice is hereby given, additional information may contact the Callers can expect to incur charges for pursuant to the provisions of the rules Regional Programs Unit at (312) 353– calls they initiate over wireless lines, and regulations of the U.S. Commission 8311. on Civil Rights (Commission) and the Records generated from this meeting and the Commission will not refund any incurred charges. Callers will incur no Federal Advisory Committee Act that may be inspected and reproduced at the the Washington Advisory Committee Regional Programs Unit Office, as they charge for calls they initiate over land- line connections to the toll-free (Committee) will hold a series of become available, both before and after meetings via teleconference on Monday, the meeting. Records of the meeting will telephone number. Persons with hearing impairments may also follow the November 2 and Monday, November 16, be available via www.facadatabase.gov 2020 at 2:00 p.m. Pacific Time. The under the Commission on Civil Rights, proceedings by first calling the Federal Relay Service at 1–800–877–8339 and purpose of these meetings are for the Virginia Advisory Committee link. Committee to review their project Persons interested in the work of this providing the Service with the conference call number and conference proposal on excessive use of force in the Committee are directed to the state of Washington. Commission’s website, http:// ID number. www.usccr.gov, or may contact the Members of the public are entitled to DATES: These meetings will be held on: Regional Programs Unit at the above make comments during the open period • Monday, November 2, 2020, at 2:00 email or street address. at the end of the meeting. Members of p.m. Pacific Time the public may also submit written • Monday, November 16, 2020, at 2:00 Agenda comments; the comments must be p.m. Pacific Time Welcome and Roll Call received in the Regional Programs Unit Public Call Information: Dial: 800– Discussion: Civil Rights in Virginia within 30 days following the meeting. 367–2403, Conference ID: 6656710 Future Plans and Actions Written comments may be mailed to the FOR FURTHER INFORMATION CONTACT: Public Comment Western Regional Office, U.S. Adjournment Brooke Peery, Designated Federal Commission on Civil Rights, 300 North Officer (DFO), at [email protected] or by Dated: September 23, 2020. Los Angeles Street, Suite 2010, Los phone at (202) 701–1376. David Mussatt, Angeles, CA 90012 or email Ana SUPPLEMENTARY INFORMATION: Members Supervisory Chief, Regional Programs Unit. Victoria Fortes at [email protected]. of the public may listen to the [FR Doc. 2020–21330 Filed 9–25–20; 8:45 am] Records and documents discussed discussion. This meeting is available to BILLING CODE P during the meeting will be available for the public through the above listed toll public viewing prior to and after the free number. An open comment period meetings at https:// will be provided to allow members of COMMISSION ON CIVIL RIGHTS www.facadatabase.gov/FACA/ the public to make a statement as time FACAPublicViewCommitteeDetails?id= allows. The conference call operator Notice of Public Meeting of the Utah a10t0000001gzltAAA. will ask callers to identify themselves, Advisory Committee Please click on the ‘‘Committee the organization they are affiliated with AGENCY: U.S. Commission on Civil Meetings’’ tab. Records generated from (if any), and an email address prior to Rights. these meetings may also be inspected placing callers into the conference ACTION: Announcement of meeting. and reproduced at the Regional room. Callers can expect to incur regular Programs Unit, as they become charges for calls they initiate over SUMMARY: Notice is hereby given, available, both before and after the wireless lines, according to their pursuant to the provisions of the rules meetings. Persons interested in the work wireless plan. The Commission will not and regulations of the U.S. Commission of this Committee are directed to the refund any incurred charges. Callers on Civil Rights (Commission) and the Commission’s website, https:// will incur no charge for calls they Federal Advisory Committee Act www.usccr.gov, or may contact the initiate over land-line connections to (FACA) that the meeting of the Utah Regional Programs Unit at the above the toll-free telephone number. Persons Advisory Committee (Committee) to the email or street address. with hearing impairments may also Commission will be held from 12:00 follow the proceedings by first calling p.m. to 1:30 p.m. (Mountain Time) on Agenda the Federal Relay Service at 1–800–877– Friday, October 23, 2020. The purpose I. Welcome 8339 and providing the Service with the of the meeting will be to plan for a post II. Discuss Post-Report Activity conference call number and conference report activity. III. Public Comment ID number. DATES: The meeting will be held on IV. Next Steps Members of the public are also Friday, October 23, 2020 from 12:00 V. Adjournment entitled to submit written comments; the comments must be received in the p.m. to 1:30 p.m. MT. Dated: September 23, 2020. Public Call Information: regional office within 30 days following Dial: 800–367–2403. David Mussatt, the meeting. Written comments may be Conference ID: 3768295. Supervisory Chief, Regional Programs Unit. mailed to the Western Regional Office, FOR FURTHER INFORMATION CONTACT: Ana [FR Doc. 2020–21332 Filed 9–25–20; 8:45 am] U.S. Commission on Civil Rights, 300 N. Victoria Fortes, Designated Federal BILLING CODE P Los Angeles St., Suite 2010, Los

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Angeles, CA 90012 or email Brooke opportunities for public input will be by October 16, 2020, to Gianna Marrone, Peery at [email protected]. forthcoming. [email protected]. Records generated from this meeting DATES: October 23, 2020. The meeting Dated: September 23, 2020. may be inspected and reproduced at the begins at approximately 9:45 a.m. and Lucas Hitt, Regional Programs Unit Office, as they adjourns at approximately 12:30 p.m. Designated Federal Officer, U.S. Department become available, both before and after ADDRESSES: The safety and well-being of of Commerce. the meeting. Records of the meeting will the public, committee members, and our be available at: https:// [FR Doc. 2020–21371 Filed 9–25–20; 8:45 am] staff is our top priority. In light of the BILLING CODE 3510–MN–P www.facadatabase.gov/FACA/FACA travel restrictions and social-distancing PublicViewCommitteeDetails?id= requirements resulting from the COVID– a10t0000001gzkZAAQ. 19 outbreak, this meeting will be held DEPARTMENT OF COMMERCE Please click on the ‘‘Meeting Details’’ virtually. and ‘‘Documents’’ links. Persons FOR FURTHER INFORMATION CONTACT: International Trade Administration interested in the work of this Committee Gianna Marrone, Program Analyst, U.S. are also directed to the Commission’s Department of Commerce, 4600 Silver [A–523–808] website, http://www.usccr.gov, or may Hill Road (BE–64), Suitland, MD 20746; contact the Regional Programs Unit phone (301) 278–9282; email Evidence@ Certain Steel Nails From the Sultanate office at the above email or street bea.gov. of Oman: Preliminary Results of the address. SUPPLEMENTARY INFORMATION: According First Five-Year Sunset Review of the Agenda to the Evidence Act, the Chief Antidumping Duty Order Statistician of the United States shall I. Welcome & Introductions AGENCY: Enforcement and Compliance, serve as the Chair of the Committee and II. Approval of Minutes International Trade Administration, other members shall be appointed by III. Discussion on Project Proposal draft Department of Commerce. the Director of the OMB as follows: One IV. Public Comment SUMMARY: On June 1, 2020, the V. Adjournment agency Chief Information Officer; one agency Chief Privacy Officer; one Department of Commerce (Commerce) Dated: September 23, 2020. agency Chief Performance Officer; three initiated the first sunset review of the David Mussatt, members who are agency Chief Data antidumping duty (AD) order on certain Supervisory Chief, Regional Programs Unit. Officers; three members who are agency steel nails (steel nails) from the [FR Doc. 2020–21333 Filed 9–25–20; 8:45 am] Evaluation Officers; and three members Sultanate of Oman (Oman). Commerce BILLING CODE P who are agency Statistical Officials who determined that it was appropriate to are members of the Interagency Council conduct a full review. Commerce for Statistical Policy established under preliminarily finds that revocation of section 3504(e)(8) of title 44. this AD order would be likely to lead to DEPARTMENT OF COMMERCE Additionally, at least 10 members will continuation or recurrence of dumping be appointed who are representatives of at the levels indicated in the Office of the Under Secretary for state and local governments and ‘‘Preliminary Results of Review’’ section Economic Affairs nongovernmental stakeholders with of this notice. Advisory Committee on Data for expertise in government data policy, DATES: Applicable September 28, 2020. privacy, technology, transparency Evidence Building FOR FURTHER INFORMATION CONTACT: Ian policy, evaluation and research Hamilton, AD/CVD Operations, Office AGENCY: Office of the Under Secretary methodologies, and other relevant II, Enforcement and Compliance, for Economic Affairs, U.S. Department subjects. Committee members serve for International Trade Administration, of Commerce. a term of two (2) years. Members have U.S. Department of Commerce, 1401 ACTION: been appointed per this statutory Notice of public meeting. Constitution Avenue NW, Washington, balance plan and information on the DC 20230; telephone: (202) 482–4798. SUMMARY: The Office of the Under membership can be found at Secretary for Economic Affairs is giving www.bea.gov/evidence. Any member SUPPLEMENTARY INFORMATION: notice of a meeting of the Advisory appointed to fill a vacancy occurring Background Committee on Data for Evidence before the expiration of the term for Building (ACDEB). The Committee will which the member’s predecessor was On June 1, 2020, Commerce initiated review, analyze, and make appointed shall be appointed only for the first sunset review of the AD order recommendations on how to promote the remainder of that term. on steel nails from Oman pursuant to the use of Federal data for evidence This meeting is open to the public. section 751(c) of the Tariff Act of 1930, building. The Committee will submit to Anyone planning to attend the meeting as amended (the Act).1 On June 9, 2020, the Director of the Office of are asked to RSVP to Gianna Marrone at Commerce received a notice of intent to Management and Budget (OMB) and (301) 278–9282 or [email protected]. participate from Mid Continent Steel & make public an annual report available The call-in number, access code, and Wire, Inc. (Mid Continent) within the on the activities and findings of the meeting link will be posted 24 hours deadline specified in 19 CFR Committee. Email Gianna Marrone by prior to the meeting on www.bea.gov/ 351.218(d)(1)(i).2 On July 1, 2020, October 15, 2020, to attend. An agenda evidence. The meeting is accessible to Commerce received substantive and meeting link will be accessible prior people with disabilities. Requests for to the meeting at www.bea.gov/evidence. foreign language interpretation or other 1 See Initiation of Five-Year (Sunset) Reviews, 85 Members of the public who wish to auxiliary aids should be directed to FR 33088 (June 1, 2020). submit written input for the Gianna Marrone at [email protected] by 2 See Mid Continent’s Letter, ‘‘Certain Steel Nails from the Republic of Korea, the Sultanate of Oman, Committee’s consideration are October 1, 2020. Malaysia, the Republic of China (‘‘Taiwan’’), and welcomed to do so via email to Persons with extensive questions or the Socialist Republic of Vietnam: Notice of Intent [email protected]. Additional statements must submit them in writing to Participate in Reviews,’’ dated June 9, 2020.

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responses from Mid Continent 3 and revoked.9 The Preliminary Decision Dated: September 21, 2020. Oman Fasteners LLC (Oman Fasteners) 4 Memorandum is a public document and Jeffrey I. Kessler, within the 30-day deadline specified in is on file electronically via Enforcement Assistant Secretary for Enforcement and 19 CFR 351.218(d)(3)(i). On July 31, and Compliance’s Antidumping and Compliance. 2020, Commerce notified the U.S. Countervailing Duty Centralized International Trade Commission (ITC) Electronic Service System (ACCESS). Appendix that it received an adequate substantive ACCESS is available to registered users List of Topics Discussed in the Preliminary response from the respondent interested at http://access.trade.gov. In addition, a Decision Memorandum party.5 complete version of the Preliminary I. Summary Scope of the Order Decision Memorandum can be accessed II. History of the Order directly on the internet at http:// III. Background The merchandise covered by this enforcement.trade.gov/frn/. The signed IV. Scope of the Order order is nails having a nominal shaft and electronic versions of the V. Discussion of the Issues 6 length not exceeding 12 inches. Preliminary Decision Memorandum are A. Legal Framework Merchandise covered by the order is identical in content. i. Likelihood of Continuation of Recurrence currently classified under the of Dumping Harmonized Tariff Schedule of the Preliminary Results of Review ii. Magnitude of the Margin Likely to United States (HTSUS) subheadings Prevail 7317.00.55.02, 7317.00.55.03, Pursuant to sections 752(c) of the Act, VI. Recommendation we determine that revocation of the AD 7317.00.55.05, 7317.00.55.07, [FR Doc. 2020–21365 Filed 9–25–20; 8:45 am] 7317.00.55.08, 7317.00.55.11, order on steel nails from Oman would 7317.00.55.18, 7317.00.55.19, be likely to lead to continuation or BILLING CODE 3510–DS–P 7317.00.55.20, 7317.00.55.30, recurrence of dumping at weighted average margins up to 9.10 percent. 7317.00.55.40, 7317.00.55.50, DEPARTMENT OF COMMERCE 7317.00.55.60, 7317.00.55.70, Interested parties may submit case 7317.00.55.80, 7317.00.55.90, briefs no later than 30 days after the International Trade Administration 7317.00.65.30, 7317.00.65.60 and date of publication of the preliminary 7317.00.75.00. Nails subject to this results of this full sunset review, in Notice of Scope Rulings order also may be classified under accordance with 19 CFR HTSUS subheadings 7907.00.60.00, 351.309(c)(1)(i). Rebuttal briefs, which AGENCY: Enforcement and Compliance, 8206.00.00.00 or other HTSUS must be limited to issues raised in the International Trade Administration, subheadings. While the HTSUS Department of Commerce. subheadings are provided for case briefs, may be filed no later than convenience and customs purposes, the seven days after the time limit for filing SUMMARY: The Department of Commerce written description of the scope of this case briefs in accordance with 19 CFR (Commerce) hereby publishes a list of order is dispositive.7 351.309(d). Note that Commerce has scope rulings and anti-circumvention temporarily modified certain of its determinations made during the period Analysis of Comments Received requirements for serving documents April 1, 2020 through June 30, 2020. We All issues raised for the preliminary containing business proprietary intend to publish future lists after the results of this full sunset review are information, until further notice.10 Any close of the next calendar quarter. interested party may request a hearing addressed in the Preliminary Decision DATES: Applicable September 28, 2020. Memorandum.8 The issues discussed in within 30 days of publication of this the Preliminary Decision Memorandum notice in accordance with 19 CFR FOR FURTHER INFORMATION CONTACT: are the likelihood of continuation or 351.310(c). If a request for a hearing is Marcia E. Short, AD/CVD Operations, recurrence of dumping and the made, Commerce intends to hold the Customs Liaison Unit, Enforcement and magnitude of the margins of dumping hearing at a time and date to be Compliance, International Trade likely to prevail if this AD order were determined. Commerce will issue a Administration, U.S. Department of notice of final results of this full sunset Commerce, 1401 Constitution Avenue 3 See Mid Continent’s Letter, ‘‘Certain Steel Nails review, which will include the results of NW, Washington, DC 20230; telephone: from Oman: Request for Extension of Time to its analysis of issues raised in any such 202–482–1560. Submit Rebuttal Comments on Oman Fasteners comments, no later than January 27, LLC’s Substantive Response to Notice of Initiation,’’ SUPPLEMENTARY INFORMATION: dated July 6, 2020. 2021. 4 See Oman Fastener’s Letter, ‘‘Certain Steel Nails This five-year sunset review and Background from Oman; 1st Sunset Review Substantive Response to Notice of Initiation,’’ dated July 1, notice are in accordance with sections Commerce regulations provide that it 2020. 751(c), 752(c), and 777(i)(1) of the Act will publish in the Federal Register a 5 See Commerce’s Letter, ‘‘Full Sunset Review of and 19 CFR 351.218(f)(1). A–523–808, Steel Nails from Oman Order,’’ dated list of scope rulings on a quarterly July 31, 2020. basis.1 Our most recent notification of 6 The shaft length of certain steel nails with flat scope rulings was published on June 9, heads or parallel shoulders under the head shall be 2020.2 This current notice covers all measured from under the head or shoulder to the 9 Id. tip of the point. The shaft length of all other certain scope rulings and anti-circumvention 10 See 19 CFR 351.309; see also 19 CFR 351.303 steel nails shall be measured overall. determinations made by Enforcement (for general filing requirements); Temporary Rule 7 For a complete description of the scope of the and Compliance between April 1, 2020 Modifying AD/CVD Service Requirements Due to order, see Memorandum, ‘‘Decision Memorandum through June 30, 2020. for Preliminary Results of the First Sunset Review COVID–19, 85 FR 17006 (March 26, 2020) of Certain Steel Nails from the Sultanate of Oman,’’ (Temporary Rule); and Temporary Rule Modifying dated concurrently with, and hereby adopted by AD/CVD Service Requirements Due to COVID–19; 1 See 19 CFR 351.225(o). this notice (Preliminary Decision Memorandum). Extension of Effective Period, 85 FR 41363 (July 10, 2 See Notice of Scope Rulings, 85 FR 35261 (June 8 Id. 2020). 9, 2020).

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Scope Rulings Made April 1, 2020 A–570–088 and C–570–089: Certain scope of the antidumping and Through June 30, 2020 Steel Racks and Parts Thereof From countervailing duty orders because they China have: (1) Larger offsets; (2) different hub Canada Requestor: FlexSteel Pipeline bore sizes; and/or (3) lower load ratings A–122–857 and C–122–858: Softwood Technologies, Inc. Certain coil skids are that make them unsuitable for use on Lumber Products From Canada not covered by the scope of the trailers or towable equipment; June 26, Requestor: Harmer Steel Products Co. antidumping and countervailing duty 2020. Finished railroad ties are covered by the orders on certain steel racks and parts Thailand scope of the antidumping and thereof from China because they do not countervailing duty orders on softwood meet the description of subject A–549–502: Circular Welded Pipe and lumber products from Canada because merchandise; May 11, 2020. Tubes From Thailand they are of softwood lumber, sawn to Self-initiated by Commerce. Based on size, of a width exceeding six inches, A–570–967 and C–570–968: Aluminum Extrusions From China our analysis pursuant to 19 CFR and are not considered ‘‘finished 351.225(k)(1), line pipe, stenciled only products’’ as defined by the scope Requestor: China Customs as line pipe, is not covered by the scope because, at importation, they require Manufacturing, Inc. and Greentec of the order, products which are dual- further processing and cannot be readily Engineering, LLC. ROCK–IT 3.0 solar stenciled (i.e., stamped to indicate differentiated from subject merchandise; roof mountings are covered by the scope compliance with two different June 30, 2020. of the antidumping and countervailing specifications, such as ASTM A53 and duty orders on aluminum extrusions People’s Republic of China (China) API 5L) as standard pipe and line pipe from China because they consist of are within the scope of the order; June A–475–832 and C–475–833; A–570–026 aluminum extrusion components that 30, 2020. and C–570–027: Certain Corrosion- are attached to form subassemblies, and Resistant Steel Products From Italy they lack the necessary components that Anti-Circumvention Determinations and 3 would allow them to function as a Made April 1, 2020 Through June 30, Requestor: Trendium Pool Products, finished solar panel mounting system; 2020 Inc. Per the CIT’s instructions, May 14, 2020. Unpatented R–421A produced in Commerce revised an earlier A–570–028: Hydrofluorocarbon Blends China was found to be circumventing determination regarding above-ground From the People’s Republic of China and is now subject to the antidumping pool kits and pool walls manufactured Requestor: Choice Refrigerants. duty order on HFC blends from China; by Trendium. Pool kit and pool wall Unpatented R–421A produced in China June 4, 2020. components produced by Trendium was found to not be covered by the Mexico from Italian- and Chinese-origin CORE scope of the antidumping duty order on A–201–844: Steel Concrete Reinforcing are not covered by the scope of the hydrofluorocarbon blends from China Bar (Rebar) From Mexico orders on CORE from Italy and China because the scope only covered five because the plain language of the orders hydrofluorocarbon (HFC) blends, and Imports of otherwise straight rebar excludes downstream products such as unpatented R–421A is not one of the bent on one or both ends (hooked rebar) pool kits, and because Commerce erred five blends. However, because the goods from Mexico that is produced and/or in conducting Mid Continent’s two-step were found to be circumventing the exported by Deacero S.A.P.I. de C.V. analysis on pool kits (which the CIT order, unpatented R–421A produced in (Deacero) are circumventing the found to be finished goods); March 19, China was brought under the antidumping duty order on steel 2020. antidumping duty order on HFC blends concrete reinforcing bar from Mexico A–570–932: Certain Steel Threaded Rod from China. See the anti-circumvention and are now covered by the order; May From China section below; June 4, 2020. 29, 2020. Requester: All-Pro Fasteners, Inc. A–570–601: Antidumping Duty Order Notification to Interested Parties ASTM A449 hot-dipped galvanized all- on Tapered Roller Bearings and Parts Interested parties are invited to threaded rods and studs are not covered Thereof, Finished and Unfinished, From comment on the completeness of this by the scope of the antidumping duty China list of completed scope inquiries and order on certain steel threaded rod from Requestor: Precision Components Inc. anti-circumvention determinations China because they are heat treated/ Tapered roller bearing components made during the period April 1, 2020 through-hardened, consistent with which have been green machined but through June 30, 2020. Any comments ASTM A449, and include a ‘‘A449’’ not heat treated, are covered by the should be submitted to the Deputy marking on the head; April 8, 2020. scope of the antidumping order on Assistant Secretary for AD/CVD A–570–092: Mattresses From China tapered roller bearings and parts thereof, Operations, Enforcement and finished and unfinished, from China Requestor: Arm’s Reach Concepts, Compliance, International Trade based on the totality of our analysis of Inc. Bassinet pads are not covered by Administration, 1401 Constitution the plain language of the scope and the the scope of the antidumping duty order Avenue NW, APO/Dockets Unit, Room criteria set forth under 19 CFR on mattresses from China because they 18022, Washington, DC 20230. 351.225(k)(1) and (2); June 12, 2020. do not meet the definition of ‘‘youth’’ or This notice is published in ‘‘adult’’ mattresses as outlined in the A–570–090 and C–570–091: Certain accordance with 19 CFR 351.225(o). scope, and the scope covers only youth Steel Wheels 12 to 16.5 Inches in Dated: September 22, 2020. and adult mattresses; May 6, 2020. Diameter From China James Maeder, Requestor: U.S. Wheel Corp (U.S. Deputy Assistant Secretary for Antidumping 3 This scope ruling was inadvertently left out of and Countervailing Duty Operations. the previous Quarterly Scope Federal Register Wheel). Certain models of U.S. Wheel’s Notice that published on June 9, 2020 (85 FR passenger vehicle and light truck [FR Doc. 2020–21366 Filed 9–25–20; 8:45 am] 35261). wheels, discs, and rims are outside the BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE Elizabeth Mackey (C) (alternate), Chief to ICCAT will meet Friday, October 2, Safety Officer, National Institute of 2020, first in a session open to the National Institute of Standards and Standards & Technology, public to consider management- and Technology Gaithersburg, MD 20899, research-related information on the Appointment Expires: 12/31/22 status of Atlantic highly migratory National Institute of Standards and Charles Romine (C), Director, species stocks and then in a closed Technology Performance Review Information Technology Laboratory, Board Membership executive session to discuss sensitive National Institute of Standards & matters. The open session will be from Technology, Gaithersburg, MD 20899, AGENCY: National Institute of Standards 10 a.m. through 12:30 p.m. EDT, Appointment Expires: 12/31/21 and Technology, Department of including an opportunity for public Commerce. Authority: 5 U.S.C. 4301 et seq. comment beginning at approximately 12 ACTION: Notice. Kevin A. Kimball, p.m. Comments may also be submitted in writing for the Advisory Committee’s SUMMARY: This notice lists the Chief of Staff. consideration. Interested members of membership of the National Institute of [FR Doc. 2020–21360 Filed 9–25–20; 8:45 am] the public can submit comments by Standards and Technology Performance BILLING CODE 3510–13–P Review Board (NIST PRB) and email (see ADDRESSES). supersedes the list published on NMFS expects members of the public October 2, 2019. DEPARTMENT OF COMMERCE to conduct themselves appropriately at DATES: The changes to the NIST PRB National Oceanic and Atmospheric the open session of the Advisory membership list announced in this Administration Committee meeting. At the beginning of notice are effective September 28, 2020. the public comment session, an [RTID 0648–XA501] FOR FURTHER INFORMATION CONTACT: Didi explanation of the ground rules will be provided (e.g., speakers will be called Hanlein at the National Institute of Fall Meeting of the Advisory Standards and Technology, (301) 975– Committee to the U.S. Section of the on to give their comments in the order 3020 or by email at desiree.hanlein@ International Commission for the in which they registered to speak, each nist.gov. Conservation of Atlantic Tunas speaker will have an equal amount of SUPPLEMENTARY INFORMATION: The time to speak and speakers should not AGENCY: National Marine Fisheries National Institute of Standards and interrupt one another). The session will Service (NMFS), National Oceanic and Technology Performance Review Board be structured so that all attending Atmospheric Administration (NOAA), (NIST PRB or Board) reviews members of the public have the Commerce. performance appraisals, agreements, opportunity to comment, if they so and recommended actions pertaining to ACTION: Notice of public meeting. choose, regardless of the degree of employees in the Senior Executive SUMMARY: The Advisory Committee to controversy of the subject(s). Those not Service and ST–3104 employees. The the U.S. Section of the International respecting the ground rules will be Board makes recommendations to the Commission for the Conservation of asked to leave the meeting. appropriate appointing authority Atlantic Tunas (ICCAT) is announcing After the open session, the Advisory concerning such matters so as to ensure the convening of its fall meeting. Committee will meet in a closed the fair and equitable treatment of these DATES: An operator-assisted conference executive session to discuss sensitive individuals. call and webinar session that is open to This notice lists the membership of information relating to upcoming ICCAT the public will be held on October 2, negotiations regarding Atlantic highly the NIST PRB and supersedes the list 2020, from 10 a.m. to 12:30 p.m. EDT. published in the Federal Register on migratory species conservation and Following the open session, the management. October 2, 2019 (84 FR 52464). Committee will convene in a closed NIST PRB Members executive session at 1 p.m. that will end Special Accommodations by 5 p.m. EDT. Marla Dowell (C) (alternate), Director, The virtual meeting is accessible to ADDRESSES: Written comments should Communications Technology people with disabilities. Requests for Laboratory, National Institute of be sent via email to terra.lederhouse@ noaa.gov. Participants must dial in by auxiliary aids should be directed to Standards & Technology, Boulder, CO Terra Lederhouse at (301) 427–8360 or 80305, Appointment Expires: 12/31/ phone (Phone number 888–324–3618; verbal password: ‘‘NOAA’’) to receive [email protected] at least 5 21 days prior to the meeting date. Robert Ivester (C), Deputy Director, audio access and also log on to WebEx Hollings Manufacturing Extension (WebEx link: https://noaanmfs- Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. Partnership Program, National meets.webex.com/noaanmfs-meets/ 1801 et seq. j.php?MTID=m4b6d1654ba6fd60349e Institute of Standards & Technology, Dated: September 23, 2020. 57b9088dd1afb; WebEx password: Gaithersburg, MD 20899, Alexa Cole, Appointment Expires: 12/31/22 ‘‘NOAA’’) to view the presentation. Kathleen James (C), Chief Participants are strongly encouraged to Director, Office of International Affairs and dial in and log on 15 minutes prior to Seafood Inspection, National Marine Administrative Officer, Bureau of Fisheries Service. Economic Analysis, Washington, DC the meeting. 20233, Appointment Expires: 12/31/ FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–21363 Filed 9–25–20; 8:45 am] 21 Terra Lederhouse, Office of BILLING CODE 3510–22–P Eric Lin (C) (alternate), Director, International Affairs and Seafood Material Measurement Laboratory, Inspection, 301–427–8360 or at National Institute of Standards & [email protected]. Technology, Gaithersburg, MD 20899, SUPPLEMENTARY INFORMATION: The Appointment Expires: 12/31/21 Advisory Committee to the U.S. Section

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DEPARTMENT OF COMMERCE notice that require emergency action Activities (other than Commercial under section 305(c) of the Magnuson- Fishing Operations) Under the Marine National Oceanic and Atmospheric Stevens Act, provided the public has Mammal Protection Act. Administration been notified of the Council’s intent to OMB Control Number: 0648–0151. Form Number(s): None. [RTID 0648–XA511] take final action to address the emergency. The public also should be Type of Request: Regular submission New England Fishery Management aware that the meeting will be recorded. (Revision to an existing information Council; Public Meeting Consistent with 16 U.S.C. 1852, a copy collection). of the recording is available upon Number of Respondents: 188. AGENCY: National Marine Fisheries request. Average Hours per Response: Service (NMFS), National Oceanic and Incidental Harassment Authorization Atmospheric Administration (NOAA), Special Accommodations (IHA) Application: 281 hours; IHA Commerce. This meeting is physically accessible Interim Report: 30 hours; IHA Draft ACTION: Notice of public meeting. to people with disabilities. Requests for Annual Report: 140 hours; IHA Final sign language interpretation or other Annual Report: 28 hours; Letter of SUMMARY: The New England Fishery auxiliary aids should be directed to Authorization (LOA) Initial Application: Management Council is convening a Thomas A. Nies, Executive Director, at 1200 hours; LOA Annual Application: public meeting of its Scientific and (978) 465–0492, at least 5 days prior to 70 hours; LOA Draft Annual Report: 225 Statistical Committee (SSC) via webinar the meeting date. Hours; LOA Draft Final Report: 225 hours; LOA Final Annual Report: 70 to consider actions affecting New Authority: 16 U.S.C. 1801 et seq. England fisheries in the exclusive hours; LOA Draft Comprehensive economic zone (EEZ). Dated: September 23, 2020. Report: 640 hours; LOA Comprehensive Recommendations from this group will Tracey L. Thompson, Final Report: 300 hours; Gulf of Mexico be brought to the full Council for formal Acting Deputy Director, Office of Sustainable (GOM) Draft Annual Report: 140 hours; consideration and action, if appropriate. Fisheries, National Marine Fisheries Service. GOM Final Annual Report: 28 hours. DATES: This webinar will be held on [FR Doc. 2020–21347 Filed 9–25–20; 8:45 am] Response times will vary for the public Tuesday, October 13, 2020 at 9 a.m. BILLING CODE 3510–22–P based upon the complexity of the Webinar registration URL information: requested action. Total Annual Burden Hours: 25,973. https://attendee.gotowebinar.com/ DEPARTMENT OF COMMERCE register/3850303213161369355. Call in Needs and Uses: This request is for a revision of a currently approved information: +1 (562) 247–8422, Access National Oceanic and Atmospheric Code 632–479–325. information collection. Administration The Marine Mammal Protection Act ADDRESSES: Council address: New of 1972 (MMPA; 16 U.S.C. 1361 et. seq.) Agency Information Collection England Fishery Management Council, prohibits the ‘‘take’’ of marine mammals Activities; Submission to the Office of 50 Water Street, Mill 2, Newburyport, unless otherwise authorized or Management and Budget (OMB) for MA 01950. exempted by law. Among the provisions Review and Approval; Comment FOR FURTHER INFORMATION CONTACT: that allow for lawful take of marine Request; Applications and Reporting Thomas A. Nies, Executive Director, mammals, sections 101(a)(5)(A) and (D) Requirements for the Incidental Take New England Fishery Management of the MMPA direct the Secretary of of Marine Mammals by Specified Council; telephone: (978) 465–0492. Commerce to allow, upon request, the Activities (Other Than Commercial SUPPLEMENTARY INFORMATION: incidental, but not intentional, taking of Fishing Operations) Under the Marine small numbers of marine mammals by Mammal Protection Act Agenda U.S. citizens who engage in a specified The Scientific and Statistical The Department of Commerce will activity (other than commercial fishing), Committee will meet to review recent submit the following information within a specified geographical region stock assessment information from the collection request to the Office of if, after notice and opportunity for 2020 Groundfish Management Track Management and Budget (OMB) for public comment, we find that the taking Assessments, information provided by review and clearance in accordance will have a negligible impact on the the Council’s Groundfish Plan with the Paperwork Reduction Act of affected species or stock(s) and will not Development Team (PDT) and 1995, on or after the date of publication have an immitigable adverse impact on recommend the overfishing limits and of this notice. We invite the general the availability of the species or stock(s) acceptable biological catch (ABC) for public and other Federal agencies to for subsistence uses (where relevant). Georges Bank (GB) winter flounder, Gulf comment on proposed, and continuing NMFS also must set forth the of Maine (GOM) winter flounder, information collections, which helps us permissible methods of taking; other Acadian redfish, ocean pout, Atlantic assess the impact of our information means of effecting the least practicable halibut, wolffish, northern windowpane collection requirements and minimize adverse impact on the species or stock flounder, and southern windowpane the public’s reporting burden. Public and its habitat (mitigation); and flounder for fishing years 2022–23. comments were previously requested requirements pertaining to the Other business will be discussed as via the Federal Register on June 22, monitoring and reporting of such taking. necessary. 2018 (83 FR 29212) during a 60-day NMFS Office of Protected Resources Although non-emergency issues not comment period. This notice allows for leads the process for the agency. contained on the agenda may come an additional 30 days for public Issuance of an incidental take before this Council for discussion, those comments. authorization (Authorization) under issues may not be the subject of formal Agency: National Oceanic & section 101(a)(5)(A) or 101(a)(5)(D) of action during this meeting. Council Atmospheric Administration. the MMPA requires three sets of action will be restricted to those issues Title: Applications and Reporting information collection: (1) A complete specifically listed in this notice and any Requirements for the Incidental Take of application for an Authorization, as set issues arising after publication of this Marine Mammals by Specified forth in our implementing regulations at

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50 CFR 216.104, which provides the Written comments and NOAA Office of the General Counsel, information necessary for us to make the recommendations for the proposed Oceans and Coasts Section, and Patrick necessary statutory determinations, information collection should be Carroll, Attorney-Advisor, NOAA Office including estimates of take and an submitted within 30 days of the of the General Counsel, Oceans and assessment of impacts on the affected publication of this notice on the Coasts Section, at jordancove.appeal@ species and stocks; (2) information following website www.reginfo.gov/ noaa.gov or (301) 713–7387. relating to required monitoring; and (3) public/do/PRAMain. Find this SUPPLEMENTARY INFORMATION: On March information related to required particular information collection by 20, 2020, the NOAA Administrator, reporting. These collections of selecting ‘‘Currently under 30-day pursuant to authority delegated by the information enable us to: (1) Evaluate Review—Open for Public Comments’’ or Secretary of Commerce to decide the proposed activity’s impact on by using the search function and Coastal Zone Management Act of 1972 marine mammals; (2) arrive at the entering either the title of the collection (CZMA) federal consistency appeals, appropriate determinations required by or the OMB Control Number 0648–0151. received a ‘‘Notice of Appeal’’ filed by the MMPA and other applicable laws Sheleen Dumas, Jordan Cove Energy Project, L.P. and prior to issuing the authorization; and Pacific Connector Gas Pipeline, LP (3) monitor impacts of activities for Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce (collectively, ‘‘Appellants’’) under the which we have issued Authorizations to Department. CZMA, 16 U.S.C. 1451 et seq., and determine if our predictions regarding [FR Doc. 2020–21353 Filed 9–25–20; 8:45 am] implementing regulations found at 15 impacts on marine mammals remain BILLING CODE 3510–22–P CFR part 930, subpart H. The Notice of valid. Appeal is taken from an objection by the On June 22, 2018, NMFS published a Oregon Department of Land Federal Register Notice (83 FR 29212) DEPARTMENT OF COMMERCE Conservation and Development to notifying the public of a proposal to Appellants’ consistency certification for issue 5-year incidental take regulations National Oceanic and Atmospheric a proposed project to construct and that would allow for the take of marine Administration operate a liquified natural gas export mammals incidental to geophysical terminal and a 229-mile natural gas survey activities conducted by industry Federal Consistency Appeal by Jordan pipeline and compressor station off the operators in Federal waters of the U.S. Cove Energy Project, L.P. and Pacific Pacific Coast. This matter constitutes an Gulf of Mexico (GOM). NMFS does not Connector Gas Pipeline, LP anticipate that the proposed regulations appeal of an ‘‘energy project’’ within the will substantially add to the burden to AGENCY: National Oceanic and meaning of the CZMA regulations. See individual private applicants for Atmospheric Administration (NOAA), 15 CFR 930.123(c). incidental take authorizations. In fact, Department of Commerce (DOC). Under the CZMA, the NOAA we expect individual applicant’s ACTION: Notice of stay—closure of Administrator may override Oregon information collection burdens will be administrative appeal decision record. Department of Land Conservation and substantially less than the typical Development’s objection on grounds SUMMARY: This announcement provides that the project is consistent with the applicant under the existing OMB notice that the Department of Commerce Control Number. This is due to the fact objectives or purposes of the CZMA, or has stayed, for a period of 60 days, is necessary in the interest of national that the application for these regulations closure of the decision record in an (the first information collection burden security. To make the determination administrative appeal filed by Jordan that the proposed activity is ‘‘consistent noted above) was completed by the Cove Energy Project, L.P. and Pacific Bureau of Ocean Energy Management with the objectives or purposes of the Connector Gas Pipeline, LP CZMA,’’ the Department of Commerce (BOEM) instead of individual (collectively, ‘‘Appellants’’) under the applicants. The other difference we must find that: (1) The proposed activity Coastal Zone Management Act. furthers the national interest as expect related to these proposed Appellants appealed to the Secretary of regulations is that there will be a larger articulated in sections 302 or 303 of the Commerce to override an objection by CZMA, in a significant or substantial number of applicants/respondents than the Oregon Department of Land accounted for in the existing OMB manner; (2) the national interest Conservation and Development to a furthered by the proposed activity Control Number. The proposed rule consistency certification for a proposed forecasts that 95 to 151 geophysical outweighs the activity’s adverse coastal project to construct and operate a effects, when those effects are surveys will take place annually on liquified natural gas export terminal and average over the five years of the considered separately or cumulatively; a 229-mile natural gas pipeline and and (3) no reasonable alternative is proposed regulations in the GOM that compressor station off the Pacific Coast. would be subject to potential available that would permit the DATES: The decision record for proposed activity to be conducted in a information collection requirements. Appellants’ federal consistency appeal Affected Public: Not-for-profit manner consistent with the enforceable of Oregon Department of Land policies of the applicable coastal institutions; state, local, or tribal Conservation and Development’s governments; businesses or other for- management program. 15 CFR 930.121. objection will now close on November To make the determination that the profit organizations. 27, 2020. Frequency: proposed activity is ‘‘necessary in the Respondent’s Obligation: Mandatory. ADDRESSES: NOAA has provided access interest of national security,’’ the Legal Authority: Marine Mammal to publicly available materials and Department of Commerce must find that Protection Act of 1972 (MMPA, 16 related documents comprising the a national defense or other national U.S.C. 1361 et. seq.). appeal record on the following website: security interest would be significantly This information collection request https://www.regulations.gov/ impaired if the proposed activity is not may be viewed at www.reginfo.gov. docket?D=NOAA-HQ-2020-0058. permitted to go forward as proposed. 15 Follow the instructions to view the FOR FURTHER INFORMATION CONTACT: For CFR 930.122. Department of Commerce collections questions about this Notice, contact The NOAA Administrator must close currently under review by OMB. Rachel Morris, Attorney-Advisor, the decision record in a federal

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consistency appeal 160 days after the Written comments on this application DEPARTMENT OF COMMERCE Notice of Appeal is published in the should be submitted via email to Federal Register. 15 CFR 930.130(a)(1). [email protected]. Please National Oceanic and Atmospheric However, the CZMA authorizes the include File No. 23807 in the subject Administration NOAA Administrator to stay the closing line of the email comment. RTID 0648–XA492 of the decision record for up to 60 days Those individuals requesting a public when the NOAA Administrator hearing should submit a written request Marine Mammals; File No. 22382 determines it is necessary to receive, on via email to NMFS.Pr1Comments@ AGENCY: National Marine Fisheries an expedited basis, any supplemental noaa.gov. The request should set forth Service (NMFS), National Oceanic and information specifically requested by the specific reasons why a hearing on Atmospheric Administration (NOAA), the NOAA Administrator to complete a this application would be appropriate. consistency review or any clarifying Commerce. FOR FURTHER INFORMATION CONTACT: information submitted by a party to the Erin ACTION: Notice; issuance of permit. proceeding related to information in the Markin or Carrie Hubard, (301) 427– SUMMARY: consolidated record compiled by the 8401. Notice is hereby given that a permit has been issued to SeaWorld, lead Federal permitting agency. 15 CFR SUPPLEMENTARY INFORMATION: The 930.130(a)(2), (3). LLC. (Responsible Party: Christopher subject amendment to Permit No. 23807 Dold, DVM), 9205 Southpark Center After reviewing the decision record is requested under the authority of the developed to date, the NOAA Loop, Suite 400, Orlando, Florida Marine Mammal Protection Act of 1972, 32819, to import one stranded, non- Administrator has decided to solicit as amended (16 U.S.C. 1361 et seq.), and supplemental and clarifying releasable (captive) adult female Pacific the regulations governing the taking and white-sided dolphin (Lagenorhynchus information. In order to allow time for importing of marine mammals (50 CFR the receipt of this information, the obliquidens) for public display part 216). purposes. NOAA Administrator hereby stays Permit No. 23807, issued on June 11, ADDRESSES: closure of the decision record, currently 2020 (85 FR 35637), authorizes the The permit and related scheduled to occur on September 28, permit holder to film bottlenose documents are available online at 2020, until November 27, 2020. dolphins (Tursiops truncatus) by land, https://www.fisheries.noaa.gov/action/ NOAA has provided access to vessel, and unmanned aircraft systems seaworld-permit-application-import- publicly available materials and related in coastal waters off of Charleston pacific-white-sided-dolphin. documents comprising the appeal County, South Carolina, for a wildlife FOR FURTHER INFORMATION CONTACT: record on the following website: https:// documentary series that reveals the Courtney Smith or Jennifer Skidmore, www.regulations.gov/docket?D=NOAA- unique behaviors and adaptations that (301) 427–8401. HQ-2020-0058. set different families of animals apart. SUPPLEMENTARY INFORMATION: On March Adam Dilts, The permit holder is requesting the 12, 2020, notice was published in the Chief, Oceans and Coasts Section, NOAA permit be amended to include Federal Register (85 FR 14467) that a Office of the General Counsel. authorization to increase the number of request for a public display import [FR Doc. 2020–20869 Filed 9–25–20; 8:45 am] bottlenose dolphins that can be filmed permit had been submitted by the above-named applicant. The requested BILLING CODE 3510–JE–P from 630 to 720, annually. In addition, the permit holder is requesting to permit has been issued under the expand the filming area to up to 3 miles authority of the Marine Mammal DEPARTMENT OF COMMERCE offshore from Charleston County. The Protection Act of 1972, as amended (16 expanded study area and increased U.S.C. 1361 et seq.) and the regulations National Oceanic and Atmospheric takes will allow the permit holder to governing the taking and importing of Administration film dolphins feeding near shrimp marine mammals (50 CFR part 216). boats, another adaptive behavior. The The permit authorizes the importation [RTID 0648–XA500] permit expires on December 31, 2024. of one stranded, non-releasable (captive) In compliance with the National adult female Pacific white-sided Marine Mammals; File No. 23807 Environmental Policy Act of 1969 (42 dolphin from Vancouver Aquarium U.S.C. 4321 et seq.), an initial (Vancouver, British Columbia, Canada) AGENCY: National Marine Fisheries to SeaWorld of Texas (San Antonio, Service (NMFS), National Oceanic and determination has been made that the activity proposed is categorically Texas) for public display purposes. The Atmospheric Administration (NOAA), permit will expire on September 15, Commerce. excluded from the requirement to prepare an environmental assessment or 2023, or upon the importation of the ACTION: Notice; receipt of application for environmental impact statement. dolphin, whichever occurs first. The permit amendment. permit authorizes the importation only, Concurrent with the publication of which may occur over the 3-year SUMMARY: this notice in the Federal Register, Notice is hereby given that duration of the permit. Once the NMFS is forwarding copies of this Plimsoll Productions Limited, 51–55 dolphin is transported to SeaWorld of application to the Marine Mammal Whiteladies Road, Bristol, BS8 2LY, Texas, a permit is not required for its Commission and its Committee of United Kingdom (Responsible Party: holding under public display. Scientific Advisors. Anuschka Schofield), has applied for an In compliance with the National amendment to Permit No. 23807. Dated: September 23, 2020. Environmental Policy Act of 1969 (42 DATES: Written, telefaxed, or email Julia Marie Harrison, U.S.C. 4321 et seq.), a final comments must be received on or before Chief, Permits and Conservation Division, determination has been made that the October 28, 2020 Office of Protected Resources, National activity proposed is categorically ADDRESSES: These documents are Marine Fisheries Service. excluded from the requirement to available upon written request via email [FR Doc. 2020–21334 Filed 9–25–20; 8:45 am] prepare an environmental assessment or to [email protected]. BILLING CODE 3510–22–P environmental impact statement.

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Dated: September 22, 2020. The following agenda items will be Dated: September 23, 2020. Julia Marie Harrison, addressed by the SSC during the Tracey L. Thompson, Chief, Permits and Conservation Division, meeting: Acting Deputy Director, Office of Sustainable Office of Protected Resources, National 1. Approval of Terms of Reference for Fisheries, National Marine Fisheries Service. Marine Fisheries Service. the Red Grouper, Vermilion Snapper [FR Doc. 2020–21346 Filed 9–25–20; 8:45 am] [FR Doc. 2020–21317 Filed 9–25–20; 8:45 am] and Blueline Tilefish assessments; BILLING CODE 3510–22–P BILLING CODE 3510–22–P 2. Review and discuss aspects of the Acceptable Biological Catch (ABC) Control Rule; DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE 3. Review the South Atlantic Ecopath with Ecosim model; National Oceanic and Atmospheric National Oceanic and Atmospheric 4. Review the methodology for Administration Administration measuring lengths of King Mackerel in [RTID 0648–XA504] [RTID 0648–XA508] the FISHstory Citizen Science project; 5. Discuss and prioritize new data in Gulf of Mexico Fishery Management Fisheries of the South Atlantic; South the Red Snapper stock assessment; Council; Public Meeting Atlantic Fishery Management Council 6. Use of a Decision Tree approach to (SAFMC); Public Meeting sector allocations; and AGENCY: National Marine Fisheries 7. Updates on the Council Workplan Service (NMFS), National Oceanic and AGENCY: National Marine Fisheries and discussion of other business as Atmospheric Administration (NOAA), Service (NMFS), National Oceanic and needed. The SSC will provide guidance Commerce. Atmospheric Administration (NOAA), to staff and recommendations for ACTION: Notice of a public meeting. Commerce. Council consideration as appropriate. ACTION: Notice of a public meeting. Multiple opportunities for comment on SUMMARY: The Gulf of Mexico Fishery agenda items will be provided during Management Council will hold a one- SUMMARY: The South Atlantic Fishery SSC meetings. Open comment periods day meeting of its Outreach & Education Management Council (Council) will will be provided at the start of the (O&E) Technical Committee. hold a meeting of its Scientific and meeting and near the conclusion. Those DATES: The meeting will convene on Statistical Committee (SSC) via webinar. interested in providing comment should Thursday, October 15, 2020, 9 a.m.–3:30 See SUPPLEMENTARY INFORMATION. indicate such in the manner requested p.m., EDT. For agenda details, see DATES: The SSC meeting will take place by the Chair, who will then recognize SUPPLEMENTARY INFORMATION. from 9 a.m. until 5 p.m. daily, from individuals to provide comment. ADDRESSES: The meeting will be held Tuesday, October 13, 2020 through Additional opportunities for comment via webinar. Please visit the Gulf Thursday, October 15, 2020. on specific agenda items will be Council website www.gulfcouncil.org for ADDRESSES: provided, as each item is discussed, meeting materials and webinar Meeting address: The meeting will be between initial presentations and SSC registration information. held via webinar. discussion. Those interested in Council address: Gulf of Mexico Council address: South Atlantic providing comment should indicate Fishery Management Council, 4107 W Fishery Management Council, 4055 such in the manner requested by the Spruce Street, Suite 200, Tampa, FL Faber Place Drive, Suite 201, N Chair, who will then recognize 33607; telephone: (813) 348–1630. Charleston, SC 29405. individuals to provide comment. All comments are part of the record of the FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Kim Emily Muehlstein, Public Information Iverson, Public Information Officer, meeting. Although non-emergency issues not Officer, Gulf of Mexico Fishery 4055 Faber Place Drive, Suite 201, North Management Council; Charleston, SC 29405; phone: (843) 571– contained in the meeting agenda may come before this group for discussion, [email protected], 4366 or toll free: (866) SAFMC–10; fax: telephone: (813) 348–1630. (843) 769–4520; email: kim.iverson@ those issues may not be the subject of SUPPLEMENTARY INFORMATION: The safmc.net. formal action during this meeting. Action will be restricted to those issues following items are on the agenda, SUPPLEMENTARY INFORMATION: The specifically identified in this notice and though agenda items may be addressed meeting is open to the public via any issues arising after publication of out of order (changes will be noted on webinar as it occurs. Webinar this notice that require emergency theCouncil’s website when possible.) registration is required. Information action under section 305(c) of the regarding webinar registration will be Thursday, October 15, 2020; 9 a.m.– Magnuson-Stevens Fishery 3:30 p.m. posted to the Council’s website at: Conservation and Management Act, http://safmc.net/safmc-meetings/ provided the public has been notified of Introductions of members and staff, scientific-and-statistical-committee- the intent to take final action to address adoption of agenda, and approval of meetings/ as it becomes available. The the emergency. minutes from the October 9, 2019 meeting agenda, briefing book materials, meeting summary. Staff will give a and online comment form will be Special Accommodations presentation on Something’s Fishy and posted to the Council’s website two This meeting is accessible to people discuss Committee recommendations weeks prior to the meeting. Written with disabilities. Requests for auxiliary for promotion and branding. The comment on SSC agenda topics is to be aids should be directed to the SAFMC Committee will receive an update and distributed to the Committee through office (see ADDRESSES) at least 3 presentation on For-Hire Electronic the Council office, similar to all other business days prior to the meeting. Reporting Outreach and discuss briefing materials. For this meeting, the Note: The times and sequence specified in Committee feedback and deadline for submission of written this agenda are subject to change. recommendations. The Committee will comment is 12 p.m., Tuesday, October receive an update on Natural Resource 6, 2020. Authority: 16 U.S.C 1801 et seq. Damage Assessment (NRDA) Fish

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Descending Project; with presentations ACTION: Notice of a public meeting. DEPARTMENT OF EDUCATION on O&E recommendations from Release [Docket No.: ED–2020–SCC–0089] Mortality Symposium, Project Update, SUMMARY: The South Atlantic Fishery South Atlantic Snapper/Grouper Management Council (Council) will Agency Information Collection Project, and Committee feedback and convene a meeting of the Outreach and Activities; Submission to the Office of recommendations for Device Communications Advisory Panel via Management and Budget for Review Distribution and Communications webinar to address upcoming outreach and Approval; Comment Request; Strategy. and communications topics. Foreign Institution Reporting Staff will give a presentation on the DATES: The Outreach and Requirements Under the CARES Act Gulf Council’s Communications Communications Advisory Panel (AP) Analytics, and request Committee meeting will be held via webinar on AGENCY: Federal Student Aid, feedback and recommendations; and Thursday, October 8, 2020, from 1 p.m. Department of Education (ED). receive a presentation on stakeholder until 5 p.m. ACTION: Notice. feedback on the next Technical ADDRESSES: Committee Project. The meeting will be held SUMMARY: In accordance with the The committee will discuss any Other via webinar. The webinar is open to Paperwork Reduction Act of 1995, ED is Business items. members of the public. Information, proposing an extension without change including a link to webinar registration of a currently approved collection. —Meeting Adjourns and meeting materials will be posted on DATES: Interested persons are invited to The meeting will be broadcast via the Council’s website at: https:// submit comments on or before October webinar only. You may register for the safmc.net/safmc-meetings/current- 28, 2020. webinar by visiting www.gulfcouncil.org advisory-panel-meetings/ as it becomes ADDRESSES: Written comments and and clicking on the Council meeting on available. recommendations for proposed the calendar. Council address: South Atlantic information collection requests should The Agenda is subject to change, and Fishery Management Council, 4055 be sent within 30 days of publication of the latest version along with other Faber Place Drive, Suite 201, N this notice to www.reginfo.gov/public/ meeting materials will be posted on Charleston, SC 29405. do/PRAMain. Find this particular www.gulfcouncil.org as they become information collection request by available. FOR FURTHER INFORMATION CONTACT: selecting ‘‘Department of Education’’ Although other non-emergency issues Cameron Rhodes, Outreach Program under ‘‘Currently Under Review,’’ then not on the agenda may come before the Coordinator, SAFMC; phone: (843) 725– check ‘‘Only Show ICR for Public group for discussion, in accordance 7577 or toll free: (866) SAFMC–10; fax: Comment’’ checkbox. with the Magnuson-Stevens Fishery (843) 769–4520; email: Conservation and Management Act [email protected]. FOR FURTHER INFORMATION CONTACT: For (Magnuson-Stevens Act), those issues SUPPLEMENTARY INFORMATION: The specific questions related to collection may not be the subject of formal action Outreach and Communications AP will activities, please contact Beth during this meeting. Actions will be meet to discuss the following agenda Grebeldinger, 202–377–4018. restricted to those issues specifically items: SUPPLEMENTARY INFORMATION: The Department of Education (ED), in identified in this notice and any issues 1. Best Fishing Practices Campaign accordance with the Paperwork arising after publication of this notice Update that require emergency action under Reduction Act of 1995 (PRA) (44 U.S.C. 2. Citizen Science Program updates section 305(c) of the Magnuson-Stevens 3506(c)(2)(A)), provides the general Act, provided the public has been 3. MyFishCount Project update public and Federal agencies with an notified of the Council’s intent to take 4. Commercial Fish Rules Mobile opportunity to comment on proposed, action to address the emergency. Application update revised, and continuing collections of 5. For-Hire Electronic Reporting information. This helps the Department Authority: 16 U.S.C. 1801 et seq. outreach update assess the impact of its information Dated: September 23, 2020. 6. Update on the structure of the collection requirements and minimize Tracey L. Thompson, advisory panel the public’s reporting burden. It also Acting Deputy Director, Office of Sustainable 7. Updates from AP members helps the public understand the Fisheries, National Marine Fisheries Service. Department’s information collection 8. Other business [FR Doc. 2020–21345 Filed 9–25–20; 8:45 am] requirements and provide the requested BILLING CODE 3510–22–P Special Accommodations data in the desired format. ED is soliciting comments on the proposed The meeting is physically accessible information collection request (ICR) that to people with disabilities. Requests for DEPARTMENT OF COMMERCE is described below. The Department of auxiliary aids should be directed to the Education is especially interested in Council office (see ADDRESSES) 5 days National Oceanic and Atmospheric public comment addressing the prior to the meeting. Administration following issues: (1) Is this collection Note: The times and sequence specified in necessary to the proper functions of the [RTID 0648–XA463] this agenda are subject to change. Department; (2) will this information be Fisheries of the South Atlantic; South Authority: 16 U.S.C. 1801 et seq. processed and used in a timely manner; (3) is the estimate of burden accurate; Atlantic Fishery Management Council; Dated: September 23, 2020. Public Meetings (4) how might the Department enhance Tracey L. Thompson, the quality, utility, and clarity of the AGENCY: National Marine Fisheries Acting Deputy Director, Office of Sustainable information to be collected; and (5) how Service (NMFS), National Oceanic and Fisheries, National Marine Fisheries Service. might the Department minimize the Atmospheric Administration (NOAA), [FR Doc. 2020–21342 Filed 9–25–20; 8:45 am] burden of this collection on the Commerce. BILLING CODE 3510–22–P respondents, including through the use

