Vol. 85 Thursday, No. 30 February 13, 2020

Pages 8129–8372

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 30

Thursday, February 13, 2020

Agriculture Department Environmental Protection Agency See Commodity Credit Corporation RULES See Forest Service Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Agency Information Collection Activities; Proposals, California; Imperial County Air Pollution Control District, Submissions, and Approvals, 8245 Reasonably Available Control Technology, 8181– 8185 Centers for Medicare & Medicaid Services Texas; Revisions to Control of Air Pollution by Permits NOTICES for New Construction or Modification, 8185–8188 Medicare and Medicaid Programs: PROPOSED RULES Quarterly Listing of Program Issuances; October through Air Quality State Implementation Plans; Approvals and December 2019, 8282–8296 Promulgations: Missouri; Control of Emissions from Batch Process Civil Rights Commission Operations, 8227–8228 NOTICES Missouri; Control of Emissions from the Manufacturing of Meetings: Paints, Varnishes, Lacquers, Enamels, and Other New Jersey Advisory Committee, 8245–8246 Allied Surface Coating Products, 8229–8230 Missouri; Removal of Control of Emissions from the Coast Guard Application of Automotive Underbody Deadeners, RULES 8230–8233 Drawbridge Operations: Nebraska; Approval of State Implementation Plan and Northeast Cape Fear River, Wilmington, NC, 8173–8175 Operating Permits Program, 8240–8241 Navigation and Navigable Waters, and Shipping: New York; Reasonably Available Control Technology for Technical, Organizational, and Conforming Amendments the 2008 8-Hour Ozone National Ambient Air for U.S. Coast Guard Field Districts 5, 8, 9, 11, 13, Quality Standards in the New York Metropolitan 14, and 17, 8169–8173 Area Moderate Nonattainment Area, 8233–8240 Safety Zone: NOTICES Pacific Ocean, Hilo Harbor, HI—Lightering Operations, Privacy Act; Systems of Records, 8280–8281 8175–8177 Proposed Cost Recovery Settlement: Security Zone: CERCLA; Mariners Marsh Site on Staten Island, Cooper River, Charleston, SC, 8177–8180 Richmond County, NY, 8280 PROPOSED RULES Safety Zone: Federal Aviation Administration Tanapag Harbor, Saipan, CNMI, 8225–8227 RULES Airworthiness Directives: Commerce Department Airbus Helicopters, 8150–8153 See Industry and Security Bureau Airbus SAS Airplanes, 8148–8150 See International Trade Administration Bombardier, Inc. Airplanes, 8145–8147 See National Institute of Standards and Technology Gulfstream Aerospace Corporation Airplanes, 8153–8155 See National Oceanic and Atmospheric Administration PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 8207–8212 Commodity Credit Corporation Amendment of Class D Airspace; and Amendment of Class RULES D and Class E Airspace: Regional Conservation Partnership Program, 8131–8145 Jacksonville NAS, FL and Mayport, FL, 8212–8213

Consumer Product Safety Commission Federal Election Commission NOTICES NOTICES Meetings; Sunshine Act, 8255 Meetings; Sunshine Act, 8281

Education Department Federal Energy Regulatory Commission NOTICES RULES Applications for New Awards: Critical Infrastructure Protection Reliability Standard CIP– Opportunity Scholarship Program, 8262–8266 012–1—Cyber Security—Communications between Personnel Development to Improve Services and Results Control Centers, 8161–8169 for Children with Disabilities––Leadership Transmission Planning Reliability Standard TPL–001–5, Development Programs: Increasing the Capacity of 8155–8161 Leaders to Improve Systems Serving Children with NOTICES Disabilities, 8255–8262 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8278–8279 Energy Department Application: See Federal Energy Regulatory Commission Brookfield White Pine Hydro, LLC, 8275–8276

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Transcontinental Gas Pipe Line Co., LLC, 8266 See National Institutes of Health Combined Filings, 8269–8271, 8273–8275 See Substance Abuse and Mental Health Services Environmental Assessments; Availability, etc.: Administration National Fuel Gas Supply Corp.; Transcontinental Gas NOTICES Pipe Line Co., LLC; FM100 Project and the Leidy Agency Information Collection Activities; Proposals, South Projects, 8276–8278 Submissions, and Approvals, 8305–8306 Port Arthur Pipeline, LLC; Louisiana Connector Delegation of Authority: Amendment Project, 8267–8269 Assistant Secretary for Administration, 8305 Texas Eastern Transmission, LP; Middlesex Extension Office of the Assistant Secretary for Preparedness and Project, 8271–8273 Response; Statement of Organization, Functions and Filing: Delegations of Authority, 8302–8304 City of Boulder, CO, 8276 Meetings: Health Resources and Services Administration Reliability Technical Conference, 8278 NOTICES Agency Information Collection Activities; Proposals, Federal Highway Administration Submissions, and Approvals: NOTICES Membership Forms for Organ Procurement and Environmental Impact Statements; Availability, etc.: Transplantation Network, 8300–8302 Christian, Shelby, Fayette, Marion, Clinton, Jefferson and Washington Counties, IL, 8334 Homeland Security Department Federal Motor Carrier Safety Administration See Coast Guard RULES See U.S. Customs and Border Protection Fees for the Unified Carrier Registration Plan and Agreement, 8192–8198 Housing and Urban Development Department NOTICES PROPOSED RULES Qualification of Drivers; Exemption Applications: Equal Participation of Faith-Based Organizations in HUD Vision, 8334–8335 Programs and Activities, 8215–8225 Federal Reserve System Industry and Security Bureau NOTICES NOTICES Change in Bank Control: Impact of the Implementation of the Chemical Weapons Acquisitions of Shares of a Bank or Bank Holding Convention on Legitimate Commercial Chemical, Company, 8282 Biotechnology, and Pharmaceutical Activities, 8246– Formations of, Acquisitions by, and Mergers of Bank 8247 Holding Companies, 8281–8282

Federal Transit Administration Interior Department NOTICES See Land Management Bureau Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 8341–8342 Civil Penalties Inflation Adjustments, 8189–8190 Fiscal Years 2018 Competitive Research Funding Opportunity: Internal Revenue Service FTA’s Public Transportation Innovation Program, 8335– PROPOSED RULES 8341 Income Tax Withholding from Wages, 8344–8372 Food and Drug Administration International Trade Administration NOTICES NOTICES Guidance: Antidumping or Countervailing Duty Investigations, Orders, Peripheral Vascular Atherectomy Devices––Premarket or Reviews: Notification Submissions, 8296–8297 Polyethylene Retail Carrier Bags from Malaysia, 8251– Pre-Submission Consultation Process for Animal Food 8252 Additive Petitions or Generally Recognized as Safe Final Determination of Sales at Less Than Fair Value: Notices, 8297–8298 Acetone from Belgium, 8249–8251 Meetings: Acetone from the Republic of Korea, 8252–8254 Blood Products Advisory Committee, 8299–8300 Acetone from the Republic of South Africa, 8247–8249 Request for Nominations: Individuals and Industry Organizations for the Patient Engagement Advisory Committee, 8298–8299 International Trade Commission NOTICES Forest Service Investigations; Determinations, Modifications, and Rulings, RULES etc.: Conveyance of Small Tracts, 8180–8181 Certain Footwear Products, 8322–8324 Fabricated Structural Steel from Canada, 8321 Health and Human Services Department Non-Oriented Electrical Steel from China, Germany, See Centers for Medicare & Medicaid Services Japan, Korea, Sweden, and Taiwan; Full Five-year See Food and Drug Administration Reviews, 8325 See Health Resources and Services Administration Meetings; Sunshine Act, 8321–8322, 8324

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Justice Department Nuclear Regulatory Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Guidance: Submissions, and Approvals: Instrument Sensing Lines, 8326–8327 Criminal Cases in State Courts, Previously Posted as Analysis of Publicly Available Court Data, 8325–8326 Personnel Management Office PROPOSED RULES Prevailing Rate Systems; Redefinition of the Little Rock, Land Management Bureau Arkansas, and Tulsa, Oklahoma, Appropriated Fund NOTICES Federal Wage System Wage Areas, 8205–8207 Meetings: California Desert District Advisory Council, 8320–8321 Postal Regulatory Commission NOTICES Legal Services Corporation FY 2019 Annual Compliance Report, 8327 RULES Presidential Documents Income Level for Individuals Eligible for Assistance, 8190– 8191 ADMINISTRATIVE ORDERS Balanced Budget and Emergency Deficit Control Act; Sequestration Order for Fiscal Year 2021 (Order of National Institute of Standards and Technology February 10, 2020), 8129 NOTICES Meetings: Securities and Exchange Commission Advisory Committee on Earthquake Hazards Reduction, NOTICES 8254–8255 Self-Regulatory Organizations; Proposed Rule Changes: Cboe EDGX Exchange, Inc., 8327–8331 National Institutes of Health Small Business Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 8331–8333 Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, (National State Department Cancer Institute), 8309–8310 NOTICES National Cancer Institute Genomic Data Commons Data Determination under the Foreign Assistance Act of 1961, Submission Request Form, 8307–8308 8333–8334 Government-Owned Inventions; Availability for Licensing, 8306 Substance Abuse and Mental Health Services Meetings: Administration National Eye Institute, 8311 National Human Genome Research Institute, 8309, 8311 NOTICES Office of Research Infrastructure Programs Special Meetings: Emphasis Panel, 8306–8307 Advisory Committee for Women’s Services, 8312 Request for Information: Inviting Comments and Suggestions on a Framework for Transportation Department the NIH-Wide Strategic Plan for FYs 2021–2025, See Federal Aviation Administration 8310–8311 See Federal Highway Administration Stakeholder Input on Opportunities for Increased See Federal Motor Carrier Safety Administration Collaboration to Advance Prevention Research, 8308– See Federal Transit Administration 8309 Treasury Department See Internal Revenue Service National Oceanic and Atmospheric Administration RULES U.S. Customs and Border Protection Atlantic Surfclam and Ocean Quahog Fisheries: NOTICES 2020 Fishing Quotas for Atlantic Surfclams and Ocean Commercial Gaugers and Laboratories; Accreditation and Quahogs; and Suspension of Minimum Atlantic Approval: Surfclam Size Limit, 8199–8200 Inspectorate America Corp. (Davie, FL), 8318–8319 Fisheries Off West Coast States: Inspectorate America Corp. (Ferndale, WA), 8312–8313 Pacific Coast Groundfish Fishery; 2019–2020 Biennial Inspectorate America Corp. (Mobile, AL), 8320 Specifications and Management Measures; Inseason Inspectorate America Corp. (Romeoville, IL), 8316 Adjustments; Correction, 8200–8204 Inspectorate America Corp. (Tampa, FL), 8314 International Fisheries: Inspectorate America Corp. (Texas City, TX), 8313–8314 Pacific Tuna Fisheries; Procedures for the Active and Inspectorate America Corp. (Vancouver, WA), 8315–8316 Inactive Vessel Register; Correction, 8198–8199 Intertek USA, Inc. (Chelsea, MA), 8317–8318 PROPOSED RULES Intertek USA, Inc. (Nederland, TX), 8316–8317 Initiation of Review of Management Plan for Stellwagen Intertek USA, Inc. (Romeoville, IL), 8319–8320 Bank National Marine Sanctuary; Intent to Conduct Commercial Gaugers; Approval: Scoping and Prepare Draft Environmental Analysis and Barrios Measurement Services LLC (Cut Off, LA), 8314– Management Plan, 8213–8215 8315

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Veterans Affairs Department PROPOSED RULES Acquisition Regulation: Reader Aids Administrative Matters; Publicizing Contract Actions; and Consult the Reader Aids section at the end of this issue for Termination of Contracts, 8242–8244 phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Separate Parts In This Issue electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Part II address, then follow the instructions to join, leave, or Treasury Department, Internal Revenue Service, 8344–8372 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Administrative Orders: Order of February 10, 2020 ...... 8129 5 CFR Proposed Rules: 532...... 8205 7 CFR 1464...... 8131 14 CFR 39 (4 documents) ...8145, 8148, 8150, 8153 Proposed Rules: 39 (2 documents) ....8207, 8209 71...... 8212 15 CFR Proposed Rules: 922...... 8213 18 CFR 40 (2 documents) ....8155, 8161 24 CFR Proposed Rules: 5...... 8215 92...... 8215 578...... 8215 26 CFR Proposed Rules: 31...... 8344 33 CFR 1...... 8169 100...... 8169 110...... 8169 117...... 8173 165 (3 documents) ...... 8169, 8175, 8177 Proposed Rules: 165...... 8225 36 CFR 254...... 8180 40 CFR 52 (2 documents) ....8181, 8185 Proposed Rules: 52 (5 documents) ...8227, 8229, 8230, 8233, 8240 70...... 8240 43 CFR 10...... 8189 45 CFR 1611...... 8190 48 CFR Proposed Rules: 804...... 8242 805...... 8242 849...... 8242 852...... 8242 49 CFR 367...... 8192 50 CFR 300...... 8198 648...... 8199 660...... 8200

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Federal Register Presidential Documents Vol. 85, No. 30

Thursday, February 13, 2020

Title 3— Order of February 10, 2020

The President Sequestration Order for Fiscal Year 2021 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit Control Act, as Amended

By the authority vested in me as President by the laws of the United States of America, and in accordance with section 251A of the Balanced Budget and Emergency Deficit Control Act (the ‘‘Act’’), as amended, 2 U.S.C. 901a, I hereby order that, on October 1, 2020, direct spending budgetary resources for fiscal year 2021 in each non-exempt budget account be reduced by the amount calculated by the Office of Management and Budget in its report to the Congress of February 10, 2020. All sequestrations shall be made in strict accordance with the requirements of section 251A of the Act and the specifications of the Office of Management and Budget’s report of February 10, 2020, prepared pursuant to section 251A(9) of the Act.

THE WHITE HOUSE, February 10, 2020.

[FR Doc. 2020–03044 Filed 2–12–20; 8:45 am] Billing code 3295–F0–P

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Rules and Regulations Federal Register Vol. 85, No. 30

Thursday, February 13, 2020

This section of the FEDERAL REGISTER Farm Bill changes to RCPP program through 2018 and made resources contains regulatory documents having general administration. available through reserving seven applicability and legal effect, most of which percent of the funds or acres made are keyed to and codified in the Code of DATES: Effective date: February 13, 2020. available each year from covered Federal Regulations, which is published under programs, including the Agricultural 50 titles pursuant to 44 U.S.C. 1510. Comment date: Submit comments on or before April 13, 2020. Conservation Easement Program The Code of Federal Regulations is sold by Comment date for Environmental (ACEP), the Conservation Stewardship the Superintendent of Documents. Review: Submit comments on the draft Program (CSP), the Environmental Environmental Analysis (EA) and Quality Incentives Program (EQIP), and the Healthy Forests Reserve Program DEPARTMENT OF AGRICULTURE Finding of No Significant Impact (FONSI) on or before March 16, 2020. (HFRP). RCPP promotes coordination between ADDRESSES: Commodity Credit Corporation We invite you to submit NRCS and its partners to deliver comments on this notice. In your conservation assistance to producers 7 CFR Part 1464 comments, include the date, volume, and landowners. Under the 2014 Farm and page number of this issue of the Bill, NRCS administered RCPP through [Docket ID NRCS–2019–0012] Federal Register, and the title of notice. APF notices posted to grants.gov. NRCS You may submit comments by the published APF notices in May 2014 for RIN 0578–AA70 following methods: FY 2014–15 implementation, and then • Federal eRulemaking Portal: Go to additional APFs for FY 2016, FY 2017, Regional Conservation Partnership http://www.regulations.gov and search and FY 2018 utilizing funds that were Program for Docket ID NRCS–2019–0012. Follow made available under the 2014 Farm the online instructions for submitting AGENCY: Natural Resources Bill. Eligible partners submitted comments. Conservation Service (NRCS) and the proposals to one of three funding All written comments received will be Commodity Credit Corporation (CCC), pools—the national pool, the State pool, publicly available on http:// United States Department of Agriculture and the Critical Conservation Area www.regulations.gov. (CCA) pool. The Secretary of (USDA). A copy of the draft Environmental Agriculture designated eight CCAs in ACTION: Interim rule. Assessment (EA) and Finding of No 2014. Significant Impact (FONSI) may be SUMMARY: This interim rule with request Subtitle G of Title II of the Agriculture obtained from the following website: for public comment adds a new part to Improvement Act of 2018 (2018 Farm https://www.nrcs.usda.gov/wps/portal/ our regulations to implement the Bill; Pub. L. 115–334) made the nrcs/detailfull/national/programs/ Regioinal Conservation Partnership following changes to RCPP program farmbill/?cid=stelprdb1263599. A hard Program (RCPP). RCPP enhances requirements: copy may also be requested in one of the conservation and promotes coordination • Increases RCPP funding to $300 following ways: between NRCS and its partners to help million for each fiscal year (FY 2019– • Via mail: [email protected] producers and landowners increase the 23) in mandatory funding and removes with ‘‘Request for EA’’ in the subject restoration and sustainable use of soil, the seven percent covered program line; or water, and wildlife on a regional or funding authority. • A written request: Karen Fullen, watershed scale. NRCS, an agency of the • Authorizes RCPP program contracts Environmental Compliance Specialist, USDA, administers RCPP, which is rather than implementation of RCPP Natural Resources Conservation Service, funded through CCC. RCCP is funding through covered program 9173 W Barnes Dr., Suite C, Boise, ID reauthorized by the Agriculture contracts, making RCPP a stand-alone 83709. Improvement Act of 2018 (the 2018 program. Farm Bill), which streamlined RCPP FOR FURTHER INFORMATION CONTACT: • Eliminates the national funding administration, including elimination of Michael Whitt; (202) 690–2267; email: pool, thereby simplifying the ‘‘covered program’’ financial transfers [email protected]. Persons with application process for partners. NRCS and replacement of covered program disabilities who require alternative will allocate 50 percent of the annual contracts with RCPP contracts and means for communication should funding to State and multistate pools programmatic partnership agreements. contact the USDA Target Center at (202) and allocate the remaining 50 percent of Section 2504 of the 2018 Farm Bill 720–2600 (voice). annual funding to CCAs. authorizes NRCS to implement RCPP SUPPLEMENTARY INFORMATION: • Adds and simplifies the definitions through an Availability of Program of ‘‘eligible land’’ and ‘‘eligible Funding (APF) announcement in FY Background activities.’’ NRCS incorporates eligible 2019 without issuing a regulation. This Section 2401 of the Agricultural Act activities available into its participant interim administration authority of 2014 (the 2014 Farm Bill) originally awards. expired September 30, 2019, and section established the Regional Conservation • Expands the scope of the program 1271E(e) of the RCPP statute, as Partnership Program (RCPP) through by including the authorities of the amended, requires NRCS to administer adding a new subtitle I to Title XII of the Conservation Reserve Program (16 RCPP through a regulation going Food Security Act of 1985. The 2014 U.S.C. 3831–3835) and the Watershed forward. Therefore, NRCS is publishing Farm Bill authorized $100 million in Protection and Flood Prevention this interim rule to incorporate the 2018 each fiscal year (FY) from FY 2014 Program (Pub. L. 566), excluding the

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Watershed Rehabilitation Program, in • Requires the Secretary to: Establish changes to the program, and RCPP is the definition of ‘‘covered programs.’’ a timeline for carrying out the duties now a stand-alone program with • Adds authority to enter into under the program; identify a State authorized conservation activities as alternative funding arrangements or program coordinator who will assist those offered by other NRCS programs, grant agreements with eligible partners partners; establish guidance to assist but with modifications and flexibilities depending on the specific requirements partners with assessment requirements; unique to RCPP. These modifications of the project. However, the 2018 Farm provide partners (other than grant and flexibilities enhance NRCS’ ability Bill limits NRCS to entering no more agreement partners) a semiannual report to tailor its conservation assistance to than 15 alternative funding that contains the status of each pending the objectives of RCPP partners to a arrangements each fiscal year. and obligated contract under the project greater extent than is available through • Expands the purpose of the program and an annual report describing how the NRCS’ other conservation programs. to include protection of drinking water Secretary used that fiscal year’s TA; and NRCS provides RCPP assistance and ground water on eligible land. ensure that any eligible activity through partnership agreements, • Updates the definition of ‘‘eligible effectively achieves the conservation supplemental agreements, and program partners’’ to identify conservation benefits identified in an approved contracts. This interim rule provides districts and acequias specifically. partnership agreement. information about RCPP and guidelines • Allows partnership agreements to • Requires NRCS to implement RCPP related to submitting proposals and be longer than 5 years in select through a simplified application applications for participation in RCPP. situations, as determined by NRCS, to process. Project approval and development of • further purposes of the program. Prohibits use of adjusted gross partnership agreements are based on • Allows partnership agreement income criteria to determine eligibility competitive evaluation, selection, and for eligible partners. renewals for a period of time not to • post-selection negotiations, on the basis exceed 5 years that in select situations Gives high priority to partners that of criteria established in this interim may be funded through an expedited build new partnerships with local, rule and any future notice of funding noncompetitive process. State, and private entities or implement opportunity. • Allows a partnership agreement, or the project consistent with existing In particular, eligible partners must a renewal partnership agreement, to be watershed, habitat, or other area submit complete proposals through a extended one time for up to 12 months. restoration plans. competitive process. The following • Outlines the partner responsibilities • Specifies that a project should: partners are eligible to submit a under a grant agreement including Achieve one or more conservation proposal and enter into a partnership contributing significant resources to benefits; specify the eligible activities to agreement with NRCS: Agricultural or achieving project goals, carrying out achieve those conservation benefits; and silvicultural producer associations or eligible activities on eligible land in state the timeline for carrying out the other group of producers; States or units agreement with producers to achieve project, including interim milestones of local government; Indian Tribes; conservation benefits on a regional or and related conservation outcomes. farmer cooperatives; institutions of watershed scale, and providing an • Requires guidance for partners on higher education; conservation districts; annual report to NRCS that describes how to quantify and report project water districts; irrigation districts; the status of the project. outcomes, including achievement of • Includes outreach provisions for acequias; rural water districts or conservation benefits. associations or other organizations with • historically underserved producers and Updates reporting requirements and for eligible partners and producers in specific water delivery authority to emphasizes the importance of reporting designated CCAs. producers on agricultural land; progress in achieving conservation • Requires identification of one or municipal water or wastewater benefits on a regular basis. more priority resource concerns that treatment entities; organizations or other • Requires reporting publicly at the apply to each CCA. nongovernmental entities with an time of selection the amount of • Requires selection of applications established history of working technical assistance (TA) that will be set for partnership agreements under CCAs cooperatively with producers on aside for project implementation. that address one or more priority agricultural land, as determined by the • Limits TA costs to those costs resource concerns for which the CCA is Chief of NRCS; and an organization specific and necessary to carry out the designated. described in section 1265A(3)(B) of the objectives of the program and to develop ACEP statute. The Agency will make and implement strategies to encourage Overview of Program Administration available project summaries including third-party technical service providers RCPP provides NRCS a valuable tool partner contributions via the RCPP (TSPs) to provide TA to eligible partners for coordinating the delivery of website at https://www.nrcs.usda.gov/ pursuant to a partnership agreement. conservation assistance with that wps/portal/nrcs/main/national/ • Clarifies how eligible partners may provided by partners. RCPP promotes programs/financial/rcpp/. make contributions, including through coordination of NRCS conservation NRCS reviews and evaluates the direct funding, in-kind support, or a activities with partners that offer value- proposals based on the criteria set forth combination of direct funding and in- added contributions to expand the in this interim rule and as detailed in kind support. collective ability to address on-farm, the annual APF. Consistent with • Clarifies that, upon agency watershed, and regional natural statutory direction of the 2018 Farm approval, amounts expended by an resource concerns. Through RCPP, Bill, priority consideration will be given eligible partner for staff salaries or NRCS seeks to co-invest with partners to to proposals that provide for outreach to development of the partnership implement projects that demonstrate and engagement of beginning farmers or agreement between the announcement innovative solutions to conservation ranchers, socially disadvantaged farmers of the project award and the signing of challenges and provide measurable or ranchers, limited resource farmers or the partnership agreement may be improvements and outcomes tied to the ranchers, veteran farmers and ranchers, counted toward the partner resource concerns they seek to address. and Indian Tribes within the area contribution. The 2018 Farm Bill made substantive covered by the project. This interim rule

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also includes other statutory priorities, contracts with producers and same conservation benefits on the same including projects that— supplemental agreements with the lead land. • Assist producers in meeting or partners or other eligible partners. Producers seeking to participate in an avoiding the need for a natural resource Supplemental agreements include RCPP project must meet all RCPP regulatory requirement; agreements for the delivery of technical eligibility requirements. These • Have a high percentage of assistance, easement agreements with requirements vary depending on the producers in the area to be covered by eligible entities, and project-style producer’s objectives and the eligible the agreement; agreements. These contracts and activities selected for implementation • Significantly leverage non-Federal agreements are entered into separately under the program contract. A financial and technical resources and in support of the approved project. The participant may elect to use a certified coordinate with other local, State, or terms set by NRCS are not subject to TSP for technical assistance associated national efforts; negotiation. NRCS will manage these with conservation planning or practice • Build new partnerships with local, agreements according to NRCS- design and implementation. Information State, and private entities to include a developed terms and conditions about services that may be available diversity of stakeholders in the project; necessary to ensure program and from a certified TSP can be found at: • Deliver a high percentage of applied financial integrity. http://techreg.usda.gov/. conservation to achieve conservation Following execution of the benefits or address the priority resource partnership agreement, producers Types of Program Contracts With concern within a CCA; within the approved project areas may Producers • Implement projects consistent with apply directly to NRCS to enter into an There are five general types of existing watershed, habitat, or other area RCPP program contract that financial assistance activities that restoration plans; encompasses eligible land or apply encompass the range of eligible • Provide innovation in conservation indirectly through the project partner. activities available in RCPP analogous to methods and delivery, including Producer participation is subject to those authorized by the covered outcome-based performance measures competitive ranking, availability of programs: and methods; or funds, and NRCS reporting (1) Land management contracts that • Meet other factors that are requirements. Eligible land includes any include land improvement, important for achieving the purposes of agricultural or nonindustrial private management, or restoration activities, the program, as determined by NRCS. forest land or associated land on which including land treatment activities as Proposals may not be adjusted after NRCS determines an eligible activity authorized by Public Law 83–566; they have been submitted to NRCS for would help achieve conservation (2) Land rental contracts; review and ranking. After a proposal is benefits defined for each approved (3) Conservation easements held by selected, NRCS enters into a negotiation RCPP project’s programmatic agreement. the United States (‘‘US-held with the lead partner to develop a Producers interested in applying for easements’’); partnership agreement that serves as an RCPP participation in an approved (4) Conservation easements held by an agreement governing the overall RCPP project must establish and eligible entity (‘‘entity-held approach of the project. The identity of maintain records about their operation easements’’); and the lead partner, the overall funding at their local USDA service center. The (5) Public works contracts. amount, the general activity types (e.g., NRCS designated conservationist or a 1. Land Management Contracts land management, rental, entity-held partner representative may assist a easements) to be offered and the producer to determine which Land management contracts are based resource concerns addressed by the implementation actions are appropriate on an EQIP/CSP-like contracting model project are not subject to negotiation. based on the eligible activities the between NRCS and an eligible producer, Details on activities specific to a project applicant seeks to install or perform to including private landowners, (e.g., delineated practices under the compete in an RCPP project funding committed to addressing RCPP project land management activity type) and opportunity, as detailed in the APF. resource concerns on eligible lands. The details on the approach for reporting on Under a program contract, NRCS may conservation activities included under project outcomes are examples of items make a practice implementation this category also include restoration that are subject to negotiation. payment, a stewardship payment, a and land management practices There is no funding obligated through rental payment for targeted conservation authorized under ACEP-Wetland the partnership agreement unless the benefits, or an easement payment to Reserve Easement (WRE), HFRP, and partnership agreement is an alternative secure the long-term protection of Public Law 83–566 (land treatment). funding arrangement or grant identified conservation benefits for Land management contracts will utilize (collectively referred to as ‘‘alternative perpetuity or for 30 years, when so proven aspects of NRCS planning, funding arrangement’’). Consistent with limited under State law. Therefore, as implementation, and contracting the RCPP statute, any project described more fully below, while the methodology, and are expected to be management and producer outreach term ‘‘program contract’’ is used for all based principally on NRCS conservation activities between the announcement of such agreements between NRCS and an practice standards, existing CSP awards and the execution of partnership eligible producer, a program contract enhancements, stewardship activities, agreements can be counted as partner may be structured to be analogous to an and existing payment schedules. contributions, if such activities are EQIP contract or an agreement to However, producer and land eligibility included in the application. Based on purchase a conservation easement under restrictions tied to specific EQIP and available funding and agency priorities, ACEP. Additionally, where appropriate, CSP regulatory requirements, such as NRCS may offer reduced funding from NRCS may include several different CSP ‘‘whole operation’’ requirements or the amount requested in the application. types of payments in the same EQIP irrigation history requirements do Under the partnership agreement, instrument or enter into multiple not apply to these land management NRCS may enter into additional program contracts for distinct activities contracts. Payment rates for land agreements under the project implemented by a producer. NRCS will management contracts are expected to framework, including RCPP program not make duplicative payments for the mimic similar rates under the covered

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programs. However, payment rates are grasslands, natural wetlands, or riparian supplemental agreement, unlike for among the requirements which NRCS areas buffering agricultural lands. RCPP other types of RCPP activities, partners may negotiate at the project (vs easements are driven by ties to RCPP lead the planning, design, and participant contract) level. NRCS may project resource concerns and installation of works of improvement. approve payment schedules that conservation benefits, not land use or However, NRCS retains watershed plan provide increased payment rates when other covered program eligibility and design approval authority the agency determines that offsetting factors. consistent with Federal infrastructure features of the project (for example, Application, ranking, easement projects and informed by NRCS partner contributions) support requested acquisition processes, and contracting watershed and engineering directives payment rates and scenarios. will emulate applicable aspects of ACEP and related Public Law 83–566 policy. and HFRP. RCPP easements will use 2. Land Rental Activities new template deeds based on the level Summary of Regulatory Framework NRCS will offer land rental activities of restriction warranted by the easement The RCPP regulation has four through a rental contract that will be in the specific context of a RCPP project, subparts: based on a combination of the CRP which will be a foundational • Subpart A provides the general rental contract and a land management component of landowner application, framework for the program and provides contract as described above. The evaluation, and ranking. The more the purposes, scope, definitions, fund contract document for land rental restrictive the terms of the easement, the allocations, and basic program activities between NRCS and an eligible higher the percentage of the easement requirements. producer will address RCPP project value that may be provided under RCPP. • Subpart B provides the framework resource concerns on eligible lands. for the proposal, selection, and Application, ranking, and contracting 4. Entity-Held RCPP Conservation Easements administration of RCPP partnership will emulate applicable aspects of NRCS agreements, including supplemental ACEP-Agricultural Land Easement ranking processes, to include use of agreements to facilitate the provision of ranking tools to assess expected (ALE) authorizes entity-held agricultural program assistance to producers. This conservation benefits on a project by land easements. For RCPP, entity-held subpart also includes general provisions project basis, and standard NRCS easements are eligible for any land use related to third party contracts. contracting processes like those and driven by conservation benefits and • Subpart C provides the framework employed in similar NRCS conservation resource concerns identified in the activity based programs to help ensure RCPP project. Therefore, in addition to under which NRCS provides program conservation delivery and financial entity-held easements to protect assistance to producers to implement working agricultural lands (as allowed eligible activities. accountability. However, unlike the • traditional CRP program administered under ALE), entity-held easements Subpart D provides the standard by USDA’s Farm Service Agency, RCPP under RCPP may be enrolled on other programmatic information about land rental authority is not generally eligible land, including forest land, appeals, assignments, and related expected to be used for landscape-scale wetlands, and riparian areas. Entity- matters. soil erosion protection. Rather, NRCS held easements under RCPP require Effective Date, Notice and Comment, expects that land rental contracts will collaboration between NRCS, a qualified and Paperwork Reduction Act focus on short-term, targeted rental entity, and an eligible landowner. Given needs in the context of a larger RCPP the statutory structure, NRCS will In general, the Administrative project. Examples include paying 1–3 utilize a supplemental agreement with a Procedure Act (APA) (5 U.S.C. 553) years of forgone income to incentivize qualified entity to establish the terms requires that a notice of proposed adoption of an innovative cropping and conditions under which NRCS will rulemaking be published in the Federal system or to transition to an organic provide financial assistance for the Register and interested persons be given production system. RCPP rental qualified eligible entity to purchase a an opportunity to participate in the contracts will be based on proven conservation easement from an eligible rulemaking through submission of aspects of NRCS planning, producer. Application, ranking, written data, views, or arguments with implementation, and contracting easement acquisition processes, or without opportunity for oral methodology, which may include an matching, and contracting will emulate presentation, except when the rule estimate of forgone income. applicable aspects of ACEP–ALE. involves a matter relating to public property, loans, grants, benefits, or 3. U.S.-Held Conservation Easements 5. Public Works Supplemental contracts. This rule involved matters RCPP conservation easement Agreements relating to benefits and is therefore enrollment opportunities will be offered Through the public works component exempt from APA requirements. to eligible landowners to execute of RCPP, eligible partners may receive Further, the regulations to implement conservation easements on a diversity of financial assistance awards to support the programs of Chapter 58 of Title 16 land uses. U.S.-held easements are in implementation of structural works of of the U.S. Code, as specified in 16 general permanent easements with improvement to address watershed- U.S.C. 3846, and the administration of exceptions for Tribes (that is, 30-year scale issues on eligible land, similar to those programs are— contracts) or States where State law projects currently carried out under • To be made as an interim rule prohibits permanent easements Public Law 83–566. Unlike other RCPP effective on publication, with an (duration set at the longest duration contract types, RCPP project proposals opportunity for notice and comment; allowable under State law). Under must detail proposed public works • Exempt from the Paperwork current NRCS covered programs, U.S.- activities (that is, detailed plan of work) Reduction Act (44 U.S.C. chapter 35); held easements are only available for to provide project reviewers information and wetlands (ACEP–WRE) and forestland needed to assess project viability. • To use the authority under 5 U.S.C. (HFRP). For RCPP, U.S.-held easements Financial assistance for works of 808 related to Congressional review and will be available for any agriculturally improvement will be awarded through a avoid any potential delay in the linked land use, such as cropland, supplemental agreement. Under the effective date.

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For major rules, the Congressional available regulatory alternatives and, if producers plan and implement Review Act requires a delay in the effect regulation is necessary, to select conservation activities to address date of 60-days after publication to regulatory approaches that maximize natural resource concerns on private or allow for Congressional Review. This net benefits (including potential Tribal agricultural, nonindustrial rule is a major under the Congressional economic, environmental, public health private forest and certain associated Review Act, as defined by 5 U.S.C. and safety effects, distributive impacts, lands. RCPP was first authorized by 804(2). The authority in 5 U.S.C. 808 and equity). Executive Order 13563 Congress in the Agricultural Act of 2014 provides that when an agency finds for emphasized the importance of (the 2014 Farm Bill). To date, 375 good cause that notice and public quantifying both costs and benefits, of projects have been selected across the procedure are impracticable, reducing costs, of harmonizing rules, United States and Puerto Rico unnecessary, or contrary to the public and of promoting flexibility. Executive leveraging $1 billion in NRCS technical interest, that the rule may take effect at Order 13777, ‘‘Enforcing the Regulatory and financial assistance with such time as the agency determines. Due Reform Agenda,’’ established a Federal approximately $1.3 billion in partner to the nature of the rule, the mandatory policy to alleviate unnecessary contributions. The 2014 Farm Bill requirements of the 2018 Farm Bill regulatory burdens on the American provided $100 million annually in changes to RCPP, and the need to people. RCPP mandatory funding. Furthermore, implement the RCPP regulations The Office of Management and Budget under the 2014 Farm Bill, conservation expeditiously to provide assistance to (OMB) designated this rule as activities were undertaken through producers, NRCS and CCC find that economically significant under partnership agreements (between NRCS notice and public procedure are Executive Order 12866, and therefore, and a lead partner) and contracts or contrary to the public interest. OMB has reviewed this rule. The costs agreements with eligible landowners, Therefore, even though this rule is a and benefits of this proposed rule are entities, and individuals under one or major rule for purposes of the summarized below. The full cost benefit more covered programs (EQIP, CSP, Congressional Review Act of 1996, analysis is available on https:// ACEP, HFRP, and the Watershed NRCS and CCC are not required to delay www.regulations.gov/. Protection and Flood Prevention Act). the effective date for 60 days from the Executive Order 13771, ‘‘Reducing EQIP, CSP, and ACEP each contributed date of publication to allow for Regulation and Controlling Regulatory seven percent of their annual funding Congressional review. Therefore, this Costs,’’ requires that, to manage the toward RCPP projects. rule is effective on the date of private costs required to comply with The 2018 Farm Bill reauthorizes RCPP publication in the Federal Register. Federal regulations for every new with significant changes to how the NRCS invites interested persons to significant or economically significant program is funded. Specifically, participate in this rulemaking by regulation issued, the new costs must be contributions from ‘‘covered programs’’ submitting written comments or views offset by the elimination of at least two are eliminated and ‘‘covered program about changes made by this interim prior regulations. This rule involves contracts’’ are replaced with RCPP rule. The most helpful comments transfer payments and does not rise to contracts and programmatic partnership reference a specific portion of the the level required to comply with agreements. regulation, explain the reason for any Executive Order 13771. The 2018 Farm Bill repeals the seven recommended changes, and include percent reserved resources from the Clarity of the Regulation supporting data and references to the covered programs, provides $300 million in annual mandatory relevant section of either the 2018 Farm Executive Order 12866, as Commodity Credit Corporation (CCC) Bill or the 1985 Farm Bill. All supplemented by Executive Order funding, and establishes RCPP comments received on or before the 13563, requires each agency to write all standalone contracts. Federal transfers closing date for comments will be rules in plain language. In addition to under the 2014 Farm Bill totaled considered. NRCS will review and your substantive comments on this rule, slightly more than $1 billion for FY respond to the public comments in the we invite your comments on how to 2014 through 2018, or $200 million on RCPP final rule. make the rule easier to understand. For NRCS is especially interested in example: an annual basis. The $300 million in mandatory annual funding increases obtaining public comment on the • Are the requirements in the rule RCPP funding by approximately $100 following topics: clearly stated? Are the scope and intent • CCAs and their associated priority of the rule clear? million annually, taking into account resource concerns; • Does the rule contain technical the past contribution of the ‘‘covered • How best to develop and report language or jargon that is not clear? programs’’ during FY 2014 through 18. project outcomes; • Is the material logically organized? The 2018 Farm Bill also changes the • Ideas on how to implement RCPP • Would changing the grouping or ‘‘funding pool’’ structure by easements; ordering of sections or adding headings streamlining from three pools to two • How to incorporate land rental make the rule easier to understand? pools and providing that 50 percent of authorities into program • Could we improve clarity by adding funds go to a Critical Conservation implementation; tables, lists, or diagrams? Areas pool and 50 percent of funds go • Alternative Funding Arrangements; • Would more, but shorter, sections to a state or multi-state pool. It also and be better? Are there specific sections allows project renewals and creates new • Project renewal criteria. that are too long or confusing? programmatic authorities and • What else could we do to make the expectations for the administration of Executive Orders 12866, 13563, 13771, rule easier to understand? agreements with partners. In addition, and 13777 application and renewal processes are Executive Order 12866, ‘‘Regulatory Summary of Economic Impacts simplified to encourage participation by Planning and Review,’’ and Executive RCPP is a voluntary collaborative both producers and project partners. Order 13563, ‘‘Improving Regulation program that provides financial and NRCS intends that the majority of funds and Regulatory Review,’’ direct agencies technical assistance to partner awarded each year will be awarded to assess all costs and benefits of organizations to help agricultural under a competitive process. If the lead

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partner makes such a request, NRCS Environmental Review activities in this rule are excluded from may renew a partnership agreement. To the scope of Executive Order 12372. The environmental impacts of this ensure that only the most successful of Executive Order 12988 projects qualify for renewal on a non- rule have been considered in a manner competitive basis, NRCS has identified consistent with the provisions of the This rule has been reviewed under National Environmental Policy Act in this rule that a partner must meet or Executive Order 12988, ‘‘Civil Justice (NEPA, 42 U.S.C. 4321–4347), the exceed the objectives of the original Reform.’’ This rule will not preempt regulations of the Council on project in order to be considered for State or local laws, regulations, or Environmental Quality (40 CFR parts policies unless they represent an renewal. 1500–1508), and the NRCS regulations irreconcilable conflict with this rule. Most of this rule’s impact consists of for compliance with NEPA (7 CFR part Before any judicial actions may be transfer payments from the Federal 650). The 2018 Farm Bill requires minor brought regarding the provisions of this Government to producers or to partners changes to NRCS conservation rule, the administrative appeal for the benefit of producers. programs, and there are no changes to provisions of 7 CFR part 11 are to be Conservation benefits of RCPP financial the basic structure of the programs. The exhausted. and technical assistance funding analysis has determined there will not Executive Order 13132 delivered to date have been directly be a significant impact to the human comparable to that provided by covered environment and as a result, an This rule has been reviewed under programs (EQIP, CSP, ACEP, etc.), and environmental impact statement (EIS) is Executive Order 13132, ‘‘Federalism.’’ similar benefits are expected from RCPP not required to be prepared (40 CFR The policies contained in this rule do funding under the 2018 Farm Bill. 1508.13). While OMB has designated not have any substantial direct effect on this rule as ‘‘economically significant’’ States, on the relationship between the Additionally, conservation benefits of Federal Government and the States, or partner contributions and collaboration under Executive Order 12866, ‘‘. . . economic or social effects are not on the distribution of power and in RCPP projects is expected to magnify responsibilities among the various the benefits of RCPP funding over each intended by themselves to require preparation of an environmental impact levels of government, except as required project’s life, offsetting initial delays in statement’’ (40 CFR 1508.14), when not by law. It does not impose substantial obligation and implementation. NRCS interrelated to natural or physical direct compliance costs on State and will discuss methods to quantify the environmental effects. The local governments. Therefore, incremental benefits obtained from Environmental Assessment (EA) and consultation with the States is not RCPP with lead partners, but due to the Finding of No Significant Impact required. 5 year life of a typical RCPP project, (FONSI) are available for review and Executive Order 13175 only limited data are available at this comment for 30 days from the date of time to support this conclusion. publication of this interim rule in the This rule has been reviewed in Therefore, NRCS and partners may use Federal Register. NRCS will consider accordance with the requirements of various mechanisms such as modeling this input and determine whether there Executive Order 13175, ‘‘Consultation to predict long-term outcomes. Despite is any new information provided that is and Coordination with Indian Tribal these data limitations, RCPP is expected relevant to environmental concerns and Governments.’’ Executive Order 13175 to positively affect natural resource bearing on the proposed action or its requires Federal agencies to consult and concerns—through both the $300 impacts that warrant supplementing or coordinate with Tribes on a million in funding provided annually by revising the current available draft of Government-to-Government basis on Congress and by the leverage of partner the RCPP EA and FONSI. policies that have Tribal implications, contributions. including regulations, legislative A copy of the EA and FONSI may be comments or proposed legislation, and Regulatory Flexibility Act obtained from https:// other policy statements or actions that www.nrcs.usda.gov/wps/portal/nrcs/ have substantial direct effects on one or The Regulatory Flexibility Act (5 detailfull/national/programs/farmbill/ more Indian Tribes, on the relationship U.S.C. 601–612), as amended by the ?cid=stelprdb1263599. Follow the between the Federal Government and Small Business Regulatory Enforcement instructions in the ADDRESSES section Indian Tribes, or on the distribution of Fairness Act of 1996, generally requires above for submitting comments. power and responsibilities between the an agency to prepare a regulatory Executive Order 12372 Federal Government and Indian Tribes. analysis of any rule whenever an agency The USDA’s Office of Tribal Relations is required by the APA or any other law Executive Order 12372, (OTR) has assessed the impact of this to publish a proposed rule, unless the ‘‘Intergovernmental Review of Federal rule on Indian Tribes and determined agency certifies that the rule will not Programs,’’ requires consultation with that this rule does not, to our have a significant economic impact on State and local officials that would be knowledge, have Tribal implication that a substantial number of small entities. directly affected by proposed Federal requires Tribal consultation under This rule is not subject to the Regulatory financial assistance. The objectives of Executive Order 13175. Tribal Flexibility Act because no law requires the Executive order are to foster an consultation for this rule was included that a proposed rule be published for intergovernmental partnership and a in the 2018 Farm Bill Tribal this rulemaking initiative. Despite the strengthened federalism, by relying on consultation held on May 1, 2019, at the Regulatory Flexibility Act not applying State and local processes for State and National Museum of the American to this rule, the action only affects those local government coordination and Indian in Washington, DC. The portion entities who voluntarily participate in review of proposed Federal financial of the Tribal consultation relative to this RCPP and in doing so receive its assistance and direct Federal rule was conducted by Bill Northey, benefits. Compliance with the development. For reasons specified in USDA Under Secretary for the Farm provisions of RCPP regulations is only the final rule related notice regarding 7 Production and Conservation mission required for those entities who choose CFR part 3015, subpart V (48 FR 29115, area, as part of the Title II session. There to participate in this voluntary program. June 24, 1983), the programs and were no specific comments from Tribes

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on the RCPP rule during the Tribal Federal Assistance Programs 1464.43 Equitable relief. consultation. If a tribe requests 1464.44 Offsets and assignments. The title and number of the Federal 1464.45 Misrepresentation and scheme or additional consultation, NRCS will Domestic Assistance Programs in the work with OTR to ensure meaningful device. Catalog of Federal Domestic Assistance 1464.46 Environmental credits for consultation is provided where changes, to which this rule applies is: 10.932— conservation improvements. additions, and modifications identified Regional Conservation Partnership Authority: 15 U.S.C. 714b and 714c; 16 in this rule are not expressly mandated Program. by legislation. U.S.C. 3871 et seq. E-Government Act Compliance Separate from Tribal consultation, Subpart A—General Provisions communication and outreach efforts are NRCS and CCC are committed to in place to assure that all producers, complying with the E-Government Act § 1464.1 Applicability. including Tribes (or their members), are of 2002 (44 U.S.C. 101), to promote the (a) The purposes of the Regional provided information about this use of the internet and other Conservation Partnership Program regulation. Specifically, NRCS obtains information technologies to provide (RCPP) are as follows: input through Tribal Conservation increased opportunities for citizen (1) Carry out eligible activities to Advisory Councils. A Tribal access to government information and further the conservation, protection, Conservation Advisory Council may be services, and for other purposes. restoration, and sustainable use of soil, an existing Tribal committee or List of Subjects in 7 CFR Part 1464 water (including sources of drinking department and may also constitute an water and ground water), wildlife, Agricultural operations, Conservation association of member Tribes organized agricultural land, and related natural payments, Conservation practices, to provide direct consultation to NRCS resources on eligible land on a regional Eligible activities, Environmental at the State, regional, and national levels or watershed scale; to provide input on NRCS rules, credits, Forestry management, Natural resources, Resource concern, Soil and (2) Encourage eligible partners to policies, programs, and impacts on cooperate with producers in— Tribes. Tribal Conservation Advisory water conservation, Wildlife. (i) Meeting or avoiding the need for Councils provide a venue for agency ■ For the reasons stated in the preamble, national, State, and local natural leaders to gather input on Tribal CCC adds part 1464 to Title 7 of the resource regulatory requirements related interests. Additionally, NRCS held Code of Federal Regulations to read as to production on eligible lands, several sessions with Indian Tribes and follows: including through alignment of Tribal entities across the country in partnership projects with other national, fiscal year 2019 to describe the 2018 PART 1464—REGIONAL State, and local agencies and programs Farm Bill changes to NRCS conservation CONSERVATION PARTNERSHIP addressing similar natural resource or programs, obtain input about how to PROGRAM environmental concerns, and improve Tribal and Tribal member access to NRCS conservation assistance, Subpart A—General Provisions (ii) Implementing projects that will result in the adoption, installation, and and make any appropriate adjustments Sec. to the regulations that will foster such maintenance of eligible activities that 1464.1 Applicability. affect multiple agricultural or improved access. NRCS will continue to 1464.2 Administration. nonindustrial private forest operations reach out to Indian Tribes and Tribal 1464.3 Definitions. entities to obtain input about how to 1464.4 Funding pool allocations. on a local, regional, State, or multistate improve NRCS delivery of RCPP and 1464.5 Program requirements. basis; our other conservation programs. (3) Encourage flexible and Subpart B—Partnership Agreements streamlined delivery of conservation Unfunded Mandates assistance to producers through 1464.20 Proposal procedures. Title II of the Unfunded Mandates 1464.21 Ranking considerations and partnership agreements; and Reform Act of 1995 (UMRA) (Pub. L. proposal selection. (4) Engage producers and eligible 104–4), requires Federal agencies to 1464.22 Partnership agreements. partners in conservation projects to assess the effects of their regulatory 1464.23 Funding. achieve greater conservation outcomes actions on State, local, and Tribal 1464.24 Modifications, noncompliance, and benefits for producers than would termination, and remedies. Governments or the private sector. otherwise be achieved. 1464.25 Alternative funding arrangements (b) Through RCPP, NRCS provides Agencies generally must prepare a or grant agreements. written statement, including a cost- 1464.26 Supplemental agreements. technical and financial assistance to benefit analysis, for proposed and final 1464.27 Third-party contracts or implement eligible activities through rules with Federal mandates that may agreements. partnership and supplemental result in expenditures of $100 million or agreements with eligible partners and more in any 1 year for State, local, or Subpart C—Program Contracts program contracts with producers. (c) RCPP is available in any of the 50 Tribal Governments, in the aggregate, or 1464.30 Application for contracts and to the private sector. UMRA generally selecting applications for funding. States, the District of Columbia, the requires agencies to consider 1464.31 Program contract requirements. Commonwealth of Puerto Rico, Guam, alternatives and adopt the more cost- 1464.32 Modifications and transfers of land. the Virgin Islands of the United States, effective or least burdensome alternative 1464.33 Violations and remedies. American Samoa, and the that achieves the objectives of the rule. Commonwealth of the Northern Mariana This rule contains no Federal mandates, Subpart D—General Administration Islands. as defined under title II of UMRA, for 1464.40 Appeals. (d) Each program contract, State, local, and Tribal Governments or 1464.41 Compliance with regulatory partnership agreement, and the private sector. Therefore, this rule is measures. supplemental agreement is subject to not subject to the requirements of 1464.42 Access to agricultural operation or the regulations in place on the date it is UMRA. tract. executed.

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§ 1464.2 Administration. Applicant means a producer who has Critical conservation area (CCA) (a) The funds, facilities, and requested in writing to participate in means a geographical area designated by authorities of the Commodity Credit RCPP. the Secretary of Agriculture that Corporation (CCC) are available to NRCS Beginning farmer or rancher means a contains a critical conservation for carrying out RCPP. Accordingly, person, Indian Tribe, Tribal corporation, condition that can be addressed through each reference to NRCS in this part also or legal entity who has not materially the program. refers to CCC funds, facilities, and and substantially operated a farm, Effective control means possession of authorities where applicable. ranch, or nonindustrial private forest the land by ownership, written lease, or (b) No delegation in this part to lower land (NIPF), or who has materially and other legal agreement and authority to organizational levels will preclude the substantially operated a farm, ranch, or act as decision maker for the day-to-day Chief of NRCS from making any NIPF for not more than 10 consecutive management of the operation from the determinations under this part, years, subject to the following time of application and for the duration redelegating to other organizational conditions: of the program contract or applicable levels, or from reversing or modifying (1) In the case of a contract with an terms of a supplemental agreement. Eligible activity means a practice, any determination made under this part. individual, individually or with the immediate family, material and activity, land rental, agreement, (c) NRCS may use other agency-wide substantial participation requires that easement, or related conservation authorities, such as 16 U.S.C. 3842 and the individual provide substantial day- measure that is available under the 31 U.S.C. 1535, to enter into agreements to-day labor and management of the statutory authority for a covered with other Federal or State agencies, farm or ranch, consistent with the program, as determined by NRCS. Indian Tribes, conservation districts, practices in the county or State where Eligible land means any land that units of local government, public or the farm is located. NRCS determines is eligible under private organizations, and individuals to (2) In the case of a contract with an § 1464.5. assist NRCS with implementation of the Eligible partner means an agency, program in this part. entity or joint operation, all members must materially and substantially organization, or other entity specified in (d) To assist in the implementation of participate in the operation of the farm § 1464.5 that NRCS determines the the program, the Chief may waive the or ranch, and no member may have appropriate authority, expertise, and applicability of the limitation in section materially and substantially operated a resources necessary to carry out 1001D of the Food Security Act of 1985 farm, ranch, or NIPF for more than 10 partnership responsibilities. for participating producers if the Chief consecutive years, and material and Historically underserved producer determines that the waiver is necessary substantial participation requires that means a person, joint operation, Indian to fulfill the objectives of the program. each of the members provide some Tribe, or legal entity who is a beginning Section 1001D of the Food Security Act amount of the management, or labor and farmer or rancher, socially of 1985 does not apply to eligible management necessary for day-to-day disadvantaged farmer or rancher, partners. activities, such that if each of the limited resource farmer or rancher, or (e) NRCS will identify in each State a members did not provide these inputs, veteran farmer or rancher. Indian Tribe means any Indian Tribe, program coordinator who will serve as operation of the farm or ranch would be Band, Nation, Pueblo, or other the primary point of contact for seriously impaired. organized group or community, programmatic implementation of RCPP Chief means the Chief of NRCS, including any Alaska Native village or in that State. USDA, or designee. regional or village corporation as (f) NRCS will establish guidance to Conservation benefits means the defined in or established pursuant to the assist eligible partners with quantifying improvements in the status of resource Alaska Native Claims Settlement Act (43 conservation benefits of RCPP concerns, priority resource concerns, U.S.C. 1601 et seq.) that is eligible for implementation. Due to the diversity of and similar project goals resulting from the special programs and services natural resource issues addressed by an the implementation of eligible activities provided by the United States to Indians RCPP project and the diversity of in an RCPP project area. conservation activities that a project because of their status as Indians. Covered program means the— Joint operation means, as defined in may undertake, NRCS will work with (1) Agricultural Conservation each partner to develop project-specific part 1400 of this chapter, a general Easement Program administered under 7 partnership, joint venture, or other outcome approach that will be included CFR part 1468; in the partnership agreement. similar business arrangement in which (2) Environmental Quality Incentives the members are jointly and severally § 1464.3 Definitions. Program administered under 7 CFR part liable for the obligations of the 1466; organization. The following definitions will apply (3) Conservation Stewardship to this part and all documents issued in Lead partner means an eligible Program administered under 7 CFR part partner who is the primary signatory of accordance with this part, unless 1470, except for the Grassland specified otherwise: a partnership agreement with NRCS and Conservation Initiative set forth in is identified as the lead partner in that Agricultural operation means a parcel section 1240L–1 of the Food Security agreement. or parcels of land whether contiguous or Act of 1985; Legal entity means, as defined in part noncontiguous, that is— (4) Healthy Forests Reserve Program 1400 of this chapter, an entity created (1) Under the effective control of the administered under 7 CFR part 625; under Federal or State law that— producer at the time the producer (5) Watershed protection and flood (1) Owns land or an agricultural applies for a program contract; and prevention programs administered commodity, product, or livestock; or (2) That is operated by the producer under 7 CFR part 622, except the (2) Produces an agricultural with equipment, labor, management, Watershed Rehabilitation Program set commodity, product, or livestock. and production, forestry, or cultivation forth in 16 U.S.C. 1012; and Limited resource farmer or rancher practices that are substantially separate (6) Conservation Reserve Program means: from other operations. administered under 7 CFR part 1410. (1) A person who:

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(i) Has direct or indirect gross farm of regional, national, or international eligible lead or nonlead partner that is sales not more than the current indexed significance; subject to the terms of a partnership value in each of the previous 2 years (2) Water quantity improvement, agreement and which furthers the (adjusted for inflation using the Prices including improvement relating to: purposes of the partnership agreement. Paid by Farmer Index as compiled by (i) Drought; Technical service provider (TSP) USDA’s National Agricultural Statistical (ii) Ground water, surface water, means an individual, private-sector Service), and aquifer, or other water sources; or entity, Indian Tribe, or public agency (ii) Has a total household income at or (iii) Water retention and flood either: below the national poverty level for a prevention; (1) Certified pursuant to 7 CFR part family of four, or less than 50 percent (3) Wildlife habitat restoration to 652 and placed on the approved list to of county median household income in address species of concern at a Federal, provide technical services to each of the previous 2 years (to be State, or local level; and participants; or (4) Other natural resource determined annually using Commerce (2) Selected by USDA to assist in improvements, as determined by the Department data); or program implementation through a Chief, within the CCA. (2) A legal entity or joint operation if supplemental agreement or otherwise Producer means a person, legal entity, all individual members independently joint operation, or Indian Tribe who through a procurement contract, qualify under paragraph (1) of this NRCS determines is: contribution agreement, or cooperative definition. (1) Engaged in agricultural production agreement with USDA. Liquidated damages means a sum of or forestry management on the Veteran farmer or rancher means a money stipulated that a participant agricultural operation; or producer who meets the definition in agrees to pay NRCS if the participant (2) The landowner of eligible land for section 2501(a)(7) of the Food, fails to fulfill the terms of the program purposes of a program contract or Agriculture, Conservation, and Trade contract. The sum represents an associated supplemental agreement, as Act of 1990, as amended (7 U.S.C. estimate of the expenses incurred by determined by NRCS. 2279(a)(7)). NRCS to service the program contract Program means the Regional § 1464.4 Funding pool allocations. and reflects the difficulties of proof of Conservation Partnership Program loss and the inconvenience or (RCPP) administered by NRCS under (a) Of the funds made available for the nonfeasibility of otherwise obtaining an this part. program, NRCS will allocate: adequate remedy. Program contract means a binding (1) Fifty percent of the funds to Natural Resources Conservation agreement under the program for the projects based on a State or multistate Service (NRCS) is an agency of the transfer of assistance from NRCS to the competitive process; and USDA, which has responsibility for producer to compensate the producer (2) Fifty percent of the funds to administering RCPP using the funds, for the implementation of eligible projects for the CCAs designated by the facilities, and authorities of the CCC. activities that specifies the rights and Secretary. Nonlead partner means an eligible obligations of any producer (b) NRCS will allocate funds under partner, other than a lead partner, who participating in the program. the funding pools identified under has entered into a supplemental Project resource concern means a paragraph (a) of this section to projects agreement with NRCS consistent with specific resource concern set out in a selected on a competitive basis pursuant the terms of a partnership agreement. partnership agreement that is of special to partnership agreement proposals Nonindustrial private forest land importance or significance for the submitted under the requirements of (NIPF) means rural land, as determined purposes of that partnership agreement. subpart B of this part. by NRCS, that has existing tree cover or Proposal means an offer submitted by § 1464.5 Program requirements. is suitable for growing trees; and is an eligible partner for consideration and owned by any nonindustrial private ranking for selection by NRCS to enter (a) General requirements. individual, group, association, into a partnership agreement. (1) Program participation is voluntary. corporation, Indian Tribe, acequia, or RCPP plan of operations means the (2) NRCS and lead partners enter into other private legal entity that has document that identifies the location partnership agreements that identify the definitive decision-making authority and timing of eligible activities that the purposes and scope of RCPP projects over the land. participant agrees to implement on under the framework of a partnership Participant means a person, legal eligible land. agreement. entity, joint operation, or Indian Tribe Resource concern means a specific (3) NRCS and lead partners enter into who has applied for participation and is natural resource problem that is likely supplemental agreements to facilitate receiving a financial assistance payment to be addressed successfully through the assistance to producers. or is responsible for implementing the implementation of the eligible activities. (4) NRCS enters into program terms and conditions of a program Socially disadvantaged farmer or contracts with producers to provide contract. rancher means a producer who is a program assistance to eligible producers Partnership agreement means a member of a group whose members to implement eligible activities on programmatic agreement between NRCS have been subjected to racial or ethnic eligible land. and a lead partner. prejudices without regard to its (5) NRCS may enter into an Person means a natural person and members’ individual qualities. For an alternative funding arrangement with a does not include a legal entity. entity, at least 50 percent ownership in lead partner for the lead partner to Priority resource concern means a the business entity must be held by deliver program assistance directly to natural resource concern located in a socially disadvantaged individuals. producers in accordance with § 1464.25 CCA that can be addressed through: State Technical Committee means a of this part. (1) Water quality improvement, committee established by NRCS in a (b) Partner eligibility. An eligible including through reducing erosion, State pursuant to 7 CFR part 610, partner may include: promoting sediment control, and subpart C. (1) An agricultural or silvicultural addressing nutrient management Supplemental agreement means a producer association or other group of activities affecting large bodies of water legal document between NRCS and an producers;

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(2) A State or unit of local information, education, and training for (1) Assist producers in meeting or government, including a conservation producers; and other program avoiding the need for a natural resource district; implementation services as identified by regulatory requirement; (3) An Indian Tribe; NRCS. (2) Have a high percentage of (4) A farmer cooperative; (4) NRCS retains approval authority of producers in the area to be covered by (5) An institution of higher education; work done by non-NRCS personnel for the agreement; (6) A water district, irrigation district, the purpose of approving RCPP (3) Significantly leverage non-Federal acequia, rural water district or payments. financial and technical resources and association, or other organization with coordinate with other local, State, or specific water delivery authority to Subpart B—Partnership Agreements national efforts; producers on agricultural land; (4) Build new partnerships with local, (7) A municipal water or wastewater § 1464.20 Proposal procedures. State, and private entities to include a treatment entity; (a) NRCS will: diversity of stakeholders in the project; (8) An organization or entity with an (1) Periodically announce (5) Deliver a high percentage of established history of working opportunities through a simplified applied conservation to achieve cooperatively with producers on competitive process for eligible partners conservation benefits or address the agricultural land, as determined by the to submit proposals for partnership priority resource concern for a Secretary, to address— agreements; and designated CCA; (i) Local conservation priorities (2) Make public the criteria that will (6) Implement the project consistent related to agricultural production, be used to evaluate proposals for with existing watershed, habitat, or wildlife habitat development, and NIPF partnership agreements in each other area restoration plans; (7) Provide innovation in management; or announced project selection conservation methods and delivery, (ii) Critical watershed-scale soil opportunity, which may include including outcome-based performance erosion, water quality, sediment whether NRCS will consider alternative reduction, or other natural resource measures and methods; or funding arrangements or grant (8) Meet other factors that are concerns; or agreements during the selection (9) An eligible entity as identified by important for achieving the purposes of opportunity or whether proposals the program, as determined by NRCS. NRCS pursuant to 7 CFR part 1468. seeking alternative funding (c) Producer eligibility. To be eligible (c) Proposals in CCAs. (1) NRCS will arrangements or grant agreements will select proposals for partnership to receive payments or benefits under have a separate selection opportunity. the program, each producer must— agreements within CCAs that address These criteria will relate to four one or more priority resource concerns (1) Be in compliance with the highly principle categories: Impact, partner erodible land and wetland conservation for which the CCA is designated. cash and in-kind contribution, (2) NRCS will identify the designated provisions found at part 12 of this title; innovation, and project management. (2) Meet the adjusted gross income CCAs and publish the priority resource (b) A partnership agreement proposal payment limitations under part 1400 of concerns for each CCA. submitted by the eligible partner must (3) NRCS will identify the priority this chapter unless waived by the Chief; include the following: resource concerns and associated (3) Have effective control of the land; (4) NRCS may approve interim (1) The scope of the proposed project; ranking criteria in any announcement conservation practice standards or (2) A plan for monitoring, evaluating, under § 1464.20. and reporting on progress made toward activities if— § 1464.22 Partnership agreements. achieving the project’s objectives; (i) New technologies or management (a) In general. Upon selection of a (3) The estimated RCPP funding and approaches that provide a high potential proposal for partnership agreement, other program resources requested for for optimizing conservation benefits NRCS will work with the eligible the project including any advance have been developed; and partner to develop the specifics of the technical assistance for outreach in the (ii) The interim conservation practice partnership agreement. NRCS may offer project area; standard or activity incorporates the a reduced amount of program assistance (4) Whether the eligible partner is new technologies and provides financial from that requested in the proposal for requesting NRCS to consider the assistance for pilot work to evaluate and a partnership agreement or negotiate proposal for funding under an assess the performance, efficiency, and other project details. effectiveness of the new technology or alternative funding arrangement or grant (b) Duration. A partnership agreement management approach. agreement under § 1464.25; between NRCS and a lead partner will (f) Technical service provision. (1) (5) Each eligible partner collaborating be for a period of time: NRCS may use the services of a to achieve project objectives, including (1) Not to exceed 5 years; or qualified TSP, including a qualified their roles, responsibilities, capabilities, (2) That is longer than 5 years if the eligible partner, in meeting its and contribution; and longer period of time is necessary to responsibilities for technical assistance. (6) Other information NRCS may meet the objectives of the program, as (2) Producers or eligible partners may identify as necessary to evaluate and determined by NRCS. use technical services from qualified select proposals. (c) Extension. A partnership personnel of other Federal, State, and agreement, including a renewal of a local agencies, Indian Tribes, or § 1464.21 Ranking considerations and partnership agreement, may be extended proposal selection. individuals who are certified as TSPs not more than one time for a period of under 7 CFR part 652. (a) Final selection. NRCS will rank time not longer than 12 months, as (3) Technical services provided by and select proposals for partnership determined by NRCS. qualified personnel not affiliated with agreements pursuant to the evaluation (d) Requirements. The partnership USDA may include but are not limited criteria listed in 1464.20(a)(2). agreement between NRCS and a lead to: Conservation planning; conservation (b) Priority to certain proposals. NRCS partner will: practice survey, layout, design, may give a higher priority to proposals (1) Specify the scope of a project, installation, and certification; for partnership agreements that— including:

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(i) One or more conservation benefits (2) NRCS may agree to renew the (e) Any funding provided by NRCS that the project will achieve; partnership agreement through an under paragraphs (a) through (d) of this (ii) The eligible activities on eligible expedited process if— section will count against the total land to be conducted under the project (i) The lead partner requests such a amount of funding that NRCS agreed to to achieve conservation benefits; renewal; and provide to the project under the terms (iii) The implementation timeline for (ii) NRCS determines that the project of the partnership agreement. carrying out the project, including any has met or exceeded project objectives interim milestones; as verified by NRCS. § 1464.24 Modification, noncompliance, (iv) The local, State, multistate, or (3) To facilitate expedited renewal, termination, and remedies. other geographic area covered; and NRCS may designate a portion of (a) Modifications. NRCS may modify (v) The planning, outreach, available RCPP funding for expedited a partnership agreement, including implementation, and assessment to be renewal requests. associated supplemental agreements, conducted. (4) NRCS will not rank expedited if— (2) Identify the outreach and renewal requests against new proposals. (1) The lead partner or, as applicable, education to producers for potential (5) Under a renewal of a partnership the nonlead partner agrees to the participation in the project; agreement, the parties may request to modification; and (3) Authorize the lead partner, at the continue to implement the project as (2) NRCS determines the modified request of a producer, to act on behalf defined in the original partnership partnership agreement or associated of a producer participating in the project agreement or expand the scope of the supplemental agreement continues to in applying for assistance under subpart project consistent with the objectives meet the purposes of the program. C of this part; and purposes of the original partnership (b) Noncompliance. In the event of (4) Identify the significant agreement. noncompliance with the partnership contribution to the project costs by the (g) Notification. All eligible partners agreement terms, NRCS will provide the lead partner, including any direct or who submit a proposal for a partnership lead partner written notice as specified indirect funding or in-kind support that agreement or submit a request to renew in the partnership agreement, and, will be contributed to help achieve the a partnership agreement will receive where appropriate, a reasonable project objectives; notification from NRCS regarding opportunity to correct voluntarily the (5) Define the conservation benefits selection or nonselection of the project noncompliance in accordance with the and other outcomes to be achieved by proposal or approval or denial of the terms of the partnership agreement. the project including the impact to any renewal request. (c) Terminations. (1) Lead partners priority or project resource concern; may request that NRCS terminate the (6) Require the lead partner to assess § 1464.23 Funding. partnership agreement, provided the periodically the progress made by the (a) Except as otherwise provided in request for termination is in writing, project in achieving the defined this subpart, NRCS will only provide and includes the reasons for conservation benefits and outcomes; technical and financial assistance to termination. (7) Require the lead partner to report producers through program contracts as (2) NRCS may terminate a partnership to NRCS at the conclusion of the project described in subpart C of this part. agreement if— on the project’s results and funding (b) Notwithstanding the restriction set (i) Justified by the reasons provided leveraged; forth in paragraph (a) of this section, by the lead partner; (8) Set forth the total amount of NRCS may provide technical and (ii) NRCS determines that a financial and technical assistance financial assistance to a partner: modification of the partnership funding that NRCS will reserve to (1) Where the partnership agreement agreement is necessary to comply with support project implementation; is funded through an alternative funding applicable law and the partner does not (9) Establish the general terms and arrangement or grant agreement under concur with such modification; or conditions of any supplemental § 1464.25; or (iii) The lead partner fails to correct agreements that NRCS or the lead (2) Pursuant to a supplemental noncompliance with a term of the partner may enter into with nonlead agreement executed in furtherance of a partnership agreement under paragraph partners; partnership agreement, as set forth in (b) of this section. (10) Identify the terms and conditions § 1464.26. (3) A termination may be justified by under which either NRCS or the lead (c) Notwithstanding the restriction set circumstances beyond the lead partners’ partner may enter into supplemental forth in paragraph (a) of this section, control that prevents completion of one agreements to further the purposes of pursuant to a partnership agreement or or more provisions of the partnership the partnership agreement; supplemental agreement, NRCS may agreement, such as a natural disaster or (11) Identify the other requirements provide funding to a partner for other circumstances in which NRCS identified by NRCS; and technical assistance for an eligible may determine that termination is in the (12) Include any unique requirements purpose, such as: public interest. if the partnership agreement is a grant (1) Providing outreach and education (4) If a program agreement is agreement or alternative funding for potential participation in the project; terminated, the lead partner forfeits all arrangement. (2) Establishing baseline metrics to rights to any remaining technical or (e) Supplemental agreements. NRCS support the development of the financial assistance under the may enter into supplemental agreements assessment required under partnership agreement. with a lead partner or a nonlead partner § 1464.22(d)(6); or (d) Effect on other agreements. to provide technical assistance or to (3) Providing technical assistance to Termination of a partnership agreement assist producers with implementation of producers. under this section will— eligible activities in the project area as (d) Notwithstanding the restriction set (1) Not affect the validity of any identified in § 1464.26. forth in paragraph (a) of this section, program contract that was entered into (f) Partnership agreement renewal. (1) NRCS may enter into third-party within the project area encompassed by As determined by NRCS, a partnership contracts or agreements to meet its the partnership agreement; and agreement may be renewed for a period responsibilities under the program using (2) Result in the termination of a not to exceed 5 years. program funding. supplemental agreement unless NRCS

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determines that the supplemental (c) The terms of an alternative funding partner or nonlead partner is not in agreement would continue to provide arrangement or grant agreement may be compliance with the terms and necessary program implementation made expressly in the partnership conditions of the supplemental assistance to producers with program agreement and may include providing agreement; contracts or otherwise advance an financial assistance directly to the lead (2) The consequences for failure to eligible program activity within the partner or to nonlead partners through remedy noncompliance, including project area. supplemental agreements. termination of the supplemental (e) Refund and right to future (d) NRCS will not enter into more agreement, the requirement to repay any assistance. If NRCS terminates a than 15 partnership agreements funded payments received, forfeit any future partnership agreement due to through an alternative funding payments, and the availability of noncompliance with its terms or arrangement or grant agreement each liquidated damages; conditions, the lead partner will forfeit fiscal year. (3) The impacts of termination of the any right to future assistance under the supplemental agreement upon the partnership agreement and will refund § 1464.26 Supplemental agreements. partnership agreement or any associated all or part of any payments received (a) Authorization. Subject to the program contract; directly by the lead partner, plus conditions in this section and in the (4) The availability, if any, of interest. partnership agreement, NRCS may enter administrative review of NRCS (f) Liquidated damages. (1) NRCS may into supplemental agreements with a determinations under § 1464.40; and include terms in a partnership lead partner or a nonlead partner. (5) Other terms and conditions NRCS agreement that allow for the assessment (b) Effect on programmatic agreement. determines necessary to ensure the of liquidated damages against the lead A supplemental agreement may not effective delivery of program resources partner in the event of an intentional modify the substantive terms of the to producers. breach. partnership agreement. (2) The amount of any liquidated (c) Technical assistance. (1) NRCS § 1464.27 Third-party contracts or agreements. damages will be set at an amount may provide technical assistance funds reasonably calculated to reimburse under a supplemental agreement to (a) Lead and nonlead partners may NRCS for its foreseeable losses in the facilitate the provision of technical employ third-party contracts or event of noncompliance and will not be assistance by the lead partner or agreements to fulfill their obligations punitive in nature. nonlead partner to producers in the under a partnership or supplemental project area. agreement, subject to approval by the § 1464.25 Alternative funding Chief or as allowed per the terms of the arrangements or grant agreements. (2) Any technical assistance funds obligated under a supplemental partnership or supplemental agreement. (a) When the Chief so determines, agreement by NRCS will count against (b) Any costs to a lead or nonlead NRCS may offer to fund a proposal the total amount of technical assistance partner as part of a third-party contract through an alternative funding funds that NRCS agreed to provide to or agreement as described in paragraph arrangement or grant agreement under the project under the terms of the (a) of this section may constitute all or this section. part of a partner contribution described (b) In determining whether to offer to partnership agreement. (d) Financial assistance. Based upon in § 1464.22(d)(4) to the extent that such fund a proposal through an alternative eligibility, evaluation, and selection costs directly relate to fulfilling the funding arrangement or grant criteria developed by NRCS, NRCS may obligations of a partnership or agreement, the Chief will consider the supplemental agreement, as determined extent to which the proposal: provide financial assistance funds under a supplemental agreement if the by NRCS. (1) Will achieve conservation benefits (c) NRCS may employ third-party on a regional or watershed scale; supplemental agreement is: (1) To facilitate the conveyance of an contracts or agreements in order to meet (2) Involves investments in its responsibilities under the terms of an infrastructure (such as roads, dams, and easement to an eligible entity by a producer; approved partnership agreement, irrigation facilities) related to supplemental agreement, or program agricultural or nonindustrial private (2) To implement an eligible activity that is available under 7 CFR part 622, contract, including but not limited to forest production that would benefit easement acquisition services, multiple producers and address natural except for the Watershed Rehabilitation Program set forth in 16 U.S.C. 1012; implementation services, or other goods resource concerns such as drought, or services NRCS determines are wildfire, or water quality impairment on (3) Other situations where a program contract requires the integration of a necessary to meet its responsibilities the land within the proposal area; under RCPP. (3) Addresses natural resource supplemental agreement to facilitate the implementation of an eligible activity, concerns, including the development Subpart C—Program Contracts and implementation of watershed, as determined by NRCS. habitat, or other area restoration plans; (e) Term. A supplemental agreement § 1464.30 Application for program (4) Uses innovative approaches to will be for a term that is within the term contracts and selecting applications for leverage the Federal investment with of a partnership agreement unless NRCS funding. private financial mechanisms, such as: determines that the term of the (a) Evaluation guidelines. In (i) Provision of performance-based supplemental agreement should extend evaluating program contract payments to producers, or beyond the term of the partnership applications, NRCS may take into (ii) Support for an environmental agreement to ensure appropriate consideration the following guidelines: market; and assistance to participating producers or (1) Any producer who has eligible (5) Otherwise demonstrates that the completion of an eligible activity. land in a project area encompassed by goals and objectives of the program (f) Noncompliance and remedies. a partnership agreement may submit an would be more easily achieved by NRCS will incorporate in a application for participation in RCPP. offering to fund the proposal through an supplemental agreement: (2) To the greatest extent practicable, alternative funding arrangement or grant (1) The procedures required in the applications for similar eligible agreement under this section. event of a determination that the lead activities may be grouped together in

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ranking pools for evaluation and § 1464.31 Program contract requirements. is consistent with operation or ranking purposes. (a) Requirement of a program ownership shares; (3) Upon execution of a partnership contract. For a producer to receive (3) Comply with the highly erodible agreement, NRCS will accept producer payments, the producer must enter into land and wetland conservation applications for funding under such a program contract and agree to the provisions found at part 12 of this title agreement throughout the fiscal year terms and conditions associated with at the time of application and and may be evaluated and ranked on a the type of eligible activity to be throughout the contract term; and continuous or ranking-period basis. implemented. (4) Be eligible for payments in (4) NRCS may give priority to (b) Program contract contents. A accordance with part 1400 of this applications that are submitted as part program contract will: chapter, average adjusted gross income of a bundle submitted by a lead partner. (1) Identify the requirements for limitation, including any waiver of (5) In selecting RCPP applications, participation under RCPP, including: these requirements, prior to program NRCS will develop an evaluation and (i) Contract duration; contract approval. ranking process to prioritize eligible (ii) Maximum Federal payment (d) Duplication of payment. (1) Except applications for funding that address the amounts or rates; and as otherwise indicated in this purposes of the project or CCA, (iii) Any other necessary paragraph, any payments received by a including treating the identified project requirements, as determined by NRCS; participant from a State, private entity, or priority resource concerns, as (2) Identify: or person for the implementation of one applicable. (i) The eligible activities that the or more eligible activities on eligible land will be in addition to the payments (b) Selection order. (1) NRCS will participant agrees to implement; and provided to the participant under this select eligible applications for funding (ii) The requirements to demonstrate part. in order of ranking priority taking into successful implementation of the eligible activities; (2) NRCS will not issue financial account identified evaluation periods assistance to a participant through a and ranking pools. (3) Incorporate the RCPP plan of operations, as applicable, which program contract for eligible activities (2) NRCS may decline to select an on eligible land if the participant eligible application if the remaining includes— (i) Identification of eligible activities receives payments or other benefits for funding is insufficient to fund that contained in the program contract, the same or similar eligible activity on application and NRCS may proceed to including which resource concerns each the same land under any other the next application in ranked order that eligible activity addresses; conservation program administered by can be funded with available funding. (ii) A schedule or timeline for USDA. (3) NRCS, in consultation with the implementation of selected eligible (3) NRCS will not provide technical or lead partner, may identify and establish activities, as applicable; and financial assistance to a participant for in the partnership agreement other (iii) Other criteria as determined more than one eligible activity to limited circumstances that may warrant necessary by NRCS; achieve the same resource benefit on the selection of eligible applications outside (4) Incorporate provisions to further same land during the same time period. of a strictly applied rank order because the purposes of the partnership such application is critical to the § 1464.32 Modifications and transfers of agreement; land. success of a project that provides (5) Incorporate all provisions as conservation benefits to multiple (a) Modifications. NRCS may modify required by statute or regulation, a program contract, if: producers or landowners in a including requirements that the community, watershed, or other (1) The parties agree to the participant will: modification, and geographic area. (i) Not conduct any action that would (c) Public information. Pursuant to the (2) NRCS determines the modified defeat the program’s purposes; program contract continues to meet the terms of the partnership agreement, (ii) Refund any program payments NRCS or the lead partner will make purposes of the program. received with interest, and forfeit any (b) Notice of loss of effective control. available to the public sign-up future payments under the program, on NRCS may terminate an entire program information, including the identification the violation of a term or condition of contract if, within the time specified in of program and priority resource the program contract, consistent with the program contract, the participant concerns, a listing of eligible activities, the provisions of § 1464.36; and does not provide NRCS with written payment rates for certain eligible (iii) Supply information if required by notice regarding any voluntary or activities, State supplemental guidance, NRCS to determine compliance with involuntary loss of effective control of and contact information for the RCPP program requirements; and any acreage under the program contract, State coordinators available to assist (6) Specify any other provision which includes changes in the partners and applicants with the determined necessary or appropriate by participant’s ownership structure or program. NRCS to ensure the program purpose is corporate form. (d) Applications in CCAs. (1) NRCS met. (c) Approval of transfer. NRCS may will identify the designated CCAs and (c) Payment eligibility. To be eligible approve a transfer of a program contract publish priority resource concerns for a to enter into a program contract or if: CCA project. receive a payment, an applicant or (1) NRCS has documented notice from (2) NRCS will select eligible participant must— the current participant that identifies applications for program contracts (1) Provide a tax identification the new producer who will take control within CCAs that address one or more number; however, where applicable, of the acreage, as required in paragraph priority resource concerns for which the American Indians, Alaska Natives, and (e) of this section; CCA is designated. Pacific Islanders may use another (2) The current participant transfers (3) NRCS will identify the priority unique identification number for each rights and responsibilities to the new resource concerns and associated individual eligible for payment; producer; ranking criteria in any announcement (2) Indicate, where applicable, the (3) The new producer meets program under § 1464.20. percent interest share in a payment that eligibility requirements within a

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reasonable time frame, as determined by require modification as a condition to a participant does not agree to such NRCS, and agrees to assume the rights keep the program contract in effect. corrections, NRCS will terminate the and responsibilities from the current (c) Refund and right to future program contract. participant for the acreage under the assistance. If NRCS terminates a program contract; and program contract due to a violation of Subpart D—General Administration its terms or conditions, the participant (4) NRCS determines that the § 1464.40 Appeals. purposes of the program will continue will forfeit any right to future assistance (a) Participants under program to be met despite the current under the program contract and will contracts. A participant may obtain participant’s losing effective control of refund all or part of any payments administrative review of an adverse all or a portion of the land under received by the participant, plus decision under RCPP in accordance contract. interest. (d) Payment status. (1) Until NRCS (d) Liquidated damages. (1) NRCS with parts 11 and 614 of this title. Any approves the transfer of program may include terms in a program contract and all determination in matters of contract rights, the transferee is not a that allow for the assessment of general applicability, such as payment participant in the program and may not liquidated damages in the event of a rates, the designation of identified program or priority resource concerns, receive payment for eligible activities violation. and eligible activities are not subject to implemented prior to NRCS approval of (2) The amount of any liquidated damages will be set at an amount appeal. the program contract transfer. (b) Lead partners and nonlead (2) For program contract payment reasonably calculated to reimburse partners under partnership or purposes, NRCS will consider the NRCS for its foreseeable losses in the event of a violation by the participant supplemental agreements. transferor to be the participant to whom (1) A lead partner or nonlead partner payments may be made for eligible and will not be punitive in nature. (3) NRCS will enforce a liquidated may obtain a review of any activities implemented when NRCS administrative determination approval of the program contract damage provision if the Chief determines doing so is in the best concerning eligibility as a partner under transfer is pending. the program or eligibility for financial (e) Right to terminate. NRCS may not interests of RCPP. (e) Hardships. (1) NRCS may allow a assistance payments under an approve a program contract transfer and agreement that obligated financial may terminate the program contract in participant in a program contract terminated in accordance with the assistance funds utilizing the its entirety if NRCS determines that the administrative appeal regulations loss of effective control of the land was provisions of paragraph (b) of this section to retain a portion of any provided in 7 CFR parts 11 and 614. voluntary, the participant’s written (2) NRCS provision of technical payments received appropriate to the notification of loss of effective control assistance funds under a partnership effort the participant has made to was not provided to NRCS within the agreement or supplemental agreement comply with the program contract, or in specified timeframe, the new producer are not subject to administrative review cases of hardship, where NRCS is not eligible or willing to assume as the provision of such funds are to determines that forces beyond the responsibilities under the contract, or assist NRCS with its implementation of participant’s control prevented the purposes of the program cannot be the program consistent with 16 U.S.C. compliance with the program contract. met. 3842 and are not program payments or (f) Run with the land. Once an (2) The condition that is the basis for the participant’s inability to comply benefits to a lead partner or nonlead easement deed has been acquired, an partner. easement will run with the land and with the program contract must not bind all successors and assigns. have existed at the time the program § 1464.41 Compliance with regulatory Subordination, modification, exchange, contract was executed by the measures. or termination of an easement acquired participant. Participants who implement eligible under this part will be consistent with (3) If a participant believes that such activities will be responsible for the policies and procedures under 7 a hardship condition exists, the obtaining the authorities, rights, CFR part 1468. participant may submit a written easements, permits, or other approvals (g) Reestablishment. In the event an request to NRCS for relief pursuant to necessary for their implementation eligible activity fails through no fault of this paragraph and any such request consistent with applicable statutes and the participant, NRCS may issue will contain documentation sufficient regulations. Participants will be payments to reestablish the eligible for NRCS to determine that this responsible for compliance with all laws activity, subject to such limitations that hardship condition exists. and for all effects or actions resulting NRCS may establish. (f) Death, incompetency, from the participant’s performance disappearance. In the case of death, under the contract. § 1464.33 Violations and remedies. incompetency, or disappearance of any (a) Reasonable notice. In the event of participant, NRCS may, as identified in § 1464.42 Access to agricultural operation a violation of the program contract the program contract, terminate the or tract. terms, NRCS will provide the contract, make any payments due under Any authorized NRCS representative participant written notice as specified in this part pursuant to guidance under will have the right to enter an the program contract, and, where applicable provisions of parts 707 and agricultural operation or tract of land for appropriate, a reasonable opportunity to 1400 of this title (including payment to the purposes of determining eligibility, voluntarily correct the violation in successor(s)), or take any further action conducting ranking and due diligence accordance with the terms of the that the Chief determines is fair and activities, and for ascertaining the program contract. reasonable in light of all of the accuracy of any representations related (b) Voluntary correction. If the circumstances. to agreement or contract performance. participant fails to correct the violation (g) Administrative errors. NRCS Access will include the right to provide of a term of the program contract in the reserves the right to correct any and all technical assistance, determine timeframe specified by NRCS, NRCS errors in entering data or the results of eligibility, conduct ranking and onsite may terminate the program contract or computations in a program contract. If inspections prior to execution of an