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of information technology. Please note DEPARTMENT OF EDUCATION SUPPLEMENTARY INFORMATION: The that written comments received in Department of Education (ED), in [Docket No.: ED–2020–SCC–0154] response to this notice will be accordance with the Paperwork considered public records. Agency Information Collection Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general Title of Collection: Foreign Institution Activities; Comment Request; public and Federal agencies with an Reporting Requirement under the Quarterly Budget and Expenditure opportunity to comment on proposed, CARES Act. Reporting Under CARES Act Sections 18004(a)(1) Institutional Portion, revised, and continuing collections of OMB Control Number: 1845–0161. 18004(a)(2), and 18004(a)(3) information. This helps the Department Type of Review: An extension without assess the impact of its information change of a currently approved AGENCY: Office of Postsecondary collection requirements and minimize collection. Education, Department of Education the public’s reporting burden. It also (ED). helps the public understand the Respondents/Affected Public: Private ACTION: Notice. Department’s information collection Sector; State, Local, and Tribal requirements and provide the requested Governments. SUMMARY: In accordance with the data in the desired format. ED is Total Estimated Number of Annual Paperwork Reduction Act of 1995, ED is soliciting comments on the proposed Responses: 804. requesting the Office of Management information collection request (ICR) that and Budget (OMB) to conduct an is described below. The Department of Total Estimated Number of Annual emergency review of a new information Education is especially interested in Burden Hours: 402. collection. public comment addressing the Abstract: Section 3510(a) of the DATES: The Department is requesting following issues: (1) Is this collection CARES Act, Public Law 116–136 (March emergency processing and OMB necessary to the proper functions of the 27, 2020), authorizes the Secretary of approval for this information collection Department; (2) will this information be Education (‘‘Secretary’’) to permit a by October 5, 2020; and therefore, the processed and used in a timely manner; foreign institution, in the case of a Department is requesting public (3) is the estimate of burden accurate; public health emergency, major disaster comments by that date. A regular (4) how might the Department enhance or emergency, or national emergency clearance process is also hereby being the quality, utility, and clarity of the declared by the applicable government initiated to provide the public with the information to be collected; and (5) how authorities in the country in which the opportunity to comment under the full might the Department minimize the foreign institution is located, to provide comment period. Interested persons are burden of this collection on the any part of an otherwise eligible invited to submit comments on or before respondents, including through the use program to be offered via distance November 27, 2020. of information technology. Please note education for the duration of such ADDRESSES: To access and review all the that written comments received in emergency or disaster and the following documents related to the information response to this notice will be collection listed in this notice, please considered public records. payment period for purposes of title IV Title of Collection: Quarterly Budget of the Higher Education Act of 1965 (20 use http://www.regulations.gov by searching the Docket ID number ED– and Expenditure Reporting under U.S.C. 1070 et seq.). Additionally, under CARES Act Sections 18004(a)(1) Section 3510(d) of the CARES Act, the 2020–SCC–0154. Comments submitted in response to this notice should be Institutional Portion, 18004(a)(2), and Secretary may allow a foreign 18004(a)(3). institution to enter into a written submitted electronically through the Federal eRulemaking Portal at http:// OMB Control Number: 1840–NEW. arrangement with an institution of Type of Review: A new information www.regulations.gov by selecting the higher education located in the United collection. Docket ID number or via postal mail, States that participates in the Federal Respondents/Affected Public: Private commercial delivery, or hand delivery. Sector; State, Local, and Tribal Direct Loan Program under part D of If the regulations.gov site is not title IV of the Higher Education Act of Governments. available to the public for any reason, Total Estimated Number of Annual 1965 (20 U.S.C. 1087a et seq.) for the ED will temporarily accept comments at purpose of allowing a student of the Responses: 20,680. [email protected]. Please include the Total Estimated Number of Annual foreign institution who is a borrower of docket ID number and the title of the Burden Hours: 41,360. a loan made under such part to take information collection request when Abstract: Section 18004(a)(1) of the courses from the institution of higher requesting documents or submitting CARES Act, Public Law 116–136 (March education located in the United States. comments. Please note that comments 27, 2020), authorizes the Secretary of Dated: September 23, 2020. submitted by fax or email and those Education to allocate formula grant Kate Mullan, submitted after the comment period will funds to participating institutions of not be accepted. Written requests for higher educations (IHEs). Section PRA Coordinator, Strategic Collections and information or comments submitted by Clearance Governance and Strategy Division, 18004(c) of the CARES Act allows the postal mail or delivery should be Office of Chief Data Officer, Office of IHEs to use up to one-half of the total Planning, Evaluation and Policy addressed to the Director of the Strategic funds received to cover any costs Development. Collections and Clearance Governance associated with the significant changes and Strategy Division, U.S. Department [FR Doc. 2020–21361 Filed 9–25–20; 8:45 am] to the delivery of instruction due to the of Education, 400 Maryland Ave. SW, coronavirus (with specific exceptions). BILLING CODE 4000–01–P LBJ, Room 6W208D, Washington, DC Section 18004(a)(2) of the CARES Act 20202–8240. authorizes the Secretary to make awards FOR FURTHER INFORMATION CONTACT: For under parts A and B of title III, parts A specific questions related to collection and B of title V, and subpart 4 of part activities, please contact Jack Cox, 202– A of title VII of the Higher Education 453–6134. Act of 1965, as amended (‘‘HEA’’), to

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address needs directly related to the information collection requests should 18004(c) of the CARES Act requires the coronavirus. These awards are in be sent within 30 days of publication of IHEs to use no less than fifty percent of addition to awards made in Section this notice to www.reginfo.gov/public/ the funds received to provide 18004(a)(1) of the CARES Act. do/PRAMain. Find this particular emergency financial aid grants to Section 18004(a)(3) of the CARES Act, information collection request by students for expenses related to the Pub. authorizes the Secretary to allocate selecting ‘‘Department of Education’’ disruption of campus operations due to funds for part B of Title VII of the HEA, under ‘‘Currently Under Review,’’ then coronavirus (including eligible expenses for IHEs that the Secretary determines check ‘‘Only Show ICR for Public under a student’s cost of attendance have the greatest unmet needs related to Comment’’ checkbox. such as food, housing, course materials, coronavirus. This information collection FOR FURTHER INFORMATION CONTACT: For technology, health care, and child care). request includes the quarterly budget specific questions related to collection This collection includes application and expenditure reporting form that will activities, please contact Gaby Watts, materials for those institutions not be used by grantees under these 202–453–7195. included in the original formula-based sections. SUPPLEMENTARY INFORMATION: The allocation table under 18004(a)(1) Additional Information: An because the requisite Integrated emergency clearance approval for the Department of Education (ED), in accordance with the Paperwork Postsecondary Education Data System use of the system is described below (IPEDS) enrollment data and Federal due to the following conditions: If this Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general Student Aid (FSA) Pell data were not emergency collection is not approved, available. the Department will be unable to public and Federal agencies with an effectively monitor the use of funds by opportunity to comment on proposed, Dated: September 23, 2020. grantees that have received awards revised, and continuing collections of Kate Mullan, under these sections. information. This helps the Department PRA Coordinator, Strategic Collections and Directed Question: The Department assess the impact of its information Clearance, Governance and Strategy Division, acknowledges the perception that this collection requirements and minimize Office of Chief Data Officer, Office of public reporting instrument may appear the public’s reporting burden. It also Planning, Evaluation and Policy to be duplicative to the annual report helps the public understand the Development. form that is in preliminary development Department’s information collection [FR Doc. 2020–21367 Filed 9–25–20; 8:45 am] and will be submitted to the Department requirements and provide the requested BILLING CODE 4000–01–P in 2021 (Federal Register/Vol. 85, No. data in the desired format. ED is 146/Wednesday, July 29, 2020). As such, soliciting comments on the proposed the Department specifically welcomes information collection request (ICR) that DEPARTMENT OF ENERGY comment on the relationship between is described below. The Department of Education is especially interested in [Case Number 2020–002; EERE–2020–BT– the two instruments and how it might WAV–0009] reduce any possible duplication. public comment addressing the following issues: (1) Is this collection Energy Conservation Program: Notice Kate Mullan, necessary to the proper functions of the PRA Coordinator, Strategic Collections and of Petition for Waiver of Senneca Department; (2) will this information be Holdings From the Department of Clearance Governance and Strategy Division, processed and used in a timely manner; Office of Chief Data Officer, Office of Energy Walk-In Cooler and Walk-In Planning, Evaluation and Policy (3) is the estimate of burden accurate; Freezer Test Procedure and Grant of Development. (4) how might the Department enhance Interim Waiver [FR Doc. 2020–21355 Filed 9–25–20; 8:45 am] the quality, utility, and clarity of the information to be collected; and (5) how AGENCY: Office of Energy Efficiency and BILLING CODE 4000–01–P might the Department minimize the Renewable Energy, Department of burden of this collection on the Energy. DEPARTMENT OF EDUCATION respondents, including through the use ACTION: Notice of petition for waiver and of information technology. Please note grant of an interim waiver; request for [Docket No.: ED–2020–SCC–0115] that written comments received in comments. Agency Information Collection response to this notice will be SUMMARY: This notice announces receipt Activities; Submission to the Office of considered public records. of and publishes a petition for waiver Management and Budget for Review Title of Collection: CARES Act and interim waiver from Senneca and Approval; Comment Request; 18004(a)(1) Reserve Fund Application. Holdings, which seeks a waiver for CARES Act 18004(a)(1) Reserve Fund OMB Control Number: 1840–0847. specified basic models of walk-in cooler Application Type of Review: An extension without change of a currently approved and walk-in freezer doors from the U.S. AGENCY: Office of Postsecondary collection. Department of Energy (‘‘DOE’’) test Education, Department of Education Respondents/Affected Public: Private procedure used for determining the (ED). Sector; State, Local, and Tribal energy consumption of walk-in doors. ACTION: Notice. Governments. This document also provides notice of Total Estimated Number of Annual an Interim Waiver Order requiring SUMMARY: In accordance with the Responses: 100. Senneca Holdings to test and rate the Paperwork Reduction Act of 1995, ED is Total Estimated Number of Annual specified walk-in door basic models in proposing an extension without change Burden Hours: 150. accordance with the alternate test of a currently approved collection. Abstract: Section 18004(a)(1) of the procedure set forth in the Interim DATES: Interested persons are invited to CARES Act, Public Law 116–136 (March Waiver Order. DOE solicits comments, submit comments on or before October 27, 2020), authorizes the Secretary of data, and information concerning the 28, 2020. Education to allocate formula grant petition and its suggested alternate test ADDRESSES: Written comments and funds to participating institutions of procedure so as to inform DOE’s final recommendations for proposed higher educations (IHEs). Section decision on the waiver request.

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DATES: The Interim Waiver Order is FOR FURTHER INFORMATION CONTACT: Ms. and any documents submitted with the effective on September 28, 2020. Lucy deButts, U.S. Department of comments. Written comments and information will Energy, Office of Energy Efficiency and Do not submit to http:// be accepted on or before October 28, Renewable Energy, Building www.regulations.gov information for 2020. Technologies Office, Mailstop EE–5B, which disclosure is restricted by statute, such as trade secrets and commercial or ADDRESSES: Interested persons are 1000 Independence Avenue SW, financial information (hereinafter encouraged to submit comments using Washington, DC 20585–0121. Email: _ _ referred to as Confidential Business the Federal eRulemaking Portal at AS Waiver [email protected]. Information (‘‘CBI’’)). Comments http://www.regulations.gov. Mr. Michael Kido, U.S. Department of submitted through http:// Alternatively, interested persons may Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, www.regulations.gov cannot be claimed submit comments, identified by case as CBI. Comments received through the number ‘‘2020–002’’, and Docket 1000 Independence Avenue SW, Washington, DC 20585–0103. website will waive any CBI claims for number ‘‘EERE–2020–BT–WAV–0009,’’ the information submitted. For by any of the following methods: Telephone: (202) 586–8145. Email: • [email protected]. information on submitting CBI, see the Federal eRulemaking Portal: http:// Confidential Business Information www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: The U.S. section. instructions for submitting comments. Department of Energy (‘‘DOE’’) is • _ _ DOE processes submissions made Email: AS Waiver Requests@ publishing a petition for waiver from through http://www.regulations.gov ee.doe.gov. Include Case No. 2020–002 Senneca Holdings (‘‘Senneca’’) in its before posting. Normally, comments in the subject line of the message. entirety, pursuant to 10 CFR will be posted within a few days of • 1 Postal Mail: Appliance and 431.401(b)(1)(iv). DOE invites all being submitted. However, if large Equipment Standards Program, U.S. interested parties to submit in writing volumes of comments are being Department of Energy, Office of Energy by October 28, 2020, comments and processed simultaneously, your Efficiency and Renewable Energy, information on all aspects of the comment may not be viewable for up to Building Technologies Office, Mailstop petition, including the alternate test several weeks. Please keep the comment EE–5B, Petition for Waiver Case No. procedure. Pursuant to 10 CFR tracking number that http:// 2020–002, 1000 Independence Avenue 431.401(d), any person submitting www.regulations.gov provides after you SW, Washington, DC 20585–0121. If written comments to DOE must also have successfully uploaded your possible, please submit all items on a send a copy of such comments to the comment. compact disc (‘‘CD’’), in which case it is petitioner. The contact information for Submitting comments via email, hand not necessary to include printed copies. the petitioner is Mike Nagle, Senneca delivery/courier, or postal mail. • Hand Delivery/Courier: Appliance Holdings. Telephone: (513) 603–2965. Comments and documents submitted and Equipment Standards Program, U.S. Email: [email protected]. via email, hand delivery/courier, or Department of Energy, Building Submitting comments via http:// postal mail also will be posted to http:// Technologies Office, 950 L’Enfant Plaza www.regulations.gov. The http:// www.regulations.gov. If you do not want SW, 6th floor, Washington, DC, 20024. www.regulations.gov web page will your personal contact information to be Telephone: (202) 287–1445. If possible, require you to provide your name and publicly viewable, do not include it in please submit all items on a CD, in contact information. Your contact your comment or any accompanying which case it is not necessary to include information will be viewable to DOE documents. Instead, provide your printed copies. Building Technologies staff only. Your contact information on a cover letter. No telefacsimilies (‘‘faxes’’) will be contact information will not be publicly Include your first and last names, email accepted. For detailed instructions on viewable except for your first and last address, telephone number, and submitting comments and additional names, organization name (if any), and optional mailing address. The cover information on this process, see the submitter representative name (if any). letter will not be publicly viewable as SUPPLEMENTARY INFORMATION section of If your comment is not processed long as it does not include any this document. properly because of technical comments. Docket: The docket, which includes difficulties, DOE will use this Include contact information each time Federal Register notices, comments, information to contact you. If DOE you submit comments, data, documents, and other supporting documents/ cannot read your comment due to and other information to DOE. If you materials, is available for review at technical difficulties and cannot contact submit via postal mail or hand delivery/ http://www.regulations.gov. All you for clarification, DOE may not be courier, please provide all items on a documents in the docket are listed in able to consider your comment. CD, if feasible, in which case it is not the http://www.regulations.gov index. However, your contact information necessary to submit printed copies. However, some documents listed in the will be publicly viewable if you include Faxes will not be accepted. index, such as those containing it in the comment or in any documents Comments, data, and other information that is exempt from public attached to your comment. Any information submitted to DOE disclosure, may not be publicly information that you do not want to be electronically should be provided in available. publicly viewable should not be PDF (preferred), Microsoft Word or The docket web page can be found at included in your comment, nor in any Excel, WordPerfect, or text (ASCII) file http://www.regulations.gov/ document attached to your comment. If format. Provide documents that are not docket?D=EERE-2020-BT-WAV-0009. this instruction is followed, persons secured, written in English and free of The docket web page contains viewing comments will see only first any defects or viruses. Documents instruction on how to access all and last names, organization names, should not contain special characters or documents, including public comments, correspondence containing comments, any form of encryption and, if possible, in the docket. See the SUPPLEMENTARY they should carry the electronic INFORMATION section for information on 1 The petition did not identify any of the signature of the author. how to submit comments through information contained therein as confidential Campaign form letters. Please submit http://www.regulations.gov. business information. campaign form letters by the originating

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organization in batches of between 50 to the U.S. Department of Energy (‘‘DOE’’) 10 CFR part 431, subpart R, appendix A, 500 form letters per PDF or as one form to regulate the energy efficiency of a ‘‘Uniform Test Method for the letter with a list of supporters’ names number of consumer products and Measurement of Energy Consumption of compiled into one or more PDFs. This certain industrial equipment. (42 U.S.C. the Components of Envelopes of Walk- reduces comment processing and 6291–6317) Title III, Part C 3 of EPCA, In Coolers and Walk-In Freezers’’ posting time. added by the National Energy (‘‘Appendix A’’). Confidential Business Information. Conservation Policy Act, Public Law Under 10 CFR 431.401, any interested According to 10 CFR 1004.11, any 95–619, sec. 441 (Nov. 9, 1978), person may submit a petition for waiver person submitting information that he established the Energy Conservation from DOE’s test procedure or she believes to be confidential and Program for Certain Industrial requirements. DOE will grant a waiver exempt by law from public disclosure Equipment, which sets forth a variety of from the test procedure requirements if should submit via email, postal mail, or provisions designed to improve the DOE determines either that the basic hand delivery/courier two well-marked energy efficiency for certain types of model for which the waiver was copies: one copy of the document industrial equipment. This equipment requested contains a design marked confidential including all the includes walk-in coolers and walk-in characteristic that prevents testing of the information believed to be confidential, freezers, the subject of this Interim basic model according to the prescribed and one copy of the document marked Waiver Order. (42 U.S.C. 6311(1)(G)) test procedures, or that the prescribed ‘‘non-confidential’’ with the information The energy conservation program test procedures evaluate the basic model believed to be confidential deleted. under EPCA consists essentially of four in a manner so unrepresentative of its Submit these documents via email or on parts: (1) Testing, (2) labeling, (3) true energy consumption characteristics a CD, if feasible. DOE will make its own Federal energy conservation standards, as to provide materially inaccurate determination about the confidential and (4) certification and enforcement comparative data. See 10 CFR status of the information and treat it procedures. Relevant provisions of 431.401(f)(2). A petitioner must include according to its determination. EPCA include definitions (42 U.S.C. in its petition any alternate test It is DOE’s policy that all comments 6311), energy conservation standards procedures known to the petitioner to may be included in the public docket, (42 U.S.C. 6313), test procedures (42 evaluate the performance of the without change and as received, U.S.C. 6314), labeling provisions (42 equipment type in a manner including any personal information U.S.C. 6315), and the authority to representative of the energy provided in the comments (except require information and reports from consumption characteristics of the basic information deemed to be exempt from manufacturers (42 U.S.C. 6316). model. See 10 CFR 431.401(b)(1)(iii). public disclosure). The Federal testing requirements DOE may grant the waiver subject to consist of test procedures that conditions, including adherence to Signing Authority manufacturers of covered equipment alternate test procedures. See 10 CFR This document of the Department of must use as the basis for: (1) Certifying 431.401(f)(2). Energy was signed on September 22, to DOE that their equipment complies As soon as practicable after the 2020, by Alexander N. Fitzsimmons, with the applicable energy conservation granting of any waiver, DOE will Deputy Assistant Secretary for Energy standards adopted pursuant to EPCA (42 publish in the Federal Register a notice Efficiency, Energy Efficiency and U.S.C. 6316(a); 42 U.S.C. 6295(s)), and of proposed rulemaking to amend its Renewable Energy, pursuant to (2) making representations about the regulations so as to eliminate any need delegated authority from the Secretary efficiency of that equipment (42 U.S.C. for the continuation of such waiver. See of Energy. That document with the 6314(d)). Similarly, DOE must use these 10 CFR 431.401(l). As soon thereafter as original signature and date is test procedures to determine whether practicable, DOE will publish in the maintained by DOE. For administrative the equipment complies with relevant Federal Register a final rule to that purposes only, and in compliance with standards promulgated under EPCA. (42 effect. Id. The waiver process also provides that requirements of the Office of the Federal U.S.C. 6316(a); 42 U.S.C. 6295(s)) Register, the undersigned DOE Federal Under 42 U.S.C. 6314, EPCA sets forth DOE may grant an interim waiver if it Register Liaison Officer has been the criteria and procedures DOE is appears likely that the underlying authorized to sign and submit the required to follow when prescribing or petition for waiver will be granted and/ document in electronic format for amending test procedures for covered or if DOE determines that it would be desirable for public policy reasons to publication, as an official document of equipment. EPCA requires that any test grant immediate relief pending a the Department of Energy. This procedures prescribed or amended determination on the underlying administrative process in no way alters under this section must be reasonably petition for waiver. See 10 CFR the legal effect of this document upon designed to produce test results which 431.401(e)(2). Within one year of publication in the Federal Register. reflect the energy efficiency, energy use issuance of an interim waiver, DOE will or estimated annual operating cost of Signed in Washington, DC, on September either: (i) Publish in the Federal covered equipment during a 22, 2020. Register a determination on the petition representative average use cycle and Treena V. Garrett, for waiver; or (ii) publish in the Federal requires that test procedures not be Federal Register Liaison Officer, U.S. Register a new or amended test unduly burdensome to conduct. (42 Department of Energy. procedure that addresses the issues U.S.C. 6314(a)(2)) The test procedure for presented in the waiver. See 10 CFR Case Number 2020–002 measuring the energy consumption of 431.401(h)(1). Interim Waiver Order walk-in cooler and walk-in freezer doors When DOE amends the test procedure I. Background and Authority (‘‘walk-in doors’’) is contained in the to address the issues presented in a Code of Federal Regulations (‘‘CFR’’) at The Energy Policy and Conservation waiver, the waiver will automatically 2 terminate on the date on which use of Act, as amended (‘‘EPCA’’), authorizes Infrastructure Act of 2018, Public Law 115–270 (Oct. 23, 2018). that test procedure is required to 2 All references to EPCA in this document refer 3 For editorial reasons, upon codification in the demonstrate compliance. See 10 CFR to the statute as amended through America’s Water U.S. Code, Part C was redesignated as Part A–1. 431.401(h)(2).

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II. Senneca Holdings’ Petition for prescribed test procedure to Eco-Cold walk-in doors that use electric Waiver and Interim Waiver inaccurately evaluate the true energy door motors. (Senneca, No. 3 at p. 3) By letter dated March 13, 2020, consumption characteristics as to Senneca also requested an interim Senneca Holdings (‘‘Senneca’’) filed a provide materially inaccurate waiver from the existing DOE test petition for waiver and interim waiver comparative data. (Senneca, No. 3 at p. procedure. DOE will grant an interim from the test procedure for walk-in 1) waiver if it appears likely that the doors set forth at 10 CFR part 431, In its petition, Senneca provided petition for waiver will be granted, and/ subpart R, appendix A (‘‘Appendix A’’). performance data for two examples: the or if DOE determines that it would be ® (Senneca, No. 1) 4 Subsequent to the first for the ColdGuard and Eco-Cold desirable for public policy reasons to March 13, 2020, submission and in horizontally sliding door models and grant immediate relief pending a ® response to questions from DOE, the second for the ColdGuard and Eco- determination of the petition for waiver. Senneca provided additional Cold vertical lift door models. (Senneca, See 10 CFR 431.401(e)(2). Absent an interim waiver, Senneca information on several occasions in the No. 3 at pp. 2–3) The first example form of updated petitions for waiver and estimated that 120 cycles is considered asserts that the walk-in doors with interim waiver. On June 12, 2020, to be a normal daily use cycle. The 120- electric door motors identified in its Senneca provided additional cycle estimate is consistent with the petition for a waiver cannot be tested information through a second value relied on by DOE in its evaluation and rated for energy consumption on a submission. (Senneca, No. 2) Upon of potential test procedure provisions to basis representative of their actual further requests for information from address door opening infiltration in the energy consumption characteristics. DOE, the most recent submission was test procedure supplemental notice of III. Requested Alternate Test Procedure 5 proposed rulemaking published filed on July 21, 2020. (Senneca, No. 3) EPCA requires that manufacturers use Section 4.5.2 of Appendix A, ‘‘Direct September 9, 2010. 75 FR 55068, DOE test procedures when making Energy Consumption of Electrical 55085.6 This value is also consistent representations about the energy Components of Non-Display Doors,’’ with the standard duty noted in the consumption and energy consumption establishes percent time off (‘‘PTO’’) corresponding product literature. costs of covered equipment. (42 U.S.C. values that account for the percent of (Senneca, No. 3 at pp. 60–61) One cycle 6314(d)) Consistency is important when time that an electrical device is assumed is defined as one opening and closing of making representations about the energy to be off for lighting, anti-sweat heaters, a door with a door opening of 120 efficiency of equipment, including and any other electricity-consuming inches operating at a speed of 12 inches when demonstrating compliance with devices. The PTO value discounts the per second (‘‘IPS’’) in both directions. applicable DOE energy conservation daily energy consumption of electrical (Senneca, No. 3 at p. 2) For the basic standards. Pursuant to its regulations at components as calculated in section model Senneca presented in this 10 CFR 430.401, and after consideration 4.5.2(b) of Appendix A. Senneca stated example, the normal daily use cycle of public comments on the petition, that the basic models identified in its estimate and cycle time estimate result DOE may establish in a subsequent petition use electric door motors for in a total motor run time of 40 minutes Decision and Order an alternate test vertical and horizontal openings of the (0.67 hours) per day, leaving the door procedure for the basic models walk-in doors. The motors described in motor out of operation for 23.33 hours Senneca’s waiver petition are ‘‘other addressed by the Interim Waiver Order. per day, or 97.2 PTO. Id. Senneca seeks to use an alternate test electricity consuming devices . . . In the second example, Senneca controlled by a preinstalled timer, procedure to test and rate specific walk- estimated that 20 cycles are considered in door basic models. Instead of using control system or other auto-shut-off to be a normal daily use cycle for the system’’ under Appendix A. 10 CFR part the PTO value of 25 percent established vertical lift electric door motors in section 4.5.2(a)(3) of Appendix A for 431, subpart R, appendix A, section identified in the petition for waiver. 4.5.2(a)(3). The DOE test procedure electricity-consuming devices other (Senneca, No. 3 at pp. 2–3) This value than lighting and anti-sweat heaters, specifies using a PTO value of 25 is also consistent with the standard duty percent for such devices, thereby Senneca requests using the minimum noted in the corresponding product calculated PTO value in their petition, reflecting an ‘‘on’’ time of 75 percent. literature. (Senneca, No. 3 at p. 61) For Senneca stated that assuming the door 97 percent, for all of their specified this example, one cycle is defined as ColdGuard® and Eco-Cold models. motor operates for 75 percent of the day one opening and closing of a door with significantly overstates normal motor a door opening of 120 inches operating IV. Interim Waiver Order usage on their ColdGuard® and Eco- at a minimum speed of 8 IPS in both DOE has reviewed Senneca’s Cold powered door models, causing the directions. (Senneca, No. 3 at p. 2) For application for an interim waiver, the the basic model Senneca presented in alternate test procedure requested by 4 A notation in the form ‘‘Senneca, No. 1’’ identifies a written submission: (1) Made by this example, the normal daily use cycle Senneca, and the data provided by Senneca Holdings; and (2) recorded in document estimate and cycle time estimate result Senneca in its July 21, 2020, waiver number 1 that is filed in the docket of this petition in a total run time of 10 minutes (0.17 request, along with material on its for waiver (Docket No. EERE–2020–BT–WAV–0009) hours) per day, leaving the door motor website. As part of DOE’s review, DOE and available for review at http:// www.regulations.gov. out of operation for 23.83 hours per day, considered the potential range of 5 Senneca’s most recent petition for waiver and or 99.3 PTO. Based on these two parameters affecting door motor interim waiver can be found in the regulatory calculations, Senneca petitioned DOE to operating time, including door opening docket at https://www.regulations.gov/ apply a PTO value of 97 percent for width or height, speed of door closing/ document?D=EERE-2020-BT-WAV-0009-0003. Due basic models of their ColdGuard® and to the lengthy list of walk-in door basic models opening, and cycles per day. listed in Senneca’s July 21, 2020 petition, DOE is In evaluating the most energy making the complete list publicly available in the 6 DOE did not adopt test procedure provisions consumptive scenarios, DOE selected relevant regulatory docket. The specific basic addressing door opening infiltration, having the maximum door opening width for models identified in Appendix I of the July 21, 2020 determined that a typical door manufacturer has petition can be found in the docket at http:// very few direct means for reducing the door horizontally sliding doors (144 inches) www.regulations.gov/docket?D=EERE-2020-BT- infiltration on its own. 73 FR 21580, 21595 (Apr. and height for vertical-lift doors (192 WAV-0009. 15, 2011). inches) identified by Senneca in its

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product literature. (Senneca, No. 3 at (1) Senneca must test and rate the certification requirements set forth at 10 pp. 60–61) Then, DOE selected the basic models listed in Appendix I of its CFR part 429. speed of door closing and opening, and July 21, 2020, petition as provided in DOE makes decisions on waivers and cycles per day based on the motor used. Docket Number EERE–2020–BT–WAV– interim waivers for only those basic For Senneca’s horizontally sliding 0009–0003 8 with the alternate test models specifically set out in the doors, i.e., the model numbers procedure set forth in paragraph (2). petition, not future models that may be beginning with ‘‘SSE–EHD–D’’ or ‘‘BPE– (2) The alternate test procedure for the manufactured by the petitioner. Senneca EHD–D’’, the equipment literature states Senneca basic models identified in may submit a new or amended petition that the 1900–RLS Operator or 1900– paragraph (1) of this Interim Waiver for waiver and request for grant of RLS–M Operator motor may be used. Id. Order is the test procedure for walk-in interim waiver, as appropriate, for To estimate the most energy doors prescribed by DOE at 10 CFR part additional basic models of walk-in consumptive scenario, DOE selected the 431, subpart R, appendix A, except that doors. Alternatively, if appropriate, slower operating speed of the two motor the percent time off (‘‘PTO’’) value Senneca may request that DOE extend options: 12 inches per second using the specified in section 4.5.2 ‘‘Direct Energy the scope of a waiver or an interim 1900–RLS–M Operator. Product Consumption of Electrical Components waiver to include additional basic literature for both motors state a of Non-Display Doors’’ shall be 97 models employing the same technology standard duty of 120 cycles of opening percent for door motors. All other as the basic model(s) set forth in the and closing per day. Id. Using these requirements of 10 CFR part 431, original petition consistent with 10 CFR assumptions, DOE calculated the door subpart R, appendix A and DOE’s 431.401(g). motor total off time per day to be 23.2 regulations remain applicable. Signed in Washington, DC, on September hours, or 96.7 PTO, for the horizontally (3) Representations. Senneca may not 22, 2020 sliding door models specified in make representations about the energy Alexander N. Fitzsimmons, Senneca’s petition. use of a basic model listed in paragraph Deputy Assistant Secretary, for Energy For Senneca’s vertical-lift doors, i.e., (1) for compliance, marketing, or other Efficiency, Energy Efficiency and Renewable the model numbers beginning with purposes unless that the basic model Energy. ‘‘VLE’’, the product literature states that has been tested in accordance with the Petition for Senneca Holdings for the VLE Operator motor would be used. provisions set forth above and such Waiver of Test Procedure for Walk-In (Senneca, No. 3 at p. 61) The VLE representations fairly disclose the Cooler and Freezer Doors Operator runs at a speed of 8 inches per results of such testing. Senneca Holdings (‘‘Senneca’’) is second and has a standard duty of 20 (4) This Interim Waiver Order shall petitioning for a Waiver and submitting cycles of opening and closing per day. remain in effect according to the an Application for Interim Waiver from Id. Using these assumptions, DOE provisions of 10 CFR 431.401. the current Department of Energy calculated the door motor total off time (5) This Interim Waiver Order is (‘‘DOE’’) code for walk-in freezer doors per day to be 23.73 hours, or 98.9 PTO. issued on the condition that the door per Title 10 Chapter II Subpart R, This review indicates that the PTO performance characteristics, statements, General Provisions, Section 431.401. value of 97 percent is representative of representations, test data, and Senneca operates in the specialty door the most energy consumptive scenario documentary materials provided by industry and is the parent company to and likely ranges of these parameters. Senneca are valid. If Senneca makes any a diversified group of commercial and Based on this review, Senneca’s modifications to the controls or industrial door brands. Chase Doors, a suggested alternate test procedure that configurations of a basic model subject Senneca Company—began operating in applies a PTO value of 97 percent to this Interim Waiver Order, such 1932 as an insulated walk-in cooler and appears to allow for the accurate modifications will render the waiver specialty refrigeration equipment measurement of the of energy invalid with respect to that basic model, manufacturer. Today, Chase Doors consumption of the specified basic and Senneca will either be required to manufactures made-to-order specialty models, while alleviating the testing use the current Federal test method or door systems, offering a broad spectrum issues associated with Senneca’s submit a new application for a test of specialty doors systems including a implementation of walk-in door testing procedure waiver. DOE may rescind or complete line of cold storage doors and for these basic models. This required modify this waiver at any time if it double-acting swing doors (impact use of 97 percent is consistent with determines the factual basis underlying traffic doors). waivers previously granted in response the petition for the Interim Waiver Certain doors produced under two of to petitions that presented the same Order is incorrect, or the results from Chase Doors’ brands, ColdGuard® and issue as in Senneca’s petition.7 the alternate test procedure are Eco-Cold, are the subject of this petition. Consequently, DOE has determined that unrepresentative of the basic model’s From walk-in coolers to industrial Senneca’s petition for waiver will likely true energy consumption characteristics. warehouse applications, ColdGuard® be granted. Furthermore, DOE has 10 CFR 431.401(k)(1). Likewise, and Eco-Cold offer cooler and freezer determined that it is desirable for public Senneca may request that DOE rescind doors to meet the demanding policy reasons to grant Senneca or modify the Interim Waiver Order if requirements of the cold storage immediate relief pending a Senneca discovers an error in the industry. determination of the petition for waiver. information provided to DOE as part of For the reasons stated, it is ordered its petition, determines that the interim I. Basic Models for Which Senneca that: waiver is no longer needed, or for other Requests a Waiver appropriate reasons. 10 CFR Senneca requests a waiver and ® 7 See Notice of Decision and Order granting a 431.401(k)(2). interim waiver for the ColdGuard and waiver to Jamison Door (Case No. 2017–009; 83 FR (6) Issuance of this Interim Waiver Eco Cold basic models set forth in 53460 (Oct. 23, 2018); Notice of Decision and Order Order does not release Senneca from the Appendix I. granting a waiver to HH Technologies (Case No. 2018–001; 83 FR 53457 (Oct. 23, 2018)); and Please note that Appendix I provides Extension of Waiver to HH Technologies (Case No. 8 Available at http://www.regulations.gov/ a range of potential height and width 2018–011; 84 FR 1434 (Feb. 4, 2019)). docket?D=EERE-2020-BT-WAV-0009-0003. measurements for individual models

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and uses asterisks, or wildcards, to The DOE has stated that door results in much larger energy savings. represent height and width operation of 120 cycles (operations) per Senneca is requesting this waiver so that measurements in the individual model day is normal. We use this cycle number we can continue to sell these power- numbers. Use of the asterisks is as our norm when estimating customer operated doors which are more necessary as Senneca has not yet usage of the sliding model doors listed convenient and efficient for our determined every precise height and above and will use this as the base for customers. These doors represent a large width combination that we will include our first PTO example. One cycle is part of the WICF market, and our in a forthcoming certification defined as one opening and closing business would be severely impacted if submission. In order to ensure DOE has cycle of a door with a door opening of we could no longer make these doors enough information to assess what sized 120 inches operating at a constant speed available for our customers. doors are covered by the waiver request, of 12 IPS in both directions. Senneca has identified the final surface The time during which the door is in III. Interim Waiver Request area for each model listed in Appendix an open or stopped position adds I. Thus, while the exact height and nothing to the calculation as the motor Senneca is also requesting an interim ® width of individual models will be is not powered during this time. waiver for the identified ColdGuard reflected in Senneca’s certifications, Door Cycles/Day = 120 and Eco-Cold basic models and Senneca includes a height and width Door Cycle time = 20 Sec. individual models in Appendix I. range and asterisks in Appendix I of its Total run time/Day (min.) = 40 Without the interim waiver, Senneca waiver petition. Total run time/Day (hr.) = 0.67 would be forced to withhold shipment II. Why Senneca Requests a Waiver Total not running time/Day (hr.) = 23.33 of listed models subject to the current PTO calculated = .972 energy conservation standards even Currently, per the standard in section B. Second Example: ColdGuard® and though other manufacturers have been 4.5.2—titled ‘‘Direct Energy granted a waiver that allows them to Consumption of Electrical Components Eco-Cold Vertical Lift Door Models continue shipment of similar products. of Non-Display Doors’’—of Appendix A Listed Model Group: Obtaining a waiver is a critical step in to Subpart R of Part 431, the rating of • VLE–D—Vertical Lift Electric the door for insulating values and motor eliminating any further economic In our second PTO example, the power use a percent time off (‘‘PTO’’) of hardship, and it is imperative that the ColdGuard® and Eco-Cold Vertical Lift 25 percent. This would require the door interim waiver be granted to avoid door models are operated at a maximum motor to operate for 75 percent of the placing Senneca at a competitive of 20 cycles (operations) per day as day which significantly overstates disadvantage. specified by Chase Doors. One cycle is normal motor usage on our basic brands IV. Other Manufacturers of powered door models, causing the defined as one opening and closing cycle of a door with a door opening of prescribed test procedures’ evaluation of Manufacturers known to us of other 120 inches operating at a constant speed the models to be ‘‘so unrepresentative of basic models that are distributed in the [their] true energy . . . consumption of 8 IPS in both directions. The time during which the door is in United States and that incorporate characteristics as to provide materially designs with similar characteristics that inaccurate comparative data.’’ 10 CFR an open or stopped position adds nothing to the calculation as the motor are subject to this petition include: §431.401(a)(1). JAMISON DOORS, HH The first example, listed below, is for is not powered during this time. TECHNOLOGIES, and FRANK DOORS. the ColdGuard® and Eco-Cold Door Cycles/Day = 20 horizontally sliding door models that Door Cycle time = 30 Sec. Sincerely, normally operate at a total speed of 12 Total run time/Day (min.) = 10 /s/ inches per second (‘‘IPS’’) or greater. Total run time/Day (hr.) = 0.17 The second example is for the Total not running time/Day (hr.) = 23.83 Mike Nagle, ® PTO calculated = .993 ColdGuard and Eco-Cold vertical lift Electrical Engineer, door models that normally operate at a Based on the PTO examples above, total speed of 8 IPS or greater. Senneca requests a waiver to use a PTO Senneca Holdings, Documentation and support for the value of 97 percent as the minimum P: 513–603–2965, C: 513–378–2120, 1 ® numbers used below are included in value for the ColdGuard and Eco- [email protected]. Appendix II. While the supporting Cold models set forth in Appendix I.2 materials in Appendix II refer to and The calculation for all door models Appendix I cover a broader group of doors than the demonstrates a much lower motor run For a list of the specific basic models for ® time than the standards allow which ColdGuard and Eco-Cold basic models which the test procedure applies see docket listed in Appendix I, the materials are at http://www.regulations.gov/docket 1 In using a PTO of 97 as the ‘‘minimum value,’’ accurate in their description of the ?D=EERE-2020-BT-WAV-0009-0003. components of the ColdGuard® and Eco- Senneca means that it is requesting its waiver using the lower of the PTO values from the two examples’ Cold basic models listed in Appendix I. calculations—that is, 97 instead of 99—so that the Appendix II That is, the supporting materials resulting energy consumption represents the For product literature used to calculate ® highest potential energy consumption. provided cover all ColdGuard and Eco- percent time off see docket at http:// Cold basic models listed in Appendix I. 2 This waiver request is limited to the ColdGuard® and Eco-Cold basic models listed in www.regulations.gov/docket?D=EERE-2020- A. First Example: ColdGuard® and Eco- Appendix I. Although additional basic models and BT-WAV-0009-0003. Cold Horizontally Sliding Door Models individual models may exist within a model group, [FR Doc. 2020–21286 Filed 9–25–20; 8:45 am] those basic models and individual models are not Listed Model Groups: power- operated and thus are not included in the BILLING CODE 6450–01–P ® • SSE–EHD–D—Single Slide Electric request. Moreover, the ColdGuard and Eco-Cold Extra Heavy Duty basic models and individual models listed in • Appendix I reflect new modeling nomenclature, BPE–EHD–D—Bi-Parting Electric updated to more closely align with DOE Extra Heavy Duty expectations.

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DEPARTMENT OF ENERGY interested persons an opportunity to time on the specified date(s). Protests view and/or print the contents of this may be considered, but intervention is Federal Energy Regulatory document via the internet through the necessary to become a party to the Commission Commission’s Home Page (http:// proceeding. [Docket No. EL20–71–000] ferc.gov) using the eLibrary link. Enter eFiling is encouraged. More detailed the docket number excluding the last information relating to filing Duke Energy Indiana, LLC v. AEP three digits in the docket number field requirements, interventions, protests, Indiana Michigan Transmission to access the document. At this time, the service, and qualifying facilities filings Company, Inc.; Notice of Complaint Commission has suspended access to can be found at: http://www.ferc.gov/ the Commission’s Public Reference docs-filing/efiling/filing-req.pdf. For Take notice that on September 21, Room, due to the proclamation other information, call (866) 208–3676 2020, pursuant to sections 206, 306, and declaring a National Emergency (toll free). For TTY, call (202) 502–8659. 309 of the Federal Power Act, 16 U.S.C. concerning the Novel Coronavirus 824e, 825c, 825h, and Rule 206 of the Dated: September 22, 2020. Disease (COVID–19), issued by the Kimberly D. Bose, Federal Energy Regulatory President on March 13, 2020. For Commission’s (Commission) Rules of Secretary. assistance, contact the Federal Energy Practice and Procedure, 18 CFR 385.206, Regulatory Commission at [FR Doc. 2020–21338 Filed 9–25–20; 8:45 am] Duke Energy Indiana, LLC [email protected], or call BILLING CODE 6717–01–P (Complainant) filed a formal complaint toll-free, (886) 208–3676 or TYY, (202) against AEP Indiana Michigan 502–8659. Transmission Company, Inc., DEPARTMENT OF ENERGY Comment Date: 5:00 p.m. Eastern (Respondent) requesting that the Time on October 13, 2020. Commission find that Respondent’s Federal Energy Regulatory formula rate is unjust and unreasonable Dated: September 22, 2020. Commission because it provides an annual revenue Kimberly D. Bose, [Docket No. EL20–72–000] requirement that exceeds the net book Secretary. value of certain transmission assets as [FR Doc. 2020–21339 Filed 9–25–20; 8:45 am] Louisiana Public Service Commission, contemplated in a prior Commission BILLING CODE 6717–01–P Arkansas Public Service Commission, order approving disposition of those Council of the City of New Orleans, assets, all as more fully explained in the Louisiana, Mississippi Public Service complaint. DEPARTMENT OF ENERGY Commission v. System Energy The Complainant certifies that copies Resources, Inc., Entergy Services, of the complaint were served on the Federal Energy Regulatory LLC; Notice of Complaint contacts listed for Respondent in the Commission Commission’s list of Corporate Officials. Take notice that on September 21, Any person desiring to intervene or to Combined Notice of Filings 2020, pursuant to sections 306, and 309 of the Federal Power Act, 16 U.S.C. protest this filing must file in Take notice that the Commission has 825e, and 825h, and Rule 206 of the accordance with Rules 211 and 214 of received the following Natural Gas Federal Energy Regulatory the Commission’s Rules of Practice and Pipeline Rate and Refund Report filings: Procedure (18 CFR 385.211, 385.214). Commission’s (Commission) Rules of Docket Numbers: RP20–1201–000. Protests will be considered by the Practice and Procedure, 18 CFR 385.206, Applicants: Dominion Energy Commission in determining the Louisiana Public Service Commission, Overthrust Pipeline, LLC. appropriate action to be taken, but will Arkansas Public Service Commission, Description: § 4(d) Rate Filing: Non- not serve to make protestants parties to Council of the City of New Orleans, conforming TSAs, Citadel Amendment the proceeding. Any person wishing to Louisiana, and Mississippi Public No. 36 to be effective 10/1/2020. become a party must file a notice of Service Commission (Complainants) Filed Date: 9/21/20. intervention or motion to intervene, as filed a formal complaint against System Accession Number: 20200921–5103. appropriate. The Respondent’s answer Energy Resources, Inc. (SERI) and Comments Due: 5 p.m. ET 10/5/20. and all interventions, or protests must Entergy Services, LLC (Respondents), be filed on or before the comment date. Docket Numbers: RP20–1203–000. alleging that SERI violated its filed rate The Respondent’s answer, motions to Applicants: Columbia Gas and the Commission’s ratemaking and intervene, and protests must be served Transmission, LLC. accounting requirements in billing the on the Complainants. Description: § 4(d) Rate Filing: costs of the Grand Gulf nuclear unit to The Commission strongly encourages September 22 Neg Rate Amendment to its four affiliated customers, Entergy electronic filings of comments, protests be effective 9/22/2020. Arkansas, LLC., Entergy Louisiana LLC., and interventions in lieu of paper using Filed Date: 9/21/20. Entergy Mississippi, LLC. and Entergy the eFiling link at http://www.ferc.gov. Accession Number: 20200921–5163. New Orleans, LLC, pursuant to a Unit Persons unable to file electronically may Comments Due: 5 p.m. ET 10/5/20. Power Sales Agreement, all as more mail similar pleadings to the Federal The filings are accessible in the fully explained in the complaint. Energy Regulatory Commission, 888 Commission’s eLibrary system (https:// The Complainants certifies that copies First Street NE, Washington, DC 20426. elibrary.ferc.gov/idmws/search/ of the complaint were served on the Hand delivered submissions in fercgensearch.asp) by querying the contacts listed for Respondents in the docketed proceedings should be docket number. Commission’s list of Corporate Officials. delivered to Health and Human Any person desiring to intervene or Any person desiring to intervene or to Services, 12225 Wilkins Avenue, protest in any of the above proceedings protest this filing must file in Rockville, Maryland 20852. must file in accordance with Rules 211 accordance with Rules 211 and 214 of In addition to publishing the full text and 214 of the Commission’s the Commission’s Rules of Practice and of this document in the Federal Regulations (18 CFR 385.211 and Procedure (18 CFR 385.211, 385.214). Register, the Commission provides all 385.214) on or before 5:00 p.m. Eastern Protests will be considered by the

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Commission in determining the Description: Notice of Self- Filed Date: 9/22/20. appropriate action to be taken, but will Certification of Exempt Wholesale Accession Number: 20200922–5028. not serve to make protestants parties to Generator Status of Bluebell Solar II, Comments Due: 5 p.m. ET 10/13/20. the proceeding. Any person wishing to LLC. Docket Numbers: ER20–2945–000. become a party must file a notice of Filed Date: 9/21/20. Applicants: PJM Interconnection, intervention or motion to intervene, as Accession Number: 20200921–5175. L.L.C. appropriate. The Respondent’s answer Comments Due: 5 p.m. ET 10/13/20. Description: Tariff Cancellation: and all interventions, or protests must Take notice that the Commission Notice of Cancellation of ISA, SA No. be filed on or before the comment date. received the following electric rate 4634; Queue No. AB1–135 to be The Respondent’s answer, motions to filings: effective 6/7/2017. intervene, and protests must be served Docket Numbers: ER19–283–002. Filed Date: 9/22/20. on the Complainants. Applicants: Midcontinent Accession Number: 20200922–5049. The Commission strongly encourages Independent System Operator, Inc. Comments Due: 5 p.m. ET 10/13/20. electronic filings of comments, protests Description: Midcontinent Docket Numbers: ER20–2946–000. and interventions in lieu of paper using Independent System Operator, Inc. Applicants: Antelope DSR 3, LLC. the eFiling link at http://www.ferc.gov. submits tariff filing per 35.19a(b): Description: § 205(d) Rate Filing: First Persons unable to file electronically may Refund Report_ALLETE, Inc. to be A and R Master Interconnection mail similar pleadings to the Federal effective N/A. Services Agmt to be effective 9/23/2020. Energy Regulatory Commission, 888 Filed Date: 9/21/20. Filed Date: 9/22/20. First Street NE, Washington, DC 20426. Accession Number: 20200921–5166. Accession Number: 20200922–5053. Hand delivered submissions in Comments Due: 5 p.m. ET 10/13/20. Comments Due: 5 p.m. ET 10/13/20. docketed proceedings should be Docket Numbers: ER20–1424–001. Docket Numbers: ER20–2947–000. delivered to Health and Human Applicants: Yards Creek Energy, LLC. Applicants: Antelope Expansion 2, Services, 12225 Wilkins Avenue, Description: Compliance filing: LLC. Rockville, Maryland 20852. Reactive Service Rate Schedule Description: § 205(d) Rate Filing: First In addition to publishing the full text Compliance Filing to be effective 9/8/ A and R Master Interconnection of this document in the Federal 2020. Services Agmt to be effective 9/23/2020. Register, the Commission provides all Filed Date: 9/22/20. Filed Date: 9/22/20. interested persons an opportunity to Accession Number: 20200922–5040. Accession Number: 20200922–5054. view and/or print the contents of this Comments Due: 5 p.m. ET 10/13/20. Comments Due: 5 p.m. ET 10/13/20. document via the internet through the Docket Numbers: ER20–2941–000. Docket Numbers: ER20–2948–000. Commission’s Home Page (http:// Applicants: RE Slate 1 LLC. Applicants: San Pablo Raceway, LLC. ferc.gov) using the eLibrary link. Enter Description: Baseline eTariff Filing: Description: § 205(d) Rate Filing: First the docket number excluding the last Certificate of Concurrence to Shared A and R Master Interconnection three digits in the docket number field Facilities Agreement to be effective 11/ Services Agmt to be effective 9/23/2020. to access the document. At this time, the 2/2020. Filed Date: 9/22/20. Commission has suspended access to Filed Date: 9/21/20. Accession Number: 20200922–5055. the Commission’s Public Reference Accession Number: 20200921–5167. Comments Due: 5 p.m. ET 10/13/20. Room, due to the proclamation Comments Due: 5 p.m. ET 10/13/20. Docket Numbers: ER20–2949–000. declaring a National Emergency Docket Numbers: ER20–2942–000. Applicants: Tri-State Generation and concerning the Novel Coronavirus Applicants: AMP Transmission, LLC, Transmission Association, Inc. Disease (COVID–19), issued by the PJM Interconnection, L.L.C. Description: § 205(d) Rate Filing: President on March 13, 2020. For Description: § 205(d) Rate Filing: AMP Unexecuted Service Agreement No. 610 assistance, contact the Federal Energy Transmission, LLC submits Revisions to between Tri-State and GNE to be Regulatory Commission at OATT, Att. H–32A to be effective 1/1/ effective 9/22/2020. [email protected], or call 2019. Filed Date: 9/22/20. toll-free, (886) 208–3676 or TYY, (202) Filed Date: 9/21/20. Accession Number: 20200922–5062. 502–8659. Accession Number: 20200921–5180. Comments Due: 5 p.m. ET 10/13/20. Comment Date: 5:00 p.m. Eastern Comments Due: 5 p.m. ET 10/13/20. Take notice that the Commission Time on October 12, 2020. Docket Numbers: ER20–2943–000. received the following public utility Dated: September 22, 2020. Applicants: New York Independent holding company filings: Kimberly D. Bose, System Operator, Inc., Central Hudson Docket Numbers: PH20–17–000. Secretary. Gas & Electric Corporation. Applicants: LS Power Development, [FR Doc. 2020–21344 Filed 9–25–20; 8:45 am] Description: § 205(d) Rate Filing: Joint LLC. BILLING CODE 6717–01–P NYISO & Central Hudson 205 re: SA Description: LS Power Development, 2547 with Hecate Energy Greene 1 to be LLC submits FERC–65–B Notice of Non- effective 9/8/2020. Material Change in Fact to Waiver DEPARTMENT OF ENERGY Filed Date: 9/22/20. Notification under PH20–17. Accession Number: 20200922–5014. Filed Date: 9/22/20. Federal Energy Regulatory Comments Due: 5 p.m. ET 10/13/20. Accession Number: 20200922–5076. Commission Docket Numbers: ER20–2944–000. Comments Due: 5 p.m. ET 10/13/20. Applicants: New York Independent The filings are accessible in the Combined Notice of Filings #1 System Operator, Inc., Central Hudson Commission’s eLibrary system (https:// Take notice that the Commission Gas & Electric Corporation. elibrary.ferc.gov/idmws/search/ received the following exempt Description: § 205(d) Rate Filing: Joint fercgensearch.asp) by querying the wholesale generator filings: NYISO & Central Hudson 205 re: SA docket number. Docket Numbers: EG20–247–000. 2548 with Hecate Energy Greene 2 to be Any person desiring to intervene or Applicants: Bluebell Solar II, LLC. effective 9/8/2020. protest in any of the above proceedings

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must file in accordance with Rules 211 appropriate action to be taken but will SUMMARY: The extension of existing and 214 of the Commission’s not serve to make protestants parties to Central Arizona Project (CAP) Regulations (18 CFR 385.211 and the proceeding. Any person wishing to transmission service formula rates has 385.214) on or before 5:00 p.m. Eastern become a party must file a notice of been confirmed, approved, and placed time on the specified comment date. intervention or motion to intervene, as into effect on an interim basis. The Protests may be considered, but appropriate. Such notices, motions, or existing formula rates under Rate intervention is necessary to become a protests must be filed on or before the Schedules CAP–FT3, CAP–NFT3, and party to the proceeding. comment date. Anyone filing a motion CAP–NITS3 were set to expire on eFiling is encouraged. More detailed to intervene, or protest must serve a December 31, 2020. This rate extension, information relating to filing copy of that document on the Petitioner. which makes no change to the existing requirements, interventions, protests, The Commission encourages formula rates, extends them through service, and qualifying facilities filings electronic submission of protests and December 31, 2025. can be found at: http://www.ferc.gov/ interventions in lieu of paper using the DATES: The extended formula rates docs-filing/efiling/filing-req.pdf. For ‘‘eFiling’’ link at http://www.ferc.gov. under Rate Schedules CAP–FT3, CAP– other information, call (866) 208–3676 Persons unable to file electronically may NFT3, and CAP–NITS3 will be placed (toll free). For TTY, call (202) 502–8659. mail similar pleadings to the Federal into effect on an interim basis on Dated: September 22, 2020. Energy Regulatory Commission, 888 January 1, 2021. First Street NE, Washington, DC 20426. Kimberly D. Bose, FOR FURTHER INFORMATION CONTACT: Hand delivered submissions in Secretary. Tracey A. LeBeau, Regional Manager, docketed proceedings should be [FR Doc. 2020–21350 Filed 9–25–20; 8:45 am] Desert Southwest Region, Western Area delivered to Health and Human BILLING CODE 6717–01–P Power Administration, P.O. Box 6457, Services, 12225 Wilkins Avenue, Phoenix, AZ 85005–6457, telephone Rockville, Maryland 20852. (602) 605–2525, or email: dswpwrmrk@ DEPARTMENT OF ENERGY In addition to publishing the full text wapa.gov; or Tina Ramsey, Rates of this document in the Federal Manager, Desert Southwest Region, Federal Energy Regulatory Register, the Commission provides all Western Area Power Administration, Commission interested persons an opportunity to telephone (602) 605–2565, or email: view and/or print the contents of this [Docket No. RP20–1202–000] [email protected]. document via the internet through the SUPPLEMENTARY INFORMATION: Midship Pipeline Company, LLC; Commission’s Home Page (http:// Notice of Petition for Declaratory Order www.ferc.gov) using the ‘‘eLibrary’’ link. Legal Authority Enter the docket number excluding the Take notice that on September 21, last three digits in the docket number By Delegation Order No. 00–037.00B, 2020, pursuant to Rule 207(a)(2) of the field to access the document. At this effective November 19, 2016, the Federal Energy Regulatory time, the Commission has suspended Secretary of Energy delegated: (1) The Commission’s (Commission) Rules of access to the Commission’s Public authority to develop power and Practice and Procedure, 18 CFR Reference Room, due to the transmission rates to the Western Area 385.207(a)(2) (2020), Midship Pipeline proclamation declaring a National Power Administration’s (WAPA) Company, LLC (Midship Pipeline or Emergency concerning the Novel Administrator; (2) the authority to Petitioner) filed a petition for a Coronavirus Disease (COVID–19), issued confirm, approve, and place such rates declaratory order seeking a Commission by the President on March 13, 2020. For into effect on an interim basis to the order holding that if Gulfport Energy assistance, contact the Federal Energy Deputy Secretary of Energy; and (3) the Corporation (Gulfport) files for Regulatory Commission at authority to confirm, approve on a final bankruptcy, the Commission will have [email protected] or call basis, remand, or disapprove such rates concurrent jurisdiction, under sections toll-free, (886) 208–3676 or TYY, (202) to the Federal Energy Regulatory 4 and 5 of the Natural Gas Act, 15 U.S.C. 502–8659. Commission (FERC). In Delegation 717c and 717d (2018), with U.S. Comment Date: 5:00 p.m. Eastern time Order No. 00–002.00S, effective January Bankruptcy Courts with respect to a on September 28, 2020. 15, 2020, the Secretary of Energy also firm transportation service agreement, delegated the authority to confirm, negotiated rate agreement, and Dated: September 21, 2020. approve, and place such rates into effect associated surviving terms in a Kimberly D. Bose, on an interim basis to the Under precedent agreement between Midship Secretary. Secretary of Energy. By Redelegation Pipeline and Gulfport. In addition, [FR Doc. 2020–21374 Filed 9–25–20; 8:45 am] Order No. 00–002.10E, effective Midship Pipeline requests that the BILLING CODE 6717–01–P February 14, 2020, the Under Secretary Commission establish a process in this of Energy further delegated the authority proceeding in which to evaluate the to confirm, approve, and place such public interest implications of a DEPARTMENT OF ENERGY rates into effect on an interim basis to potential rejection of the agreement, the Assistant Secretary for Electricity. Western Area Power Administration should Gulfport initiate bankruptcy By Redelegation Order No. 00–002.10– 05, effective July 8, 2020, the Assistant proceedings and propose to reject the Central Arizona Project—Rate Order Secretary for Electricity further agreement. No. WAPA–193 Any person desiring to intervene or to delegated the authority to confirm, protest this filing must file in AGENCY: Western Area Power approve, and place such rates into effect accordance with Rules 211 and 214 of Administration, DOE. on an interim basis to WAPA’s the Commission’s Rules of Practice and Administrator. This extension is issued ACTION: Notice of rate order extending Procedure (18 CFR 385.211, 385.214). under Redelegation Order No. 00– Central Arizona Project transmission Protests will be considered by the 002.10–05 and the Department of service formula rates. Commission in determining the Energy’s (DOE) rate extension

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procedures set forth at 10 CFR Department of Energy (DOE) periods. This ensures repayment within 903.23(a).1 Organization Act (42 U.S.C. 7152).2 the cost recovery criteria set forth in Following DOE’s review of WAPA’s By Delegation Order No. 00–037.00B, DOE Order RA 6120.2. proposal, I hereby confirm, approve, effective November 19, 2016, the and place Rate Order No. WAPA–193 Secretary of Energy delegated: (1) The Discussion authority to develop power and into effect on an interim basis. This In accordance with 10 CFR 903.23(a), transmission rates to the Western Area extends, without adjustment, existing WAPA filed a notice in the Federal Rate Schedules CAP–FT3, CAP–NFT3, Power Administration’s (WAPA) Register on June 26, 2020, proposing to and CAP–NITS3 through December 31, Administrator; (2) the authority to extend, without adjustment, Rate 2025. WAPA will submit Rate Order No. confirm, approve, and place into effect Schedules CAP–FT3, CAP–NFT3, and WAPA–193 and the extended rate such rates on an interim basis to the schedules to FERC for confirmation and Deputy Secretary of Energy; and (3) the CAP–NITS3 under Rate Order No. 5 approval on a final basis. authority to confirm, approve on a final WAPA–193. WAPA determined it was basis, remand, or disapprove such rates not necessary to hold public Determination Under Executive Order to the Federal Energy Regulatory information or public comment forums 12866 Commission (FERC). By Delegation on the proposed formula rate extension, WAPA has an exemption from Order No. 00–002.00S, effective January but provided a 30-day consultation and centralized regulatory review under 15, 2020, the Secretary of Energy also comment period to give the public an Executive Order 12866; accordingly, no delegated the authority to confirm, opportunity to comment on the clearance of this notice by the Office of approve, and place such rates into effect proposed extension. The consultation Management and Budget is required. on an interim basis to the Under and comment period ended on July 27, Secretary of Energy. By Redelegation Signing Authority 2020, and WAPA received no comments Order No. 00–002.10E, effective on the proposed transmission service This document of the Department of February 14, 2020, the Under Secretary formula rate extension. Energy was signed on September 22, of Energy further delegated the authority 2020, by Mark A. Gabriel, to confirm, approve, and place such Submission to the Federal Energy Administrator, Western Area Power rates into effect on an interim basis to Regulatory Commission Administration, pursuant to delegated the Assistant Secretary for Electricity. authority from the Secretary of Energy. By Redelegation Order No. 00–002.10– The provisional transmission service That document, with the original 05, effective July 8, 2020, the Assistant formula rates herein confirmed, signature and date, is maintained by Secretary for Electricity further approved, and placed into effect on an DOE. For administrative purposes only, delegated the authority to confirm, interim basis, together with supporting and in compliance with requirements of approve, and place such rates into effect documents, will be submitted to FERC the Office of the Federal Register, the on an interim basis to WAPA’s for confirmation and final approval. Administrator. This extension is issued undersigned DOE Federal Register Order Liaison Officer has been authorized to under Redelegation Order No. 00– sign and submit the document in 002.10–05 and DOE’s rate extension In view of the above and under the electronic format for publication, as an procedures set forth at 10 CFR 3 authority delegated to me, I hereby official document of the Department of 903.23(a). confirm, approve, and place into effect Energy. This administrative process in Background on an interim basis, Rate Order No. no way alters the legal effect of this WAPA–193, which extends the existing document upon publication in the On January 27, 2020, FERC approved and confirmed Rate Schedules CAP– transmission service formula rates for Federal Register. FT3, CAP–NFT3, and CAP–NITS3 the Central Arizona Project under Rate Signed in Washington, DC, on September under Rate Order No. WAPA–172 on a Schedules CAP–FT3, CAP–NFT3, and 23, 2020. final basis for a 5-year period beginning CAP–NITS3 through December 31, Treena V. Garrett, January 1, 2016 and ending December 2025. The rates will remain in effect on Federal Register Liaison Officer, U.S. 31, 2020.4 These rate schedules apply to an interim basis until: (1) FERC Department of Energy. the Central Arizona Project transmission confirms and approves this extension on Department of Energy service formula rates. The existing a final basis; (2) subsequent rates are transmission service formula rates confirmed and approved; or (3) such Administrator, Western Area Power provide adequate revenue to pay all rates are superseded. Administration annual costs, including interest expense, and to repay required Signed in Lakewood, CO, on September 22, In the Matter of: Western Area Power 2020. Administration Extension of Central investments within allowable time Arizona Project Transmission Service Mark A. Gabriel Formula Rates 2 This Act transferred to, and vested in, the Administrator. Secretary of Energy the power marketing functions Rate Order No. WAPA–193 of the Secretary of the Department of the Interior [FR Doc. 2020–21336 Filed 9–25–20; 8:45 am] and the Bureau of Reclamation (Reclamation) under BILLING CODE 6450–01–P Order Confirming, Approving, and the Reclamation Act of 1902 (ch. 1093, 32 Stat. Placing the Transmission Service 388), as amended and supplemented by subsequent Formula Rates for the Central Arizona laws, particularly section 9(c) of the Reclamation Project Into Effect on an Interim Basis Project Act of 1939 (43 U.S.C. 485h(c)) and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s); The transmission service formula and other acts that specifically apply to the projects rates in Rate Order No. WAPA–193 are involved. established following section 302 of the 3 50 FR 37835 (Sept. 18, 1985) and 84 FR 5347 (Feb. 21, 2019). 4 Order Confirming and Approving Rate 1 50 FR 37835 (Sept. 18, 1985) and 84 FR 5347 Schedules on a Final Basis, FERC Docket No. EF19– (Feb. 21, 2019). 6–000, 170 FERC ¶ 62,055 (2020). 5 85 FR 38368 (June 26, 2020).

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ENVIRONMENTAL PROTECTION programs covered by the application been granted to INEOS for three Class I AGENCY and will use electronic document hazardous waste injection wells located receiving systems that meet the at their Green Lake Complex located in [FRL–10014–27–OMS] applicable subpart D requirements. Port Lavaca, Texas. The company has Cross-Media Electronic Reporting: On August 18, 2020, the Texas adequately demonstrated to the Authorized Program Revision Commission on Environmental Quality satisfaction of the Environmental Approval, State of Texas (TCEQ) submitted an application titled Protection Agency (EPA) by the petition EPA NPDES Electronic Reporting Tool reissuance application and supporting AGENCY: Environmental Protection (NeT) for revisions/modifications to its documentation that, to a reasonable Agency (EPA). EPA-approved programs under title 40 degree of certainty, there will be no ACTION: Notice. CFR to allow new electronic reporting. migration of hazardous constituents EPA reviewed TCEQ’s request to revise/ from the injection zone for as long as the SUMMARY: This notice announces the modify its EPA-authorized programs waste remains hazardous. This final Environmental Protection Agency (EPA) and, based on this review, EPA decision allows the underground approval of the State of Texas’s request determined that the application met the injection by INEOS, of the specific to revise/modify certain of its EPA- standards for approval of authorized restricted hazardous wastes identified in authorized programs to allow electronic program revisions/modifications set out this exemption reissuance, into Class I reporting. in 40 CFR part 3, subpart D. In hazardous waste injection Wells WDW– DATES: EPA approves the authorized accordance with 40 CFR 3.1000(d), this 163, WDW–164, and WDW–165 until program revisions/modifications as of notice of EPA’s decision to approve December 31, 2028, unless EPA moves September 28, 2020. Texas’s request to revise/modify its to terminate this exemption. Additional FOR FURTHER INFORMATION CONTACT: following EPA-authorized programs to conditions included in this final Shirley M. Miller, Cross-Media allow electronic reporting under 40 CFR decision may be reviewed by contacting Electronic Reporting Rule (CROMERR) parts 123 and 501 is being published in the Region 6 Ground Water/UIC Section. Program Manager, U.S. Environmental the Federal Register: A public notice was issued June 24, Protection Agency, Office of Part 123: EPA-Administered Permit 2020, and the public comment period Environmental Information, Mail Stop Programs: the National Pollutant closed on August 10, 2020. No 2824T, 1200 Pennsylvania Avenue NW, Discharge Elimination System comments were received. This decision Washington, DC 20460, (202) 566–2908, (NPDES) Reporting under CFR 122 & constitutes final Agency action and [email protected]. 125 there is no Administrative appeal. This SUPPLEMENTARY INFORMATION: On Part 501: State Sludge Management decision may be reviewed/appealed in October 13, 2005, the final Cross-Media Program Regulations Reporting under compliance with the Administrative Electronic Reporting Rule (CROMERR) 40 CFR 503 Procedure Act. was published in the Federal Register TCEQ was notified of EPA’s DATES: This action is effective as of (70 FR 59848) and codified as part 3 of determination to approve its application September 17, 2020. title 40 of the CFR. CROMERR with respect to the authorized programs ADDRESSES: Copies of the petition establishes electronic reporting as an listed above. reissuance and all pertinent information acceptable regulatory alternative to Dated: September 4, 2020. relating thereto are on file at the paper reporting and establishes Jennifer Campbell, following location: Environmental requirements to assure that electronic Acting Office Director, Office of Information Protection Agency, Region 6, Water documents are as legally dependable as Management. Division, Safe Drinking Water Branch their paper counterparts. Subpart D of [FR Doc. 2020–20878 Filed 9–25–20; 8:45 am] (6WQ–S), 1201 Elm Street, Suite 500, CROMERR requires that state, tribal or BILLING CODE 6560–50–P Dallas, Texas 75270–2102. local government agencies that receive, FOR FURTHER INFORMATION CONTACT: Ken or wish to begin receiving, electronic Johnson, Chief Ground Water/UIC reports under their EPA-authorized ENVIRONMENTAL PROTECTION Section, EPA—Region 6, telephone programs must apply to EPA for a AGENCY (214) 665–8473. revision or modification of those programs and obtain EPA approval. [FRL–10014–70–Region 6] Dated: September 17, 2020. Subpart D provides standards for such Charles Maguire, approvals based on consideration of the Underground Injection Control Director, Water Division, Region 6. Program; Hazardous Waste Injection electronic document receiving systems [FR Doc. 2020–21321 Filed 9–25–20; 8:45 am] Restrictions; Petition for Exemption that the state, tribe, or local government BILLING CODE 6560–50–P will use to implement the electronic Reissuance—Class I Hazardous Waste reporting. Additionally, § 3.1000(b) Injection; INEOS Nitriles USA LLC through (e) of 40 CFR part 3, subpart D (INEOS)—Green Lake Complex, Port Lavaca, Texas FEDERAL COMMUNICATIONS provides special procedures for program COMMISSION revisions and modifications to allow AGENCY: Environmental Protection electronic reporting, to be used at the Agency (EPA). [OMB 3060–1247; FRS 17101] option of the state, tribe or local ACTION: Notice of a final decision on a Information Collection Being government in place of procedures no migration petition reissuance. available under existing program- Submitted for Review and Approval to specific authorization regulations. An SUMMARY: Notice is hereby given that a Office of Management and Budget application submitted under the subpart reissuance of an exemption to the land AGENCY: Federal Communications D procedures must show that the state, disposal Restrictions, under the 1984 Commission. tribe or local government has sufficient Hazardous and Solid Waste ACTION: Notice and request for legal authority to implement the Amendments to the Resource comments. electronic reporting components of the Conservation and Recovery Act, has

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SUMMARY: As part of its continuing effort of this ICR and then click on the ICR is confidential, respondents may request to reduce paperwork burdens, as Reference Number. A copy of the FCC confidential treatment of such required by the Paperwork Reduction submission to OMB will be displayed. information under 47 CFR 0.459 of the Act (PRA) of 1995, the Federal SUPPLEMENTARY INFORMATION: As part of Commission’s rules. Communications Commission (FCC or its continuing effort to reduce Needs and Uses: On February 24, the Commission) invites the general paperwork burdens, as required by the 2017, the Commission released the Part public and other Federal Agencies to Paperwork Reduction Act (PRA) of 1995 32 Order, WC Docket No. 14–130, CC take this opportunity to comment on the (44 U.S.C. 3501–3520), the FCC invited Docket No. 80–286, FCC 17–15, which following information collection. the general public and other Federal minimized the compliance burdens Pursuant to the Small Business Agencies to take this opportunity to imposed by the Uniform System of Paperwork Relief Act of 2002, the FCC comment on the following information Accounts (USOA) on price cap and rate- seeks specific comment on how it might collection. Comments are requested of-return telephone companies, while ‘‘further reduce the information concerning: (a) Whether the proposed ensuring that the Commission retains collection burden for small business collection of information is necessary access to the information it needs to concerns with fewer than 25 for the proper performance of the fulfill its regulatory duties. The employees.’’ The Commission may not functions of the Commission, including Commission consolidated Class A and conduct or sponsor a collection of whether the information shall have Class B accounts by eliminating the information unless it displays a practical utility; (b) the accuracy of the current classification of carriers, which divides incumbent LECS into two currently valid Office of Management Commission’s burden estimates; (c) classes for accounting purposes based and Budget (OMB) control number. No ways to enhance the quality, utility, and on annual revenues. Carriers subject to person shall be subject to any penalty clarity of the information collected; and Part 32’s USOA are now only required for failing to comply with a collection (d) ways to minimize the burden of the of information subject to the PRA that to keep Class B accounts. collection of information on the Pursuant to the Part 32 Order, price does not display a valid OMB control respondents, including the use of number. cap carriers may elect to use generally automated collection techniques or accepted accounting principles (GAAP) DATES: Written comments and other forms of information technology. for all regulatory accounting purposes if recommendations for the proposed Pursuant to the Small Business they: (1) Establish an ‘‘Implementation information collection should be Paperwork Relief Act of 2002, Public Rate Difference’’ (IRD) which is the submitted on or before October 28, Law 107–198, see 44 U.S.C. 3506(c)(4), difference between pole attachment 2020. the FCC seeks specific comment on how rates calculated under Part 32 and under ADDRESSES: Comments should be sent to it might ‘‘further reduce the information GAAP as of the last full year preceding www.reginfo.gov/public/do/PRAMain. collection burden for small business the carrier’s initial opting out of Part 32 Find this particular information concerns with fewer than 25 accounting requirements; and (2) adjust collection by selecting ‘‘Currently under employees.’’ their annually-computed GAAP-based 30-day Review—Open for Public OMB Control Number: 3060–1247. pole attachment rates by the IRD for a Comments’’ or by using the search Title: Part 32 Uniform System of period of 12 years after the election. function. Your comment must be Accounts. Alternatively, price cap carriers may submitted into www.reginfo.gov per the Form Number: N/A. elect to use GAAP accounting for all above instructions for it to be Type of Review: Revision of a purposes other than those associated considered. In addition to submitting in currently approved collection. with pole attachment rates and continue www.reginfo.gov also send a copy of Respondents: Business or other for- to use the Part 32 accounts and your comment on the proposed profit entities. procedures applicable to pole information collection to Nicole Ongele, Number of Respondents and attachment rates for up to 12 years. A FCC, via email to [email protected] and to Responses: 949 respondents; 1,944 price cap carrier may be required to [email protected]. Include in the responses. submit pole attachment accounting data comments the OMB control number as Estimated Time per Response: 20–40 to the Commission for three years shown in the SUPPLEMENTARY hours. following the effective date of the rule INFORMATION below. Frequency of Response: On occasion, permitting a price cap carrier to elect FOR FURTHER INFORMATION CONTACT: For and annual reporting requirements; GAAP accounting. If a pole attacher additional information or copies of the recordkeeping requirements. informs the Commission of a suspected information collection, contact Nicole Obligation to Respond: Required to problem with pole attachment rates, the Ongele at (202) 418–2991. To view a obtain or retain benefits. Statutory Commission will require the price cap copy of this information collection authority for this information collection carrier to file its pole attachment data request (ICR) submitted to OMB: (1) Go is contained in 47 U.S.C. 10, 201, 219– for the state in question. This to the web page http://www.reginfo.gov/ 220, 224, 254(k), 272(e)(3), and 403 of requirement may be extended for an public/do/PRAMain, (2) look for the the Communications Act of 1934, as additional three years, if necessary. section of the web page called amended, 47 U.S.C. 160, 201, 219–220, The Commission reduced the ‘‘Currently Under Review,’’ (3) click on 224, 254(k), 272(e)(3), and 403. accounting requirements for telephone the downward-pointing arrow in the Total Annual Burden: 69,820 hours. companies with a continuing obligation ‘‘Select Agency’’ box below the Total Annual Cost: No cost. to comply with Part 32 in a number of ‘‘Currently Under Review’’ heading, (4) Privacy Act Impact Assessment: No areas. Telephone companies may: (1) select ‘‘Federal Communications impact(s). Carry an asset at its purchase price Commission’’ from the list of agencies Nature and Extent of Confidentiality: when it was acquired, even if its value presented in the ‘‘Select Agency’’ box, Respondents are not being asked to has increased or declined when it goes (5) click the ‘‘Submit’’ button to the submit confidential information to the into regulated service; (2) reprice an right of the ‘‘Select Agency’’ box, (6) Commission. If the Commission asset at market value after a merger or when the list of FCC ICRs currently requests respondents to submit acquisition consistent with GAAP; (3) under review appears, look for the Title information which respondents believe use GAAP principles to determine

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Allowance-for-Funds-Used-During information is necessary for the proper covered by a Privacy Impact Assessment Construction; and (4) employ the GAAP performance of the functions of the (PIA), Equipment Authorizations standard of materiality. Rate-of-return Commission, including whether the Records and Files Information System. carriers receiving cost-based support information shall have practical utility; It is posted at: https://www.fcc.gov/ must determine materiality consistent the accuracy of the Commission’s general/privacy-act-information#pia. with the general materiality guidelines burden estimate; ways to enhance the Nature and Extent of Confidentiality: promulgated by the Auditing Standards quality, utility, and clarity of the Minimal exemption from the Freedom Board. Price cap carriers with a information collected; ways to minimize of Information Act (FOIA) under 5 continuing Part 32 accounting the burden of the collection of U.S.C. 552(b)(4) and FCC rules under 47 obligation must maintain continuing information on the respondents, CFR 0.457(d) is granted for trade secrets property records necessary to track including the use of automated which may be submitted as attachments substantial assets and investments in an collection techniques or other forms of to the application FCC Form 731. No accurate, auditable manner. The carriers information technology; and ways to other assurances of confidentiality are must make such property information further reduce the information provided to respondents. available to the Commission upon collection burden on small business Needs and Uses: The Commission request. Carriers subject to Part 32 must concerns with fewer than 25 employees. will submit this revised information continue to comply with the USOA’s The FCC may not conduct or sponsor collection to the Office of Management depreciation procedures and its rules for a collection of information unless it and Budget (OMB) after this 60-day cost of removal-and-salvage accounting. displays a currently valid Office of comment period to obtain the three-year Pursuant to the October 24, 2018 Management and Budget (OMB) control clearance. Rate-of-Return Business Data Services number. No person shall be subject to The December 2019 radiofrequency Report and Order, WC Docket No. 17– any penalty for failing to comply with (RF) exposure Second Report and Order, 144, FCC 18–146, rate-of-return carriers a collection of information subject to the ET Docket Nos. 03–137 and 13–184, currently receiving model-based or PRA that does not display a valid OMB FCC 19–126, included amendments to other fixed high-cost support may control number. rule sections 1.1307, 2.1091, and 2.1093 requiring approval by OMB under the voluntarily elect to transition their DATES: Written PRA comments should Paperwork Reduction Act. Revision to business services offerings from rate-of- be submitted on or before November 27, return to incentive regulation. Thus, information collection effected by 2020. If you anticipate that you will be amendments to rule sections 2.1091 and electing carriers that choose to use submitting comments, but find it 2.1093 is reported herein. Revision to GAAP instead of the Uniform System of difficult to do so within the period of information collection effected by Accounts are relieved of virtually all of time allowed by this notice, you should amendments to rule section 1.1307 is the filing and recordkeeping advise the contact listed below as soon reported separately under OMB 3060– requirements of the Uniform System of as possible. 0004. Accounts, with the sole exception of the ADDRESSES: Direct all PRA comments to In amendments to rule sections same data provisioning requirements for Nicole Ongele, FCC, via email PRA@ 2.1091 and 2.1093, the Commission the calculation of pole attachment rates fcc.gov and to [email protected]. revised its implementing rules to reflect as price cap carriers. FOR FURTHER INFORMATION CONTACT: For modern technology and today’s uses. Federal Communications Commission. additional information about the We replaced a requirement which relied Marlene Dortch, information collection, contact Nicole on consideration of the rule part under Secretary, Office of the Secretary. Ongele, (202) 418–2991. which the equipment would operate, [FR Doc. 2020–21315 Filed 9–25–20; 8:45 am] SUPPLEMENTARY INFORMATION: the portion of the electromagnetic BILLING CODE 6712–01–P OMB Control Number: 3060–0057. spectrum where the equipment is Title: Application for Equipment designed to operate, and technical Authorization, FCC Form 731. characteristics of the equipment to FEDERAL COMMUNICATIONS Form Number: FCC 731. determine if the equipment would be COMMISSION Type of Review: Revision of a subject to routine environmental currently approved collection. evaluation for RF exposure prior to [OMB 3060–0057; FRS 17100] Respondents: Business or other for- equipment authorization. The rule Information Collection Being Reviewed profit. modifications adopted a formula for by the Federal Communications Number of Respondents and evaluation of compliance with RF Commission Responses: 11,305 respondents; 24,873 exposure limits and determination responses. whether an environmental assessment AGENCY: Federal Communications Estimated Time per Response: 8.11 would need to be prepared if the limits Commission. hours (rounded up). are exceeded. The amended rules ACTION: Notice and request for Frequency of Response: On occasion provide more efficient, practical, and comments. reporting requirement; one-time consistent RF exposure evaluation reporting requirement and third-party procedures and mitigation measures to SUMMARY: As part of its continuing effort disclosure requirement. help ensure compliance with the to reduce paperwork burdens, and as Obligation to Respond: Required to existing RF exposure limits. required by the Paperwork Reduction obtain or retain benefits. Statutory RF equipment manufacturers must Act of 1995 (PRA), the Federal authority for this information collection comply with the requirements of rule Communications Commission (FCC or is contained in the 47 U.S.C. 154(i), 301, sections 2.1091 and 2.1093 when Commission) invites the general public 302, 303(e), 303(f) and 303(r). submitting an application for and other Federal agencies to take this Total Annual Burden: 201,603 hours. certification under rule section 2.1033. opportunity to comment on the Total Annual Costs: $50,155,140. The changes to rule sections 2.1091 and following information collections. Privacy Act Impact Assessment: Yes. 2.1093 will not affect the number of Comments are requested concerning: The personally identifiable information respondents or number of responses Whether the proposed collection of (PII) in this information collection is associated with this information

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collection. Although the new rules will in such a way that a separation distance power of 1 mW or more than the ERP modify the way applicants evaluate RF of at least 20 centimeters is normally listed in Table 1 of Section compliance when they apply for maintained between the RF source’s 1.1307(b)(3)(i)(C), whichever is greater. equipment authorization, we believe radiating structure(s) and the body of For mobile devices not exempt by that it will take, on average, the same the user or nearby persons. In this Section 1.1307(b)(3)(i)(C) at distances time that it takes for applicants to make context, the term ‘‘fixed location’’ from 20 centimeters to 40 centimeters this evaluation under our existing rules. means that the device is physically and frequencies from 0.3 GHz to 6 GHz, The latest RF exposure Second Report secured at one location and is not able evaluation of compliance with the and Order, ET Docket Nos. 03–137 and to be easily moved to another location exposure limits in Section 1.1310 of this 13–184, FCC 19–126, amended rule while transmitting. Transmitting chapter is necessary if the ERP of the sections 2.1091 by revising paragraphs devices designed to be used by device is greater than ERP20cm in the (b), (c), (d)(1), and (d)(2) and 2.1093 by consumers or workers that can be easily formula below. If the ERP of a single RF revising paragraphs (b), (c) and (d) to re-located, such as wireless devices source at distances from 20 centimeters read as follows: associated with a personal desktop to 40 centimeters and frequencies from computer, are considered to be mobile 0.3 GHz to 6 GHz is not easily obtained, § 2.1091 Radiofrequency Radiation devices if they meet the 20-centimeter then the available maximum time- Exposure Evaluation: Mobile Devices. separation requirement. averaged power may be used (i.e., * * * * * (c)(1) Evaluation of compliance with without consideration of ERP) in (b) For purposes of this Section, the the exposure limits in Section 1.1310 of comparison with the following formula definitions in Section 1.1307(b)(2) of this chapter, and preparation of an EA only if the physical dimensions of the this chapter shall apply. A mobile if the limits are exceeded, is necessary radiating structure(s) do not exceed the device is defined as a transmitting for mobile devices with single RF electrical length of l/4 or if the antenna device designed to be used in other than sources having either more than an gain is less than that of a half-wave fixed locations and to generally be used available maximum time-averaged dipole (1.64 linear value).

2040[ 0.3 GHz~ f < 1.5 GHz Pth(mW) = ERP2 ocm (mW)= 1 3060 1.5 GHz ~ f ~ 6 GHz

(2) For multiple mobile or portable RF subject to the limits for general § 2.1093 Radiofrequency Radiation sources within a device operating in the population/uncontrolled exposure. Exposure Evaluation: Portable Devices same time averaging period, routine (2)(i) For purposes of analyzing * * * * * environmental evaluation is required if mobile transmitting devices under the the formula in Section occupational/controlled criteria (b) For purposes of this section, the 1.1307(b)(3)(ii)(B) of this chapter is specified in Section 1.1310 of this definitions in Section 1.1307(b)(2) of applied to determine the exemption chapter, time averaging provisions of this chapter shall apply. A portable ratio and the result is greater than 1. the limits may be used in conjunction device is defined as a transmitting (3) Unless otherwise specified in this with the maximum duty factor to device designed to be used in other than chapter, any other single mobile or determine maximum time-averaged fixed locations and to generally be used multiple mobile and portable RF exposure levels under normal operating in such a way that the RF source’s source(s) associated with a device is conditions. radiating structure(s) is/are within 20 exempt from routine environmental (2)(ii) Such time averaging provisions centimeters of the body of the user. evaluation for RF exposure prior to based on maximum duty factor may not equipment authorization or use, except be used in determining exposure levels (c)(1) Evaluation of compliance with as specified in Sections 1.1307(c) and for devices intended for use by the exposure limits in Section 1.1310 of 1.1307(d) of this chapter. consumers in general population/ this chapter, and preparation of an EA (d)(1) Applications for equipment uncontrolled environments as defined if the limits are exceeded, is necessary authorization of mobile RF sources in Section 1.1310 of this chapter. for portable devices having single RF subject to routine environmental However, ‘‘source-based’’ time sources with more than an available evaluation must contain a statement averaging based on an inherent property maximum time-averaged power of 1 confirming compliance with the limits of the RF source is allowed over a time mW, more than the ERP listed in Table specified in Section 1.1310 of this period not to exceed 30 minutes. An 1 of Section 1.1307(b)(3)(i)(C), or more chapter as part of their application. example of this is the determination of than the Pth in the following formula, Technical information showing the exposure from a device that uses digital whichever is greater. The following basis for this statement must be technology such as a time-division formula shall only be used in submitted to the Commission upon multiple-access (TDMA) scheme for conjunction with portable devices not request. In general, maximum time- transmission of a signal. exempt by Section 1.1307(b)(3)(i)(C) at averaged power levels must be used for * * * * * distances from 0.5 centimeters to 20 evaluation. All unlicensed personal Section 2.1093 is amended by revising centimeters and frequencies from 0.3 communications service (PCS) devices paragraphs (b), (c), and (d) to read as GHz to 6 GHz. and unlicensed NII devices shall be follows:

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ERP20 cm (d/20 cm)x d :5 20 cm pth (mW)= I ERP20 cm 20 cm< d :5 40 cm

Where 60 x = - log10 ( J7) and f is in GHz; ERP2ocm f

2040[ 0.3 GHz :5 f < 1.5 GHz ERP20 cm (mW)= 1 3060 1.5 GHz :5 f :5 6 GHz

d = the minimum separation distance (cm) in either laboratory measurement time-division multiple-access (TDMA) any direction from any part of the device techniques or by computational scheme for transmission of a signal. antenna(s) or radiating structure(s) to the modeling. The latter must be supported (5) Visual advisories (such as labeling, body of the device user. by adequate documentation showing embossing, or on an equivalent (2) For multiple mobile or portable RF that the numerical method as electronic display) on portable devices sources within a device operating in the implemented in the computational designed only for occupational use can same time averaging period, evaluation software has been fully validated; in be used as part of an applicant’s is required if the formula in Section addition, the equipment under test and evidence of the device user’s awareness 1.1307(b)(3)(ii)(B) of this chapter is exposure conditions must be modeled of occupational/controlled exposure applied to determine the exemption according to protocols established by limits. Such visual advisories shall be ratio and the result is greater than 1. FCC-accepted numerical computation legible and clearly visible to the user (3) Unless otherwise specified in this standards or available FCC procedures from the exterior of the device. Visual chapter, any other single portable or for the specific computational method. advisories must indicate that the device multiple mobile and portable RF Guidance regarding SAR measurement is for occupational use only, refer the source(s) associated with a device is techniques can be found in the Office of user to specific information on RF exempt from routine environmental Engineering and Technology (OET) exposure, such as that provided in a evaluation for RF exposure prior to Laboratory Division Knowledge user manual and note that the advisory equipment authorization or use, except Database (KDB). The staff guidance and its information is required for FCC as specified in Sections 1.1307(c) and provided in the KDB does not RF exposure compliance. Such 1.1307(d) of this chapter. necessarily represent the only instructional material must provide (d)(1) Applications for equipment acceptable methods for measuring RF users with information on how to use authorization of portable RF sources exposure or RF emissions, and is not the device and to ensure users are fully subject to routine environmental binding on the Commission or any aware of and able to exercise control evaluation must contain a statement interested party. over their exposure to satisfy confirming compliance with the limits compliance with the occupational/ specified in Section 1.1310 of this (3) For purposes of analyzing portable controlled exposure limits. A sample of chapter as part of their application. RF sources under the occupational/ the visual advisory, illustrating its Technical information showing the controlled SAR criteria specified in location on the device, and any basis for this statement must be Section 1.1310 of this chapter, time instructional material intended to submitted to the Commission upon averaging provisions of the limits may accompany the device when marketed, request. The SAR limits specified in be used in conjunction with the shall be filed with the Commission Sections 1.1310(a) through (c) of this maximum duty factor to determine along with the application for chapter shall be used for evaluation of maximum time-averaged exposure equipment authorization. Details of any portable devices transmitting in the levels under normal operating special training requirements pertinent frequency range from 100 kHz to 6 GHz. conditions. to mitigating and limiting RF exposure Portable devices that transmit at (4) The time averaging provisions for should also be submitted. Holders of frequencies above 6 GHz shall be occupational/controlled SAR criteria, grants for portable devices to be used in evaluated in terms of the MPE limits based on maximum duty factor, may not occupational settings are encouraged, specified in Table 1 of Section be used in determining typical exposure but not required, to coordinate with 1.1310(e)(1) of this chapter. A minimum levels for portable devices intended for end-user organizations to ensure separation distance applicable to the use by consumers, such as cellular appropriate RF safety training. operating configurations and exposure telephones, that are considered to (6) General population/uncontrolled conditions of the device shall be used operate in general population/ exposure limits defined in Section for the evaluation. In general, maximum uncontrolled environments as defined 1.1310 of this chapter apply to portable time-averaged power levels must be in Section 1.1310 of this chapter. devices intended for use by consumers used for evaluation. All unlicensed However, ‘‘source-based’’ time or persons who are exposed as a personal communications service (PCS) averaging based on an inherent property consequence of their employment and devices and unlicensed NII devices of the RF source is allowed over a time may not be fully aware of the potential shall be subject to the limits for general period not to exceed 30 minutes. An for exposure or cannot exercise control population/uncontrolled exposure. example of this would be the over their exposure. No communication (2) Evaluation of compliance with the determination of exposure from a device with the consumer including either SAR limits can be demonstrated by that uses digital technology such as a visual advisories or manual instructions

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will be considered sufficient to allow Commissioners. Any person wishing to Comments regarding each of these consumer portable devices to be listen to the proceeding may call the applications must be received at the evaluated subject to limits for number listed below. Reserve Bank indicated or the offices of occupational/controlled exposure STATUS: Open. the Board of Governors, Ann E. specified in Section 1.1310 of this MATTERS TO BE CONSIDERED: The Misback, Secretary of the Board, 20th chapter. Commission will hear oral argument in Street and Constitution Avenue NW, * * * * * the matter Secretary of Labor v. Consol Washington, DC 20551–0001, not later Pennsylvania Coal Co., LLC, Docket No. than October 13, 2020. Federal Communications Commission. A. Federal Reserve Bank of New York Marlene Dortch, PENN 2018–0169. (Issues include whether the Judge erred in ruling that a (Ivan Hurwitz, Senior Vice President) 33 Secretary, Office of the Secretary. citation was ‘‘significant and Liberty Street, New York, New York [FR Doc. 2020–21318 Filed 9–25–20; 8:45 am] substantial’’ and in finding that two 10045–0001. Comments can also be sent BILLING CODE 6712–01–P other citations should be upheld.) electronically to Any person attending this oral [email protected]: argument who requires special 1. The Vanguard Group, Inc., FEDERAL MINE SAFETY AND HEALTH accessibility features and/or auxiliary Malvern, Pennsylvania, on behalf of REVIEW COMMISSION aids, such as sign language interpreters, itself, its subsidiaries and affiliates, must inform the Commission in advance including investment companies Sunshine Act Meeting of those needs. Subject to 29 CFR registered under the Investment 2706.150(a)(3) and 2706.160(d). Company Act of 1940, other pooled TIME AND DATE: 10:00 a.m., Thursday, investment vehicles, and institutional CONTACT PERSON FOR MORE INFORMATION: October 8, 2020. accounts that are sponsored, managed, Emogene Johnson (202) 434–9935/(202) PLACE: This meeting will be conducted or advised by Vanguard; to acquire 708–9300 for TDD Relay/1–800–877– through a videoconference involving all additional voting shares of M&T Bank Commissioners. Any person wishing to 8339 for toll free. Phone Number for Listening to Corporation, Buffalo, New York, and listen to the proceeding may call the Meeting: 1–(866) 236–7472. thereby indirectly acquire additional number listed below. Passcode: 678–100. voting shares of Manufacturers and STATUS: Open. Traders Trust Company, also of Buffalo, Authority: 5 U.S.C. 552b. MATTERS TO BE CONSIDERED: The New York, and Wilmington Trust, Commission will consider and act upon Dated: September 22, 2020. Wilmington, Delaware. the following in open session: Secretary Sarah L. Stewart, Board of Governors of the Federal Reserve of Labor v. Consol Pennsylvania Coal Deputy General Counsel. System, September 23, 2020. Co., LLC, Docket No. PENN 2018–0169 [FR Doc. 2020–21277 Filed 9–24–20; 11:15 am] Yao-Chin Chao, (Issues include whether the Judge erred BILLING CODE 6735–01–P Assistant Secretary of the Board. in ruling that a citation was ‘‘significant [FR Doc. 2020–21375 Filed 9–25–20; 8:45 am] and substantial’’ and in finding that two BILLING CODE P other citations should be upheld). FEDERAL RESERVE SYSTEM Any person attending this meeting who requires special accessibility Change in Bank Control Notices; FEDERAL RESERVE SYSTEM features and/or auxiliary aids, such as Acquisitions of Shares of a Bank or sign language interpreters, must inform Bank Holding Company Formations of, Acquisitions by, and the Commission in advance of those Mergers of Bank Holding Companies The notificants listed below have needs. Subject to 29 CFR 2706.150(a)(3) applied under the Change in Bank The companies listed in this notice and 2706.160(d). Control Act (Act) (12 U.S.C. 1817(j)) and have applied to the Board for approval, CONTACT PERSON FOR MORE INFORMATION: § 225.41 of the Board’s Regulation Y (12 pursuant to the Bank Holding Company Emogene Johnson, (202) 434–9935/(202) CFR § 225.41) to acquire shares of a Act of 1956 (12 U.S.C. 1841 et seq.) 708–9300 for TDD Relay/1–800–877– bank or bank holding company. The (BHC Act), Regulation Y (12 CFR part 8339 for toll free. factors that are considered in acting on 225), and all other applicable statutes Phone Number for Listening to the applications are set forth in and regulations to become a bank Meeting: 1–(866) 236–7472. Passcode: 678–100. paragraph 7 of the Act (12 U.S.C. holding company and/or to acquire the 1817(j)(7)). assets or the ownership of, control of, or Authority: 5 U.S.C. 552b. The public portions of the the power to vote shares of a bank or Dated: September 22, 2020. applications listed below, as well as bank holding company and all of the Sarah L. Stewart, other related filings required by the banks and nonbanking companies Deputy General Counsel. Board, if any, are available for owned by the bank holding company, immediate inspection at the Federal [FR Doc. 2020–21275 Filed 9–24–20; 11:15 am] including the companies listed below. Reserve Bank(s) indicated below and at The public portions of the BILLING CODE 6735–01–P the offices of the Board of Governors. applications listed below, as well as This information may also be obtained other related filings required by the FEDERAL MINE SAFETY AND HEALTH on an expedited basis, upon request, by Board, if any, are available for REVIEW COMMISSION contacting the appropriate Federal immediate inspection at the Federal Reserve Bank and from the Board’s Reserve Bank(s) indicated below and at Sunshine Act Meeting Freedom of Information Office at the offices of the Board of Governors. https://www.federalreserve.gov/foia/ This information may also be obtained TIME AND DATE: 10:00 a.m., Wednesday, request.htm. Interested persons may on an expedited basis, upon request, by October 7, 2020. express their views in writing on the contacting the appropriate Federal PLACE: This argument will be conducted standards enumerated in paragraph 7 of Reserve Bank and from the Board’s through a videoconference involving all the Act. Freedom of Information Office at

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https://www.federalreserve.gov/foia/ through May 27, 2021, from 3:00 p.m. to potential implementation of COVID–19 request.htm. Interested persons may 4:00 p.m., Eastern Time (ET). mitigation measures and operational express their views in writing on the The Sustainable Response to COVID– practices. standards enumerated in the BHC Act 19 Task Group will hold recurring Web- The Web-based meetings will allow (12 U.S.C. 1842(c)). based meetings on Tuesdays from the task groups to develop consensus Comments regarding each of these October 6, 2020, through February 2, recommendations to the full Committee, applications must be received at the 2021, from 2:00 p.m. to 3:00 p.m., ET. which will, in turn, decide whether to Reserve Bank indicated or the offices of FOR FURTHER INFORMATION CONTACT: Mr. proceed with formal advice to GSA the Board of Governors, Ann E. Ken Sandler, Designated Federal based upon these recommendations. Misback, Secretary of the Board, 20th Officer, Office of Federal High- Kevin Kampschroer, Street and Constitution Avenue NW, Performance Buildings, Office of Washington, DC 20551–0001, not later Government-wide Policy, General Federal Director, Office of Federal High- than October 28, 2020. Performance Buildings, General Services Services Administration, 1800 F Street Administration. A. Federal Reserve Bank of Kansas NW, (Mail-code: MG), Washington, DC City (Dennis Denney, Assistant Vice 20405, at [email protected] or 202– [FR Doc. 2020–21328 Filed 9–25–20; 8:45 am] President) 1 Memorial Drive, Kansas 219–1121. Additional information about BILLING CODE 6820–14–P City, Missouri 64198–0001: the Committee, including meeting 1. Fidelity Financial Corporation, materials and agendas, will be available Wichita, Kansas; to acquire through its on-line at http://www.gsa.gov/gbac. DEPARTMENT OF HEALTH AND newly formed subsidiary, FFC Merger SUPPLEMENTARY INFORMATION: Sub, Inc., also of Wichita, Kansas, HUMAN SERVICES Yorktown Financial Holdings, Inc., Procedures for Attendance and Public Agency for Healthcare Research and Tulsa, Oklahoma, and thereby indirectly Comment Quality acquire Yorktown Bank, Pryor, Contact Mr. Ken Sandler at Oklahoma. In addition, FFC Merger Sub, [email protected] to register to attend Agency Information Collection Inc., to become a bank holding company the in-person meeting or listen to any of Activities: Proposed Collection; for a moment in time by acquiring these Web-based meetings. To attend Comment Request Yorktown Financial Holdings, Inc., and any of these events, submit your full thereby indirectly acquire Yorktown name, organization, email address, and AGENCY: Agency for Healthcare Research Bank. phone number, and which you would and Quality, HHS. Board of Governors of the Federal Reserve like to attend. Requests to attend the ACTION: Notice. System, September 23, 2020. Web-based meetings must be received Yao-Chin Chao, by 5:00 p.m. ET, on Wednesday, SUMMARY: This notice announces the Assistant Secretary of the Board. September 30, 2020. (GSA will be intention of the Agency for Healthcare [FR Doc. 2020–21372 Filed 9–25–20; 8:45 am] unable to provide technical assistance to Research and Quality (AHRQ) to request BILLING CODE P any listener experiencing technical that the Office of Management and difficulties. Testing access to the Web- Budget (OMB) approve the proposed based meeting site before the calls is information collection project ‘‘AHRQ recommended.) Safety Program for Improving Surgical GENERAL SERVICES Background Care and Recovery.’’ This proposed ADMINISTRATION information collection was previously The Administrator of GSA established published in the Federal Register on [Notice–MG–2020–06; Docket No. 2020– the Committee on June 20, 2011 0002; Sequence No. 34] July 28th, 2020 and allowed 60 days for (Federal Register/Vol. 76, No. 118) public comment. AHRQ received no Office of Federal High-Performance pursuant to Section 494 of the Energy substantive comments from members of Buildings; Green Building Advisory Independence and Security Act of 2007 the public. The purpose of this notice is Committee; Notification of Upcoming (EISA, 42 U.S.C. 17123). Under this to allow an additional 30 days for public Web-based Meetings authority, the Committee provides comment. independent policy advice and AGENCY: Office of Government-Wide recommendations to GSA to advance DATES: Comments on this notice must be Policy, General Services Administration federal building innovations in received 30 days after date of (GSA). planning, design, and operations to publication. ACTION: Meeting notice. reduce costs, enable agency missions, ADDRESSES: Written comments and enhance human health and recommendations for the proposed SUMMARY: Notice of these Web-based performance, and minimize information collection should be sent meetings/conference calls is being environmental impacts. within 30 days of publication of this provided according to the requirements The Energy Storage Task Group will notice to www.reginfo.gov/public/do/ of the Federal Advisory Committee Act. explore the use of energy storage at PRAMain. Find this particular This notice provides the schedule for a federal facilities, and how it may be information collection by selecting series of Web-based meetings for two employed to reduce energy use and ‘‘Currently under 30-day Review—Open task groups of the Committee, which are greenhouse gas emissions, including in for Public Comments’’ or by using the open for the public to listen in. conjunction with renewable energy and search function. Interested individuals must register to grid integration strategies. attend as instructed below under The Sustainable Response to COVID– FOR FURTHER INFORMATION CONTACT: Supplementary Information. 19 Task Group will analyze potential Doris Lefkowitz, AHRQ Reports DATES: The Energy Storage Task Group impacts on federal facility Clearance Officer, (301) 427–1477, or by will hold recurring Web-based meetings sustainability, including occupant email at [email protected]. on Thursdays from October 8, 2020, health and wellness, related to the SUPPLEMENTARY INFORMATION:

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Proposed Project Method of Collection Westat to send the survey to patients on AHRQ Safety Program for Improving To achieve the goals of this project the behalf of the hospital. Westat will Surgical Care and Recovery following data collections will be provide a summative report to each implemented: hospital with the hospital’s results to This is a quality improvement project Safety culture survey. The project promote additional local quality that aims to provide technical assistance team will assess changes in improvement work. to hospitals to help them implement perioperative safety culture in hospitals While the primary purpose of both evidence-based practices to improve surveys is the hospital’s quality since the inception of the program by outcomes and prevent complications improvement purpose, the data will also requesting that hospitals ask their staff among patients who undergo surgery. be analyzed in aggregate across all to complete the safety culture survey at Enhanced recovery pathways are a participating hospitals to evaluate the the beginning of the program. Hospitals constellation of preoperative, impact of the overall quality receive their survey results and then intraoperative, and postoperative improvement effort. debrief their staff on their safety culture practices that decrease complications Readiness and Implementation and identify opportunities for further and accelerate recovery. A number of Assessments: Semi-structured improvement. JHU will provide studies and meta-analyses have qualitative interviews. Semi-structured technical assistance for this effort. demonstrated successful results. In qualitative interviews will be conducted Participating hospitals will promote order to facilitate broader adoption of with key stakeholders at participating awareness of the survey among their these evidence-based practices among hospitals (e.g., project leads, physician staff, coordinate implementation of the U.S. hospitals, this AHRQ project will project champions, etc.). These include survey, encourage staff to complete the adapt the Comprehensive Unit-based a readiness assessment conducted after survey and provide staff time to do so, Safety Program (CUSP), which has been a hospital’s enrollment in the project and organize their local debrief of the demonstrated to be an effective and an implementation assessment reports of their hospital’s results. JHU approach to reducing other patient conducted after a period of will assist this effort by providing an harms, to enhanced recovery of surgical implementation. The readiness electronic portal for hospital staff to patients. The approach uses a assessment will help identify which, if anonymously submit the survey, and by combination of clinical and cultural any, technical components of the analyzing the data and sending a report (i.e., technical and adaptive) enhanced surgical care and recovery to the hospital. Data will also be intervention components. The adaptive intervention already exist at the analyzed in aggregate across all elements include promoting leadership hospital, project management and participating hospitals to evaluate the and frontline staff engagement, close resources, clinician engagement, impact of the overall quality teamwork among surgeons, anesthesia leadership engagement and potential improvement effort on measured safety providers, and nurses, as well as barriers and facilitators to culture. implementation. The implementation enhancing patient communication and Patient experience survey. Hospitals engagement. Interested hospitals will assessment will evaluate what elements will also assess the impact of of the enhanced recovery practices have voluntarily participate. participation in the project on the This project has the following goals: been adopted, resources invested, team patient’s experience with care. AHRQ participation, major barriers (e.g., • Improve outcomes of surgical intends to assist hospitals in assessing medications, equipment, trained patients by disseminating and patient experience by adapting the personnel), and leadership supporting implementation of evidence- ® CAHPS (Consumer Assessment of participation. These assessments will based enhanced recovery practices Healthcare Providers and Systems) help identify training needs of hospitals within the CUSP framework. Outpatient and Ambulatory Surgery • and inform the JHU team’s approach. In Develop a bundle of technical and Survey for use in a hospital setting and addition, the results will inform the JHU adaptive interventions and associated adding in selected questions adapted team’s understanding of local tools and educational materials to from other surveys, including Hospital adaptations of the intervention and the support implementation. CAHPS, the CAHPS Surgical Survey, degree to which intervention fidelity • Provide technical assistance and and PROMIS (Patient Reported impacts changes in outcomes. training to hospitals for implementing Outcomes Measurement Information Site visits. Semi-structured site visits enhanced recovery practices. System). The approach minimizes will be conducted at a subset of • Assess the adoption and evaluate burden on the hospitals but will yield participating hospitals. Sites will be the effectiveness of the intervention important information that will then be selected using the following criteria: (1) among the participating hospitals. used to further drive improvements in Active participation (2) geographic This project is being conducted by the patient’s experience with the location; and (3) willingness to host the AHRQ through its contractor, Johns healthcare system. research team. Findings will help Hopkins Armstrong Institute for Patient A pre-implementation assessment of inform the JHU’s project Safety and Quality (JHU), with patient experience will be done with implementation strategy. Information subcontractors, University of California, patients before the project is from these visits will be critical in San Francisco, American College of implemented at the hospital. A post- understanding if and how team and/or Surgeons (ACS) and Westat, pursuant to implementation assessment of patient leadership issues may affect AHRQ’s statutory authority to conduct experience will be done after the project implementation of enhanced recovery and support research on healthcare and is implemented, surveying patients that practices, including how this may differ on systems for the delivery of such care, were treated on the enhanced recovery across surgical service lines. Interviews including activities with respect to the pathway at participating hospitals. will help uncover misalignments in role quality, effectiveness, efficiency, The survey will be administered by clarity, needed time and resources, best appropriateness and value of healthcare Westat. Hospitals will provide patient practices, and potential enablers of and services and with respect to quality contact information to the project team barriers to enhanced surgical care and measurement and improvement. 42 after execution of a data use agreement. recovery implementation. Site visits U.S.C. 299a(a)(1) and (2). This information will be provided to will be conducted at approximately 4

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hospitals per year, and each will be 1 responses from hospital staff. Based on interview with the hospital project leads day long. The types of hospital earlier experience we expect that (e.g., one physician, one nurse). personnel anticipated to be involved in approximately 50 percent of responses Assuming an average of 2 staff being part or all of the site visit include senior will be from physicians and surgeons, part of each pre- and post-interview per leadership, perioperative leadership, and 50 percent will be from nurses. hospital, about 760 staff would be and patient safety and quality staff. surveyed during this period. With a Patient Experience Survey Participating hospitals will receive a 90% response rate, the readiness and structured debriefing and brief summary During this period, a post- implementation assessment will be report at the end of the one-day visit. implementation patient experience completed by about 684 staff. This survey will be administered by mail to survey requires 60 minutes to complete. Estimated Annual Respondent Burden patients discharged from the hospital in Site Visits Safety Culture Survey the surgical specialties included in the project. Assuming an average of 86 Six site visits will be conducted A pre-implementation safety culture patients being surveyed per hospital, during this period. Assuming an average survey will be administered as a web- about 3,268 patients would be surveyed. of 3 staff being a part of each site visit, based survey to nurses, physicians and With a 30% response rate, the patient about 18 staff would take part in the site other clinical staff participating in the experience survey will be completed by visits that will take 4 hours to complete. project. Based on the experience with about 980 patients. This survey requires Exhibit 1 shows estimated annualized response rates from the base period of about 22 minutes to complete. burden hours, and Exhibit 2 shows the the project and Cohort 1, and the estimated annualized cost burden Readiness and Implementation approximately 200 new hospitals that associated with the respondents’ time to Assessments will join the project in Cohort 4, we participate in this project. The total cost anticipate approximately 50 responses A pre-and post-assessment will be burden is estimated to be $96,530 each from 20 hospitals, or 1,000 total administered as a semi-structured annually.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Form name Number of responses per Hours per Total burden respondents respondent response hours

Safety culture survey ...... 1,000 1 .25 250 Patient experience survey ...... 980 1 0.37 363 Readiness and Implementation assessment ...... 684 1 1 684 Site visits ...... 18 1 4 72

Total ...... 2,681 N/A N/A 1,368

EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

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

Safety culture survey ...... 500 125 a $121.17 $15,146 Safety culture survey ...... 500 125 b 37.24 4,655 Patient experience survey ...... 980 363 d 27.54 9,997 Readiness and Implementation assessment ...... 342 342 a 121.17 41,440 Readiness and Implementation assessment ...... 342 342 c 55.37 18,937 Site visits ...... 9 36 a 121.17 4,362 Site Visits ...... 9 36 c 55.37 1,993

Total ...... 2,682 1,368 N/A 96,530 National Compensation Survey: Occupational wages in the United States May 2019 ‘‘U.S. Department of Labor, Bureau of Labor Statistics:’’ http://www.bls.gov/oes/current/oes_stru.htm. a Based on the mean wages for 29–1240 Physicians and Surgeons. b Based on the mean wages for 29–1141 Registered Nurse. c Based on the mean wages for 11–9111 Medical and Health Services Managers. d Based on the mean wages for 00–0000 All Occupations.

Request for Comments functions, including whether the respondents, including the use of information will have practical utility; automated collection techniques or In accordance with the Paperwork (b) the accuracy of AHRQ’s estimate of other forms of information technology. Reduction Act, 44 U.S.C. 3501–3520, burden (including hours and costs) of comments on AHRQ’s information Comments submitted in response to the proposed collection(s) of collection are requested with regard to this notice will be summarized and information; (c) ways to enhance the any of the following: (a) Whether the included in the Agency’s subsequent proposed collection of information is quality, utility and clarity of the request for OMB approval of the necessary for the proper performance of information to be collected; and (d) proposed information collection. All AHRQ’s health care research and health ways to minimize the burden of the comments will become a matter of care information dissemination collection of information upon the public record.