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agreement or contract, inspect any agreements if it is determined that the DEPARTMENT OF TRANSPORTATION actions undertaken under the agreement participant has knowingly: Federal Aviation Administration or contract, and collect information (1) Adopted any scheme or device necessary to evaluate agreement or that tends to defeat the purpose of the 14 CFR Part 39 contract performance, as specified in the program; agreement or contract. The NRCS (2) Made any fraudulent representative will attempt to contact [Docket No. FAA–2019–0714; Product the applicant or participant prior to representation to NRCS; Identifier 2019–NM–103–AD; Amendment exercising this provision. (3) Adopted any scheme or device for 39–21021; AD 2019–26–10] the purpose of depriving any tenant or § 1464.43 Equitable relief. sharecropper of the payments to which RIN 2120–AA64 (a) If a participant relied upon the such person would otherwise be advice or action of NRCS and did not entitled under the program; or Airworthiness Directives; Bombardier, know, or have reason to know, that the Inc. Airplanes action or advice was improper or (4) Misrepresented any fact affecting a erroneous, the participant may be program determination. AGENCY: Federal Aviation eligible for equitable relief under 7 CFR (c) If NRCS determines that a Administration (FAA), Department of part 635; however, the financial or participant has violated the terms of a Transportation (DOT). program contract, a lead partner has technical liability for any action by a ACTION: Final rule. participant that was taken based on the violated the terms of a partnership advice of a TSP will remain with the agreement, or a lead partner or nonlead SUMMARY: The FAA is adopting a new TSP and will not be assumed by NRCS. partner has violated the terms of a airworthiness directive (AD) for all (b) If a participant has been found in supplemental agreement, NRCS may Bombardier, Inc., Model CL–600–2C10 violation of a program requirement determine that the severity of the (Regional Jet Series 700, 701 & 702) through failure to comply fully with that violation renders the participant, lead airplanes; Model CL–600–2D15 requirement, the participant may be partner, or nonlead partner, (Regional Jet Series 705) airplanes; eligible for equitable relief under 7 CFR respectively, ineligible for future NRCS Model CL–600–2D24 (Regional Jet part 635. conservation program consideration in Series 900) airplanes; and Model CL– accordance with applicable suspension § 1464.44 Offsets and assignments. 600–2E25 (Regional Jet Series 1000) and debarment regulations. airplanes. This AD was prompted by a (a) Except as provided in paragraph report of incorrectly installed flight (b) of this section, any payment or § 1464.46 Environmental credits for compartment door edge protection portion thereof to any person, legal conservation improvements. plates on both sides of the upper entity, joint operation, or Indian Tribe NRCS recognizes that environmental decompression panel. This AD requires will be made without regard to benefits will be achieved by revising the existing maintenance or questions of title to the payment under implementing eligible activities funded inspection program, as applicable, to State law and without regard to any through RCPP, and a participant may incorporate a functional check of the claim or lien against the crop, or obtain environmental credits as a result flight compartment door decompression proceeds thereof, in favor of the owner of implementing additional eligible latches. The FAA is issuing this AD to or any other creditor except agencies of activities through an environmental address the unsafe condition on these the U.S. Government. The regulations service market if one of the purposes of products. governing offsets and withholdings the market is the facilitation of found at part 1403 of this chapter will additional conservation benefits that are DATES: This AD is effective March 19, apply to contract payments. consistent with the purposes of a 2020. (b) Any person, legal entity, Indian program contract or supplemental The Director of the Federal Register Tribe, eligible entity, or other party agreement. NRCS asserts no direct or approved the incorporation by reference entitled to any cash payment under this indirect interest on these credits. of a certain publication listed in this AD program may assign the right to receive However, NRCS retains the authority to as of March 19, 2020. such cash payments, in whole or in part. ensure that operation and maintenance ADDRESSES: For service information § 1464.45 Misrepresentation and scheme (O&M) requirements for RCPP-funded identified in this final rule, contact or device. eligible activities are met. Where the Bombardier, Inc., 400 Coˆte Vertu Road (a) A person, legal entity, joint non-RCPP funded additional eligible West, Dorval, Que´bec H4S 1Y9, Canada; operation, or Indian Tribe that is activities may impact the land under a Widebody Customer Response Center determined to have erroneously program contract or supplemental North America toll-free telephone 1– represented any fact affecting a program agreement, producers and participants 866–538–1247 or direct-dial telephone determination made in accordance with are highly encouraged to request an 1–514–855–2999; fax 514–855–7401; this part will not be entitled to O&M compatibility determination from email [email protected]; payments under RCPP and must refund NRCS prior to entering into any internet https://www.bombardier.com. to NRCS all RCPP payments, plus environmental credit agreements. You may view this service information interest, determined in accordance with Matthew Lohr, at the FAA, Transport Standards part 1403 of this chapter. Branch, 2200 South 216th St., Des (b) A participant will lose all interest Chief, Natural Resources Conservation Moines, WA. For information on the Service. in all contracts or agreements with availability of this material at the FAA, NRCS and will refund to NRCS all Robert Stephenson, call 206–231–3195. It is also available payments, plus interest determined in Executive Vice President, Commodity Credit on the internet at https:// accordance with part 1403 of this Corporation. www.regulations.gov by searching for chapter, received by such participant [FR Doc. 2020–01812 Filed 2–12–20; 8:45 am] and locating Docket No. FAA–2019– with respect to all contracts and BILLING CODE 3410–16–P 0714.

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Examining the AD Docket issuing this AD to address incorrect The FAA estimates the following costs You may examine the AD docket on installation of the flight compartment to comply with this AD: the internet at https:// door edge protection plates on both The FAA has determined that revising www.regulations.gov by searching for sides of the flight compartment door the existing maintenance or inspection and locating Docket No. FAA–2019– upper decompression panel. This program takes an average of 90 0714; or in person at Docket Operations condition, if not corrected, could result workhours per operator, although the between 9 a.m. and 5 p.m., Monday in the inability of the flight FAA recognizes that this number may through Friday, except Federal holidays. compartment door upper vary from operator to operator. In the The AD docket contains this final rule, decompression panel to open during a past, the FAA has estimated that this the regulatory evaluation, any rapid decompression event. This action takes 1 work-hour per airplane. comments received, and other inability to relieve the pressure in the Since operators incorporate information. The address for Docket flight compartment may compromise maintenance or inspection program Operations is U.S. Department of the structural integrity of the bulkhead changes for their affected fleet(s), the Transportation, Docket Operations, M– between the flight compartment and the FAA has determined that a per-operator 30, West Building Ground Floor, Room passenger cabin. See the MCAI for estimate is more accurate than a per- airplane estimate. Therefore, the FAA W12–140, 1200 New Jersey Avenue SE, additional background information. estimates the total cost per operator to Washington, DC 20590. Comments be $7,650 (90 work-hours × $85 per FOR FURTHER INFORMATION CONTACT: Aziz work-hour). Ahmed, Aerospace Engineer, Airframe The FAA gave the public the and Propulsion Section, FAA, New York opportunity to participate in developing Authority for This Rulemaking ACO Branch, 1600 Stewart Avenue, this final rule. The FAA has considered the comment received. Victor Title 49 of the United States Code Suite 410, Westbury, NY 11590; specifies the FAA’s authority to issue telephone 516–228–7329; fax 516–794– Oscilowicz indicated his support for the NPRM. rules on aviation safety. Subtitle I, 5531; email [email protected]. section 106, describes the authority of SUPPLEMENTARY INFORMATION: Conclusion the FAA Administrator. Subtitle VII: Discussion The FAA reviewed the relevant data, Aviation Programs, describes in more detail the scope of the Agency’s Transport Canada Civil Aviation considered the comment received, and determined that air safety and the authority. (TCCA), which is the aviation authority The FAA is issuing this rulemaking public interest require adopting this for Canada, has issued Canadian AD under the authority described in final rule as proposed, except for minor CF–2019–20R1, dated May 31, 2019 Subtitle VII, Part A, Subpart III, Section editorial changes. The FAA has (referred to after this as the Mandatory 44701: ‘‘General requirements.’’ Under Continuing Airworthiness Information, determined that these minor changes: • that section, Congress charges the FAA or ‘‘the MCAI’’), to correct an unsafe Are consistent with the intent that with promoting safe flight of civil condition for all Bombardier, Inc., was proposed in the NPRM for aircraft in air commerce by prescribing Model CL–600–2C10 (Regional Jet addressing the unsafe condition; and regulations for practices, methods, and • Series 700, 701 & 702) airplanes; Model Do not add any additional burden procedures the Administrator finds CL–600–2D15 (Regional Jet Series 705) upon the public than was already necessary for safety in air commerce. airplanes; Model CL–600–2D24 proposed in the NPRM. This regulation is within the scope of (Regional Jet Series 900) airplanes; and Related Service Information Under 1 that authority because it addresses an Model CL–600–2E25 (Regional Jet Series CFR Part 51 unsafe condition that is likely to exist or 1000) airplanes. You may examine the develop on products identified in this MCAI in the AD docket on the internet Bombardier, Inc., has issued Task rulemaking action. at https://www.regulations.gov by 251700–202, ‘‘Functional Check of the This AD is issued in accordance with searching for and locating Docket No. Flight Compartment Door authority delegated by the Executive FAA–2019–0714. Decompression Latches,’’ of Section 1, Director, Aircraft Certification Service, The FAA issued a notice of proposed ‘‘Systems and Power Plant Program,’’ as authorized by FAA Order 8000.51C. rulemaking (NPRM) to amend 14 CFR Subject 1–25, ‘‘Equipment and In accordance with that order, issuance part 39 by adding an AD that would Furnishings,’’ of the Bombardier Model of ADs is normally a function of the apply to all Bombardier, Inc., Model CL–600–2C10, CL–600–2D15, CL–600– Compliance and Airworthiness CL–600–2C10 (Regional Jet Series 700, 2D24, and CL–600–2E25 Series 700/ Division, but during this transition 701 & 702) airplanes; Model CL–600– 705/900/1000 Maintenance Review period, the Executive Director has 2D15 (Regional Jet Series 705) airplanes; Board Report, Maintenance delegated the authority to issue ADs Model CL–600–2D24 (Regional Jet Requirements Manual—Part 1, Volume applicable to transport category Series 900) airplanes; and Model CL– 1, CSP B–053, Revision 18, dated July airplanes and associated appliances to 600–2E25 (Regional Jet Series 1000) 25, 2018. This service information the Director of the System Oversight airplanes. The NPRM published in the describes a functional check of the flight Division. Federal Register on October 9, 2019 (84 compartment door decompression FR 54051). The NPRM was prompted by latches. This service information is Regulatory Findings a report of incorrectly installed flight reasonably available because the This AD will not have federalism compartment door edge protection interested parties have access to it implications under Executive Order plates on both sides of the upper through their normal course of business 13132. This AD will not have a decompression panel. The NPRM or by the means identified in the substantial direct effect on the States, on proposed to require revising the existing ADDRESSES section. the relationship between the national maintenance or inspection program, as government and the States, or on the Costs of Compliance applicable, to incorporate a functional distribution of power and check of the flight compartment door The FAA estimates that this AD responsibilities among the various decompression latches. The FAA is affects 522 airplanes of U.S. registry. levels of government.

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For the reasons discussed above, I flight compartment door upper FAA; or Transport Canada Civil Aviation certify that this AD: decompression panel to open during a rapid (TCCA); or Bombardier, Inc.’s TCCA Design (1) Is not a ‘‘significant regulatory decompression event. This inability to Approval Organization (DAO). If approved by action’’ under Executive Order 12866, relieve the pressure in the flight the DAO, the approval must include the (2) Will not affect intrastate aviation compartment may compromise the structural DAO-authorized signature. integrity of the bulkhead between the flight in Alaska, and compartment and the passenger cabin. (j) Related Information (3) Will not have a significant economic impact, positive or negative, (f) Compliance (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian on a substantial number of small entities Comply with this AD within the AD CF–2019–20R1, dated May 31, 2019, for under the criteria of the Regulatory compliance times specified, unless already done. related information. This MCAI may be Flexibility Act. found in the AD docket on the internet at List of Subjects in 14 CFR Part 39 (g) Maintenance or Inspection Program https://www.regulations.gov by searching for Revision and locating Docket No. FAA–2019–0714. Air transportation, Aircraft, Aviation Within 30 days after the effective date of (2) For more information about this AD, safety, Incorporation by reference, this AD, revise the existing maintenance or contact Aziz Ahmed, Aerospace Engineer, Safety. inspection program, as applicable, to Airframe and Propulsion Section, FAA, New Adoption of the Amendment incorporate the information specified in Task York ACO Branch, 1600 Stewart Avenue, 251700–202, ‘‘Functional Check of the Flight Suite 410, Westbury, NY 11590; telephone Accordingly, under the authority Compartment Door Decompression Latches,’’ 516–228–7329; fax 516–794–5531; email 9- delegated to me by the Administrator, of Section 1, ‘‘Systems and Power Plant [email protected]. the FAA amends 14 CFR part 39 as Program,’’ Subject 1–25, ‘‘Equipment and follows: Furnishings,’’ of the Bombardier Model CL– (k) Material Incorporated by Reference 600–2C10, CL–600–2D15, CL–600–2D24, and (1) The Director of the Federal Register PART 39—AIRWORTHINESS CL–600–2E25 Series 700/705/900/1000 approved the incorporation by reference Maintenance Review Board Report, DIRECTIVES (IBR) of the service information listed in this Maintenance Requirements Manual—Part 1, Volume 1, CSP B–053, Revision 18, dated paragraph under 5 U.S.C. 552(a) and 1 CFR ■ 1. The authority citation for part 39 part 51. continues to read as follows: July 25, 2018. The initial compliance time for doing the task is within 8,000 flight hours (2) You must use this service information Authority: 49 U.S.C. 106(g), 40113, 44701. after this task is incorporated into the as applicable to do the actions required by existing maintenance or inspection program, this AD, unless this AD specifies otherwise. § 39.13 [Amended] or within 30 days after the effective date of (i) Task 251700–202, ‘‘Functional Check of ■ 2. The FAA amends § 39.13 by adding this AD, whichever occurs later. Repeat the the Flight Compartment Door Decompression the following new airworthiness task thereafter at intervals not to exceed Latches,’’ of Section 1, ‘‘Systems and Power directive (AD): 8,000 flight hours. Plant Program,’’ Subject 1–25, ‘‘Equipment (h) No Alternative Actions or Intervals and Furnishings,’’ of the Bombardier Model 2019–26–10 Bombardier, Inc.: Amendment CL–600–2C10, CL–600–2D15, CL–600–2D24, 39–21021; Docket No. FAA–2019–0714; After the existing maintenance or and CL–600–2E25 Series 700/705/900/1000 inspection program has been revised as Product Identifier 2019–NM–103–AD. Maintenance Review Board Report, required by paragraph (g) of this AD, no (a) Effective Date alternative actions (e.g., inspections) or Maintenance Requirements Manual—Part 1, This AD is effective March 19, 2020. intervals may be used unless the actions and Volume 1, CSP B–053, Revision 18, dated intervals are approved as an alternative July 25, 2018. (b) Affected ADs method of compliance (AMOC) in (ii) [Reserved] None. accordance with the procedures specified in (3) For service information identified in paragraph (i)(1) of this AD. this AD, contact Bombardier, Inc., 400 Coˆte (c) Applicability Vertu Road West, Dorval, Que´bec H4S 1Y9, (i) Other FAA AD Provisions This AD applies to the airplanes identified Canada; Widebody Customer Response in paragraphs (c)(1) through (4) of this AD, The following provisions also apply to this Center North America toll-free telephone 1– certificated in any category, all serial AD: 866–538–1247 or direct-dial telephone 1– numbers. (1) Alternative Methods of Compliance 514–855–2999; fax 514–855–7401; email (1) Bombardier, Inc., Model CL–600–2C10 (AMOCs): The Manager, New York ACO [email protected]; internet (Regional Jet Series 700, 701 & 702) airplanes. Branch, FAA, has the authority to approve https://www.bombardier.com. (2) Bombardier, Inc., Model CL–600–2D15 AMOCs for this AD, if requested using the (4) You may view this service information (Regional Jet Series 705) airplanes. procedures found in 14 CFR 39.19. In (3) Bombardier, Inc., Model CL–600–2D24 accordance with 14 CFR 39.19, send your at the FAA, Transport Standards Branch, (Regional Jet Series 900) airplanes. request to your principal inspector or local 2200 South 216th St., Des Moines, WA. For (4) Bombardier, Inc., Model CL–600–2E25 Flight Standards District Office, as information on the availability of this (Regional Jet Series 1000) airplanes. appropriate. If sending information directly material at the FAA, call 206–231–3195. to the manager of the certification office, (5) You may view this service information (d) Subject send it to ATTN: Program Manager, that is incorporated by reference at the Air Transport Association (ATA) of Continuing Operational Safety, FAA, New National Archives and Records America Code 25, Equipment/furnishings. York ACO Branch, 1600 Stewart Avenue, Administration (NARA). For information on Suite 410, Westbury, NY 11590; telephone the availability of this material at NARA, (e) Reason 516–228–7300; fax 516–794–5531. Before email [email protected], or go to: https:// This AD was prompted by a report of using any approved AMOC, notify your www.archives.gov/federal-register/cfr/ibr- incorrectly installed flight compartment door appropriate principal inspector, or lacking a locations.html. edge protection plates on both sides of the principal inspector, the manager of the local upper decompression panel. The FAA is flight standards district office/certificate Issued on January 3, 2020. issuing this AD to address incorrect holding district office. John P. Piccola, installation of the flight compartment door (2) Contacting the Manufacturer: For any Acting Director, System Oversight Division, requirement in this AD to obtain corrective edge protection plates on both sides of the Aircraft Certification Service. flight compartment door upper actions from a manufacturer, the action must decompression panel. This condition, if not be accomplished using a method approved [FR Doc. 2020–02837 Filed 2–12–20; 8:45 am] corrected, could result in the inability of the by the Manager, New York ACO Branch, BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for pressurization tests of the reservoir air and locating Docket No. FAA–2019– pressurization lines for pipe rupture and Federal Aviation Administration 0864. leaks, and repair or replacement if necessary. Examining the AD Docket 14 CFR Part 39 The FAA is issuing this AD to address You may examine the AD docket on [Docket No. FAA–2019–0864; Product air leaks that could result in the loss of Identifier 2019–NM–140–AD; Amendment the internet at https:// a hydraulic system and consequent 39–19834; AD 2020–02–22] www.regulations.gov by searching for reduced controllability of the airplane. and locating Docket No. FAA–2019– RIN 2120–AA64 See the MCAI for additional background 0864; or in person at Docket Operations information. between 9 a.m. and 5 p.m., Monday Airworthiness Directives; Airbus SAS through Friday, except Federal holidays. Comments Airplanes The AD docket contains this final rule, The FAA gave the public the AGENCY: Federal Aviation the regulatory evaluation, any opportunity to participate in developing Administration (FAA), Department of comments received, and other this final rule. We have considered the Transportation (DOT). information. The address for Docket comment received. The Air Line Pilots ACTION: Final rule. Operations is U.S. Department of Association, International (ALPA) stated Transportation, Docket Operations, that it supports the NPRM. SUMMARY: The FAA is adopting a new M–30, West Building Ground Floor, airworthiness directive (AD) for all Room W12–140, 1200 New Jersey Conclusion Airbus SAS Model A300 B4–600, B4– Avenue SE, Washington, DC 20590. The FAA reviewed the relevant data, 600R, and F4–600R series airplanes, and FOR FURTHER INFORMATION CONTACT: Dan Model A300 C4–605R Variant F considered the comment received, and Rodina, Aerospace Engineer, determined that air safety and the airplanes (collectively called Model International Section, Transport A300–600 series airplanes); and Model public interest require adopting this Standards Branch, FAA, 2200 South final rule as proposed, except for minor A310 series airplanes. This AD was 216th St., Des Moines, WA 98198; prompted by a determination that new editorial changes. The FAA has telephone and fax 206–231–3225; email determined that these minor changes: tests are necessary to address potential [email protected]. air leaks in the reservoir air • Are consistent with the intent that SUPPLEMENTARY INFORMATION: pressurization lines. This AD requires was proposed in the NPRM for repetitive pressurization tests of the Discussion addressing the unsafe condition; and • reservoir air pressurization lines for The EASA, which is the Technical Do not add any additional burden pipe rupture and leaks, and repair or Agent for the Member States of the upon the public than was already replacement if necessary, as specified in European Union, has issued EASA AD proposed in the NPRM. a European Union Aviation Safety 2019–0188, dated July 31, 2019 (‘‘EASA Related IBR Material Under 1 CFR Part Agency (EASA) AD, which is AD 2019–0188’’) (also referred to as the 51 incorporated by reference. The FAA is Mandatory Continuing Airworthiness issuing this AD to address the unsafe Information, or ‘‘the MCAI’’), to correct EASA AD 2019–0188 describes condition on these products. an unsafe condition for all Airbus SAS airworthiness limitations involving DATES: This AD is effective March 19, Model A300–600 series airplanes; repetitive pressurization tests of the 2020. Model A310 series airplanes; and Model reservoir air pressurization lines for The Director of the Federal Register A300F4–608ST airplanes. Model pipe rupture and leaks, and repair and approved the incorporation by reference A300F4–608ST airplanes are not replacement of affected hydraulic pipes, of a certain publication listed in this AD certified by the FAA and are not ducts, and pressurization lines. This as of March 19, 2020. included on the U.S. type certificate material is reasonably available because ADDRESSES: For the material data sheet; this AD therefore does not the interested parties have access to it incorporated by reference (IBR) in this include those airplanes in the through their normal course of business AD, contact the EASA, Konrad- applicability. or by the means identified in the Adenauer-Ufer 3, 50668 Cologne, The FAA issued a notice of proposed ADDRESSES section. Germany; telephone +49 221 89990 rulemaking (NPRM) to amend 14 CFR Interim Action 1000; email [email protected]; part 39 by adding an AD that would internet www.easa.europa.eu. You may apply to all Airbus SAS Model A300– The FAA considers this AD interim find this IBR material on the EASA 600 series airplanes; and Model A310 action. If final action is later identified, website at https://ad.easa.europa.eu. series airplanes. The NPRM published the FAA might consider further You may view this IBR material at the in the Federal Register on November 15, rulemaking. FAA, Transport Standards Branch, 2200 2019 (84 FR 62488). The NPRM was Costs of Compliance South 216th St., Des Moines, WA. For prompted by a determination that new information on the availability of this tests are necessary to address potential The FAA estimates that this AD material at the FAA, call 206–231–3195. air leaks in the reservoir air affects 123 airplanes of U.S. registry. It is also available in the AD docket on pressurization lines. The NPRM The FAA estimates the following costs the internet at https:// proposed to require repetitive to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

2 work-hours × $85 per hour = 170 per inspection $0 $170 per inspection cycle ...... $20,910 per inspection cycle. cycle.

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The FAA estimates the following the results of any required actions. The number of aircraft that might need this costs to do any necessary on-condition FAA has no way of determining the on-condition action: action that would be required based on

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Cost per Labor cost Parts cost product

3 work-hours × $85 per hour = $255 ...... $0 $255

Authority for This Rulemaking PART 39—AIRWORTHINESS (h) Exceptions to EASA AD 2019–0188 Title 49 of the United States Code DIRECTIVES (1) Where EASA AD 2019–0188 refers to its specifies the FAA’s authority to issue effective date, this AD requires using the ■ 1. The authority citation for part 39 effective date of this AD. rules on aviation safety. Subtitle I, continues to read as follows: (2) The ‘‘Remarks’’ section of EASA AD section 106, describes the authority of 2019–0188 does not apply to this AD. the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. (i) Other FAA AD Provisions Aviation Programs, describes in more § 39.13 [Amended] detail the scope of the Agency’s The following provisions also apply to this ■ authority. 2. The FAA amends § 39.13 by adding AD: The FAA is issuing this rulemaking the following new airworthiness (1) Alternative Methods of Compliance directive (AD): (AMOCs): The Manager, International under the authority described in Section, Transport Standards Branch, FAA, Subtitle VII, Part A, Subpart III, Section 2020–02–22 Airbus SAS: Amendment 39– has the authority to approve AMOCs for this 44701: ‘‘General requirements.’’ Under 19834; Docket No. FAA–2019–0864; AD, if requested using the procedures found that section, Congress charges the FAA Product Identifier 2019–NM–140–AD. in 14 CFR 39.19. In accordance with 14 CFR with promoting safe flight of civil (a) Effective Date 39.19, send your request to your principal inspector or local Flight Standards District aircraft in air commerce by prescribing This AD is effective March 19, 2020. regulations for practices, methods, and Office, as appropriate. If sending information (b) Affected ADs directly to the International Section, send it procedures the Administrator finds to the attention of the person identified in None. necessary for safety in air commerce. paragraph (j) of this AD. Information may be This regulation is within the scope of (c) Applicability emailed to: 9-ANM-116-AMOC-REQUESTS@ that authority because it addresses an This AD applies to all Airbus SAS Model faa.gov. Before using any approved AMOC, unsafe condition that is likely to exist or airplanes specified in paragraphs (c)(1) notify your appropriate principal inspector, develop on products identified in this through (5) of this AD, certificated in any or lacking a principal inspector, the manager rulemaking action. category. of the local flight standards district office/ (1) Model A300 B4–601, B4–603, B4–620, certificate holding district office. Regulatory Findings and B4–622 airplanes. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions This AD will not have federalism (2) Model A300 B4–605R and B4–622R airplanes. from a manufacturer, the instructions must implications under Executive Order be accomplished using a method approved 13132. This AD will not have a (3) Model A300 F4–605R and F4–622R airplanes. by the Manager, International Section, substantial direct effect on the States, on (4) Model A300 C4–605R Variant F Transport Standards Branch, FAA; or EASA; the relationship between the national airplanes. or Airbus SAS’s EASA Design Organization government and the States, or on the (5) Model A310–203, –204, –221, –222, Approval (DOA). If approved by the DOA, distribution of power and –304, –322, –324, and –325 airplanes. the approval must include the DOA- authorized signature. responsibilities among the various (d) Subject (3) Required for Compliance (RC): For any levels of government. service information referenced in EASA AD For the reasons discussed above, I Air Transport Association (ATA) of America Code 29, Hydraulic power. 2019–0188 that contains RC procedures and certify that this AD: tests: Except as required by paragraph (i)(2) (1) Is not a ‘‘significant regulatory (e) Reason of this AD, RC procedures and tests must be action’’ under Executive Order 12866, This AD was prompted by a determination done to comply with this AD; any procedures (2) Will not affect intrastate aviation that new tests are necessary to address or tests that are not identified as RC are in Alaska, and potential air leaks in the reservoir air recommended. Those procedures and tests (3) Will not have a significant pressurization lines. The FAA is issuing this that are not identified as RC may be deviated economic impact, positive or negative, AD to address air leaks that could result in from using accepted methods in accordance with the operator’s maintenance or on a substantial number of small entities the loss of a hydraulic system and consequent reduced controllability of the inspection program without obtaining under the criteria of the Regulatory airplane. approval of an AMOC, provided the Flexibility Act. procedures and tests identified as RC can be (f) Compliance done and the airplane can be put back in an List of Subjects in 14 CFR Part 39 Comply with this AD within the airworthy condition. Any substitutions or Air transportation, Aircraft, Aviation compliance times specified, unless already changes to procedures or tests identified as safety, Incorporation by reference, done. RC require approval of an AMOC. Safety. (g) Requirements (j) Related Information Adoption of the Amendment Except as specified in paragraph (h) of this For more information about this AD, AD: Comply with all required actions and contact Dan Rodina, Aerospace Engineer, Accordingly, under the authority compliance times specified in, and in International Section, Transport Standards delegated to me by the Administrator, accordance with, European Union Aviation Branch, FAA, 2200 South 216th St., Des the FAA amends 14 CFR part 39 as Safety Agency (EASA) AD 2019–0188, dated Moines, WA 98198; telephone and fax 206– follows: July 31, 2019 (‘‘EASA AD 2019–0188’’). 231–3225; email [email protected].

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(k) Material Incorporated by Reference the emergency float kits. This AD was Cabin Safety and Environmental (1) The Director of the Federal Register prompted by the results of an accident Systems Section, FAA, Los Angeles approved the incorporation by reference investigation and subsequent reports of ACO Branch, 3960 Paramount (IBR) of the service information listed in this difficulty pulling the emergency float kit Boulevard, Lakewood, CA 90712–4137; paragraph under 5 U.S.C. 552(a) and 1 CFR float activation handle installed on the phone: 562–627–5322; fax: 562–627– part 51. pilot cyclic. The FAA is issuing this AD 5210; email: [email protected]. (2) You must use this service information to address the unsafe condition on these as applicable to do the actions required by SUPPLEMENTARY INFORMATION: this AD, unless this AD specifies otherwise. products. (i) European Union Aviation Safety Agency DATES: This AD is effective February 28, Discussion (EASA) AD 2019–0188, dated July 31, 2019. 2020. (ii) [Reserved] The Director of the Federal Register This AD is prompted by the results of (3) For information about EASA AD 2019– approved the incorporation by reference an investigation of a March 11, 2018, 0188, contact the EASA, Konrad-Adenauer- of a certain publication listed in this AD fatal accident in which an Airbus Ufer 3, 50668 Cologne, Germany; telephone as of February 28, 2020. Helicopters Model AS350B2 helicopter +49 221 89990 6017; email ADs@ The FAA must receive comments on impacted a body of water during an easa.europa.eu; internet www.easa.europa.eu. You may find this this AD by March 30, 2020. autorotation. The left-hand and right- EASA AD on the EASA website at https:// ADDRESSES: You may send comments, hand emergency floats did not inflate ad.easa.europa.eu. using the procedures found in 14 CFR symmetrically and the helicopter (4) You may view this material at the FAA, 11.43 and 11.45, by any of the following subsequently capsized. Transport Standards Branch, 2200 South methods: During the accident investigation, the 216th St., Des Moines, WA. For information • Federal eRulemaking Portal: Go to on the availability of this material at the FAA learned of reports of difficulty https://www.regulations.gov. Follow the pulling the emergency float kit float FAA, call 206–231–3195. This material may instructions for submitting comments. be found in the AD docket on the internet at • activation handle installed on the pilot https://www.regulations.gov by searching for Fax: 202–493–2251. cyclic. Asymmetric inflation of the float • Mail: U.S. Department of and locating Docket No. FAA–2019–0864. system and difficulty deploying the float Transportation, Docket Operations, M– (5) You may view this material that is system from the float activation handle 30, West Building Ground Floor, Room incorporated by reference at the National installed on the pilot cyclic can be Archives and Records Administration W12–140, 1200 New Jersey Avenue SE, caused by improperly installed pull (NARA). For information on the availability Washington, DC 20590. of this material at NARA, email fedreg.legal@ • Hand Delivery: Deliver to Mail cables. These emergency float kits nara.gov, or go to: https://www.archives.gov/ address above between 9 a.m. and 5 utilize a system of pull cables to activate federal-register/cfr/ibr-locations.html. p.m., Monday through Friday, except and release compressed gas from the Issued on January 30, 2020. Federal holidays. float cylinders into the floats. Proper Gaetano A. Sciortino, For service information identified in installation of the pull cables allows the Deputy Director for Strategic Initiatives, this final rule, contact Dart Aerospace two float cylinders installed on the Compliance & Airworthiness Division, LTD., 1270 Aberdeen St., Hawkesbury, aircraft to activate simultaneously, Aircraft Certification Service. ON, K6A 1K7, Canada; telephone: 1– allowing for proper distribution of gas to [FR Doc. 2020–02864 Filed 2–12–20; 8:45 am] 613–632–5200; Fax: 1–613–632–5246; all floats in the system. Improperly BILLING CODE 4910–13–P or at www.dartaero.com. installed pull cables, if not addressed, You may view this service could result in loss of the left- or right- information at the FAA, Office of the hand float, causing the helicopter to roll DEPARTMENT OF TRANSPORTATION Regional Counsel, Southwest Region, to one side but remain buoyant, or loss 10101 Hillwood Pkwy, Room 6N–321, of both floats, causing the helicopter to Federal Aviation Administration Fort Worth, TX 76177. For information capsize underwater. on the availability of this material at the 14 CFR Part 39 These emergency float systems are FAA, call 817–222–5110. installed on Airbus Helicopters Model [Docket No. FAA–2020–0125; Product It is also available on the internet at AS350B, AS350BA, AS350B1, https://www.regulations.gov by Identifier 2019–SW–104–AD; Amendment AS350B2, AS350B3, AS350C, AS350D, searching for and locating Docket No. 39–21027; AD 2020–02–23] and AS350D1 helicopters under FAA–2020–0125. RIN 2120–AA64 Supplemental Type Certificate (STC) Examining the AD Docket SR00470LA, and on Model AS355E, Airworthiness Directives; Airbus You may examine the AD docket on AS355F, AS355F1, AS355F2, AS355N, Helicopters the internet at https:// and AS355NP helicopters under STC SR00645LA. Both STCs are held by AGENCY: Federal Aviation www.regulations.gov by searching for Administration (FAA), DOT. and locating Docket No. FAA–2020– Apical Industries, Inc., d/b/a DART 0125; or in person at Docket Operations Aerospace (DART). Following the ACTION: Final rule; request for between 9 a.m. and 5 p.m., Monday investigation, DART developed a test comments. through Friday, except Federal holidays. tool to verify correct installation and SUMMARY: The FAA is adopting a new The AD docket contains this final rule, rigging of the pull cables and airworthiness directive (AD) for certain the regulatory evaluation, any subsequently issued service information Airbus Helicopters Model AS350B, comments received, and other to provide instructions for using the test AS350BA, AS350B1, AS350B2, information. The street address for tool. The FAA approved these AS350B3, AS350C, AS350D, A350D1, Docket Operations is listed above. instructions to correct the unsafe AS355E, AS355F, AS355F1, AS355F2, Comments will be available in the AD condition on November 13, 2019. AS355N, and AS355NP helicopters. docket shortly after receipt. Accordingly, the FAA is issuing this AD This AD requires repetitive inspections FOR FURTHER INFORMATION CONTACT: to address the unsafe condition on these of the installation of the pull cables on Johann S. Magana, Aerospace Engineer, products.

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Related Service Information Under 1 develop in other products of the same whichever occurs first, was required to CFR Part 51 type design. correct the unsafe condition. This compliance time is shorter than the time AD Requirements The FAA has reviewed DART necessary for the public to comment and Aerospace Service Bulletin SB–2018– This AD requires repetitive for publication of the final rule. 07, Revision D, dated November 25, inspections of the installation of the Therefore, notice and opportunity for 2019. This service information contains pull cables on the emergency float kits prior public comment are impracticable procedures for inspecting the and corrective action if necessary. and contrary to public interest pursuant installation of the pull cables on 20326- to 5 U.S.C. 553(b)(3)(B). In addition, for series part-numbered emergency float Differences Between This AD and the Service Information the reasons stated above, the FAA finds kits (e.g., inspecting for activation pull that good cause exists pursuant to 5 forces on the float activation handle), DART Aerospace Service Bulletin SB– U.S.C. 553(d) for making this 2018–07, Revision D, dated November readjusting the cable rigging if amendment effective in less than 30 25, 2019, specifies accomplishing the improperly installed, and contacting days. DART if readjusting the rigging is not actions before March 31, 2020, while successful. This service information also this AD requires compliance within 100 Comments Invited contains optional procedures for hours time-in-service (TIS) or 30 days This AD is a final rule that involves after the effective date of this AD, deactivating the emergency float system requirements affecting flight safety and whichever occurs first. as inoperative. was not preceded by notice and an This service information is reasonably FAA’s Justification and Determination opportunity for public comment. available because the interested parties of the Effective Date However, the FAA invites you to send have access to it through their normal Section 553(b)(3)(B) of the any written data, views, or arguments course of business or by the means Administrative Procedure Act (5 U.S.C.) about this final rule. Send your identified in the ADDRESSES section. authorizes agencies to dispense with comments to an address listed under the Other Related Service Information notice and comment procedures for ADDRESSES section. Include the docket rules when the agency, for ‘‘good cause’’ number FAA–2020–0125 and Product The FAA has also reviewed DART finds that those procedures are Identifier 2019–SW–104–AD at the Aerospace Service Bulletin SB–2018– ‘‘impracticable, unnecessary, or contrary beginning of your comments. The FAA 07, Revision B, dated October 8, 2019, to the public interest.’’ Under this specifically invites comments on the and DART Aerospace Service Bulletin section, an agency, upon finding good overall regulatory, economic, SB–2018–07, Revision C, dated cause, may issue a final rule without environmental, and energy aspects of November 14, 2019. The actions seeking comment prior to the this final rule. The FAA will consider specified in these service bulletins are rulemaking. all comments received by the closing the same as those specified in DART An unsafe condition exists that date and may amend this final rule Aerospace Service Bulletin SB–2018– requires the immediate adoption of this because of those comments. 07, Revision D, dated November 25, AD without providing an opportunity The FAA will post all comments 2019. DART Aerospace Service Bulletin for public comments prior to adoption. received, without change, to https:// SB–2018–07, Revision C, dated The FAA has found that the risk to the www.regulations.gov, including any November 14, 2019, adds a note that flying public justifies waiving notice personal information you provide. The includes a reference to the instructions and comment prior to adoption of this FAA will also post a report for continued airworthiness for a rule because improperly installed pull summarizing each substantive verbal specific float system configuration that cables may lead to asymmetric inflation contact received about this final rule. was not in DART Aerospace Service of the float system or difficulty Regulatory Flexibility Act Bulletin SB–2018–07, Revision B, dated deploying the float system from the float October 8, 2019. DART Aerospace activation handle installed on the pilot The requirements of the Regulatory Service Bulletin SB–2018–07, Revision cyclic, which could result in the loss of Flexibility Act (RFA) do not apply when D, dated November 25, 2019, clarifies one or more floats. Loss of the left- or an agency finds good cause pursuant to certain references to the operational right-hand float could cause the 5 U.S.C. 553 to adopt a rule without instructions manual. These differences helicopter to roll to one side but remain prior notice and comment. Because FAA do not affect how operators would buoyant, while loss of both floats could has determined that it has good cause to accomplish the actions necessary to cause the helicopter to capsize adopt this rule without notice and address the identified unsafe condition. underwater. Because of the high comment, RFA analysis is not required. FAA’s Determination utilization rate of helicopters with these emergency float kits installed, and Costs of Compliance The FAA is issuing this AD after because these helicopters primarily The FAA estimates that this AD evaluating all the relevant information conduct operations over water, the FAA affects 71 helicopters of U.S. registry. and determining the unsafe condition determined a compliance time of no The FAA estimates the following costs described previously is likely to exist or more than 100 hours TIS or 30 days, to comply with this AD:

ESTIMATED COSTS

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

Inspection ...... 3 work-hours × $85 per hour = $255 per inspection ...... $0 $255 $18,105

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The inspection requires the use of a Adoption of the Amendment with the Accomplishment Instructions, sections 1.0 through 1.4, of DART Aerospace pull cable test kit, which costs $2,000. Accordingly, under the authority Only one pull cable test kit is needed Service Bulletin No. SB–2018–07, Revision delegated to me by the Administrator, D, dated November 25, 2019 (‘‘SB–2018–07, per operator such that the operator may the FAA amends 14 CFR part 39 as Revision D’’), except if the pull cable use the same pull cable test kit on any follows: installation does not pass the test in section affected helicopter. The FAA has no 1.3 after re-adjusting the cable rigging, you way of determining what on-condition PART 39—AIRWORTHINESS must comply with either paragraph (g)(1) or actions may be required following the DIRECTIVES (2) of this AD before further flight: inspection required by this AD, the (1) Repair the pull cable installation. number of helicopters that might need ■ 1. The authority citation for part 39 (2) Deactivate and placard the emergency on-condition actions, or the costs to continues to read as follows: float system as inoperative in accordance with the Accomplishment Instructions, perform the on-condition actions. Authority: 49 U.S.C. 106(g), 40113, 44701. section 3.0, of SB–2018–07, Revision D. If the According to the manufacturer, some emergency float system has been deactivated or all of the costs of this AD may be § 39.13 [Amended] and placarded as inoperative, you are not covered under warranty, thereby ■ 2. The FAA amends § 39.13 by adding required to repeat the inspection specified in reducing the cost impact on affected the following new airworthiness the introductory text of paragraph (g) of this individuals. The FAA does not control directive (AD): AD. warranty coverage for affected Note 1 to paragraph (g)(2) of this AD: This individuals. As a result, the FAA has 2020–02–23 Airbus Helicopters: AD does not allow operation with an Amendment 39–21027; Docket No. included all known costs in the cost inoperative emergency float system unless FAA–2020–0125; Product Identifier the requirements of 14 CFR 91.213 have been estimate. 2019–SW–104–AD. met. Authority for This Rulemaking (a) Effective Date (h) Credit for Previous Actions Title 49 of the United States Code This AD is effective February 28, 2020. This paragraph provides credit for the specifies the FAA’s authority to issue (b) Affected ADs actions specified in introductory text of rules on aviation safety. Subtitle I, paragraph (g) and paragraph (g)(2) of this AD, section 106, describes the authority of None. if the actions were done before the effective the FAA Administrator. Subtitle VII: (c) Applicability date of this AD using DART Aerospace Service Bulletin SB–2018–07, Revision B, Aviation Programs describes in more This AD applies to the helicopters detail the scope of the Agency’s dated October 8, 2019, or DART Aerospace identified in paragraphs (c)(1) and (2) of this Service Bulletin SB–2018–07, Revision C, authority. AD, certificated in any category. dated November 14, 2019. The FAA is issuing this rulemaking (1) Airbus Helicopters Model AS350B, under the authority described in AS350BA, AS350B1, AS350B2, AS350B3, (i) Alternative Methods of Compliance Subtitle VII, Part A, Subpart III, Section AS350C, AS350D, and AS350D1 helicopters, (AMOCs) 44701: General requirements. Under modified by supplemental type certificate (1) The Manager, Los Angeles ACO Branch, that section, Congress charges the FAA (STC) SR00470LA. FAA, has the authority to approve AMOCs (2) Airbus Helicopters Model AS355E, with promoting safe flight of civil for this AD, if requested using the procedures AS355F, AS355F1, AS355F2, AS355N, and found in 14 CFR 39.19. In accordance with aircraft in air commerce by prescribing AS355NP helicopters, modified by STC 14 CFR 39.19, send your request to your regulations for practices, methods, and SR00645LA. principal inspector or local Flight Standards procedures the Administrator finds District Office, as appropriate. If sending (d) Subject necessary for safety in air commerce. information directly to the manager of the This regulation is within the scope of Air Transport Association (ATA) of certification office, send it to the attention of that authority because it addresses an America Code 25, Equipment/Furnishings, the person identified in paragraph (j) of this unsafe condition that is likely to exist or and 32, Landing gear. AD. Information may be emailed to: 9-ANM- develop on products identified in this (e) Unsafe Condition [email protected]. rulemaking action. (2) For operations conducted under a 14 This AD was prompted by reports of CFR part 119 operating certificate or under Regulatory Findings difficulty pulling the emergency float kit float 14 CFR part 91, subpart K, notify your activation handle installed on the pilot principal inspector or lacking a principal This AD will not have federalism cyclic. The FAA is issuing this AD to address inspector, the manager of the local flight implications under Executive Order improperly installed pull cables, which can standards district office or certificate holding 13132. This AD will not have a lead to difficulty deploying the float system district office, before operating any aircraft substantial direct effect on the States, on from the float activation handle installed on complying with this AD through an AMOC. the pilot cyclic, and could result in loss of the relationship between the national (j) Related Information government and the States, or on the the left- or right-hand float, causing the helicopter to roll to one side but remain For information about AMOCs, contact distribution of power and buoyant, or loss of both floats causing the Johann S. Magana, Aerospace Engineer, responsibilities among the various helicopter to capsize underwater. Cabin Safety and Environmental Systems levels of government. Section, FAA, Los Angeles ACO Branch, (f) Compliance For the reasons discussed above, I 3960 Paramount Boulevard, Lakewood, CA certify that this AD: Comply with this AD within the 90712–4137; phone: 562–627–5322; fax: 562– (1) Is not a ‘‘significant regulatory compliance times specified, unless already 627–5210; email: [email protected]. done. action’’ under Executive Order 12866, (k) Material Incorporated by Reference and (g) Required Actions (2) Will not affect intrastate aviation (1) The Director of the Federal Register Within 100 hours time-in-service (TIS) or approved the incorporation by reference in Alaska. 30 days, whichever occurs first after the (IBR) of the service information listed in this List of Subjects in 14 CFR Part 39 effective date of this AD, and thereafter at paragraph under 5 U.S.C. 552(a) and 1 CFR intervals not to exceed six months, inspect part 51. Air transportation, Aircraft, Aviation the installation of the pull cables on the (2) You must use this service information safety, Incorporation by reference, emergency float kit and readjust the cable as applicable to do the actions required by Safety. rigging if improperly installed, in accordance this AD, unless the AD specifies otherwise.