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Dated: September 21, 2020. for registration are found on the CDC 1. Electronically. You may send your Marquita Cullom-Stott, Import Permit Program website, https:// comments electronically to http:// Associate Director. www.cdc.gov/cpr/ipp/index.htm. www.regulations.gov. Follow the [FR Doc. 2020–21295 Filed 9–25–20; 8:45 am] Participants must register by instructions for ‘‘Comment or BILLING CODE 4160–90–P November 30, 2020. This is a webinar- Submission’’ or ‘‘More Search Options’’ only event and there will be no on-site to find the information collection participation at the CDC broadcast document(s) that are accepting DEPARTMENT OF HEALTH AND facility. comments. HUMAN SERVICES Dated: September 23, 2020. 2. By regular mail. You may mail written comments to the following Centers for Disease Control and Sandra Cashman, address: CMS, Office of Strategic Prevention Executive Secretary, Centers for Disease Control and Prevention. Operations and Regulatory Affairs, Informational Meeting: The Importation [FR Doc. 2020–21335 Filed 9–25–20; 8:45 am] Division of Regulations Development, of Infectious Biological Agents, BILLING CODE 4163–18–P Attention: Document Identifier/OMB Infectious Substances and Vectors; Control Number: CMS–P–0015A, Room Public Webinar C4–26–05, 7500 Security Boulevard, DEPARTMENT OF HEALTH AND Baltimore, Maryland 21244–1850. AGENCY: Centers for Disease Control and HUMAN SERVICES To obtain copies of a supporting Prevention (CDC), Department of Health statement and any related forms for the and Human Services (HHS). Centers for Medicare & Medicaid proposed collection(s) summarized in ACTION: Notice of public webinar. Services this notice, you may make your request SUMMARY: The Centers for Disease using one of following: Control and Prevention (CDC), [Document Identifier: CMS–10320] 1. Access CMS’ website address at https://www.cms.gov/Regulations-and- Department of Health and Human Agency Information Collection Guidance/Legislation/ Services (HHS) is hosting a public Activities: Proposed Collection; webinar to address import permit PaperworkReductionActof1995/PRA- Comment Request regulations for infectious biological Listing.html. agents, infectious substances, and AGENCY: Centers for Medicare & 2. Call the Reports Clearance Office at vectors. Besides the CDC, presenters for Medicaid Services, Health and Human (410) 786–1326. this webinar may include Services (HHS). FOR FURTHER INFORMATION CONTACT: representatives from the Department of ACTION: Notice. Transportation, Department of William N. Parham at (410) 786–4669. Agriculture and Department of SUMMARY: The Centers for Medicare & SUPPLEMENTARY INFORMATION: Homeland Security. Medicaid Services (CMS) is announcing Contents DATES: The webinar will be held an opportunity for the public to December 3, 2020 from 11 a.m. to 4 p.m. comment on CMS’ intention to collect This notice sets out a summary of the (EST). Registration instructions are information from the public. Under the use and burden associated with the found on the HHS/CDC Import Permit Paperwork Reduction Act of 1995 (the following information collections. More Program website, https://www.cdc.gov/ PRA), federal agencies are required to detailed information can be found in cpr/ipp/index.htm. publish notice in the Federal Register each collection’s supporting statement ADDRESSES: The webinar will be concerning each proposed collection of and associated materials (see broadcast from the Centers for Disease information (including each proposed ADDRESSES). Control and Prevention, 1600 Clifton extension or reinstatement of an existing Road NE, Atlanta, Georgia 30329. collection of information) and to allow CMS–10320 Health Care Reform Insurance Web Portal FOR FURTHER INFORMATION CONTACT: 60 days for public comment on the Samuel S. Edwin, Director, Division of proposed action. Interested persons are Under the PRA (44 U.S.C. 3501– Select Agents and Toxins, CDC, 1600 invited to send comments regarding our 3520), federal agencies must obtain Clifton Road NE, Mailstop H–21–7, burden estimates or any other aspect of approval from the Office of Management Atlanta, Georgia 30329. Telephone: this collection of information, including and Budget (OMB) for each collection of (404) 718–2000. the necessity and utility of the proposed information they conduct or sponsor. SUPPLEMENTARY INFORMATION: This information collection for the proper The term ‘‘collection of information’’ is webinar is an opportunity for all performance of the agency’s functions, defined in 44 U.S.C. 3502(3) and 5 CFR interested parties (e.g., academic the accuracy of the estimated burden, 1320.3(c) and includes agency requests institutions; biomedical centers; ways to enhance the quality, utility, and or requirements that members of the commercial manufacturing facilities; clarity of the information to be public submit reports, keep records, or federal, state, and local laboratories, collected, and the use of automated provide information to a third party. including clinical and diagnostic collection techniques or other forms of Section 3506(c)(2)(A) of the PRA laboratories; research facilities; information technology to minimize the requires federal agencies to publish a exhibition facilities; and educational information collection burden. 60-day notice in the Federal Register facilities) to obtain specific guidance DATES: Comments must be received by concerning each proposed collection of and information regarding import November 27, 2020. information, including each proposed permit regulations and shipping ADDRESSES: When commenting, please extension or reinstatement of an existing infectious biological materials. The reference the document identifier or collection of information, before webinar will also provide assistance to OMB control number. To be assured submitting the collection to OMB for those interested in applying for an consideration, comments and approval. To comply with this import permit from federal agencies recommendations must be submitted in requirement, CMS is publishing this within the United States. Instructions any one of the following ways: notice.

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Information Collection October 2020 to discuss our preliminary emergency, written comments from the 1. Type of Information Collection coding recommendations for new public general public and meeting registrants requests for revisions to the HCPCS will only be accepted when emailed to Request: Extension; Title of Information _ _ _ _ Collection: Health Care Reform Level II code set Durable Medical HCPCS Level II Code Applications@ Insurance Web Portal; Use: Upon Equipment (DME) and Accessories, cms.hhs.gov or to staff listed in the FOR collection of the data collection Orthotics and Prosthetics (O&P), FURTHER INFORMATION CONTACT section of requirements from individual States, Supplies and for non-drug and non- this notice before 5 p.m. on the date of State health benefits high risk pools, biological items and services. the virtual public meeting at which a and insurance issuers (hereon referred DATES: Virtual Meeting Dates: Tuesday, request is discussed. Due to the close to as issuers), this information is October 27, 2020, 9 a.m. to 5 p.m., timing of the virtual public meetings, processed by contractors for display on eastern daylight time (e.d.t.), and subsequent CMS consideration, and the HealthCare.gov website. The Wednesday, October 28, 2020, 9 a.m. to final decisions, we are able to consider information that is provided helps the 5 p.m., e.d.t. only those written comments received general public make educated decisions Deadline for Primary Speaker by the close of business (5 p.m.) on the about their choice in organizations Registration and Presentation Materials: date of the virtual public meeting at providing private health care insurance. The deadline for registering to be a which the request is discussed. Information collected quarterly from primary speaker, and submitting FOR FURTHER INFORMATION CONTACT: insurance issuers is used to populate the materials and writings that will be used Kimberlee Combs, (410) 786–6707, or Plan Finder application to show in support of an oral presentation is 5 [email protected]; individuals their options, to provide p.m., e.d.t., Wednesday, October 14, Irina Akelaitis, (410) 786–4602, or some profile information, and to 2020. [email protected]; coordinate the data collection with Deadline for 5-Minute Speakers Felicia Kyeremeh, (410) 786–1898, or Oversight collections to reduce the Registration: The deadline for [email protected]; burden on issuers and the Federal registering to be a 5-Minute speaker is Sundus Ashar, (410) 786–0750, or Government. Collecting information 5 p.m., e.d.t., Wednesday, October 14, [email protected]; consistent with the SBC standards 2020. William Walker, (410) 786–5023, or allows consumers to access this Deadline for Registration for all Other [email protected]; or information in a consistent manner. Attendees: All individuals who plan to Constantine Markos, (410) 786–0911, Form Number: CMS–10320 (OMB attend the virtual public meetings to [email protected] control number 0938–1086); Frequency: listen, but are not registering as a SUPPLEMENTARY INFORMATION: Occasionally; Affected Public: State, primary or 5-minute speaker, may Guidelines for Presentation Materials: Local, and Tribal Governments; Number simply join the virtual meeting on the There is a 10-page submission limit for of Respondents: 700; Number of date that they plan to attend, using the any presentation materials. All Responses: 700; Total Annual Hours: meeting attendee link specified for that registered primary speakers will be 78,675. For questions regarding this meeting date. emailed a link for their individual use collection contact Kimberlee Heckstall Deadline for Requesting Special to join the meeting, in advance of the at 410–786–1647. Accommodations: Individuals who plan virtual meeting. Detailed information to participate in the virtual public pertaining to registering to participate Dated: September 23, 2020. meetings and require special assistance via WebEx, including dial-in William N. Parham, III, must request these services by 5 p.m., information for Primary Speakers, 5- Director, Paperwork Reduction Staff, Office e.d.t., Wednesday, October 14, 2020. minute speakers, and all other of Strategic Operations and Regulatory Deadline for Submission of Written attendees, will be provided in CMS’ Affairs. Comments: Written comments and other ‘‘Guidelines for Participation in HCPCS [FR Doc. 2020–21383 Filed 9–25–20; 8:45 am] documentation in response to a Public Meetings’’, as posted on CMS’ BILLING CODE 4120–01–P preliminary coding recommendation HCPCS website at https://www.cms.gov/ that are received by no later than 5 p.m. Medicare/Coding/MedHCPCSGenInfo/ on the date of the virtual public meeting HCPCSPublicMeetings approximately DEPARTMENT OF HEALTH AND at which the code request is scheduled HUMAN SERVICES two weeks prior to the HCPCS Public for discussion will be considered in Meeting. We encourage all speakers to Centers for Medicare & Medicaid formulating a final coding decision. familiarize themselves with, and follow, Services ADDRESSES: Virtual Meeting Location: protocol for participation as a speaker in The October 27 and October 28, 2020 CMS’ HCPCS Public meetings as [CMS–1740–N] HCPCS Public meetings will be held detailed in these guidelines. virtually via WebEx only. Detailed Guidelines for 5-minute Speakers: All Medicare Program; Virtual Public information pertaining to registering to 5-Minute speakers will be emailed a Meetings in October 2020 for New participate via WebEx, including dial-in link for their individual use to join the Public Requests for Revisions to the information for Primary Speakers, 5- meeting, in advance of the virtual Healthcare Common Procedure Coding minute speakers, and all other meeting. Detailed information System (HCPCS) Coding for Non-Drug attendees, will be provided in CMS’ pertaining to registering to participate and Non-Biological Items and Services ‘‘Guidelines for Participation in HCPCS via WebEx, including dial-in AGENCY: Centers for Medicare & Public Meetings’’, posted approximately information for Primary Speakers, 5- Medicaid Services (CMS), HHS. 2 weeks prior to the HCPCS Public minute speakers, and all other ACTION: Notice. Meeting on CMS’ HCPCS website at attendees, will be provided in CMS’ https://www.cms.gov/Medicare/Coding/ ‘‘Guidelines for Participation in HCPCS SUMMARY: This notice announces the MedHCPCSGenInfo/ Public Meetings’’, as posted on CMS’ dates and time of virtual Healthcare HCPCSPublicMeetings. HCPCS website at https://www.cms.gov/ Common Procedure Coding System Written Comments: As part of CMS’ Medicare/Coding/MedHCPCSGenInfo/ (HCPCS) public meetings to be held in response to the COVID–19 public health HCPCSPublicMeetings approximately 2

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weeks prior to the HCPCS Public meetings will be virtual and available as soon as possible to HCPCS_Level_II_ Meeting. We encourage all speakers to for remote audio attendance and [email protected] or to familiarize themselves with, and follow, participation only via WebEx. staff listed in the FOR FURTHER protocol for participation as a speaker in INFORMATION CONTACT section of this A. Required Information for Registration CMS’ HCPCS Public meetings as notice. This exception applies only to detailed in these guidelines. The following information must be the page limit and not the submission Guidelines for All Other Attendees: A provided when registering on-line to deadline. ‘‘raise your hand’’ feature will be attend: Fifteen minutes is the total time available to ask questions. A meeting • Name. interval for the presentation. In attendee link for each public meeting • Company name and address. establishing the public meeting agenda, date will be posted approximately 2 • Direct-dial telephone. we may group multiple, related requests weeks in advance of the public meetings • Email address. under the same agenda item. In that on CMS’ HCPCS website at https:// • Any special accommodation case, we will decide whether additional www.cms.gov/Medicare/Coding/ requests. time will be allotted, and may opt to MedHCPCSGenInfo. A CMS staff member will confirm increase the amount of time allotted to your registration by email. the primary speaker. I. Background Every primary speaker must declare at On December 21, 2000, the Congress B. Registration Process the beginning of the speaker’s passed the Medicare, Medicaid, and 1. Primary Speakers presentation at the meeting, as well as SCHIP Benefits Improvement and in the speaker’s written summary, Individuals must also indicate Protection Act of 2000 (BIPA) (Pub. L. whether the speaker has any financial 106–554). Section 531(b) of BIPA whether they are the ‘‘primary speaker’’ involvement with the manufacturers or mandated that we establish procedures for an agenda item. Primary speakers competitors of any items being that permit public consultation for must be designated by the entity that discussed; this includes any payment, coding and payment determinations for submitted the HCPCS coding request. salary, remuneration, or benefit new durable medical equipment (DME) When registering, primary speakers provided to that speaker by the under Medicare Part B of title XVIII of must provide a brief written statement manufacturer or the manufacturer’s the Social Security Act (the Act). In the regarding the nature of the information representatives. November 23, 2001 Federal Register (66 they intend to provide and advise CMS’ On the day of the virtual meeting, FR 58743), we published a notice HCPCS staff listed in the FOR FURTHER before the end of the meeting, all providing information regarding the INFORMATION CONTACT section of this primary speakers must email a brief establishment of the public meeting notice, regarding needs for audio/visual written summary of their comments and process for DME. The procedures and support. Speaker PowerPoint files are conclusions to CMS’ HCPCS staff listed public meetings announced in that tested and arranged in speaker sequence in the FOR FURTHER INFORMATION notice for new DME were in response to well in advance of the meeting. We will CONTACT section of this notice. the mandate of section 531(b) of BIPA. accept emailed PowerPoint files that are As of 2020, we implemented changes received by the deadline for 2. ‘‘5-Minute Speakers’’ to our HCPCS coding procedures that submissions of presentation materials as The deadline for registering to be a 5- enable quarterly coding cycles for drugs specified in the DATES section of this Minute speaker is noted in the DATES and biological products, and bi-annual notice. We are also exploring section of this notice. Individuals must coding cycles for non-drug and non- mechanisms to successfully incorporate provide their name, company name and biological items and services. To video clips in Primary Speaker address, and contact information as achieve the time savings necessary to presentation materials for our remote specified in the instructions for remote implement coding for the vast majority public meetings, and further participation, and identify the specific of drugs and biological products on a information on that topic is forthcoming agenda item that they will address. quarterly cycle, as a general rule, we and will be published on CMS HCPCS Based on the number of items on the will not be conducting public meetings website in advance of the October agenda and the progress of the meeting, for coding decisions on drugs and public meetings. Materials will only be a determination will be made by the biological products. For the 2020 coding accepted when emailed to HCPCS_ meeting coordinator and the meeting cycles, for drug and biological code Level_II_Code_Applications@ moderator regarding how many ‘‘5- applicants who are dissatisfied with cms.hhs.gov or to staff listed in the FOR minute speakers’’ can be accommodated CMS’ coding decision in a quarterly FURTHER INFORMATION CONTACT section of and whether the 5-minute allocation coding cycle, we provide them an this notice. Due to the timeframe for would be reduced to accommodate the opportunity to resubmit their planning and coordination of the number of speakers. application in the next or subsequent HCPCS Public Meetings under CMS’ Every 5-minute speaker must declare quarterly cycle. shorter and more frequent coding cycles at the beginning of the speaker’s II. Virtual Meeting Registration that started in 2020, late submissions presentation at the meeting, as well as and updates of materials after our in the speaker’s written summary, Due to the ‘‘Proclamation on deadline cannot be accommodated. whether the speaker has any financial Declaring a National Emergency All presentation materials and involvement with the manufacturers or Concerning the Novel Coronavirus additional supporting documentation competitors of any items being 1 Disease (COVID–19) Outbreak’’ issued should not exceed 10 pages (each side discussed; this includes any payment, on March 13, 2020, there will not be an of a page counts as 1 page). An salary, remuneration, or benefit in-person meeting. The October 27 and exception will be made to the 10-page provided to that speaker by the October 28, 2020 HCPCS Public limit only for relevant studies newly manufacturer or the manufacturer’s published between the application representatives. 1 https://www.whitehouse.gov/presidential- deadline and the virtual public meeting On the day of the virtual meeting, actions/proclamation-declaring-national- emergency-concerning-novel-coronavirus-disease- date, in which case, we request a copy before the end of the meeting, all 5- covid-19-outbreak/. of the complete publication be emailed minute speakers must email a brief

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written summary of their comments and III. Written Comments From Meeting DATES: The approval announced in this conclusions to HCPCS_Level_II_Code_ Attendees final notice is effective September 26, [email protected] or to CMS’ 2020 through September 26, 2024. As part of CMS’ response to the HCPCS staff listed in the FOR FURTHER FOR FURTHER INFORMATION CONTACT: COVID–19 public health emergency, INFORMATION CONTACT section of this there is a limited presence at the CMS Christina Mister-Ward, (410) 786–2441. notice. headquarters for receiving paper Shannon Freeland, (410) 786–4348. Lillian Williams, (410) 786–8636. C. Additional Virtual Meeting/ packages. Therefore, written comments SUPPLEMENTARY INFORMATION: Registration Information from the general public and meeting registrants will only be accepted when I. Background Prior to registering to attend a virtual emailed to HCPCS_Level_II_Code_ public meeting, all participants are [email protected] or to staff Home Infusion therapy (HIT) is a advised to review the public meeting listed in the FOR FURTHER INFORMATION treatment option for Medicare agendas at https://www.cms.gov/ CONTACT section of this notice any time beneficiaries with a wide range of acute and chronic conditions. Section 5012 of Medicare/Coding/MedHCPCSGenInfo/ up to 5:00 p.m. on the date of the virtual the 21st Century Cures Act (Pub. L. 114– HCPCSPublicMeetings which identify public meeting at which a request is 255, enacted December 13, 2016) added our preliminary coding discussed. Due to the close timing of the virtual public meetings, subsequent sections 1861(iii) and 1834(u) to the recommendations, and the dates each Social Security Act (the Act), item will be discussed. All participants workgroup review, and final decisions, we are able to consider only those establishing a new Medicare benefit for and other stakeholders are encouraged HIT services. Section 1861(iii)(1) of the to begin in early October to regularly written submissions received by the close of business (5:00 p.m.) on the date Act defines HIT as professional services, check CMS’ official HCPCS website at including nursing services; training and https://www.cms.gov/Medicare/Coding/ of the virtual public meeting at which the request is discussed. education not otherwise covered under MedHCPCSGenInfo/ the Durable Medical Equipment (DME) HCPCSPublicMeetings for publication of The Administrator of the Centers for benefit; remote monitoring; and other draft agendas, including a summary of Medicare & Medicaid Services (CMS), monitoring services. Home infusion each request and our preliminary Seema Verma, having reviewed and therapy must be furnished by a qualified recommendations. approved this document, authorizes HIT supplier and furnished in the Lynette Wilson, who is the Federal All participants and other interested individual’s home. The individual must: Register Liaison, to electronically sign • stakeholders are also encouraged to Be under the care of an applicable this document for purposes of provider (that is, physician, nurse regularly check CMS’ official HCPCS publication in the Federal Register. website at https://www.cms.gov/ practitioner, or physician assistant); and Dated: September 22, 2020. • Have a plan of care established and Medicare/Coding/MedHCPCSGenInfo/ Lynette Wilson, periodically reviewed by a physician in HCPCSPublicMeetings for additional Federal Register Liaison, Centers for Medicare coordination with the furnishing of details regarding the public meeting & Medicaid. home infusion drugs under Part B, that process for new public requests for [FR Doc. 2020–21257 Filed 9–25–20; 8:45 am] prescribes the type, amount, and revisions to the HCPCS, including BILLING CODE 4120–01–P duration of infusion therapy services information on how to join the meeting that are to be furnished. remotely, and guidelines for an effective Section 1861(iii)(3)(D)(i)(III) of the Act presentation. In particular, please DEPARTMENT OF HEALTH AND requires that a qualified HIT supplier be review the document titled ‘‘Guidelines HUMAN SERVICES accredited by an accrediting for Participation in Public Meetings for organization (AO) designated by the New Public Requests for Revisions to Centers for Medicare & Medicaid Secretary in accordance with section the Healthcare Common Procedure Services 1834(u)(5) of the Act. Section Coding System (HCPCS)’’. Individuals 1834(u)(5)(A) of the Act identifies who intend to provide a presentation at [CMS–3396–FN] factors for designating AOs and in a virtual public meeting are encouraged reviewing and modifying the list of to familiarize themselves with the Medicare Program; Approval of designated AOs. These statutory factors HCPCS website and the valuable Application by National Association of are as follows: information it provides to prospective Boards of Pharmacy for Initial CMS- • The ability of the organization to registrants. The HCPCS website also Approval of Its Home Infusion Therapy conduct timely reviews of accreditation contains a document titled ‘‘Healthcare Accreditation Program applications. • Common Procedure Coding System The ability of the organization take AGENCY: Centers for Medicare and into account the capacities of suppliers (HCPCS) Level II Coding Procedures,’’ Medicaid Services, HHS. which is a description of the HCPCS located in a rural area (as defined in coding process, including a detailed ACTION: Final notice. section 1886(d)(2)(D) of the Act). • Whether the organization has explanation of the procedures CMS uses SUMMARY: This final notice announces established reasonable fees to be to make coding determinations for the our decision to approve the National charged to suppliers applying for items and services that are coded in the Association of Boards of Pharmacy for accreditation. HCPCS. initial recognition as a national • Such other factors as the Secretary The HCPCS website also contains a accrediting organization for home determines appropriate. document titled ‘‘HCPCS Decision Tree infusion therapy suppliers that wish to Section 1834(u)(5)(B) of the Act & Definitions,’’ which illustrates, in participate in the Medicare program. A requires the Secretary to designate AOs flow diagram format, HCPCS coding home infusion therapy supplier that to accredit HIT suppliers furnishing HIT standards as described in our Coding participates must meet the Medicare not later than January 1, 2021. Section Procedures document. conditions for coverage. 1861(iii)(3)(D) of the Act defines

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‘‘qualified home infusion therapy regulations, which included, but are not The April 28, 2020 proposed notice suppliers’’ as being accredited by a limited to the following: also solicited public comments CMS-approved AO. • An administrative review of regarding whether NABP’s requirements In the March 1, 2019 Federal Register, NABP’s: (1) Corporate policies; (2) met or exceeded the Medicare CfCs for we published a solicitation notice financial and human resources available home infusion therapy. No comments entitled, ‘‘Medicare Program; to accomplish the proposed surveys; (3) were received in response to our Solicitation of Independent Accrediting procedures for training, monitoring, and proposed notice. evaluation of its home infusion therapy Organizations To Participate in the IV. Provisions of the Final Notice Home Infusion Therapy Supplier surveyors; (4) ability to investigate and Accreditation Program’’ (84 FR 7057). respond appropriately to complaints A. Differences Between NABP’s This notice informed national AOs that against accredited home infusion Standards and Requirements for accredit HIT suppliers of an opportunity therapies; and (5) survey review and Accreditation and Medicare Conditions to submit applications to participate in decision-making process for and Survey Requirements the HIT supplier accreditation program. accreditation. We compared NABP’s HIT • The ability for NABP to conduct Complete applications will be accreditation requirements and survey timely review of accreditation considered for the January 1, 2021 process with the Medicare CfCs of part designation deadline if received by applications. • 486, subpart I and the survey and February 1, 2020. The ability of NABP to take into account the capacities of suppliers certification process requirements of Regulations for the approval and part 488, subpart L. Our review and oversight of AOs for HIT organizations located in a rural area. • The comparison of NABP’s evaluation of NABP’s HIT application, are located at 42 CFR part 488, subpart which was conducted as described in L. The requirements for HIT suppliers Medicare home infusion therapy accreditation program standards to our section III. of this final notice, yielded are located at 42 CFR part 486, subpart the following areas where, as of the date I. current Medicare home infusion therapy conditions for coverage (CfCs). of this notice, NABP has completed II. Approval of Accreditation • NABP’s survey process to revising its standards and certification Organizations determine the following: processes in order to meet the condition ++ The composition of the survey at: Section 1834(u)(5) of the Act and the • team, surveyor qualifications, and § 486.520, to include the term regulations at § 488.1010 require that NABP’s ability to provide continuing ‘‘qualified’’ to meet the requirement for our findings concerning review and surveyor training. home infusion suppliers. approval of a national AO’s • ++ NABP’s processes, including § 486.525(a), to include the requirements consider, among other periodic resurvey and the ability to language ‘‘qualified’’ to meet the factors, the applying AO’s requirements investigate and respond appropriately to requirement for home infusion for accreditation; survey procedures; complaints against accredited home suppliers. resources for conducting required • infusion therapies. § 486.525(b), to revise standard surveys; capacity to furnish information ++ Evaluate NABP’s procedures for language removing the word ‘‘shall’’ for use in enforcement activities; monitoring home infusion therapies it from the home infusion standards. monitoring procedures for provider has found to be out of compliance with • § 488.1010(a)(5), to provide a entities found not in compliance with NABP’s program requirements. detailed crosswalk identifying the exact the conditions or requirements; and ++ Assess NABP’s ability to report language of the organization’s ability to provide CMS with the deficiencies to the surveyed home comparable accreditation requirements necessary data. infusion therapy and respond to the and standards. Section 488.1020(a) requires that we home infusion therapy’s plan of • § 488.1010(a)(6)(i), to revise survey publish, after receipt of an correction in a timely manner. procedures for information gathering organization’s complete application, a ++ Establish NABP’s ability to and investigation. notice identifying the national provide CMS with electronic data and • § 488.1010(a)(6)(v), to revise accrediting body making the request, reports necessary for effective validation procedures and timelines for notifying a describing the nature of the request, and and assessment of the organization’s surveyed or audited home infusion providing at least a 30-day public survey process. therapy supplier of non-compliance comment period. In accordance with ++ Determine the adequacy of with the home infusion therapy § 488.1010(d), we have 210 days from NABP’s staff and other resources. accreditation program’s standards. the receipt of a complete application to ++ Confirm NABP’s ability to provide • § 488.1010(a)(6)(vi), to revise approve or deny the application. adequate funding for performing NABP’s procedures and timelines for III. Provisions of the Proposed Notice required surveys. monitoring the home infusion therapy ++ Confirm NABP’s policies with supplier’s correction of identified non- In the April 28, 2020 Federal Register respect to surveys being unannounced. compliance with the accreditation (85 FR 23519), we published a proposed ++ Review NABP’s policies and program’s standards. notice announcing National Association procedures to avoid conflicts of interest, • § 488.1010(6)(ix), to revise of Boards of Pharmacy’s (NABP’s) including the appearance of conflicts of procedures for immediate jeopardy. request for initial approval of its interest, involving individuals who • § 489.13, to reflect our policies Medicare HIT accreditation program. In conduct surveys or participate in regarding when the effective period of that proposed notice, we detailed our accreditation decisions. an accreditation begins and ends. evaluation criteria. Under section ++ Obtain NABP’s agreement to 1834(u)(5) the Act and in our provide CMS with a copy of the most B. Term of Approval regulations at § 488.1010, we conducted current accreditation survey together As authorized under § 488.1040(a), we a review of NABP’s Medicare HIT with any other information related to reserve the right to conduct onsite accreditation application in accordance the survey as we may require, including observations of accrediting organization with the criteria specified by our corrective action plans. operations at any time as part of the

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ongoing review and continuing amounts are $180 for ALJ hearings and meet the AIC requirements at oversight of an accrediting $1,760 for judicial review. § 405.1006(c) at the time judicial review organization’s performance. Based on DATES: This annual adjustment takes is requested for the court to have the review and observations described effect on January 1, 2021. jurisdiction over the appeal in section III. of this final notice, we FOR FURTHER INFORMATION CONTACT: Liz (§ 405.1136(a)). have determined that NABP’s Hosna ([email protected]), B. Medicare Part C/MA Appeals requirements for HIT meet or exceed our (410) 786–4993. requirements. Therefore, we approve Section 940(b)(2) of the MMA applies SUPPLEMENTARY INFORMATION: NABP as a national accreditation the AIC adjustment requirement to organization for HITs that request I. Background Medicare Part C appeals by amending participation in the Medicare program, section 1852(g)(5) of the Act. The Section 1869(b)(1)(E) of the Social implementing regulations for Medicare effective September 26, 2020 through Security Act (the Act), as amended by September 26, 2024. Part C appeals are found at 42 CFR 422, section 521 of the Medicare, Medicaid, subpart M. Specifically, sections V. Collection of Information and SCHIP Benefits Improvement and 422.600 and 422.612 discuss the AIC Requirements Protection Act of 2000 (BIPA), threshold amounts for ALJ hearings and established the amount in controversy This document does not impose judicial review. Section 422.600 grants (AIC) threshold amounts for any party to the reconsideration (except information collection requirements, Administrative Law Judge (ALJ) that is, reporting, recordkeeping or third the MA organization) who is dissatisfied hearings and judicial review at $100 and with the reconsideration determination party disclosure requirements. $1,000, respectively, for Medicare Part Consequently, there is no need for a right to an ALJ hearing as long as the A and Part B appeals. Section 940 of the amount remaining in controversy after review by the Office of Management and Medicare Prescription Drug, Budget under the authority of the reconsideration meets the threshold Improvement, and Modernization Act of requirement established annually by the Paperwork Reduction Act of 1995 (44 2003 (MMA), amended section U.S.C. Chapter 35). Secretary. Section 422.612 states, in 1869(b)(1)(E) of the Act to require the part, that any party, including the MA The Administrator of the Centers for AIC threshold amounts for ALJ hearings Medicare & Medicaid Services (CMS), organization, may request judicial and judicial review to be adjusted review if the AIC meets the threshold Seema Verma, having reviewed and annually. Beginning in January 2005, approved this document, authorizes requirement established annually by the the AIC threshold amounts are to be Secretary. Lynette Wilson, who is the Federal adjusted by the percentage increase in Register Liaison, to electronically sign the medical care component of the C. Health Maintenance Organizations, this document for purposes of consumer price index (CPI) for all urban Competitive Medical Plans, and Health publication in the Federal Register. consumers (U.S. city average) for July Care Prepayment Plans Dated: September 22, 2020. 2003 to the July preceding the year Section 1876(c)(5)(B) of the Act states Lynette Wilson, involved and rounded to the nearest that the annual adjustment to the AIC Federal Register Liaison, Centers for Medicare multiple of $10. Section 940(b)(2) of the dollar amounts set forth in section & Medicaid. MMA provided conforming 1869(b)(1)(E)(iii) of the Act applies to [FR Doc. 2020–21261 Filed 9–25–20; 8:45 am] amendments to apply the AIC certain beneficiary appeals within the BILLING CODE 4120–01–P adjustment requirement to Medicare context of health maintenance Part C/Medicare Advantage (MA) organizations and competitive medical appeals and certain health maintenance plans. The applicable implementing DEPARTMENT OF HEALTH AND organization and competitive health regulations for Medicare Part C appeals HUMAN SERVICES plan appeals. Health care prepayment are set forth in 42 CFR 422, subpart M plans are also subject to MA appeals and apply to these appeals in Centers for Medicare & Medicaid rules, including the AIC adjustment accordance with 42 CFR 417.600(b). The Services requirement. Section 101 of the MMA Medicare Part C appeals rules also apply provides for the application of the AIC to health care prepayment plan appeals [CMS–4191–N] adjustment requirement to Medicare in accordance with 42 CFR 417.840. Part D appeals. Medicare Program; Medicare Appeals; D. Medicare Part D (Prescription Drug Adjustment to the Amount in A. Medicare Part A and Part B Appeals Plan) Appeals Controversy Threshold Amounts for Calendar Year 2021 The statutory formula for the annual The annually adjusted AIC threshold adjustment to the AIC threshold amounts for ALJ hearings and judicial AGENCY: Centers for Medicare & amounts for ALJ hearings and judicial review that apply to Medicare Parts A, Medicaid Services (CMS), HHS. review of Medicare Part A and Part B B, and C appeals also apply to Medicare ACTION: Notice. appeals, set forth at section Part D appeals. Section 101 of the MMA 1869(b)(1)(E) of the Act, is included in added section 1860D–4(h)(1) of the Act SUMMARY: This notice announces the the applicable implementing regarding Part D appeals. This statutory annual adjustment in the amount in regulations, 42 CFR 405.1006(b) and (c). provision requires a prescription drug controversy (AIC) threshold amounts for The regulations at § 405.1006(b)(2) plan sponsor to meet the requirements Administrative Law Judge (ALJ) require the Secretary of Health and set forth in sections 1852(g)(4) and (g)(5) hearings and judicial review under the Human Services (the Secretary) to of the Act, in a similar manner as MA Medicare appeals process. The publish changes to the AIC threshold organizations. As noted previously, the adjustment to the AIC threshold amounts in the Federal Register. In annually adjusted AIC threshold amounts will be effective for requests order to be entitled to a hearing before requirement was added to section for ALJ hearings and judicial review an ALJ, a party to a proceeding must 1852(g)(5) of the Act by section filed on or after January 1, 2021. The meet the AIC requirements at 940(b)(2)(A) of the MMA. The calendar year 2021 AIC threshold § 405.1006(b). Similarly, a party must implementing regulations for Medicare

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Part D appeals can be found at 42 CFR II. Provisions of the Notice—Annual 297.600 in July 2003 and rose to 522.686 423, subparts M and U. More AIC Adjustments in July 2020. The AIC threshold amount for ALJ hearings changes to $175.63 specifically, § 423.2006 of the Part D A. AIC Adjustment Formula and AIC based on the 75.634 percent increase appeals rules discusses the AIC Adjustments threshold amounts for ALJ hearings and over the initial threshold amount of judicial review. Sections 423.2002 and As previously noted, section 940 of $100 established in 2003. In accordance 423.2006 grant a Part D enrollee, who is the MMA requires that the AIC with section 1869(b)(1)(E)(iii) of the Act, dissatisfied with the independent threshold amounts be adjusted the adjusted threshold amounts are review entity (IRE) reconsideration annually, beginning in January 2005, by rounded to the nearest multiple of $10. determination, a right to an ALJ hearing the percentage increase in the medical Therefore, the CY 2021 AIC threshold if, in part, the amount remaining in care component of the CPI for all urban amount for ALJ hearings is $180.00. The consumers (U.S. city average) for July controversy after the IRE AIC threshold amount for judicial 2003 to July of the year preceding the review changes to $1,756.34 based on reconsideration meets the threshold year involved and rounded to the the 75.634 percent increase over the amount established annually by the nearest multiple of $10. initial threshold amount of $1,000. This Secretary. Sections 423.2006 and amount was rounded to the nearest B. Calendar Year 2021 423.2136 allow a Part D enrollee to multiple of $10, resulting in the CY request judicial review of an ALJ or The AIC threshold amount for ALJ 2021 AIC threshold amount of $1,760.00 Medicare Appeals Council decision if, hearings will rise to $180 and the AIC for judicial review. in part, the AIC meets the threshold threshold amount for judicial review amount established annually by the will rise to $1,760 for CY 2021. These C. Summary Table of Adjustments in Secretary. amounts are based on the 75.634 the AIC Threshold Amounts percent increase in the medical care In the following table we list the CYs component of the CPI, which was at 2017 through 2021 threshold amounts.

CY 2017 CY 2018 CY 2019 CY 2020 CY 2021

ALJ Hearing...... $160 $160 $160 $170 $180 Judicial Review...... 1,560 1,600 1,630 1,670 1,760

III. Collection of Information DEPARTMENT OF HEALTH AND ADDRESSES: In commenting, please refer Requirements HUMAN SERVICES to file code CMS–3400–PN. Comments, including mass comment This document does not impose any Centers for Medicare & Medicaid submissions, must be submitted in one new or revised ‘‘collection of Services of the following three ways (please information’’ requirements or burden. [CMS–3400–PN] choose only one of the ways listed): Consequently, there is no need for 1. Electronically. You may submit review by the Office of Management and Medicare and Medicaid Programs; electronic comments on this regulation Budget under the authority of the Application From the Accreditation to http://www.regulations.gov. Paperwork Reduction Act of 1995 (PRA) Commission for Healthcare (ACHC) for Follow the ‘‘Submit a comment’’ (44 U.S.C. 3501 et seq.). With respect to Continued Approval of Its Home Health instructions. the PRA and this section of the Agency Accreditation Program 2. By regular mail. You may mail preamble, collection of information is written comments to the following AGENCY: Centers for Medicare & address ONLY: Centers for Medicare & defined under 5 CFR 1320.3(c) of the Medicaid Services (CMS), HHS. Medicaid Services, Department of PRA’s implementing regulations. ACTION: Proposed notice. Health and Human Services, Attention: The Administrator of the Centers for CMS–3400–PN, P.O. Box 8013, Medicare & Medicaid Services (CMS), SUMMARY: This proposed notice Baltimore, MD 21244–8013. Seema Verma, having reviewed and acknowledges the receipt of an Please allow sufficient time for mailed approved this document, authorizes application from the Accreditation comments to be received before the Vanessa Garcia, who is the Federal Commission for Healthcare (ACHC) for close of the comment period. Register Liaison, to electronically sign continued recognition as a national 3. By express or overnight mail. You this document for purposes of accrediting organization for home health may send written comments to the publication in the Federal Register. agencies (HHAs) that wish to participate following address ONLY: Centers for in the Medicare or Medicaid programs. Medicare & Medicaid Services, Dated: September 21, 2020. The statute requires that within 60 days Department of Health and Human Vanessa Garcia, of receipt of an organization’s complete Services, Attention: CMS–3400–PN, Federal Register Liaison, Centers for Medicare application, the Centers for Medicare & Mail Stop C4–26–05, 7500 Security & Medicaid Services. Medicaid Services (CMS) publish a Boulevard, Baltimore, MD 21244–1850. [FR Doc. 2020–21254 Filed 9–25–20; 8:45 am] notice that identifies the national For information on viewing public BILLING CODE 4120–01–P accrediting body making the request, comments, see the beginning of the describes the nature of the request, and SUPPLEMENTARY INFORMATION section. provides at least a 30-day public FOR FURTHER INFORMATION CONTACT: comment period. Tara Lemons (410) 786–3030. DATES: To be assured consideration, Lillian Williams (410) 786–8636. comments must be received at one of SUPPLEMENTARY INFORMATION: the addresses provided below, no later Inspection of Public Comments: All than 5 p.m. on October 28, 2020. comments received before the close of

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the comment period are available for assurance that the accrediting in accordance with, but not necessarily viewing by the public, including any organization requires the accredited limited to, the following factors: personally identifiable or confidential provider entities to meet requirements • The equivalency of ACHC’s business information that is included in that are at least as stringent as the standards for HHAs as compared with a comment. We post all comments Medicare conditions. Our regulations CMS’ HHA CoPs. received before the close of the concerning the approval of accrediting • ACHC’s survey process to comment period on the following organizations are set forth at § 488.5. determine the following: website as soon as possible after they The regulations at § 488.5(e)(2)(i) ++ The composition of the survey have been received: http:// require accrediting organizations to team, surveyor qualifications, and the www.regulations.gov. Follow the search reapply for continued approval of their ability of the organization to provide instructions on that website to view accreditation program every 6 years or continuing surveyor training. public comments. sooner as determined by CMS. ++ The comparability of ACHC’s I. Background The Accreditation Commission for processes to those of state agencies, Healthcare’s (ACHC’s) term of approval including survey frequency, and the Under the Medicare program, eligible for their HHA accreditation program ability to investigate and respond beneficiaries may receive covered expires February 24, 2021. appropriately to complaints against services from a home health agency accredited HHAs. (HHA), provided certain requirements II. Approval of Deeming Organizations ++ ACHC’s processes and procedures are met. Sections 1861(m) and (o), 1891 Section 1865(a)(2) of the Act and our for monitoring HHAs found out of and 1895 of the Social Security Act (the regulations at § 488.5 require that our compliance with ACHC’s program Act) establish distinct criteria for an findings concerning review and requirements. These monitoring entity seeking designation as an HHA. approval of a national accrediting procedures are used only when ACHC Regulations concerning provider organization’s requirements consider, identifies noncompliance. If agreements are at 42 CFR part 489 and among other factors, the applying noncompliance is identified through those pertaining to activities relating to accrediting organization’s requirements validation reviews or complaint the survey and certification of facilities for accreditation; survey procedures; and other entities are at 42 CFR part surveys, the state survey agency resources for conducting required 488. The regulations at 42 CFR parts 409 monitors corrections as specified at surveys; capacity to furnish information and 484 specify the conditions that an § 488.9(c). for use in enforcement activities; HHA must meet to participate in the ++ ACHC’s capacity to report monitoring procedures for provider Medicare program, the scope of covered deficiencies to the surveyed HHAs and entities found not in compliance with services and the conditions for Medicare respond to the HHA’s plan of correction the conditions or requirements; and payment for home health care. in a timely manner. Generally, to enter into a provider ability to provide us with the necessary ++ ACHC’s capacity to provide us agreement with the Medicare program, data for validation. with electronic data and reports an HHA must first be certified by a state Section 1865(a)(3)(A) of the Act necessary for effective validation and survey agency as complying with the further requires that we publish, within assessment of the organization’s survey conditions or requirements set forth in 60 days of receipt of an organization’s process. 42 CFR part 484 of our regulations. complete application, a notice ++ The adequacy of ACHC’s staff and Thereafter, the HHA is subject to regular identifying the national accrediting other resources, and its financial surveys by a state survey agency to body making the request, describing the viability. determine whether it continues to meet nature of the request, and providing at ++ ACHC’s capacity to adequately these requirements. least a 30-day public comment period. fund required surveys. However, there is an alternative to We have 210 days from the receipt of a ++ ACHC’s policies with respect to surveys by state agencies. Section complete application to publish notice whether surveys are announced or 1865(a)(1) of the Act provides that, if a of approval or denial of the application. unannounced, to assure that surveys are provider entity demonstrates through The purpose of this proposed notice unannounced. accreditation by an approved national is to inform the public of ACHC’s ++ ACHC’s policies and procedures to accrediting organization that all request for continued approval for its avoid conflicts of interest, including the applicable Medicare conditions are met HHA accreditation program. This notice appearance of conflicts of interest, or exceeded, we will deem those also solicits public comment on whether involving individuals who conduct provider entities as having met the ACHC’s requirements meet or exceed surveys or participate in accreditation requirements. Accreditation by an the Medicare conditions of participation decisions. accrediting organization is voluntary (CoPs) for HHAs. ++ ACHC’s agreement to provide us with a copy of the most current and is not required for Medicare III. Evaluation of Deeming Authority accreditation survey together with any participation. Request If an accrediting organization is other information related to the survey recognized by the Secretary of Health ACHC submitted all the necessary as we may require (including corrective and Human Services (the Secretary) as materials to enable us to make a action plans). having standards for accreditation that determination concerning its request for meet or exceed Medicare requirements, continued approval of its HHA IV. Collection of Information any provider entity accredited by the accreditation program. This application Requirements national accrediting body’s approved was determined to be complete on July This document does not impose program would be deemed to meet the 29, 2020. Under section 1865(a)(2) of the information collection requirements, Medicare conditions. A national Act and our regulations at § 488.5 that is reporting, recordkeeping or third- accrediting organization applying for (Application and re-application party disclosure requirements. CMS approval of their accreditation procedures for national accrediting Consequently, there is no need for program under 42 CFR part 488, subpart organizations), our review and review by the Office Management and A must provide CMS with reasonable evaluation of ACHC will be conducted Budget under the authority of the

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Paperwork Reduction Act of 1995 (44 information, including the necessity and Family Centered Data Collection; Use: U.S.C. Chapter 35). utility of the proposed information To ensure the QIOs are effectively collection for the proper performance of meeting their goals, CMS collects V. Response to Comments the agency’s functions, the accuracy of information about beneficiary Because of the large number of public the estimated burden, ways to enhance experience receiving support from the comments, we normally receive on the quality, utility, and clarity of the QIOs. The information collection uses Federal Register documents, we are not information to be collected, and the use both qualitative and quantitative able to acknowledge or respond to them of automated collection techniques or strategies to ensure CMS and the QIOs individually. We will consider all other forms of information technology to understand beneficiary experiences comments we receive by the date and minimize the information collection through all interactions with the QIO time specified in the DATES section of burden. including initial contact, interim this notice. DATES: Comments on the collection(s) of interactions, and case closure. Upon completion of our evaluation, information must be received by the Information collection instruments are including evaluation of comments OMB desk officer by October 28, 2020. tailored to reflect the steps in each type received as a result of this notice, we of process, as well as the average time ADDRESSES: Written comments and will publish a final notice in the Federal it takes to complete each process. The recommendations for the proposed Register summarizing our response to information collection will: information collection should be sent comments and announcing the result of • Allow beneficiaries to directly within 30 days of publication of this our evaluation. provide feedback about the services they notice to www.reginfo.gov/public/do/ The Administrator of the Centers for receive under the QIO program; Medicare & Medicaid Services (CMS), PRAMain. Find this particular • Provide quality improvement data Seema Verma, having reviewed and information collection by selecting for QIOs to improve the quality of approved this document, authorizes ‘‘Currently under 30-day Review—Open service delivered to Medicare Lynette Wilson, who is the Federal for Public Comments’’ or by using the beneficiaries; and Register Liaison, to electronically sign search function. • Provide evaluation metrics for CMS this document for purposes of To obtain copies of a supporting to use in assessing performance of QIO publication in the Federal Register. statement and any related forms for the contractors. proposed collection(s) summarized in To achieve the above goals, Dated: September 22, 2020. this notice, you may make your request information collection will include: Lynette Wilson, using one of following: Experience survey, direct follow-up and Federal Register Liaison, Centers for Medicare 1. Access CMS’ website address at general feedback web survey. Form & Medicaid Services. website address at https://www.cms.gov/ Number: CMS–10393 (OMB control [FR Doc. 2020–21262 Filed 9–25–20; 8:45 am] Regulations-and-Guidance/Legislation/ number: 0938–1177); Frequency: Once; BILLING CODE 4120–01–P PaperworkReductionActof1995/PRA- Affected Public: Individuals or Listing.html. households; Number of Respondents: 2. Call the Reports Clearance Office at 9,100; Number of Responses: 9,100; DEPARTMENT OF HEALTH AND (410) 786–1326. Total Annual Hours: 2,191. (For policy HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: questions regarding this collection, William Parham at (410) 786–4669. Centers for Medicare & Medicaid contact David Russo at 617–565–1310.) SUPPLEMENTARY INFORMATION: Under the 2. Type of Information Collection Services Paperwork Reduction Act of 1995 (PRA) Request: Re-instatement with change of [Document Identifier: CMS–10393, CMS– (44 U.S.C. 3501–3520), federal agencies a previously approved collection; Title: 10525 and CMS–10593] must obtain approval from the Office of PACE Quality Data Monitoring and Management and Budget (OMB) for each Reporting; Use: The Programs of All- Agency Information Collection collection of information they conduct Inclusive Care for the Elderly (PACE) Activities: Submission for OMB or sponsor. The term ‘‘collection of program is a unique model of managed Review; Comment Request information’’ is defined in 44 U.S.C. care service delivery for the frail elderly, AGENCY: Centers for Medicare & 3502(3) and 5 CFR 1320.3(c) and most of whom are dually-eligible for Medicaid Services, Health and Human includes agency requests or Medicare and Medicaid benefits. To be Services (HHS). requirements that members of the public eligible to enroll in PACE, an individual ACTION: Notice. submit reports, keep records, or provide must: Be 55 or older, live in the service information to a third party. Section area of a PACE organization (PO), need SUMMARY: The Centers for Medicare & 3506(c)(2)(A) of the PRA (44 U.S.C. a nursing home-level of care (as certified Medicaid Services (CMS) is announcing 3506(c)(2)(A)) requires federal agencies by the state in which he or she lives), an opportunity for the public to to publish a 30-day notice in the and be able to live safely in the comment on CMS’ intention to collect Federal Register concerning each community with assistance from PACE. information from the public. Under the proposed collection of information, PACE organizations are responsible Paperwork Reduction Act of 1995 including each proposed extension or for providing all required Medicare and (PRA), federal agencies are required to reinstatement of an existing collection Medicaid covered services, and any publish notice in the Federal Register of information, before submitting the other service that the interdisciplinary concerning each proposed collection of collection to OMB for approval. To team (IDT) determines necessary to information, including each proposed comply with this requirement, CMS is improve and maintain a participant’s extension or reinstatement of an existing publishing this notice that summarizes overall health condition (42 CFR collection of information, and to allow the following proposed collection(s) of 460.92). POs must also comply with the a second opportunity for public information for public comment: quality monitoring and reporting comment on the notice. Interested 1. Type of Information Collection requirements outlined in §§ 460.140, persons are invited to send comments Request: Extension of a previously 460.200(b)(1), 460.200(c) and 460.202. regarding the burden estimate or any approved collection; Title of POs are also required to report certain other aspect of this collection of Information Collection: Beneficiary and unusual incidents to other Federal and

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State agencies consistent with Respondents: 20; Number of Responses: • Be under the care of an applicable applicable statutory or regulatory 361; Total Annual Hours: 51,805. (For provider (that is, physician, nurse requirements (see 42 CFR 460.136(a)(5)). policy questions regarding this practitioner, or physician assistant); and Form Number: CMS–10525 (OMB collection contact Courtney Williams at • Have a plan of care established and control number: 0938–1264); Frequency: 301–492–5157.) periodically reviewed by a physician in Annual; Affected Public: Private Sector: Dated: September 23, 2020. coordination with the furnishing of Business or other for-profits; Number of William N. Parham, III, home infusion drugs under Part B, that Respondents: 134; Total Annual prescribes the type, amount, and Director, Paperwork Reduction Staff, Office Responses: 1,143; Total Annual Hours: of Strategic Operations and Regulatory duration of infusion therapy services 173,664. (For policy questions regarding Affairs. that are to be furnished. Section 1861(iii)(3)(D)(i)(III) of the Act this collection contact Donna [FR Doc. 2020–21384 Filed 9–25–20; 8:45 am] Williamson at 410–786–4647.) requires that a qualified HIT supplier be 3. Type of Information Collection BILLING CODE 4120–01–P accredited by an accrediting Request: Reinstatement; Title of organization (AO) designated by the Information Collection: Establishment of DEPARTMENT OF HEALTH AND Secretary in accordance with section an Exchange by a State and Qualified HUMAN SERVICES 1834(u)(5) of the Act. Section Health Plans; Use: The Patient 1834(u)(5)(A) of the Act identifies Protection and Affordable Care Act, Centers for Medicare & Medicaid factors for designating AOs and in Public Law 111–148, enacted on March Services reviewing and modifying the list of 23, 2010, and the Health Care and designated AOs. These statutory factors [CMS–3386–FN] Education Reconciliation Act, Public are as follows: • Law 111–152, enacted on March 30, Medicare Program; Approval of The ability of the organization to 2010 (collectively, ‘‘Affordable Care Application by The Compliance Team conduct timely reviews of accreditation Act’’), expand access to health applications. for Initial CMS-Approval of Its Home • insurance for individuals and Infusion Therapy Accreditation The ability of the organization take employees of small businesses through Program into account the capacities of suppliers the establishment of new Affordable located in a rural area (as defined in Insurance Exchanges (Exchanges), AGENCY: Centers for Medicare and section 1886(d)(2)(D) of the Act). including the Small Business Health Medicaid Services, HHS. • Whether the organization has Options Program (SHOP). ACTION: Final notice. established reasonable fees to be As directed by the rule Establishment charged to suppliers applying for of Exchanges and Qualified Health SUMMARY: This final notice announces accreditation. Plans; Exchange Standards for our decision to approve The • Such other factors as the Secretary Employers (77 FR 18310) (Exchange Compliance Team for initial recognition determines appropriate. rule), each Exchange will assume as a national accrediting organization Section 1834(u)(5)(B) of the Act responsibilities related to the for home infusion therapy suppliers that requires the Secretary to designate AOs certification and offering of Qualified wish to participate in the Medicare to accredit HIT suppliers furnishing HIT Health Plans (QHPs). To offer insurance program. A home infusion therapy not later than January 1, 2021. Section through an Exchange, a health insurance supplier that participates must meet the 1861(iii)(3)(D) of the Act defines issuer must have its health plans Medicare conditions for coverage. ‘‘qualified home infusion therapy certified as QHPs by the Exchange. A DATES: The approval announced in this suppliers’’ as being accredited by a QHP must meet certain minimum final notice takes effect October 1, 2020 CMS-approved AO. certification standards, such as network through October 1, 2024. In the March 1, 2019 Federal Register, adequacy, inclusion of Essential FOR FURTHER INFORMATION CONTACT: we published a solicitation notice Community Providers (ECPs), and non- Christina Mister-Ward, (410) 786–2441. entitled, ‘‘Medicare Program; discrimination. The Exchange is Shannon Freeland, (410) 786–4348. Solicitation of Independent Accrediting responsible for ensuring that QHPs meet Lillian Williams, (410) 786–8636. Organizations To Participate in the these minimum certification standards SUPPLEMENTARY INFORMATION: Home Infusion Therapy Supplier as described in the Exchange rule under I. Background Accreditation Program’’ (84 FR 7057). 45 CFR 155 and 156, based on the This notice informed national AOs that Affordable Care Act, as well as other Home Infusion therapy (HIT) is a accredit HIT suppliers of an opportunity standards determined by the Exchange. treatment option for Medicare to submit applications to participate in The reporting requirements and data beneficiaries with a wide range of acute the HIT supplier accreditation program. collection in the Exchange rule address and chronic conditions. Section 5012 of Complete applications will be Federal requirements that various the 21st Century Cures Act (Pub. L. 114– considered for the January 1, 2021 entities must meet with respect to the 255, enacted on December 13, 2016) designation deadline if received by establishment and operation of an added sections 1861(iii) and 1834(u) to February 1, 2020. Exchange; minimum requirements that the Social Security Act (the Act), Regulations for the approval and health insurance issuers must meet with establishing a new Medicare benefit for oversight of AOs for HIT organizations respect to participation in a State based HIT services. Section 1861(iii)(1) of the are located at 42 CFR part 488, subpart or Federally-facilitated Exchange; and Act defines HIT as professional services, L. The requirements for HIT suppliers requirements that employers must meet including nursing services; training and are located at 42 CFR part 486, subpart with respect to participation in the education not otherwise covered under I. SHOP and compliance with other the Durable Medical Equipment (DME) provisions of the Affordable Care Act. benefit; remote monitoring; and other II. Approval of Accreditation Form Number: CMS–10593 (OMB monitoring services. Home infusion Organizations Control Number: 0938–1312); therapy must be furnished by a qualified Section 1834(u)(5) of the Act and the Frequency: Monthly, Annual; Affected HIT supplier and furnished in the regulations at § 488.1010 require that Public: Private Sector; Number of individual’s home. The individual must: our findings concerning review and

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approval of a national AO’s ability to investigate and respond meet the requirements for home requirements consider, among other appropriately to complaints against infusion suppliers. factors, the applying AO’s requirements accredited home infusion therapies. • § 486.525(a)(1) through (3) and (b), ++ Evaluate TCT’s procedures for for accreditation; survey procedures; to restructure and revise submitted monitoring home infusion therapies it resources for conducting required standard language to meet the surveys; capacity to furnish information has found to be out of compliance with requirements for professional services, for use in enforcement activities; TCT’s program requirements. patient training and education, remote monitoring procedures for provider ++ Assess TCT’s ability to report monitoring, and standards of practice. entities found not in compliance with deficiencies to the surveyed home the conditions or requirements; and infusion therapy and respond to the • § 488.1010(a)(6), to revise TCT’s ability to provide CMS with the home infusion therapy’s plan of procedures for surveys. necessary data. correction in a timely manner. Section 488.1020(a) requires that we ++ Establish TCT’s ability to provide B. Term of Approval CMS with electronic data and reports publish, after receipt of an As authorized under § 488.1040(a), we organization’s complete application, a necessary for effective validation and assessment of the organization’s survey reserve the right to conduct onsite notice identifying the national observations of accrediting organization accrediting body making the request, process. ++ Determine the adequacy of TCT’s operations at any time as part of the describing the nature of the request, and ongoing review and continuing providing at least a 30-day public staff and other resources. ++ Confirm TCT’s ability to provide oversight of an accrediting comment period. In accordance with adequate funding for performing organization’s performance. Based on § 488.1010(d), we have 210 days from required surveys. the review and observations described the receipt of a complete application to ++ Confirm TCT’s policies with approve or deny the application. in section III. of this final notice, we respect to surveys being unannounced. have determined that TCT’s III. Provisions of the Proposed Notice ++ Review TCT’s policies and requirements for HIT meet or exceed our procedures to avoid conflicts of interest, In the May 4, 2020 Federal Register requirements. Therefore, we approve including the appearance of conflicts of (85 FR 26477), we published a proposed TCT as a national accreditation interest, involving individuals who notice announcing The Compliance organization for HITs that request conduct surveys or participate in Team’s (TCT’s) request for initial participation in the Medicare program, accreditation decisions. approval of its Medicare HIT ++ Obtain TCT’s agreement to provide effective October 1, 2020 through accreditation program. In that proposed CMS with a copy of the most current October 1, 2024. notice, we detailed our evaluation accreditation survey together with any criteria. Under section 1834(u)(5) the IV. Collection of Information other information related to the survey Requirements Act and in our regulations at § 488.1010, as we may require, including corrective we conducted a review of TCT’s action plans. This document does not impose Medicare HIT accreditation application The May 4, 2020 proposed notice also information collection and in accordance with the criteria specified solicited public comments regarding requirements, that is, reporting, by our regulations, which included, but whether TCT’s requirements met or are not limited to the following: recordkeeping or third party disclosure • exceeded the Medicare CfCs for home requirements. Consequently, there is no An administrative review of TCT’s: infusion therapy. No comments were (1) Corporate policies; (2) financial and need for review by the Office of received in response to our proposed Management and Budget under the human resources available to notice. accomplish the proposed surveys; (3) authority of the Paperwork Reduction procedures for training, monitoring, and IV. Provisions of the Final Notice Act of 1995 (44 U.S.C. Chapter 35). evaluation of its home infusion therapy A. Differences Between TCT’s Standards The Administrator of the Centers for surveyors; (4) ability to investigate and and Requirements for Accreditation and Medicare & Medicaid Services (CMS), respond appropriately to complaints Medicare Conditions and Survey Seema Verma, having reviewed and against accredited home infusion Requirements approved this document, authorizes therapies; and (5) survey review and Lynette Wilson, who is the Federal decision-making process for We compared TCT’s HIT accreditation requirements and survey process with Register Liaison, to electronically sign accreditation. this document for purposes of • The ability for TCT to conduct the Medicare CfCs of part 486, subpart publication in the Federal Register. timely review of accreditation I and the survey and certification applications. process requirements of part 488, Dated: September 22, 2020. • The ability of TCT to take into subpart L. Our review and evaluation of Lynette Wilson, TCT’s HIT application, which was account the capacities of suppliers Federal Register Liaison, Centers for Medicare conducted as described in section III. of located in a rural area. & Medicaid. • The comparison of TCT’s Medicare this final notice, yielded the following [FR Doc. 2020–21260 Filed 9–25–20; 8:45 am] HIT accreditation program standards to areas where, as of the date of this notice, our current Medicare home infusion TCT has completed revising its BILLING CODE 4120–01–P therapy conditions for coverage (CfCs). standards and certification processes in • A documentation review of TCT’s order to meet the condition at: survey process to: • § 486.520(b), to address the ++ Determine the composition of the requirement of the plan of care must be survey team, surveyor qualifications, established by a physician prescribing and TCT’s ability to provide continuing the type, amount and duration for home surveyor training. infusion therapy. ++ Compare TCT’s processes, • § 486.525(a), to include the including periodic resurvey and the language ‘‘must’’ and ‘‘qualified’’ to

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DEPARTMENT OF HEALTH AND DATES: Comments due within 30 days of and Evaluation, 330 C Street SW, HUMAN SERVICES publication. OMB is required to make a Washington, DC 20201, Attn: ACF decision concerning the collection of Reports Clearance Officer. All requests, Administration for Children and information between 30 and 60 days emailed or written, should be identified Families after publication of this document in the by the title of the information collection. [OMB #0970–0466] Federal Register. Therefore, a comment is best assured of having its full effect SUPPLEMENTARY INFORMATION: Submission for OMB Review; if OMB receives it within 30 days of Description: ACF was granted a 180- Information Collection Activity; Initial publication. day approval by OMB to collect Medical Exam Form and Dental Exam ADDRESSES: Written comments and information about instances of COVID– Form recommendations for the proposed 19. A request for review under normal procedures will now be submitted to AGENCY: Office of Refugee Resettlement, information collection should be sent Administration for Children and directly to the following: Office of continue collection of this information Families, HHS. Management and Budget, Paperwork as part of the information collection _ ACTION: Request for public comment. Reduction Project, Email: OIRA under OMB #0970–0466. [email protected], Attn: Respondents: Healthcare providers SUMMARY: The Office of Refugee Desk Officer for the Administration for (Pediatricians and Dentists) and ORR Resettlement (ORR), Administration for Children and Families. Grantee Staff. Children and Families (ACF), U.S. Copies of the proposed collection may Department of Health and Human be obtained by emailing infocollection@ Annual Burden Estimates: Services (HHS), is requesting to acf.hhs.gov. Alternatively, copies can Estimated Opportunity Costs for continue the data collection approved also be obtained by writing to the Respondents by the Office of Management and Administration for Children and Budget (OMB) under expedited review. Families, Office of Planning, Research, Pediatricians, General

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

Initial Medical Exam Form (excluding Appendix A: Supple- mental TB Screening Form) ...... 195 271 0.22 34,878 11,626

Estimated Annual Burden Total: ORR Grantee Staff 11,626.

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

Appendix A: Supplemental TB Screening Form ...... 195 271 0.05 7,926 2,642

Estimated Annual Burden Total: Dentists 2,642.

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

Dental Exam Form ...... 195 46 0.08 2,154 718

Estimated Annual Burden Total: 718. Estimated Recordkeeping Costs Estimated Recordkeeping Costs ORR Grantee Staff ORR Grantee Staff

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

Initial Medical Exam Form (including Appendix A: Supple- mental TB Screening Form) ...... 195 271 0.33 52,317 17,439

Dental Exam Form ...... 195 46 0.17 4,575 1,525

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Estimated Annual Burden Total: SUMMARY: The Office of Community SUPPLEMENTARY INFORMATION: 18,964. Services (OCS), Administration for Description: States, including the Authority: 6 U.S.C. 279: Exhibit 1, part A.2 Children and Families (ACF), U.S. District of Columbia, tribes, tribal of the Flores Settlement Agreement (Jenny Department of Health and Human organizations, and U.S. territories Lisette Flores, et al., v. Janet Reno, Attorney Services (HHS), is requesting a 3-year applying for LIHEAP block grant funds General of the United States, et al., Case No. extension of the form OCS–0024: Low must, prior to receiving federal funds, CV 85–4544–RJK [C.D. Cal. 1996]). Income Home Energy Assistance submit an annual application (Model Program (LIHEAP) Model Plan John M. Sweet, Jr., Plan, ACF–122) that meets the LIHEAP Application (OMB #0970–0075, statutory and regulatory requirements. ACF/OPRE Certifying Officer. expiration 09/30/2020). There are no In addition to the Model Plan, grantees [FR Doc. 2020–21265 Filed 9–25–20; 8:45 am] changes requested to the form. are also required to complete the BILLING CODE 4184–45–P DATES: Comments due within 30 days of Mandatory Grant Application, SF–424— publication. OMB must make a decision Mandatory, which is included as the about the collection of information first section of the Model Plan. DEPARTMENT OF HEALTH AND between 30 and 60 days after The LIHEAP Model Plan is an HUMAN SERVICES publication of this document in the electronic form and is submitted to Administration for Children and Federal Register. Therefore, a comment OCS/ACF through the On-line Data Families is best assured of having its full effect Collection (OLDC) system within if OMB receives it within 30 days of GrantSolutions, which is currently Submission for OMB Review; publication. being used by all LIHEAP grantees to Application Requirements for the Low ADDRESSES: Written comments and submit other required LIHEAP reporting Income Home Energy Assistance recommendations for the proposed forms. In order to reduce the reporting Program (LIHEAP) Model Plan information collection should be sent burden, all data entries from each Application (OMB #0970–0075) within 30 days of publication of this grantee’s prior year’s submission of the notice to www.reginfo.gov/public/do/ Model Plan in OLDC are saved and re- AGENCY: Office of Community Services, PRAMain. Find this particular populated into the form for the Administration for Children and information collection by selecting following fiscal year’s application. Families, HHS. ‘‘Currently under 30-day Review—Open Respondents: States, the District of for Public Comments’’ or by using the Columbia, U.S. territories, and tribal ACTION: Request for public comment. search function. governments.

ANNUAL BURDEN ESTIMATES

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

LIHEAP Detailed Model Plan ...... 210 1 .50 105

Estimated Total Annual Burden SUMMARY: The Office of Refugee Copies of the proposed collection may Hours: 105. Resettlement (ORR), Administration for be obtained by emailing infocollection@ Authority: 42 U.S.C. 8621. Children and Families (ACF), U.S. acf.hhs.gov. Alternatively, copies can Department of Health and Human also be obtained by writing to the John M. Sweet Jr, Services (HHS), is requesting to Administration for Children and ACF/OPRE Certifying Officer. continue the data collection approved Families, Office of Planning, Research, [FR Doc. 2020–21267 Filed 9–25–20; 8:45 am] by the Office of Management and and Evaluation, 330 C Street SW, BILLING CODE 4184–80–P Budget (OMB) under expedited review. Washington, DC 20201, Attn: ACF DATES: Comments due within 30 days of Reports Clearance Officer. All requests, publication. OMB is required to make a emailed or written, should be identified DEPARTMENT OF HEALTH AND decision concerning the collection of by the title of the information collection. HUMAN SERVICES information between 30 and 60 days SUPPLEMENTARY INFORMATION: after publication of this document in the Administration for Children and Description: ACF was granted a 180- Families Federal Register. Therefore, a comment is best assured of having its full effect day approval by OMB to collect information about instances of COVID– Submission for OMB Review; if OMB receives it within 30 days of publication. 19. A request for review under normal Information Collection Activity; Health procedures will now be submitted to Assessment Form, Public Health ADDRESSES: Written comments and continue collection of this information Investigation Form: Non-TB Illness, recommendations for the proposed as part of the information collection and Public Health Investigation Form: information collection should be sent under OMB #0970–0509. Active TB (OMB #0970–0509) directly to the following: Office of Respondents: Healthcare providers Management and Budget, Paperwork AGENCY: Office of Refugee Resettlement, (Pediatricians) and ORR Grantee Staff. Reduction Project, Email: OIRA_ Administration for Children and Annual Burden Estimates: Families, HHS. [email protected], Attn: Desk Officer for the Administration for Estimated Opportunity Costs for ACTION: Request for public comment. Children and Families. Respondents:

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PEDIATRICIANS, GENERAL

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

Health Assessment Form ...... 195 542 0.15 47,562 15,854

Estimated Annual Burden Total: 15,854.

ORR GRANTEE STAFF

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

Public Health Investigation Form: Non-TB Illness ...... 195 10 0.08 468 156 Public Health Investigation Form: Active TB ...... 195 3 0.08 141 47

Estimated Annual Burden Total: 203. Estimated Recordkeeping Costs:

ORR GRANTEE STAFF

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

Health Assessment Form ...... 195 542 0.21 66,585 22,195 Public Health Investigation Form: Non-TB Illness ...... 195 10 0.08 468 156 Public Health Investigation Form: Active TB ...... 195 3 0.08 141 47

Estimated Annual Burden Total: information listed above. Under the Administration for Community Living 22,398. Paperwork Reduction Act of 1995 (the 330 C Street SW, Washington, DC Authority: 6 U.S.C. 279: Exhibit 1, part A.2 PRA), Federal agencies are required to 20201. Phone: 202–795–7356. Email: of the Flores Settlement Agreement (Jenny publish a notice in the Federal Register [email protected]. Lisette Flores, et al., v. Janet Reno, Attorney concerning each proposed collection of SUPPLEMENTARY INFORMATION: Under the General of the United States, et al., Case No. information, including each proposed PRA, Federal agencies must obtain CV 85–4544–RJK [C.D. Cal. 1996]). revision of an existing collection of approval from the Office of Management John M. Sweet, Jr., information, and to allow 60 days for and Budget (OMB) for each collection of public comment in response to the information they conduct or sponsor. ACF/OPRE Certifying Officer. notice. This revision (ICR Rev) solicits ‘‘Collection of information’’ is defined [FR Doc. 2020–21266 Filed 9–25–20; 8:45 am] comments on the information collection as and includes agency requests or BILLING CODE 4184–45–P requirements related to the State Grants requirements that members of the public for Assistive Technology Program submit reports, keep records, or provide Annual Progress Report (AT APR). information to a third party. The PRA DEPARTMENT OF HEALTH AND requires Federal agencies to provide a HUMAN SERVICES DATES: Comments on the collection of information must be submitted 60-day notice in the Federal Register Administration for Community Living electronically by 11:59 p.m. (EST) or concerning each proposed collection of postmarked by November 27, 2020. information, including each proposed [OMB #0985–0042] extension of an existing collection of ADDRESSES: Submit electronic information, before submitting the Agency Information Collection comments on the collection of collection to OMB for approval. To Activities; Proposed Collection; Public information to: Robert Groenendaal, comply with this requirement, ACL is Comment Request; State Grants for [email protected]. publishing a notice of the proposed Assistive Technology Program Annual Submit written comments on the collection of information set forth in Progress Report collection of information to the this document. Administration for Community Living AGENCY: Administration for Community With respect to the following 330 C Street SW, Washington, DC Living, HHS. collection of information, ACL invites 20201. Attention: Robert Groenendaal. ACTION: Notice comments on our burden estimates or FOR FURTHER INFORMATION CONTACT: any other aspect of this collection of SUMMARY: The Administration for Robert Groenendaal, Assistive information, including: Community Living (ACL) is announcing Technology Program Manager, Center (1) Whether the proposed collection an opportunity for the public to for Innovation and Partnership in the of information is necessary for the comment on the proposed collection of Office of Interagency Innovation proper performance of ACL’s functions,

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including whether the information will Every state and outlying area is increase the access to and acquisition of have practical utility; required to include a minimum of seven AT devices and services through (2) the accuracy of ACL’s estimate of prescribed measurable goals in its State statewide AT programs for individuals the burden of the proposed collection of Plan. These seven goals apply to all with disabilities. Data collected from information, including the validity of states and outlying areas in order to grantees will also provide information the methodology and assumptions used aggregate information on performance of for usage by Congress, the Department, to determine burden estimates; the program at the national level. and the public. In addition, ACL will (3) ways to enhance the quality, National aggregation of data related to use this data to inform program utility, and clarity of the information to these goals is necessary for the management, monitoring, and technical be collected; and Government Performance and Results assistance efforts. While States will be (4) ways to minimize the burden of Modernization Act of 2010 (GPRAMA) able to use the data for internal the collection of information on (Pub. L. 111–352), as well as an Annual management and program improvement. respondents, including through the use Report to Congress (see ‘‘Section 7 To review the proposed data of automated collection techniques Requirements Necessitating Collection’’ collection tools please visit the ACL when appropriate, and other forms of below). website at: https://www.acl.gov/about- information technology. Therefore, this data collection acl/public-input. The information collected through instrument provides a way for all 56 this data collection instrument is grantees—50 U.S. states, DC, Puerto Estimated Program Burden necessary for ACL and states to comply Rico, the U.S. Virgin Islands, Guam, ACL estimates the burden associated with Sections 4 and 7 of the Assistive American Samoa, and the with this collection of information as Technology Act of 1998, as amended Commonwealth of the Northern Mariana follows: (AT Act). ACL is requesting a revision Islands to collect and report data on of the annual data collection instrument their performance in a consistent (A) A web-based system that collects (OMB No. 0985–0042). Approval of manner, including a uniform survey to data from states. 0985–0042 expires November 30, 2020. be given to consumers. This uniform (B) A performance measurement Section 4 of the AT Act authorizes survey is included as part of the data survey that states collect from grants to public agencies in the 50 states collection package. individuals. and the District of Columbia, Puerto Annual Reports: In addition to (C) A customer satisfaction survey Rico, the Virgin Islands, Guam, submitting a State Plan every three that states collect from individuals. American Samoa, and the years, states and outlying areas are (A) Fifty-six grantees report to ACL Commonwealth of the Northern required to submit annual progress using the web-based data collection Marianas (states and outlying areas). reports on their activities. The data system. A workgroup of grantees With these funds, the 56 states and required in that progress report is estimated that the average amount of outlying areas operate ‘‘Statewide AT specified in Section 4(f) of the AT Act. time required to complete all responses Programs’’ that conduct activities to Section 7(d) of the AT Act requires that to the data collection instrument is 80 increase access to and acquisition of ACL submit to Congress an annual hours annually. The estimated response assistive technology (AT) for report on the activities conducted under burden includes time to review the individuals with disabilities and older the Act and an analysis of the progress instructions, gather existing data, and Americans. of the states and outlying areas in Divided into two comprehensive complete and review the data entries. meeting their measurable goals. This These estimates are based on the activity categories: ‘‘State-level report must include a compilation and Activities’’ and ‘‘State Leadership experience of staff who implement these summary of the data collected under programs at the state level. In addition, Activities.’’ According to Section 4 of Section 4(f). In order to make this the AT Act, as a condition of receiving we project that clean-up and possible, states and outlying areas must clarification of data elements will a grant to support their Statewide AT provide their data uniformly. This data Programs, the 56 states and outlying require no change in data burden collection instrument was developed to estimates. areas must provide to ACL: (1) ensure that all 56 states and outlying (B) The fifty-six grantees ask Applications and (2) annual progress areas report data in a consistent manner consumers to complete surveys that reports on their activities. in alignment with the requirements of provide information on their Applications: The application Section 4(f). As stated above, ACL will performance related to the state’s required of states and outlying areas is use the information collected via this measurable goals. Historical data from a three-year State Plan for Assistive instrument to: Technology (State Plan for AT or State (1) Complete the annual report to states indicates that the average state Plan) (OMB No. 0985–0048). The Congress required by the AT Act; will ask for this information from 3,242 content of the State Plan for AT is based (2) Comply with reporting consumers at 1 minute per consumer to on the requirements in Section 4(d) of requirements under the Government complete the question survey, for a total the AT Act. As a part of this State Plan, Performance and Results Modernization of 54 hours annually. Section 4(d)(3) of the AT Act requires Act of 2010 (GPRAMA) (Pub. L. 111– (C) The fifty-six grantees also ask that states and outlying areas set 352); and consumers to complete customer measurable goals for addressing the (3) Assess the progress of states and satisfaction surveys. Historical data assistive technology needs of outlying areas regarding measurable from states indicated that the average individuals with disabilities in goals in their State Plans for AT. state asks for this information from education, employment, community Data collected from the grantees will 3,242 consumers at 1 minute per living and information technology/ provide a national description of consumer, for a total of 54 hours telecommunications. activities funded under the AT Act to annually.

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Annual Total Number of Hours per burden per annual responses response grantee burden hours

Work-Based System ...... 56 1.428 80 4,480 Performance Measurement ...... 3,242 0.01666 54 3.024 Customer Satisfaction ...... 3,242 0.01666 54 3,024

Subtotal ...... 188 10,528

Program Support ...... 56 4 208 11,648 Record Keeping Burden ...... 56 0.14286 8 448

Subtotal ...... 216 12,096

Total ...... 404 22,624

Dated: September 17, 2020. (c) by mail to the Office of The respondents for this data Mary Lazare, Information and Regulatory Affairs, collection are grantees, grantee team Principal Deputy Administrator. OMB, New Executive Office Bldg., 725 members, and partners who meet with [FR Doc. 2020–21294 Filed 9–25–20; 8:45 am] 17th St. NW, Rm. 10235, Washington, Medicare beneficiaries and older adults BILLING CODE 4154–01–P DC 20503, Attn: OMB Desk Officer for in-group settings and in one-on-one ACL. sessions to educate them on Medicare enrollment, Medicare benefits and FOR FURTHER INFORMATION CONTACT: subsidy programs, the importance of DEPARTMENT OF HEALTH AND Rebecca Kinney, Office of Healthcare being aware of Medicare fraud, errors HUMAN SERVICES Information and Counseling (OHIC), and abuse, and having the knowledge to Administration for Community Living, Administration for Community Living protect the Medicare system. Washington, DC 20201, Phone: 202– ACL is proposing to combine these [OMB #0985–0040] 795–7397 Email: Rebecca.Kinney@ three collection tools to reduce burden acl.hhs.gov. Agency Information Collection on the grantees, grantee team members, Activities; Submission for OMB SUPPLEMENTARY INFORMATION: In and partners as many of the individuals Review; Public Comment Request; compliance with 44 U.S.C. 3507, ACL working on these programs, collecting State Health Insurance Assistance has submitted the following proposed information, and reporting results are Program (SHIP) Data Performance collection of information to OMB for the same at the local level. Combining Reports and Information Collection review and clearance. these tools will reduce the need for duplicate or triplicate reporting of Tools The purpose of this data collection is activities in separate tools further to collect performance data from AGENCY: Administration for Community reducing the time and effort in reporting grantees, grantee team members, and Living, HHS. outcomes and activities. In addition, partners. Congress requires this data ACTION: Notice. this combination will allow clarification collection for program monitoring and on when, where, and how services are SUMMARY: The Administration for Government Performance Results Act being delivered across these ACL Community Living is announcing that (GPRA) purposes. This data collection programs further informing performance the proposed collection of information allows the Administration for outcomes. listed above has been submitted to the Community Living (ACL) and the Center Office of Management and Budget for Innovation and Partnership (CIP) to SHIP and MIPPA Data Collection (OMB (OMB) for review and clearance as communicate with Congress and the #0985–0040) required under section 506(c)(2)(A) of public on the State Health Insurance Section 4360(f) of OBRA 1990 created the Paperwork Reduction Act of 1995. Assistance Program (SHIP), the Senior the State Health Insurance Assistance This 30-Day notice collects comments Medicare Patrol (SMP) program, the Program (SHIP) and requires the on the information collection Medicare Improvements for Patients & Secretary to provide a series of reports requirements related to the modification Providers Act (MIPPA) program, and to the U.S. Congress on the performance and use of the Data Performance Reports Aging and Disability Resource Centers of the SHIP program annually. The law and Information Collection tools for the (ADRC) activities. In addition to the also requires ACL to report on the State Health Insurance Assistance SHIP Data Performance Reports and program’s impact on beneficiaries and Program (SHIP) under OMB 0985–0040 Information Collection (OMB #0985– to obtain important feedback from that expires September 30, 2020 0040), this revision incorporates the beneficiaries. DATES: Submit written comments on the expired SMP Report collection (OMB This tool captures the information collection of information by 11:59 p.m. #0985–0024) and the ADRC collection and data necessary for ACL to meet (EST) or postmarked by October 28, (OMB #0985–0062) into one tool. these Congressional requirements, as 2020. The SHIP, SMP, MIPPA, and ADRC well as, grantee performance data ADDRESSES: Submit written comments programs are located in each of the 50 providing ACL essential insight for on the collection of information by: states, the District of Columbia, Puerto monitoring and technical assistance (a) Email to: OIRA_submission@ Rico, Guam and the U.S. Virgin Islands. purposes. omb.eop.gov, Attn: OMB Desk Officer In order to ensure that grantees report In addition, the Medicare for ACL; activity accurately and consistently it is Improvements for Patients and (b) fax to: 202.395.5806, Attn: OMB imperative that these data collection Providers Act (MIPPA), initially passed Desk Officer for ACL; or tools remain active. in 2008, provided targeted funding for

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the SHIPs, Area Agencies on Aging (GAO), to assess the performance of the Additionally, this collection supports (AAAs), and Aging and Disability program. The ACL employs this tool to states in better coordinating and Resource Centers (ADRC) to conduct collect performance and outcome data integrating their existing long-term enrollment assistance to Medicare on the SMP Program necessary services and supports (LTSS) access beneficiaries for the Low Income information for monitoring and functions to develop a new interface Subsidy (LIS) and Medicare Savings oversight. ACL has shared this data and that would make it easier for people to Program (MSP). This tool also collects worked with HHS/OIG to develop SMP learn about and quickly access options performance and outcome data on the performance measures. that meet their needs. These programs MIPPA Program providing ACL The HHS/OIG has collected SMP operate throughout the United States necessary information for monitoring performance data and issued SMP and represent a nationally recognized and oversight. performance reports since 1997. The network. information from the current collection SMP Data Collection (OMB #0985– Comments in Response to the 60-Day is reported by the OIG to Congress and 0024) Federal Register Notice the public. This information is also used Under Public Law 104–208, the by ACL as the primary method for ACL published both a 60-day and 30- Omnibus Consolidated Appropriations monitoring the SMP Projects. day Federal Register Notice in the Act of 1997, Congress established the Federal Register soliciting public Senior Medicare Patrol Projects in order ADRC Data Collection (OMB #0985– comments on this revision request. The to further curb losses to the Medicare 0062) 60-day FRN published on December 30, program. The Senate Committee noted The Aging and Disability Resource 2019, Volume 84, Number 249, pages that retired professionals, with Center (ADRC) collects data for the No 71954–71956; ACL received seventeen appropriate training, could serve as Wrong Door (NWD) System initiative. comments in response to the request for educators and resources to assist This tool seeks to connect fragmentation comments for the Proposed Collection Medicare beneficiaries and others to in the network, ease administrative of data through the OHIC Data System. detect and report errors, fraud and reporting burden, and further support ACL reviewed all of the comments. abuse. the need for early community-based Most of the comments were proposed Among other requirements, it directed interventions. additions to the topics discussed on the the ACL to work with the Office of ACL uses this tool to collect various forms. ACL discussed the Inspector General (OIG) and the performance and outcome data comments and included additions Government Accountability Office necessary for monitoring and oversight. where it was deemed necessary.

BENEFICIARY CONTACT FORM COMMENTS & RESPONSES

Topic/issue Public comment ACL response

Beneficiary Demographics ...... Please add veteran status to track possible ACL added a new question to the Beneficiary eligibility for benefits. Contact Form to capture veteran status. Topics Discussed/Original Medicare ...... Please add Accountable Care Organizations .. ACL added ‘‘Accountable Care Organizations (ACOs)’’. Add Part B conditional enrollment ...... ACL added ‘‘Conditional Enrollment’’. Include something to track equitable relief ...... ACL added ‘‘Equitable Relief’’. Please include late enrollment penalties ...... ACL added ‘‘Late Enrollment Penalty’’ to the Original Medicare Topics Discussed field and the Medicare Part D Topics Discussed field. Please include something to track issues with ACL added ‘‘Provider Participation’’ to the provider participation to the form. Original Medicare Topics Discussed field, ‘‘Provider Network’’ to the Medicare Advan- tage Topics Discussed, ‘‘Pharmacy Net- work’’ to Medicare Part D Topics Dis- cussed, and ‘‘Provider Participation’’ to the Medicaid Topics Discussed field. Topics Discussed/Medigap ...... Include application assistance for Medigap ACL added ‘‘Application Assistance’’. plans. Please include a way to track Medigap com- ACL added ‘‘Complaints’’ and ‘‘Guaranteed plaints and guaranteed issue right issues. Issue Rights’’. Topics Discussed/Medicare Advantage (MA Add Special Needs Plans to the form ...... ACL added ‘‘Chronic Condition Special Needs and MA–PD). Plans’’, ‘‘Dual Eligible Special Needs Plans’’, and ‘‘Institutional Special Needs Plans’’. Include the new benefits for MA plans ...... ACL added ‘‘Supplemental Benefits (please explain)’’. Include Integrated Care on the Beneficiary ACL did not include this item because it is in- Contact Form. cluded in more detailed Topics Discussed captured throughout the form. Topics Discussed/Other Prescription Assistance Add a way to track prescription discount cards ACL added ‘‘Prescription Discount Cards’’. Topics Discussed/Medicaid ...... Add MSP Application Submission ...... ACL deleted ‘‘Application Submission’’ from the Medicaid Topics Discussed field and added ‘‘Medicaid Application Submission’’, ‘‘MSP Application Submission’’, and ‘‘Med- icaid Spend Down’’ to differentiate between the actions.

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BENEFICIARY CONTACT FORM COMMENTS & RESPONSES—Continued

Topic/issue Public comment ACL response

Add Appeals to the Medicaid section ...... ACL added ‘‘Appeals/Grievances’’ and ‘‘QMB Improper Billing’’. Please include a way to track issues with ACL added ‘‘Medicaid Expansion (ACA) Tran- Medicaid Expansion and Marketplace tran- sitions to Medicare’’ to the Medicaid Topics sitions to Medicare. Discussed field and ‘‘Marketplace Transition to Medicare’’ to the Other Insurance Topics Discussed field. Include a way to track MSP recertification ...... ACL added ‘‘Medicaid Recertification’’ and ‘‘MSP Recertification’’. Add PACE ...... ACL added ‘‘Program of All-Inclusive Care for the Elderly (PACE)’’. Topics Discussed/Additional Topic Details ...... Please add an easy way to track COVID–19 ACL added ‘‘COVID–19’’. issues. Add a way to track issues with common bene- ACL added ‘‘ESRD’’, ‘‘Mail Order Prescrip- fits such as transportation and home health tion’’, ‘‘Mental Health’’, ‘‘Opioids’’, ‘‘Physical care. Therapy’’, ‘‘Telehealth’’, and ‘‘Transpor- tation’’. Add HSAs ...... ACL added ‘‘Health Savings Accounts’’. Add a way to track IRMA questions ...... ACL added ‘‘Income Related Monthly Adjust- ment Amount’’. Please find a way to track assistance with ACL added ‘‘MyMedicare.gov Account’’. setting up and assisting with MyMedicare accounts. Add Behavioral Health as a topic ...... ACL did not add this as it is encompassed by ‘‘Mental Health’’. Add Pooled Trusts ...... ACL did not add as it is not within the SHIP scope of work. Add the following benefits: SNAP, LIHEAP, ACL did not add these benefits as it is not SSI, SSDI, Tax Benefits, Veterans Benefits, within the SHIP scope of work. Housing, Subsidies, Lifeline, Public Assist- ance, Unemployment Assistance, Sub- sidized Transit Benefits, Other food Bene- fits, Other home benefits.

The proposed data collection tools review at https://www.acl.gov/about- this collection of information as follows: may be found on the ACL website for acl/public-input. The burden hours are based on the Estimated Program Burden: ACL number of projects for ACL grantees. estimates the burden associated with

Average Grantee respondent Number of Number of burden per Total burden type Form/report name respondents responses per response hours respondent (in minutes)

SMP ...... Media Outreach & Education ...... 216 46 2 662.4 SMP ...... Group Outreach & Education ...... 6,935 4 4 1,849.33 SMP ...... Individual Interaction ...... 6,935 41 5 23,694.58 SMP ...... Team Member ...... 216 31 5 558 SMP ...... SMP Team Member Activity ...... 216 31 5 558 SMP ...... SMP Interaction ...... 6,935 2 5 1,155.83 SMP ...... SMP Subject ...... 3,500 5 5 1,458.33 SMP ...... OIG Report ...... 0 0 0 0 SMP ...... Time Spent Report ...... 0 0 0 0 SHIP/MIPPA ...... Media Outreach & Education ...... 3,750 15 15 14,062.50 SHIP/MIPPA ...... Group Outreach & Education ...... 3,750 15 4 3,750 SHIP/MIPPA ...... SHIP Team Member ...... 216 75 5 1,350 SHIP/MIPPA ...... Beneficiary Contact ...... 15,000 233 5 291,250 SHIP/MIPPA ...... Training ...... 216 75 15 4,050 SHIP/MIPPA ...... SHIP Performance Report ...... 0 0 0 0 SHIP/MIPPA ...... Resource Report ...... 0 0 0 0 SHIP/MIPPA ...... MIPPA Performance Report ...... 0 0 0 0 SHIP/MIPPA ...... SHIP Team Member Activity ...... 216 40 7 1,008 SHIP/MIPPA ...... SHIP Training ...... 216 5 4 72 SHIP/SMP/MIPPA .. Summary Reports ...... 0 0 0 0 SHIP/MIPPA ...... Part D Enrollment Outcomes Report ...... 0 0 0 0

Totals ...... 48,317 618 ...... 335,166.47

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Dated: September 17, 2020. FOR FURTHER INFORMATION CONTACT: statutory authority for these cooperative Mary Lazare, Shannon Skowronski, Administration is contained in Continuing Principal Deputy Administrator. for Community Living, Washington, DC Appropriations Act, 2020 and Health [FR Doc. 2020–21293 Filed 9–25–20; 8:45 am] 20201, Shannon Skowronski, 202–795– Extenders Act of 2019, Public Law 116– BILLING CODE 4154–01–P 7438, [email protected]. 59; the Older Americans Act (OAA) SUPPLEMENTARY INFORMATION: Under the (Section 411); and the Patient Protection PRA (44 U.S.C. 3501–3520), Federal and Affordable Care Act, 42 U.S.C. DEPARTMENT OF HEALTH AND agencies must obtain approval from the 300u–11 (Prevention and Public Health HUMAN SERVICES Office of Management and Budget Fund). (OMB) for each collection of The Evidence-Based Falls Prevention Administration for Community Living information they conduct or sponsor. Program supports a national resource [OMB #0985–0039] ‘‘Collection of information’’ is defined center and awards competitive grants to in 44 U.S.C. 3502(3) and 5 CFR implement and promote the Agency Information Collection 1320.3(c) and includes agency requests sustainability of evidence-based Activities; Proposed Collection; or requirements that members of the community programs that have been Comment Request; Prevention and public submit reports, keep records, or proven to reduce the falls incidence and Public Health Fund Evidence-Based provide information to a third party. risk among for older adults. OMB Falls Prevention Program Information Section 3506(c)(2)(A) of the PRA (44 approval of the existing set of Falls Collection U.S.C. 3506(c)(2)(A)) requires Federal Prevention data collection tools (OMB agencies to provide a 60-day notice in Control Number, 0985–0039) expires on AGENCY: Administration for Community the Federal Register concerning each Living, HHS. 03/31/2021. This data collection proposed collection of information, continues to be necessary for monitoring ACTION: Notice. including each proposed extension of an program operations and outcomes. existing collection of information, SUMMARY: The Administration for ACL/AoA proposes to use the Community Living (ACL) is announcing before submitting the collection to OMB for approval. To comply with this following tools: (1) Semi-annual an opportunity for the public to performance reports to monitor grantee comment on the proposed collection of requirement, ACL is publishing a notice of the proposed collection of progress; (2) a Host/Implementation information listed above. Under the Organization Information Form to Paperwork Reduction Act of 1995 (the information set forth in this document. With respect to the following record location of agencies that sponsor PRA), Federal agencies are required to collection of information, ACL invites programs that will allow mapping of the publish a notice in the Federal Register comments on our burden estimates or delivery infrastructure; and (3) a set of concerning each proposed collection of any other aspect of this collection of tools used to collect information at each information, including each proposed information, including: program completed by the program extension of an existing collection of (1) Whether the proposed collection leaders (Program Information Cover information, and to allow 60 days for of information is necessary for the Sheet and Attendance Log), a public comment in response to the proper performance of ACL’s functions, Participant Information Form to be notice. including whether the information will completed by all participants, and a This notice solicits comments on the have practical utility; Post Program Survey to be completed by Proposed Extension with minor changes (2) the accuracy of ACL’s estimate of a random sample of participants. and solicits comments on the the burden of the proposed collection of ACL/AoA intends to continue using information collection requirements information, including the validity of an online data entry system for the related to Prevention and Public Health the methodology and assumptions used program and participant survey data. Funds Evidence-Based Falls Prevention to determine burden estimates; Program Information Collection. Minor changes are being proposed to (3) ways to enhance the quality, the currently approved tools. All DATES: Comments on the collection of utility, and clarity of the information to information must be submitted changes proposed are based on feedback be collected; and from a focus group that included a sub- electronically by 11:59 p.m. (EST) or (4) ways to minimize the burden of set of current grantees and consultation postmarked by November 27, 2020. the collection of information on with subject-matter experts. ADDRESSES: Submit electronic respondents, including through the use comments on the collection of of automated collection techniques The proposed data collection tools information to: Shannon Skowronski. when appropriate, and other forms of may be found on the ACL website for Submit written comments on the information technology. The Evidence- review at https://www.acl.gov/about- collection of information to Based Falls Prevention Grant Program is acl/public-input. Administration for Community Living, financed through the Prevention and Estimated Program Burden: ACL Washington, DC 20201, Attention: Public Health Fund (PPHF), most estimates the burden associated with Shannon Skowronski. recently with FY 2020 PPHF funds. The this collection of information as follows:

Number of Responses per Hours per Annual burden Respondent/data collection activity respondents respondent response hours

Project staff, Semi-annual Performance Report ...... 20 ...... Twice a year ...... 8 320 Local agency leaders Program Information Cover Sheet/Participant 436 leaders ...... Twice a year (one .50 436 Information Form/Attendance Log/Post Local data entry staff Pro- 40 data entry set per pro- .50 436 gram Survey. staff. gram). Once per program × 872 programs. Local organization staff and local database entry staff Host Organiza- 436 staff ...... 1 ...... 05 22 tion Data Form. Program participants Participant Information Form ...... 10,455 ...... 1 ...... 10 1,046

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Number of Responses per Hours per Annual burden Respondent/data collection activity respondents respondent response hours

Program Participants Post Program Survey ...... 6,273 ...... 1 ...... 10 628

Total Burden Hours ...... 2,888

Dated: September 17, 2020. SUMMARY: Additional grant funds were Period of Supplemental Funding: FY Mary Lazare, provided to two Health Center Program 2020. Principal Deputy Administrator. award recipients in Las Vegas, Nevada Assistance Listings (CFDA) Number: [FR Doc. 2020–21292 Filed 9–25–20; 8:45 am] and Washington, District of Columbia 93.224. with periods of performance ending in BILLING CODE 4154–01–P fiscal year (FY) 2020 to extend their Authority: PHS Act (42 U.S.C. 254b). periods of performance by up to 4 Justification: HRSA has extended the DEPARTMENT OF HEALTH AND months to ensure the ongoing delivery FY 2020 periods of performance with HUMAN SERVICES of services until a new competitive prorated supplemental grant funds to award could be made. two award recipients in Las Vegas, Health Resources and Services FOR FURTHER INFORMATION CONTACT: Nevada and Washington, District of Administration Olivia Shockey, Expansion Division Columbia for 3 months and 4 months, Director, Office of Policy and Program respectively, until a new award could be Health Center Program; Announcing Development, Bureau of Primary Health made for each service area. Continued Period of Performance Extensions Care, HRSA, at [email protected] or funding to the Health Center Program With Funding for Health Center (301) 594–4300. award recipients ensured that Program Award Recipients in Las SUPPLEMENTARY INFORMATION: individuals in the service areas received Vegas, Nevada and Washington, Recipients of the Award: Two award uninterrupted access to needed health District of Columbia recipients, as listed in Table 1, in Las care services, which enabled HRSA to Vegas, Nevada and Washington, District support consistent health care to AGENCY: Health Resources and Services of Columbia, to ensure that individuals beneficiaries, eliminate delays in Administration (HRSA), Department of in the service areas receive funding gaps, and demonstrate Health and Human Services (HHS). uninterrupted access to needed health administrative efficiencies. HRSA awarded $774,941 to the two existing ACTION: Notice; announcing period of care services. Amount of Non-Competitive Awards: Health Center Program award recipients performance extensions. Two awards for $774,941. noted in Table 1.

TABLE 1—RECIPIENTS AND AWARD AMOUNTS

Grant number Award recipient name City, state Extension length Award amount

H80CS31240 ...... First Person Care Clinic ...... Las Vegas, Nevada .... 3 months ...... $196,625 H80CS24175 ...... Family and Medical Counseling Service, Inc. Washington, District of 4 months ...... 578,316 Columbia.

Thomas J. Engels, its format, date, and time. The meeting Thursday, November 5, 2020, from 9:00 Administrator. will now be a one-day webinar and a.m.–5:00 p.m. Eastern Time. conference call held only on Thursday, [FR Doc. 2020–21364 Filed 9–25–20; 8:45 am] Maria G. Button, BILLING CODE 4165–16–P November 5, 2020, from 9:00 a.m.–5:00 p.m. Eastern Time. The webinar link, Director, Executive Secretariat. conference dial-in number, meeting [FR Doc. 2020–21164 Filed 9–25–20; 8:45 am] DEPARTMENT OF HEALTH AND materials, and updates will be available BILLING CODE 4165–15–P HUMAN SERVICES on the NACNHSC website at: https:// nhsc.hrsa.gov/nac/meetings.html. DEPARTMENT OF HEALTH AND Health Resources and Services FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES Administration Diane Fabiyi-King Designated Federal Official, Division of National Health Meeting of the National Advisory National Institutes of Health Service Corps, HRSA. Address: 5600 Council on the National Health Service Fishers Lane, Rockville, Maryland Corps National Institute of Biomedical 20857; phone (301) 443–3609; or Imaging and Bioengineering; Notice of AGENCY: Health Resources and Services [email protected]. Closed Meeting Administration (HRSA), Department of SUPPLEMENTARY INFORMATION: Health and Human Services (HHS). Pursuant to section 10(d) of the Correction Federal Advisory Committee Act, as ACTION: Notice; correction. In the Federal Register of December amended, notice is hereby given of a SUMMARY: The National Advisory 19, 2019, in FR Doc. 2019–27357, in the meeting of the National Institute of Council on the National Health Service second column, correct the DATES Biomedical Imaging and Bioengineering Corps (NACNHSC) meeting scheduled caption to read: Special Emphasis Panel. for Thursday, November 5, 2020, and This meeting will be a one-day The meetings will be closed to the Friday, November 6, 2020, has changed webinar and conference call held on public in accordance with the

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provisions set forth in sections Agenda: To review and evaluate grant Contact Person: Sudha Veeraraghavan, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. Ph.D., Scientific Review Officer, Center for as amended. The grant applications and Place: National Institutes of Health, Scientific Review, National Institutes of the discussions could disclose Rockledge II, 6701 Rockledge Drive, Health, 6701 Rockledge Drive, Bethesda, MD Bethesda, MD 20892 (Virtual Meeting). 20892, (301) 435–1504, confidential trade secrets or commercial Contact Person: Maribeth Champoux, [email protected]. property such as patentable material, Ph.D., BA, MS, Scientific Review Officer, Name of Committee: Endocrinology, and personal information concerning Center for Scientific Review, National Metabolism, Nutrition and Reproductive individuals associated with the grant Institutes of Health, 6701 Rockledge Drive, Sciences Integrated Review Group; applications, the disclosure of which Room 3182, MSC 7848, Bethesda, MD 20892, Pregnancy and Neonatology Study Section. would constitute a clearly unwarranted (301) 594–3163, [email protected]. Date: October 27–28, 2020. invasion of personal privacy. Name of Committee: Population Sciences Time: 10:00 a.m. to 6:00 p.m. and Epidemiology Integrated Review Group; Agenda: To review and evaluate grant Name of Committee: National Institute of Cancer, Heart, and Sleep Epidemiology B applications. Biomedical Imaging and Bioengineering Study Section. Place: National Institutes of Health, Special Emphasis Panel Team-Based Design Date: October 27–28, 2020. Rockledge II, 6701 Rockledge Drive, in Biomedical Engineering Education. Time: 9:00 a.m. to 5:00 p.m. Bethesda, MD 20892 (Virtual Meeting). Date: October 19, 2020. Contact Person: Andrew Maxwell Wolfe, Time: 11:00 a.m. to 05:00 p.m. Agenda: To review and evaluate grant Ph.D., Scientific Review Officer, Center for Agenda: To review and evaluate grant applications. Scientific Review, NIH, 6701, Rockledge Dr., applications. Place: National Institutes of Health, Room 6214, Bethesda, MD 20892, (301) 402– Place: National Institutes of Health, Rockledge II, 6701 Rockledge Drive, 3019, [email protected]. Democracy II, 6707 Democracy Blvd., Bethesda, MD 20892 (Virtual Meeting). Bethesda, MD 20892 (Virtual Meeting). Contact Person: Gianina Ramona Name of Committee: Center for Scientific Contact Person: Ruixia Zhou, Ph.D., Dumitrescu, Ph.D., MPH, Scientific Review Review Special Emphasis Panel; PAR–19– Scientific Review Officer, National Institute Officer, Center for Scientific Review, 367: Maximizing Investigators’ Research of Biomedical Imaging and Bioengineering, National Institutes of Health, 6701 Rockledge Award (R35—Clinical Trial Optional). National Institutes of Health, 6707 Drive, Room 4193–C, Bethesda, MD 28092, Date: October 27, 2020. Democracy Blvd., Suite 957, Bethesda, MD (301) 827–0696, [email protected]. Time: 11:00 a.m. to 1:00 p.m. 20892, (301) 496–4773, [email protected]. Name of Committee: Endocrinology, Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Metabolism, Nutrition and Reproductive applications. Program Nos. 93.866, National Institute of Sciences Integrated Review Group; Place: National Institutes of Health, Biomedical Imaging and Bioengineering, Integrative Physiology of Obesity and Rockledge II, 6701 Rockledge Drive, National Institutes of Health, HHS) Diabetes Study Section. Bethesda, MD 20892 (Virtual Meeting). Date: October 27–28, 2020. Contact Person: Michael Eissenstat, Ph.D., Dated: September 22, 2020. Time: 9:00 a.m. to 7:00 p.m. Scientific Review Officer, BCMB IRG, Center Miguelina Perez, Agenda: To review and evaluate grant for Scientific Review, National Institutes of Program Analyst, Office of Federal Advisory applications. Health, 6701 Rockledge Drive, Room 4166, Committee Policy. Place: National Institutes of Health, MSC 7806, Bethesda, MD 20892, (301) 435– 1722, [email protected]. [FR Doc. 2020–21285 Filed 9–25–20; 8:45 am] Rockledge II, 6701 Rockledge Drive, (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Bethesda, MD 20892 (Virtual Meeting). Contact Person: Raul Rojas, Ph.D., Program Nos. 93.306, Comparative Medicine; Scientific Review Officer, Center for 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6185, 93.846–93.878, 93.892, 93.893, National HUMAN SERVICES MSC, Bethesda, MD 20892, (301) 451–6319, Institutes of Health, HHS) [email protected]. National Institutes of Health Dated: September 22, 2020. Name of Committee: Center for Scientific Miguelina Perez, Review Special Emphasis Panel; PAR19–283: Center for Scientific Review; Notice of Program Analyst, Office of Federal Advisory Closed Meetings Fogarty HIV Research Training Programs in Low- and Middle-Income Country Committee Policy. Pursuant to section 10(d) of the Institutions. [FR Doc. 2020–21283 Filed 9–25–20; 8:45 am] Federal Advisory Committee Act, as Date: October 27, 2020. BILLING CODE 4140–01–P amended, notice is hereby given of the Time: 9:00 a.m. to 6:00 p.m. following meetings. Agenda: To review and evaluate grant The meetings will be closed to the applications. DEPARTMENT OF HEALTH AND Place: National Institutes of Health, HUMAN SERVICES public in accordance with the Rockledge II, 6701 Rockledge Drive, provisions set forth in sections Bethesda, MD 20892 (Virtual Meeting). National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Shalanda A. Bynum, as amended. The grant applications and Ph.D., Scientific Review Officer, Center for National Center for Complementary & the discussions could disclose Scientific Review, National Institutes of Integrative Health; Notice of Closed confidential trade secrets or commercial Health, 6701 Rockledge Drive, Room 3206, Meeting property such as patentable material, MSC 7848, Bethesda, MD 20892, (301) 755– and personal information concerning 4355, [email protected]. Pursuant to section 10(d) of the individuals associated with the grant Name of Committee: Center for Scientific Federal Advisory Committee Act, as applications, the disclosure of which Review Special Emphasis Panel; PAR–19– amended, notice is hereby given of the would constitute a clearly unwarranted 367: Maximizing Investigators’ Research following meeting. Award (R35—Clinical Trial Optional). invasion of personal privacy. The meeting will be closed to the Date: October 27–28, 2020. public in accordance with the Time: 9:00 a.m. to 8:00 p.m. Name of Committee: Biobehavioral and provisions set forth in sections Behavioral Processes Integrated Review Agenda: To review and evaluate grant Group; Cognition and Perception Study applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Section. Place: National Institutes of Health, as amended. The grant applications and Date: October 21–23, 2020. Rockledge II, 6701 Rockledge Drive, the discussions could disclose Time: 10:00 a.m. to 6:00 p.m. Bethesda, MD 20892 (Virtual Meeting). confidential trade secrets or commercial

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property such as patentable material, Contact Person: Samia Noursi, Ph.D., DEPARTMENT OF HEALTH AND and personal information concerning Associate Director, Science Policy, Planning, HUMAN SERVICES individuals associated with the grant and Analysis, Office of Research on Women’s applications, the disclosure of which Health, National Institutes of Health, 6707 National Institutes of Health would constitute a clearly unwarranted Democracy Blvd., Room 402, Bethesda, MD invasion of personal privacy. 20892, (301) 496–9472, samia.noursi@ Center for Scientific Review; Notice of nih.gov. Closed Meetings Name of Committee: National Center for Name of Committee: Advisory Committee Complementary and Integrative Health Pursuant to section 10(d) of the on Research on Women’s Health. Special Emphasis Panel Institutional Federal Advisory Committee Act, as Date: November 2, 2020. Research Training Grants (IT). amended, notice is hereby given of the Date: October 16, 2020. Time: 2:00 p.m. to 3:00 p.m. Agenda: Concept Clearance for Office of following meetings. Time: 12:00 p.m. to 2:00 p.m. The meetings will be closed to the Agenda: To review and evaluate grant Research on Women’s Health (ORWH) applications. Programs. public in accordance with the Place: NCCIH, Two Democracy Plaza, 6707 Place: National Institutes of Health, 6701 provisions set forth in sections Democracy Blvd., Bethesda, MD 20892 Rockledge Drive, Bethesda, MD 20892 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (Virtual Meeting). (Virtual Meeting). as amended. The grant applications and Contact Person: Martina Schmidt, Ph.D., Contact Person: Samia Noursi, Ph.D., the discussions could disclose Chief Office of Scientific Review, National Associate Director Science Policy, Planning, confidential trade secrets or commercial Center for Complementary & Integrative and Analysis, Office of Research on Women’s property such as patentable material, Health, NIH, 6707 Democracy Blvd., Suite Health, National Institutes of Health, 6707 and personal information concerning 401, Bethesda, MD 20892, 301–594–3456, Democracy Blvd., Room 402, Bethesda, MD individuals associated with the grant [email protected]. 20892, (301) 496–9472, samia.noursi@ applications, the disclosure of which (Catalogue of Federal Domestic Assistance nih.gov. would constitute a clearly unwarranted Program Nos. 93.213, Research and Training Any member of the public interested in in Complementary and Alternative Medicine, invasion of personal privacy. presenting oral comments to the committee National Institutes of Health, HHS) Name of Committee: Center for Scientific may notify the Contact Person listed on this Review Special Emphasis Panel; Asthma and Dated: September 23, 2020. notice at least 10 days in advance of the Pulmonary Conditions. Ronald J. Livingston, Jr., meetings. Interested individuals and Date: October 20, 2020. Program Analyst, Office of Federal Advisory representatives of organizations may submit Time: 10:00 a.m. to 4:00 p.m. Committee Policy. a letter of intent, a brief description of the Agenda: To review and evaluate grant [FR Doc. 2020–21362 Filed 9–25–20; 8:45 am] organization represented, and a short applications. BILLING CODE 4140–01–P description of the oral presentation. Only one Place: National Institutes of Health, representative of an organization may be Rockledge II, 6701 Rockledge Drive, allowed to present oral comments and if Bethesda, MD 20892 (Virtual Meeting). DEPARTMENT OF HEALTH AND accepted by the committee, presentations Contact Person: Karen Nieves Lugo, Ph.D., Scientific Review Officer, Center for HUMAN SERVICES may be limited to five minutes. Both printed and electronic copies are requested for the Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Rm. 3148, National Institutes of Health record. In addition, any interested person may file written comments with the MSC 7770, Bethesda, MD 20892, (301) 594– 9088, [email protected]. Office of the Director, National committee by forwarding their statement to Institutes of Health; Notice of Meetings the Contact Person listed on this notice. The Name of Committee: Population Sciences statement should include the name, address, and Epidemiology Integrated Review Group; Pursuant to section 10(a) of the telephone number and when applicable, the Biostatistical Methods and Research Design Federal Advisory Committee Act, as business or professional affiliation of the Study Section. amended, notice is hereby given of interested person. Date: October 21–23, 2020. Time: 9:30 a.m. to 2:00 p.m. meetings of the Advisory Committee on Information is also available on the Agenda: To review and evaluate grant Institute’s/Center’s home page: https:// Research on Women’s Health. applications. The meeting will be held as a virtual orwh.od.nih.gov/, where an agenda and any Place: National Institutes of Health, meeting and open to the public. additional information for the meeting will Rockledge II, 6701 Rockledge Drive, Individuals who plan to view the virtual be posted when available. Bethesda, MD 20892 (Virtual Meeting). meeting and need special assistance or (Catalogue of Federal Domestic Assistance Contact Person: Victoriya Volkova, other reasonable accommodations to Program Nos. 93.14, Intramural Research Scientific Review Officer, Center for view the meeting, should notify the Training Award; 93.22, Clinical Research Scientific Review, National Institutes of Contact Person listed below in advance Loan Repayment Program for Individuals Health, 6701 Rockledge Drive, Room 3140 of the meeting. The meeting will be from Disadvantaged Backgrounds; 93.232, Bethesda, MD 20892, (301) 594–7781, [email protected]. videocast and can be accessed from the Loan Repayment Program for Research NIH Videocasting and Podcasting Generally; 93.39, Academic Research Name of Committee: Brain Disorders and Clinical Neuroscience Integrated Review website (http://videocast.nih.gov/). Enhancement Award; 93.936, NIH Acquired Immunodeficiency Syndrome Research Loan Group; Chronic Dysfunction and Integrative Name of Committee: Advisory Committee Repayment Program; 93.187, Undergraduate Neurodegeneration Study Section. on Research on Women’s Health. Scholarship Program for Individuals from Date: October 22–23, 2020. Date: October 20, 2020. Disadvantaged Backgrounds, National Time: 9:00 a.m. to 7:00 p.m. Time: 9:30 a.m. to 4:00 p.m. Institutes of Health, HHS) Agenda: To review and evaluate grant Agenda: Director’s Report, Discussions on applications. COVID–19 and the Health of Women, Dated: September 22, 2020. Place: National Institutes of Health, Presentation from Director of National Center Miguelina Perez, Rockledge II, 6701 Rockledge Drive, for Complementary and Integrative Health Bethesda, MD 20892 (Virtual Meeting). Program Analyst, Office of Federal Advisory (NCCIH). Contact Person: Jenny R. Browning, Ph.D., Committee Policy. Place: National Institutes of Health, 6701 Scientific Review Officer, Center for Rockledge Drive, Bethesda, MD 20892 [FR Doc. 2020–21281 Filed 9–25–20; 8:45 am] Scientific Review, National Institutes of (Virtual Meeting). BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Rm. 5207,