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(i) DART Aerospace Service Bulletin SB– DATES: This AD is effective February 13, Discussion 2018–07, Revision D, dated November 25, 2020. 2019. The FAA has received at least 30 The Director of the Federal Register reports of the flight control computer (ii) [Reserved] approved the incorporation by reference (3) For service information identified in (FCC) commanding flight control this AD, contact Dart Aerospace LTD., 1270 of certain publications listed in this AD surfaces into damped by-pass mode Aberdeen St., Hawkesbury, ON, K6A 1K7, as of February 13, 2020. (surface shutdown). During the Canada; telephone: 1–613–632–5200; Fax: 1– The FAA must receive comments on investigation of these events, it was 613–632–5246; or at www.dartaero.com. this AD by March 30, 2020. discovered that the existing GVI and (4) You may view this service information ADDRESSES: You may send comments, GVII airplane flight manuals, in most at the FAA, Office of the Regional Counsel, using the procedures found in 14 CFR cases, allow continued flight after a Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For 11.43 and 11.45, by any of the following surface shutdown, and the GVI airplane information on the availability of this methods: flight manual allows takeoff with an material at the FAA, call 817–222–5110. • Federal eRulemaking Portal: Go to inboard spoiler shutdown. (5) You may view this service information https://www.regulations.gov. Follow the The FCC commanding of a surface that is incorporated by reference at the instructions for submitting comments. into damped by-pass mode is the National Archives and Records • Fax: 202–493–2251. protection provided against flight Administration (NARA). For information on • Mail: U.S. Department of control hydraulic force fights and flight the availability of this material at NARA, Transportation, Docket Operations, M– control surface hard-over events. If the email [email protected], or go to: https:// FCC detects a flight control anomaly, it www.archives.gov/federal-register/cfr/ibr- 30, West Building Ground Floor, Room locations.html. W12–140, 1200 New Jersey Avenue SE, commands the surface into damped by- Washington, DC 20590. pass mode. The FCC software will not Issued on February 7, 2020. • Hand Delivery: U.S. Department of command a second surface on an axis of Lance T. Gant, Transportation, Docket Operations, M– control into damped by-pass mode. Any Director, Compliance & Airworthiness 30, West Building Ground Floor, Room flight control surface shutdown results Division, Aircraft Certification Service. W12–140, 1200 New Jersey Avenue SE, in the loss of FCC-provided protection [FR Doc. 2020–02841 Filed 2–12–20; 8:45 am] Washington, DC 20590, between 9 a.m. against future flight control surface BILLING CODE 4910–13–P and 5 p.m., Monday through Friday, hard-over and force-fight events on the except Federal holidays. remaining, operable flight control For service information identified in surfaces on that axis of control. In DEPARTMENT OF TRANSPORTATION this final rule, contact Gulfstream addition, certain other system failures will result in the loss of FCC protection Federal Aviation Administration Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, against flight control surface hard-overs and force-fights. 14 CFR Part 39 Savannah, GA 31402–2206; telephone: (800) 810–4853; fax: (912) 965–3520; Loss of flight control surface [Docket No. FAA–2020–0116; Product email: [email protected]; internet: protection could lead to loss of Identifier 2019–CE–060–AD; Amendment https://www.gulfstream.com/customer- structural integrity of the airplane and 39–21026; AD 2020–02–18] support. For information on the loss of control of the airplane. The FAA is issuing this AD to address the unsafe RIN 2120–AA64 availability of this material at the FAA, call (816) 329–4148. It is also available condition on these products. Airworthiness Directives; Gulfstream on the internet at https:// Related Service Information Under 1 Aerospace Corporation Airplanes www.regulations.gov by searching for CFR Part 51 and locating Docket No. FAA–2020– AGENCY: Federal Aviation 0116. The FAA reviewed Gulfstream Administration (FAA), DOT. Aerospace G650 Airplane Flight Manual ACTION: Final rule; request for Examining the AD Docket Supplement No. G650–2019–04, dated comments. You may examine the AD docket on December 16, 2019; Gulfstream the internet at https:// Aerospace G650ER Airplane Flight SUMMARY: The FAA is adopting a new www.regulations.gov by searching for Manual Supplement No. G650ER–2019– airworthiness directive (AD) for all and locating Docket No. FAA–2020– 04, dated December 16, 2019; Gulfstream Aerospace Corporation 0116; or in person at Docket Operations Gulfstream Aerospace GVII–G500 (Gulfstream) Models GVI, GVII–G500, between 9 a.m. and 5 p.m., Monday Airplane Flight Manual Supplement No. and GVII–G600 airplanes. This AD through Friday, except Federal holidays. GVII–G500–2019–08, dated December requires revising the airplane flight The AD docket contains this final rule, 16, 2019; and Gulfstream Aerospace manual (AFM) by attaching an airplane the regulatory evaluation, any G600 Airplane Flight Manual flight manual supplement (AFMS), comments received, and other Supplement No. GVII–G600–2019–02, which contains new or revised information. The street address for dated December 16, 2019. For the operating limitations, abnormal Docket Operations is listed above. applicable airplane designation, each procedures, and emergency procedures. Comments will be available in the AD AFMS contains new or revised This AD was prompted by reports of docket shortly after receipt. operating limitations, abnormal continued flight after a flight control procedures, and emergency procedures. FOR FURTHER INFORMATION CONTACT: surface shutdown. If flight is continued These limitations and procedures after a flight control surface shutdown, Myles Jalalian, Aerospace Engineer, prohibit flight operations if a flight the airplane is left without protection Atlanta ACO Branch, FAA, 1701 control or flight control computer against flight control surface hard-over Columbia Avenue, College Park, Georgia failure is detected and require landing and force fight events on the remaining, 30337; phone: (404) 474–5572; fax: (404) as soon as possible if the failure occurs operable flight control surfaces. The 474–5606; email: myles.jalalian@ in flight. This service information is FAA is issuing this AD to address the faa.gov. reasonably available because the unsafe condition on these products. SUPPLEMENTARY INFORMATION: interested parties have access to it

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through their normal course of business software and developing additional Comments Invited or by the means identified in the action that will address the unsafe This AD is a final rule that involves ADDRESSES section. condition identified in this AD. Once requirements affecting flight safety and this action is developed, approved, and FAA’s Determination was not preceded by notice and an available, the FAA may consider opportunity for public comment. The FAA is issuing this AD because additional rulemaking. the FAA evaluated all the relevant However, the FAA invites you to send FAA’s Justification and Determination information and determined the unsafe any written data, views, or arguments of the Effective Date condition described previously is likely about this final rule. Send your to exist or develop in other products of An unsafe condition exists that comments to an address listed under the the same type design. requires the immediate adoption of this ADDRESSES section. Include Docket AD without providing an opportunity Number FAA–2020–0116 and Product AD Requirements for public comments prior to adoption. Identifier 2019–CE–060–AD at the This AD requires revising the AFM for The FAA has found that the risk to the beginning of your comments. The FAA your airplane by attaching the flying public justifies waiving notice specifically invites comments on the applicable AFMS, which contains new and comment prior to adoption of this overall regulatory, economic, or revised operating limitations, rule because continued flight after the environmental, and energy aspects of abnormal procedures, and emergency loss of flight control surface protection this final rule. The FAA will consider procedures. This AD specifies that the leaves the airplane one failure away all comments received by the closing owner/operator (pilot) may revise the from a catastrophic event. Current AFM date and may amend this final rule AFM. Revising an AFM is not procedures allow continued flight after because of those comments. considered a maintenance action and a system anomaly that would result in The FAA will post all comments it may be done by a pilot holding at least loss of flight control surface protection receives, without change, to https:// a private pilot certificate. This action against force-fight and hard-over events, www.regulations.gov, including any must be recorded in the aircraft leaving the airplane at extremely high personal information you provide. The maintenance records to show risk for loss of structural integrity of the FAA will also post a report compliance with this AD. airplane and loss of control of the summarizing each substantive verbal airplane. Therefore, the FAA finds good contact it receives about this final rule. Interim Action cause that notice and opportunity for Costs of Compliance The FAA considers this AD, which prior public comment are impracticable. addresses continued flight after loss of In addition, for the reasons stated above, The FAA estimates that this AD flight control surface protection, an the FAA finds that good cause exists for affects 329 airplanes of U.S. registry. interim action. Gulfstream is analyzing making this amendment effective in less The FAA estimates the following the airplane flight control system than 30 days. costs to comply with this AD:

ESTIMATED COSTS

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

Attach the applicable AFMS to your AFM .. 1 work-hour × $85 per hour = $85 ...... Not applicable ...... $85 $27,965

Authority for This Rulemaking Director, Aircraft Certification Service, Regulatory Findings Title 49 of the United States Code as authorized by FAA Order 8000.51C. This AD will not have federalism specifies the FAA’s authority to issue In accordance with that order, issuance implications under Executive Order rules on aviation safety. Subtitle I, of ADs is normally a function of the 13132. This AD will not have a section 106, describes the authority of Compliance and Airworthiness substantial direct effect on the States, on the FAA Administrator. Subtitle VII: Division, but during this transition the relationship between the national Aviation Programs describes in more period, the Executive Director has government and the States, or on the detail the scope of the Agency’s delegated the authority to issue ADs distribution of power and authority. applicable to small airplanes, gliders, responsibilities among the various The FAA is issuing this rulemaking balloons, airships, domestic business jet levels of government. under the authority described in transport airplanes, and associated For the reasons discussed above, I Subtitle VII, Part A, Subpart III, Section appliances to the Director of the Policy certify that this AD: 44701: General requirements. Under and Innovation Division. (1) Is not a ‘‘significant regulatory that section, Congress charges the FAA action’’ under Executive Order 12866, with promoting safe flight of civil Regulatory Flexibility Act and aircraft in air commerce by prescribing (2) Will not affect intrastate aviation The requirements of the Regulatory regulations for practices, methods, and in Alaska. procedures the Administrator finds Flexibility Act (RFA) do not apply when necessary for safety in air commerce. an agency finds good cause pursuant to List of Subjects in 14 CFR Part 39 This regulation is within the scope of 5 U.S.C. 553 to adopt a rule without Air transportation, Aircraft, Aviation that authority because it addresses an prior notice and comment. Because the safety, Incorporation by reference, unsafe condition that is likely to exist or FAA has determined that it has good Safety. develop on products identified in this cause to adopt this rule without notice rulemaking action. and comment, RFA analysis is not Adoption of the Amendment This AD is issued in accordance with required. Accordingly, under the authority authority delegated by the Executive delegated to me by the Administrator,

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the FAA amends 14 CFR part 39 as (iii) Gulfstream Aerospace GVII–G500 https://www.gulfstream.com/customer- follows: Airplane Flight Manual Supplement No. support. GVII–G500–2019–08, dated December 16, (4) You may view this service information PART 39—AIRWORTHINESS 2019. at FAA, Policy and Innovation Division, 901 DIRECTIVES (iv) Gulfstream Aerospace G600 Airplane Locust, Kansas City, Missouri 64106. For Flight Manual Supplement No. GVII–G600– information on the availability of this ■ 1. The authority citation for part 39 2019–02, dated December 16, 2019. material at the FAA, call (816) 329–4148. continues to read as follows: (2) The action required by paragraph (f)(1) (5) You may view this service information of this AD may be performed by the owner/ that is incorporated by reference at the Authority: 49 U.S.C. 106(g), 40113, 44701. operator (pilot) holding at least a private pilot National Archives and Records Administration (NARA). For information on § 39.13 [Amended] certificate and must be entered into the aircraft records showing compliance with the availability of this material at NARA, ■ 2. The FAA amends § 39.13 by adding this AD in accordance with 14 CFR 43.9(a)(1) email: [email protected], or go to: the following new airworthiness through (4), and 14 CFR 91.417(a)(2)(v). The https://www.archives.gov/federal-register/cfr/ directive (AD): record must be maintained as required by 14 ibr-locations.html. CFR 91.417, 121.380, or 135.439. 2020–02–18 Gulfstream Aerospace Issued on January 27, 2020. Corporation: Amendment 39–21026; (g) Special Flight Permit Patrick R. Mullen, Docket No. FAA–2020–0116; Product Special flight permits are prohibited for Aircraft Certification Service, Manager, Small Identifier 2019–CE–060–AD. this AD in accordance with 14 CFR 39.23. Airplane Standards Branch, AIR–690. (a) Effective Date [FR Doc. 2020–02856 Filed 2–12–20; 8:45 am] (h) Alternative Methods of Compliance This AD is effective February 13, 2020. (AMOCs) BILLING CODE 4910–13–P (b) Affected ADs (1) The Manager, Atlanta ACO Branch, None. FAA, has the authority to approve AMOCs for this AD, if requested using the procedures DEPARTMENT OF ENERGY (c) Applicability found in 14 CFR 39.19. In accordance with This AD applies to Gulfstream Aerospace 14 CFR 39.19, send your request to your Federal Energy Regulatory Corporation Models GVI, GVII–G500, and principal inspector or local Flight Standards Commission GVII–G600 airplanes, all serial numbers, District Office, as appropriate. If sending certificated in any category. information directly to the manager of the 18 CFR Part 40 certification office, send it to the attention of (d) Subject the person identified in paragraph (j) of this [Docket No. RM19–10–000] Joint Aircraft System Component (JASC)/ AD. Air Transport Association (ATA) of America (2) Before using any approved AMOC, Transmission Planning Reliability Code 27, Flight Controls. notify your appropriate principal inspector, Standard TPL–001–5 (e) Unsafe Condition or lacking a principal inspector, the manager of the local flight standards district office/ AGENCY: Federal Energy Regulatory This AD was prompted by reports of certificate holding district office. continued flight after the flight control Commission, DOE. computer (FCC) has commanded flight (i) Related Information ACTION: Final rule. control surfaces into a damped by-pass mode For more information about this AD, SUMMARY: (surface shutdown). If flight is continued contact Myles Jalalian, Aerospace Engineer, The Federal Energy after a flight control surface shutdown, the Atlanta ACO Branch, FAA, 1701 Columbia Regulatory Commission (Commission) airplane is left without protection against Avenue, College Park, Georgia 30337; phone: approves Reliability Standard TPL–001– flight control surface hard-over and force (404) 474–5572; fax: (404) 474–5606; email: 5 (Transmission System Planning fight events. The FAA is issuing this AD to [email protected]. Performance Requirements), submitted provide operating limitations and flight crew procedures in the event of loss of protection (j) Material Incorporated by Reference by the North American Electric against flight control surface hard-over and Reliability Corporation (NERC), the (1) The Director of the Federal Register Commission-certified Electric force fight events. The unsafe condition, if approved the incorporation by reference not addressed, could result in loss of (IBR) of the service information listed in this Reliability Organization. structural integrity and loss of control of the paragraph under 5 U.S.C. 552(a) and 1 CFR DATES: Effective Date: This rule will airplane. part 51. become effective April 13, 2020. (f) Actions and Compliance (2) You must use this service information FOR FURTHER INFORMATION CONTACT: Comply with this AD within 15 days after as applicable to do the actions required by Eugene Blick (Technical Information), this AD, unless the AD specifies otherwise. February 13, 2020 (the effective date of this Office of Electric Reliability, Federal AD), unless already done. (i) Gulfstream Aerospace G650 Airplane Flight Manual Supplement No. G650–2019– Energy Regulatory Commission, 888 (1) Revise the airplane flight manual (AFM) First Street NE, Washington, DC for your airplane by attaching the applicable 04, dated December 16, 2019. airplane flight manual supplement (AFMS) (ii) Gulfstream Aerospace G650ER Airplane 20426, (301) 665–1759, eugene.blick@ specified in paragraphs (f)(1)(i) through (iv) Flight Manual Supplement No. G650ER– ferc.gov of this AD. When these flight manual changes 2019–04, dated December 16, 2019. Leigh Anne Faugust (Legal Information), have been included in a future revision of the (iii) Gulfstream Aerospace GVII–G500 Office of the General Counsel, Federal AFM, you may insert the revisions in the Airplane Flight Manual Supplement No. Energy Regulatory Commission, 888 limitations, abnormal procedures, and GVII–G500–2019–08, dated December 16, First Street NE, Washington, DC 2019. emergency procedures sections of the AFM, 20426, (202) 502–6396, leigh.faugust@ provided the information is identical to that (iv) Gulfstream Aerospace G600 Airplane in the AFMS, and then you may remove the Flight Manual Supplement No. GVII–G600– ferc.gov AFMS. 2019–02, dated December 16, 2019. SUPPLEMENTARY INFORMATION: (i) Gulfstream Aerospace G650 Airplane (3) For service information identified in 1. Pursuant to section 215(d)(2) of the Flight Manual Supplement No. G650–2019– this AD, contact Gulfstream Aerospace Federal Power Act (FPA), the 04, dated December 16, 2019. Corporation, Technical Publications Dept., (ii) Gulfstream Aerospace G650ER Airplane P.O. Box 2206, Savannah, GA 31402–2206; Commission approves Reliability Flight Manual Supplement No. G650ER– telephone: (800) 810–4853; fax: (912) 965– Standard TPL–001–5 (Transmission 2019–04, dated December 16, 2019. 3520; email: [email protected]; internet: System Planning Performance

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Requirements).1 The North American that could reduce or mitigate those protection system caused three Electric Reliability Corporation (NERC), impacts.6 significant system disturbances in the the Commission-certified Electric 4. Reliability Standard TPL–001–5 is previous five years.11 In the Industry Reliability Organization (ERO), also responsive to Order No. 786 by Advisory, NERC stated that submitted Reliability Standard TPL– modifying the requirements for stability ‘‘[p]rotection system component failures 001–5 for Commission approval in analysis to require an entity to assess may render a protective scheme response to directives in Order No. the impact of the possible unavailability inoperative, which could result in N–1 786.2 As discussed in this final rule, we of long lead time equipment, consistent transmission system contingencies determine that Reliability Standard with the entity’s spare equipment evolving into more severe or even TPL–001–5 improves upon currently- strategy. Accordingly, pursuant to extreme events.’’ 12 NERC advised effective Reliability Standard TPL–001– section 215(d)(2) of the FPA, the registered transmission owners, 4 by addressing: (1) The study of single Commission approves Reliability generator owners, and distribution points of failure of protection systems; Standard TPL–001–5 as just, reasonable, providers ‘‘to address single points of and (2) planned maintenance outages not unduly discriminatory or failure on their protection systems, and stability analysis for spare preferential, and in the public interest. when identified in routine system equipment strategies. 5. In the Notice of Proposed evaluations, to prevent N–1 2. The improvements in Reliability Rulemaking (NOPR), the Commission transmission system contingencies from Standard TPL–001–5 are responsive to proposed to direct NERC, pursuant to evolving into more severe events or the directives in Order No. 786 section 215(d)(5) of the FPA, to modify even extreme events.’’ 13 NERC also regarding planned maintenance outages the Reliability Standard to require advised industry to begin preparing an and stability analysis for spare corrective action plans for protection estimate of the resource commitment equipment strategies.3 Reliability system single points of failure in required to review, re-engineer, and Standard TPL–001–5 is responsive in combination with a three-phase fault if develop a workable outage and that it requires each planning planning studies indicate potential construction schedule to address single coordinator and transmission planner to cascading.7 As discussed below, we points of failure. perform an annual planning assessment determine not to adopt the proposed of its portion of the bulk electric system directive. C. Order No. 754 considering a number of system 8. On November 17, 2009, NERC conditions and contingencies with a I. Background submitted a petition requesting approval risk-based approach. The improvements A. Section 215 and Mandatory of NERC’s interpretation of Reliability in Reliability Standard TPL–001–5 are Reliability Standards Standard TPL–002–2, Requirement also responsive to the concerns R1.3.10. In the resulting Order No. 754, 6. Section 215 of the FPA requires the identified in Order No. 754 regarding the Commission determined that ‘‘there Commission to certify an ERO to the study of a single point of failure on may be a system protection issue that develop mandatory and enforceable protection systems.4 Reliability merits further exploration by technical Reliability Standards, subject to Standard TPL–001–5 contains revisions experts’’ and that there is ‘‘an issue Commission review and approval. Once to the planning events (Category P5) and concerning the study of the approved, the Reliability Standards may extreme events (Stability 2.a–h) non-operation of non-redundant be enforced in the United States by the identified in Table 1 (Steady State and primary protection systems; e.g., the ERO, subject to Commission oversight, Stability Performance Planning Events study of a single point of failure on or by the Commission independently.8 and Steady State and Stability protection systems.’’ 14 To address this Pursuant to section 215 of the FPA, the Performance Extreme Events), as well as concern, the Commission directed Commission established a process to the associated footnote 13, to provide ‘‘Commission staff to meet with NERC select and certify an ERO,9 and for a more comprehensive study of the and its appropriate subject matter subsequently certified NERC.10 potential impacts of protection system experts to explore the reliability single points of failure. B. Industry Advisory concern, including where it can best be 3. For more common scenarios (i.e., addressed, and identify any additional planning events), the planning entity 7. On March 30, 2009, NERC issued an advisory report notifying industry actions necessary to address the must develop a corrective action plan if 15 that failure of a single component of a matter.’’ The Commission also it determines through studies that its directed NERC ‘‘to make an system would experience performance 6 informational filing . . . explaining issues.5 For less common scenarios that NERC defines ‘‘Cascading’’ as, ‘‘The uncontrolled successive loss of System Elements whether there is a further system could result in potentially severe triggered by an incident at any location. Cascading protection issue that needs to be impacts such as cascading (i.e., extreme results in widespread electric service interruption addressed and, if so, what forum and that cannot be restrained from sequentially events), the planning entity must process should be used to address that conduct a comprehensive analysis to spreading beyond an area predetermined by studies.’’ NERC Glossary. issue and what priority it should be understand both the potential impacts 7 16 U.S.C. 824o(d)(5); Transmission Planning accorded relative to other reliability on its system and the types of actions Reliability Standard TPL–001–5, Notice of Proposed initiatives planned by NERC.’’ 16 Rulemaking, 84 FR 30,639 (Jun. 27, 2019), 167 1 16 U.S.C. 824o(d)(2). FERC ¶ 61,249, at P 5 (2019) (NOPR). 11 Industry Advisory, Protection System Single 2 Transmission Planning Reliability Standards, 8 Id. 824o(e). Point of Failure (March 30, 2009), https:// Order No. 786, 145 FERC ¶ 61,051 (2013). 9 Rules Concerning Certification of the Electric www.nerc.com/pa/rrm/bpsa/Alerts%20DL/ 3 Reliability Organization; and Procedures for the Order No. 786, 145 FERC ¶ 61,051, at PP 40, 89. 2009%20Advisories/A-2009-03-30-01.pdf (Industry 4 Establishment, Approval, and Enforcement of Interpretation of Transmission Planning Advisory). Reliability Standard, Order No. 754, 136 FERC Electric Reliability Standards, Order No. 672, 114 12 Id. at 2. ¶ 61,186, at P 19 (2011). FERC ¶ 61,104, order on reh’g, Order No. 672–A, 13 Id. at 1. 5 NERC defines ‘‘Corrective Action Plan’’ as, ‘‘A 114 FERC ¶ 61,328 (2006). 14 list of actions and an associated timetable for 10 North American Electric Reliability Corp., 116 Order No. 754, 136 FERC ¶ 61,186, at P 19 implementation to remedy a specific problem.’’ FERC ¶ 61,062, order on reh’g and compliance, 117 (2011). Glossary of Terms Used in NERC Reliability FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. v. 15 Id. P 20. Standards (May 13, 2019) (NERC Glossary). FERC, 564 F.3d 1342 (D.C. Cir. 2009). 16 Id.

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9. Commission staff then hosted a enough that it does not warrant a Commission directed NERC to consider technical conference in October 2011 on planning event.’’ 21 the issue during the next review cycle single points of failure, which resulted of Reliability Standard TPL–001–4.25 D. Order No. 786 in four consensus points and the E. NERC Petition and Reliability following problem statement: ‘‘[t]he 11. In Order No. 786, the Commission group perceives a reliability concern approved the currently-effective version Standard TPL–001–5 regarding the comprehensive of the transmission system planning 13. On December 7, 2018, NERC assessment of potential protection standard, Reliability Standard TPL– submitted Reliability Standard TPL– system failures by registered entities. 001–4, and issued several directives to 001–5 for Commission approval.26 The group agrees on the need to study NERC. First, the Commission expressed NERC maintains that Reliability if a [reliability] gap exists regarding the concern that the six (6) month outage Standard TPL–001–5 addresses the study and resolution of a single point of duration threshold in Reliability Order No. 786 directives. With regard to failure on protection systems.’’ 17 One Standard TPL–001–4, Requirement R1 protection system single points of outcome of the 2011 technical could exclude planned maintenance failure, NERC indicates that Table 1 of conference, as described in the 2012 outages of significant facilities from Reliability Standard TPL–001–5 22 Informational Filing, was that the NERC future planning assessments. The describes system performance Board of Trustees approved the issuance Commission determined that planned requirements for a range of potential of a data request to aid in assessing maintenance outages of less than six (6) system contingencies required to be whether single points of failure in months in duration may result in evaluated by the planner.27 Table 1 protection systems pose a reliability relevant impacts during one or both of includes three parts: (1) Steady State & concern.18 the seasonal off-peak periods, and that Stability Performance Planning Events; 10. Over the next two years, NERC prudent transmission planning should (2) Steady State & Stability Performance collected data from transmission consider maintenance outages at those Extreme Events; and (3) Steady State & planners that it used to assess protection load levels when planned outages are Stability Performance Footnotes. Table 1 system single points of failure. This performed to allow for a single element describes system performance assessment examined in detail the to be taken out of service for requirements for a range of potential protection systems related to nearly maintenance without compromising the system contingencies required to be 4,000 buses. The findings were ability of the system to meet demand evaluated by the planner. The table presented in a September 2015 report without loss of load. The Commission categorizes the events as either that concluded that single points of further determined that a properly ‘‘planning events’’ or ‘‘extreme events.’’ failure on protection systems posed a planned transmission system should The table lists seven contingency reliability risk that warranted further ensure the known, planned removal of planning events (P1 through P7) that 19 action. After considering alternatives, facilities (i.e., generation, transmission, require steady-state and stability the 2015 Report recommended that or protection system facilities) for analysis as well as five extreme event NERC modify Reliability Standard TPL– maintenance purposes without the loss contingencies: Three for steady-state 001–4 to maximize reliability of of nonconsequential load or detrimental and two for stability. protection system performance and impacts to system reliability such as 14. According to NERC, Reliability align with the directives in Order No. cascading, voltage instability, or Standard TPL–001–5 includes certain 754. In particular, the 2015 Report uncontrolled islanding. The modifications to better ensure that recommended that three-phase faults Commission directed NERC to modify planning entities are performing a more involving protection system failures be the Reliability Standards to address complete analysis of potential assessed as an extreme event in these concerns. protection system single points of Reliability Standard TPL–001–4. As an 12. Second, while stating that NERC failure issues on their systems and extreme event under Reliability had met the Commission’s Order No. taking appropriate action to address Standard TPL–001–4, Part 4.5, an entity 693 directive to include a spare these concerns. NERC explains that is required to evaluate, but not equipment strategy for steady state Reliability Standard TPL–001–5 implement, possible actions designed to analysis in Reliability Standard TPL– contains revisions to both the Table 1 mitigate cascading.20 Notably however, 001–4, the Commission determined that planning event (Category P5) and the report did not recommend elevating a spare equipment strategy for stability extreme events (Stability 2.a–h) and the three-phase faults with a protection analysis was not addressed in the associated footnote 13 to provide for system failure to a planning event under standard.23 The Commission stated that more comprehensive study of the Part 2.7, which requires a corrective a similar spare equipment strategy for potential impacts of protection system action plan when analysis indicates an stability analysis should exist that single points of failure. inability to meet performance requires studies to be performed for no requirements. The report explained that or single contingency categories 24 with the ‘‘[p]robability of three-phase fault the conditions that the system is 25 Order No. 786, 145 FERC ¶ 61,051 at PP 88–89. with a protection system failure is low 26 Reliability Standard TPL–001–5 is available on expected to experience during the the Commission’s eLibrary document retrieval possible unavailability of the long lead system in Docket No. RM19–10–000 and on the 17 NERC, Order No. 754 Single Point of Failure time equipment. Rather than direct a NERC website, www.nerc.com. Technical Meeting Notes at 8 (October 24–25, change at that time, however, the 27 Reliability Standard TPL–001–5 includes an 2011). expanded list of protection system components for 18 2012 NERC Informational Filing at 7 (stating single points of failure studies. The selected list of 21 that the data request ‘‘is based on an approach that Id. at 9. components account for: (1) Those failed non- utilizes . . . a three-phase (3;) fault and assesses 22 Order No. 786, 145 FERC ¶ 61,051 at PP 40–45. redundant components of a protection system that simulated system performance against performance 23 Id. PP 85, 88–89 (citing Mandatory Reliability may impact one or more protection systems; (2) the measures’’). Standards for the Bulk-Power System, Order No. duration that faults remain energized until delayed 19 NERC, Order No. 754 Assessment of Protection 693, 118 FERC ¶ 61,218, at P 1786, order on reh’g, fault clearing; and (3) the additional system System Single Points of Failure Based on the Order No. 693–A, 120 FERC ¶ 61,053 (2007)). equipment removed from service following fault Section 1600 Data Request, at 11 (September 2015) 24 See Reliability Standard TPL–001–4, Table 1— clearing depending on the specific failed non- (2015 Report). Steady State & Stability Performance Planning redundant component of a protection system. NERC 20 Id. Events, Categories P0, P1, and P2. Petition at 16.

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15. NERC states that where the study under Reliability Standard EOP–004 II. Discussion 31 of a protection system single point of (Event Reporting). With regard to the 21. Pursuant to section 215(d)(2) of failure for a single-line-to-ground fault Order No. 786 directives, NERC the FPA, the Commission approves (i.e., a Category P5 event) identifies maintains that Reliability Standard Reliability Standard TPL–001–5 as just, cascading, a corrective action plan is TPL–001–5 provides for a more reasonable, not unduly discriminatory 28 required. NERC considers this a complete consideration of factors for or preferential, and in the public relatively commonplace scenario, and selecting which known outages will be interest. We conclude that Reliability NERC explains that an entity would be included in near-term transmission Standard TPL–001–5 is an improvement required to develop a corrective action planning horizon studies. over currently-effective Reliability plan if it determines that its system F. Notice of Proposed Rulemaking Standard TPL–001–4 and will improve would be unable to meet the Bulk-Power System reliability by performance requirements of Table 1 for 18. On June 20, 2019, the Commission requiring enhanced transmission system the Category P5 event. issued a NOPR that proposed to approve planning regarding the study of 16. In contrast, the revisions treat a Reliability Standard TPL–001–5 as the protection system single points of protection system single point of failure Reliability Standard largely addresses failure in combination with a single- in combination with a three-phase fault the directives in Order No. 786. The line-to-ground fault, as discussed in as an extreme event that does not NOPR also proposed to direct NERC, Order No. 754. The Commission also require a corrective action plan. NERC pursuant to section 215(d)(5) of the approves the associated violation risk asserts that the three-phase fault FPA, to modify the Reliability Standard factors, violation severity levels, and scenario is much less common than the to require corrective action plans for implementation plan. single-line-to-ground fault scenario. protection system single points of 22. The Commission determines that According to NERC, like the other failure in combination with a three- Reliability Standard TPL–001–5 satisfies extreme events in Reliability Standard phase fault if planning studies indicate the Order No. 786 directives regarding TPL–001–5, the three-phase fault potential cascading.32 The NOPR stated planned maintenance outages and scenario, while rare, could result in that NERC had not adequately justified stability analysis for spare equipment more significant impacts to an entity’s categorizing protection system single strategies. First, Reliability Standard 29 system. Under this approach, if an points of failure in combination with a TPL–001–5 provides for a more entity determines that its system will three-phase fault as an extreme event complete consideration of factors for experience cascading as a result of a that only requires study, but not a selecting which known outages will be three-phase fault scenario, the entity corrective action plan, when there is the included in near-term transmission would evaluate possible actions potential for cascading. The NOPR also planning horizon studies. The designed to reduce the likelihood or expressed concern with NERC’s modifications in Reliability Standard mitigate the consequences of the event; assessment that such events do not TPL–001–5 also address the however, a corrective action plan would necessitate corrective action plans Commission’s concern that the not be required. because of their rarity. The NOPR exclusion of known outages of less than 17. NERC explains that the likelihood proposed to direct NERC to submit the six (6) months in currently-effective of a three-phase fault event occurring modified Reliability Standard for Reliability Standard TPL–001–4 could and resulting in the most severe impacts approval within twelve (12) months result in outages of significant facilities would be small based on an historical from the effective date of a final rule. not being studied. Second, Reliability analysis of NERC data on protection 19. In addition to inviting comment Standard TPL–001–5 modifies system misoperation. NERC states that it on the proposed directive, the NOPR requirements for stability analysis to reviewed over 12,000 protection system sought comment on: (1) How many require an entity to assess the impact of misoperation in its Misoperation corrective action plans are expected for the possible unavailability of long lead Information Data Analysis System protection system single points of time equipment, consistent with the database reported since 2011, of which failure in combination with a three- entity’s spare equipment strategy. For only 28 involved three-phase faults. Of phase fault if a study indicates these reasons, the Commission approves those, NERC states that 10 involved cascading, so the Commission could Reliability Standard TPL–001–5. breakers that failed to operate, and the better understand the potential for 23. In addition, the Commission remaining 18 involved breakers that determines not to direct NERC to 30 increased costs and other were slow to operate. NERC contends implementation issues; and (2) the develop and submit modifications to the that a failure to operate may indicate an Commission’s proposal to direct NERC Reliability Standards to require instance of a protection system single address the directive within twelve (12) corrective action plans to address point of failure. While the potential for months of the effective date of the final protection system single points of severe impacts from such events rule. failure in combination with a three- remains, NERC asserts that none of the 20. The Commission received ten sets phase fault if planning studies indicate 10 failure to trip scenarios reported of NOPR comments. We address below potential cascading. We are persuaded since 2011 resulted in events that the issues raised in the NOPR and the by NERC and other commenters of the reached the threshold for reporting comments submitted in response. The improbability of single points of failure in combination with three-phase faults 28 Appendix to this final rule lists the Reliability Standard TPL–001–5, Table 1 33 (Steady State and Stability Performance Planning entities that filed comments. resulting in cascading outages. Our Events), Category P5 requires the study of a single- determination is also supported by the line-to-ground faulted element (e.g., generator, 31 Reliability Standard EOP–004–3 (Event 2015 Report’s assessment that the transmission circuit or transformer) along with a Reporting), Attachment 1: Reportable Events, probability of an adverse system impact failure to operate of a non-redundant component of contains a list of thresholds for reporting certain from a three-phase fault accompanied the protection system (i.e., a single point of failure) events to NERC. Examples of reporting thresholds protecting the faulted element. include: Loss of firm load for 15 minutes or more by a protection system failure is low 29 Order No. 693, 118 FERC ¶ 61,218 at P 1826 if 300 MW or greater for entities with a previous (describing extreme events as ‘‘events resulting in year’s demand of at least 3,000 MW, or 200 MW or 33 See, e.g., NERC Petition 25–26, NERC loss of two or more elements or cascading’’). greater for all other entities. Comments at 5, Trade Associations Comments at 5– 30 NERC Petition at 26, n.55. 32 NOPR, 167 FERC ¶ 61,249 at P 1. 6.