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Bethesda, MD 20892, (301) 402–8197, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6152, [email protected]. applications. MSC 7804 Bethesda, MD 20892, (301) 357– Name of Committee: Healthcare Delivery Place: National Institutes of Health, 9318, [email protected]. and Methodologies Integrated Review Group; Rockledge II, 6701 Rockledge Drive, Name of Committee: Center for Scientific Nursing and Related Clinical Sciences Study Bethesda, MD 20892 (Virtual Meeting). Review Special Emphasis Panel; RM20–019: Section. Contact Person: Luis Dettin, Ph.D., Pilot Projects Understudied G Protein- Date: October 26–27, 2020. Scientific Review Officer, Center for Coupled Receptors, Ion Channels, and Time: 8:30 a.m. to 6:00 p.m. Scientific Review, National Institutes of Protein Kinases. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 2208 Date: October 26–27, 2020. applications. Bethesda, MD 20892, (301) 451–1327, Time: 10:00 a.m. to 9:00 p.m. Place: National Institutes of Health, [email protected]. Agenda: To review and evaluate grant Rockledge II, 6701 Rockledge Drive, Name of Committee: Oncology 2— applications. Bethesda, MD 20892 (Virtual Meeting). Translational Clinical Integrated Review Place: National Institutes of Health, Contact Person: Seetha Bhagavan, Ph.D., Group; Mechanisms of Cancer Rockledge II, 6701 Rockledge Drive, Scientific Review Officer, Center for Therapeutics—2 Study Section. Bethesda, MD 20892 (Virtual Meeting). Scientific Review, National Institutes of Date: October 26–27, 2020. Contact Person: Sergei Ruvinov, Ph.D., Health, 6701 Rockledge Drive, Room 5194, Time: 9:00 a.m. to 7:00 p.m. Scientific Review Officer, Center for MSC 7846 Bethesda, MD 20892, (301) 237– Agenda: To review and evaluate grant Scientific Review, National Institutes of 9838, [email protected]. applications. Health, 6701 Rockledge Drive, Room 4158, Name of Committee: Center for Scientific Place: National Institutes of Health, MSC 7806 Bethesda, MD 20892, (301) 435– Review Special Emphasis Panel; PAR Panel: Rockledge II, 6701 Rockledge Drive, 1180, [email protected]. Academic Industrial Partnerships for Bethesda, MD 20892 (Virtual Meeting). (Catalogue of Federal Domestic Assistance Translation of Medical Technologies. Contact Person: Careen K. Tang-Toth, Program Nos. 93.306, Comparative Medicine; Date: October 26–27, 2020. Ph.D., Scientific Review Officer, Center for 93.333, Clinical Research, 93.306, 93.333, Time: 8:30 a.m. to 5:00 p.m. Scientific Review, National Institutes of 93.337, 93.393–93.396, 93.837–93.844, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6214, 93.846–93.878, 93.892, 93.893, National applications. MSC 7804 Bethesda, MD 20892, (301) 435– Institutes of Health, HHS) Place: National Institutes of Health, 3504, [email protected]. Dated: September 22, 2020. Rockledge II, 6701 Rockledge Drive, Name of Committee: Oncology 1—Basic Bethesda, MD 20892 (Virtual Meeting). Translational Integrated Review Group; Miguelina Perez, Contact Person: Guo Feng Xu, Ph.D., Cancer Molecular Pathobiology Study Program Analyst, Office of Federal Advisory Scientific Review Officer, Center for Section. Committee Policy. Scientific Review, National Institutes of Date: October 26–27, 2020. [FR Doc. 2020–21282 Filed 9–25–20; 8:45 am] Health, 6701 Rockledge Drive, Room 5122, Time: 9:00 a.m. to 6:00 p.m. BILLING CODE 4140–01–P MSC 7854 Bethesda, MD 20892, (301) 237– Agenda: To review and evaluate grant 9870, [email protected]. applications. Name of Committee: Oncology 2— Place: National Institutes of Health, DEPARTMENT OF HEALTH AND Translational Clinical Integrated Review Rockledge II, 6701 Rockledge Drive, HUMAN SERVICES Group; Clinical Oncology Study Section. Bethesda, MD 20892 (Virtual Meeting). Date: October 26–27, 2020. Contact Person: Manzoor Zarger, Ph.D., National Institutes of Health Time: 9:00 a.m. to 6:00 p.m. Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of National Institute on Aging; Notice of applications. Health, 6701 Rockledge Drive, Room 6208, Place: National Institutes of Health, MSC 7804, Bethesda, MD 20892, (301) 435– Closed Meeting Rockledge II, 6701 Rockledge Drive, 2477, [email protected]. Pursuant to section 10(d) of the Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Oncology 2— Federal Advisory Committee Act, as Contact Person: Malaya Chatterjee, Ph.D., Translational Clinical Integrated Review amended, notice is hereby given of the Scientific Review Officer, Center for Group; Developmental Therapeutics Study Scientific Review, National Institutes of following meeting. Section. The meeting will be closed to the Health, 6701 Rockledge Drive, Room 6192, Date: October 26–27, 2020. MSC 7804, Bethesda, MD 20892, (301) 806– Time: 9:30 a.m. to 5:00 p.m. public in accordance with the 2515, [email protected]. Agenda: To review and evaluate grant provisions set forth in sections Name of Committee: Center for Scientific applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Special Emphasis Panel; Place: National Institutes of Health, as amended. The grant applications and Fellowships: Risks, Prevention and Health Rockledge II, 6701 Rockledge Drive, the discussions could disclose Behavior. Bethesda, MD 20892 (Virtual Meeting). confidential trade secrets or commercial Date: October 26–27, 2020. Contact Person: Nicholas J. Donato, Ph.D., property such as patentable material, Time: 9:00 a.m. to 5:00 p.m. Scientific Review Officer, Center for and personal information concerning Agenda: To review and evaluate grant Scientific Review, National Institutes of individuals associated with the grant applications. Health, 6701 Rockledge Drive, Room 4040, Place: National Institutes of Health, Bethesda, MD 20892, (301) 827–4810, applications, the disclosure of which Rockledge II, 6701 Rockledge Drive, [email protected]. would constitute a clearly unwarranted Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Oncology 2— invasion of personal privacy. Contact Person: Martha M. Faraday, Ph.D., Translational Clinical Integrated Review Name of Committee: National Institute on Scientific Review Officer, Center for Group; Cancer Biomarkers Study Section. Aging Special Emphasis Panel; Biomarkers Scientific Review, National Institutes of Date: October 26–27, 2020. for AD. Health, 6701 Rockledge Drive, Room 3110, Time: 9:30 a.m. to 7:00 p.m. Date: November 3, 2020 MSC 7808, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Time: 11:30 a.m. to 4:00 p.m. 3575, [email protected]. applications. Agenda: To review and evaluate grant Name of Committee: Genes, Genomes, and Place: National Institutes of Health, applications. Genetics Integrated Review Group; Rockledge II, 6701 Rockledge Drive, Place: National Institute on Aging, Prokaryotic Cell and Molecular Biology Bethesda, MD 20892 (Virtual Meeting). Gateway Building, 7201 Wisconsin Avenue, Study Section. Contact Person: Lawrence Ka-Yun Ng, Bethesda, MD 20892 (Video Meeting). Date: October 26, 2020. Ph.D., Scientific Review Officer, Center for Contact Person: Maurizio Grimaldi, MD, Time: 9:00 a.m. to 7:00 p.m. Scientific Review, National Institutes of Ph.D., Scientific Review Officer, Scientific

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Review Branch, National Institute on Aging, coordinated approach by federal 1. Prevent New Viral Hepatitis National Institutes of Health, 7201 Wisconsin partners in collaboration with state and Infections Avenue, Gateway Building, Suite 2W200, local health departments, tribal 2. Improve Viral Hepatitis—Related Bethesda, MD 20892, (301) 496–9374, communities, community-based Health Outcomes of People with [email protected]. organizations, and other nonfederal Viral Hepatitis (Catalogue of Federal Domestic Assistance partners and stakeholders. 3. Reduce Viral Hepatitis—Related Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) To spur action to reduce new viral Disparities and Health Inequities hepatitis infections and their adverse 4. Improve Viral Hepatitis Surveillance Dated: September 22, 2020. public health impact, OASH through and Data Usage Miguelina Perez, OIDP, in collaboration with federal 5. Achieve Integrated, Coordinated Program Analyst, Office of Federal Advisory partners throughout HHS and other Efforts That Address the Viral Committee Policy. departments, led and coordinated Hepatitis Epidemics among All [FR Doc. 2020–21284 Filed 9–25–20; 8:45 am] development of the Hepatitis Plan. Partners and Stakeholders BILLING CODE 4140–01–P Opportunities for public input were A roadmap for stakeholders at all levels provided, and public comments and sectors, the Hepatitis Plan envisions received were reviewed and analyzed a whole-of-nation response to DEPARTMENT OF HEALTH AND and helped inform the components of preventing and controlling viral HUMAN SERVICES the Hepatitis Plan. hepatitis in the United States. The The Hepatitis Plan focuses on Request for Information: Viral Hepatitis Hepatitis Plan assumes the active hepatitis A, hepatitis B, and hepatitis participation of state, local, and tribal National Strategic Plan 2021–2025 C—the hepatitis viruses that most Available for Public Comment health departments and organizations, significantly affect the health of the health plans and health care providers, AGENCY: Office of the Secretary, nation. It is an elimination plan, with schools and other academic institutions, Department of Health and Human the overarching goal of eliminating viral community- and faith-based Services. hepatitis as a public health threat in the organizations, scientists, researchers, United States by 2030. The Hepatitis ACTION: Notice. and the public in this effort. The Plan is intended to serve as a roadmap priority populations, indicators, and SUMMARY: The Department of Health and for all stakeholders at all levels to quantitative targets, especially the Human Services (HHS) Office of eliminate hepatitis in this nation. The methods used to determine them, are Infectious Disease and HIV/AIDS Policy Hepatitis Plan presents a strategic intended to help focus efforts and (OIDP) in the Office of the Assistant framework for integrating and limited resources to realize the most Secretary for Health (OASH) announces leveraging synergistic policies, impact. Stakeholders are encouraged to programs, and resources. It sets forth a the draft Viral Hepatitis National focus on activities that resonate the vision and five goals for the nation, with Strategic Plan: A Roadmap to most with the needs of the populations objectives and strategies for each goal. Elimination (2021–2025) (Hepatitis they serve and services they provide, The objectives and strategies offered in Plan) available for public comment. The and, using the Hepatitis Plan as a this plan are interrelated and may be draft Hepatitis Plan may be reviewed at framework, develop their own plans to used to make progress toward more than www.hhs.gov/hepatitis. eliminate viral hepatitis and improve one goal. The Hepatitis Plan identifies DATES: All comments must be received the health of their communities, states, disproportionately impacted by 5:00 p.m. ET on October 8, 2020 to tribal nations, and the nation. ensure consideration. populations based on national hepatitis incidence, prevalence, and mortality Information Needs ADDRESSES: All comments must be data, to help federal and other submitted electronically to The draft Hepatitis Plan may be stakeholders focus their efforts to realize [email protected]. reviewed at: www.hhs.gov/hepatitis. the greatest impact. The Hepatitis Plan FOR FURTHER INFORMATION CONTACT: OIDP seeks to obtain feedback from also includes indicators to measure external stakeholders on the following: Carol Jimenez, OIDP, Carol.Jimenez@ progress and quantitative targets for hhs.gov. 202–401–5131. 1. Do the draft plan’s goals, objectives, each indicator. Although it is a 5-year and strategies appropriately address the SUPPLEMENTARY INFORMATION: Viral plan, it sets 10-year quantitative targets viral hepatitis epidemics? hepatitis is a significant public health for each indicator—reflecting the reality threat that puts people who are infected 2. Are there any critical gaps in the that it will take more than 5 years to Hepatitis Plan’s goals, objectives, and at increased risk for serious disease and eliminate viral hepatitis as a public death. In the United States, new strategies? If so, please specify the gaps. health threat. The order in which the 3. Do any of the Hepatitis Plan’s goals, hepatitis A and hepatitis C infections goals, objectives, strategies, and objectives and strategies cause concern? have increased dramatically in recent indicators are presented is not If so, please specify the goal, objective years, little progress has been made on associated with any prioritization. The or strategy, and describe the concern preventing hepatitis B infections, and, following are the Hepatitis Plan’s vision regarding it. as of 2016, an estimated 3.3 million and goals. Vision: The United States Each commenter is limited to a people were chronically infected with will be a place where new viral hepatitis maximum of seven pages. hepatitis B and hepatitis C.1–3 infections are prevented, every person Collectively, viral hepatitis costs people, knows their status, and every person Authority: 77 FR 15761 (March 16, 2012). health systems, states, and the federal with viral hepatitis has high-quality Dated: September 22, 2020. government billions of dollars each health care and treatment and lives free B. Kaye Hayes, 45 year and contributes to substantial from stigma and discrimination. This Acting Director, Office of Infectious Disease health disparities, stigma, and vision includes all people, regardless of and HIV/AIDS Policy. discrimination. Reversing the rates of age, sex, gender identity, sexual viral hepatitis, preventing new orientation, race, ethnicity, geographic Footnotes infections, and improving care and location, or socioeconomic 1. Centers for Disease Control and treatment require a strategic and circumstance. Goals: Prevention. Viral Hepatitis Surveillance—

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United States, 2018. U.S. Department of reflect these flood hazard this notice. However, the online Health and Human Services; 2020. Accessed determinations through issuance of a location and local community map August 9, 2020. https://www.cdc.gov/ Letter of Map Revision (LOMR), in repository address where the flood hepatitis/statistics/2018surveillance/ accordance with Federal Regulations. hazard determination information is index.htm. 2. Hofmeister MG, Rosenthal EM, Barker The LOMR will be used by insurance available for inspection is provided. LK, et al. Estimating prevalence of hepatitis agents and others to calculate Any request for reconsideration of C virus infection in the United States, 2013– appropriate flood insurance premium flood hazard determinations must be 2016. Hepatology. 2019 Mar;69(3):1020– rates for new buildings and the contents submitted to the Chief Executive Officer 1031. doi: 10.1002/hep.30297. of those buildings. For rating purposes, of the community as listed in the table 3. LeFevre ML. Screening for hepatitis B the currently effective community below. virus infection in nonpregnant adolescents number is shown in the table below and and adults: US Preventive Services Task must be used for all new policies and The modifications are made pursuant Force recommendation statement. Annals renewals. to section 201 of the Flood Disaster Internal Med. 2014;161(1):58–66. Protection Act of 1973, 42 U.S.C. 4105, 4. Morey RJ, Collier MG, Nelson NP. The DATES: These flood hazard and are in accordance with the National financial burden of public health responses determinations will be finalized on the Flood Insurance Act of 1968, 42 U.S.C. to hepatitis A cases among food handlers, dates listed in the table below and 4001 et seq., and with 44 CFR part 65. 2012–2014. Public Health Rep. revise the FIRM panels and FIS report 2017;132(4):443–447. doi:10.1177/ in effect prior to this determination for The FIRM and FIS report are the basis 0033354917710947. the listed communities. of the floodplain management measures 5. Wittenborn J, Brady J, Dougherty M, From the date of the second that the community is required either to Rein D. Potential epidemiologic, economic, adopt or to show evidence of having in and budgetary impacts of current rates of publication of notification of these changes in a newspaper of local effect in order to qualify or remain hepatitis C treatment in Medicare and non- qualified for participation in the Medicare populations. Hepatol Commun. circulation, any person has 90 days in 2017;1(2):99–109. doi:10.1002/hep4.1031. which to request through the National Flood Insurance Program (NFIP). [FR Doc. 2020–21288 Filed 9–25–20; 8:45 am] community that the Deputy Associate These flood hazard determinations, BILLING CODE 4150–43–P Administrator for Insurance and Mitigation reconsider the changes. The together with the floodplain flood hazard determination information management criteria required by 44 CFR 60.3, are the minimum that are required. DEPARTMENT OF HOMELAND may be changed during the 90-day They should not be construed to mean SECURITY period. ADDRESSES: The affected communities that the community must change any Federal Emergency Management are listed in the table below. Revised existing ordinances that are more Agency flood hazard information for each stringent in their floodplain community is available for inspection at management requirements. The [Docket ID FEMA–2020–0002; Internal community may at any time enact Agency Docket No. FEMA–B–2056] both the online location and the respective community map repository stricter requirements of its own or Changes in Flood Hazard address listed in the table below. pursuant to policies established by other Determinations Additionally, the current effective FIRM Federal, State, or regional entities. The and FIS report for each community are flood hazard determinations are in AGENCY: Federal Emergency accessible online through the FEMA accordance with 44 CFR 65.4. Management Agency, DHS. Map Service Center at https:// The affected communities are listed in ACTION: Notice. msc.fema.gov for comparison. the following table. Flood hazard Submit comments and/or appeals to determination information for each SUMMARY: This notice lists communities community is available for inspection at where the addition or modification of the Chief Executive Officer of the both the online location and the Base Flood Elevations (BFEs), base flood community as listed in the table below. respective community map repository depths, Special Flood Hazard Area FOR FURTHER INFORMATION CONTACT: Rick address listed in the table below. (SFHA) boundaries or zone Sacbibit, Chief, Engineering Services Additionally, the current effective FIRM designations, or the regulatory floodway Branch, Federal Insurance and and FIS report for each community are (hereinafter referred to as flood hazard Mitigation Administration, FEMA, 400 accessible online through the FEMA determinations), as shown on the Flood C Street SW, Washington, DC 20472, Map Service Center at https:// Insurance Rate Maps (FIRMs), and (202) 646–7659, or (email) msc.fema.gov for comparison. where applicable, in the supporting [email protected]; or visit Flood Insurance Study (FIS) reports, the FEMA Mapping and Insurance (Catalog of Federal Domestic Assistance No. prepared by the Federal Emergency eXchange (FMIX) online at https:// 97.022, ‘‘Flood Insurance.’’) www.floodmaps.fema.gov/fhm/fmx_ Management Agency (FEMA) for each Michael M. Grimm, main.html. community, is appropriate because of Assistant Administrator for Risk new scientific or technical data. The SUPPLEMENTARY INFORMATION: The Management, Department of Homeland FIRM, and where applicable, portions of specific flood hazard determinations are Security, Federal Emergency Management the FIS report, have been revised to not described for each community in Agency.

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

Alaska: Valdez- City of Valdez The Honorable Jeremy City Hall, 212 Chenega https://msc.fema.gov/portal/ Nov. 13, 2020 .... 020094 Cordova Census (19–10– O’Neil, Mayor, City of Avenue, Valdez, AK advanceSearch. Area. 0070P). Valdez, P.O. Box 307, 99686. Valdez, AK 99686. Arizona:

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

Maricopa ...... City of Buckeye The Honorable Jackie A. Engineering Department, https://msc.fema.gov/portal/ Nov. 20, 2020 .... 040039 (20–09– Meck, Mayor, City of 530 East Monroe Ave- advanceSearch. 0463P). Buckeye, 530 East nue, Buckeye, AZ Monroe Avenue, Buck- 85326. eye, AZ 85326. Maricopa ...... City of Chandler The Honorable Kevin Transportation & Develop- https://msc.fema.gov/portal/ Dec. 11, 2020 .... 040040 (20–09– Hartke, Mayor, City of ment Department, 215 advanceSearch. 0945P). Chandler, P.O. Box East Buffalo Street, 4008, Chandler, AZ Chandler, AZ 85225. 85244. Maricopa ...... City of Goodyear The Honorable Georgia Engineering and Develop- https://msc.fema.gov/portal/ Dec. 11, 2020 .... 040046 (20–09– Lord, Mayor, City of ment Services, 14455 advanceSearch. 1530P). Goodyear, 190 North West Van Buren Street, Litchfield Road, Good- Suite D101, Goodyear, year, AZ 85338. AZ 85338. Maricopa ...... City of Litchfield The Honorable Thomas L. City Hall, 214 West Wig- https://msc.fema.gov/portal/ Oct. 20, 2020 ..... 040128 Park (20–09– Schoaf, Mayor, City of wam Boulevard, advanceSearch. 0240P). Litchfield Park, 214 Litchfield Park, AZ West Wigwam Boule- 85340. vard, Litchfield Park, AZ 85340. Maricopa ...... Unincorporated The Honorable Clint L. Flood Control District of https://msc.fema.gov/portal/ Dec. 11, 2020 .... 040037 Areas of Mari- Hickman, Chairman, Maricopa County, 2801 advanceSearch. copa County Board of Supervisors, West Durango Street, (19–09– Maricopa County, 301 Phoenix, AZ 85009. 2188P). West Jefferson Street, 10th Floor, Phoenix, AZ 85003. Pima ...... Town of Marana The Honorable Ed Honea, Engineering Department, https://msc.fema.gov/portal/ Sep. 24, 2020 .... 040118 (19–09– Mayor, Town of Marana Municipal Com- advanceSearch. 1247P). Marana, 11555 West plex, 11555 West Civic Civic Center Drive, Center Drive, Marana, Marana, AZ 85653. AZ 85653. Pima ...... Town of Marana The Honorable Ed Honea, Engineering Department, https://msc.fema.gov/portal/ Sep. 18, 2020 .... 040118 (20–09– Mayor, Town of Marana Municipal Com- advanceSearch. 0618P). Marana, 11555 West plex, 11555 West Civic Civic Center Drive, Center Drive, Marana, Marana, AZ 85653. AZ 85653. Pima ...... Town of Oro Val- The Honorable Joseph Planning and Zoning De- https://msc.fema.gov/portal/ Nov. 19, 2020 .... 040109 ley (20–09– Winfield, Mayor, Town partment, 11000 North advanceSearch. 1126P). of Oro Valley, 11000 La Canada Drive, Oro North La Canada Drive, Valley, AZ 85737. Town of Oro Valley, AZ 85737. Pima ...... Unincorporated The Honorable Ramo´n Pima County Flood Con- https://msc.fema.gov/portal/ Nov. 3, 2020 ...... 040073 Areas of Pima Valdez, Chairman, trol District, 201 North advanceSearch. County (20– Board of Supervisors, Stone Avenue, 9th 09–0478P). Pima County, 130 West Floor, Tucson, AZ Congress Street, 11th 85701. Floor, Tucson, AZ 85701. California: Fresno ...... City of Clovis The Honorable Drew City Clerk’s Office, Civic https://msc.fema.gov/portal/ Dec. 14, 2020 .... 060044 (20–09– Bessinger, Mayor, City Center, 1033 5th Street, advanceSearch. 0450P). of Clovis, 1033 5th Clovis, CA 93612. Street, Clovis, CA 93612. Imperial ...... Unincorporated The Honorable Luis A. Imperial County, Public https://msc.fema.gov/portal/ Nov. 18, 2020 .... 060065 Areas of Impe- Plancarte, Chairman, Works Department, 155 advanceSearch. rial County Board of Supervisors, South 11th Street, El (20–09– Imperial County, 940 Centro, CA 92243. 0728P). West Main Street, Suite 209, El Centro, CA 92243. Los Angeles ... City of Santa The Honorable Cameron City Hall, Planning De- https://msc.fema.gov/portal/ Sep. 23, 2020 .... 060729 Clarita (20–09– Smyth, Mayor, City of partment, 23920 Valen- advanceSearch. 0137P). Santa Clarita, 23920 cia Boulevard, Suite Valencia Boulevard, 300, Santa Clarita, CA Suite 300, Santa 91355. Clarita, CA 91355. Placer ...... City of Roseville The Honorable John B. Engineering Department, https://msc.fema.gov/portal/ Nov. 23, 2020 .... 060243 (20–09– Allard II, Mayor, City of 316 Vernon Street, advanceSearch. 0505P). Roseville, 311 Vernon Roseville, CA 95678. Street, Roseville, CA 95678. Santa Barbara City of Santa The Honorable Cathy Community Development https://msc.fema.gov/portal/ Dec. 8, 2020 ...... 060335 Barbara (19– Murillo, Mayor, City of Department, Building advanceSearch. 09–2341P). Santa Barbara, 735 and Safety Division, Anacapa Street, Santa 630 Garden Street, Barbara, CA 93101. Santa Barbara, CA 93101.

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

Santa Barbara Unincorporated The Honorable Gregg Santa Barbara County https://msc.fema.gov/portal/ Dec. 8, 2020 ...... 060331 Areas of Santa Hart, Chairman, Board Public Works, Water advanceSearch. Barbara Coun- of Supervisors, Santa Resources Division, ty (19–09– Barbara County, 105 130 East Victoria 2341P). East Anapamu Street, Street, Suite 200, Santa 4th Floor, Santa Bar- Barbara, CA 93101. bara, CA 93101. Santa Clara .... City of Sunnyvale The Honorable Larry Public Works Department, https://msc.fema.gov/portal/ Nov. 18, 2020 .... 060352 (20–09– Klein, Mayor, City of 456 West Olive Ave- advanceSearch. 0849P). Sunnyvale, 456 West nue, Sunnyvale, CA Olive Avenue, Sunny- 94086. vale, CA 94086. Florida: St. Johns .. Unincorporated The Honorable Jeb S. St. Johns Administration https://msc.fema.gov/portal/ Nov. 20, 2020 .... 125147 Areas of St. Smith, Chair, St. Johns Building, 4020 Lewis advanceSearch. Johns County County Board of Com- Speedway, St. Augus- (20–04– missioners, 500 San tine, FL 32084. 1346P). Sebastian View, St. Au- gustine, FL 32084. Idaho: Ada ...... Unincorporated Ms. Kendra Kenyon, Ada County Courthouse, https://msc.fema.gov/portal/ Nov. 23, 2020 .... 160001 Areas of Ada Chair, Ada County 200 West Front Street, advanceSearch. County (20– Board of Commis- Boise, ID 83702. 10–0791P). sioners, Ada County Courthouse, 200 West Front Street, 3rd Floor, Boise, ID 83702. Illinois: Champaign ..... City of Cham- The Honorable Deborah City Hall, 102 North Neil https://msc.fema.gov/portal/ Nov. 12, 2020 .... 170026 paign (18–05– Frank Feinen, Mayor, Street, Champaign, IL advanceSearch. 1977P). City of Champaign, 102 61820. North Neil Street, Champaign, IL 61820. DuPage ...... City of Naperville The Honorable Steve Municipal Center, 400 https://msc.fema.gov/portal/ Dec. 17, 2020 .... 170213 (20–05– Chirico, Mayor, City of South Eagle Street, advanceSearch. 2895P). Naperville, Municipal Naperville, IL 60540. Center, 400 South Eagle Street, Naperville, IL 60540. Will ...... City of Lockport The Honorable Steven Public Works and Engi- https://msc.fema.gov/portal/ Dec. 21, 2020 .... 170703 (19–05– Streit, Mayor, City of neering, 17112 South advanceSearch. 1153P). Lockport, 222 East 9th Prime Boulevard, Lock- Street, Lockport, IL port, IL 60441. 60441. Will ...... Unincorporated Denise E. Winfrey, Coun- Land Use Department, 58 https://msc.fema.gov/portal/ Dec. 21, 2020 .... 170695 Areas of Will ty Executive, Will Coun- East Clinton Street, advanceSearch. County (19– ty, Will County Office Suite 100, Joliet, IL 05–1153P). Building, 302 North Chi- 60432. cago Street, Joliet, IL 60432. Indiana: Allen ...... City of Fort The Honorable Tom Department of Planning https://msc.fema.gov/portal/ Nov. 24, 2020 .... 180003 Wayne (20– Henry, Mayor, City of Services, 200 East advanceSearch. 05–2353P). Fort Wayne, 200 East Berry Street, Suite 150, Berry Street, Suite 420, Fort Wayne, IN 46802. Fort Wayne, IN 46802. Allen ...... Unincorporated Mr. Nelson Peters, District Allen County, Department https://msc.fema.gov/portal/ Nov. 24, 2020 .... 180302 Areas of Allen 1 Commissioner, Allen of Planning Services, advanceSearch. County (20– County Citizens 200 East Berry Street, 05–2353P). Square, 200 East Berry Suite 150, Fort Wayne, Street, Suite 410, Fort IN 46802. Wayne, IN 46802. Iowa: Dallas ...... City of Waukee The Honorable Courtney City Hall, 230 West Hick- https://msc.fema.gov/portal/ Jan. 4, 2021 ...... 190678 (20–07– Clarke, Mayor, City of man Road, Waukee, IA advanceSearch. 0452P). Waukee, 230 West 50263. Hickman Road, Waukee, IA 50263. Kansas: Johnson .. City of Shawnee The Honorable Michelle City Hall, 11110 Johnson https://msc.fema.gov/portal/ Dec. 23, 2020 .... 200177 (20–07– Distler, Mayor, City of Drive, Shawnee, KS advanceSearch. 0477P). Shawnee, City Hall, 66203. 11110 Johnson Drive, Shawnee, KS 66203. Michigan: Macomb City of Sterling The Honorable Michael City Hall, 40555 Utica https://msc.fema.gov/portal/ Nov. 9, 2020 ...... 260128 Heights (20– Taylor, Mayor, City of Road, Sterling Heights, advanceSearch. 05–1130P). Sterling Heights, City MI 48313. Hall, 40555 Utica Road, Sterling Heights, MI 48311. Minnesota: Nobles City of Wor- The Honorable Mike City Hall, 303 9th Street, https://msc.fema.gov/portal/ Dec. 31, 2020 .... 270321 thington (20– Kuhle, Mayor, City of Worthington, MN advanceSearch. 05–0776P). Worthington, 303 9th 56187. Street, Worthington, MN 56187.

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

Nebraska: Saline ... City of Wilber The Honorable Roger City Hall, 101 West 3rd, https://msc.fema.gov/portal/ Dec. 10, 2020 .... 310189 (20–07– Chrans, Mayor, City of Wilber, NE 68465. advanceSearch. 1032P). Wilber, P.O. Box 486, Wilber, NE 68465. Nevada: Carson City .... City of Carson The Honorable Robert L. Building Division, Permit https://msc.fema.gov/portal/ Dec. 17, 2020 .... 320001 City (20–09– Crowell, Mayor, City of Center, 108 East Proc- advanceSearch. 1420X). Carson City, City Hall, tor Street, Carson City, 201 North Carson NV 89701. Street, Suite 2, Carson City, NV 89701. Clark ...... City of North Las The Honorable John J. Public Works Department, https://msc.fema.gov/portal/ Dec. 15, 2020 .... 320007 Vegas (20–09– Lee, Mayor, City of 2250 Las Vegas Boule- advanceSearch. 0781P). North Las Vegas, 2250 vard North, Suite 200, Las Vegas Boulevard North Las Vegas, NV North, North Las 89030. Vegas, NV 89030. Lyon ...... Unincorporated The Honorable Vida Kel- Lyon County Planning Di- https://msc.fema.gov/portal/ Nov. 19, 2020 .... 320029 Areas of Lyon ler, Chair, Board of vision, 27 South Main advanceSearch. County (20– Commissioners, Lyon Street, Yerington, NV 09–1267P). County, P.O. Box 201, 89447. Silver Springs, NV 89429. New York: Town of La- The Honorable Alan Bell, Town Hall, 120 Stringham https://msc.fema.gov/portal/ Dec. 30, 2020 .... 361011 Dutchess. Grange (19– Supervisor, Town of La- Road, LaGrangeville, advanceSearch. 02–0952P). Grange, 120 Stringham NY 12540. Road, LaGrangeville, NY 12540. Ohio: Fairfield ...... Unincorporated The Honorable Dave L. Fairfield County Regional https://msc.fema.gov/portal/ Nov. 25, 2020 .... 390158 Areas of Fair- Levacy, Fairfield County Planning Commission, advanceSearch. field County Commissioner, 210 210 East Main Street, (20–05– East Main Street, Room Room 104, Lancaster, 2573P). 301, Lancaster, OH OH 43130. 43130. Fairfield ...... Unincorporated The Honorable Dave L. Fairfield County Regional https://msc.fema.gov/portal/ Nov. 25, 2020 .... 390158 Areas of Fair- Levacy, Fairfield County Planning Commission, advanceSearch. field County Commissioner, 210 210 East Main Street, (20–05– East Main Street, Room Room 104, Lancaster, 2574P). 301, Lancaster, OH OH 43130. 43130. Oregon: City of Happy The Honorable Tom Ellis, City Hall, 12915 South- https://msc.fema.gov/portal/ Nov. 12, 2020 .... 410026 Clackamas. Valley (20–10– Mayor, City of Happy east King Road, Happy advanceSearch. 0119P). Valley, 16000 South- Valley, OR 97086. east Misty Drive, Happy Valley, OR 97086. Texas: Collin ...... Town of Prosper The Honorable Ray Town Hall, 250 West 1st https://msc.fema.gov/portal/ Dec. 23, 2020 .... 480141 (20–06– Smith, Mayor, Town of Street, Prosper, TX advanceSearch. 0402P). Prosper, P.O. Box 307, 75078. Prosper, TX 75078. Collin and Dal- City of Dallas The Honorable Eric John- Trinity Watersheed Man- https://msc.fema.gov/portal/ Dec. 11, 2020 .... 480171 las. (20–06– son, Mayor, City of Dal- agement Department/ advanceSearch. 1079P). las, City Hall, 1500 Floodplain and Drain- Marilla Street, Suite age Management, 320 5EN, Dallas, Texas East Jefferson Boule- 75201. vard, Room 307, Dal- las, TX 75203. Dallas ...... City of Irving The Honorable Rick Capital Improvement De- https://msc.fema.gov/portal/ Dec. 11, 2020 .... 480180 (20–06– Stopfer, Mayor, City of partment, 825 West Ir- advanceSearch. 1079P). Irving, City Hall, 825 ving Boulevard, Irving, West Irving Boulevard, TX 75060. Irving, TX 75060. Dallas ...... Unincorporated The Honorable Clay L. Dallas County Public https://msc.fema.gov/portal/ Dec. 11, 2020 .... 480165 Areas of Dallas Jenkins, County Judge, Works Department, 411 advanceSearch. County (20– Dallas County, Adminis- Elm Street, 4th Floor, 06–1079P). tration Building, 411 Dallas, TX 75202. Elm Street, Dallas, TX 75202. Wisconsin: Brown ...... Unincorporated Mr. Patrick Buckley, Brown County Zoning Of- https://msc.fema.gov/portal/ Nov. 24, 2020 .... 550020 Areas of Chair, Brown County fice, 305 East Walnut advanceSearch. Brown County Board of Supervisors, Street, Green Bay, WI (19–05– P.O. Box 23600, Green 54301. 5377P). Bay, WI 54305. Brown ...... Village of How- Mr. Burt McIntyre, Village Village Hall, 2456 Glen- https://msc.fema.gov/portal/ Nov. 27, 2020 .... 550023 ard (20–05– President, Village of dale Avenue, Green advanceSearch. 2635P). Howard, 2456 Glendale Bay, WI 54313. Avenue, Green Bay, WI 54313.

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

Buffalo ...... Unincorporated Mr. Dennis Bork, Chair, Buffalo County Court- https://msc.fema.gov/portal/ Dec. 4, 2020 ...... 555547 Areas of Buf- Buffalo County Board, house, 407 South 2nd advanceSearch. falo County P.O. Box 58, Alma, WI Street, Alma, WI 54610. (20–05– 54610. 1547P). Chippewa ...... City of Chippewa The Honorable Gregory City Hall, Inspection Zon- https://msc.fema.gov/portal/ Oct. 26, 2020 ..... 550044 Falls (20–05– Hoffman, Mayor, City of ing Office, 30 West advanceSearch. 0796P). Chippewa Falls, 30 Central Street, Chip- West Central Street, pewa Falls, WI 54729. Chippewa Falls, WI 54729.

[FR Doc. 2020–21300 Filed 9–25–20; 8:45 am] and FIS report are used by insurance listed below for the new or modified BILLING CODE 9110–12–P agents and others to calculate flood hazard information for each appropriate flood insurance premium community listed. Notification of these rates for buildings and the contents of changes has been published in DEPARTMENT OF HOMELAND those buildings. newspapers of local circulation and 90 SECURITY DATES: The date of January 29, 2021 has days have elapsed since that been established for the FIRM and, publication. The Deputy Associate Federal Emergency Management where applicable, the supporting FIS Administrator for Insurance and Agency report showing the new or modified Mitigation has resolved any appeals [Docket ID FEMA–2020–0002] flood hazard information for each resulting from this notification. community. This final notice is issued in Final Flood Hazard Determinations ADDRESSES: The FIRM, and if accordance with section 110 of the AGENCY: Federal Emergency applicable, the FIS report containing the Flood Disaster Protection Act of 1973, Management Agency, DHS. final flood hazard information for each 42 U.S.C. 4104, and 44 CFR part 67. ACTION: Notice. community is available for inspection at FEMA has developed criteria for the respective Community Map floodplain management in floodprone SUMMARY: Flood hazard determinations, Repository address listed in the tables areas in accordance with 44 CFR part which may include additions or below and will be available online 60. modifications of Base Flood Elevations through the FEMA Map Service Center Interested lessees and owners of real (BFEs), base flood depths, Special Flood at https://msc.fema.gov by the date property are encouraged to review the Hazard Area (SFHA) boundaries or zone indicated above. new or revised FIRM and FIS report designations, or regulatory floodways on FOR FURTHER INFORMATION CONTACT: available at the address cited below for the Flood Insurance Rate Maps (FIRMs) Rick and where applicable, in the supporting Sacbibit, Chief, Engineering Services each community or online through the Flood Insurance Study (FIS) reports Branch, Federal Insurance and FEMA Map Service Center at https:// have been made final for the Mitigation Administration, FEMA, 400 msc.fema.gov. communities listed in the table below. C Street SW, Washington, DC 20472, The flood hazard determinations are The FIRM and FIS report are the basis (202) 646–7659, or (email) made final in the watersheds and/or of the floodplain management measures [email protected]; or visit communities listed in the table below. that a community is required either to the FEMA Mapping and Insurance (Catalog of Federal Domestic Assistance No. eXchange (FMIX) online at https:// 97.022, ‘‘Flood Insurance.’’) adopt or to show evidence of having in _ effect in order to qualify or remain www.floodmaps.fema.gov/fhm/fmx main.html. Michael M. Grimm, qualified for participation in the Federal Assistant Administrator for Risk Emergency Management Agency’s SUPPLEMENTARY INFORMATION: The Management, Department of Homeland (FEMA’s) National Flood Insurance Federal Emergency Management Agency Security, Federal Emergency Management Program (NFIP). In addition, the FIRM (FEMA) makes the final determinations Agency.

Community Community map repository address

Ventura County, California and Incorporated Areas Docket No.: FEMA–B–1639

City of Ojai ...... Ojai Public Works Department, 408 South Signal Street, Ojai, CA 93023. City of San Buenaventura ...... San Buenaventura City Hall, 501 Poli Street, Ventura, CA 93001. Unincorporated Areas of Ventura County ...... Ventura County Public Works Agency, 800 South Victoria Avenue, Ventura, CA 93009.

Ventura County, California and Incorporated Areas Docket No.: FEMA–B–1673

City of Oxnard ...... Oxnard City Hall, 300 West Third Street, Oxnard, CA 93030. City of Port Hueneme ...... Port Hueneme City Hall, 250 North Ventura Road, Port Hueneme, CA 93041. City of San Buenaventura ...... San Buenaventura City Hall, 501 Poli Street, Ventura, CA 93001.

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Community Community map repository address

Unincorporated Areas of Ventura County ...... Ventura County Public Works Agency, 800 South Victoria Avenue, Ventura, CA 93009.

Brevard County, Florida and Incorporated Areas Docket No.: FEMA–B–1849

Cape Canaveral Port Authority ...... Cape Canaveral Port Authority, Maritime Center, 445 Challenger Road, Suite 203A, Cape Canaveral, FL 32920. City of Cape Canaveral ...... Community Development Department, 100 Polk Avenue, Cape Canav- eral, FL 32920. City of Cocoa ...... Building and Permitting Division, 65 Stone Street, Cocoa, FL 32922. City of Cocoa Beach ...... City Hall, 2 South Orlando Avenue, Cocoa Beach, FL 32931. City of Indian Harbour Beach ...... City Hall, 2055 South Patrick Drive, Indian Harbour Beach, FL 32937. City of Melbourne ...... City Hall, 900 East Strawbridge Avenue, Melbourne, FL 32901. City of Palm Bay ...... City Hall, 120 Malabar Road Southeast, Palm Bay, FL 32907. City of Rockledge ...... Building Division, 1600 Huntington Lane, Rockledge, FL 32955. City of Satellite Beach ...... Building and Zoning Department, 565 Cassia Boulevard, Satellite Beach, FL 32937. City of Titusville ...... City Hall, 555 South Washington Avenue, Titusville, FL 32796. Town of Grant-Valkaria ...... Town Hall, 1449 Valkaria Road, Grant-Valkaria, FL 32950. Town of Indialantic ...... Town Hall, 216 5th Avenue, Indialantic, FL 32903. Town of Malabar ...... Town Hall, 2725 Malabar Road, Malabar, FL 32950. Town of Melbourne Beach ...... Town Hall, 507 Ocean Avenue, Melbourne Beach, FL 32951. Town of Palm Shores ...... Clerk’s Office, 5030 Paul Hurtt Lane, Palm Shores, FL 32940. Unincorporated Areas of Brevard County ...... Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building A, Room A–204, Viera, FL 32940.

Johnson County, Indiana and Incorporated Areas Docket No.: FEMA–B–1720

City of Franklin ...... City Hall Planning Department, 70 East Monroe Street, Franklin, IN 46131. City of Greenwood ...... City Center Planning Department, 300 South Madison Avenue, Green- wood, IN 46142. Unincorporated Areas of Johnson County ...... Johnson County Courthouse Annex Building, 86 West Court Street, Franklin, IN 46131.

Vanderburgh County, Indiana and Incorporated Areas Docket No.: FEMA–B–1828

City of Evansville ...... Building Commission Department, Civic Center Complex, 1 Northwest Martin Luther King Jr. Boulevard, Room 310, Evansville, IN 47708. Unincorporated Areas of Vanderburgh County ...... Building Commission Department, Civic Center Complex, 1 Northwest Martin Luther King Jr. Boulevard, Room 310, Evansville, IN 47708.

Bremer County, Iowa and Incorporated Areas Docket No.: FEMA–B–1951

City of Denver ...... City Hall, 100 Washington Street, Denver, IA 50622. City of Frederika ...... City Hall, 111 3rd Street, Frederika, IA 50631. City of Janesville ...... City Hall, 227 Main Street, Janesville, IA 50647. City of Plainfield ...... City Hall, 604 Main Street, Plainfield, IA 50666. City of Readlyn ...... City Hall, 128 Main Street, Readlyn, IA 50668. City of Sumner ...... City Hall, 105 East 1st Street, Sumner, IA 50674. City of Tripoli ...... Bremer County Building and Zoning Department, 415 East Bremer Av- enue, Waverly, IA 50677. City of Waverly ...... City Hall, 200 1st Street Northeast, Waverly, IA 50677. Unincorporated Areas of Bremer County ...... Bremer County Building and Zoning Department, 415 East Bremer Av- enue, Waverly, IA 50677.

Harrison County, Iowa and Incorporated Areas Docket No.: FEMA–B–1925

City of Dunlap ...... City Hall, 716 Iowa Avenue, Dunlap, IA 51529. City of Little Sioux ...... Harrison County Engineer’s Building, 301 North 6th Avenue, Logan, IA 51546. City of Logan ...... City Hall, 108 West 4th Street, Logan, IA 51546. City of Missouri Valley ...... City Hall, 223 East Erie Street, Missouri Valley, IA 51555. City of Modale ...... City Hall, 310 East Palmer Street, Modale, IA 51556. City of Mondamin ...... City Hall, 120 South Main Street, Mondamin, IA 51557. City of Persia ...... City Hall, 117 Main Street, Persia, IA 51563. City of Pisgah ...... Harrison County Engineer’s Building, 301 North 6th Avenue, Logan, IA 51546. City of Woodbine ...... City Hall, 517 Walker Street, Woodbine, IA 51579.

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Community Community map repository address

Unincorporated Areas of Harrison County ...... Harrison County Engineer’s Building, 301 North 6th Avenue, Logan, IA 51546.

Wapello County, Iowa and Incorporated Areas Docket No.: FEMA–B–1945

City of Agency ...... Agency City Hall, 104 East Main Street, Agency, IA 52530. City of Chillicothe ...... Chillicothe City Hall, 201 Main Street, Chillicothe, IA 52548. City of Eddyville ...... Eddyville City Hall, 103 Front Street, Eddyville, IA 52553. City of Eldon ...... Eldon City Hall, 421 West Elm Street, Eldon, IA 52554. City of Ottumwa ...... Ottumwa City Hall, 105 East 3rd Street, Ottumwa, IA 52501. Unincorporated Areas of Wapello County...... Wapello County Planning, Zoning, and Building Division, 536 Mill Street, Ottumwa, IA 52501.

Reno County, Kansas and Incorporated Areas Docket No.: FEMA–B–1925

City of Hutchinson ...... City Hall, 125 East Avenue B, Hutchinson, KS 67501. City of Nickerson ...... City Hall, 15 North Nickerson Street, Nickerson, KS 67561. City of South Hutchinson ...... City Hall, 2 South Main Street, South Hutchinson, KS 67505. City of Willowbrook ...... Reno County Courthouse, 206 West 1st Avenue, Hutchinson, KS 67501. Unincorporated Areas of Reno County ...... Reno County Courthouse, 206 West 1st Avenue, Hutchinson, KS 67501.

Clark County, Missouri and Incorporated Areas Docket No.: FEMA–B–1940

City of Alexandria ...... City Hall, 109 Market Street, Alexandria, MO 63430. Unincorporated Areas of Clark County ...... Clark County Circuit Clerk’s Office, 288 East Main Street, Kahoka, MO 63445.

Rockingham County, New Hampshire (All Jurisdictions) Docket No.: FEMA–B–1415 and B–1736

City of Portsmouth ...... City Hall, 1 Junkins Avenue, Portsmouth NH 03801. Town of Exeter ...... Town Office, 10 Front Street, Exeter, NH 03833. Town of Greenland ...... Town Office, 11 Town Square, Greenland, NH 03840. Town of Hampton ...... Town Office, 100 Winnacunnet Road, Hampton, NH 03842. Town of Hampton Falls ...... Town Hall, 1 Drinkwater Road, Hampton Falls, NH 03844. Town of New Castle ...... Town Office, 49 Main Street, New Castle, NH 03854. Town of Newfields ...... Town Hall, 65 Main Street, Newfields, NH 03856. Town of Newington ...... Town Office, 205 Nimble Hill Road, Newington, NH 03801. Town of Newmarket ...... Town Hall, 186 Main Street, Newmarket, NH 03857. Town of North Hampton ...... Town Office, 233 Atlantic Avenue, 2nd Floor, North Hampton, NH 03862. Town of Rye ...... Town Office, 10 Central Road, Rye, NH 03870. Town of Seabrook ...... Town Office, 99 Lafayette Road, Seabrook, NH 03874. Town of Stratham ...... Town Office, 10 Bunker Hill Avenue, Stratham, NH 03885. Village District of Little Boar’s Head ...... Little Boar’s Head Village District Map Repository, North Hampton Town Office, 233 Atlantic Avenue, North Hampton, NH 03862. Village District of Seabrook Beach ...... Seabrook Beach Village District Map Repository, Warren H. West Me- morial Building, 210 Ocean Boulevard, Seabrook, NH 03874.

Charleston County, South Carolina and Incorporated Areas Docket No.: FEMA–B–1751

City of Charleston ...... Engineering Department, 2 George Street, Suite 2100, Charleston, SC 29401. City of Folly Beach ...... City Hall, 21 Center Street, Folly Beach, SC 29439. City of Isle of Palms ...... City Hall, 1207 Palm Boulevard, Isle of Palms, SC 29451. City of North Charleston ...... City Hall, 2500 City Hall Lane, North Charleston, SC 29406. Town of Awendaw ...... Town Hall, 6971 Doar Road, Awendaw, SC 29429. Town of Hollywood ...... Town Hall, 5150 Highway 165, Hollywood, SC 29449. Town of James Island ...... Town Hall, 1122 Dills Bluff Road, James Island, SC 29412. Town of Kiawah Island ...... Town Hall, 4475 Betsy Kerrison Parkway, Kiawah Island, SC 29455. Town of McClellanville ...... Town Hall, 405 Pinckney Street, McClellanville, SC 29458. Town of Meggett ...... Town Hall, 4776 Highway 165, Meggett, SC 29449. Town of Mount Pleasant ...... Municipal Complex, 100 Ann Edwards Lane, Mount Pleasant, SC 29464. Town of Ravenel ...... Town Hall, 5962 Highway 165, Suite 100, Ravenel, SC 29470. Town of Rockville ...... Town of Rockville Map Repository, Rockville Presbyterian Church, 2479 Sea Island Yacht Club Road, Wadmalaw Island, SC 29487. Town of Seabrook Island ...... Town Hall, 2001 Seabrook Island Road, Seabrook Island, SC 29455. Town of Sullivan’s Island ...... Town Hall, 2056 Middle Street, Sullivan’s Island, SC 29482.

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Community Community map repository address

Unincorporated Areas of Charleston County ...... Charleston County Lonnie Hamilton, III Public Services Building, Build- ing Inspection Services Department, 4045 Bridge View Drive, Suite 311, North Charleston, SC 29405.

Fort Bend County, Texas and Incorporated Areas Docket Nos.: FEMA–B–1753; FEMA B–1944

City of Fulshear ...... City Hall, 30603 FM 1093, Fulshear, TX 77441. City of Houston ...... Public Works and Engineering Department—Floodplain Management Office, 1002 Washington Avenue, 3rd Floor, Houston, TX 77002. City of Simonton ...... City Hall, 35011 FM 1093, Simonton, TX 77476. City of Weston Lakes ...... Weston Lakes City Hall, 8045 FM 359, Suite 200, Fulshear, TX 77441. Unincorporated Areas of Fort Bend County ...... Fort Bend County Drainage District, 1124 Blume Road, Rosenberg, TX 77471. Village of Fairchilds ...... Fairchilds Village Map Repository, Fairchild Volunteer Fire Department, 8715 Fairchild Road, Richmond, TX 77469. Village of Pleak ...... Pleak Village Hall, 6621 FM 2218 South, Richmond, TX 77469.

Llano County, Texas and Incorporated Areas Docket Nos.: FEMA B–1523, FEMA B–1923

City of Llano ...... Code Enforcement Department, 301 West Main Street, 2nd Floor, Llano, TX 78643 Unincorporated Areas of Llano County...... Llano County Permitting and Emergency Management, 100 West Sandstone Street, Suite 200A, Llano, TX 78643.

Frederick County, Virginia and Incorporated Areas Docket No.: FEMA–B–1817 and B–1955

Town of Middletown ...... Town Office, 7875 Church Street, Middletown, VA 22645. Town of Stephens City ...... Town Office, 1033 Locust Street, Stephens City, VA 22655. Unincorporated Areas of Frederick County ...... Frederick County Administration Building, 107 North Kent Street, Suite 202, Winchester, VA 22601.

Independent City of Winchester, Virginia Docket No.: FEMA–B–1817 and B–1955

City of Winchester ...... Rouss City Hall, 15 North Cameron Street, Winchester, VA 22601.