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enough that it does not warrant being a define protection system non- 13.’’ 38 While it contends that ‘‘ignoring planning event (i.e., requiring a redundancies. MISO observes that instrument transformers . . . is contrary corrective action plan). Although the instrument transformers are components to good utility practice,’’ MISO Commission previously noted that there listed in the NERC definition of acknowledges that ‘‘instrument is an average of approximately one protection system and, according to transformers are generally more robust three-phase fault event every three (3) NERC, represent valid single points of than the other components of a months since 2011, only ten indicated failure. protection system.’’ 39 Based on this instances of a protection system single record, the Commission declines to point of failure, which we agree is a rare Commission Determination adopt MISO’s recommendation. occurrence. Given the NERC standard 27. The Commission agrees with III. Information Collection Statement drafting team’s assessment of the MISO that ‘‘because the eventual improbability of single points of failure occurrence of a future planned outage is 29. The Paperwork Reduction Act 40 in combination with three-phase faults certain to occur, such planned outages (PRA) requires each federal agency to resulting in cascading outages, we should be considered ‘known’ for seek and obtain the Office of determine that it is reasonable to purposes of applying Reliability Management and Budget’s (OMB) address such occurrences as extreme Standards to the transmission planning approval before undertaking a collection events only requiring analysis and process.’’ 35 As MISO observes, the of information (including reporting, evaluation of possible mitigating actions Commission stated in Order No. 786 record keeping, and public disclosure designed to reduce adverse impacts. that a ‘‘properly planned transmission requirements) directed to ten or more 24. Further, we do not adopt BPA’s system should ensure the known, persons or contained in a rule of general recommendation, as an alternative to planned removal of facilities (i.e., applicability. OMB regulations require the NOPR directive, for NERC to generation, transmission or protection approval of certain information conduct a two-year pilot to determine system facilities) for maintenance collection requirements imposed by whether the types of actions that could rules (including deletion, revision, or purposes without the loss of non- 41 reduce or mitigate the impacts of single consequential load or detrimental implementation of new requirements). point of failure events are a cost- Upon approval of a collection of 34 impacts to system reliability such as effective means of ensuring reliability. cascading, voltage instability or information, OMB will assign an OMB As discussed above, we conclude that uncontrolled islanding.’’ 36 Moreover, control number and expiration date. the record reflects the infrequent nature the Commission indicated in Order No. Respondents subject to the filing of single points of failure in 786 that known planned facility outages requirements of this rule will not be combination with three-phase faults (i.e. generation, transmission or penalized for failing to respond to the resulting in cascading outages and protection system facilities) should be collection of information unless the therefore justifies our determination not addressed so long as their ‘‘planned collection of information displays a to adopt the NOPR directive. start times and durations may be valid OMB Control Number. 30. The Commission is submitting Other Issues Raised in NOPR Comments anticipated as occurring for some period these reporting and recordkeeping of time during the planning time 25. MISO’s comments include requirements to OMB for its review and horizon.’’ 37 Given these statements, we recommendations apart from the issues approval under section 3507(d) of the are not convinced that registered discussed above. First, MISO PRA. The Commission solicits entities will interpret ‘‘known’’ in recommends revising Reliability comments on the Commission’s need for Reliability Standard TPL–001–5 to mean Standard TPL–001–5 to address the this information, whether the scheduled, as MISO contends. need for planned outage flexibility in information will have practical utility, Accordingly, we decline to adopt the planning horizon. MISO contends the accuracy of the burden estimates, MISO’s recommendation to modify the that since very few planned outages are ways to enhance the quality, utility, and Reliability Standard. scheduled in the planning horizon, the clarity of the information to be collected Reliability Standard omits consideration 28. The Commission also declines to or retained, and any suggested methods of planned (i.e., known) outages in the direct NERC to include instrument for minimizing respondents’ burden, planning assessment. MISO states that transformer (i.e., current transformers including the use of automated Reliability Standard TPL–001–5 does and voltage transformers) failure as a information techniques. not define the term ‘‘known’’ outages. single component failure in Reliability 31. Burden Estimate: 42 The estimated MISO believes that the industry Standard TPL–001–5, Footnote 13. The burden 43 and cost 44 for the stakeholders will primarily interpret the standard drafting team explained in the term ‘‘known’’ to require that only Technical Rationale document for 38 NERC Petition, Exhibit F (Technical Rationale) scheduled outages be included in Reliability Standard TPL–001–5 that the at 5. transmission planning models. MISO ‘‘[System Protection and Control 39 MISO Comments at 12. maintains that because the eventual Subcommittee and System Modeling 40 44 U.S.C. 3501–21. 41 occurrence of a future planned outage is and Analysis Subcommittee] report 5 CFR 1320. 42 ‘‘Burden’’ is the total time, effort, or financial certain to occur, such planned outages described voltage or current sensing resources expended by persons to generate, should be considered ‘‘known’’ for devices [i.e., current transformers and maintain, retain, or disclose or provide information purposes of applying Reliability voltage transformers] as having a lower to or for a Federal agency. For further explanation Standards to the transmission planning level of risk of failure to trip due to of what is included in the information collection burden, refer to 5 CFR 1320.3. process. robustness and likelihood to actually 43 The estimated burden is a one-time burden 26. Second, MISO recommends cause tripping upon failure. Therefore, estimate in addition to the already approved burden adding instrument transformers (i.e., these components of a Protection estimate in Reliability Standard TPL–001–4. current transformers and voltage System are omitted from Footnote 44 Hourly costs are based on the Bureau of Labor transformers) to Reliability Standard Statistics (BLS) figures for May 2018 (Sector 22, Utilities) for wages (https://www.bls.gov/oes/ TPL–001–5, Table 1, Footnote 13 to 35 MISO Comments at 5. current/naics2_22.htm) and benefits (https:// 36 Order No. 786, 45 FERC ¶ 61,051 at P 41. www.bls.gov/news.release/ecec.nr0.htm). We 34 BPA Comments at 2–3. 37 Id. P 44. Continued

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requirements contained in this final rule follows:

FERC–725N, MODIFICATIONS DUE TO FINAL RULE IN DOCKET NO. RM19–10–000

Annual Number of number of Total number Average burden & cost per Total annual burden hours & Areas of modification 45 responses respondents per of responses response total annual cost respondent

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

Single Point of Failure (one- 214 (PC/TP) ... 1 214 16 hrs. (reporting: 12 hrs.; 3,424 hrs. & $188,320. (re- time). recordkeeping: 4 hrs.); porting, 2,568 hrs. & $880. $141,240, & record- keeping, 856 hrs., $47,080). Spare Equipment Strategy 214 (PC/TP) ... 1 214 4 hrs. (reporting: 2 hrs.; rec- 856 hrs. & $47,080 (report- (one-time). ordkeeping: 2 hrs.); $220. ing, 428 hrs. & $23,540; recordkeeping, 428 hrs. & $23,540). Plan Maintenance Outage 214 (PC/TP) ... 1 214 16 hrs. (reporting: 12 hrs.; 3,424 hrs. & $188,320 (re- (one-time). recordkeeping: 4 hrs.) porting, 2,568 hrs. & $880. $141,240; recordkeeping, 856 hrs. & $47,080). Sub-Total for Reporting Re- ...... 5,564 hrs.; $306,020 quirements. Sub-Total for Recordkeeping ...... 2,140 hrs.; $117,700 Requirements.

Total ...... 642 ...... 7,704 hrs.; $423,720

32. This final rule will not 5 and determined that its action is [email protected]. Comments significantly change existing burdens on necessary to implement section 215 of submitted to OMB should include an ongoing basis. The Commission the FPA. The Commission has assured FERC–725N and OMB Control No. estimates a one-time burden increase for itself, by means of its internal review, 1902–0264. Year 1 only because Year 1 represents that there is specific, objective support IV. Environmental Analysis a one-time task not repeated in for the burden estimates associated with subsequent years. the information requirements. 35. The Commission is required to 33. Title: FERC–725N, Mandatory 34. Interested persons may obtain prepare an Environmental Assessment Reliability Standards: Transmission information on the reporting or an Environmental Impact Statement Planning (TPL) Reliability Standards. requirements by contacting the for any action that may have a Action: Revision to FERC–725N following: Federal Energy Regulatory significant adverse effect on the human information collection. Commission, 888 First Street NE, environment.46 The Commission has OMB Control No.: 1902–0264. Washington, DC 20426, [Attention: categorically excluded certain actions Respondents: Businesses or other for- Ellen Brown, Office of the Executive from this requirement as not having a profit institutions; not-for-profit Director, email: DataClearance@ significant effect on the human institutions. ferc.gov, phone: (202) 502–8663, fax: environment. Included in the exclusion Frequency of Responses: One Time. (202) 273–0873]. are rules that are clarifying, corrective, Necessity of the Information: This Submit comments concerning the or procedural or that do not final rule approves the requested collection of information and the substantially change the effect of the modifications to a Reliability Standard associated burden estimate to the regulations being amended.47 The pertaining to transmission planning. As Commission in this docket, and to the actions proposed herein fall within this discussed above, the Commission Office of Management and Budget, categorical exclusion in the approves Reliability Standard TPL–001– Office of Information and Regulatory Commission’s regulations. 5 pursuant to FPA section 215(d)(2) Affairs, 725 17th Street NW, V. Regulatory Flexibility Act Analysis because it improves upon the currently- Washington, DC 20503, [Attention: Desk effective Reliability Standard TPL–001– Officer for the Federal Energy 36. The Regulatory Flexibility Act of 4. Regulatory Commission]. For security 1980 (RFA) 48 generally requires a Internal Review: The Commission has reasons, comments to OMB should be description and analysis of rulemakings reviewed Reliability Standard TPL–001– submitted by email to: oira_ that will have significant economic

estimate that Office and Administrative Support categories’ wage figures are averaged and weighted coordinators (PCs), 139 entities registered as (Occupation code: 43–0000) would perform the equally as follows: ($42.11 hour + $68.17 hour) ÷ transmission planners (TPs), ad 67 entities functions associated with recordkeeping 2 = $55.14/hour. The resulting wage figure is registered as both PCs and TPs. requirements, at an average hourly cost (for wages rounded to $55.00/hour for use in calculating wage 46 Regulations Implementing the National and benefits) of $42.11. We estimate the functions figures in the final rule in Docket No. RM19–10– Environmental Policy Act of 1969, Order No. 486, associated with reporting requirements would be 000. FERC Stats. & Regs. ¶ 30,783 (1987) (cross- performed by an Electrical Engineer (Occupation 45 The number of respondents is based on the code: 17–2051) at an average hourly cost (including NERC Registry on November 21, 2019, which referenced at 41 FERC ¶ 61,284). wages and benefits) of $68.17. These occupational showed 8 entities registered as planning 47 18 CFR 380.4(a)(2)(ii).

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impact on a substantial number of small a significant economic impact on a free at 1–866–208–3676) or email at entities.49 The Small Business substantial number of small entities. [email protected], or the Administration’s (SBA) Office of Size Public Reference Room at (202) 502– VI. Document Availability Standards develops the numerical 8371, TTY (202)502–8659. Email the definition of a small business.50 The 39. In addition to publishing the full Public Reference Room at SBA revised its size standard for electric text of this document in the Federal [email protected]. utilities (effective January 22, 2014) to a Register, the Commission provides all VII. Effective Date and Congressional standard based on the number of interested persons an opportunity to Notification employees, including affiliates (from the view and/or print the contents of this prior standard based on megawatt hour document via the internet through 42. These regulations are effective sales).51 FERC’s Home Page (http:// April 13, 2020. The Commission has 37. Reliability Standard TPL–001–5 is www.ferc.gov) and in FERC’s Public determined, with the concurrence of the expected to impose an additional Reference Room during normal business Administrator of the Office of burden on 214 entities 52 (PCs and TPs). hours (8:30 a.m. to 5:00 p.m. Eastern Information and Regulatory Affairs of Of the 214 affected entities discussed time) at 888 First Street NE, Room 2A, OMB, that this rule is not a ‘‘major rule’’ above, we estimate that approximately Washington, DC 20426. as defined in section 351 of the Small 10 percent of the affected entities are 40. From FERC’s Home Page on the Business Regulatory Enforcement small entities. We estimate that each of internet, this information is available on Fairness Act of 1996. The rule will be the 21 small entities to whom the eLibrary. The full text of this document provided to the Senate, House, proposed modifications to proposed is available on eLibrary in PDF and Government Accountability Office, and Reliability Standard TPL–001–5 apply Microsoft Word format for viewing, the SBA. will incur one-time costs of printing, and/or downloading. To access approximately $1,980 per entity to this document in eLibrary, type the By the Commission. Issued: January 23, 2020. implement the proposed Reliability docket number excluding the last three Standard. We do not consider the digits of this document in the docket Kimberly D. Bose, estimated costs for these 21 small number field. Secretary. entities to be a significant economic 41. User assistance is available for Note: The following appendix will not impact. eLibrary and the FERC’s website during appear in the Code of Federal Regulations. 38. Accordingly, the Commission normal business hours from FERC certifies that this final rule will not have Online Support at (202) 502–6652 (toll Appendix—List of Commenters

Abbreviation Commenter

AF&PA ...... American Forest and Paper Association. APS ...... Arizona Public Service Company. BPA ...... Bonneville Power Administration. Carder ...... William Carder. MISO ...... Midcontinent Independent System Operator, Inc. NERC ...... North American Electric Reliability Corporation. Pugh ...... Theresa Pugh. Trade Associations ...... American Public Power Association, Edison Electric Institute, Large Public Power Council, National Rural Electric Cooperative Association. Tri-State ...... Tri-State Generation and Transmission Association, Inc. TVA ...... Tennessee Valley Authority.

[FR Doc. 2020–02170 Filed 2–12–20; 8:45 am] ACTION: Final rule. data communicated between bulk BILLING CODE 6717–01–P electric system Control Centers. SUMMARY: The Federal Energy DATES: This rule will become effective Regulatory Commission (Commission) April 13, 2020. DEPARTMENT OF ENERGY approves Reliability Standard CIP–012– FOR FURTHER INFORMATION CONTACT: Federal Energy Regulatory 1 (Cyber Security—Communications Vincent Le, (Technical Information), Commission between Control Centers). The North Office of Electric Reliability, Federal American Electric Reliability Energy Regulatory Commission, 888 18 CFR Part 40 Corporation (NERC), the Commission- First Street NE, Washington, DC certified Electric Reliability 20426, (202) 502–6204, vincent.le@ [Docket No. RM18–20–000; ORDER NO. 866] Organization, submitted Reliability ferc.gov Standard CIP–012–1 for Commission Kevin Ryan, (Legal Information), Office Critical Infrastructure Protection approval in response to a Commission of the General Counsel, Federal Reliability Standard CIP–012–1—Cyber directive. In addition, the Commission Energy Regulatory Commission, 888 Security—Communications Between directs NERC to develop modifications First Street NE, Washington, DC Control Centers to the CIP Reliability Standards to 20426, (202) 502–6840, kevin.ryan@ AGENCY: Federal Energy Regulatory require protections regarding the ferc.gov Commission. availability of communication links and SUPPLEMENTARY INFORMATION:

48 5 U.S.C. 601–612. 52 Public utilities may fall under one of several subsidiaries. We are using a 500-employee 49 Id. different categories, each with a size threshold threshold due to each affected entity falling within 50 13 CFR 121.101. based on the company’s number of employees, the role of Electric Bulk Power Transmission and 51 Id. 121.201. including affiliates, the parent company, and Control (NAISC Code: 221121).

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1. Pursuant to section 215(d)(2) of the severity levels, implementation plan, the Commission independently.6 Federal Power Act (FPA),1 the and effective date. Pursuant to section 215 of the FPA, the Commission approves Reliability 3. In addition, pursuant to section Commission established a process to Standard CIP–012–1 (Cyber Security— 215(d)(5) of the FPA, the Commission select and certify an ERO,7 and Communications between Control directs NERC to develop modifications subsequently certified NERC.8 Centers). The North American Electric to the CIP Reliability Standards to B. Order No. 822 Reliability Corporation (NERC), the require protections regarding the Commission-certified Electric availability of communication links and 6. In Order No. 822, the Commission Reliability Organization (ERO), data communicated between bulk approved seven modified CIP Reliability submitted Reliability Standard CIP– electric system Control Centers. As Standards and directed NERC to 012–1 for Commission approval in discussed in the Notice of Proposed develop additional modifications to the response to a Commission directive in Rulemaking (NOPR), Reliability CIP Reliability Standards.9 Specifically, Order No. 822.2 In Order No. 822, the Standard CIP–012–1 does not require the Commission directed that NERC, Commission directed NERC, pursuant to protections regarding the availability of among other things, develop section 215(d)(5) of the FPA, to develop communication links and data modifications to the CIP Reliability modifications to the Reliability communicated between bulk electric Standards to require that responsible Standards to require responsible entities system Control Centers, as directed in entities implement controls to protect, to implement controls to protect, at a Order No. 822.5 In the NOPR, the at a minimum, communications links minimum, communications links and Commission indicated that it did not and sensitive bulk electric system data sensitive bulk electric system data agree with NERC’s assertion that communicated between bulk electric communicated between bulk electric currently-effective Reliability Standards system Control Centers ‘‘in a manner system Control Centers ‘‘in a manner address availability, and we are not that is appropriately tailored to address that is appropriately tailored to address persuaded by NOPR comments raising the risks posed to the bulk electric the risks posed to the bulk electric the same argument. Instead, pursuant to system by the assets being protected system by the assets being protected (i.e., high, medium, or low impact).’’ 10 3 section 215(d)(5) of the FPA, we (i.e., high, medium, or low impact).’’ determine that the absence of a The Commission observed that NERC, 2. Consistent with the directive in requirement that specifically pertains to as well as other commenters in that Order No. 822, Reliability Standard the availability of communication links proceeding, ‘‘recognize that inter- CIP–012–1 improves upon the and data communicated between bulk Control Center communications play a currently-effective Critical Infrastructure electric system Control Centers critical role in maintaining bulk electric Protection (CIP) Reliability Standards to represents a reliability gap in the CIP system reliability by . . . helping to mitigate cyber security risks associated maintain situational awareness and with communications between bulk Reliability Standards that should be addressed by NERC. support reliable operations through electric system Control Centers. timely and accurate communication Specifically, Reliability Standard CIP– 4. The Commission, in the NOPR, also between Control Centers.’’ 11 012–1 supports situational awareness proposed to direct NERC to identify and reliable bulk electric system clearly the types of data that must be 7. The Commission explained that operations by requiring responsible protected under Reliability Standard Control Centers associated with entities to protect the confidentiality CIP–012–1. The NOPR expressed responsible entities, including and integrity of Real-time Assessment 4 concern that Reliability Standard CIP– reliability coordinators, balancing and Real-time monitoring data 012–1 does not adequately identify the authorities, and transmission operators, transmitted between bulk electric types of data covered by its must be capable of receiving and storing system Control Centers. Accordingly, requirements, due to, among other a variety of bulk electric system data the Commission approves Reliability things, the fact that the term ‘‘Real-time from their interconnected entities in Standard CIP–012–1 because it is largely monitoring’’ is not defined in the order to adequately perform their responsive to the Commission’s Reliability Standard or the NERC reliability functions. The Commission, directive in Order No. 822 and improves Glossary. After considering the NOPR therefore, determined that ‘‘additional the cyber security posture of responsible comments, however, we determine not measures to protect both the integrity entities. We also approve the associated to direct the proposed modification and availability of sensitive bulk electric violation risk factors and violation based on the explanation of the types of system data are warranted.’’ 12 data that must be protected set forth in The Commission cautioned, however, 1 16 U.S.C. 824o(d)(2). the NOPR comments. that ‘‘not all communication network 2 Revised Critical Infrastructure Protection components and data pose the same risk I. Background Reliability Standards, Order No. 822, 154 FERC to bulk electric system reliability and ¶ 61,037, at P 53, order denying reh’g, Order No. 822–A, 156 FERC ¶ 61,052 (2016). A. Section 215 and Mandatory may not require the same level of 3 16 U.S.C. 824o(d)(5); Order No. 822, 154 FERC Reliability Standards ¶ 61,037 at P 53. 6 16 U.S.C. 824o(e). 4 The NERC Glossary defines Real-time 5. Section 215 of the FPA requires a 7 Rules Concerning Certification of the Electric Assessment as, ‘‘An evaluation of system conditions Commission-certified ERO to develop Reliability Organization; and Procedures for the using Real-time data to assess existing (pre- mandatory and enforceable Reliability Establishment, Approval, and Enforcement of Contingency) and potential (post-Contingency) Standards, subject to Commission Electric Reliability Standards, Order No. 672, 114 operating conditions. The assessment shall reflect FERC ¶ 61,104, order on reh’g, Order No. 672–A, applicable inputs including, but not limited to: review and approval. Reliability 114 FERC ¶ 61,328 (2006). Load, generation output levels, known Protection Standards may be enforced by the ERO, 8 North American Electric Reliability Corp., 116 System and Special Protection System status or subject to Commission oversight, or by FERC ¶ 61,062, order on reh’g and compliance, 117 degradation, Transmission outages, generator FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. v. outages, Interchange, Facility Ratings, and FERC, 564 F.3d 1342 (D.C. Cir. 2009). 5 See Critical Infrastructure Protection Reliability identified phase angle and equipment limitations. 9 (Real-time Assessment may be provided through Standard CIP–012–1—Cyber Security— Order No. 822, 154 FERC ¶ 61,037 at PP 1, 3. internal systems or through third-party services.)’’ Communication between Control Centers, Notice of 10 Id. P 53. NERC Glossary of Terms Used in NERC Reliability Proposed Rulemaking, 167 FERC ¶ 61,055, at P 54 11 Id. P 54. Standards (July 3, 2018). (2019) (NOPR). 12 Id.

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protection.’’ 13 Therefore, the CIP–012–1. Regarding data at rest, NERC covered by its requirements, due to, Commission determined that NERC states that the standard drafting team among other things, the fact that Real- should develop controls that reflect the determined that since data at rest time monitoring is not defined in the risk being addressed in a reasonable resides within BES Cyber Systems,18 it proposed Reliability Standard or the manner. is already protected by the controls NERC Glossary.21 mandated by Reliability Standards CIP– 14. In response to the NOPR, eight C. NERC Petition and Reliability 003–6 through CIP–011–2. According to entities submitted comments. A list of Standard CIP–012–1 NERC, oral communications are out of commenters appears in Appendix A. 8. On September 18, 2018, NERC scope of Reliability Standard CIP–012– The discussion below addresses the submitted for Commission approval 1 ‘‘because operators have the ability to proposals in the NOPR as well as the proposed Reliability Standard CIP–012– terminate the call and initiate a new one NOPR comments. 1 and the associated violation risk via trusted means if they suspect a II. Discussion factors and violation severity levels, problem with, or compromise of, the implementation plan, and effective communication channel.’’ 19 NERC 15. Pursuant to section 215(d)(2) of date.14 NERC states that the purpose of notes that Reliability Standard COM– the FPA, the Commission approves Reliability Standard CIP–012–1 is to 001–3 requires reliability coordinators, Reliability Standard CIP–012–1 as just, help maintain situational awareness and balancing authorities, and transmission reasonable, not unduly discriminatory reliable bulk electric system operations operators to have alternative or preferential, and in the public by protecting the confidentiality and interpersonal communication interest. Reliability Standard CIP–012–1 integrity of Real-time Assessment and capability, which could be used if there largely addresses the Commission’s Real-time monitoring data transmitted is a suspected compromise of oral directive in Order No. 822 because it between Control Centers. communication on one channel. will enhance existing protections for 9. NERC states that Reliability bulk electric system reliability by Standard CIP–012–1 ‘‘requires D. Notice of Proposed Rulemaking augmenting the currently-effective CIP Responsible Entities to develop and 12. On April 18, 2019, the Reliability Standards to mitigate cyber implement a plan to address the risks Commission issued a NOPR proposing security risks associated with posed by unauthorized disclosure to approve Reliability Standard CIP– communications between bulk electric (confidentiality) and unauthorized 012–1 as just, reasonable, not unduly system Control Centers. Reliability modification (integrity) of Real-time discriminatory or preferential, and in Standard CIP–012–1 achieves this by Assessment and Real-time monitoring the public interest.20 The NOPR stated requiring responsible entities to protect data while being transmitted between that Reliability Standard CIP–012–1 is the confidentiality and integrity of Real- applicable Control Centers.’’ 15 largely responsive to the Commission’s time Assessment and Real-time According to NERC, the required plan directive in Order No. 822 and improves monitoring data transmitted between must include the following: (1) the cyber security posture of the bulk bulk electric system Control Centers, Identification of security protections; (2) electric system by requiring responsible thereby supporting situational identification of where the protections entities to protect the confidentiality awareness and reliable bulk electric are applied; and (3) identification of the and integrity of Real-time Assessment system operations. responsibilities of each entity in case a and Real-time monitoring data 16. While the Commission approves Control Center is owned or operated by transmitted between bulk electric Reliability Standard CIP–012–1, we also different responsible entities.16 system Control Centers, which supports determine that the reliability risks 10. As noted above, the types of data situational awareness and reliable bulk identified in Order No. 822 will not be within the scope of Reliability Standard electric system operations. fully addressed with the CIP–012–1 consist of Real-time 13. While proposing to approve implementation of the Reliability Assessment and Real-time monitoring Reliability Standard CIP–012–1, the Standard. As discussed below, a data exchanged between Control Commission also proposed to direct significant cyber security risk associated Centers. NERC states that it is critical NERC to develop modifications to the with the protection of communications that this information is accurate since CIP Reliability Standards to address links and sensitive bulk electric system responsible entities operate and monitor potential reliability gaps. First, the data communicated between bulk the bulk electric system based on this NOPR stated that Reliability Standard electric system Control Centers remains Real-time information. NERC explains CIP–012–1 does not require protections because Reliability Standard CIP–012–1 that Reliability Standard CIP–012–1 regarding the availability of does not address the availability of ‘‘excludes other data typically communication links and data communication links and data transferred between Control Centers, communicated between bulk electric communicated between bulk electric such as Operational Planning Analysis system Control Centers as directed in system Control Centers. To address this data, that is not used by the Reliability Order No. 822. The NOPR explained gap, the Commission directs NERC, Coordinator, Balancing Authority, and that the Commission was not persuaded pursuant to section 215(d)(5) of the Transmission Operator in Real-time.’’ 17 by NERC’s explanation that certain FPA, to develop modifications to the 11. NERC also indicates that data at currently-effective Reliability Standards CIP Reliability Standards to require rest and oral communications fall address the issue of availability. Second, protections regarding the availability of outside the scope of Reliability Standard the NOPR raised a concern that communication links and data Reliability Standard CIP–012–1 does not communicated between bulk electric 13 Id. P 56. adequately identify the types of data system Control Centers. 14 Reliability Standard CIP–012–1 is not attached 17. Below, we discuss the following to this final rule. The Reliability Standard is 18 BES Cyber System is defined as ‘‘[o]ne or more issues: (A) Availability of bulk electric available on the Commission’s eLibrary document BES Cyber Assets logically grouped by a system communication links and data; retrieval system in Docket No. RM18–20–000 and responsible entity to perform one or more reliability on the NERC website, www.nerc.com. tasks for a functional entity.’’ NERC Glossary. The and (B) scope of bulk electric system 15 NERC Petition at 10. acronym BES refers to the bulk electric system. data that must be protected. 16 Id. at 3. 19 NERC Petition at 14. 17 Id. at 12. 20 NOPR, 167 FERC ¶ 61,055 at P 1. 21 Id. P 16.

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A. Availability of Bulk Electric System IRO–010–2 and TOP–003–3 require providers.’’ 30 IRC recommends a best Communication Links and Data applicable entities to use a mutually efforts approach similar to how supply agreeable security protocol between chain risks are addressed under 1. NOPR Control Centers. NERC explains that this Reliability Standard CIP–013–1. 18. The NOPR stated that Reliability supports availability by helping to Specifically, IRC suggests that ‘‘NERC Standard CIP–012–1 does not address ensure that conflicting protocols do not could adopt a standard that would the availability component of the impede receipt of data between Control require responsible entities, when Commission’s directive in Order No. Centers. negotiating these service contacts, to 822. The NOPR identified this as a gap 21. NERC also contends that take reasonable steps or use best efforts because ensuring timely and reliable Reliability Standard EOP–008–2 helps to maximize the availability of 31 access to and use of data is essential to support the availability of communication links.’’ the reliable operation of the bulk communication links between Control 24. Reclamation, in support of the electric system. The NOPR indicated Centers by requiring reliability Commission proposal, states that the that the existing Reliability Standards coordinators to have backup Control availability of communication networks cited in NERC’s petition do not require Center facilities, or backup Control should encompass links between responsible entities to protect the Center functionality for balancing Control Centers owned by the same availability of sensitive bulk electric authorities and transmission operators, entity as well as Control Centers owned system data in a manner consistent with in addition to their primary Control by different entities. Reclamation 22 Order No. 822. In particular, the Centers. NERC explains that ‘‘[t]hese maintains that the requirements for electronic communications be parallel NOPR stated that the cited Reliability backup facilities supply redundancy of to the following requirements for oral Standards either do not apply to some communication links and data communication contained in Reliability communications between individual exchange infrastructure and capabilities Standard COM–001–3: (1) Have Control Centers or, while their effect at the backup Control Center.’’ 26 NERC electronic communication capability; (2) may be to support availability, the further explains that entities with designate alternative electronic Reliability Standards do not create an geographically diverse primary and 23 communication capability in the event obligation to protect availability. backup Control Centers may have of a failure of the primary communication links that are physically 2. Comments communication capability; (3) test the separate from one another. NERC alternate method of electronic 19. NERC, Trade Associations, Tri- concludes that although ‘‘geographic State and IRC do not support a directive communication; (4) notify the entity on diversity alone will not always provide the other end of the communication that addresses the availability of redundancy of communication links, communication links and data path if a failure is detected; and (5) having backup Control Centers with establish mutually agreeable action to communicated between bulk electric different paths to communicate with system Control Centers. Reclamation, restore the electronic communication other Control Centers helps support capability. Appelbaum, and Liu express support for availability of communication links.’’ 27 the directive, while Bonneville offers 25. As an initial matter, Bonneville qualified support. 22. In addition, comments opposing recommends delaying approval of 20. Comments opposing the proposed the directive maintain that it is Reliability Standard CIP–012–1 until directive largely reiterate the petition’s premature to require protections for the NERC conducts a pilot project to study assertion that currently-effective availability of the communication links the most effective way to encrypt data Reliability Standards adequately protect and data at issue. NERC states that it while ensuring the data is available to the availability of communication links recognizes that ‘‘there may be additional responsible entities. However, if the and data communicated between bulk controls that could help address’’ risks Commission approves the Reliability electric system Control Centers. For to the availability of data and Standard, Bonneville ‘‘agrees with the example, NERC contends that ‘‘[w]hile communication links and commits to Commission’s proposal to address the IRO–002–5 and TOP–001–4 cover ‘‘study the risks to availability of data availability of communication links and infrastructure within Control Centers, and communication links between data communicated between Control Control Centers and the current controls Centers.’’ 32 Bonneville explains that not between Control Centers, the 28 requirements help protect the that support availability.’’ Trade maintaining the availability of the availability of data to be exchanged Associations, similarly, ‘‘encourage[s] communication links includes between Control Centers . . . [because] the Commission to consider directing addressing both redundancy and the data exchange infrastructure in NERC to study the issue [of recovery. Therefore, Bonneville scope of these requirements facilitates telecommunications security] to identify recommends that, if Reliability Standard specific availability vulnerabilities and CIP–012–1 is approved, ‘‘the sending and receiving data between 29 Control Centers.’’ 24 NERC explains that potential mitigation methods.’’ Commission order NERC to adopt if ‘‘an applicable entity lost capability of 23. IRC, while not supporting the modifications requiring Responsible some of this data exchange proposed directive, ‘‘acknowledges that Entities to have incident recovery plans/ infrastructure, the applicable entity [the Commission] could require continuity of operation plans addressing could continue to send and receive data additional actions by responsible planning for recovery time, capability, between Control Centers because of the entities to promote the availability of and capacity.’’ 33 Similarly, Appelbaum redundant data exchange infrastructure [bulk electric system] communication supports the proposed directive and within its Control Center.25 In addition, links to the extent possible through contends that ‘‘a requirement for a NERC states that Reliability Standards contracts with telecommunications continuing operations plan for loss of critical data resulting for the loss of 22 Id. P 24. 26 NERC Comments at 7; see also Trade 23 Id. Associations Comments at 9–10. 30 IRC Comments at 3 (emphasis in original). 24 NERC Comments at 5. 27 NERC Comments at 7. 31 Id. 25 Id.; see also Trade Associations Comments at 28 Id. at 8–9. 32 Bonneville Comments at 5. 6–8, Tri-state Comments at 3. 29 Trade Associations Comments at 12. 33 Id. at 6.

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Control Center functionality should be associated data by applying appropriate conclude that the risks associated with directed.’’ 34 security controls. losing the availability of either data or 28. As the NOPR explained, creating communication links between bulk 3. Commission Determination an obligation to protect availability, electric system Control Centers is 26. We determine that modifications while affording flexibility in terms of supported by the existing record and to the CIP Reliability Standards to what data is protected and how, is warrants a directive to modify the CIP address the availability of distinct from relying on currently- Reliability Standards.41 communication links and data effective Reliability Standards whose 31. We address several related issues communicated between bulk electric effect may be to support availability.38 raised in the comments. Commenters system control centers will enhance The comments do not offer a new or raise a concern that directing NERC to bulk electric system reliability. As the persuasive reason to alter this view. For address requirements for certain aspects Commission stated in Order No. 822, example, the Trade Associations repeat of availability, in particular redundancy bulk electric system Control Centers the line of reasoning in the NERC and diverse routing, could have ‘‘must be capable of receiving and petition by ‘‘encourag[ing] the significant impacts on responsible storing a variety of sensitive bulk Commission to focus holistically on the entities using third-party electric system data from interconnected broad requirements contained with [the] telecommunications providers. entities.’’ 35 We are not persuaded by the IRO and TOP standards, which focus on Specifically, Trade Associations notes contention in the petition and the performance requirements necessary that responsible entities ‘‘may not have comments that currently-effective to support Real-time monitoring and sufficient control over the design of Reliability Standards adequately Real-time Assessments.’’ 39 In this these networks to ensure that such address the directive in Order No. 822 circumstance, we disagree with that requirements are met.’’ 42 Without regarding availability. Instead, we approach because, as the Commission control over these networks, determine that the Reliability Standards observed in Order No. 822, ‘‘NERC and commenters suggest that the only cited by NERC either do not apply to other commenters recognize that inter- options for addressing availability communications between Control Control Center communications play a would be to construct costly private Centers or do not create an obligation to critical role in maintaining bulk electric networks or implement less secure protect the availability of data between system reliability by, among other internet-based connections.43 Control Centers. Accordingly, the things, helping to maintain situational 32. We are not persuaded by these directed modifications to the CIP awareness and reliable bulk electric arguments. Rather, as IRC correctly Reliability Standards are not duplicative system operations through timely and notes in its discussion of the challenges of existing Reliability Standards. accurate communication between raised in securing third-party 27. As the Commission explained in Control Center.’’ 40 Thus, the holistic telecommunications networks, while the NOPR, the existing Reliability view urged by Trade Associations does the Commission lacks jurisdiction over Standards cited by NERC are not not address the gap recognized by the telecommunication service providers responsive to the availability directive Commission in Order No. 822. that may own and operate the in Order No. 822.36 Reliability 29. The contention in NERC’s communication links between bulk Standards IRO–002–5 and TOP–001–4 comments that Reliability Standard electric system Control Centers, the require responsible entities to have EOP–008–2 could also help maintain Commission has the authority to require redundant and diversely routed data the availability of communication links responsible entities to take actions to exchange infrastructure within the between bulk electric system Control promote the availability of Control Center environment, but they do Centers, rests on the same reasoning that communication links through service not address communications between the ancillary benefits of an existing contracts with network providers.44 For individual Control Centers, which was Reliability Standard addresses the example, entities could enter into the subject of the Commission’s reliability gap identified by the service contracts with directive in Order No. 822.37 While it is Commission and concomitant telecommunication service providers true that the infrastructure associated availability directive in Order No. 822. that include an agreed-upon quality of with communications within Control While we agree that a requirement to service commitment to maintain the Centers may be useful to data exchange maintain a backup Control Center availability of the data exchange between Control Centers, nothing in the arguably provides a level of redundancy capability to minimize the availability cited Reliability Standards creates an for a responsible entity’s overall risk. Such arrangements would mirror obligation to maintain data availability operations, it does not require the approach in Reliability Standard between Control Centers. Similarly, redundant and diversely routed CIP–013–1 (Cyber Security—Supply Reliability Standards IRO–010–2 and communication paths between either Chain Risk Management), which also TOP–003–3 require responsible entities the primary and backup Control Centers involved non-jurisdictional entities.45 to have mutually agreeable security or third-party Control Centers. NERC should likewise consider protocols for exchange of Real-time 30. In addition, we do not agree that allowing responsible entities to contract data, which may have the effect of it is premature to require protections for with telecommunication service contributing to greater availability; the availability of the communication providers to minimize the risk of loss of however, these requirements do not links and data communicated between create an obligation, as directed in bulk electric system Control Centers. 41 See Appelbaum Comments at 7, Bonneville Order No. 822, to protect the availability While NERC and Trade Associations Comments at 5, IRC Comments at 3, Dr. Liu of those communication capabilities and advocate further study of the risks Comments at 1, Reclamation Comments at 1. 42 Trade Associations Comments at 12. associated with availability, we 43 See, e.g., id., Tri-State Comments at 2. 34 Appelbaum Comments at 7. 44 IRC Comments at 3. 35 Order No. 822, 154 FERC ¶ 61,037 at P 54. 38 NOPR, 167 FERC ¶ 61,055 at P 24; NERC 45 The currently-approved supply chain risk 36 NOPR, 167 FERC ¶ 61,055 at P 24. Comments at 6–7 (stating that alarms, recovery management Reliability Standard exempts 37 NOPR, 167 FERC ¶ 61,055 at P 24; NERC plans, and the ability to disable data encryption communication networks and data links between Comments at 5 (‘‘IRO–002–5 and TOP–011–4 cover also support data availability). discrete Electronic Security Perimeters. See NERC infrastructure within Control Centers, not between 39 Trade Associations Comments at 8. Reliability Standard CIP–013–1, Applicability Control Centers’’). 40 Order No. 822, 154 FERC ¶ 61,037 at P 54. Section 4.2.3.2.

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availability of communication links and plan for both recovery of compromised Reliability Standards are the only data communicated between bulk communication links and use of backup currently-effective Reliability Standards electric system Control Centers in cases communication capability should it be that use the phrase Real-time where communications between Control needed for redundancy (i.e., satellite or monitoring and the term Real-time Centers are managed by a third party. other alternate backup Assessment, ‘‘[c]ompliance with these 33. We agree with Reclamation’s communications). standards defines the data that is used comment that protections for the 36. Accordingly, pursuant to section in Real-time monitoring and Real-time availability of communication links and 215(d)(5) of the FPA, we direct that Assessments.’’ 50 NERC concludes that data communicated between bulk NERC develop modifications to the CIP by ‘‘using this language that is only electric system Control Centers should Reliability Standards to require referenced in the IRO and TOP encompass both entity-owned and third- protections regarding the availability of Reliability Standards families, proposed party owned Control Centers. The intent communication links and data CIP–012–1 brings the data identified of the Commission’s directive is for communicated between bulk electric pursuant to TOP–003–3 and IRO–010–2 NERC to address the risks associated system Control Centers, as discussed into scope.’’ 51 with the availability of communication above. 40. Trade Associations and IRC links and data communicated between B. Scope of Bulk Electric System Data concur with NERC that the scope of data all bulk electric system Control Centers, That Must Be Protected subject to the requirements of proposed which will require coordination Reliability Standard CIP–012–1 is between neighboring responsible 1. NOPR adequately clear. According to Trade entities. 37. The NOPR observed that Associations, responsible Entities and 34. We reject Bonneville’s Reliability Standard CIP–012–1 requires NERC understand that the types of data recommendation that the Commission the protection of Real-time Assessment covered in CIP–012–1 is the data delay approval of Reliability Standard and Real-time monitoring data. The specified for Real-time Assessment and CIP–012–1 to allow for a pilot project on Commission explained that that while Real-time monitoring under TOP–003 encryption. The record in this Real-time Assessment is defined in the and IRO–010. Similarly, IRC notes that proceeding does not support a delay, NERC Glossary, Real-time monitoring ‘‘all responsible entities must already and Bonneville’s request conflicts with data is not defined. Accordingly, the know the universe of data needed for the implementation plan proposed by NOPR expressed concern that Real-time Assessment and Real-time NERC.46 Moreover, the standard Reliability Standard CIP–012–1 does not monitoring activities in order to comply drafting team addressed the clearly indicate the types of data to be with NERC Reliability Standards TOP– Commission’s finding on this issue in protected. To address this, the 003–3 and IRO–010–2.’’ 52 Regarding the Order No. 822. In Order No. 822, the Commission proposed to direct that concern raised in the NOPR that the Commission stated ‘‘that any lag in NERC develop modifications to the CIP term Real-time monitoring is not communication speed resulting from Reliability Standards to clearly identify defined, IRC states that it ‘‘sees no implementation of protections should the types of data that must be protected, reason that the term should be only be measurable on the order of including whether a NERC Glossary presumed to mean something different milliseconds and, therefore, will not definition of Real-time monitoring from what it means in other places adversely impact Control Center would assist with implementation and where it is used in the NERC Reliability communications . . . [but that] compliance. Standards.’’53 technical issues should be considered 2. Comments 41. While Bonneville does not take a by the standard drafting team . . . e.g., position on the NOPR proposal, it notes by making certain aspects of the revised 38. Appelbaum and Reclamation a concern over ‘‘creating a compliance CIP Standards eligible for Technical support the development of one or more requirement to identify how different Feasibility Exceptions.’’ 47 In response, definitions. Specifically, Reclamation types of information are protected.’’ 54 NERC stated that the standard drafting recommends that the Commission direct Bonneville states that, generally, the use team ‘‘developed an objective-based NERC to develop definitions for the of the same data exchange infrastructure rather than prescriptive requirement terms: (1) Real-time monitoring data; (2) will result in all data using that . . . [that] will allow Responsible Real-time data; (3) BES Data; (4) infrastructure receiving the same Entities flexibility in mitigating the risks Operational Data; (5) System Planning protection regardless of data type. posed . . . in a manner suited to each Data; (6) availability and (7) Real-time Therefore, Bonneville avers that, if the of their respective operational monitoring. Appelbaum supports Commission directs NERC to define the environments.’’ 48 Accordingly, we requiring a definition of Real-time scope of data to be protected, then ‘‘a determine not to delay approval of monitoring given its importance to Responsible Entity should have the Reliability Standard CIP–012–1. triggering alarms that system operators option to show that all data types are 35. We agree with Bonneville and respond to and because it is an input to protected at the highest level using the Appelbaum that maintaining the automatic dispatch. same security protocols, without having 39. NERC and other commenters availability of communication networks to identify and show how specific types maintain that a directive is unnecessary and data should include provisions for of data are protected.’’ 55 incident recovery and continuity of because the terms Real-time Assessment operations in a responsible entity’s and Real-time monitoring are clear. 3. Commission Determination compliance plan. We recognize that the NERC states that the ‘‘language used in 42. In view of the comments, we redundancy of communication links proposed Reliability Standard CIP–012– determine not to adopt the NOPR cannot always be guaranteed; 1, ‘Real-time Assessment and Real-time responsible entities should therefore monitoring data,’ is sufficient to identify 50 Id. the data as described in TOP–003–3 and 51 Id. 49 46 See NERC Petition at Exhibit B. IRO–010–2.’’ Specifically, NERC 52 IRC Comments at 4. 47 Order No. 822, 154 FERC ¶ 61,037 at P 62. explains that since the IRO and TOP 53 Id. 48 NERC Petition, Exhibit D (Consideration of 54 Reclamation Comments at 6. Issues and Directives) at 7. 49 NERC Comments at 10. 55 Id.