[FR Doc. 2020–21305 Filed 9–25–20; 8:45 am] CDBG–DR elevation requirement for 116–20 Waivers and Alternative BILLING CODE 9110–12–P nonresidential structures. Additionally, Requirements this notice revises action plan III. Public Law 115–31, 115–56, 115–123, substantial amendment requirements for 115–254, and 116–20 Waivers and Alternative Requirements DEPARTMENT OF HOUSING AND CDBG-Mitigation (CDBG–MIT) grants. IV. Public Law 115–56 and 115–123 URBAN DEVELOPMENT DATES: Applicability Date: October 5, Waivers and Alternative Requirements 2020. V. Public Law 115–123 Waivers and [Docket No. FR–6219–N–01] FOR FURTHER INFORMATION CONTACT: Alternative Requirements Jessie Handforth Kome, Director, Office VI. Public Law 115–56, 115–123, and 116–20 Waivers and Alternative Requirements Waivers and Alternative Requirements for Community Development Block of Block Grant Assistance, U.S. VII. Public Law 115–254 and 116–20 Grant Disaster Recovery Grantees Department of Housing and Urban Waivers and Alternative Requirements Development, 451 7th Street SW, Room VIII. Finding of No Significant Impact AGENCY: Office of the Assistant 7282, Washington, DC 20410, telephone Secretary for Community Planning and number 202–708–3587. Persons with I. Public Law 113–2 Waivers and Development, HUD. hearing or speech impairments may Alternative Requirements ACTION: Notice. access this number via TTY by calling Authorizing Specific Housing Activities the Federal Relay Service at 800–877– for the ‘‘Reshaping the Urban Delta’’ SUMMARY: This notice governs 8339. Facsimile inquiries may be sent to Initiative (City of New Orleans Only) Community Development Block Grant Ms. Kome at 202–708–0033. (Except for disaster recovery (CDBG–DR) funds the‘‘800’’ number, these telephone The Department awarded awarded under several appropriations. numbers are not toll-free.) Email $141,260,569 in Community Specifically, this notice provides inquiries may be sent to disaster_ Development Block Grant National waivers and establishes alternative [email protected]. Disaster Resilience (CDBG–NDR) funds requirements for certain grantees that made available under Public Law 113– SUPPLEMENTARY INFORMATION: have submitted waiver requests for 2 to the City of New Orleans to grants provided pursuant to Public Table of Contents implement activities described in the Laws. This notice also provides further I. Public Law 113–2 Waivers and city’s application, which the city clarification on the waiver and Alternative Requirements collectively refers to as the ‘‘Reshaping alternative requirement for use of a II. Public Law 114–113, 114–223, 114–254, the Urban Delta’’ initiative. This section FEMA-approved alternative to the 115–31, 115–56, 115–123, 115–254, and of the notice specifies waivers and

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alternative requirements and modifies improvements to residential properties 115–123, 115–254, and 116–20 the requirements for CDBG–NDR funds under the community adaptation waivers and alternative requirements awarded to the City of New Orleans component of the initiative. In its provided in this paragraph are based under Public Law 113–2, for necessary approved CDBG–NDR action plan, the upon a determination by the Secretary expenses related to disaster relief, long- city describes activities that will be that good cause exists and that the term recovery, restoration of eligible for funding and that entail waivers or alternative requirements are infrastructure and housing, and improvements to private residential not inconsistent with the overall economic revitalization. properties. These improvements may purposes of title I of the HCDA. Public Law 113–2 authorizes the include the installation of permeable II.A. Waiver and Alternative Secretary to waive or specify alternative driveways, rain cisterns, bioswales and Requirement for Use of FEMA-Approved requirements for any provision of any other site and exterior adaptations and Elevation Standards for Nonresidential statute or regulation that the Secretary resilience retrofits which are on the Structures administers in connection with HUD’s property of homeowners, but generally obligation or use by the recipient of do not involve physical improvements Grantees that received an allocation these funds (except for requirements to the housing unit. for a 2015, 2016, 2017, 2018, or 2019 related to fair housing, To clarify the eligibility of these major disaster under Public Laws 114– nondiscrimination, labor standards, and activities as outlined in the city’s 113, 114–223, 114–254, 115–31, 115–56, the environment). Regulatory waiver approved CDBG–NDR application and 115–123, 115–254, and 116–20 are authority is also provided by 24 CFR action plan, the Department is subject to different federal requirements 5.110, 91.600, and 570.5. The waiver approving a waiver and alternative established by the Federal Emergency and alternative requirement provided in requirement to expand section 105(a)(4) Management Agency (FEMA) and HUD, this section is in response to a request of the HCDA only to the extent with respect to the elevation of by the City of New Orleans explaining necessary to create a new eligible nonresidential structures in a why there is good cause for the waiver activity for the city’s CDBG–NDR grant. floodplain. Grantees that have received and is based upon a determination by This new eligible activity shall be an allocation of CDBG–MIT funds the Secretary that good cause exists and comprised of activities described in its pursuant to Public Law 115–123 are also that the waiver or alternative CDBG–NDR application and approved subject to these different federal requirement is not inconsistent with the action plan for residential requirements. overall purposes of title I of the Housing improvements under the community Specifically, CDBG–DR and CDBG– and Community Development Act of adaptation portion of the initiative, MIT grantees under these 1974 (HCDA). through installation of improvements appropriations and corresponding The City of New Orleans will use its and implementation of stormwater Federal Register notices are required to CDBG–NDR funds to create the city’s management practices on residential elevate, or floodproof in accordance first Resilience District in the Gentilly properties for the purpose of enhancing with FEMA floodproofing standards at neighborhood, a low- and moderate- the resilience of the residential building 44 CFR 60.3(c)(3)(ii) or a successor income community with a particularly and preventing neighborhood flooding. standard, nonresidential structures up high risk of flooding. The city is to at least two feet above the 100-year requesting a waiver to establish an II. Public Law 114–113, 114–223, 114– (or 1 percent annual chance floodplain), alternative requirement to create a 254, 115–31, 115–56, 115–123, 115–254, i.e. two feet above the base flood CDBG-eligible activity that comprises all and 116–20 Waivers and Alternative elevation. Critical Actions, as defined at of the activities proposed in the Requirements 24 CFR 55.2(b)(3), within the 0.2 community adaptation component of This section of the notice specifies percent annual chance floodplain (i.e., the Resilience District initiative. waivers and alternative requirements 500-year floodplain), must be elevated The city’s initiative is comprised of and modifies requirements for CDBG– or floodproofed (in accordance with four components: (1) Urban water: DR funds awarded to grantees that FEMA standards) to the higher of 0.2 consisting of public improvements to received an allocation for a 2015, 2016, percent annual floodplain flood improve storm water management; (2) 2017, 2018, or 2019 major disaster elevation or three feet above the 1 reliable energy and smart systems: to under Public Laws 114–113, 114–223, percent annual chance floodplain (i.e., enhance the reliability of the electrical 114–254, 115–31, 115–56, 115–123, 100-year floodplain). Under current grid and energy asset monitoring; (3) 115–254, and 116–20 for necessary CDBG–DR and CDBG–MIT requirements coastal restoration: A series of coastal expenses related to disaster relief, long- for these grantees, if the 500-year protection and restoration projects to term recovery, restoration of floodplain or elevation standard is mitigate flooding impacts; and (4) infrastructure and housing, economic unavailable, and the Critical Action is in community adaptation: to support revitalization, and mitigation. Public the 100-year floodplain, then the improvements to private residential Laws 114–113, 114–223, 114–254, 115– structure must be elevated or properties in the neighborhood as a 31, 115–56, 115–123, 115–254, and 116– floodproofed to at least three feet above means of improving storm water 20 authorize the Secretary to waive or the 100-year floodplain elevation. management. specify alternative requirements for any CDBG–DR funds may be used to meet Certain activities under the provision of any statute or regulation the non-federal match requirements for community adaptation component, as that the Secretary administers in programs funded by FEMA. CDBG–DR proposed by the City, are not CDBG- connection with HUD’s obligation or grantees using FEMA and CDBG–DR eligible as housing rehabilitation use by the recipient of these funds funds to fund the same activity, activities as they do not involve the (except for requirements related to fair however, have encountered challenges rehabilitation of the housing structure housing, nondiscrimination, labor in certain circumstances in reconciling itself. Accordingly, the Department is standards, and the environment). CDBG–DR elevation requirements with granting a waiver and establishing an Regulatory waiver authority is also those established by FEMA. CDBG–MIT alternative requirement to create a provided by 24 CFR 5.110, 91.600, and grantees will encounter similar CDBG-eligible activity that comprises all 570.5. As required by Public Laws 114– challenges in the implementation of of the activities proposed for 113, 114–223, 114–254, 115–31, 115–56, projects when using FEMA funds

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together with CDBG–MIT funds. FEMA This notice reflects the requirements of benefits policies described in the action regulations at 44 CFR 9.11(d)(3)(i) and recent CDBG–DR supplemental plan.’’ (ii) prohibit new construction or appropriations acts and amendments to II.C. Use of the ‘‘Upper Quartile’’ or substantial improvements to a structure the Robert T. Stafford Disaster Relief ‘‘Exception Criteria’’ for Low- and unless the lowest floor of the structure and Emergency Assistance Act. HUD’s Moderate-Income Area Benefit Activities is at or above the level of the base flood corresponding DOB implementation (State of Texas only) and for critical actions, at or above the notice, ‘‘Applicability of Updates to level of the 500-year flood, while 44 Duplication of Benefits Requirements The State of Texas was awarded a CFR 9.11(d)(3)(iii) allows for an Under the Stafford Act for Community total of $74,568,000 from Public Laws alternative to elevation to the 100- or Development Block Grant (CDBG) 114–113 and 115–31 for recovery from 500-year flood level, subject to FEMA Disaster Recovery Grantees,’’ (84 FR 2015 disasters; a total of $238,895,000 approval, which would provide for 28848) (‘‘DOB Implementation Notice’’) from Public Laws 114–223, 114–254, improvements that would ensure the makes conforming amendments to other and 115–31 for recovery from 2016 substantial impermeability of the notices governing CDBG–DR grants disasters; a total of $5,734,190,000 from structure below flood level. received in response to a disaster Public Laws 115–56, 115–123, and 115– As programs funded by FEMA are declared between January 1, 2015 and 31 for recovery from Hurricane Harvey pursuant to an annual appropriation, December 31, 2017. The DOB disaster; a total of $72,913,000 from FEMA funded projects generally Implementation Notice advises these Public Laws 115–254 and 116–20 for commence soon after a disaster and well grantees of the applicability of the 2019 recovery from 2018 disasters; and a total in advance of the availability of CDBG– DOB Notice to their existing CDBG–DR of $212,741,000 from Public Law 116– DR funds. When CDBG–DR funds are activities. In the DOB Implementation 20 for recovery from 2019 disasters. used as match for a FEMA project that Notice, the Department imposed the HUD has also awarded $4,297,189,000 is underway, the alignment of HUD’s requirements of the 2019 DOB Notice of CDBG–MIT funds to the State under elevation standards with any alternative for: (a) New programs and activities Public Law 115–123 for mitigation standard allowed by FEMA may not be added to the action plan after the date activities. This section of the notice feasible and may not be cost reasonable. of the implementation notice; and (b) specifies waivers and alternative Accordingly, the Department is existing programs and activities, to the requirements and modifies requirements waiving the elevation requirements extent that the grantee amends its action for CDBG–DR and CDBG–MIT funds applicable under the Federal Register plan to change its treatment of loans in awarded to the State of Texas under notices for the referenced accordance with the 2019 DOB Notice. Public Laws 114–113, 114–223, 114– appropriations, and establishing an The Department recognizes that not 254, 115–31, 115–56, 115–123, 115–254, alternative requirement for the use of an all grantees include this level of and 116–20 for necessary expenses alternative, FEMA-approved flood related to disaster relief, long-term standard when each of the following specificity in their action plan and is recovery, restoration of infrastructure conditions is in place: (i) CDBG–DR or broadening the applicability of the 2019 and housing, economic revitalization, CDBG–MIT funds are used as the non- DOB Notice to include existing and mitigation. federal match for FEMA assistance; (ii) programs and activities, to the extent the FEMA-assisted activity, for which that the grantee amends its action plan The State is seeking a waiver and CDBG–DR or CDBG–MIT funds will be or its policies and procedures to change alternative requirement to apply used as match, commenced prior to the treatment of loans in accordance exception criteria in determining that an HUD’s obligation of CDBG–MIT or with the 2019 DOB Notice. Therefore, activity qualifies as meeting the low- CDBG–DR funds to the grantee; and (iii) this notice deletes and replaces the first and moderate-income (LMI) area benefit the grantee has determined and bullet of the third paragraph of section national objective when the area demonstrated with records in the III of the DOB Implementation Notice, contains fewer than 51 percent of LMI activity file that implementation costs of which follows the sentence: ‘‘This persons. This waiver and alternative the required CDBG–DR elevation or notice makes the following changes to requirement will allow the State to use flood proofing up to two feet is not the Prior Notices.’’ The first bullet in the the ‘‘upper quartile’’ or ‘‘exception reasonable as that term is defined in the third paragraph of section III is revised criteria’’ for LMI area benefit activities applicable cost principles at 2 CFR to read: for non-entitlement counties impacted 200.404. HUD and FEMA will issue • ‘‘The 2019 DOB Notice shall by the 2015 and 2016 floods, as well as joint guidance to assist grantees in the supersede the 2011 DOB notice for any areas impacted by Hurricane Harvey. compliant implementation of this new activities submitted to HUD in an Section 105(c)(2)(A) of the HCDA provision and with other requirements action plan or action plan amendment generally provides that assisted that apply when CDBG–DR or CDBG– on or after the effective date of this activities designed to serve an area MIT funds are used to meet the non- notice, and for existing programs and generally and clearly designed to meet federal match requirements of certain activities, to the extent that the grantee identified needs of LMI persons in the FEMA programs. amends its action plan or its policies area, shall be considered to principally and procedures to change the treatment benefit persons of low- and moderate- II.B. Changes to the DOB of loans in accordance with the 2019 income if the area served in a Implementation Notice for Grantees DOB Notice. If a grantee opts to revise metropolitan city or urban county is That Received a CDBG–DR Allocation its policies and procedures for one or within the highest quartile of all areas for a 2015, 2016, or 2017 Disaster Event more existing programs that were within the jurisdiction of such city or On June 20, 2019, the Department included in an action plan for disaster county in terms of the degree of published a Federal Register notice, recovery before the effective date of this concentration of persons of low- and ‘‘Updates to Duplication of Benefits notice, the grantee must amend its moderate-income. In some cases, HUD Requirements Under the Stafford Act for action plan to reflect any resulting permits an exception to the requirement Community Development Block Grant changes in benefits to program that at least 51 percent of the residents (CDBG) Disaster Recovery Grantees,’’ participants or to correct any resulting of the area qualify as LMI, when certain (84 FR 28836) (‘‘2019 DOB Notice’’). inconsistencies with duplication of requirements are met.

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The exception provided by HUD ‘‘exception percentages’’ for each, will the waiver or alternative requirement is under this waiver and alternative be posted in tables on the HUD website. not inconsistent with the overall requirement is typically applied to those These tables will be updated annually purposes of title I of the HCDA. entitlement communities that have few, by HUD. The ‘‘exception percentage’’ for The State is asking to modify if any, areas within their jurisdiction each of the counties that qualify will requirements and coordinate recovery that have 51 percent or more of LMI represent the new threshold for efforts across multiple CDBG–DR and residents. Under the exception, qualifying block groups in those CDBG–MIT allocations under Public communities are allowed to use a counties under the LMI area benefit Laws 115–31, 115–56, 115–123, 115– percentage that is less than 51 percent national objective criteria. In granting 254, and 116–20 through use of a to qualify activities under the LMI area this flexibility to the State of Texas, the standardized area median income for benefit national objective criteria. In Department will not consider any purposes of meeting the low- and these communities, activities must serve request to lower the State’s moderate-income national objective an area that contains a percentage of requirements in regard to the overall criteria. LMI residents that is within the upper percentage of funds that must be used 42 U.S.C. 5302(a)(20)(A) defines the quartile of all census-block groups for activities that benefit low- and terms ‘‘persons of low and moderate within its jurisdiction in terms of the moderate-income persons for its CDBG– income’’ and ‘‘low- and moderate- degree of concentration of LMI DR funds for 2015 to 2019 disasters, or income persons’’ to mean families and residents. HUD assesses each grantee’s its CDBG–MIT funds. individuals whose incomes do not census-block groups to determine III. Public Law 115–31, 115–56, 115– exceed 80 percent of the median income whether a grantee qualifies to use this of the area involved, as determined by exception and identifies the alternative 123, 115–254, and 116–20 Waivers and Alternative Requirements the Secretary with adjustments for percentage the grantee may use instead smaller and larger families. of 51 percent for the purpose of Use of Standardized Area Median The State has presented data qualifying activities under the LMI area Income (State of Texas Only) indicating a large range in area median benefit national objective criteria. HUD The Department has awarded income (AMI) in the Harvey-impacted determines the lowest proportion a $5,734,190,000 in CDBG–DR funds to areas of the State, ranging from $40,200 grantee may use to qualify an area for the State of Texas for recovery from to $91,100 for a family of four. This this purpose and advises the grantee statewide variation can have accordingly. CDBG–DR grantees are Hurricane Harvey from Public Laws 115–56, 115–123, and 115–31. HUD has unintended consequences for required to use the most recent data participation in CDBG–DR funded available in implementing the exception also awarded $4,297,189,000 of CDBG– MIT funds to the State under Public activities, for example, the State affirms criteria. The ‘‘exception criteria’’ applies that ‘‘while the cost of living varies to disaster recovery activities funded by Law 115–123 for mitigation activities. between communities throughout the a State grantee pursuant to the Additionally, the State was awarded a state, the cost to rebuild or reconstruct applicable Federal Register notices in total of $72,913,000 from Public Laws a new home does not vary on the order jurisdictions covered by such criteria, 115–254 and 116–20 for recovery from of magnitude evidenced by the disparity including jurisdictions that receive 2018 disasters, and a total of in AMI across Texas counties.’’ As the CDBG–DR funds from a State. $212,741,000 from Public Law 116–20 The State of Texas is requesting this for recovery from 2019 disasters. This State seeks to primarily serve LMI waiver and alternative requirement for section of the notice specifies waivers individuals and areas in the disaster- only those non-entitlement counties in and alternative requirements and impacted counties, the variation which fewer than one quarter of the modifies requirements for CDBG–DR between county-level AMI limits the block groups within each jurisdiction and CDBG–MIT funds awarded to the participation of families and individuals have 51 percent or more of LMI State of Texas under Public Laws 115– in the State’s recovery programs in those residents. When the ‘‘upper quartile’’ or 31, 115–56, 115–123, 115–254, and 116– counties with very low AMI, because ‘‘exception criteria’’ methodology is 20 for necessary expenses related to these families and individuals have applied to block groups within those disaster relief, long-term recovery, incomes that are at or above the 80 counties that do not fall within an restoration of infrastructure and percent of AMI in the respective county entitlement community, fewer than one housing, economic revitalization, and even though their incomes are less than quarter of the populated-block groups in mitigation. 80 percent of the statewide median those counties contain 51 percent or Public Laws 115–31, 115–56, 115– income. more of LMI persons. 123, 115–254, and 116–20 authorize the Based on the above circumstance, the To enable the State to undertake the Secretary to waive or specify alternative State of Texas has requested a waiver activities it has determined to be most requirements for any provision of any and alternative requirement to allow the critical for its recovery, and to ensure statute or regulation that the Secretary State to make LMI determinations across that LMI persons are sufficiently served administers in connection with HUD’s the most impacted and distressed (MID) and assisted, HUD is waiving section obligation or use by the recipient of areas for 2017, 2018, and 2019 disasters 105(c)(2)(A) of the HCDA and these funds (except for requirements based on a determination that the establishing an alternative requirement related to fair housing, incomes of families and individuals are to authorize the State to use the ‘‘upper nondiscrimination, labor standards, and below 80 percent of statewide median quartile’’ or ‘‘exception criteria’’ for LMI the environment). Regulatory waiver income. In its request, the State area benefit activities for non- authority is also provided by 24 CFR emphasizes the importance of providing entitlement counties for any current or 5.110, 91.600, and 570.5. The waiver assistance to the households most in future grants made under Public Laws and alternative requirement provided in need through a housing rehabilitation 114–113, 114–223, 114–254, 115–31, this paragraph is in response to a and reconstruction program, through 115–56, 115–123, 115–254, and 116–20. request by the State of Texas explaining buyouts and acquisitions that remove The non-entitlement counties that why there is good cause for the waiver homes from harms’ way, and through qualify under this alternative and based upon a determination by the other flood drainage infrastructure requirement, and the calculated Secretary that good cause exists and that activities.

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In the circumstances outlined in the necessary expenses related to disaster the State is requesting a waiver to State’s request, the broadening of 42 relief, long term recovery, restoration of reimburse homeowners that are U.S.C. 5302(a)(20)(A) is warranted given infrastructure and housing, economic otherwise eligible for assistance but the variance in AMIs across the affected revitalization, and mitigation due to a elevated their homes to comply with the counties. Thus, the Department finds qualified disaster. This section of the local jurisdiction’s freeboard that good causes exists and waives 42 notice specifies waivers and alternative requirements, which may be lower than U.S.C. 5302(a)(20)(A) to the extent requirements and modifies requirements the HUD-mandated standard to elevate necessary to allow the Secretary to for CDBG–DR funds awarded to the to base flood elevation plus 2 feet. enable the State of Texas to make LMI State of Texas under Public Laws 115– HUD’s February 9, 2018 notice determinations based on statewide 56 and 115–123. provides that: ‘‘All structures, defined at median income instead of otherwise Public Law 115–56 and 115–123 44 CFR 59.1, designed principally for applicable AMI when local AMI is authorize the Secretary to waive or residential use and located in the 100- below statewide median income data (as specify alternative requirements for any year (or 1 percent annual chance) published by HUD annually with provision of any statute or regulation floodplain that receive assistance for adjustments for smaller and larger that the Secretary administers in new construction, repair of substantial families). In areas where this waiver and connection with HUD’s obligation or damage, or substantial improvement, as alternative requirement permits the use by the recipient of these funds defined at 24 CFR 55.2(b)(10), must be State to use statewide median income (except for requirements related to fair elevated with the lowest floor, including for LMI determinations, the State may housing, nondiscrimination, labor the basement, at least two feet above the also use statewide median income data standards, and the environment). base flood elevation (83 FR 5861).’’ (as published by HUD annually with Regulatory waiver authority is also HUD finds that good cause exists to adjustments for smaller and larger provided by 24 CFR 5.110, 91.600, and waive the language in the Federal families) to calculate 120 percent of 570.5. The State of Texas has submitted Register notice requiring the 2 feet statewide median income, and to use a request for the waiver in this section above base flood elevation for 120 percent of statewide median income with an explanation of why the waiver homeowners seeking reimbursement in as a substitute for 120 percent of AMI. is required to facilitate the use of the the State’s Homeowner Reimbursement This will allow the State of Texas to funds. The waiver and alternative Program and to establish an alternative standardize the median income for the requirement provided in this section is requirement to permit the State to counties impacted by Hurricane Harvey, based upon a determination by the reimburse those homeowners for costs and 2018 and 2019 disasters that have Secretary that good cause exists, and of rehabilitation completed before the an AMI below the statewide median that the waiver and alternative program’s application launch date of income. This alternative requirement requirement is not inconsistent with the February 28, 2019, subject to the also includes the MID areas identified overall purposes of title I of the HCDA. following requirements: The State is implementing a by the State and HUD for its CDBG–MIT • The homeowner’s reimbursed Homeowner Reimbursement Program funds. However, if those counties have rehabilitation costs complied with the designed to assist homeowners in an AMI above the statewide median elevation requirement of the local recovering up to $50,000 in out-of- income, LMI eligibility will continue to jurisdiction. pocket expenses paid by the homeowner be defined by the county’s higher AMI • The activity is eligible under title I for residential rehabilitation due to standard. of the HCDA or by waiver and is Hurricane Harvey. To be eligible for this This waiver and alternative consistent with CPD–15–07: Guidance program, the State’s rules require that requirement is provided for the for Charging Pre-Application Costs of the home must be the owner’s primary purposes of assisting the most at-risk Homeowners, Businesses, and Other residence and the eligible repairs must populations who are in need of recovery Qualifying Entities to CDBG Disaster have been completed prior to the assistance in each of the MID areas Recovery Grants. program’s application launch date of identified by HUD and the State for • The activity meets a CDBG–DR February 28, 2019. Because the State’s 2017, 2018, 2019 disasters, and its national objective and otherwise Hurricane Harvey response and CDBG–MIT funds. In granting this complies with CDBG–DR requirements recovery efforts commenced on the date flexibility to the State of Texas, the not waived by this section. of the disaster and before CDBG–DR • The State uses not less than 70 Department will not consider any assistance was available, some percent of the aggregate CDBG–DR grant request to lower the State’s requirement homeowners participating in the State’s for activities that benefit low- and in regard to the overall percentage of Homeowner Reimbursement Program moderate-income persons. funds that must be used for activities may have repaired their homes to meet The State must ensure that all costs that benefit low- and moderate-income program requirements of the Federal charged to this program and to the persons for its CDBG–DR funds for Emergency Management Agency CDBG–DR grant are necessary and 2017, 2018, or 2019 disasters or its (FEMA) and local permitting reasonable expenses related to disaster CDBG–MIT funds. requirements, rather than the CDBG–DR recovery. IV. Public Law 115–56 and 115–123 program requirements. Waivers and Alternative Requirements Some homeowners seeking assistance V. Public Law 115–123 Waivers and from the State’s program elevated homes Alternative Requirements Base Flood Elevation Requirement and to meet the requirements of their Reimbursement in the ‘‘Homeowner municipalities but did not elevate their Substantial Action Plan Amendment Reimbursement Program’’ (State of homes to meet HUD’s requirement that Requirements for CDBG–MIT Grants Texas Only) residential structures be elevated to at Public Law 115–123 authorizes the The Department awarded least 2 feet above base flood elevation as Secretary to waive or specify alternative $5,024,215,000 under Public Law 115– required by the Federal Register notice requirements for any provision of any 56 and $652,175,000 under Public Law governing the use of these funds. statute or regulation that the Secretary 115–123 to the State of Texas for Because the homeowners did not administers in connection with HUD’s recovery from Hurricane Harvey for anticipate receiving federal assistance, obligation or use by the recipient of

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these funds (except for requirements requirements in section V.A.3.a. of this inaccuracies as estimates are based on related to fair housing, notice. data collected over eight years ago.’’ The nondiscrimination, labor standards, and VI. Public Law 115–56, 115–123, and USVI contends that granting this waiver the environment). Regulatory waiver 116–20 Waivers and Alternative and alternative requirement will allow it authority is also provided by 24 CFR Requirements to more accurately reflect the number of 5.110, 91.600, and 570.5. As required by residents that are financially burdened Public Laws 115–123, the waiver and Use of Standardized Area Medium and who are in greatest need of CDBG– alternative requirement provided in this Income (U.S. Virgin Islands Only) DR assistance. paragraph is based upon a Public Laws 115–56, 115–123, and In order to establish consistent LMI determination by the Secretary that 116–20 authorize the Secretary to waive income limits across all three islands of good cause exists, and that the waiver or specify alternative requirements for the USVI and recognizing the high cost or alternative requirement is not any provision of any statute or and other unique characteristics of the inconsistent with the overall purposes regulation that the Secretary administers USVI identified above, the Department of title I of the HCDA. in connection with HUD’s obligation or finds that good causes exists and waives The Department’s August 30, 2019 use by the recipient of these funds 42 U.S.C. 5302(a)(20)(A) to the extent Federal Register notice (84 FR 45838) (except for requirements related to fair necessary to standardize the AMI across included requirements for CDBG–MIT housing, nondiscrimination, labor the entire territory of the USVI by grantees that must be followed for standards, and the environment). allowing the USVI to use the area median income (as published by HUD substantial amendments to a CDBG–MIT Waivers and alternative requirements annually with adjustments for smaller action plan. Section V.A.2.g.(1) of the are based upon a determination by the and larger families) of the Island of St. August 30, 2019 notice requires grantees Secretary that good cause exists, and John for all islands in the territory, since to follow the same procedures for a that the waiver or alternative those LMI income limits are the highest substantial action plan amendment as requirement is not inconsistent with the of the three islands within the Territory. are required for the preparation and overall purposes of title I of the HCDA. This waiver also permits the use of AMI submission of the initial CDBG–MIT Regulatory waiver authority is also of the Island of St. John (as published action plan, including multiple public provided by 24 CFR 5.110, 91.600, and by HUD annually with adjustments for hearings in various geographic 570.5. For the waiver and alternative smaller and larger families) for all locations, except that that a substantial requirement described in this section of islands in the territory whenever grant action plan amendment shall require a the notice, the Secretary has determined requirements necessitate the application 30-day public comment period. HUD, that good cause exists and that the of AMI, including when it may be however, has generally not established a waiver and alternative requirement is necessary to calculate 120 percent of public hearing requirement for not inconsistent with the overall AMI. In granting this flexibility, the substantial amendments to a grantee’s purposes of title I of the HCDA. Department will not consider any action plan for CDBG–DR grants. This Grantees under Public Laws 115–56, request to lower the USVI’s requirement alternative requirement will better align 115–123, and 116–20 may request in regard to the overall percentage of CDBG–MIT substantial amendment waivers and alternative requirements funds that must be used for activities requirements with those established for from the Department as needed to that benefit low- and moderate-income CDBG–DR substantial amendments, address specific needs related to their persons. with the addition of continued recovery activities. Public Laws 115–56, engagement of the public through a 30- 115–123, and 116–20 also authorize the VII. Public Law 115–254 and 116–20 day public comment period and through Department to provide waivers and Waivers and Alternative Requirements the citizen advisory committees establish alternative requirements This section of the notice applies to required by the CDBG–MIT notice. For absent a request from a CDBG–DR certain grantees that received an these reasons, HUD is replacing V.A.2.g. grantee. allocation of funds appropriated under subparagraph (1) of the August 30, 2019 The Department awarded the U.S. Public Laws 115–254 and 116–20 for notice with the following: Virgin Islands (USVI) $242,684,000 of major disasters and events that occurred (1) Substantial amendment. The grantee CDBG–DR funds under Public Law 115– in 2017, 2018, and 2019. Public Laws must provide a 30-day public comment 56, $779,221,000 of CDBG–DR funds 115–254 and 116–20 authorize the period and reasonable method(s) (including under Public Law 115–123, and Secretary to waive or specify alternative electronic submission) for receiving $53,588,884 of CDBG–DR funds under requirements for any provision of any comments on substantial amendments. In its Public Law 116–20. The Department has statute or regulation that the Secretary action plan, each grantee must specify also awarded the USVI $774,188,000 of administers in connection with HUD’s criteria for determining what changes in the CDBG–MIT funds under Public Law obligation or use by the recipient of grantee’s plan constitute a substantial 115–123 for mitigation activities. these funds (except for requirements amendment to the plan. At a minimum, the following modifications will constitute a The USVI has requested that HUD related to fair housing, substantial amendment: The addition of a provide a waiver to establish higher nondiscrimination, labor standards, and CDBG–MIT Covered Project; a change in income limits for the purposes of the environment). program benefit or eligibility criteria; the determining low- and moderate-income Waivers and alternative requirements addition or deletion of an activity; or the benefit, due to the USVI’s extremely are based upon a determination by the allocation or reallocation of a monetary high cost of living. The USVI contends Secretary that good cause exists, and threshold specified by the grantee in its that ‘‘the data used to set HUD area that the waiver or alternative action plan. The grantee may substantially medium incomes (AMI) and the requirement is not inconsistent with the amend the action plan if it follows the same associated income limits for the U.S. overall purposes of title I of the HCDA. procedures required for CDBG– MIT funds for the preparation and submission of an Virgin Islands is uniquely outdated Regulatory waiver authority is also action plan, provided, however, that a compared to other grantees due to the provided by 24 CFR 5.110, 91.600, and substantial action plan amendment shall lack of recent American Community 570.5. For the waivers and alternative require a 30-day public comment period and Survey (ACS) data from the Census requirements described in this section is not subject to the public hearing Bureau. This results in compounding of notice, the Secretary has determined

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that good cause exists and that the new business investments to generate CDBG–MIT Federal Register notice (84 waivers and alternative requirements jobs and create tax revenues. FR 45838) requires grantees to provide are not inconsistent with the overall HUD has previously granted similar evidence of proficient financial controls purposes of title I of the HCDA. waivers for other CDBG–DR grantees and procurement processes as well as Grantees under Public Laws 115–254 with tourism-dependent economies. As the establishment of adequate and 116–20 may request waivers and CNMI is proposing advertising and procedures to prevent any duplication alternative requirements from the marketing activities rather than direct of benefits as defined by section 312 of Department as needed to address assistance to tourism-dependent and the Robert T. Stafford Disaster Relief specific needs related to their recovery other businesses, and because the and Emergency Assistance Act (Stafford activities. Public Laws 115–254 and measures of long-term benefit from the Act), 42 U.S.C. 5155, the Department is 116–20 also authorize the Department to proposed activities must be derived adding the CDBG–MIT certification as provide waivers and establish using indirect means, 42 U.S.C. 5305(a) an acceptable certification that may be alternative requirements absent a is waived only to the extent necessary used for grants allocated by Public Laws request from a CDBG–DR grantee. to make eligible use of no more than 115–254 and 116–20 for 2018 and 2019 $10,000,000 for assistance for tourism disasters. HUD is deleting and replacing VIII.A. Authorizing Tourism and and business marketing activities to the second paragraph of section IV.B.1. Business Marketing Assistance promote travel and to attract new of the January 27, 2020 notice with the Activities (The Northern Mariana businesses to disaster-impacted areas. following: Islands Only) No elected officials shall appear in tourism or business marketing materials A grantee that received a certification of its The Department has awarded financial controls and procurement processes $188,652,000 of CDBG–DR funds under financed with CDBG–DR funds. Given pursuant to a 2016 or 2017 disaster or for its Public Law 115–254 and $55,294,000 the importance of tourism to the overall CDBG–MIT allocation may request that HUD under Public Law 116–20, for a economy, HUD is authorizing this use of rely on its previous certification for purposes combined allocation of $243,946,000 to these funds without regard to unmet of this grant, provided, however, that grantees shall be required to provide updates the Commonwealth of Northern Mariana housing need. This waiver will expire two years after the Commonwealth first to reflect any material changes in the Islands (CNMI). CNMI has requested submissions. This information must be that HUD authorize the use of up to draws CDBG–DR funds under the allocation provided in the January 27, submitted within 60 days of the applicability $10,000,000 of CDBG–DR funds for date of this notice. The grant agreement will tourism and business marketing as 2020 Federal Register notice (85 FR not be executed until HUD has approved the activities necessary for recovery from 4681). grantee’s certifications. The grantee must In providing similar waivers for other Super Typhoon Yutu. Tourism is the implement the CDBG–DR grant consistent CDBG–DR grantees, the Department has primary economic contributor to with the controls, processes, and procedures often identified issues in the as certified by HUD. HUD is requiring each CNMI’s economy. The Marianas Visitors procurement of tourism and business grantee to submit (or update and resubmit, as Authority (MVA), the CNMI’s tourism marketing services, with grantees applicable) all policies and procedures office, is mandated to promote Saipan, adding CDBG–DR funds to existing pertaining to its duplication of benefits Tinian, Rota, and the Northern Islands tourism and business marketing procedures as outlined below: as an ideal destination to travelers from contracts procured with other sources of HUD is also deleting and replacing countries in Asia, Oceania and funds. In providing this waiver, HUD the first bullet in section III of the throughout the world. CNMI’s current advises the Commonwealth to ensure January 27, 2020 notice with the main tourism markets are Korea, China, that contracts funded pursuant to this following: and Japan. waiver with CDBG–DR funds comply • Within 60 days of the applicability date The total value of tourism within the with applicable procurement of this notice (or when the grantee submits CNMI economy amounts to $1.1 billion requirements. The grantee must also its action plan, whichever is earlier), submit (or 72 percent) of overall Gross develop metrics to demonstrate the documentation for the certification of Domestic Product (GDP) and the impact of CDBG–DR expenditures on financial controls and procurement processes accommodations and amusement sector the tourism and other sectors of the and adequate procedures for grant provides for an average of 21.5 percent economy and shall identify those management, as amended in section IV.B.1 of this notice. A grantee that received a of total employee compensation within metrics in its action plan. the Commonwealth. Due to the certification of its financial controls and VIII.B. Financial Certification procurement processes pursuant to a 2016 or influence of the tourism industry in the 2017 disaster or for its CDBG–MIT allocation, CNMI and the scale of Super Typhoon Requirements Under Public Laws 115– 254 and 116–20 may request that HUD rely on its previous Yutu, the impacts of the disaster on the certification for purposes of this allocation, economy were wide-ranging and The Department’s January 27, 2020 provided, however, that grantees shall be pronounced. In total, arrivals for Federal Register notice (84 FR 4681) required to provide updates to reflect any November (after the typhoon in October) included requirements for the material changes in the submissions. fell by 88.35 percent or 42,444, marking certification of financial controls and the sharpest year-over-year downturn in procurement processes and adequate VIII. Finding of No Significant Impact recent history. The closure of the Saipan procedures for grant management for A Finding of No Significant Impact International Airport also led to a Public Law 115–254 and 116–20 (FONSI) with respect to the decrease in arrivals by 30 percent (over grantees, allowing them to use their environment has been made in 400,000 visitors). prior 2016 or 2017 certifications for the accordance with HUD regulations at 24 Tourism and business advertising purposes of the allocations provided by CFR part 50, which implement section campaigns are in general ineligible for that notice. The notice, however, did 102(2)(C) of the National Environmental CDBG–DR assistance. HUD, however, not include or reference the financial Policy Act of 1969 (42 U.S.C. recognizes that such support can be an certifications provided for a grantee’s 4332(2)(C)). The FONSI is available for important means of economic recovery CDBG–MIT funds as also being a valid public inspection between 8 a.m. and 5 in a damaged regional economy that form of certification for the allocation. p.m. weekdays in the Regulations depends on tourism and seeks to attract Since the Department’s August 30, 2019 Division, Office of General Counsel,

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Department of Housing and Urban residential, recreational, religious or courts have applied a balancing test to Development, 451 7th Street SW, Room educational purposes for a primary term determine whether State and local 10276, Washington, DC 20410–0500. of up to 75 years without the approval taxation of non-Indians on the Due to security measures at the HUD of the Secretary. Participating Tribes reservation is preempted. White Headquarters building, an advance develop Tribal leasing regulations, Mountain Apache Tribe v. Bracker, 448 appointment to review the docket file including an environmental review U.S. 136, 143 (1980). The Bracker must be scheduled by calling the process, and then must obtain the balancing test, which is conducted Regulations Division at 202–708–3055 Secretary’s approval of those regulations against a backdrop of ‘‘traditional (this is not a toll-free number). prior to entering into leases. The notions of Indian self-government,’’ Hearing- or speech-impaired HEARTH Act requires the Secretary to requires a particularized examination of individuals may access this number approve Tribal regulations if the Tribal the relevant State, Federal, and Tribal through TTY by calling the Federal regulations are consistent with the interests. We hereby adopt the Bracker Relay Service at 800–877–8339 (this is Department of the Interior’s analysis from the preamble to the a toll-free number). (Department) leasing regulations at 25 surface leasing regulations, 77 FR at Dated: September 23, 2020. CFR part 162 and provide for an 72447–48, as supplemented by the environmental review process that analysis below. John Gibbs, meets requirements set forth in the The strong Federal and Tribal Acting Assistant Secretary for Community HEARTH Act. This notice announces interests against State and local taxation Planning and Development. that the Secretary, through the Assistant of improvements, leaseholds, and [FR Doc. 2020–21359 Filed 9–25–20; 8:45 am] Secretary—Indian Affairs, has approved activities on land leased under the BILLING CODE 4210–67–P the Tribal regulations for the Wilton Department’s leasing regulations apply Rancheria, California. equally to improvements, leaseholds, and activities on land leased pursuant to DEPARTMENT OF THE INTERIOR II. Federal Preemption of State and Tribal leasing regulations approved Local Taxes under the HEARTH Act. Congress’s Bureau of Indian Affairs The Department’s regulations overarching intent was to ‘‘allow Tribes [201A2100DD/AAKC001030/ governing the surface leasing of trust to exercise greater control over their A0A501010.999900] and restricted Indian lands specify that, own land, support self-determination, subject to applicable Federal law, and eliminate bureaucratic delays that HEARTH Act Approval of Wilton permanent improvements on leased stand in the way of homeownership and Rancheria, California Business Site land, leasehold or possessory interests, economic development in Tribal Leasing Act and activities under the lease are not communities.’’ 158 Cong. Rec. H. 2682 subject to State and local taxation and (May 15, 2012). The HEARTH Act was AGENCY: Bureau of Indian Affairs, may be subject to taxation by the Indian intended to afford Tribes ‘‘flexibility to Interior. Tribe with jurisdiction. See 25 CFR adapt lease terms to suit [their] business ACTION: Notice. 162.017. As explained further in the and cultural needs’’ and to ‘‘enable preamble to the final regulations, the SUMMARY: The Bureau of Indian Affairs [Tribes] to approve leases quickly and Federal government has a strong interest (BIA) approved the Wilton Rancheria, efficiently.’’ H. Rep. 112–427 at 6 in promoting economic development, California (Tribe) leasing regulations (2012). self-determination, and Tribal Assessment of State and local taxes under the Helping Expedite and sovereignty. 77 FR 72440, 72447–48 would obstruct these express Federal Advance Responsible Tribal (December 5, 2012). The principles policies supporting Tribal economic Homeownership Act of 2012 (HEARTH supporting the Federal preemption of development and self-determination, Act). With this approval, the Tribe is State law in the field of Indian leasing and also threaten substantial Tribal authorized to enter into business leases and the taxation of lease-related interests in effective Tribal government, without further BIA approval. interests and activities applies with economic self-sufficiency, and territorial DATES: These regulations were approved equal force to leases entered into under autonomy. See Michigan v. Bay Mills on September 23, 2020. Tribal leasing regulations approved by Indian Community, 572 U.S. 782, 810 FOR FURTHER INFORMATION CONTACT: Ms. the Federal government pursuant to the (2014) (Sotomayor, J., concurring) Sharlene Round Face, Bureau of Indian HEARTH Act. (determining that ‘‘[a] key goal of the Affairs, Division of Real Estate Services, Section 5 of the Indian Reorganization Federal Government is to render Tribes [email protected], (505) Act, 25 U.S.C. 5108, preempts State and more self-sufficient, and better 563–3132. local taxation of permanent positioned to fund their own sovereign SUPPLEMENTARY INFORMATION: improvements on trust land. functions, rather than relying on Federal Confederated Tribes of the Chehalis funding’’). The additional costs of State I. Summary of the HEARTH Act Reservation v. Thurston County, 724 and local taxation have a chilling effect The HEARTH Act makes a voluntary, F.3d 1153, 1157 (9th Cir. 2013) (citing on potential lessees, as well as on a tribe alternative land leasing process Mescalero Apache Tribe v. Jones, 411 that, as a result, might refrain from available to Tribes, by amending the U.S. 145 (1973)). Similarly, section 5108 exercising its own sovereign right to Indian Long-Term Leasing Act of 1955, preempts State taxation of rent impose a Tribal tax to support its 25 U.S.C. 415. The HEARTH Act payments by a lessee for leased trust infrastructure needs. See id. at 810–11 authorizes Tribes to negotiate and enter lands, because ‘‘tax on the payment of (finding that State and local taxes into agricultural and business leases of rent is indistinguishable from an greatly discourage Tribes from raising Tribal trust lands with a primary term impermissible tax on the land.’’ See tax revenue from the same sources of 25 years, and up to two renewal terms Seminole Tribe of Florida v. Stranburg, because the imposition of double of 25 years each, without the approval 799 F.3d 1324, 1331, n.8 (11th Cir. taxation would impede Tribal economic of the Secretary of the Interior 2015). In addition, as explained in the growth). (Secretary). The HEARTH Act also preamble to the revised leasing Similar to BIA’s surface leasing authorizes Tribes to enter into leases for regulations at 25 CFR part 162, Federal regulations, Tribal regulations under the

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HEARTH Act pervasively cover all of the Secretary at 202–205–2000. This supplemental schedule is as aspects of leasing. See 25 U.S.C. General information concerning the follows: The deadline for filing 415(h)(3)(B)(i) (requiring Tribal Commission may also be obtained by supplemental party comments on regulations be consistent with BIA accessing its internet server (https:// Commerce’s final LTFV determination surface leasing regulations). www.usitc.gov). The public record for is September 29, 2020. Supplemental Furthermore, the Federal government this investigation may be viewed on the party comments may address only remains involved in the Tribal land Commission’s electronic docket (EDIS) Commerce’s final LTFV determination leasing process by approving the Tribal at https://edis.usitc.gov. regarding imports of glass containers leasing regulations in the first instance SUPPLEMENTARY INFORMATION: Effective from China. These supplemental final and providing technical assistance, February 24, 2020, the Commission comments may not contain new factual upon request by a Tribe, for the established a general schedule for the information and may not exceed five (5) development of an environmental conduct of the final phase of its pages in length. The supplemental staff review process. The Secretary also investigation on glass containers from report in the final phase of this retains authority to take any necessary China,1 following a preliminary investigation regarding subject LTFV actions to remedy violations of a lease determination by the U.S. Department of imports from China will be placed in or of the Tribal regulations, including Commerce (‘‘Commerce’’) that the nonpublic record on October 9, terminating the lease or rescinding countervailable subsidies were being 2020; and a public version will be approval of the Tribal regulations and provided to producers and exporters of issued thereafter. reassuming lease approval glass containers from China.2 Notice of For further information concerning responsibilities. Moreover, the Secretary the scheduling of the final phase of the this investigation see the Commission’s continues to review, approve, and Commission’s investigation and of a notice cited above and the monitor individual Indian land leases public hearing to be held in connection Commission’s Rules of Practice and and other types of leases not covered therewith was given by posting copies Procedure, part 201, subparts A and B under the Tribal regulations according of the notice in the Office of the (19 CFR part 201), and part 207, to the Part 162 regulations. Secretary, U.S. International Trade subparts A and C (19 CFR part 207). Accordingly, the Federal and Tribal Commission, Washington, DC, and by Additional written submissions to the interests weigh heavily in favor of publishing the notice in the Federal Commission, including requests preemption of State and local taxes on Register of March 6, 2020 (85 FR pursuant to section 201.12 of the lease-related activities and interests, 13183). In light of the restrictions on Commission’s rules, shall not be regardless of whether the lease is access to the Commission building due accepted unless good cause is shown for governed by Tribal leasing regulations to the COVID–19 pandemic, and in accepting such submissions, or unless or Part 162. Improvements, activities, accordance with 19 U.S.C. 1677c(a)(1), the submission is pursuant to a specific and leasehold or possessory interests the Commission conducted its hearing request by a Commissioner or may be subject to taxation by the Wilton scheduled for May 6, 2020 through Commission staff. Rancheria, California. submissions of written testimony and In accordance with sections 201.16(c) Tara Sweeney, written responses to questions, as well and 207.3 of the Commission’s rules, Assistant Secretary—Indian Affairs. as Commissioner questions and each document filed by a party to the answers, closing arguments, and [FR Doc. 2020–21370 Filed 9–25–20; 8:45 am] investigation must be served on all other rebuttal remarks via video conference; parties to the investigation (as identified BILLING CODE 4337–15–P all persons who requested the by either the public or BPI service list), opportunity were permitted to and a certificate of service must be participate. The Commission timely filed. The Secretary will not INTERNATIONAL TRADE subsequently determined that an accept a document for filing without a COMMISSION industry in the United States was not certificate of service. materially injured or threatened with [Investigation No. 731–TA–1462 (Final)] Authority: This investigation is being material injury by reason of subsidized conducted under authority of title VII of the 3 Glass Containers From China; imports of glass containers from China. Tariff Act of 1930; this notice is published Supplemental Schedule for the Final On September 18, 2020, Commerce pursuant to section 207.21 of the Phase of an Antidumping Duty determined that certain glass containers Commission’s rules. Investigation from China are being, or are likely to be, By order of the Commission. sold in the United States at less than fair Issued: September 22, 2020. AGENCY: United States International value (LTFV).4 Accordingly, the Trade Commission. Commission currently is issuing a Lisa Barton, ACTION: Notice. supplemental schedule for its Secretary to the Commission. antidumping duty investigation on [FR Doc. 2020–21297 Filed 9–25–20; 8:45 am] DATES: September 22, 2020. imports of glass containers from China. BILLING CODE 7020–02–P FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson (202–205– 1 Glass Containers From China; Scheduling of the 2542), Office of Investigations, U.S. Final Phase of Countervailing Duty Investigation, 85 INTERNATIONAL TRADE International Trade Commission, 500 E FR 13183, March 6, 2020. COMMISSION 2 Street SW, Washington, DC 20436. Certain Glass Containers From the People’s Republic of China: Preliminary Affirmative Notice of Receipt of Complaint; Hearing-impaired persons can obtain Countervailing Duty Determination, 85 FR 12256, Solicitation of Comments; Relating to information on this matter by contacting March 2, 2020. the Public Interest the Commission’s TDD terminal on 202– 3 Glass Containers from China, 85 FR 39932, July 2, 2020. 205–1810. Persons with mobility AGENCY: International Trade 4 Certain Glass Containers From the People’s impairments who will need special Republic of China: Final Affirmative Determination Commission. assistance in gaining access to the of Sales at Less Than Fair Value, 85 FR 58333, ACTION: Notice. Commission should contact the Office September 18, 2020.

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SUMMARY: Notice is hereby given that alleged infringing articles during the 60- stated above. Submissions should refer the U.S. International Trade day Presidential review period pursuant to the docket number (‘‘Docket No. Commission has received a complaint to 19 U.S.C. 1337(j). 3488’’) in a prominent place on the entitled Certain Artificial Eyelash Proposed respondents, other cover page and/or the first page. (See Extension Systems, Products, and interested parties, and members of the Handbook for Electronic Filing Components Thereof, DN 3488; the public are invited to file comments on Procedures, Electronic Filing Commission is soliciting comments on any public interest issues raised by the Procedures).1 Please note the Secretary’s any public interest issues raised by the complaint or § 210.8(b) filing. Office will accept only electronic filings Comments should address whether complaint or complainant’s filing during this time. Filings must be made issuance of the relief specifically pursuant to the Commission’s Rules of through the Commission’s Electronic requested by the complainant in this Practice and Procedure. Document Information System (EDIS, FOR FURTHER INFORMATION CONTACT: Lisa investigation would affect the public health and welfare in the United States, https://edis.usitc.gov). No in-person R. Barton, Secretary to the Commission, paper-based filings or paper copies of U.S. International Trade Commission, competitive conditions in the United States economy, the production of like any electronic filings will be accepted 500 E Street SW, Washington, DC until further notice. Persons with 20436, telephone (202) 205–2000. The or directly competitive articles in the questions regarding filing should public version of the complaint can be United States, or United States contact the Secretary atEDIS3Help@ accessed on the Commission’s consumers. Electronic Document Information In particular, the Commission is usitc.gov. System (EDIS) at https://edis.usitc.gov. interested in comments that: Any person desiring to submit a (i) Explain how the articles For help accessing EDIS, please email document to the Commission in potentially subject to the requested [email protected]. confidence must request confidential General information concerning the remedial orders are used in the United treatment. All such requests should be Commission may also be obtained by States; (ii) identify any public health, safety, directed to the Secretary to the accessing its internet server at United or welfare concerns in the United States Commission and must include a full States International Trade Commission relating to the requested remedial statement of the reasons why the (USITC) at https://www.usitc.gov. The orders; Commission should grant such public record for this investigation may (iii) identify like or directly treatment. See 19 CFR 201.6. Documents be viewed on the Commission’s competitive articles that complainant, for which confidential treatment by the Electronic Document Information its licensees, or third parties make in the Commission is properly sought will be System (EDIS) at https://edis.usitc.gov. United States which could replace the treated accordingly. All information, Hearing-impaired persons are advised subject articles if they were to be including confidential business that information on this matter can be excluded; information and documents for which obtained by contacting the (iv) indicate whether complainant, confidential treatment is properly Commission’s TDD terminal on (202) complainant’s licensees, and/or third sought, submitted to the Commission for 205–1810. party suppliers have the capacity to purposes of this Investigation may be SUPPLEMENTARY INFORMATION: The replace the volume of articles disclosed to and used: (i) By the Commission has received a complaint potentially subject to the requested Commission, its employees and Offices, and a submission pursuant to § 210.8(b) exclusion order and/or a cease and and contract personnel (a) for of the Commission’s Rules of Practice desist order within a commercially and Procedure filed on behalf of developing or maintaining the records reasonable time; and of this or a related proceeding, or (b) in Lashify, Inc. on September 10, 2020. (v) explain how the requested internal investigations, audits, reviews, The complaint alleges violations of remedial orders would impact United section 337 of the Tariff Act of 1930 (19 States consumers. and evaluations relating to the U.S.C. 1337) in the importation into the Written submissions on the public programs, personnel, and operations of United States, the sale for importation, interest must be filed no later than by the Commission including under 5 and the sale within the United States close of business, eight calendar days U.S.C. Appendix 3; or (ii) by U.S. after importation of certain artificial after the date of publication of this government employees and contract eyelash extension systems, products, notice in the Federal Register. There personnel,2 solely for cybersecurity and components thereof. The complaint will be further opportunities for purposes. All nonconfidential written names as respondents: KISS Nail comment on the public interest after the submissions will be available for public Products, Inc. of Port Washington, NY; issuance of any final initial inspection at the Office of the Secretary Ulta Beauty, Inc. of Bolingbrook, IL; determination in this investigation. Any and on EDIS.3 Walmart, Inc. of Bentonville, AR; CVS written submissions on other issues This action is taken under the Health Corporation of Woonsocket, RI; must also be filed by no later than the authority of section 337 of the Tariff Act Qingdao Hollyren Cosmetics Co., Ltd. d/ close of business, eight calendar days of 1930, as amended (19 U.S.C. 1337), b/a Hollyren of China; Qingdao Xizi after publication of this notice in the and of §§ 201.10 and 210.8(c) of the International Trading Co., Ltd. d/b/a Federal Register. Complainant may file Commission’s Rules of Practice and Xizi Lashes of China; Qingdao replies to any written submissions no Procedure (19 CFR 201.10, 210.8(c)). LashBeauty Cosmetic Co., Ltd. d/b/a later than three calendar days after the Worldbeauty of China; Alicia Zeng d/b/ date on which any initial submissions By order of the Commission. a Lilac St.; Artemis Family Beginnings, were due. Any submissions and replies Inc. of San Francisco, CA; and Rachael filed in response to this Notice are 1 Handbook for Electronic Filing Procedures: Gleason d/b/a Avant Garde Beauty Co. https://www.usitc.gov/documents/handbook_on_ limited to five (5) pages in length, _ of Dallas, TX. The complainant requests inclusive of attachments. filing procedures.pdf. 2 All contract personnel will sign appropriate that the Commission issue a general Persons filing written submissions nondisclosure agreements. exclusion order, cease and desist orders must file the original document 3 Electronic Document Information System and impose a bond upon respondents’ electronically on or before the deadlines (EDIS): https://edis.usitc.gov.

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Issued: September 10, 2020. management devices, other networking written submissions on other issues Lisa Barton, products, and hardware and software must also be filed by no later than the Secretary to the Commission. components thereof. The complaint close of business, eight calendar days [FR Doc. 2020–21291 Filed 9–25–20; 8:45 am] names as respondents: CommScope after publication of this notice in the BILLING CODE 7020–02–P Holding Company, Inc. of Hickory, NC; Federal Register. Complainant may file CommScope, Inc. of Hickory, NC; Arris replies to any written submissions no US Holdings, Inc. of Suwanee, GA; later than three calendar days after the INTERNATIONAL TRADE Ruckus Wireless, Inc. of Sunnyvale, CA; date on which any initial submissions COMMISSION Hewlett Packard Enterprise Co. of Palo were due. Any submissions and replies Alto, CA; Aruba Networks, Inc. of Santa filed in response to this Notice are Notice of Receipt of Complaint; Clara, CA; and Netgear, Inc. of San Jose, limited to five (5) pages in length, Solicitation of Comments Relating to CA. The complainant requests that the inclusive of attachments. the Public Interest Commission issue a limited exclusion Persons filing written submissions order, cease and desist orders, and AGENCY: U.S. International Trade must file the original document impose a bond to upon respondents’ Commission. electronically on or before the deadlines alleged infringing articles during the 60- stated above. Submissions should refer ACTION: Notice. day Presidential review period pursuant to the docket number (‘‘Docket No. SUMMARY: Notice is hereby given that to 19 U.S.C. 1337(j). 3493’’) in a prominent place on the the U.S. International Trade Proposed respondents, other cover page and/or the first page. (See Commission has received a complaint interested parties, and members of the Handbook for Electronic Filing entitled Certain Routers, Access Points, public are invited to file comments on Procedures, Electronic Filing Controllers, Network Management any public interest issues raised by the Procedures.) 1 Please note the Devices, Other Networking Products, complaint or § 210.8(b) filing. Secretary’s Office will accept only and Hardware and Software Comments should address whether electronic filings during this time. Components Thereof, DN 3493; the issuance of the relief specifically Filings must be made through the Commission is soliciting comments on requested by the complainant in this Commission’s Electronic Document any public interest issues raised by the investigation would affect the public Information System (EDIS, https:// complaint or complainant’s filing health and welfare in the United States, edis.usitc.gov.) No in-person paper- pursuant to the Commission’s Rules of competitive conditions in the United based filings or paper copies of any Practice and Procedure. States economy, the production of like electronic filings will be accepted until FOR FURTHER INFORMATION CONTACT: Lisa or directly competitive articles in the further notice. Persons with questions R. Barton, Secretary to the Commission, United States, or United States regarding filing should contact the U.S. International Trade Commission, consumers. Secretary at [email protected]. In particular, the Commission is 500 E Street SW, Washington, DC Any person desiring to submit a interested in comments that: document to the Commission in 20436, telephone (202) 205–2000. The (i) Explain how the articles public version of the complaint can be confidence must request confidential potentially subject to the requested treatment. All such requests should be accessed on the Commission’s remedial orders are used in the United Electronic Document Information directed to the Secretary to the States; Commission and must include a full System (EDIS) at https://edis.usitc.gov. (ii) identify any public health, safety, statement of the reasons why the For help accessing EDIS, please email or welfare concerns in the United States Commission should grant such [email protected]. relating to the requested remedial treatment. See 19 CFR 201.6. Documents General information concerning the orders; Commission may also be obtained by (iii) identify like or directly for which confidential treatment by the accessing its internet server at United competitive articles that complainant, Commission is properly sought will be States International Trade Commission its licensees, or third parties make in the treated accordingly. All information, (USITC) at https://www.usitc.gov. The United States which could replace the including confidential business public record for this investigation may subject articles if they were to be information and documents for which be viewed on the Commission’s excluded; confidential treatment is properly Electronic Document Information (iv) indicate whether complainant, sought, submitted to the Commission for System (EDIS) at https://edis.usitc.gov. complainant’s licensees, and/or third purposes of this Investigation may be Hearing-impaired persons are advised party suppliers have the capacity to disclosed to and used: (i) By the that information on this matter can be replace the volume of articles Commission, its employees and Offices, obtained by contacting the potentially subject to the requested and contract personnel (a) for Commission’s TDD terminal on (202) exclusion order and/or a cease and developing or maintaining the records 205–1810. desist order within a commercially of this or a related proceeding, or (b) in SUPPLEMENTARY INFORMATION: The reasonable time; and internal investigations, audits, reviews, Commission has received a complaint (v) explain how the requested and evaluations relating to the and a submission pursuant to § 210.8(b) remedial orders would impact United programs, personnel, and operations of of the Commission’s Rules of Practice States consumers. the Commission including under 5 and Procedure filed on behalf of Q3 Written submissions on the public U.S.C. Appendix 3; or (ii) by U.S. Networking LLC on September 22, 2020. interest must be filed no later than by government employees and contract The complaint alleges violations of close of business, eight calendar days personnel, 2 solely for cybersecurity section 337 of the Tariff Act of 1930 (19 after the date of publication of this purposes. All nonconfidential written U.S.C. 1337) in the importation into the notice in the Federal Register. There United States, the sale for importation, will be further opportunities for 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ and the sale within the United States comment on the public interest after the filing_procedures.pdf. after importation of certain routers, issuance of any final initial 2 All contract personnel will sign appropriate access points, controllers, network determination in this investigation. Any nondisclosure agreements.