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proposal to direct modifications to without having to identify and show R1.3)’’ where the total number of hours define the scope of data covered by how specific types of data are protected, was understated by 100,000, and all Reliability Standard CIP–012–1. NERC, so long as the security protocols are calculations based upon this error. Trade Associations and IRC agree that reasonable. 46. The Commission is submitting Reliability Standard CIP–012–1 requires III. Information Collection Statement these reporting and recordkeeping the protection of Real-time Assessment requirements to OMB for its review and and Real-time monitoring data 44. The FERC–725B information approval under section 3507(d) of the identified under Reliability Standards collection requirements contained in PRA. Comments are solicited on the TOP–003–3 and IRO–010–2. This point this final rule are subject to review by Commission’s need for this information, is also confirmed in the Technical the Office of Management and Budget whether the information will have Rationale document for Reliability (OMB) under section 3507(d) of the 57 practical utility, the accuracy of the Standard CIP–012–1.56 We are Paperwork Reduction Act of 1995. provided burden estimate, ways to persuaded that responsible entities must OMB’s regulations require approval of enhance the quality, utility, and clarity know the types of data needed for Real- certain information collection of the information to be collected, and requirements imposed by agency time Assessment and Real-time any suggested methods for minimizing rules.58 Upon approval of a collection of monitoring activities in order to comply the respondent’s burden, including the information, OMB will assign an OMB with Reliability Standards TOP–003–3 use of automated information control number and expiration date. and IRO–010–2. techniques. Respondents subject to the filing 43. With this understanding, we are requirements of this rule will not be 47. The Commission bases its satisfied that the data protected under penalized for failing to respond to the paperwork burden estimates on the Reliability Standard CIP–012–1 is the collection of information unless the changes in paperwork burden presented same data identified under Reliability collection of information displays a by Reliability Standard CIP–012–1. Standards TOP–003–3 and IRO–010–2. valid OMB control number. 48. The NERC Compliance Registry, We determine that this clarification 45. The Commission received no as of December 2019, identifies addresses the concern in the NOPR that comments on the validity of the burden approximately 1,482 unique U.S. not defining the types of data that must and cost estimates in the NOPR. The entities that are subject to mandatory be protected under Reliability Standard Commission is updating the burden compliance with Reliability Standards. CIP–012–1 could result in uneven estimates and labor costs contained in Of this total, we estimate that 719 compliance and enforcement. In the NOPR. The Commission in this final entities will face an increased addition, we agree with Bonneville that rule corrected an error from the NOPR paperwork burden under proposed responsible entities may show that all in the row ‘‘Identification of Security Reliability Standard CIP–012–1. Based data types are protected at the highest Protection Application (if not owned by on these assumptions, we estimate the level using the same security protocols, same Responsible Entity) (Requirement following reporting burden:

FERC–725B—MODIFICATIONS DUE TO THE FINAL RULE IN DOCKET NO. RM18–20–000

Number of 59 Avg. burden hrs. & Number of responses Total number cost per Total annual burden hours respondents per of responses 60 & total annual cost respondent response

(1) (2) (1) × (2) = (3) (4) (3) × (4) = 5

Implementation of Documented Plan(s) 719 1 719 128 hrs.; $11,776 .. 92,032 hrs.; $8,466,944. (Requirement R1) 61. Document Identification of Security Pro- 719 1 719 40 hrs.; $3,680 ...... 28,560 hrs.; $2,645,920. tection (Requirement R1.1) 61. Identification of Security Protection Ap- 719 1 719 20 hrs.; $1,840 ...... 14,280 hrs.; $1,322,960. plication (if owned by same Respon- sible Entity) (Requirement R1.2) 61. Identification of Security Protection Ap- 719 1 719 160 hrs.; $14,720 .. 14,240 hrs.; $10,583,680. plication (if not owned by same Re- sponsible Entity) (Requirement R1.3) 61. Maintaining Compliance (ongoing, start- 719 1 719 83 hrs.; $7,636 ...... 59,677 hrs.; $5,490,284. ing in Year 2).

Total (one-time, in Year 1) ...... 2,876 ...... 250,212 hrs.; $23,019,504. Total (ongoing, starting in Year 2) ...... 719 ...... 59,677 hrs.; $5,490,284.

56 NERC Petition, Exhibit F (Technical Rationale) website (http://www.bls.gov/oes/current/naics2_ These various occupational categories’ wage at 1–2. 22.htm): figures are averaged as follows: $61.494/hour + 57 44 U.S.C. 3507(d). Information Security Analysts (Occupation Code: $63.54/hour + $142.86/hour + $98.81/hour) ÷ 4 = 58 5 CFR 1320. 15–1122): $61.494 $91.70/hour. The resulting wage figure is rounded 59 We consider the filing of an application to be Computer and Mathematical (Occupation Code: to $92.00/hour for use in calculating wage figures a ‘‘response.’’ 15–0000): $63.54 in the final rule in Docket No. RM18–20–000. 60 Legal (Occupation Code: 23–0000): $142.86 The hourly cost for wages plus benefits is based 61 This includes the record retention costs for the Computer and Information Systems Managers on the average of the occupational categories for one-time and the on-going reporting documents. 2018 found on the Bureau of Labor Statistics (Occupation Code: 11–3021): $98.81.

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49. The one-time burden (in Year 1) submitted to OMB should include 57. Of the 719 affected entities for the FERC–725B information FERC–725B (OMB Control No. 1902– discussed above, we estimate that collection will be averaged over three 0248). approximately 82% percent of the years: affected entities are small entities. We IV. Environmental Analysis • 250,212 hours ÷ 3 = 83,404 hours/year estimate that each of the 590 small over Years 1–3 54. The Commission is required to entities to whom the modifications to • The number of one-time responses for prepare an Environmental Assessment Reliability Standard CIP–012–1 apply the FERC–725B information or an Environmental Impact Statement will incur one-time, non-paperwork cost collection is also averaged over Years for any action that may have a in Year 1 of approximately $17,051, 1–3: 2,876 responses ÷ 3 = 959 significant adverse effect on the human plus paperwork cost in Year 1 of responses/year environment.62 The Commission has $32,016, giving a total cost in Year 1 of 50. The average annual number (for categorically excluded certain actions $49,067. In Year 2 and Year 3, each Years 1–3) of responses and burden for from this requirement as not having a entity will incur only the ongoing one-time and ongoing burden will total: significant effect on the human annual paperwork cost of $7,594. We do • environment. Included in the exclusion not consider the estimated costs for 1,678 responses [959 responses (one- these 590 small entities to be a time) + 719 responses (ongoing)] are rules that are clarifying, corrective, • or procedural or that do not significant economic impact. 143,081 burden hours [83,404 hours 58. Accordingly, we certify that (one-time) + 59,677 hours (ongoing)] substantially change the effect of the 63 Reliability Standard CIP–012–1 will not hours (ongoing)] regulations being amended. The actions proposed herein fall within this have a significant economic impact on 51. Title: Mandatory Reliability categorical exclusion in the a substantial number of small entities. Standards for Critical Infrastructure Commission’s regulations. Protection [CIP] Reliability Standards. VI. Effective Date and Congressional Action: Revisions to FERC–725B V. Regulatory Flexibility Act Analysis Notification information collection. 59. This final rule is effective April 55. The Regulatory Flexibility Act of OMB Control No.: 1902–0248. 13, 2020. The Commission has 1980 (RFA) generally requires a Respondents: Businesses or other for- determined, with the concurrence of the description and analysis of proposed profit institutions; not-for-profit Administrator of the Office of and final rules that will have significant institutions. Information and Regulatory Affairs of economic impact on a substantial Frequency of Responses: One-time OMB, that this rule is not a ‘‘major rule’’ number of small entities.64 The Small and Ongoing. as defined in section 351 of the Small Business Administration’s (SBA) Office Necessity of the Information: This Business Regulatory Enforcement of Size Standards develops the final rule approves the requested Fairness Act of 1996. This final rule is numerical definition of a small modifications to Reliability Standards being submitted to the Senate, House, business.65 The SBA revised its size pertaining to critical infrastructure and Government Accountability Office. protection. As discussed above, the standard for electric utilities (effective Commission approves NERC’s proposed January 22, 2014) to a standard based on VII. Document Availability Reliability Standard CIP–012–1 the number of employees, including 60. In addition to publishing the full pursuant to section 215(d)(2) of the FPA affiliates (from the prior standard based text of this document in the Federal because they improve upon the on megawatt hour sales).66 Register, the Commission provides all currently-effective suite of cyber 56. Reliability Standard CIP–012–1 is interested persons an opportunity to security Reliability Standards. expected to impose an additional view and/or print the contents of this Internal Review: The Commission has burden on 719 entities 67 (reliability document via the internet through the reviewed the proposed Reliability coordinators [RC], generator operators Commission’s Home Page (http:// Standard and made a determination that [GOP], generator owners [GO], www.ferc.gov) and in the Commission’s its action is necessary to implement transmission operators [TOP], balancing Public Reference Room during normal section 215 of the FPA. authorities [BA], and transmission business hours (8:30 a.m. to 5:00 p.m. 52. Interested persons may obtain owners [TO]). Eastern time) at 888 First Street NE, information on the reporting Room 2A, Washington, DC 20426. requirements by contacting the 62 Regulations Implementing the National 61. From the Commission’s Home following: Federal Energy Regulatory Environmental Policy Act of 1969, Order No. 486, Page on the internet, this information is Commission, 888 First Street NE, FERC Stats. & Regs. ¶ 30,783 (1987). 63 available on eLibrary. The full text of Washington, DC 20426 [Attention: Ellen 18 CFR 380.4(a)(2)(ii). this document is available on eLibrary 64 5 U.S.C. 601–12. Brown, Office of the Executive Director, 65 13 CFR 121.101. in PDF and Microsoft Word format for email: [email protected], phone: 66 13 CFR 121.201, Subsection 221. viewing, printing, and/or downloading. (202) 502–8663, fax: (202) 273–0873]. 67 Public utilities may fall under one of several To access this document in eLibrary, 53. Please send comments concerning different categories, each with a size threshold type the docket number of this the collection of information and the based on the company’s number of employees, document, excluding the last three including affiliates, the parent company, and associated burden estimate to the subsidiaries. These entities may be included in the digits, in the docket number field. Commission, and to the Office of SBA categories for: Hydroelectric Power 62. User assistance is available for Management and Budget, Office of Generation, Fossil Fuel Electric Power Generation, eLibrary and the Commission’s website Information and Regulatory Affairs, 725 Nuclear Electric Power Generation, Solar Electric during normal business hours from the Power Generation, Wind Electric Power Generation 17th Street NW, Washington, DC 20503, Geothermal Electric Power Generation, Biomass Commission’s Online Support at Washington, DC 20503 [Attention: Desk Electric Power Generation, Other Electric Power (202)502–6652 (toll free at 1–866–208– Officer for the Federal Energy Generation, Biomass Electric Power Generation, or 3676) or email at ferconlinesupport@ Regulatory Commission]. For security Electric Bulk Power Transmission and Control. ferc.gov, or the Public Reference Room reasons, comments to OMB should be These categories have thresholds for small entities at (202) 502–8371, TTY (202) 502–8659. _ varying from 250–750 employees. For the analysis submitted by email to: oira in this final rule, we are using a conservative Email the Public Reference Room at [email protected]. Comments threshold of 750 employees. [email protected].

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By the Commission. Issued: January 23, 2020. Kimberly D. Bose, Secretary.

Note: The following Appendix will not appear in the Code of Federal Regulations.

APPENDIX—COMMENTERS

Abbreviation Commenter

Appelbaum ...... Jonathan Appelbaum. Bonneville ...... Bonneville Power Administration. IRC ...... ISO/RTO Council. Dr. Liu ...... Dr. Chen-Ching Liu. NERC ...... North American Electric Reliability Corporation. Reclamation ...... Bureau of Reclamation. Trade Associations ...... American Public Power Association, Edison Electric Institute, National Rural Electric Cooperative Association. Tri-State ...... Tri-State Generation and Transmission Association, Inc.

[FR Doc. 2020–02173 Filed 2–12–20; 8:45 am] Table of Contents for Preamble III. Basis and Purpose BILLING CODE 6717–01–P I. Abbreviations This rulemaking project was II. Regulatory History identified as part of the Coast Guard’s III. Basis and Purpose Regulatory Reform Task Force Initiative. DEPARTMENT OF HOMELAND IV. Discussion of Rule These field regulation changes were SECURITY V. Regulatory Analyses identified as part of the deregulation A. Regulatory Planning and Review identification process required by Coast Guard B. Impact on Small Entities Executive Order 13771 (Reducing C. Assistance for Small Entities Regulation and Controlling Regulatory 33 CFR Parts 1, 100, 110, and 165 D. Collection of Information Costs), Executive Order 13777 E. Federalism (Enforcing the Regulatory Reform F. Unfunded Mandates Reform Act Agenda Deregulatory Process), and [Docket No. USCG–2018–0533] G. Taking of Private Property H. Civil Justice Reform associated guidance issued in 2017. RIN 1625–ZA38 I. Protection of Children This rule makes technical and editorial J. Indian Tribal Governments corrections in Title 33 of the Code of Navigation and Navigable Waters, and K. Energy Effects Federal Regulations (CFR). Specifically, Shipping; Technical, Organizational, L. Technical Standards the rule removes safety zones, security and Conforming Amendments for U.S. M. Environment zones, and special local regulations Coast Guard Field Districts 5, 8, 9, 11, where the event is no longer held. This 13, 14, and 17 I. Abbreviations rule also removes special anchorage areas that are no longer used, and AGENCY: Coast Guard, DHS. CFR Code of Federal Regulations CG–LRA Office of Regulations and redesignates certain special anchorage ACTION: Final rule. Administrative Law areas in the Hawaiian Islands and Guam COTP Captain of the Port so they are grouped in the CFR as SUMMARY: The Coast Guard is issuing non-substantive technical, DHS Department of Homeland Security District 14 anchorages. Additionally, the FR Federal Register organizational, and conforming rule removes outdated references to OMB Office of Management and Budget amendments to existing regulations in penalties in regulations governing § Section certain regulated navigation areas in parts 1, 100, 110, and 165 of Title 33 of U.S.C. United States Code the Code of Federal Regulations. These Florida and Georgia, and updates amendments update and clarify general II. Regulatory History Captain of the Port (COTP) information regulations in part 1, and update in regulations for certain regulated regulations for Field Districts 5, 8, 9, 11, We did not publish a notice of navigation areas and security zones in 13, 14, and 17 to reflect the current proposed rulemaking for this rule. Kentucky, Ohio, and Missouri. These status of regulated navigation areas, Under Title 5 of the United States Code changes are necessary to correct errors, special local regulations, anchorages, (U.S.C.), section 553(b)(A), the Coast change addresses, and make other non- safety zones, and security zones. This Guard finds that this rule is exempt substantive changes that improve the rule will have no substantive effect on from notice and public comment clarity of the CFR. This rule does not the regulated public. rulemaking requirements because these create or change any substantive changes involve rules of agency requirements. DATES: This final rule is effective March organization, procedure, or practice. In The changes to 33 CFR part 1 are 16, 2020. addition, the Coast Guard finds that authorized under 14 U.S.C. 503, which FOR FURTHER INFORMATION CONTACT: For notice and comment procedures are grants the Secretary of the Department information about this document call or unnecessary under 5 U.S.C. 553(b)(B), as of Homeland Security (DHS) broad email Dominique Christianson, Coast this rule consists only of technical and authority to promulgate such Guard; telephone 202–372–3856, email editorial corrections, and these changes regulations as are appropriate to carry [email protected]. will have no substantive effect on the out the provisions of any law applicable SUPPLEMENTARY INFORMATION: public. to the Coast Guard. The changes to 33

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CFR part 100 are specifically authorized expediency in directing incoming C. Changes to 33 CFR Part 110 General under 46 U.S.C. 70041(a), which vests petitions to the proper office within the Provisions the Commandant of the Coast Guard Coast Guard, we are amending this In 33 CFR part 110, the following with authority to issue regulations to regulation to state that the public should anchorage areas are being changed: promote the safety of life on navigable mail petitions to the Office of The special anchorage areas located in waters during regattas or marine Regulations and Administrative Law § 110.65 (Indian River Bay), § 110.70 parades. The changes to 33 CFR parts (CG–LRA). The Executive Secretary for (Chesapeake and Delaware Canal), and 110 and 165 are authorized under the the Marine Safety and Security Counsel § 110.71(a) (Northeast River), are being general authority of 46 U.S.C. 70034, resides within the Office of Regulations removed because they are no longer granting the Secretary of DHS broad and Administrative Law. The Office of utilized; authority to issue, amend, or repeal Regulations and Administrative Law, The special anchorage areas located in regulations as necessary to implement previously identified with the § 110.128b (Island of Hawaii), § 128c 46 U.S.C. chapter 700, Ports and abbreviation CG–0943, was re-identified (Island of Kauai), and § 128d (Island of Waterways Safety Program. The as CG–LRA several years ago; and Oahu) are being redesignated as Secretary has delegated rulemaking In § 1.05–50 the following changes are §§ 110.129, 110.129a, and 110.129b, authority under 14 U.S.C. 503 and 46 made regarding final rules: respectively, so that they will be U.S.C. 70034 to the Commandant via The paragraph discussing rules issued organized with the District 14 1 DHS Delegation No. 0170.1. through notice and comment first and anchorages, not District 13; IV. Discussion of the Rule then promulgation without notice and The special anchorage area in comment is being restructured. This § 110.129a (Apra Harbor) is being The Coast Guard amends 33 CFR parts proposed change reflects the redesignated as § 110.129c because 1, 100, 110, and 165 by removing requirements of 5 U.S.C. 553 which § 110.128c has been redesignated above outdated event references and updating requires agencies to allow the public to as § 110.129a; and contact information in Coast Guard comment on rules prior to issuance The special anchorage area listed in Field Districts 5, 8, 9, 11, 13, 14, and 17. except under certain specified § 110.232 (Southeast Alaska) is being A. Changes to 33 CFR Part 1 General conditions. Also, we are clarifying that removed, as this anchorage is no longer Provisions the preamble to a final rule must used. respond to all significant comments, not In § 1.05–1 the following changes are necessarily all comments. We generally D. Changes to 33 CFR Part 165 General being made: mention all comments that we received, Provisions It amends paragraphs (d) and (d)(1) by even if only to note that some comments In 33 CFR part 165, the following updating the title of the Assistant were outside the scope or completely provisions are being changed: Commandant for Reponse Policy; not applicable to the rulemaking. The security zones in § 165.T08–0994 It amends paragraph (e) to clarify that However, we do not otherwise address (Mississippi River, New Orleans), the the types of regulations Coast Guard the merits or spend as much time on safety zone in § 165.T09–0971 District Commanders are authorized to comments that did not relate to the (Overhead Cable Replacement, Maumee issue include the establishment of safety rulemaking. River), the safety zone in § 165.T11–504 zones around facilities being (Independence Day Fireworks constructed maintained, or operated on B. Changes to 33 CFR Part 100 General Celebration for the City of Richmond), the Outer Continental Shelf. This is not Provisions and the safety zone in § 165.T11–630 a new delegation of authority. District In 33 CFR part 100, the following (Giants Enterprises Fireworks Display) Commanders have been delegated the Special Local Regulations are being are being removed, as the enforcement authority to issue and enforce safety changed: periods for these regulations have zone regulations on the Outer In Table 7 of § 100.801, item 3 (Battle expired; Continental Shelf since 1982 and that on the Bayou) and item 5 Outdated reference to penalities in authority is codified in Coast Guard (Chattahoochee Challenge) are being § 165.726 (Regulated Navigation Areas, regulations at 33 CFR 147.5 (47 FR 9366, removed, as these events are no longer Miami River) and § 165.756 (Regulated 9386, March 4, 1982). The lack of issued permits; Navigation Area, Savannah River) are inclusion of this authority in the general In Table 1 of § 100.1101, item 7 (ITU being removed; list of delegated authorities at § 1.05–1 World Triathlon), item 8 (Fearless In Table 7 of § 165.801, the safety was a drafting oversight which we now Triathlon), and item 9 (Bay to Bay zones are being removed in item 1 (Go wish to correct; Rowing and Paddling Regatta) are being Daddy Bowl), item 3 (Billy Bowlegs It amends paragraph (g) by updating removed, as these events are no longer Pirate Festival), and item 5 (Fourth of the title of the Assistant Commandant issued permits; July Celebration City of Fort Walton for Reponse Policy; and In Table 1 of § 100.1103, item 1 Beach) as these events no longer occur; It amends paragraph (h) by updating (Redwood Heron Sprints Regatta), item The security zones in § 165.809 (Port the office symbol for the Office of 2 (Stockton Asparagus Festival), item 5 of Port Lavaca-Point Comfort, Point Regulations and Administrative Law. (Kinetic Sculpture Race), item 6 Comfort, and Port of Corpus Christi In § 1.05–20, the Coast Guard is (Sacramento Bridge-to-Bridge Water Inner Harbor) are being removed as this amending the mailing address for Festival), and item 7 (Humboldt Bay security zone was removed in 2005 by petitions for rulemaking. Currently Paddle Fest) are being removed, as these previous regulation (70 FR 9363). § 1.05–20 directs the public to mail events are no longer issued permits; The regulated navigation area in petitions to CG–0943, to the attention of Section 100.1306 (National Maritime § 165.815, paragraph (c) (Ohio River at the Executive Secretary of the Marine Week Tugboat Races) is being removed Louisville, Kentucky) is being revised to Safety and Security Counsel. For because this event no longer occurs; and provide correct Captain of the Port (COTP) information; 1 The Coast Guard Authorization Act of 2018, Section 100.1307 (Straight Thunder Public Law 115–282, 132 Stat. 4192 (Dec. 4, 2018) Performance) is being removed because The security zone in § 165.820, redesignated 33 U.S.C. 1231 as 46 U.S.C. 70034. this event no longer occurs. paragraph (b) (Ohio River Mile 34.6 to

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35.1, Shippingport, Pennsylvania) is B. Impact on Small Entities analyzed this rule under Executive being revised to provide correct COTP Under the Regulatory Flexibility Act, Order 13132 and have determined that information; 5 U.S.C. 601–612, we have considered it is consistent with the fundamental The regulated navigation area in whether this rule would have a federalism principles and preemption § 165.821, paragraph (b) (Ohio River at significant economic impact on a requirements described in Executive Cincinnati, Ohio) is being revised to substantial number of small entities. Order 13132. provide correct COTP information; and The term ‘‘small entities’’ comprises F. Unfunded Mandates Reform Act The security zones in § 165.825, small businesses, not-for-profit paragraph (b) (Captain of the Port St. organizations that are independently The Unfunded Mandates Reform Act Louis, Missouri) are being revised to owned and operated and are not of 1995, 2 U.S.C. 1531–1538, requires provide correct COTP information. dominant in their fields, and Federal agencies to assess the effects of their discretionary regulatory actions. In IV. Regulatory Analyses governmental jurisdictions with populations of less than 50,000. This particular, the Act addresses actions We developed this rule after rule will have no substantive effect on that may result in the expenditure by a considering numerous statutes and the regulated public. Therefore, the State, local, or tribal government, in the Executive orders related to rulemaking. Coast Guard certifies under 5 U.S.C. aggregate, or by the private sector of Below we summarize our analyses 605(b) that this rule will not have a $100,000,000 (adjusted for inflation) or based on these statutes or Executive significant economic impact on a more in any one year. Although this rule orders. substantial number of small entities. would not result in such an This rule is not preceded by a notice expenditure, we do discuss the effects of A. Regulatory Planning and Review of proposed rulemaking and, therefore is this rule elsewhere in this preamble. Executive Orders 12866 (Regulatory exempt from the requirements of the G. Taking of Private Property Planning and Review) and 13563 Regulatory Flexibility Act (5 U.S.C. (Improving Regulation and Regulatory 601–612). The Regulatory Flexibility This rule will not cause a taking of Review) direct agencies to assess the Act does not apply when notice and private property or otherwise have costs and benefits of available regulatory comment rulemaking is not required. taking implications under Executive Order 12630 (Governmental Actions and alternatives and, if regulation is C. Assistance for Small Entities necessary, to select regulatory Interference with Constitutionally approaches that maximize net benefits Under section 213(a) of the Small Protected Property Rights). (including potential economic, Business Regulatory Enforcement H. Civil Justice Reform environmental, public health and safety Fairness Act of 1996, Public Law 104– This rule meets applicable standards effects, distributive impacts, and 121, we offer to assist small entities in in sections 3(a) and 3(b)(2) of Executive equity). Executive Order 13563 understanding this rule so that they can Order 12988 (Civil Justice Reform) to emphasizes the importance of better evaluate its effects on them and minimize litigation, eliminate quantifying both costs and benefits, of participate in the rulemaking. The Coast ambiguity, and reduce burden. reducing costs, of harmonizing rules, Guard will not retaliate against small and of promoting flexibility. Executive entities that question or complain about I. Protection of Children this rule or any policy or action of the Order 13771 (Reducing Regulation and We have analyzed this rule under Controlling Regulatory Costs) directs Coast Guard. Small businesses may send comments Executive Order 13045 (Protection of agencies to reduce regulation and on the actions of Federal employees Children from Environmental Health control regulatory costs and provides who enforce, or otherwise determine Risks and Safety Risks). This rule is not that ‘‘for every one new regulation compliance with, Federal regulations to an economically significant rule and issued, at least two prior regulations be the Small Business and Agriculture would not create an environmental risk identified for elimination, and that the Regulatory Enforcement Ombudsman to health or risk to safety that might cost of planned regulations be prudently and the Regional Small Business disproportionately affect children. managed and controlled through a Regulatory Fairness Boards. The budgeting process.’’ J. Indian Tribal Governments Ombudsman evaluates these actions The Office of Management and Budget annually and rates each agency’s This rule does not have tribal (OMB) has not designated this rule a responsiveness to small business. If you implications under Executive Order significant regulatory action under wish to comment on actions by 13175 (Consultation and Coordination section 3(f) of Executive Order 12866. employees of the Coast Guard, call 1– with Indian Tribal Governments), Accordingly, OMB has not reviewed it. 888–REG–FAIR (1–888–734–3247). because it would not have a substantial Because this rule is not a significant direct effect on one or more Indian regulatory action, this rule is exempt D. Collection of Information tribes, on the relationship between the from the requirements of Executive This rule calls for no new collection Federal Government and Indian tribes, Order 13771. See the OMB’s of information under the Paperwork or on the distribution of power and Memorandum titled ‘‘Guidance Reduction Act of 1995, 44 U.S.C. 3501– responsibilities between the Federal Implementing Executive Order 13771, 3520. Government and Indian tribes. titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (April 5, E. Federalism K. Energy Effects 2017). A regulatory analysis (RA) A rule has implications for federalism We have analyzed this rule under follows. This rule involves non- under Executive Order 13132 Executive Order 13211 (Actions substantive changes and internal agency (Federalism) if it has a substantial direct Concerning Regulations That practices and procedures; it will not effect on States, on the relationship Significantly Affect Energy Supply, impose any additional costs on the between the national government and Distribution, or Use). We have public. The benefit of the non- the States, or on the distribution of determined that it is not a ‘‘significant substantive changes is increased clarity power and responsibilities among the energy action’’ under that order because and accuracy of regulations. various levels of government. We have it is not a ‘‘significant regulatory action’’

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under Executive Order 12866 and is not and updating contact information in (viii) The establishment of safety likely to have a significant adverse effect Coast Guard Field Districts 5, 8, 9, 11, zones around OCS facilities being on the supply, distribution, or use of 13, 14, and 17. These regulation changes constructed, maintained, or operated on energy. are consistent with the Coast Guard’s the Outer Continental Shelf. maritime safety and stewardship L. Technical Standards * * * * * missions. The National Technology Transfer § 1.05–20 [Amended] List of Subjects and Advancement Act, codified as a ■ 3. In § 1.05–20(a), remove the words note to 15 U.S.C. 272, directs agencies 33 CFR Part 1 ‘‘Commandant (CG–0943), Attn: to use voluntary consensus standards in Administrative practice and Executive Secretary, Marine Safety and their regulatory activities unless the Security Council,’’ and add, in their agency provides Congress, through procedure, Authority delegations (Government agencies), Freedom of place, the words ‘‘Office of Regulations OMB, with an explanation of why using and Administrative Law (CG–LRA)’’. these standards would be inconsistent information, Penalties. ■ 4. Revise § 1.05–50 to read as follows: with applicable law or otherwise 33 CFR Part 100 impractical. Voluntary consensus Marine safety, Navigation (water), § 1.05–50 Final Rule. standards are technical standards (e.g., When notice and comment specifications of materials, performance, Reporting and recordkeeping requirements, Waterways. procedures have been used, and after all design, or operation; test methods; comments received have been sampling procedures; and related 33 CFR Part 110 considered, a final rule is issued. A final management systems practices) that are Anchorage grounds. rule document contains a preamble that developed or adopted by voluntary responds to significant comments consensus standards bodies. This rule 33 CFR Part 165 received and includes a discussion of does not use technical standards. Harbors, Marine safety, Navigation changes made from the proposed or Therefore, we did not consider the use (water), Reporting and recordkeeping interim rule, a citation of legal of voluntary consensus standards. requirements, Security measures, authority, and the text of the rule. In M. Environment Waterways. some instances, a final rule may be We have analyzed this rule under For the reasons stated in the issued without prior notice and Department of Homeland Security preamble, the Coast Guard amends 33 comment. Management Directive 023–01, Rev. 1, CFR parts 1, 100, 110, and 165 as follows: PART 100—SAFETY OF LIFE ON associated implementing instructions, NAVIGABLE WATERS and Environmental Planning PART 1—GENERAL PROVISIONS COMDTINST 5090.1 (series), which ■ 5. The authority citation for part 100 guide the Coast Guard in complying Subpart 1.05—Rulemaking continues to read as follows: with the National Environmental Policy Authority: 46 U.S.C. 70041; 33 CFR 1.05– Act of 1969 (42 U.S.C. 4321–4370f), and ■ 1. The authority citation for subpart 1. have determined that this action is one 1.05 is revised to read as follows: of a category of actions that do not § 100.801 [Amended] Authority: 5 U.S.C. 552, 553, App. 2; 14 individually or cumulatively have a U.S.C. 102, 502, 503, and 505; 33 U.S.C. 471, ■ 6. In § 100.801 amend Table 7 of significant effect on the human 499; 49 U.S.C. 101, 322; Department of § 100.801 by: environment. A Record of Homeland Security Delegation No. 0170.1. ■ a. Removing item 3 (Battle on the Environmental Consideration (REC) ■ 2. Amend § 1.05–1 by: Bayou) and item 5 (Chattahoochee supporting this determination is ■ a. In paragraph (d) introductory text Challenge); and available in the docket. For instructions removing the words ‘‘Marine Safety, ■ b. Redesignating item 4 as item 3, item on locating the docket, see the Security and Stewardship (CG–5)’’ and 6 as item 4, and items 7 through 20 as ADDRESSES section of this preamble. A adding, in their place, the words items 5 through 18. preliminary Record of Environmental ‘‘Response Policy (CG–5R)’’; Consideration and a Memorandum for § 100.1101 [Amended] ■ b. In paragraph (d)(1) introductory the Record are not required for this rule. ■ text, removing the words ‘‘Marine 7. In § 100.1101 amend Table 1 of This rule is categorically excluded Safety, Security and Stewardship’’ and § 100.1101 by: from further review under paragraphs adding, in their place, the words ■ a. Removing item 7 (ITU World L54, L55, L59 and L61 in Appendix A, ‘‘Response Policy (CG–5R)’’; Triathlon), item 8 (Fearless Triathlon) Table 1 of DHS Directive 023–01. ■ c. Adding paragraph (e)(1)(viii); and item 9 (Bay to Bay Rowing and Paragraph L54 pertains to promulgation ■ d. In paragraph (g) removing the Paddling Regatta); and of regulations that are editorial or ■ words ‘‘Marine Safety, Security and b. Redesignating items 10 through 18 procedural; paragraph L55 pertains to Stewardship’’ and adding, in their as items 7 through 15. regulations concerning internal agency place, the words ‘‘Response Policy’’; function or organization; paragraph L59 § 100.1103 [Amended] and pertains to regulations establishing, ■ e. In paragraph (h), removing the ■ 8. § 100.1103 amend Table 1 of disestablishing, or changing the size of words ‘‘(CG–0943)’’ and adding, in their § 100.1103 by: ■ Special Anchorage Areas or anchorage place, the words ‘‘(CG–LRA)’’. a. Removng item 1 (Redwood Heron grounds; paragraph L61 pertains to The addition reads as follows: Sprints Regatta), item 2 (Stockton special local regulations issues in Asparagus Festival), item 5 (Kinetic conjunction with a regatta or marine § 1.05–1 Delegation of rulemaking Sculpture Race), item 6 (Sacramento parade. This rule amends Title 33 CFR authority. Bridge-to-Bridge Water Festival), and parts 1, 100, 110, and 165 by updating * * * * * item 7 (Humboldt Bay Paddle Fest); and and clarifying general regulations and (e) * * * ■ b. Redesignating items 3, 4, 8 and 9 as by removing outdated event references (1) * * * items 1 through 4.

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§§ 100.1306 and 100.1307 [Removed] words ‘‘Captain of the Port, Ohio §§ 165.T09–0971, 165.T11–504, and 165.T11–630 [Removed] ■ 9. Remove §§ 100.1306 and 100.1307. Valley’’. ■ 24. Remove §§ 165.T09–0971, § 165.820 [Amended] PART 110—ANCHORAGE 165.T11–504, and 165.T11–630. ■ REGULATIONS 21. Amend § 165.820(b) by: Dated: January 9, 2020. ■ a. In paragraph (b)(1), removing the ■ M.W. Mumbach, 10. The authority citation for part 110 word ‘‘Pittsburgh’’, and adding, in its continues to read as follows: Chief, Office of Regulations and place, the words ‘‘MSU Pittsburgh’’. Administrative Law. Authority: 33 U.S.C. 471, 2071, 46 U.S.C. ■ b. In paragraph (b)(2), removing the [FR Doc. 2020–01760 Filed 2–12–20; 8:45 am] 70034; 33 CFR 1.05–1; Department of two occurances of the word BILLING CODE 9110–04–P Homeland Security Delegation No. 0170.1. ‘‘Pittsburgh’’, and adding, in their place, §§ 110.65, 110.70, and 110.71a [Removed] the words ‘‘, MSU Pittsburgh’’. DEPARTMENT OF HOMELAND ■ 11. Remove §§ 110.65, 110.70, and § 165.821 [Amended] 110.71a. SECURITY ■ 22. In § 165.821(b) remove the words §§ 110.128b through 110.129a ‘‘Captain of the Port, Louisville, Coast Guard [Redesignated] Kentucky’’ and add, in their place, the 33 CFR Part 117 ■ 12. Redesignate §§ 110.128b through words ‘‘Captain of the Port, Ohio 110.129a as follows: Valley’’. [Docket No. USCG–2019–0682] ■ 23. Amend § 165.825 by revising RIN 1625–AA09 Current section Redesignated section paragraph (b) to read as follows: 110.128b ...... 110.129. § 165.825 Security Zones; Captain of the Drawbridge Operation Regulation; 110.128c ...... 110.129a. Port, Upper Mississippi. Northeast Cape Fear River, Wilmington, NC 110.128d ...... 110.129b. * * * * * 110.129a ...... 110.129c. (b) Regulations. (1) Entry into these AGENCY: Coast Guard, DHS. security zones is prohibited unless ACTION: Temporary final rule. § 110.232 [Removed] authorized by the Coast Guard Captain ■ 13. Remove § 110.232. of the Port, Upper Mississippi or SUMMARY: The Coast Guard is designated representative. temporarily modifying the operating PART 165—REGULATED NAVIGATION (2) The Ft. Calhoun and Cooper schedule that governs the Isabel S. AREAS AND LIMITED ACCESS AREAS security zones include a portion of the Holmes Bridge (US 74/SR 133), across navigable channel of the Missouri River. the Northeast Cape Fear River, at mile ■ 14. The authority citation for part 165 All vessels that may safely navigate 1.0, at Wilmington, North Carolina. This continues to read as follows: outside of the channel are prohibited temporary modification will allow the Authority: 46 U.S.C. 70034, 70051; 33 CFR from entering the security zone without drawbridge to be maintained in the 1.05–1, 6.04–1, 6.04–6, and 160.5; the express permission of the Captain of closed position and is necessary to Department of Homeland Security Delegation the Port, Upper Mississippi or accommodate bridge maintenance. No. 0170.1. designated representative. Vessels that DATES: This temporary final rule is § 165.726 [Amended] are required to use the channel for safe effective without actual notice from navigation are authorized entry into the February 13, 2020 through 12:01 a.m. on ■ 15. Amend § 165.726 by removing zone but must remain within the June 30, 2021. For the purposes of paragraph (c). channel unless expressly authorized by enforcement, actual notice will be used § 165.756 [Amended] the Captain of the Port Upper from 7 p.m. on February 1, 2020 until Mississippi or designated February 13, 2020. ■ 16. Amend § 165.756 by removing representative. ADDRESSES: To view documents paragraph (f). (3) Persons or vessels requiring the mentioned in this preamble as being § 165.T08–0994 [Removed] permission of the Captain of the Port, available in the docket, go to http:// www.regulations.gov. Type USCG– ■ 17. Remove § 165.T08–0994. Upper Mississippi to enter the security zones must contact the Coast Guard 2019–0682 in the ‘‘SEARCH’’ box and § 165.801 [Amended] Sector Upper Mississippi River at click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this ■ telephone number 319 524–7511 or on 18. Amend § 165.801 as follows: rulemaking. ■ a. Remove item 1 (Go Daddy Bowl), VHF marine channel 16 or Marine FOR FURTHER INFORMATION CONTACT: If item 3 (Billy Bowlegs Pirate Festival), Safety Detachment Quad Cities at you have questions on this rule, call or and item 5 (Fourth of July Celebration/ telephone number 309 782–0627 or the email Mr. Michael Thorogood, Bridge City of Fort Walton Beach) in Table 7; Captain of the Port, Upper Mississippi Administration Branch Fifth District, and at telephone number 314 539–3091, ext. Coast Guard, telephone 757–398–6557, ■ b. Redesignate items 2, 4, and 6 3500 in order to seek permission to email [email protected]. through 10 as items 1–7 in Table 7. enter the security zones. If permission is granted, all persons and vessels must SUPPLEMENTARY INFORMATION: § 165.809 [Removed] comply with the instructions of the I. Table of Abbreviations ■ 19. Remove § 165.809. Captain of the Port, Upper Mississippi or designated representative. CFR Code of Federal Regulations § 165.815 [Amended] (4) Designated representatives are DHS Department of Homeland Security FR Federal Register ■ 20. In § 165.815(c) remove the words commissioned, warrant, and petty NPRM Notice of proposed rulemaking ‘‘Captain of the Port, Louisville, officers of the U.S. Coast Guard. SNPRM Supplemental notice of proposed Kentucky’’ and add, in their place, the * * * * * rulemaking

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Pub. L. Public Law four hours a day, seven days a week The draw will open on signal, if at least § Section from 7 p.m. on February 1, 2020 through a twenty-four hour notice is given, for U.S.C. United States Code 12:01 a.m. on June 30, 2021. The bridge vessels unable to transit through the II. Background Information and will open on signal for daily scheduled bridge during a scheduled opening, due Regulatory History openings at 6 a.m., 10 a.m., 2 p.m., and to the vessel’s draft; except for bridge 7 p.m., if at least a twenty-four hour closures authorized in accordance with On December 19, 2019, the Coast notice is given; except for bridge 33 CFR 117.829(a)(4). At all other times Guard published a notice for proposed closures authorized in accordance with the drawbridge will operate per 33 CFR rulemaking entitled ‘‘Drawbridge 33 CFR 117.829 (a)(4). The draw will 117.829(a). Operation Regulation; Northeast Cape open on signal, if at least a twenty-four B. Impact on Small Entities Fear River, Wilmington, NC’’ in the hour notice is given, for vessels unable Federal Register (84 FR 69685). The to transit through the bridge during a The Regulatory Flexibility Act of 1980 Coast Guard received one ‘‘unrelated’’ scheduled opening, due to the vessel’s (RFA), 5 U.S.C. 601–612, as amended, comment on this rule. draft; except for bridge closures requires federal agencies to consider the We are issuing this rule and under 5 authorized in accordance with 117.829 potential impact of regulations on small U.S.C. 553(d)(3), the Coast Guard finds (a)(4). At all other times the drawbridge entities during rulemaking. The term that good cause exists for making it will operate per 33 CFR 117.829(a). ‘‘small entities’’ comprises small effective in less than 30 days after businesses, not-for-profit organizations publication in the Federal Register This IV. Discussion of Comments, Changes that are independently owned and rule will take immediate effect. Good and the Temporary Final Rule operated and are not dominant in their cause exists because work has been The Coast Guard received one fields, and governmental jurisdictions ongoing and we have not received any ‘‘unrelated’’ comment on this rule. The with populations of less than 50,000. negative feedback from the maritime. one comment received did not influence The Coast Guard received no comments III. Legal Authority and Need for Rule any changes to the regulatory text. Due from the Small Business Administration to time restraints a change was made to on this rule. The Coast Guard certifies The Coast Guard is issuing this rule the regulatory text from the text noted under 5 U.S.C. 605(b) that this rule will under authority 33 U.S.C. 499. in the NPRM, we had to amend the start not have a significant economic impact The Isabel S. Holmes Bridge (US 74/ date of the closure period from ‘‘January on a substantial number of small SR 133), across the Northeast Cape Fear 1, 2020’’ to ‘‘February 1, 2020’’ as the entities. While some owners or River, at mile 1.0, at Wilmington, North regulation was not published prior to operators of vessels intending to transit Carolina, is a double bascule span January 1, 2020. All other portions of the bridge may be small entities, for the bridge, and has a vertical clearance of 40 the NPRM coincide with this current reasons stated in section V.A above, this feet above mean high water in the temporary final rule. rule will not have a significant closed position and unlimited vertical economic impact on any vessel owner clearance above mean high water in the V. Regulatory Analyses or operator. open position. The current operating We developed this rule after Under section 213(a) of the Small schedule for the drawbridge is considering numerous statutes and Business Regulatory Enforcement published in 33 CFR 117.829(a). Executive Orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), The North Carolina Department of Below we summarize our analyses we want to assist small entities in Transportation, who owns and operates based on a number of these statutes and understanding this rule. If the rule the Isabel S. Holmes Bridge (US 74/SR Executive Orders, and we discuss First would affect your small business, 133), across the Northeast Cape Fear Amendment rights of protesters. organization, or governmental River, at mile 1.0, at Wilmington, North jurisdiction and you have questions A. Regulatory Planning and Review Carolina, has requested this concerning its provisions or options for modification to allow the drawbridge to Executive Orders 12866 and 13563 compliance, please contact the person be maintained in the closed-to- direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION navigation position to facilitate bridge benefits of available regulatory CONTACT, above. maintenance of the drawbridge. alternatives and, if regulation is Small businesses may send comments This temporary final rule is necessary necessary, to select regulatory on the actions of Federal employees to facilitate safe and effective bridge approaches that maximize net benefits. who enforce, or otherwise determine maintenance of the drawbridge, while Executive Order 13771 directs agencies compliance with, Federal regulations to providing for the reasonable needs of to control regulatory costs through a the Small Business and Agriculture navigation. A work platform will reduce budgeting process. This rule has not Regulatory Enforcement Ombudsman the vertical clearance of the entire been designated a ‘‘significant and the Regional Small Business bridge span to approximately 34 feet regulatory action,’’ under Executive Regulatory Fairness Boards. The above mean high water in the closed Order 12866. Accordingly, it has not Ombudsman evaluates these actions position. Vessels that can safely transit been reviewed by the Office of annually and rates each agency’s through the bridge in the closed Management and Budget (OMB) and responsiveness to small business. If you position, with the reduced clearance pursuant to OMB guidance it is exempt wish to comment on actions by may do so, if at least a thirty minute from the requirements of Executive employees of the Coast Guard, call 1– notice is given, to allow for navigation Order 13771. 888–REG–FAIR (1–888–734–3247). The safety. The bridge will not be able to This regulatory action determination Coast Guard will not retaliate against open for emergencies and there is no is based on the fact that vessels can still small entities that question or complain immediate alternative route for vessels transit the bridge on signal for daily about this rule or any policy or action unable to pass through the bridge in the scheduled openings at 6 a.m., 10 a.m., of the Coast Guard. closed position. 2 p.m., and 7 p.m., if at least a twenty- Under this temporary final rule, the four hour notice is given; except for C. Collection of Information drawbridge will be maintained in the bridge closures authorized in This rule calls for no new collection closed-to-navigation position twenty- accordance with 33 CFR 117.829(a)(4). of information under the Paperwork