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submissions will be available for public Organizations or members of the Report, Employment and Training inspection at the Office of the Secretary public wishing to submit a written Supplemental Budget Request and on EDIS.3 statement may do so on or before Activities.’’ This comment request is This action is taken under the Thursday, October 15, 2020, to Christine part of continuing Departmental efforts authority of section 337 of the Tariff Act Donahue, Executive Secretary, ERISA to reduce paperwork and respondent of 1930, as amended (19 U.S.C. 1337), Advisory Council. Statements should be burden in accordance with the and of §§ 201.10 and 210.8(c) of the transmitted electronically as an email Paperwork Reduction Act of 1995 Commission’s Rules of Practice and attachment in text or pdf format to (PRA). Procedure (19 CFR 201.10, 210.8(c)). [email protected]. Statements DATES: Consideration will be given to all By order of the Commission. transmitted electronically that are written comments received by Issued: September 23, 2020. included in the body of the email will November 27, 2020. not be accepted. Relevant statements Lisa Barton, received on or before October 15, 2020, ADDRESSES: A copy of this ICR with Secretary to the Commission. will be included in the record of the applicable supporting documentation, [FR Doc. 2020–21368 Filed 9–25–20; 8:45 am] meeting. No deletions, modifications, or including a description of the likely BILLING CODE 7020–02–P redactions will be made to the respondents, proposed frequency of statements received as they are public response, and estimated total burden, records. may be obtained free by contacting Jennifer Garrett by telephone at (202) DEPARTMENT OF LABOR Individuals or representatives of organizations wishing to address the 693–3114, TTY 1–877–889–5627 (these Employee Benefits Security ERISA Advisory Council should are not toll-free numbers), or by email Administration forward their requests to the Executive at [email protected]. Secretary no later than October 15, Submit written comments about, or 202nd Meeting of the Advisory Council 2020, via email to donahue.christine@ requests for a copy of, this ICR by mail on Employee Welfare and Pension dol.gov or by telephoning (202) 693– or courier to the U.S. Department of Benefit Plans; Notice of 8641. Oral presentations will be limited Labor, Employment and Training Teleconference Meeting to ten minutes, time permitting, but an Administration, Office of Unemployment Insurance, 200 Pursuant to the authority contained in extended statement may be submitted for the record. Constitution Avenue NW, Room S– Section 512 of the Employee Retirement 4524, Washington, DC 20210; by email: Income Security Act of 1974 (ERISA), 29 Individuals who need special accommodations should contact the [email protected]; or by fax U.S.C. 1142, the 202nd open meeting of 202–693–3229. the Advisory Council on Employee Executive Secretary no later than FOR FURTHER INFORMATION CONTACT: Welfare and Pension Benefit Plans (also October 15, 2020, via email to Jennifer Garrett by telephone at 202– known as the ERISA Advisory Council) [email protected] or by 693–3114 (this is not a toll-free number) will be held via a teleconference on telephoning (202) 693–8641. For more information about the or by email at Garrett.Jennifer.L@ Thursday, October 22, and Friday, meeting, contact the Executive Secretary dol.gov. October 23, 2020. via email to [email protected] The two-day meeting will begin at SUPPLEMENTARY INFORMATION: DOL, as or by telephoning (202) 693–8641. 9:00 a.m. and end at approximately 5:30 part of continuing efforts to reduce p.m. each day with a one-hour break for Signed at Washington, DC, this 21st day of paperwork and respondent burden, lunch. The purpose of the open meeting September, 2020. conducts a pre-clearance consultation is for Advisory Council members to hear Jeanne Klinefelter Wilson, program to provide the general public testimony from invited witnesses and to Acting Assistant Secretary, Employee Benefits and Federal agencies an opportunity to receive an update from the Employee Security Administration. comment on proposed and/or Benefits Security Administration [FR Doc. 2020–21307 Filed 9–25–20; 8:45 am] continuing collections of information (EBSA). BILLING CODE 4510–29–P before submitting them to the Office of The Advisory Council will study the Management and Budget (OMB) for final following topics: (1) Examining Top Hat approval. This program helps to ensure Plan Participation and Reporting, and DEPARTMENT OF LABOR requested data can be provided in the (2) Considerations for Recognizing and desired format, reporting burden (time Addressing Participants with Employment and Training and financial resources) is minimized, Diminished Capacity. Descriptions of Administration collection instruments are clearly understood, and the impact of collection these topics are available on the ERISA Agency Information Collection requirements can be properly assessed. Advisory Council’s web page at https:// Activities; Comment Request; The ETA National and Regional www.dol.gov/agencies/ebsa/about-ebsa/ Quarterly Narrative Progress Report, Offices use the Quarterly Narrative about-us/erisa-advisory-council. Employment and Training Progress Report, Employment and The agenda for the meeting, which Supplemental Budget Request Training Supplemental Budget Request will include the schedule of witness Activities testimony and the EBSA update, will be Activities, to monitor the progress of available on the ERISA Advisory ACTION: Notice. State Workforce Agencies (SWAs) in Council’s web page at https:// implementing supplemental grant www.dol.gov/agencies/ebsa/about-ebsa/ SUMMARY: The Department of Labor’s projects. ETA provides supplemental about-us/erisa-advisory-council (DOL) Employment and Training grants for SWAs to prevent and detect approximately one week prior to the Administration (ETA) is soliciting improper benefit payments, improve meeting. comments concerning a proposed state performance, and address outdated extension for the authority to conduct information technology (IT) system 3 Electronic Document Information System the information collection request (ICR) infrastructures. ETA implements these (EDIS): https://edis.usitc.gov. titled, ‘‘Quarterly Narrative Progress projects through Unemployment

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Insurance (UI) Supplemental Budget • Enhance the quality, utility, and DATES: This System of Records Notice Request (SBR) grants, Reemployment clarity of the information to be (SORN) is effective upon its publication Services and Eligibility Assessments collected; and in today’s Federal Register with the (RESEA) grants, and Dislocated Worker • Minimize the burden of the exception of the routine uses. The new Grants (DWGs) to states for collection of information on those who routine uses will not be effective until demonstration and special projects such are to respond, including through the October 28, 2020 pending public as Reemployment and Systems use of appropriate automated, comment. Comments on the new Integration (RSI). This information electronic, mechanical, or other routine uses or other aspects of the collection includes the funded project/ technological collection techniques or SORN must be submitted on or before activity, the targeted start and other forms of information technology, October 28, 2020. completion dates for the project/ (e.g., permitting electronic submission ADDRESSES: Submit your comments by activity, and the quarterly of responses). one of the following methods: implementation status. These data are Agency: DOL–ETA. Electronic Comments: Comments may needed for budget preparation and Type of Review: Extension without be sent via email to SORNComments@ control; program planning and Changes. oig.dol.gov. http://www.regulations.gov, evaluation; program monitoring, Title of Collection: Quarterly to submit comments on documents that oversight, and performance Narrative Progress Report, Employment agencies have published in the Federal accountability; actuarial and program and Training Supplemental Budget Register and that are open for comment. research; and for accounting to Congress Request Activities. Mail: Address written submissions and the public. Title III, Section Form: ETA 9178. (including disk and CD–ROM 303(a)(6) of the Social Security Act OMB Control Number: 1205–0517. submissions) to U.S. DOL Office of authorizes this information collection. Affected Public: State Workforce Inspector General, Office of This information collection is subject Agencies. Management and Policy, Attention: to the PRA. A Federal agency generally Estimated Number of Respondents: Chief, Branch of Database Management cannot conduct or sponsor a collection 57. and Applications, 200 Constitution of information, and the public is Frequency: Quarterly. Avenue NW, Washington, DC 20210. generally not required to respond to an Total Estimated Annual Responses: Instructions: Please submit only one information collection, unless it is 228. copy of your comments by only one approved by OMB under the PRA and Estimated Average Time per method. All submissions must include displays a currently valid OMB Control Response: 5 hours. the agency’s name and the Docket Number. In addition, notwithstanding Estimated Total Annual Burden Number 2020–0009. Please be advised any other provisions of law, no person Hours: 1,140 hours. that comments received will become a shall generally be subject to penalty for Total Estimated Annual Other Cost matter of public record and will be failing to comply with a collection of Burden: $0. posted without change to http:// information that does not display a www.regulations.gov, including any valid Control Number. See 5 CFR John Pallasch, personal information provided. 1320.5(a) and 1320.6. Assistant Secretary for Employment and Comments that are mailed must be Interested parties are encouraged to Training. received by the date indicated for provide comments to the contact shown [FR Doc. 2020–21309 Filed 9–25–20; 8:45 am] consideration. in the ADDRESSES section. Comments BILLING CODE 4510–FW–P Docket: For access to the docket to must be written to receive read background documents or consideration, and they will be comments, go to the Federal e- summarized and included in the request DEPARTMENT OF LABOR Rulemaking Portal at http:// for OMB approval of the final ICR. In [Docket No. DOL–2020–0009] www.regulations.gov. order to help ensure appropriate FOR FURTHER INFORMATION CONTACT: U.S. consideration, comments should Privacy Act of 1974; System of DOL Office of Inspector General, Office mention OMB control number 1205– Records 0517. of Management and Policy, Attention: Submitted comments will also be a AGENCY: Office of Inspector General Chief, Branch of Database Management matter of public record for this ICR and (OIG), United States Department of and Applications, John Birdsell, 200 posted on the internet, without Labor. Constitution Avenue NW, Washington, redaction. DOL encourages commenters ACTION: Notice of a new system of DC 20210. Telephone: 202–693–7055. not to include personally identifiable records. SUPPLEMENTARY INFORMATION: This new information, confidential business data, system of records is established for the or other sensitive statements/ SUMMARY: In accordance with the general purpose of enabling the information in any comments. Privacy Act of 1974, as amended Department’s Office of Inspector DOL is particularly interested in (‘‘Privacy Act’’), the U.S. Department of General (OIG) to fulfill its statutory comments that: Labor (‘‘Department’’) publishes this duties and responsibilities under the • Evaluate whether the proposed notice of a new system of records titled Inspector General Act of 1978, as collection of information is necessary ‘‘Office of Inspector General Warehouse amended, 5 U.S.C. Appendix 3 (‘‘IG for the proper performance of the and Learning System (OWLS),’’ DOL/ Act’’). The OIG conducts, supervises, functions of the agency, including OIG–12. This system will consist of data and coordinates audits, evaluations, whether the information will have that is already stored in departmental, reviews, and investigations relating to practical utility; state, and other Federal databases; and programs and operations of the • Evaluate the accuracy of the will aid in the furtherance of OIG’s Department. This system facilitates agency’s estimate of the burden of the statutory duties under the Inspector OIG’s performance by providing timely proposed collection of information, General Act of 1978 in the performance access to data that is already stored in including the validity of the of audits, evaluations, reviews, and departmental, state, and other Federal methodology and assumptions used; investigations. databases to which OIG has legal

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authorization to access and maintain. PURPOSE(S) OF THE SYSTEM: medical information, application The system allows OIG to monitor and The system will enable the OIG to information, payments, banking and manage large amounts of data for fulfill its statutory duties and financial information, contracts, loans, indicators and evidence of responsibilities; facilitate the OIG’s salary, travel, hearings, inquiries, inefficiencies, fraud, waste, abuse, or supervision and coordination of audits, investigations, audits, reviews, and criminal activity. evaluations, reviews, and investigations other records relevant to benefits or Pursuant to 5 U.S.C. 552a(j)(2), the of departmental programs and programs administered by the Department may exempt from a limited operations; conduct, supervise, and Department or associated Federal or number of Privacy Act requirements a coordinate relationships with other state programs. system of records that is maintained by Federal, state, and local agencies on RECORD SOURCE CATEGORIES: a component which performs as its matters relating to investigation, primary function any activity pertaining prosecution, oversight, or enforcement The new system will include records to the enforcement of criminal laws and of laws or regulations; promote obtained from systems of records which consists of information compiled economy and efficiency; and prevent already maintained by the Department, in furtherance of its functions. fraud and abuse in the Department’s state, or other Federal agencies. Additionally, pursuant to 5 U.S.C. programs and operations. The system ROUTINE USES OF RECORDS MAINTAINED IN THE 552a(k)(1) and (k)(2), through will use data that OIG has legal SYSTEM, INCLUDING CATEGORIES OF USERS AND rulemaking, the Department may authority to obtain and maintain to PURPOSES OF SUCH USES: exempt from a limited number of perform advanced statistical techniques, In addition to the disclosures Privacy Act requirements a system of data modeling for indications of fraud, permitted under 5 U.S.C. 522a(b), as records which are disclosed to waste, and abuse, and internal control well as those contained in the departmental officers and employees weaknesses. Department’s Universal Routine Uses of with a need for the record, or which Records, all or a portion of the records contains investigatory materials CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: or information in this system may be compiled for law enforcement purposes disclosed as a routine use under other than material within the scope of Individuals who have applied for or received benefits, grants, payments, circumstances described below. The 5 U.S.C. 552(j)(2). The materials in this OIG may disclose information contained system of records fall within the scope contracts, loans, and salary from the Department; those individuals who in a record in this system of records of sections 552a(j)(2), (k)(1) and (k)(2). without the consent of the individual if In accordance with 5 U.S.C. 522(r), the provided benefits or services under a departmental program; individuals who the disclosure is compatible with the Department provided a report to OMB purpose for which the OIG collected the and Congress on this new system. are associated with various state or Federal programs and whose actions record. SYSTEM NAME AND NUMBER: impact the Department; employees of (1) The OIG may disclose information Office of Inspector General the Department, consultants, from this system of records to other Warehouse and Learning System contractors, grantees, advisory public authorities responsible for (OWLS), DOL/OIG–12. committee members, and others who identifying fraud, waste, or abuse receive funds from the Department for related to the Department’s programs SECURITY CLASSIFICATION: performing services; U.S. employers and operations; to enforce, investigate, Unclassified. who seek to hire nonimmigrant aliens as prosecute, oversee, or assist in the enforcement of laws and regulations if SYSTEM LOCATION: workers in specialty occupations; persons receiving benefits from the the information is relevant to the Primary location: Offices in various functions and responsibilities of the OIG components within the U.S. Department Workers’ Compensation programs; individuals who have transacted with, or the receiving entity. of Labor, at the Frances Perkins (2) To disclose records to public and Building, 200 Constitution Avenue NW, utilized, are covered by a departmental component or program, and their private entities or individuals that the Washington, DC 20210, or other OIG has reason to believe possesses Department offices. Additionally, surviving spouses, children, dependent parents and siblings; individuals who information regarding a matter within duplicate versions of some or all system the jurisdiction of the OIG to obtain information may also be at satellite have transacted with, utilized, or are covered under a program of another information relevant to OIG functions locations where the OIG has granted and duties. The OIG may disclose direct access to support OIG operations, Federal or state agency that is associated with a departmental program, and their information from this system of records system backup, emergency as a routine use to public or private preparedness, and/or continuity of surviving spouses, children, dependent parents and siblings; individuals alleged sources to the extent necessary to obtain operations. To determine the location of information from those sources relevant particular program records, contact the to have violated laws, regulations, or policies relating to departmental to an OIG investigation, audit, system manager, listed in section inspection, or other inquiry or review. ‘‘SYSTEM MANAGER’’ below. programs; individuals involved with hearings or inquiries relating to (3) To disclose to the Council of SYSTEM MANAGER(S): departmental programs; and Federal Inspectors General for Integrity and U.S. DOL Office of Inspector General, employees who apply for and/or utilize Efficiency (CIGIE) or other Federal Office of Management and Policy, Government programs or receive or entities. OIG may disclose records as a Attention: Chief, Branch of Database expend funds in an official capacity for routine use to members and employees Management and Applications, 200 the Department. of the CIGIE or any successor entity, or Constitution Avenue NW, Washington, other Federal entity for the preparation CATEGORIES OF RECORDS IN THE SYSTEM: DC 20210. of reports to the President and Congress The system includes but is not limited on the activities of the Inspectors AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to names, social security numbers, date General, for the purpose of conducting The Inspector General Act of 1978, as of birth, address, telephone number, qualitative assessment reviews of the amended, 5 U.S.C. Appendix 3. email address, benefits information, investigative or audit operations of the

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OIG to ensure that adequate internal Government, is a party to litigation or information of an individual, safeguards and management procedures has an interest in such litigation, and by institution, or business. are maintained, or for the purpose of careful review, DOL determines that the POLICIES AND PRACTICES FOR RETENTION AND facilitating or aiding the functions and records are both relevant and necessary DISPOSAL OF RECORDS: responsibilities of the OIG. to the litigation, and the use of such (4) To disclose to a state, local, or records by the Department of Justice is Records are maintained and disposed other Federal agency considering for a purpose that is compatible with the of in accordance with the Department’s suspension or debarment action if the purpose for which DOL collected the Records Disposition Schedules information is relevant to the records. applicable to the aforementioned suspension or debarment action. The records. A new records retention and OIG also may disclose information to DISCLOSURE OF INFORMATION TO THE NATIONAL disposition schedule is under any Federal, state, or local agency to ARCHIVES AND RECORDS ADMINISTRATION development for this system of records. ROUTINE USE: gain information in support of the Until NARA approves a retention and Department’s own debarment and The following Universal Routine Use disposition schedule for these records, suspension actions. for DOL Privacy Act Systems applies: A the OIG will not destroy any records. record from a system of records (5) To disclose to complainants and/ ADMINISTRATIVE, TECHNICAL, AND PHYSICAL or victims. To the extent necessary to maintained by a DOL Agency may be SAFEGUARDS: disclosed as a routine use to the obtain information from such persons or OWLS is housed within a secure and National Archives and Records to provide information or explanations controlled data center, with access Administration for the purpose of on the progress of an investigation or restricted to authorized personnel. All records management inspections inquiry. data contained in the system is kept on conducted under authority of 44 U.S.C. (6) The OIG may disclose records as a secured and restricted non-pubic 2904 and 2906. a routine use to any Federal, state, local, network. The general public does not or foreign agency, or other public PRIVACY ACT ROUTINE USES REQUIRED TO have access to OWLS. All information authority, RESPOND TO A BREACH: stored in this system is secured by using a. if relevant to the prevention or (1) To appropriate agencies, entities, database encryption technology and is detection of fraud and abuse in benefit resistant to tampering and programs administered by any agency or and persons when (1) DOL suspects or has confirmed that there has been a circumvention by unauthorized users. public authority; or Access to data by all users is monitored b. if relevant to the collection of debts breach of the system of records,· (2) DOL has determined that as a result of the using both automated and manual or overpayments owed to any agency or controls. public authority. suspected or confirmed breach there is (7) The OIG may disclose records to a risk of harm to individuals, DOL RECORD ACCESS PROCEDURES: appropriate agencies, entities, and (including its information systems, A request for access should be mailed persons when it is suspected or programs, and operations), the Federal to the System Manager and comply with confirmed that the security or Government, or national security; and the requirements specified in 29 CFR confidentiality of information in this (3) the disclosure made to such 71.2. system has been compromised to assist agencies, entities, and persons is the OIG in responding to the suspected reasonably necessary to assist in CONTESTING RECORD PROCEDURES: or confirmed compromise and in connection with DOL efforts to respond A petition for amendment should be helping the OIG prevent, minimize, or to the suspected or confirmed breach or mailed to the System Manager and remedy such harm. to prevent, minimize, or remedy such comply with the requirements specified (8) To disclose to the National harm. in 29 CFR 71.9. Archives and Records Administration (2) To another Federal agency or NOTIFICATION PROCEDURES: for purposes of records management Federal entity, when DOL determines inspections conducted under the that information from this system of Inquiries should be mailed to the authority of 44 U.S.C. 2904 and 2906. records is reasonably necessary to assist System Manager and comply with the the recipient agency or entity in (1) requirements specified in 29 CFR 71. CONGRESSIONAL INQUIRIES DISCLOSURE ROUTINE responding to a suspected or confirmed EXEMPTIONS PROMULGATED FOR THE SYSTEM: USE: breach or (2) preventing, minimizing, or The following Universal Routine Use remedying the risk of harm to The system will consist of records for DOL Privacy Act Systems applies: individuals, the recipient agency or compiled from existing systems of Disclosure from a system of records entity (including its information records maintained by the Department maintained by a DOL Agency may be systems, programs, and operations), the and other Federal and state agencies. made to a Member of Congress or to a Federal Government, or national Pursuant to 5 U.S.C. 552a(j)(2), the Congressional staff member in response security, resulting from a suspected or Secretary, through rulemaking, plans to to an inquiry of the Congressional office confirmed breach. exempt the system from subsections made at the written request of the (c)(3) and (4); (d); (e)(1), (2), (3), (5) and constituent about whom the record is POLICIES AND PRACTICES FOR STORAGE OF (8); and (g) of the Privacy Act. maintained. RECORDS: Additionally, pursuant to 5 U.S.C. The records are primarily maintained 552a(k)(1) and (k)(2), the Secretary, DISCLOSURE TO THE DEPARTMENT OF JUSTICE in electronic form on encrypted through rulemaking, plans to exempt a FOR LITIGATION ROUTINE USE: magnetic disks, encrypted tape limited number of Privacy Act The following Universal Routine Use cartridges, and on electronic media. provisions. The OIG will continue to for DOL Privacy Act Systems applies: apply to individual records within the To the Department of Justice when: (a) POLICIES AND PRACTICES FOR RETRIEVAL OF system any Privacy Act exemptions DOL or any component thereof; or (b) RECORDS: which apply to the system(s) from any employee of DOL in his or her Records in this system of records may which the relevant record(s) originated. official capacity; or (c) the United States be retrieved by any identifying The Privacy Act Systems of Records

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Notices which describe in detail the information collection; and (5) ways to PFEI. They provide a monthly, exemptions claimed for each DOL minimize the burden of the collection of nationally representative measure of system from which OWLS records will information on those who are to total employment, including farm work, be derived can be found online at the respond, including the use of automated self-employment, and unpaid family following Web address: https:// collection techniques or other forms of work; other surveys are generally www.dol.gov/sol/privacy. information technology. restricted to the nonagricultural wage and salary sector, or provide less timely HISTORY: The CPS has been the principal information. The CPS provides data on None. source of the official Government statistics on employment and all job seekers, and on all persons Dated: September 22, 2020. unemployment for over 75 years. The outside the labor force, while payroll- Bryan Slater, labor force information gathered based surveys cannot, by definition, Assistant Secretary for Administration & through the survey is of paramount cover these sectors of the population. Management. importance in keeping track of the Finally, the CPS data on employment, [FR Doc. 2020–21279 Filed 9–25–20; 8:45 am] economic health of the Nation. The unemployment, and on persons not in BILLING CODE 4510–04–P survey is the only source of monthly the labor force can be linked to the data on total employment and demographic characteristics of the many unemployment. The Employment groups that make up the Nation’s DEPARTMENT OF LABOR Situation news release contains data population, while the data from other from this survey and is designated as a surveys often have limited demographic Office of the Secretary Principal Federal Economic Indicator information. Many groups, both in the Agency Information Collection (PFEI). Moreover, the survey also yields government and in the private sector, Activities; Submission for OMB data on the characteristics of persons are eager to analyze this wealth of Review; Comment Request; Current not in the labor force. The CPS data are demographic and labor force data. For Population Survey—Basic Labor Force used monthly, in conjunction with data additional substantive information from other sources, to analyze the extent about this ICR, see the related notice ACTION: Notice of availability; request to which, and with what success, the published in the Federal Register on for comments. various components of the American May 18, 2020 (85 FR 29749). population are participating in the This information collection is subject SUMMARY: The Department of Labor economic life of the Nation. The labor to the PRA. A Federal agency generally (DOL) is submitting this Bureau of Labor force data gathered through the CPS are cannot conduct or sponsor a collection Statistics (BLS)-sponsored information provided to users in the greatest detail of information, and the public is collection request (ICR) to the Office of possible, in conjunction with the generally not required to respond to an Management and Budget (OMB) for demographic information obtained in information collection, unless the OMB review and approval in accordance with the survey. In brief, the labor force data approves it and displays a currently the Paperwork Reduction Act of 1995 can be broken down by sex, age, race, valid OMB Control Number. In addition, (PRA). Public comments on the ICR are ethnicity, marital status, family notwithstanding any other provisions of invited. composition, educational level, law, no person shall generally be subject DATES: The OMB will consider all certification and licensing status, to penalty for failing to comply with a written comments that agency receives disability status, and other collection of information that does not on or before October 28, 2020. characteristics. Through such display a valid OMB Control Number. ADDRESSES: Written comments and breakdowns, one can focus on the See 5 CFR 1320.5(a) and 1320.6. recommendations for the proposed employment situation of specific DOL seeks PRA authorization for this information collection should be sent population groups as well as on general information collection for three (3) within 30 days of publication of this trends in employment and years. OMB authorization for an ICR notice to www.reginfo.gov/public/do/ unemployment. Information of this type cannot be for more than three (3) years PRAMain. Find this particular can be obtained only through without renewal. The DOL notes that information collection by selecting demographically oriented surveys such information collection requirements ‘‘Currently under 30-day Review—Open as the CPS. The basic CPS data also are submitted to the OMB for existing ICRs for Public Comments’’ or by using the used as an important platform on which receive a month-to-month extension search function. to base the data derived from the while they undergo review. FOR FURTHER INFORMATION CONTACT: various supplemental questions that are Agency: DOL–BLS. Anthony May by telephone at 202–693– administered in conjunction with the 4129 (this is not a toll-free number) or survey. By coupling the basic data from Title of Collection: Current Population by email at [email protected]. the monthly survey with the special Survey—Basic Labor Force. SUPPLEMENTARY INFORMATION: Comments data from the supplements, one can get OMB Control Number: 1220–0100. are invited on: (1) Whether the valuable insights on the behavior of Affected Public: Individuals and collection of information is necessary American workers and on the social and households. for the proper performance of the economic health of their families. There Total Estimated Number of functions of the Department, including is wide interest in the monthly CPS data Respondents: 49,500 (per month)/ whether the information will have among Government policymakers, 549,000 (per year). practical utility; (2) if the information legislators, economists, the media, and Total Estimated Number of will be processed and used in a timely the general public. While the data from Responses: 594,000. manner; (3) the accuracy of the agency’s the CPS are used in conjunction with Total Estimated Annual Time Burden: estimates of the burden and cost of the data from other surveys in assessing the 85,140 hours. collection of information, including the economic health of the Nation, they are validity of the methodology and unique in various ways. Specifically, Total Estimated Annual Other Costs assumptions used; (4) ways to enhance they are the basis for much of the Burden: $0. the quality, utility and clarity of the monthly Employment Situation report, a Authority: 44 U.S.C. 3507(a)(1)(D).

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Dated: September 22, 2020. employer) burden, conducts a information collection, unless the OMB Anthony May, preclearance consultation program to approves it and displays a currently Management and Program Analyst. provide the public with an opportunity valid OMB Control Number. In addition, [FR Doc. 2020–21301 Filed 9–25–20; 8:45 am] to comment on proposed and notwithstanding any other provisions of BILLING CODE 4510–24–P continuing information collection law, no person shall generally be subject requirements in accordance with the to penalty for failing to comply with a Paperwork Reduction Act (PRA) (44 collection of information that does not DEPARTMENT OF LABOR U.S.C. 3506(c)(2)(A)). This program display a valid OMB Control Number. ensures that information is in the See 5 CFR 1320.5(a) and 1320.6. Office of the Secretary desired format, reporting burden (time DOL seeks PRA authorization for this and costs) is minimal, collection information collection for three (3) Agency Information Collection instruments are clearly understood, and years. OMB authorization for an ICR Activities; Submission for OMB OSHA’s estimate of the information cannot be for more than three (3) years Review; Comment Request; Ethylene collection burden is accurate. The without renewal. The DOL notes that Oxide Standard Occupational Safety and Health Act of information collection requirements ACTION: Notice of availability; request 1970 (the OSH Act) (29 U.S.C. 651 et submitted to the OMB for existing ICRs for comments. seq.) authorizes information collection receive a month-to-month extension by employers as necessary or while they undergo review. SUMMARY: The Department of Labor appropriate for enforcement of the OSH Agency: DOL–OSHA. (DOL) is submitting this Occupational Act or for developing information Title of Collection: Ethylene Oxide Safety and Health Administration regarding the causes and prevention of Standard. (OSHA)-sponsored information occupational injuries, illnesses, and OMB Control Number: 1218–0108. collection request (ICR) to the Office of accidents (29 U.S.C. 657). The OSH Act Affected Public: Private Sector: Management and Budget (OMB) for also requires that OSHA obtain such Businesses or other for-profits. review and approval in accordance with information with minimum burden Total Estimated Number of the Paperwork Reduction Act of 1995 upon employers, especially those Respondents: 2,085. (PRA). Public comments on the ICR are operating small businesses, and to Total Estimated Number of invited. reduce to the maximum extent feasible Responses: 112,013. DATES: The OMB will consider all unnecessary duplication of efforts in Total Estimated Annual Time Burden: written comments that agency receives obtaining information (29 U.S.C. 657). 31,257 hours. on or before October 28, 2020. The EtO Standard (29 CFR 1910.1047) Total Estimated Annual Other Costs ADDRESSES: Written comments and specifies a number of paperwork Burden: $4,970,808. recommendations for the proposed requirements. The following is a brief Authority: 44 U.S.C. 3507(a)(1)(D). description of the collection of information collection should be sent Dated: September 21, 2020. within 30 days of publication of this information requirements contained in Anthony May, notice to www.reginfo.gov/public/do/ the standard. The information collection PRAMain. Find this particular requirements specified in the Ethylene Management and Program Analyst. information collection by selecting Oxide Standard protect workers from [FR Doc. 2020–21304 Filed 9–25–20; 8:45 am] ‘‘Currently under 30-day Review—Open the adverse health effects that may BILLING CODE 4510–26–P for Public Comments’’ or by using the result from occupational exposure to search function. ethylene oxide. The principal DEPARTMENT OF LABOR FOR FURTHER INFORMATION CONTACT: information collection requirements in Anthony May by telephone at 202–693– the EtO Standard include conducting Mine Safety and Health Administration 4129 (this is not a toll-free number) or worker exposure monitoring, notifying by email at [email protected]. workers of the exposure, implementing [OMB Control No. 1219–0127] a written compliance program, and SUPPLEMENTARY INFORMATION: Comments Proposed Extension of Information are invited on: (1) Whether the implementing medical surveillance of workers. Also, the examining physician Collection; Certification and collection of information is necessary Qualification To Examine, Test, for the proper performance of the must provide specific information to ensure that workers receive a copy of Operate Hoists and Perform Other functions of the Department, including Duties whether the information will have their medical examination results. The practical utility; (2) if the information employer must maintain exposure AGENCY: Mine Safety and Health will be processed and used in a timely monitoring and medical records for Administration, Labor. specific periods, and provide access to manner; (3) the accuracy of the agency’s ACTION: Request for public comments. estimates of the burden and cost of the these records by OSHA, the National collection of information, including the Institute for Occupational Safety and SUMMARY: The Department of Labor, as validity of the methodology and Health, the affected workers, and their part of its continuing effort to reduce assumptions used; (4) ways to enhance authorized representatives and other paperwork and respondent burden, the quality, utility and clarity of the designated parties. For additional conducts a pre-clearance consultation information collection; and (5) ways to substantive information about this ICR, program to provide the general public minimize the burden of the collection of see the related notice published in the and Federal agencies with an information on those who are to Federal Register on May 27, 2020 (85 opportunity to comment on proposed respond, including the use of automated FR 31812). collections of information in accordance collection techniques or other forms of This information collection is subject with the Paperwork Reduction Act of information technology. to the PRA. A Federal agency generally 1995. This program helps to ensure that The Department of Labor, as part of cannot conduct or sponsor a collection requested data can be provided in the the continuing effort to reduce of information, and the public is desired format, reporting burden (time paperwork and respondent (i.e., generally not required to respond to an and financial resources) is minimized,

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collection instruments are clearly safety and health of miners. Further, 5000–41, Safety & Health Activity understood, and the impact of collection section 101(a) of the Mine Act, 30 U.S.C. Certification or Hoisting Engineer requirements on respondents can be 811(a), authorizes the Secretary of Labor Qualification Request provides the coal properly assessed. Currently, the Mine (Secretary) to develop, promulgate, and mining industry with a standardized Safety and Health Administration revise as may be appropriate, improved reporting format that expedites the (MSHA) is soliciting comments on the mandatory health or safety standards for certification and qualification process information collection for Certification the protection of life and prevention of while ensuring compliance with the and Qualification to Examine, Test, injuries in coal or other mines. regulations. MSHA uses the information Operate Hoists and Perform Other Under section 103(a) of the Mine Act, collected through this form to determine Duties. authorized representatives of the if applicants satisfy the requirements to Secretary or Secretary of Health and DATES: All comments must be received obtain the certification or qualification Human Services must make frequent on or before November 27, 2020. sought. Persons must meet certain inspections and investigations in coal or minimum experience requirements ADDRESSES: You may submit comment other mines each year for the purpose of as follows. Please note that late, depending on the type of certification or gathering information with respect to qualification sought. untimely filed comments will not be mandatory health or safety standards. considered. Title 30 Code of Federal Regulations II. Desired Focus of Comments Electronic Submissions: Submit (CFR) 75.159 and 77.106 require coal electronic comments in the following MSHA is soliciting comments mine operators to maintain a list of concerning the proposed information way: persons who are certified and qualified • Federal eRulemaking Portal: collection related to Certification and to perform duties under 30 CFR parts 75 Qualification to Examine, Test, Operate https://www.regulations.gov. Follow the and 77, such as examining for instructions for submitting comments Hoists and Perform Other Duties. MSHA hazardous conditions, testing for is particularly interested in comments for docket number MSHA–2020–0030. methane and oxygen deficiency, Comments submitted electronically, that: conducting tests of air flow, performing • Evaluate whether the collection of including attachments, to https:// electrical work, repairing energized www.regulations.gov will be posted to information is necessary for the proper surface high-voltage lines, and performance of the functions of the the docket, with no changes. Because performing the duties of hoisting your comment will be made public, you Agency, including whether the engineer. This information collection is information has practical utility; are responsible for ensuring that your necessary to ensure that only persons • Evaluate the accuracy of MSHA’s comment does not include any who are properly trained and estimate of the burden of the collection confidential information that you or a sufficiently experienced are permitted of information, including the validity of third party may not wish to be posted, to perform these duties. Although such as your or anyone else’s Social the methodology and assumptions used; MSHA does not specify a format for the • Security number or confidential recordkeeping, it normally consists of Suggest methods to enhance the business information. the names of the certified and qualified quality, utility, and clarity of the • If you want to submit a comment information to be collected; and persons listed in two columns on a • with confidential information that you sheet of paper. One column is for Minimize the burden of the do not wish to be made available to the certified persons and the other is for collection of information on those who public, submit the comment as a qualified persons. are to respond, including through the written/paper submission. Sections 75.100 and 77.100 pertain to use of appropriate automated, Written/Paper Submissions: Submit the certification of certain persons to electronic, mechanical, or other written/paper submissions in the perform specific examinations and tests. technological collection techniques or following way: other forms of information technology, • Sections 75.155 and 77.105 outline the Mail/Hand Delivery: Mail or visit requirements necessary to be qualified e.g., permitting electronic submission of DOL–MSHA, Office of Standards, as a hoisting engineer or hoistman. responses. Regulations, and Variances, 201 12th Under sections 75.160, 75.161, 77.107, Background documents related to this Street South, Suite 4E401, Arlington, and 77.107–1, the mine operator must information collection request are VA 22202–5452. have an approved training plan available at https://regulations.gov and • MSHA will post your comment as developed to train and retrain the in DOL–MSHA located at 201 12th well as any attachments, except for qualified and certified persons to Street South, Suite 4E401, Arlington, information submitted and marked as effectively perform their tasks. VA 22202–5452. Questions about the confidential, in the docket at https:// These regulations recognize State information collection requirements www.regulations.gov. certification and qualification programs. may be directed to the person listed in FOR FURTHER INFORMATION CONTACT: However, where State programs are not the FOR FURTHER INFORMATION CONTACT Roslyn Fontaine, Deputy Director, available, MSHA may certify and section of this notice from the previous Office of Standards, Regulations, and qualify miners to carry out certain collection of information. Variances, MSHA, at functions prescribed in the Mine Act. III. Current Actions [email protected] Under this program, MSHA will (email); (202) 693–9440 (voice); or (202) qualify or certify individuals if these This information collection request 693–9441 (facsimile). individuals meet the requirements for concerns provisions for Certification SUPPLEMENTARY INFORMATION: qualification or certification, fulfill any and Qualification to Examine, Test, applicable retraining requirements, and Operate Hoists and Perform Other I. Background remain employed at the same mine or Duties. MSHA has updated the data Section 103(h) of the Federal Mine by the same independent contractor. with respect to the number of Safety and Health Act of 1977 (Mine Applications for MSHA qualification respondents, responses, burden hours, Act), 30 U.S.C. 813(h), authorizes or certification are submitted to the and burden costs supporting this MSHA to collect information necessary MSHA Qualification and Certification information collection request from the to carry out its duty in protecting the Unit in Denver, Colorado. MSHA Form previous information collection request.

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Type of Review: Extension, without Communications, phone: (202) 693– These pages are available from the change, of a currently approved 1999; email: [email protected]. agency’s website at http:// collection. General and technical information: www.osha.gov/dts/otpca/nrtl/ Agency: Mine Safety and Health Contact Mr. Kevin Robinson, Director, index.html. Administration. Office of Technical Programs and MET submitted two applications, one OMB Number: 1219–0127. Coordination Activities, Directorate of Affected Public: Business or other for- dated June 28, 2018 (OSHA–2006– Technical Support and Emergency 0028–0066), and another dated January profit. Management, Occupational Safety and Number of Respondents: 674. 14, 2019 (OSHA–2006–0028–0067). The Health Administration, U.S. Department applications seek to expand MET’s Frequency: On occasion. of Labor, phone: (202) 693–2110; email: Number of Responses: 3,259. scope of recognition to include two Annual Burden Hours: 330 hours. [email protected]. OSHA’s web additional test standards. OSHA staff Annual Respondent or Recordkeeper page includes information about the performed a detailed analysis of the Cost: $56.10. NRTL Program (see http:// applications and reviewed other MSHA Forms: MSHA Form 5000–41, www.osha.gov/dts/otpca/nrtl/ pertinent information. OSHA did not Safety and Health Activity Certification index.html). perform any on-site reviews in relation or Hoisting Engineers Qualification SUPPLEMENTARY INFORMATION: to these applications. Request Form. OSHA published the preliminary Comments submitted in response to I. Notice of Final Decision notice announcing MET’s expansion this notice will be summarized in the OSHA hereby gives notice of the applications in the Federal Register on request for Office of Management and expansion of the scope of recognition of February 21, 2020 (85 FR 10192). The Budget approval of the proposed MET Laboratories, Inc. (MET), as a agency requested comments by March 9, information collection request; they will NRTL. MET’s expansion covers the 2020, and received no comments in become a matter of public record and addition of two test standards to the response to the preliminary notice. will be available at https:// scope of recognition. OSHA now is proceeding with this final www.reginfo.gov. OSHA recognition of a NRTL signifies notice to grant expansion of MET’s Roslyn B. Fontaine, that the organization meets the scope of recognition. requirements specified by 29 CFR Certifying Officer. 1910.7. Recognition is an To obtain or review copies of all [FR Doc. 2020–21303 Filed 9–25–20; 8:45 am] acknowledgment that the organization public documents pertaining to MET’s BILLING CODE 4510–43–P can perform independent safety testing applications, go to www.regulations.gov and certification of the specific products or contact the Docket Office, covered within the scope of recognition Occupational Safety and Health DEPARTMENT OF LABOR and is not a delegation or grant of Administration, U.S. Department of government authority. As a result of Labor, 200 Constitution Avenue NW, Occupational Safety and Health Room N–3655, Washington, DC 20210; Administration recognition, employers may use products properly approved by the telephone (202) 693–2350. Docket No. [Docket No. OSHA–2006–0028] NRTL to meet OSHA standards that OSHA–2006–0028 contains all materials require testing and certification of the in the record concerning MET’s MET Laboratories, Inc.: Grant of products. recognition. Expansion of Recognition The agency processes applications by II. Final Decision and Order AGENCY: Occupational Safety and Health a NRTL for initial recognition, or for Administration (OSHA), Labor. expansion or renewal of this OSHA examined MET’s expansion ACTION: Notice. recognition, following requirements in applications, the capability to meet the Appendix A to 29 CFR 1910.7. This requirements of the test standards, and SUMMARY: In this notice, OSHA appendix requires that the agency other pertinent information. Based on announces the final decision to expand publish two notices in the Federal the review of this evidence, OSHA finds the scope of recognition for MET Register in processing an application. In that MET meets the requirements of 29 Laboratories, Inc., as a Nationally the first notice, OSHA announces the CFR 1910.7 for expansion of the scope Recognized Testing Laboratory (NRTL). application and provides the of recognition, subject to conditions DATES: The expansion of the scope of preliminary finding and, in the second listed below. OSHA, therefore, is recognition becomes effective on notice, the agency provides the final proceeding with this final notice to September 28, 2020. decision on the application. These grant expansion of MET’s scope of FOR FURTHER INFORMATION CONTACT: notices set forth the NRTL’s scope of recognition. OSHA limits the expansion Information regarding this notice is recognition or modifications of that of MET’s scope of recognition to testing available from the following sources: scope. OSHA maintains an and certification of products for Press inquiries: Contact Mr. Frank informational web page for each NRTL demonstration of conformance to the Meilinger, Director, OSHA Office of that details the scope of recognition. test standards listed in Table 1.

TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN MET’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title

UL 60335–2–24 ... Household and Similar Electrical Appliances—Safety—Part 2–24: Particular Requirements for Refrigerating Appliances, Ice- Cream Appliances and Ice-Makers. UL 60079–18 ...... Explosive Atmospheres—Part 18: Equipment Protection by Encapsulation ‘‘m’’.

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OSHA’s recognition of any NRTL for Signed at Washington, DC, on September accommodations (e.g., a transcript), a particular test standard is limited to 22, 2020. email [email protected] or call equipment or materials for which OSHA Loren Sweatt, 202.741.5770. Members of the media standards require third-party testing and Principal Deputy Assistant Secretary of Labor who wish to register, those who are certification before using them in the for Occupational Safety and Health. unable to register online, and those who workplace. Consequently, if a test [FR Doc. 2020–21278 Filed 9–25–20; 8:45 am] require special accommodations, should standard also covers any products for BILLING CODE 4510–26–P contact Martha Murphy (contact which OSHA does not require such information listed above). testing and certification, a NRTL’s scope Maureen McDonald, NATIONAL ARCHIVES AND RECORDS of recognition does not include these Designated Committee Management Officer. ADMINISTRATION products. [FR Doc. 2020–21373 Filed 9–25–20; 8:45 am] The American National Standards Office of Government Information BILLING CODE 7515–01–P Institute (ANSI) may approve the test Services standards listed above as American National Standards. However, for [NARA–2020–065] NATIONAL SCIENCE FOUNDATION convenience, OSHA may use the Chief Freedom of Information Act Advisory Committee for Engineering; designation of the standards-developing (FOIA) Officers Council; Notice of a Notice of Meeting organization for the standard as opposed Meeting to the ANSI designation. Under the In accordance with the Federal AGENCY: NRTL Program’s policy (see OSHA Office of Government Advisory Committee Act (Pub. L. 92– Instruction CPL 1–0.3, Appendix C, Information Services (OGIS), National 463, as amended), the National Science paragraph XIV), any NRTL recognized Archives and Records Administration Foundation (NSF) announces the for a particular test standard may use (NARA), and Office of Information following meeting: either the proprietary version of the test Policy (OIP), U.S. Department of Justice (DOJ). Name and Committee Code: Advisory standard or the ANSI version of that Committee for Engineering #1170. standard. Contact ANSI to determine ACTION: Notice of meeting. Date and Time: October 21, 2020: whether a test standard is currently SUMMARY: We are announcing 2020’s 10:30 a.m. to 5:00 p.m.; October 22, ANSI-approved. annual meeting of the Chief Freedom of 2020: 10:30 a.m. to 4:30 p.m. Place: National Science Foundation, A. Conditions Information Act (FOIA) Officers Council, co-chaired by the Director of 2415 Eisenhower Avenue, Alexandria, In addition to those conditions OGIS and the Director of OIP. Virginia 22314 (Virtual). Type of Meeting: Open. already required by 29 CFR 1910.7, MET DATES: The meeting will be on must abide by the following conditions Contact Person: Evette Rollins, Wednesday, October 14, 2020, from 10 [email protected]; 703–292–8300; The of the recognition: a.m. to 12:30 p.m. EDT. Please register forthcoming virtual meeting information 1. MET must inform OSHA as soon as for the meeting no later than 11:59 p.m. and an updated agenda will be posted possible, in writing, of any change of EDT on Monday, October 12, 2020 at https://www.nsf.gov/events/event_ ownership, facilities, or key personnel, (registration information is detailed summ.jsp?cntn_id=301077&org=ENG. and of any major change in the below). Purpose of Meeting: To provide operations as a NRTL, and provide Location: The October 14, 2020, advice, recommendations and counsel details of the change(s); meeting will be a virtual meeting. We on major goals and policies pertaining will send access instructions to those to engineering programs and activities. 2. MET must meet all the terms of the who register according to the recognition and comply with all OSHA instructions below. Agenda policies pertaining to this recognition; FOR FURTHER INFORMATION CONTACT: Wednesday, October 21, 2020 and Martha Murphy by email at ogis@ • 3. MET must continue to meet the nara.gov with the subject line ‘‘Chief Directorate for Engineering Report • NSF Budget Update requirements for recognition, including FOIA Officers Council’’ or by telephone • Report and Recommendations From at 202.741.5770. all previously published conditions on Subcommittee on the SBIR/STTR MET’s scope of recognition, in all areas SUPPLEMENTARY INFORMATION: This Program for which it has recognition. meeting is open to the public in • Black Lives in Engineering Panel Pursuant to the authority in 29 CFR accordance with the Freedom of • E4USA Update 1910.7, OSHA hereby expands the scope Information Act (5 U.S.C. 552(k)). • Division of Industrial Innovation and of recognition of MET, subject to the Additional details about the meeting Partnerships (IIP) Overview conditions specified above. will be available on OGIS’s website at • IIP Committee of Visitors (COV) https://www.archives.gov/ogis/about- Report III. Authority and Signature ogis/chief-foia-officers-council and • Research Translation OIP’s website at https:// • Preparation for Discussion with the Loren Sweatt, Principal Deputy www.justice.gov/oip/chief-foia-officers- Director’s Office Assistant Secretary of Labor for council. Occupational Safety and Health, Procedures: This virtual meeting is Thursday, October 22, 2020 authorized the preparation of this open to the public. You must register • Broader Impacts notice. Accordingly, the agency is through Eventbrite in advance if you • Perspectives From the Director’s issuing this notice pursuant to 29 U.S.C. wish to attend and/or submit oral Office 657(g)(2), Secretary of Labor’s Order No. statements. You must also include an • Reports From Advisory Committee 1–2012 (77 FR 3912, Jan. 25, 2012), and email address so that we can provide Liaisons 29 CFR 1910.7. you access information. To request • NSF Response to COVID–19 Situation

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• Roundtable on Strategic ‘‘Begin Web-based ADAMS Search.’’ For 55.59(a)(1), 10 CFR 55.59(a)(2), and 10 Recommendations for ENG problems with ADAMS, please contact CFR 55.59(c)(1)). The exemption from Dated: September 23, 2020. the NRC’s Public Document Room the requalification program Crystal Robinson, reference staff at 1–800–397–4209, 301– requirements provides increased 415–4737, or by email to pdr.resource@ scheduling flexibility to manage Committee Management Officer. nrc.gov. conditions resulting from the COVID–19 [FR Doc. 2020–21340 Filed 9–25–20; 8:45 am] For the convenience of the reader, PHE by allowing NextEra Energy Point BILLING CODE 7555–01–P instructions about obtaining materials Beach, LLC to reduce the possibility of referenced in this document are exposures associated with groups of provided in the ‘‘Availability of people gathered in a single location, as NUCLEAR REGULATORY Documents’’ section. discussed above. COMMISSION FOR FURTHER INFORMATION CONTACT: The exemptions from certain [Docket Nos. 50–454; 50–455; 50–461; 50– James Danna, Office of Nuclear Reactor requirements of 10 CFR part 73 for 298; 50–237; 50–249; 50–333; 50–321; 50– Regulation, U.S. Nuclear Regulatory Exelon Generation Company, LLC (for 348; 50–366; 50–364; 50–354; 50–272; 50– Commission, Washington, DC 20555– Byron Station, Unit Nos. 1 and 2; 311; 50–373; 50–374; 50–352; 50–353; 50– 0001; telephone: 301–415–7422, email: Clinton Power Station, Unit No. 1; 220; 50–410; 50–255; 50–266; 50–301; 50– [email protected]. Dresden Nuclear Power Station, Units 2 254; 50–265; 50–382; NRC–2020–0110] SUPPLEMENTARY INFORMATION: and 3; LaSalle County Station, Units 1 and 2; Limerick Generating Station, Issuance of Multiple Exemptions in I. Introduction Response to COVID–19 Public Health Units 1 and 2; Nine Mile Point Nuclear Emergency During the period from August 3, Station, Units 1 and 2; Quad Cities 2020, to August 28, 2020, the NRC Nuclear Power Station, Units 1 and 2); AGENCY: Nuclear Regulatory granted 15 exemptions in response to Entergy Nuclear Operations, Inc. (for Commission. requests submitted by licensees from Palisades Nuclear Plant); Nebraska ACTION: Exemptions; issuance. June 24, 2020, to August 20, 2020. These Public Power District (for Cooper exemptions temporarily allow the Nuclear Station); Southern Nuclear SUMMARY: The U.S. Nuclear Regulatory licensees to deviate from certain Operating Company, Inc. (for Edwin I. Commission (NRC) issued 15 requirements (as cited below) of various Hatch Nuclear Plant, Unit Nos. 1 and 2; exemptions in response to requests from parts of chapter I of title 10 of the Code and Joseph M. Farley Nuclear Plant, 7 licensees. The exemptions afford these of Federal Regulations (10 CFR). Units 1 and 2); PSEG Nuclear LLC (for licensees temporary relief from certain The exemptions from certain Hope Creek Generating Station and requirements under NRC regulations. requirements of 10 CFR part 26, Salem Nuclear Generating Station, Unit The exemptions are in response to the ‘‘Fitness for Duty Programs,’’ for Exelon Nos. 1 and 2); and Entergy Operations, licensees’ requests for relief due to the Generation Company, LLC (for James A. Inc. (for Waterford Steam Electric coronavirus disease 2019 (COVID–19) FitzPatrick Nuclear Power Plant), and Station, Unit 3) afford these licensees public health emergency (PHE). The NextEra Energy Point Beach, LLC (for temporary exemptions from certain NRC is issuing a single notice to Point Beach Nuclear Plant, Units 1 and requirements of 10 CFR part 73, announce the issuance of the 2) allow these licensees temporary relief appendix B, ‘‘General Criteria for exemptions. from the work-hour controls under 10 Security Personnel,’’ section VI. The DATES: During the period from August 3, CFR 26.205(d)(1) through (d)(7). The exemptions will help to ensure that 2020, to August 28, 2020, the NRC exemptions from 10 CFR 26.205(d)(1) these regulatory requirements do not granted 15 exemptions in response to through (d)(7) ensure that the control of unduly limit licensee flexibility in using requests submitted by licensees from work hours and management of worker personnel resources in a manner that June 24, 2020, to August 20, 2020. fatigue do not unduly limit licensee most effectively manages the impacts of ADDRESSES: Please refer to Docket ID flexibility in using personnel resources the COVID–19 PHE on maintaining the NRC–2020–0110 when contacting the to most effectively manage the impacts safe and secure operation of these NRC about the availability of of the COVID–19 PHE on maintaining facilities and the implementation of the information regarding this document. the safe operation of these facilities. licensees’ NRC-approved security plans, You may obtain publicly-available Specifically, the licensees stated that protective strategy, and implementing information related to this document their staffing levels are affected or are procedures. These licensees have using any of the following methods: expected to be affected by the COVID– committed to certain security measures • Federal Rulemaking Website: Go to 19 PHE, and they can no longer meet or to ensure response readiness and for https://www.regulations.gov and search likely will not meet the work-hour their security personnel to maintain for Docket ID NRC–2020–0110. Address controls of 10 CFR 26.205(d)(1) through performance capability. questions about NRC Docket IDs in (d)(7). The licensees have committed to The NRC is providing compiled tables Regulations.gov to Jennifer Borges; effecting site-specific administrative of exemptions using a single Federal telephone: 301–287–9127; email: controls for COVID–19 PHE fatigue- Register notice for COVID–19-related [email protected]. For technical management for personnel specified in exemptions instead of issuing questions, contact the individual listed 10 CFR 26.4(a). individual Federal Register notices for in the FOR FURTHER INFORMATION The exemption from certain each exemption. The compiled tables CONTACT section of this document. requirements of 10 CFR part 55, below provide transparency regarding • NRC’s Agencywide Documents ‘‘Operators’ Licenses,’’ for NextEra the number and type of exemptions the Access and Management System Energy Point Beach, LLC (for Point NRC has issued. Additionally, the NRC (ADAMS): You may obtain publicly- Beach Nuclear Plant, Units 1 and 2) publishes tables of approved regulatory available documents online in the affords the licensee a temporary actions related to the COVID–19 PHE on ADAMS Public Documents collection at exemption from requirements related to its public website at https:// https://www.nrc.gov/reading-rm/ licensed operator requalification www.nrc.gov/about-nrc/covid-19/ adams.html. To begin the search, select program scheduling (under 10 CFR reactors/licensing-actions.html.

VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1 60842 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices

II. Availability of Documents exemption issued. Additional details on exemption approval listed in the tables each exemption issued, including the below. For additional directions on The tables below provide the facility exemption request submitted by the accessing information in ADAMS, see name, docket number, document title, respective licensee and the NRC’s the ADDRESSES section of this document. and ADAMS accession number for each decision, are provided in each

BYRON STATION, UNIT NOS. 1 AND 2—50–454 AND 50–455