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Reduction Act of 1995 (44 U.S.C. 3501– Neither a Record of Environmental DEPARTMENT OF HOMELAND 3520). Consideration nor a Memorandum for SECURITY the Record are required for this rule. D. Federalism and Indian Tribal Coast Guard Government G. Protest Activities 33 CFR Part 165 A rule has implications for federalism The Coast Guard respects the First under Executive Order 13132, Amendment rights of protesters. Federalism, if it has a substantial direct Protesters are asked to contact the [Docket Number USCG–2020–0113] effect on the States, on the relationship person listed in the FOR FURTHER between the national government and INFORMATION CONTACT section to RIN 1625–AA00 the States, or on the distribution of coordinate protest activities so that your power and responsibilities among the Safety Zone; Pacific Ocean, Hilo message can be received without various levels of government. We have Harbor, HI—Lightering Operations analyzed this rule under that Order and jeopardizing the safety or security of have determined that it is consistent people, places or vessels. AGENCY: Coast Guard, DHS. with the fundamental federalism List of Subjects in 33 CFR Part 117 ACTION: Temporary final rule. principles and preemption requirements described in Executive Order 13132. Bridges. SUMMARY: The Coast Guard is establishing a temporary safety zone for Also, this rule does not have tribal For the reasons discussed in the implications under Executive Order the navigable waters of Hilo Harbor, preamble, the Coast Guard amends 33 Hawaii. The temporary safety zone 13175, Consultation and Coordination CFR part 117 as follows: with Indian Tribal Governments, encompasses all waters extending 100 because it does not have a substantial yards in all directions from position PART 117—DRAWBRIDGE 19°44′41.17″ N; 155°05′24.23″ W. The direct effect on one or more Indian OPERATION REGULATIONS tribes, on the relationship between the safety zone is needed to protect Federal Government and Indian tribes, personnel, vessels and the marine ■ 1. The authority citation for part 117 or on the distribution of power and environment from potential hazards continues to read as follows: responsibilities between the Federal associated with ongoing lightering Government and Indian tribes. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; operations of the vessel MIDWAY DHS Delegation No. 0170.1. ISLAND grounded along the northwest E. Unfunded Mandates Reform Act side of Hilo Harbor, particularly through ■ The Unfunded Mandates Reform Act 2. Amend § 117.829 by adding helicopter to shore hoisting ops and of 1995 (2 U.S.C. 1531–1538) requires paragraph (a)(5) to to read as follows: swimmers in the water. The USCG is overseeing contractor lightering ops to Federal agencies to assess the effects of § 117.829 Northeast Cape Fear River. their discretionary regulatory actions. In mitigate the pollution threat from the particular, the Act addresses actions (a) * * * vessel in this area. Entry of vessels or persons into this zone is prohibited that may result in the expenditure by a (5) From 7 p.m. on February 1, 2020, unless specifically authorized by the State, local, or tribal government, in the through 12:01 a.m. on June 30, 2021, the Captain of the Port (COTP) Honolulu. aggregate, or by the private sector of draw will be maintained in the closed- $100,000,000 (adjusted for inflation) or to-navigation position. The draw will DATES: This rule is effective without more in any one year. Though this rule open on signal, if at least a twenty-four actual notice from 8:45 a.m. until 8 p.m. will not result in such an expenditure, hour notice is given, for scheduled on February 13, 2020. For the purposes of enforcement, actual notice will be we do discuss the effects of this rule openings at 6 a.m., 10 a.m., 2 p.m. and used from February 6, 2020 through elsewhere in this preamble. 7 p.m.; except for bridge closures 8:44 a.m. on February 13, 2020. F. Environment authorized in accordance with (a)(4) of this section. The draw will open on ADDRESSES: To view documents We have analyzed this rule under signal, if at least a twenty-four hour mentioned in this preamble as being Department of Homeland Security notice is given, for vessels unable to available in the docket, go to https:// Management Directive 023–01, U.S. www.regulations.gov, type USCG–2020– transit through the bridge during a Coast Guard Environmental Planning 0113 in the ‘‘SEARCH’’ box and click scheduled opening, due to the vessel’s Policy COMDTINST 5090.1 (series) and ‘‘SEARCH.’’ Click on Open Docket U.S. Coast Guard Environmental draft; except for bridge closures Folder on the line associated with this Planning Implementation Procedures authorized in accordance with (a)(4) of rule. this section. (series) which guide the Coast Guard in FOR FURTHER INFORMATION CONTACT: If complying with the National * * * * * you have questions on this rule, call or Environmental Policy Act of 1969 Dated: February 7, 2020. email Chief Jason R. Olney, Waterways (NEPA) (42 U.S.C. 4321–4370f). We Management Division, U.S. Coast have made a determination that this Gregory G. Stump, Captain, U.S. Coast Guard, Acting Guard; telephone 808–522–8265, email action is one of a category of actions that [email protected]. do not individually or cumulatively Commander, Fifth Coast Guard District. have a significant effect on the human [FR Doc. 2020–02773 Filed 2–12–20; 8:45 am] SUPPLEMENTARY INFORMATION: environment. This rule promulgates the BILLING CODE 9110–04–P I. Table of Abbreviations operating regulations or procedures for CFR Code of Federal Regulations drawbridges. This action is categorically DHS Department of Homeland Security excluded from further review, under FR Federal Register paragraph L49, of Chapter 3, Table 3–1 NPRM Notice of proposed rulemaking of the U.S. Coast Guard Environmental § Section Planning Implementation Procedures. U.S.C. United States Code

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II. Background Information and 155°05′24.23″ W. This zone extends While some owners or operators of Regulatory History from the surface of the water to the vessels intending to transit the safety The Coast Guard is issuing this ocean floor. The zone is intended to zones may be small entities, for the temporary rule without prior notice and protect personnel, vessels, and the reasons stated in section V.A. above, opportunity to comment pursuant to marine environment in these navigable this rule will not have a significant authority under section 4(a) of the waters from potential hazards associated economic impact on any vessel owner Administrative Procedure Act (APA) (5 with the lightering operations of a vessel or operator. U.S.C. 553(b)). This provision aground in this area. No vessel or Under section 213(a) of the Small authorizes an agency to issue a rule person will be permitted to enter the Business Regulatory Enforcement without prior notice and opportunity to safety zone absent the express Fairness Act of 1996 (Pub. L. 104–121), comment when the agency for good authorization of the COTP or his we want to assist small entities in cause finds that those procedures are designated representative. understanding this rule. If the rule ‘‘impracticable, unnecessary, or contrary V. Regulatory Analyses would affect your small business, to the public interest.’’ Under 5 U.S.C. organization, or governmental 553(b)(B), the Coast Guard finds that We developed this rule after jurisdiction and you have questions good cause exists for not publishing a considering numerous statutes and concerning its provisions or options for notice of proposed rulemaking (NPRM) Executive orders related to rulemaking. compliance, please call or email the with respect to this rule because Below we summarize our analyses person listed in the FOR FURTHER immediate action is needed to respond based on a number of these statutes and INFORMATION CONTACT section. to the potential safety hazards Executive orders, and we discuss First Small businesses may send comments associated with this lightering Amendment rights of protestors. on the actions of Federal employees operation, and therefore publishing an A. Regulatory Planning and Review who enforce, or otherwise determine NPRM is impracticable and contrary to compliance with, Federal regulations to public interest. Executive Orders 12866 and 13563 the Small Business and Agriculture Under 5 U.S.C. 553(d)(3), the Coast direct agencies to assess the costs and Regulatory Enforcement Ombudsman Guard finds that good cause exists for benefits of available regulatory and the Regional Small Business making this rule effective less than 30 alternatives and, if regulation is Regulatory Fairness Boards. The days after publication in the Federal necessary, to select regulatory Ombudsman evaluates these actions Register. Delaying the effective date approaches that maximize net benefits. annually and rates each agency’s would be contrary to the rule’s Executive Order 13771 directs agencies responsiveness to small business. If you objectives of responding to potential to control regulatory costs through a wish to comment on actions by safety hazards associated with the budgeting process. This rule has not employees of the Coast Guard, call 1– lightering operations and protecting been designated a ‘‘significant 888–REG–FAIR (1–888–734–3247). The personnel, vessels, and the marine regulatory action,’’ under Executive Coast Guard will not retaliate against environment within the navigable Order 12866. Accordingly, this rule has small entities that question or complain waters of the safety zone. not been reviewed by the Office of about this rule or any policy or action Management and Budget (OMB), and of the Coast Guard. III. Legal Authority and Need for Rule pursuant to OMB guidance it is exempt C. Collection of Information The Coast Guard is issuing this rule from the requirements of Executive under authority in 46 U.S.C. 70034. On Order 13771. This rule will not call for a new February 3, 2020, the Coast Guard was This regulatory action determination collection of information under the informed of a vessel that ran aground is based on the anticipated short Paperwork Reduction Act of 1995 (44 along the northwest side of Hilo Harbor, duration of the lightering operations and U.S.C. 3501–3520). the need to protect personnel, vessels Hawaii. The Coast Guard COTP Sector D. Federalism and Indian Tribal and the marine environment in these Honolulu has determined that potential Governments hazards associated with the lightering navigable waters from potential hazards operations constitute a safety concern associated with the lightering operations A rule has implications for federalism for anyone within the designated safety of the vessel aground in this area. under Executive Order 13132, zone. This rule is necessary to protect Moreover, the Coast Guard will issue a Federalism, if it has a substantial direct personnel, vessels, and the marine broadcast notice to mariners on marine effect on the States, on the relationship environment within the navigable channel 16 about the safety zone. between the National Government and the States, or on the distribution of waters of the safety zone during ongoing B. Impact on Small Entities salvage operations. power and responsibilities among the The Regulatory Flexibility Act of various levels of government. We have IV. Discussion of the Rule 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and This rule establishes a safety zone requires Federal agencies to consider have determined that it is consistent from February 6, 2020 through 8 p.m. the potential impact of regulations on with the fundamental federalism February 13, 2020 or until the lightering small entities during rulemaking. The principles and preemption requirements operations are complete, whichever is term ‘‘small entities’’ comprises small described in Executive Order 13132. earlier. If the safety zone is terminated businesses, not-for-profit organizations Also, this rule does not have tribal prior to 8 p.m. on February 13, 2020, the that are independently owned and implications under Executive Order Coast Guard will provide notice via a operated and are not dominant in their 13175, Consultation and Coordination broadcast notice to mariners. fields, and governmental jurisdictions with Indian Tribal Governments, The temporary safety zone with populations of less than 50,000. because it does not have a substantial encompasses all waters extending 100 The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian yards in all directions around the 605(b) that this rule will not have a tribes, on the relationship between the location of ongoing lightering operations significant economic impact on a Federal Government and Indian tribes, near position: 19°44′41.17″ N; substantial number of small entities. or on the distribution of power and

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responsibilities between the Federal PART 165—REGULATED NAVIGATION (e) Enforcement period. This section Government and Indian tribes. AREAS AND LIMITED ACCESS AREAS will be enforced from February 6, 2020, through 8 p.m. on February 13, 2020. If E. Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 the safety zone is terminated prior to 8 The Unfunded Mandates Reform Act continues to read as follows: p.m. on February 13, 2020, the Coast of 1995 (2 U.S.C. 1531–1538) requires Authority: 46 U.S.C. 70034, 70051; 33 CFR Guard will provide notice via a Federal agencies to assess the effects of 1.05–1, 6.04–1, 6.04–6, and 160.5; broadcast notice to mariners. their discretionary regulatory actions. In Department of Homeland Security Delegation Dated: February 6, 2020. No. 0170.1. particular, the Act addresses actions A.B. Avanni, that may result in the expenditure by a ■ 2. Add § 165.T14–0113 to read as Captain, U.S. Coast Guard, Captain of the State, local, or tribal government, in the follows: Port Honolulu. aggregate, or by the private sector of § 165.T14–0113 Safety Zone; Pacific [FR Doc. 2020–02760 Filed 2–12–20; 8:45 am] $100,000,000 (adjusted for inflation) or Ocean, Hilo Harbor, HI—Lightering BILLING CODE 9110–04–P more in any one year. Though this rule Operations. will not result in such an expenditure, (a) Location. The safety zone is we do discuss the effects of this rule DEPARTMENT OF HOMELAND located within the Captain of the Port SECURITY elsewhere in this preamble. (COTP) Zone (see 33 CFR 3.70–10) and F. Environment will encompass all navigable waters Coast Guard extending 100 yards in all directions We have analyzed this rule under from position: 19°44′41.17″ N; 33 CFR Part 165 Department of Homeland Security 155°05′24.23″ W. This zone extends Directive 023–01, Rev. 1, associated from the surface of the water to the [Docket Number USCG–2019–0933] implementing instructions, and ocean floor. RIN 1625–AA87 Environmental Planning COMDTINST (b) Regulations. The general 5090.1 (series), which guide the Coast regulations governing safety zones Security Zone; Cooper River; Guard in complying with the National contained in § 165.23 apply to the safety Charleston, SC zone created by this section. Environmental Policy Act of 1969 (42 AGENCY: Coast Guard, DHS. U.S.C. 4321–4370f), and have (1) All persons are required to comply ACTION: Temporary final rule. determined that this action is one of a with the general regulations governing category of actions that do not safety zones found in this part. SUMMARY: The Coast Guard is individually or cumulatively have a (2) Entry into or remaining in this establishing a temporary security zone significant effect on the human zone is prohibited unless expressly on certain navigable waters of the environment. This rule involves a safety authorized by the COTP or his Cooper River within a 500-yard radius zone lasting 7 days that will prohibit designated representative. of the South Carolina State Port entry into the area during lightering (3) Persons desiring to transit the Authority Cruise Ship Terminal in efforts. It is categorically excluded from safety zone identified in paragraph (a) of Charleston, SC during a visit by the further review under paragraph L60(d) this section may contact the COTP at the Commandant of the United States Coast of Appendix A, Table 1 of DHS Command Center telephone number Guard. This action is necessary to Instruction Manual 023–01–001–01, (808) 842–2600 and (808) 842–2601, fax protect personnel from potential (808) 842–2642 or on VHF channel 16 Rev. 01. A Record of Environmental hazards and security risk associated (156.8 Mhz) to seek permission to Consideration supporting this with the Commandant’s speaking transit the zone. If permission is determination is available in the docket. engagement. This regulation prohibits granted, all persons and vessels must For instructions on locating the docket, persons and vessels from entering, comply with the instructions of the transiting through, anchoring in, or see the ADDRESSES section of this COTP or his designated representative preamble. remaining within the security zone and proceed at the minimum speed unless authorized by the Captain of the G. Protest Activities necessary to maintain a safe course Port Charleston (COTP) or a designated while in the zone. representative. The Coast Guard respects the First (4) The U.S. Coast Guard may be DATES: This rule is effective from 10:30 Amendment rights of protesters. assisted in the patrol and enforcement a.m. to 3:30 p.m. on February 20, 2020. Protesters are asked to call or email the of the safety zone by Federal, State, and person listed in the FOR FURTHER local agencies. ADDRESSES: To view documents INFORMATION CONTACT section to (c) Notice of enforcement. The COTP mentioned in this preamble as being coordinate protest activities so that your Honolulu will cause Notice of the available in the docket, go to https:// message can be received without Enforcement of the safety zone www.regulations.gov, type USCG–2019– jeopardizing the safety or security of described in this section to be made by 0933 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket people, places or vessels. broadcast to the maritime community via marine safety broadcast notice to Folder on the line associated with this List of Subjects in 33 CFR Part 165 mariners on VHF channel 16 (156.8 rule. MHz). FOR FURTHER INFORMATION CONTACT: If Harbors, Marine safety, Navigation you have questions about this (water), Reporting and recordkeeping (d) Definitions. As used in this section, designated representative rulemaking, call or email Lieutenant requirements, Security measures, Chad Ray, Sector Charleston Office of Waterways. means any Coast Guard commissioned, warrant, or petty officer who has been Waterways Management, Coast Guard; For the reasons discussed in the authorized by the COTP to assist in telephone (843) 740–3184, email preamble, the Coast Guard amends 33 enforcing the safety zone described in [email protected]. CFR part 165 as follows: paragraph (a) of this section. SUPPLEMENTARY INFORMATION:

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I. Table of Abbreviations Under 5 U.S.C. 553(d)(3), the Coast representative. The COTP will provide CFR Code of Federal Regulations Guard finds that good cause exists for notice of the security zone by Local DHS Department of Homeland Security making this rule effective less than 30 Notice to Mariners, Broadcast Notice to FR Federal Register days after publication in the Federal Mariners, and on-scene designated NPRM Notice of proposed rulemaking Register. Delaying the effective date of representatives. The regulatory text § Section this rule would be impracticable and appears at the end of this document. U.S.C. United States Code contrary to public interest because V. Regulatory Analyses II. Background Information and immediate action is needed based on We developed this rule after Regulatory History numerous agencies previously agreeing on the date of February 20, 2020 and considering numerous statutes and On November 18, 2019, Sector logistical steps have be taken to Executive orders related to rulemaking. Charleston personnel were notified that facilitiate the event taking place on this Below we summarize our analyses the Commandant of the U.S. Coast date. The security zone is necessary to based on a number of these statutes and Guard will give the State of the Coast ensure the safety of the event Executive orders, and we discuss First Guard Address at the South Carolina participants, as well as spectators. Amendment rights of protestors. State Port Authority Cruise Ship Terminal on the Cooper River in III. Legal Authority and Need for Rule A. Regulatory Planning and Review Charleston, SC. In response, on January The Coast Guard is issuing this rule Executive Orders 12866 and 13563 6, 2020, the Coast Guard published a under authority in 46 U.S.C. 70034 direct agencies to assess the costs and notice of proposed rulemaking (NPRM) (previously 33 U.S.C. 1231). The benefits of available regulatory titled ‘‘Security Zone; Cooper River; Captain of the Port Charleston (COTP) alternatives and, if regulation is Charleston, SC’’ (85 FR 271, Docket has determined that there are potential necessary, to select regulatory Number USCG–2019–0933). There we security risks associated with the approaches that maximize net benefits. stated why we issued the NPRM, and Commandant’s speaking engagement. Executive Order 13771 directs agencies invited comments on our proposed The purpose of this rule is to ensure to control regulatory costs through a regulatory action related to this security safety and security of vessels and the budgeting process. This rule has not zone. During the comment period that navigable waters in the safety zone been designated a ‘‘significant ended January 21, 2020, we received no before, during, and after the scheduled regulatory action,’’ under Executive comments. However, after the coment event. Order 12866. Accordingly, this rule has period ended, Sector Charleston was not been reviewed by the Office of notified that additional dignitaries IV. Discussion of Comments, Changes, Management and Budget (OMB), and and the Rule would be present before, during and pursuant to OMB guidance it is exempt after the State of the Coast Guard As noted above, we received no from the requirements of Executive Address. This will require the duration comments on our NPRM published on Order 13771. of the security zone to be expanded by January 6, 2020. However, there is one This regulatory action determination 3 hours. Therefore, the Coast Guard is change in the regulatory text of this rule is based on: (1) Persons and vessels may issuing this temporary rule for this from the proposed rule in the NPRM to enter, transit through, anchor in, or security zone that expands the security account for the additional time needed remain within the regulated area during zone by 3 hours contained in the NPRM to secure the area during the presence the enforcement periods if authorized without prior notice and opportunity to of dignitaries that will be in attendance by Sector Charleston COTP or a comment pursuant to authority under before, during and after the State of the designated representative; (2) vessels section 4(a) of the Administrative Coast Guard. not able to enter, transit through, anchor Procedure Act (APA) (5 U.S.C. 553(b)). This rule establishes a security zone in, or remain within the regulated area This provision authorizes an agency to from 10:30 a.m. to 3:30 p.m. on without authorization from Sector issue a rule without prior notice and February 20, 2020. The security zone Charleston COTP or a designated opportunity to comment when the will cover all navigable waters within a representative may operate in the agency for good cause finds that those 500-yard radius of the South Carolina surrounding areas during the procedures are ‘‘impracticable, State Port Authority Cruise Ship enforcement period; (3) the Coast Guard unnecessary, or contrary to the public Terminal in Charleston, SC. The will provide advance notification of the interest.’’ Under 5 U.S.C. 553(b)(B), the duration of the zone is intended to safety zone to the local maritime Coast Guard finds that good cause exists ensure the security of persons, vessels, community by Local Notice to Mariners for not publishing a NPRM with respect and these navigable waters before, and Broadcast Notice to Mariners; and to this rule that expands the time of the during, and after the scheduled address. (4) the regulated area will be limited in proposed original security zone by 3 No vessels or person would be time, scope, and only impact small hours because it would be impractical to permitted to enter the security zone designated areas of the Cooper River. publish an NPRM for this change without obtaining permission from the because we must establish this security COTP or a designated representative. B. Impact on Small Entities zone by Febuary 20 and lack sufficient Persons and vessels desiring to enter, The Regulatory Flexibility Act of time to provide a reasonable comment transit through, anchor in, or remain 1980, 5 U.S.C. 601–612, as amended, period and then consider those within the regulated area may contact requires Federal agencies to consider comments before issuing the rule. The the COTP by telephone at (843) 740– the potential impact of regulations on security zone will impact waters of the 7050, or a designated representative via small entities during rulemaking. The Cooper River in Charleston, SC. The VHF radio on channel 16, to request term ‘‘small entities’’ comprises small Captain of the Port Charleston (COTP) authorization. If authorization to enter, businesses, not-for-profit organizations has determined that potential hazards transit through, anchor in, or remain that are independently owned and associated with the event would be a within the regulated area is granted, all operated and are not dominant in their security concern for participants, persons and vessels receiving such fields, and governmental jurisdictions spectators, and others on the navigable authorization must comply with the with populations of less than 50,000. waters around the event. instructions of the COTP or a designated The Coast Guard received no comments

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from the Small Business Administration because it does not have a substantial List of Subjects in 33 CFR Part 165 on this rulemaking. The Coast Guard direct effect on one or more Indian certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the Harbors, Marine safety, Navigation rule will not have a significant Federal Government and Indian tribes, (water), Reporting and recordkeeping economic impact on a substantial or on the distribution of power and requirements, Security measures, number of small entities. responsibilities between the Federal Waterways. While some owners or operators of Government and Indian tribes. If you For the reasons discussed in the vessels intending to transit the safety believe this rule has implication for preamble, the Coast Guard amends 33 zone may be small entities, for the federalism or Indian tribes, please call CFR part 165 as follows: reasons stated in section V.A above, this or email the person listed in the FOR rule will not have a significant FURTHER INFORMATION CONTACT section. PART 165—REGULATED NAVIGATION economic impact on any vessel owner E. Unfunded Mandates Reform Act AREAS AND LIMITED ACCESS AREAS or operator. Under section 213(a) of the Small The Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows: Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of we want to assist small entities in their discretionary regulatory actions. In Authority: 46 U.S.C. 70034, 70051; 33 CFR particular, the Act addresses actions 1.05–1, 6.04–1, 6.04–6, 160.5; and understanding this rule. If the rule Department of Homeland Security Delegation would affect your small business, that may result in the expenditure by a No. 0170.1. organization, or governmental State, local, or tribal government, in the jurisdiction and you have questions aggregate, or by the private sector of ■ 2. Add § 165.T07–0933 to read as concerning its provisions or options for $100,000,000 (adjusted for inflation) or follows: compliance, please call or email the more in any one year. Though this rule § 165.T07–0933 Security Zone; Cooper person listed in the FOR FURTHER will not result in such an expenditure, River, Charleston, SC. INFORMATION CONTACT section. we do discuss the effects of this rule Small businesses may send comments elsewhere in this preamble. (a) Location. All waters of the Cooper on the actions of Federal employees F. Environment River within a 500-yard radius the who enforce, or otherwise determine South Carolina State Port Authority compliance with, Federal regulations to We have analyzed this rule under Cruise Ship Terminal in Charleston, SC. the Small Business and Agriculture Department of Homeland Security Directive 023–01, Rev. 1, associated (b) Definition. The term ‘‘designated Regulatory Enforcement Ombudsman representative’’ means Coast Guard and the Regional Small Business implementing instructions, and Environmental Planning COMDTINST Patrol Commanders, including Coast Regulatory Fairness Boards. The Guard coxswains, petty officers, and Ombudsman evaluates these actions 5090.1 (series), which guide the Coast Guard in complying with the National other officers operating Coast Guard annually and rates each agency’s vessels, and Federal, state, and local responsiveness to small business. If you Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have officers designated by or assisting the wish to comment on actions by Captain of the Port (COTP) Charleston employees of the Coast Guard, call 1– determined that this action is one of a category of actions that do not in the enforcement of the regulated 888–REG–FAIR (1–888–734–3247). The areas. Coast Guard will not retaliate against individually or cumulatively have a small entities that question or complain significant effect on the human (c) Regulations. (1) All persons and about this rule or any policy or action environment. This rule involves a five vessels are prohibited from entering, of the Coast Guard. hour security zone that will prohibit transiting through, anchoring in, or persons and vessels from entering, remaining within the regulated area C. Collection of Information transiting through, anchoring in, or unless authorized by the COTP This rule will not call for a new remaining within a limited area on the Charleston or a designated collection of information under the Cooper River during the State of the representative. Paperwork Reduction Act of 1995 (44 Coast Guard Address by Commandant of (2) Persons and vessels desiring to U.S.C. 3501–3520). the U.S. Coast Guard. It is categorically enter, transit through, anchor in, or excluded from further review under remain within the regulated area may D. Federalism and Indian Tribal paragraph L60(a) of Appendix A, Table Governments contact the COTP Charleston by 1 of DHS Instruction Manual 023–01– telephone at 843–740–7050, or a A rule has implications for federalism 001–01, Rev. 1. A Record of designated representative via VHF radio under Executive Order 13132, Environmental Consideration on channel 16, to request authorization. Federalism, if it has a substantial direct supporting this determination is If authorization is granted, all persons effect on the States, on the relationship available in the docket. For instructions and vessels receiving such authorization between the National Government and on locating the docket, see the must comply with the instructions of the States, or on the distribution of ADDRESSES section of this preamble. the COTP Charleston or a designated power and responsibilities among the representative. various levels of government. We have G. Protest Activities analyzed this rule under that order and The Coast Guard respects the First (3) The Coast Guard will provide have determined that it is consistent Amendment rights of protesters. notice of the regulated area by Marine with the fundamental federalism Protesters are asked to call or email the Safety Information Bulletins, Local principles and preemption requirements person listed in the FOR FURTHER Notice to Mariners, Broadcast Notice to described in Executive Order 13132. INFORMATION CONTACT section to Mariners, and on-scene designated Also, this rule does not have tribal coordinate protest activities so that your representatives. implications under Executive Order message can be received without (d) Enforcement period. This section 13175, Consultation and Coordination jeopardizing the safety or security of will be enforced from 10:30 a.m. to 3:30 with Indian Tribal Governments, people, places or vessels. p.m. on February 20, 2020.

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Dated: February 5, 2020. Eligible lands for sale, exchange, or Regulatory Certifications J.W. Reed, interchange included National Forest Executive Order 12866 Captain, U.S. Coast Guard, Captain of the System lands encumbered by an Port Charleston. encroachment like a shed, house, or Executive Order (E.O.) 12866 provides [FR Doc. 2020–02658 Filed 2–12–20; 8:45 am] fence; roads or road rights-of-way in that the Office of Information and BILLING CODE 9110–04–P excess of Forest Service transportation Regulatory Affairs (OIRA) will review needs; and ‘‘mineral survey fractions,’’ all significant rules. OIRA has small parcels of National Forest System determined that this final rule is not DEPARTMENT OF AGRICULTURE lands interspersed with or adjacent to significant. lands transferred out of Federal Executive Order 13771 Forest Service ownership under the mining laws. Discussion of Amendments to the Small The final rule has been reviewed in 36 CFR Part 254 Tracts Act accordance with E.O. 13771 on reducing RIN 0596–AD40 regulation and controlling regulatory The Small Tracts Act was amended by costs, and is considered an E.O. Conveyance of Small Tracts Section 8621 of the Agriculture deregulatory action. Improvement Act of 2018, also known AGENCY: Forest Service, USDA. as the 2018 Farm Bill (Pub. L. 115–334). Congressional Review Act ACTION: Final rule. The provisions included in this final Pursuant to the Congressional Review rule implement statutory provisions of Act (5 U.S.C. 801 et seq.), OIRA SUMMARY: The United States Department the 2018 Farm Bill that are entirely non- designated this rule as not a major rule, of Agriculture (USDA), Forest Service is discretionary. as defined by 5 U.S.C. 804(2). revising regulations to implement The 2018 Farm Bill increases the certain changes to the Small Tracts Act, value limit of eligible parcels from Regulatory Flexibility Act Analysis enacted in the Agriculture Improvement $150,000 to $500,000. This modernizes The Agency has considered the final Act of 2018, also known as the 2018 the land value limit, allowing the Forest rule under the requirements of the Farm Bill. These statutory changes raise Service to continue conveying eligible Regulatory Flexibility Act (5 U.S.C. 602 the value limit of tracts to be conveyed parcels consistent with the intent of the et seq.). This final rule would not have outside of the National Forest System original Act. This final rule implements any direct effect on small entities as under the Small Tracts Act from this increase by revising paragraph (c) of defined by the Regulatory Flexibility $150,000 to $500,000, and create a new 36 CFR 254.35. Act. The final rule would not impose conveyance category for parcels used as The 2018 Farm Bill also adds a new recordkeeping requirements on small landfills, sewage treatment plants, or category for parcels used as cemeteries, entities; would not affect their cemeteries under a Forest Service landfills, or sewage treatment plants competitive position in relation to large special use or other authorization. The authorized under a special use entities; and would not affect their cash changes also direct funds received from authorization or other authorization by flow, liquidity, or ability to remain in the conveyance of certain eligible lands the Secretary. This allows adjacent the market. Therefore, the Forest Service to the Sisk Act fund available to the communities to have full control over has determined that this final rule Secretary of Agriculture. These these facilities presently located and would not have a significant economic amendments to the Small Tracts Act are permitted on Forest Service land. impact on a substantial number of small expected to provide the Forest Service Currently, communities may only entities pursuant to the Regulatory with more flexibility for resolving address this situation through special Flexibility Act. property conflicts with private legislation or a land exchange, which landowners and alleviate management can be lengthy and difficult processes. Federalism burden and expense to the Forest This final rule implements this The Agency has considered this final Service. provision by adding a new paragraph (c) rule under the requirements of E.O. DATES: This final rule is effective to 36 CFR 254.32. 13132, Federalism. The Agency has February 13, 2020. The 2018 Farm Bill amendments concluded that the final rule conforms FOR FURTHER INFORMATION CONTACT: Brad provide that funds received from the with the federalism principles set out in Tait, by phone at 971–806–2199, or via conveyance of certain eligible lands this E.O.; would not impose any email at [email protected]. shall be deposited into the Sisk Act compliance costs on the States; and Individuals who use telecommunication fund (16 U.S.C. 484a) available to the would not have substantial direct effects devices for the deaf (TDD) may call the Secretary of Agriculture. The Secretary on the States, on the relationship Federal Information Relay Service may use such funds to acquire land or between the Federal Government and (FIRS) at 1–800–877–8339 between 8:00 interests in land for the National Forest the States, nor on the distribution of a.m. and 8:00 p.m., Eastern Standard System in the State from which the power and responsibilities among the Time, Monday through Friday. amounts were derived, including, but various levels of government. Therefore, SUPPLEMENTARY INFORMATION: not limited to, land for administrative the Agency concludes that this final rule sites and recreational access. This final does not have federalism implications. Background rule implements this provision by Consultation With Tribal Governments Public Law 97–465, commonly known adding a new 36 CFR 254.38. as the Small Tracts Act (16 U.S.C. 521c– Finally, this final rule revises 36 CFR Tribal consultation is not required for 521i), was enacted in 1983 to help the 254.36(a) to refer to ‘‘[a]ll pertinent the revisions to the Small Tracts Act Forest Service resolve land disputes and requirements of this subpart’’ rather regulations effected in this final rule. boundary management problems for than to requirements of individual The changes are not subject to parcels that generally were small in subsections of this subpart, which have interpretation or further definition. scale (less than ten acres) with land been changed by the above revisions Local notification requirements to values that did not exceed $150,000. made by this final rule. Tribes and other individuals for land

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adjustment activities will occur as this final rule; and (2) the USDA will determination of public interest is required. not require the use of administrative made. proceedings before parties could file No Takings Implications * * * * * suit in court challenging its provisions. The Agency has analyzed this final ■ 5. Add § 254.38 to read as follows: Unfunded Mandates rule in accordance with the principles § 254.38 Disposition of proceeds. and criteria found in E.O. 12630, Pursuant to Title II of the Unfunded Governmental Actions and Interference (a) The net proceeds derived from any Mandates Reform Act of 1995 (2 U.S.C. sale or exchange in § 254.32(c) shall be with Constitutionally Protected Property 1531–1538), the Agency has assessed Rights, and has determined that the rule deposited in the fund commonly known the effects of this final rule on State, as the ‘‘Sisk Act’’ account. does not pose the risk of a taking of local, and Tribal governments and the protected private property. (b) Amounts deposited shall be private sector. This final rule does not available until expended for: Controlling Paperwork Burdens on the compel the expenditure of $100 million (1) Acquisition of land or interests in Public or more by any State, local, or Tribal land for administrative sites for the governments, or anyone in the private National Forest System in the State from This final rule does not contain any sector. Therefore, statements as recordkeeping or reporting requirements which the amounts were derived; or described under sections 202 and 205 of (2) Acquisition of land or interests in or other information collection the Act are not required. requirements as defined in 5 CFR part land for inclusion in the National Forest 1320 that are not already required by List of Subjects in 36 CFR Part 254 System in that State, including land or law, or are not already approved for use, interests in land that enhance Community facilities, National opportunities for recreational access. and therefore imposes no additional forests. paperwork burden on the public. Dated: January 29, 2020. Accordingly, the review provisions of Therefore, for the reasons set forth in the preamble, the Forest Service amends James E. Hubbard, the Paperwork Reduction Act of 1995 Undersecretary, Natural Resources and (44 U.S.C. 3501–3521), and its part 254 of title 36 of the Code of Federal Regulations as follows: Environment. implementing regulations at 5 CFR part [FR Doc. 2020–02299 Filed 2–12–20; 8:45 am] 1320, do not apply. PART 254—LANDOWNERSHIP BILLING CODE P National Environmental Policy Act ADJUSTMENT Agency regulations at 36 CFR Subpart C—Conveyance of Small ENVIRONMENTAL PROTECTION 220.6(d)(2) (73 FR 43093) exclude from Tracts documentation in an environmental AGENCY assessment or impact statement ‘‘rules, ■ 1. The authority citation for part 254, 40 CFR Part 52 regulations, or policies to establish subpart C, continues to read: Service-wide administrative procedures, [EPA–R09–OAR–2019–0431; FRL–10004– Authority: Pub. L. 97–465; 96 Stat. 2535. program processes, or instructions.’’ The 30–Region 9] Agency has concluded that the revisions ■ 2. Amend § 254.32 by revising the to regulations effected in this final rule section heading, and adding paragraph Approval and Conditional Approval of fall within this category of actions and (c) to read as follows: California Air Plan Revision, Imperial that no extraordinary circumstances County Air Pollution Control District, exist which would require preparation § 254.32 Encroachments and other Reasonably Available Control improvements. of an environment assessment or Technology * * * * * environmental impact statement. AGENCY: (c) This subpart also allows Environmental Protection Energy Effects conveyance of parcels that are used as Agency (EPA). This final rule has been reviewed a cemetery (including a parcel of not ACTION: Final rule. under E.O. 13211, ‘‘Actions Concerning more than one acre adjacent to the SUMMARY: The Environmental Protection parcel used as a cemetery), a landfill, or Regulations That Significantly Affect Agency (EPA) is taking final action to a sewage treatment plant under a special Energy Supply, Distribution, or Use.’’ It approve in part and conditionally use authorization issued or otherwise has been determined that this final rule approve in part revisions to the Imperial authorized by a Forest Service official. does not constitute a significant energy County Air Pollution Control District action as defined in E.O. 13211. ■ 3. Amend § 254.35 by revising (ICAPCD or ‘‘District’’) portion of the Civil Justice Reform paragraph (c) to read as follows: California State Implementation Plan (SIP). These revisions concern the The Agency has analyzed this rule in § 254.35 Limitations. ICAPCD’s Reasonably Available Control accordance with the principles and * * * * * criteria of Executive Order 12988, Civil Technology (RACT) requirements for (c) The value of Federal lands the 2008 8-hour ozone National Justice Reform. The Agency has not conveyed in any transaction, pursuant identified any State or local laws or Ambient Air Quality Standard (NAAQS) to this subpart, shall not exceed and negative declarations for several regulations that conflict with this $500,000. regulation or that would impede full source categories. We are approving the implementation of this rule. * * * * * local SIP revisions to demonstrate that RACT is implemented as required under Nevertheless, in the event that such ■ 4. Amend § 254.36 by revising the Clean Air Act (CAA or ‘‘the Act’’). conflicts were to be identified, the final paragraph (a) to read as follows: rule, if implemented, will preempt the DATES: These rules are effective on State or local laws or regulations found § 254.36 Determining public interest. March 16, 2020. to be in conflict. However, in that case, (a) All pertinent requirements of this ADDRESSES: The EPA has established a (1) no retroactive effect will be given to subpart must be met before a docket for this action under Docket ID

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No. EPA–R09–OAR–2019–0431. All Truck Gasoline Loading Terminals • Does not impose an information documents in the docket are listed on (EPA–450/2–77–026). Our proposed collection burden under the provisions the http://www.regulations.gov website. action contains more information on the of the Paperwork Reduction Act (44 Although listed in the index, some submitted documents and our U.S.C. 3501 et seq.); information is not publicly available, evaluation. • Is certified as not having a e.g., Confidential Business Information significant economic impact on a (CBI) or other information whose II. Public Comments and EPA substantial number of small entities disclosure is restricted by statute. Responses under the Regulatory Flexibility Act (5 Certain other material, such as The EPA’s proposed action provided U.S.C. 601 et seq.); • copyrighted material, is not placed on a 30-day public comment period. During Does not contain any unfunded the internet and will be publicly this period, we received no comments. mandate or significantly or uniquely available only in hard copy form. affect small governments, as described Publicly available docket materials are III. EPA Action in the Unfunded Mandates Reform Act available through http:// No comments were submitted, and of 1995 (Pub. L. 104–4); • www.regulations.gov, or please contact there is no change to our assessment of Does not have Federalism the person identified in the FOR FURTHER the SIP submittals as described in our implications as specified in Executive INFORMATION CONTACT section for proposed action. Therefore, as Order 13132 (64 FR 43255, August 10, additional availability information. 1999); authorized in section 110(k)(3) and • FOR FURTHER INFORMATION CONTACT: (k)(4) of the Act, the EPA is Is not an economically significant Eugene Chen, EPA Region IX, (415) conditionally approving the ICAPCD’s regulatory action based on health or 947–4304, [email protected]. 2017 RACT SIP with respect to Rule safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); SUPPLEMENTARY INFORMATION: 415, Transfer and Storage of Gasoline, • Is not a significant regulatory action and approving the remainder of Throughout this document, ‘‘we,’’ ‘‘us’’ subject to Executive Order 13211 (66 FR ICAPCD’s 2017 RACT SIP. In addition, and ‘‘our’’ refer to the EPA. 28355, May 22, 2001); the EPA is fully approving the ICAPCD’s • Is not subject to requirements of Table of Contents negative declarations for the 2017 RACT Section 12(d) of the National I. Proposed Action SIP. II. Public Comments and EPA Responses Technology Transfer and Advancement The EPA is also making a non- Act of 1995 (15 U.S.C. 272 note) because III. EPA Action substantive change to 40 CFR IV. Statutory and Executive Order Reviews application of those requirements would 52.222(a)(12), combining existing be inconsistent with the Clean Air Act; I. Proposed Action paragraphs 52.222(a)(12)(i) and and On September 19, 2019 (84 FR 49202), 52.222(a)(12)(ii) by moving the text of • Does not provide the EPA with the the EPA proposed to approve and paragraph 52.222(a)(12)(ii), ‘‘Submitted discretionary authority to address, as conditionally approve the ICAPCD’s on December 21, 2010 and adopted on appropriate, disproportionate human ‘‘Reasonably Availability Control July 13, 2010,’’ to precede the CTG table health or environmental effects, using Technology Analysis for the 2017 in paragraph 52.222(a)(12)(i). The practicable and legally permissible Imperial County State Implementation negative declarations that are being methods, under Executive Order 12898 Plan for the 2008 8-hr Ozone Standard’’ added in this rulemaking action are (59 FR 7629, February 16, 1994). (2017 RACT SIP), which was submitted being placed in paragraph In addition, the SIP is not approved to the EPA by the California Air 52.222(a)(12)(ii). to apply on any Indian reservation land Resources Board (CARB) on November IV. Statutory and Executive Order or in any other area where the EPA or 14, 2017, for approval as a revision to Reviews an Indian tribe has demonstrated that a the California SIP. The 2017 RACT SIP tribe has jurisdiction. In those areas of also included ICAPCD’s Minute Order Under the Clean Air Act, the Indian country, the rule does not have No. 20, which adopted the 2017 RACT Administrator is required to approve a tribal implications and will not impose SIP and negative declarations for the SIP submission that complies with the substantial direct costs on tribal 2017 RACT SIP. provisions of the Act and applicable governments or preempt tribal law as Specifically, the EPA proposed to Federal regulations. 42 U.S.C. 7410(k); specified by Executive Order 13175 (65 conditionally approve the ICAPCD’s 40 CFR 52.02(a). Thus, in reviewing SIP FR 67249, November 9, 2000). 2017 RACT SIP with respect to Rule submissions, the EPA’s role is to The Congressional Review Act, 5 415, Transfer and Storage of Gasoline, approve state choices, provided that U.S.C. 801 et seq., as added by the Small and to approve the remainder of the they meet the criteria of the Clean Air Business Regulatory Enforcement 2017 RACT SIP. The EPA proposed to Act. Accordingly, this action merely Fairness Act of 1996, generally provides fully approve the ICAPCD’s negative approves state law as meeting Federal that before a rule may take effect, the declarations for the 2017 RACT SIP. requirements and does not impose agency promulgating the rule must We proposed to approve and additional requirements beyond those submit a rule report, which includes a conditionally approve the 2017 RACT imposed by state law. For that reason, copy of the rule, to each House of the SIP and negative declarations because this action: Congress and to the Comptroller General we determined that with the exception • Is not a significant regulatory action of the United States. The EPA will of the deficiency identified in Rule 415, subject to review by the Office of submit a report containing this action they complied with the relevant CAA Management and Budget under and other required information to the requirements, and the District and Executive Orders 12866 (58 FR 51735, U.S. Senate, the U.S. House of CARB made commitments to revise Rule October 4, 1993) and 13563 (76 FR 3821, Representatives, and the Comptroller 415 that were sufficient to allow for a January 21, 2011); General of the United States prior to conditional approval with respect to • Is not an Executive Order 13771 (82 publication of the rule in the Federal sources covered by the Control FR 9339, February 2, 2017) regulatory Register. A major rule cannot take effect Techniques Guidelines source category action because SIP approvals are until 60 days after it is published in the Control of Hydrocarbons from Tank exempted under Executive Order 12866; Federal Register. This action is not a

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‘‘major rule’’ as defined by 5 U.S.C. Dated: December 30, 2019. (A) Imperial County Air Pollution 804(2). Deborah Jordan, Control District. Under section 307(b)(1) of the Clean Acting Regional Administrator, Region IX. (1) Imperial County 2017 State Air Act, petitions for judicial review of Part 52, chapter I, title 40 of the Code Implementation Plan for the 2008 8- this action must be filed in the United of Federal Regulations is amended as Hour Ozone Standard, adopted States Court of Appeals for the follows: September 12, 2017, Chapter 7 appropriate circuit by April 13, 2020. (‘‘Reasonably Available Control Filing a petition for reconsideration by PART 52—APPROVAL AND Technology Assessment’’). the Administrator of this final rule does PROMULGATION OF (2) Imperial County 2017 State not affect the finality of this action for IMPLEMENTATION PLANS Implementation Plan for the 2008 8- Hour Ozone Standard, adopted the purposes of judicial review nor does ■ 1. The authority citation for part 52 September 12, 2017, Appendix B it extend the time within which a continues to read as follows: petition for judicial review may be filed, (‘‘Reasonably Available Control and shall not postpone the effectiveness Authority: 42 U.S.C. 7401 et seq. Technology Analysis for the 2017 Imperial County State Implementation of such rule or action. This action may Subpart F—California not be challenged later in proceedings to Plan for the 2008 8-Hour Ozone enforce its requirements. (See section ■ 2. Section 52.220 is amended by Standard’’). 307(b)(2).) adding paragraph (c)(530) to read as (B) [Reserved] follows: * * * * * List of Subjects in 40 CFR Part 52 ■ § 52.220 Identification of plan—in part. 3. Section 52.222 is amended by Environmental protection, Air revising paragraph (a)(12) to read as * * * * * follows: pollution control, Incorporation by (c) * * * reference, Intergovernmental relations, (530) The following plan was (a) * * * Nitrogen dioxide, Ozone, Particulate submitted on November 14, 2017 by the (12) Imperial County Air Pollution matter, Reporting and recordkeeping Governor’s designee. Control District. requirements, Volatile organic (i) [Reserved] (i) Submitted on December 21, 2010 compounds. (ii) Additional Materials. and adopted on July 13, 2010.

CTG document No. Title

Aerospace ...... EPA–453/R–97–004, Aerospace CTG and MACT. Automobile and Light-duty Trucks, EPA–450/2–77–008, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of. Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. EPA–453/R–08–006, Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coat- ings. Cans and Coils, Surface Coating of EPA–450/2–77–008, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. Fiberglass Boat Manufacturing ...... EPA–453/R–08–004, Controls Techniques Guidelines for Fiberglass Boat Manufacturing. Flat Wood Paneling, Surface Coat- EPA–450/2–78–032, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: ing of. Factory Surface Coating of Flat Wood Paneling. EPA–453/R–06–004, Control Techniques Guidelines for Flat Wood Paneling Coatings. Flexible Packing Printing ...... EPA–453/R–06–003, Control Techniques Guidelines for Flexible Package Printing. Graphic Arts—Rotogravure and EPA–450/2–78–033, Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III: Flexography. Graphic Arts—Rotogravure and Flexography. Large Appliances, Surface Coating EPA–450/2–77–034, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: of. Surface Coating of Large Appliances. EPA–453/R–07–004, Control Techniques Guidelines for Large Appliance Coatings. Large Petroleum Dry Cleaners ...... EPA–450/3–82–009, Control of Volatile Organic Compound Emissions from Large Petroleum Dry Clean- ers. Offset Lithographic Printing and EPA–453/R–06–002, Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Print- Letterpress Printing. ing. Magnet Wire, Surface Coating for EPA–450/2–77–033, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Insulation of. Surface Coating of Insulation of Magnet Wire. Metal Furniture Coatings ...... EPA–450/2–77–032, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of Metal Furniture. EPA–453/R–07–005, Control Techniques Guidelines for Metal Furniture Coatings. Miscellaneous Metal and Plastic EPA–453/R–08–003, Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings. Parts Coatings. Miscellaneous Metal Parts and EPA–450/2–78–015, Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Products, Surface Coating of. Surface Coating of Miscellaneous Metal Parts and Products. Miscellaneous Industrial Adhesives EPA–453/R–08–005, Control Techniques Guidelines for Miscellaneous Industrial Adhesives. Natural Gas/Gasoline Processing EPA–450/2–83–007, Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Plants Equipment Leaks. Processing Plants. Paper, Film and Foil Coatings ...... EPA–453R–07–003, Control Techniques Guidelines for Paper, Film and Foil Coatings. Petroleum Refineries ...... EPA–450/2–77–025, Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Proc- ess Unit Turnarounds. EPA–450/2–78–036, Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment. Pharmaceutical Products ...... EPA–450/2–78–029, Control of Volatile Organic Emissions from Manufacture of Synthesized Pharma- ceutical Products. Pneumatic Rubber Tires, Manufac- EPA–450/2–78–030, Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. ture of.

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CTG document No. Title

Polyester Resin ...... EPA–450/3–83–008, Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. EPA–450/3–83–006, Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Poly- mer and Resin Manufacturing Equipment. Shipbuilding/Repair ...... EPA–453/R–94–032, Shipbuilding/Repair. Synthetic Organic Chemical ...... EPA–450/3–84–015, Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. EPA–450/4–91–031, Control of Volatile Organic Compound Emissions from Reactor Processes and Dis- tillation Operations in Synthetic Organic Chemical Manufacturing Industry. Wood Furniture ...... EPA–453/R–96–007, Wood Furniture.

(ii) The following negative NAAQS were adopted by the Imperial September 12, 2017, and submitted to declarations for the 2008 8-hour ozone County Air Pollution Control District on the EPA on November 14, 2017.

CTG document No. Title

EPA–450/2–77–008 ...... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. EPA–450/2–77–022 ...... Control of Volatile Organic Emissions from Solvent Metal Cleaning. EPA–450/2–77–025 ...... Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. EPA–450/2–77–032 ...... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of Metal Furniture. EPA–450/2–77–033 ...... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of In- sulation of Magnet Wire. EPA–450/2–77–034 ...... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume V: Surface Coating of Large Appliances. EPA–450/2–78–015 ...... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VI: Surface Coating of Miscellaneous Metal Parts and Products. EPA–450/2–78–029 ...... Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products. EPA–450/2–78–030 ...... Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. EPA–450/2–78–032 ...... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface Coating of Flat Wood Paneling. EPA–450/2–78–033 ...... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VIII: Graphic Arts—Roto- gravure and Flexography. EPA–450/2–78–036 ...... Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment. EPA–450/3–82–009 ...... Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners. EPA–450/3–83–006 ...... Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manu- facturing Equipment. EPA–450/3–83–007 ...... Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants. EPA–450/3–83–008 ...... Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Poly- propylene, and Polystyrene Resins. EPA–450/3–84–015 ...... Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. EPA–450/4–91–031 ...... Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry. EPA–453/R–96–007 ...... Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations. EPA–453/R–94–032, 61 FR 44050; Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating). 8/27/96. EPA–453/R–97–004, 59 FR 29216; Aerospace (CTG & MACT). 6/06/94. EPA–453/R–06–001 ...... Control Techniques Guidelines for Industrial Cleaning Solvents. EPA–453/R–06–002 ...... Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing. EPA–453/R–06–003 ...... Control Techniques Guidelines for Flexible Package Printing. EPA–453/R–06–004 ...... Control Techniques Guidelines for Flat Wood Paneling Coatings. EPA 453/R–07–003 ...... Control Techniques Guidelines for Paper, Film, and Foil Coatings. EPA 453/R–07–004 ...... Control Techniques Guidelines for Large Appliance Coatings. EPA 453/R–07–005 ...... Control Techniques Guidelines for Metal Furniture Coatings. EPA 453/R–08–003 ...... Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings, Table 2—Metal Parts and Products. EPA 453/R–08–003 ...... Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings, Table 3—Plastic Parts and Products. EPA 453/R–08–003 ...... Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings, Table 4—Automotive/ Transportation and Business Machine Plastic Parts. EPA 453/R–08–003 ...... Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings, Table 5—Pleasure Craft Surface Coating. EPA 453/R–08–003 ...... Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings, Table 6—Motor Vehi- cle Materials. EPA 453/R–08–004 ...... Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials. EPA 453/R–08–005 ...... Control Techniques Guidelines for Miscellaneous Industrial Adhesives. EPA 453/R–08–006 ...... Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings. EPA 453/B16–001 ...... Control Techniques Guidelines for the Oil and Natural Gas Industry.

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* * * * * appropriately removes these provisions II. Response to Comments ■ 4. Section 52.248 is amended by from the Texas SIP. We received four public comments on adding paragraph (i) to read as follows: DATES: This rule is effective on March the proposal. One commenter (State of 16, 2020. § 52.248 Identification of plan—conditional Texas) supported our proposed approval ADDRESSES: The EPA has established a approval. and agreed with the EPA’s docket for this action under Docket ID determination that the revisions to the * * * * * No. EPA–R06–OAR–2019–0043. All Texas SIP were consistent with the CAA (i) The EPA is conditionally documents in the docket are listed on and the applicable federal rules and approving a portion of the California SIP the https://www.regulations.gov regulations relating to air pollution revision submitted on November 14, website. Although listed in the index, control. We received three anonymous 2017 demonstrating that control some information is not publicly public comments. One commenter measures in the Imperial County Air available, e.g., Confidential Business opposed the approval of provisions Pollution Control District implement Information or other information whose relating to GHGs, another commenter RACT for the 2008 8-hour National disclosure is restricted by statute. opposed approving the Texas SIP, and Ambient Air Quality Standards. The Certain other material, such as one commenter opposed the approval of conditional approval is based on a copyrighted material, is not placed on previously SIP-approved regulations commitment from the state to submit the internet and will be publicly containing provisions that waive permit new or revised rules that will correct available only in hard copy form. renewal fees for members of the military deficiencies in Rule 415, Transfer and Publicly available docket materials are on active duty stationed outside of the Storage of Gasoline to establish RACT- available either electronically through State of Texas. All public comments level controls for sources covered by the https://www.regulations.gov or in hard submitted are in the public docket to Control Techniques Guidelines source copy at the EPA Region 6 Office, 1201 this rulemaking. Our responses to the category Control of Hydrocarbons from Elm Street, Suite 500, Dallas, Texas comments are discussed below. Tank Truck Gasoline Loading Terminals 75270. Comment: The State of Texas (EPA–450/2–77–026). If the State fails to FOR FURTHER INFORMATION CONTACT: supported the EPA’s proposed approval meet it commitment by one year from Elizabeth Layton, EPA Region 6 Office, action and agreed with our the date of this conditional approval, Air Permits Section (ARPE), 1201 Elm determination that the revisions to the the conditional approval is treated as a Street, Suite 500, Dallas, TX 75270, Texas SIP were consistent with the CAA disapproval. 214–665–2136, layton.elizabeth@ and applicable federal rules and [FR Doc. 2020–00780 Filed 2–12–20; 8:45 am] epa.gov. To inspect the hard copy regulations pertaining to air pollution BILLING CODE 6560–50–P materials, please schedule an control. appointment with Ms. Elizabeth Layton Response: The EPA appreciates the or Mr. Bill Deese at 214–665–7253. supportive comment from the State of ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: Texas. No changes will be made to the AGENCY Throughout this document ‘‘we,’’ ‘‘us,’’ proposed rule as a result of the and ‘‘our’’ means the EPA. comment. 40 CFR Part 52 Comment: One anonymous I. Background commenter stated that the EPA should [EPA–R06–OAR–2019–0043; FRL–10004– The background for this action is not approve portions of 30 TAC section 67–Region 6] discussed in depth in our November 4, 116.196(a) that specifically pertain to Air Plan Approval; Texas; Revisions to 2019, proposal (84 FR 59325). In that the exemption from permit renewal fees Control of Air Pollution by Permits for document we proposed to approve if a permit holder is on active duty in New Construction or Modification revisions to the Texas SIP submitted the U.S. Armed Forces and is serving February 22, 2019, by the Texas outside the State of Texas. The AGENCY: Environmental Protection Commission on Environmental Quality commenter argues that if the permit Agency (EPA). (TCEQ) that revise the State’s New holder is in fact serving in the military, ACTION: Final rule. Source Review (NSR) provisions then the TCEQ/EPA should require a pertaining to air quality permits for the secondary ‘‘responsible official’’ to SUMMARY: Pursuant to the Federal Clean control of air pollution by amending the submit timely permit renewal Air Act (CAA or the Act), the United criteria for air pollution control permits applications and the TCEQ/EPA should States Environmental Protection Agency for new construction or modification, as not grant exemptions from permit (U.S. EPA) is finalizing approval of well as make other non-substantive renewal fees as an approved provision revisions to the Texas (TX) State revisions. The February 22, 2019, in the SIP. The commenter states that Implementation Plan (SIP) submitted on submittal included the removal of this provision should be considered a February 22, 2019, that revised the provisions originally submitted on April state-only provision and not be State’s New Source Review (NSR) 16, 2014, that relate to the permitting of approved into the SIP. permitting rules contained in Title 30 of Greenhouse Gas Emissions (GHGs) for Response: As a threshold matter, the the Texas Administrative Code (TAC) ‘‘non-anyway’’ sources that were later EPA must respond to all significant Chapter 116 Control of Air Pollution by invalidated by the Supreme Court in comments received. While considering Air Permits for New Construction or Utility Air Regulatory Group (UARG) v. significant comments, a determination Modification. Our final action on the EPA (134 S. Ct. 2427 (2014)). See the must be made regarding the comment’s February 22, 2019, submittal also proposed rulemaking (84 FR 59325) for relevance, i.e., if the subject matter of addresses portions of an April 16, 2014, more details. We proposed to approve the comment is relevant to the specific SIP submittal pertaining to the the removal of these provisions that action being reviewed and submitted for permitting of Greenhouse Gas (GHG) were impacted by the Court’s ruling. approval. The EPA is only required to emissions that were subsequently The comments received on our respond to comments that are invalidated by the U.S. Supreme Court. proposed rulemaking are outlined in the determined to be relevant, meaning in The February 22, 2019, submittal section below. part that any such comment, after our

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consideration, could require a change in Comment: One anonymous • Revisions to 30 TAC Section our proposed rule. Expressly, the EPA is commenter stated that the EPA should 116.611; and required to address significant ‘‘disapprove the Texas SIPs’’ and supply • Revisions to 30 TAC Section comments deemed relevant to the the rationale behind why the state does 116.615 specific set of rules being proposed for not have the legal authority to do so on III. Incorporation by Reference action and then take action on that its own. Additionally, the commenter specific set of rules with consideration wants the EPA to examine interstate In this rule, the EPA is finalizing of those comments. We first note that hydrocarbon transport, regulate GHG regulatory text that includes the provisions quoted by the commenter emissions under the CAA (specifically incorporation by reference. In are actually located at 30 TAC Section the NSR/PSD and 111(d) programs), as accordance with requirements of 1 CFR 116.310. In the current action, we did well as consider climate change and our 51.5, the EPA is finalizing the not propose for approval any provisions demand for resources. The commenter incorporation by reference the revisions that relate to the waiver of permit also expresses the need to reduce the to the Texas regulations described in the renewal fees for members of the military amount of carbon being burned and Final Action section above. The EPA serving outside of the State of Texas. phase out conventional energy sources has made, and will continue to make, Those provisions were submitted to the by 2020. these materials generally available EPA on August 31, 1993, and were Response: See our responses above through www.regulations.gov and at the approved into the SIP by the EPA on related to the EPA’s duty to respond to EPA Region 6 Office (please contact the March 10, 2006 (71 FR 12285). The significant comments. We do not agree person identified in the FOR FURTHER public comment received by the that the EPA should disapprove the INFORMATION CONTACT section of this commenter on a prior rulemaking is not Texas SIP. We find that the State has preamble for more information). relevant to the current rulemaking, and submitted approvable SIP revisions and Therefore, these materials have been as such, no changes will be made in are thus approving them under the CAA approved by the EPA for inclusion in response to the comment received. that gives EPA the authority to do so. the SIP, have been incorporated by Additionally, no challenge to that prior, The comments related to regulating reference by the EPA into that plan, are final rulemaking action was filed and GHG’s under NSR/PSD and CAA 111(d), fully federally enforceable under the timeframe has long passed to seek climate change, and reduction of carbon sections 110 and 113 of the CAA as of judicial review on that particular is outside the scope of this rulemaking the effective date of the final rulemaking rulemaking. (See Administrative action. We are therefore not required to of the EPA’s approval, and will be Procedure Act, 5 U.S.C. 704). respond to the comment. Again, in this incorporated in the next update to the Comment: One anonymous action, we are acting consistent with the SIP compilation. commenter states that the ‘‘EPA should U.S. Supreme Court’s ruling in UARG v. disapprove the regulation on GHGs,’’ IV. Statutory and Executive Order EPA (2014) and our approval of the Reviews and goes on to discuss the potential removal of the specific ‘‘Step 2’’ GHG Under the CAA, the Administrator is factors that can generally affect the provisions is appropriate here. EPA’s approval of environmental required to approve a SIP submission regulations (cost, duration, subject III. Final Action that complies with the provisions of the matter). Additionally, the commenter We are approving revisions to the Act and applicable Federal regulations. requests the EPA to take the opportunity Texas SIP that revise NSR air permitting 42 U.S.C. 7410(k); 40 CFR 52.02(a). to review GHG regulations on carbon rules. We are also approving revisions to Thus, in reviewing SIP submissions, the dioxide. Lastly, the commenter states the Texas NSR rules related to the EPA’s role is to approve state choices, that pending an official rulemaking on permitting of greenhouse gas emissions provided that they meet the criteria of GHG’s, EPA may not be able to make a as being consistent with federal the CAA. Accordingly, this action ‘‘regulatory ruling in time for the 2022 requirements. As explained in detail in merely approves state law as meeting planned deadline.’’ Federal requirements and does not Response: See our response to the the proposed rulemaking accompanying this action, we have determined that the impose additional requirements beyond comment above related to the EPA’s those imposed by state law. For that duty to respond to significant revisions adopted on October 31, 2018, and submitted on February 22, 2019, reason, this action: comments. The EPA has evaluated the • Is not a ‘‘significant regulatory were developed in accordance with the comment, and we view the comment as action’’ subject to review by the Office CAA and EPA’s regulations, case law, not relevant to the specific subject of Management and Budget under policy and guidance for NSR permitting. matter at hand and is outside the scope Executive Orders 12866 (58 FR 51735, Therefore, under section 110 of the Act, of this rulemaking action. The general October 4, 1993) and 13563 (76 FR 3821, the EPA approves the following regulation and review of GHG’s is not a January 21, 2011); part of the current action, nor germane revisions to the Texas SIP in the • Is not an Executive Order 13771 (82 to our final action and therefore, we are following Sections of 30 TAC Chapter FR 9339, February 2, 2017) regulatory not required to respond to the comment. 116, submitted on February 22, 2019: • action because SIP approvals are Further, the commenter does not Revisions to 30 TAC Section exempted under Executive Order 12866; provide context or detail to a ‘‘2022 116.114; • Does not impose an information • planned deadline’’ therefore we are Revisions to 30 TAC Section collection burden under the provisions unable to discern the commenter’s 116.160; of the Paperwork Reduction Act (44 • concern. However, we do note that we Revisions to 30 TAC Section U.S.C. 3501 et seq.); are bound by the U.S. Supreme Court’s 116.164(a); • Is certified as not having a ruling, UARG v. EPA (2014), concerning • Revisions to 30 TAC Section significant economic impact on a the regulation of GHG’s that is 116.196; substantial number of small entities referenced in this action and our • Revisions to 30 TAC Section under the Regulatory Flexibility Act (5 approval of the removal of the specific 116.198; U.S.C. 601 et seq.); ‘‘Step 2’’ GHG provisions was based on • Revisions to 30 TAC Section • Does not contain any unfunded the Court’s ruling. 116.310; mandate or significantly or uniquely

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affect small governments, as described The Congressional Review Act, 5 List of Subjects in 40 CFR Part 52 in the Unfunded Mandates Reform Act U.S.C. 801 et seq., as added by the Small of 1995 (Pub. L. 104–4); Business Regulatory Enforcement Environmental protection, Air • Does not have federalism Fairness Act of 1996, generally provides pollution control, Incorporation by implications as specified in Executive that before a rule may take effect, the reference, Carbon monoxide, Order 13132 (64 FR 43255, August 10, agency promulgating the rule must Intergovernmental relations, Lead, 1999); submit a rule report, which includes a Nitrogen dioxide, Ozone, Particulate • Is not an economically significant copy of the rule, to each House of the matter, Reporting and recordkeeping regulatory action based on health or Congress and to the Comptroller General requirements, Sulfur oxides, Volatile safety risks subject to Executive Order of the United States. The EPA will organic compounds. 13045 (62 FR 19885, April 23, 1997); submit a report containing this action Dated: January 29, 2020. • Is not a significant regulatory action and other required information to the Kenley McQueen, subject to Executive Order 13211 (66 FR U.S. Senate, the U.S. House of 28355, May 22, 2001); Regional Administrator, Region 6. • Representatives, and the Comptroller Is not subject to requirements of General of the United States prior to 40 CFR part 52 is amended as follows: section 12(d) of the National publication of the rule in the Federal Technology Transfer and Advancement Register. A major rule cannot take effect PART 52—APPROVAL AND Act of 1995 (15 U.S.C. 272 note) because until 60 days after it is published in the PROMULGATION OF application of those requirements would Federal Register. This action is not a IMPLEMENTATION PLANS be inconsistent with the CAA; and ‘‘major rule’’ as defined by 5 U.S.C. • Does not provide the EPA with the 804(2). ■ 1. The authority citation for part 52 discretionary authority to address, as continues to read as follows: appropriate, disproportionate human Under section 307(b)(1) of the Clean health or environmental effects, using Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq. practicable and legally permissible this action must be filed in the United Subpart SS—Texas methods, under Executive Order 12898 States Court of Appeals for the (59 FR 7629, February 16, 1994). appropriate circuit by April 13, 2020. In addition, the SIP is not approved Filing a petition for reconsideration by ■ 2. In § 52.2270, in paragraph (c), the to apply on any Indian reservation land the Administrator of this final rule does table titled ‘‘EPA Approved Regulations or in any other area where the EPA or not affect the finality of this action for in the Texas SIP’’ is amended by an Indian tribe has demonstrated that a the purposes of judicial review nor does revising the entries for Sections 116.114, tribe has jurisdiction. In those areas of it extend the time within which a 116.160, 116.164, 116.196, 116.198, Indian country, the rule does not have petition for judicial review may be filed, 116.310, 116.611, and 116.615 to read as tribal implications and will not impose and shall not postpone the effectiveness follows: substantial direct costs on tribal of such rule or action. This action may § 52.2270 Identification of plan. governments or preempt tribal law as not be challenged later in proceedings to specified by Executive Order 13175 (65 enforce its requirements. (See section * * * * * FR 67249, November 9, 2000). 307(b)(2).) (c) * * *

EPA APPROVED REGULATIONS IN THE TEXAS SIP

State approval/ EPA State citation Title/subject submittal approval Explanation date date

*******

Chapter 116 Revisions to Control of Air Pollution by Permits for New Construction or Modification

*******

Subchapter B: New Source Review Permits

******* Section 116.114 ...... Application 10/31/2018 2/13/2020, Review [Insert Schedule. Federal Register citation].

******* Section 116.160 ...... Prevention 10/31/2018 2/13/2020, The PSD SIP includes 30 TAC Section 116.160(a) as adopted by the of Signifi- [Insert State as of 6/2/2010. The PSD SIP includes a letter from the TCEQ cant De- Federal dated December 2, 2013, committing that Texas will follow a SIP teriora- Register amendment process to apply its PSD SIP to additional pollutants that tion. citation]. are regulated in the future, including non-NAAQS pollutants. The PSD SIP includes a letter from the TCEQ dated May 30, 2014, clari- fying the judicial review process for the Texas PSD permit program.

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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued

State approval/ EPA State citation Title/subject submittal approval Explanation date date

******* Section 116.164 ...... Prevention 10/31/2018 ...... The PSD SIP does NOT include 30 TAC Sections 116.164(b). of Signifi- cant De- teriora- tion Ap- plicability for Green- house Gases Sources.

*******

Subchapter C: Plant-wide Applicability Limits

******* Section 116.196 ...... Renewal of 10/31/2018 ...... a Plant- wide Ap- plicability Limit Per- mit. Section 116.198 ...... Expiration 10/31/2018 ...... of Void- ance.

*******

Subchapter D: Permit Renewals

Section 116.310 ...... Notification 10/31/2018 ...... of Permit Holder.

*******

Subchapter F: Standard Permits

******* Section 116.611 ...... Registration 10/31/2018 ...... 30 TAC Section 116.611(b) is SIP-approved as adopted by the State as to Use a of 11/20/2002. The SIP does NOT include 30 TAC Section Standard 116.611(c)(3), (c)(3)(A), and (c)(3)(B). Permit.

******* Section 116.615 ...... General 10/31/2018 ...... Condi- tions.

*******

* * * * * [FR Doc. 2020–02054 Filed 2–12–20; 8:45 am] BILLING CODE 6560–50–P

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DEPARTMENT OF THE INTERIOR Service, 1849 C Street NW, Washington, month of October 2019, not seasonally DC 20240. adjusted, is 1.01764. (The annual Office of the Secretary of the Interior SUPPLEMENTARY INFORMATION: inflation adjustments are based on the percent change between the October 43 CFR Part 10 I. Background CPI–U preceding the date of the On November 2, 2015, the President [NPS–WASO–NAGPRA–29542; adjustment, and the prior year’s October PPWOVPADU0/PPMPRLE1Y.Y00000] signed into law the Federal Civil CPI–U.) The guidance instructs agencies Penalties Inflation Adjustment Act to complete the 2020 annual adjustment RIN 1024–AE60 Improvements Act of 2015 (Sec. 701 of by multiplying each applicable penalty Pub. L. 114–74) (‘‘the Act’’). The Act by the multiplier, 1.01764, and Civil Penalties Inflation Adjustments requires Federal agencies to adjust the rounding to the nearest dollar. level of civil monetary penalties AGENCY: Office of the Secretary, Interior. annually for inflation no later than The annual adjustment applies to all ACTION: Final rule. January 15 of each year. civil monetary penalties with a dollar amount that are subject to the Act. A SUMMARY: This rule revises U.S. II. Calculation of Annual Adjustments civil monetary penalty is any Department of the Interior regulations The Office of Management and Budget assessment with a dollar amount that is implementing the Native American (OMB) recently issued guidance to assist levied for a violation of a Federal civil Graves Protection and Repatriation Act Federal agencies in implementing the statute or regulation, and is assessed or to provide for annual adjustments of annual adjustments required by the Act enforceable through a civil action in civil penalties to account for inflation which agencies must complete by Federal court or an administrative under the Federal Civil Penalties January 15, 2020. See December 16, proceeding. A civil monetary penalty Inflation Adjustment Act Improvements 2019, Memorandum for the Heads of does not include a penalty levied for Act of 2015 and Office of Management Executive Departments and Agencies, violation of a criminal statute, or fees for and Budget guidance. The purpose of from Russel T. Vought, Acting Director, services, licenses, permits, or other these adjustments is to maintain the Office of Management and Budget, re: regulatory review. This final rule adjusts deterrent effect of civil penalties and to Implementation of Penalty Inflation the following civil monetary penalties further the policy goals of the Adjustments for 2020, Pursuant to the contained in the Department regulations underlying statutes. Federal Civil Penalties Inflation implementing the Native American DATES: This rule is effective on February Adjustment Act Improvements Act of Graves Protection and Repatriation Act 13, 2020. 2015 (M–20–05). The guidance states (NAGPRA) for 2020 by multiplying FOR FURTHER INFORMATION CONTACT: that the cost-of-living adjustment 1.01764 by each penalty amount as Melanie O’Brien, Manager, National multiplier for 2020, based on the updated by the adjustment made in NAGPRA Program, National Park Consumer Price Index (CPI–U) for the 2019:

Current penalty Annual CFR citation Description of the penalty including adjustment Adjusted catch-up (multiplier) penalty adjustment

43 CFR 10.12(g)(2) ...... Failure of Museum to Comply ...... $6,834 1.01764 $6,955 43 CFR 10.12(g)(3) ...... Continued Failure to Comply Per Day ...... 1,368 1.01764 1,392

Consistent with the Act, the adjusted Regulatory Affairs has determined that B. Reducing Regulation and Controlling penalty levels for 2020 will take effect this rule is not significant. Regulatory Costs (Executive Order immediately upon the effective date of Executive Order 13563 reaffirms the 13771) the adjustment. The adjusted penalty principles of E.O. 12866 while calling levels for 2020 will apply to penalties This rule is not an E.O. 13771 for improvements in the nation’s regulatory action because this rule is not assessed after that date including, if regulatory system to promote significant under Executive Order consistent with agency policy, predictability, to reduce uncertainty, 12866. assessments associated with violations and to use the best, most innovative, that occurred on or after November 2, and least burdensome tools for C. Regulatory Flexibility Act 2015. The Act does not, however, achieving regulatory ends. The change previously assessed penalties executive order directs agencies to The Regulatory Flexibility Act (RFA) that the Department is collecting or has consider regulatory approaches that requires an agency to prepare a collected. Nor does the Act change an reduce burdens and maintain flexibility regulatory flexibility analysis for rules agency’s existing statutory authorities to and freedom of choice for the public unless the agency certifies that the rule adjust penalties. where these approaches are relevant, will not have a significant economic III. Procedural Requirements feasible, and consistent with regulatory impact on a substantial number of small objectives. E.O. 13563 emphasizes entities. The RFA applies only to rules A. Regulatory Planning and Review further that regulations must be based for which an agency is required to first (E.O. 12866 and 13563) on the best available science and that publish a proposed rule. See 5 U.S.C. Executive Order 12866 provides that the rulemaking process must allow for 603(a) and 604(a). The RFA does not the Office of Information and Regulatory public participation and an open apply to this final rule because the Affairs in the Office of Management and exchange of ideas. We have developed Office of the Secretary is not required to Budget will review all significant rules. this rule in a manner consistent with publish a proposed rule for the reasons The Office of Information and these requirements. explained below in Section III.M.

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D. Small Business Regulatory recognition of their right to self- for comment and with an effective date Enforcement Fairness Act governance and tribal sovereignty. We immediately upon publication in the This rule is not a major rule under 5 have evaluated this rule under the Federal Register. Department’s consultation policy and U.S.C. 804(2), the Small Business List of Subjects in 43 CFR Part 10 Regulatory Enforcement Fairness Act. under the criteria in Executive Order Administrative practice and This rule: 13175 and have determined that it has (a) Does not have an annual effect on no substantial direct effects on federally procedure, Hawaiian Natives, Historic the economy of $100 million or more. recognized Indian tribes and that preservation, Indians-claims, Indians- (b) Will not cause a major increase in consultation under the Department’s lands, Museums, Penalties, Public costs or prices for consumers, tribal consultation policy is not lands, Reporting and recordkeeping individual industries, Federal, State, or required. requirements. local government agencies, or J. Paperwork Reduction Act For the reasons given in the preamble, geographic regions. the Office of the Secretary amends 43 (c) Does not have significant adverse This rule does not contain CFR part 10 as follows. effects on competition, employment, information collection requirements, investment, productivity, innovation, or and a submission to the Office of PART 10—NATIVE AMERICAN the ability of U.S.-based enterprises to Management and Budget under the GRAVES PROTECTION AND compete with foreign-based enterprises. Paperwork Reduction Act (44 U.S.C. REPATRIATION REGULATIONS 3501 et seq.) is not required. We may E. Unfunded Mandates Reform Act not conduct or sponsor, and you are not ■ 1. The authority citation for part 10 This rule does not impose an required to respond to, a collection of continues to read as follows: unfunded mandate on State, local, or information unless it displays a Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, tribal governments, or the private sector currently valid OMB control number. 3001 et seq. of more than $100 million per year. The K. National Environmental Policy Act § 10.12 [Amended] rule does not have a significant or unique effect on State, local, or tribal This rule does not constitute a major ■ 2. In § 10.12: governments or the private sector. A Federal action significantly affecting the ■ a. In paragraph (g)(2) introductory statement containing the information quality of the human environment. A text, remove ‘‘$6,834’’ and add in its required by the Unfunded Mandates detailed statement under the National place ‘‘$6,955’’. Reform Act (2 U.S.C. 1531 et seq.) is not Environmental Policy Act of 1969 ■ b. In paragraph (g)(3), remove required. (NEPA) is not required because the rule ‘‘$1,368’’ and add in its place ‘‘$1,392’’. is covered by a categorical exclusion. F. Takings (E.O. 12630) This rule is excluded from the Rob Wallace, This rule does not effect a taking of requirement to prepare a detailed Assistant Secretary for Fish and Wildlife and Parks. private property or otherwise have statement because it is a regulation of an taking implications under Executive administrative nature. (For further [FR Doc. 2020–01946 Filed 2–12–20; 8:45 am] Order 12630. A takings implication information see 43 CFR 46.210(i).) We BILLING CODE 4312–52–P assessment is not required. have also determined that the rule does not involve any of the extraordinary G. Federalism (E.O. 13132) circumstances listed in 43 CFR 46.215 LEGAL SERVICES CORPORATION Under the criteria in section 1 of that would require further analysis Executive Order 13132, this rule does under NEPA. 45 CFR Part 1611 not have sufficient federalism L. Effects on the Energy Supply (E.O. Income Level for Individuals Eligible implications to warrant the preparation 13211) for Assistance of a federalism summary impact statement. A federalism summary This rule is not a significant energy AGENCY: Legal Services Corporation. action under the definition in Executive impact statement is not required. ACTION: Final rule. Order 13211. A Statement of Energy H. Civil Justice Reform (E.O. 12988) Effects is not required. SUMMARY: The Legal Services This rule complies with the M. Administrative Procedure Act Corporation (LSC) is required by law to requirements of E. O. 12988. establish maximum income levels for Specifically, this rule: The Act requires agencies to publish individuals eligible for legal assistance. (a) Meets the criteria of section 3(a) annual inflation adjustments by no later This document updates the specified requiring that all regulations be than January 15 of each year, income levels to reflect the annual reviewed to eliminate errors and notwithstanding section 553 of the amendments to the Federal Poverty ambiguity and be written to minimize Administrative Procedure Act (APA) (5 Guidelines issued by the U.S. litigation; and U.S.C. 553). OMB has interpreted this Department of Health and Human (b) Meets the criteria of section 3(b)(2) direction to mean that the usual APA Services (HHS). requiring that all regulations be written public procedure for rulemaking— DATES: Effective February 13, 2020. in clear language and contain clear legal which includes public notice of a standards. proposed rule, an opportunity for public FOR FURTHER INFORMATION CONTACT: comment, and a delay in the effective Stefanie K. Davis, Senior Assistant I. Consultation With Indian Tribes (E.O. date of a final rule—is not required General Counsel, Legal Services 13175 and Departmental Policy) when agencies issue regulations to Corporation, 3333 K St. NW, The Department of the Interior strives implement the annual adjustments to Washington, DC 20007; (202) 295–1563; to strengthen its government-to- civil penalties that the Act requires. [email protected]. government relationship with Indian Accordingly, we are issuing the 2020 SUPPLEMENTARY INFORMATION: Section tribes through a commitment to annual adjustments as a final rule 1007(a)(2) of the Legal Services consultation with Indian tribes and without prior notice or an opportunity Corporation Act (Act), 42 U.S.C.

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2996f(a)(2), requires LSC to establish the Guidelines. This chart is for List of Subjects in 45 CFR Part 1611 maximum income levels for individuals reference purposes only as an aid to Grant programs—law, Legal services. eligible for legal assistance. Section recipients in assessing the financial 1611.3(c) of LSC’s regulations eligibility of an applicant whose income For reasons set forth in the preamble, establishes a maximum income level is greater than 125% of the applicable the Legal Services Corporation amends equivalent to 125% of the Federal Guidelines amount, but less than 200% 45 CFR part 1611 as follows: Poverty Guidelines (Guidelines), which of the applicable Guidelines amount PART 1611—FINANCIAL ELIGIBILITY HHS is responsible for updating and (and who may be found to be financially issuing. 45 CFR 1611.3(c). eligible under duly adopted exceptions ■ Each year, LSC updates appendix A to 1. The authority citation for part 1611 to the annual income ceiling in continues to read as follows: 45 CFR part 1611 to provide client accordance with 45 CFR 1611.3, 1611.4, income eligibility standards based on Authority: 42 U.S.C. 2996g(e). and 1611.5). the most recent Guidelines. The figures ■ Except where there are minor 2. Revise appendix A to part 1611 to for 2020, set out below, are equivalent read as follows: to 125% of the Guidelines published by variances due to rounding, the amount HHS on January 17, 2020. by which the guideline increases for Appendix A to Part 1611—Income In addition, LSC is publishing a chart each additional member of the Level for Individuals Eligible for listing income levels that are 200% of household is a consistent amount. Assistance

LEGAL SERVICES CORPORATION 2020 INCOME GUIDELINES *

48 Contiguous states and the Size of household District of Alaska Hawaii Columbia

1 ...... $15,950 $19,938 $18,350 2 ...... 21,550 26,938 24,788 3 ...... 27,150 33,938 31,225 4 ...... 32,750 40,938 37,663 5 ...... 38,350 47,938 44,100 6 ...... 43,950 54,938 50,538 7 ...... 49,550 61,938 56,975 8 ...... 55,150 68,938 63,413 For each additional member of the household in excess of 8, add: 5,600 7,000 6,438 * The figures in this table represent 125% of the Federal Poverty Guidelines by household size as determined by HHS.

REFERENCE CHART—200% OF FEDERAL POVERTY GUIDELINES *

48 Contiguous states and the Size of household District of Alaska Hawaii Columbia

1 ...... $25,520 $31,900 $29,360 2 ...... 34,480 43,100 39,660 3 ...... 43,440 54,300 49,960 4 ...... 52,400 65,500 60,260 5 ...... 61,360 76,700 70,560 6 ...... 70,320 87,900 80,860 7 ...... 79,280 99,100 91,160 8 ...... 88,240 110,300 101,460 For each additional member of the household in excess of 8, add: 8,960 11,200 10,300 * The figures in this table represent 200% of the Federal Poverty Guidelines by household size as determined by HHS.

Dated: January 28, 2020. Stefanie Davis, Senior Assistant General Counsel. [FR Doc. 2020–01824 Filed 2–12–20; 8:45 am] BILLING CODE 7050–01–P

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DEPARTMENT OF TRANSPORTATION B. Privacy Act are requested by the UCR Plan and In accordance with 5 U.S.C. 553(c), approved by FMCSA. These two Federal Motor Carrier Safety the U.S. Department of Transportation provisions are the reasons for the two- Administration (DOT) solicits comments from the stage adjustment adopted in this final public to better inform its rulemaking rule. The final rule provides for a 49 CFR Part 367 process. DOT posts any comments, reduction for registration years without edit, including any personal beginning in 2020 to the annual [Docket No. FMCSA–2019–0066] information the commenter provides, to registration fees established for the UCR www.regulations.gov, as described in Agreement. RIN 2126–AC26 the system of records notice (DOT/ALL Beginning in the 2020 registration year, the fees will be reduced by 14.45 Fees for the Unified Carrier 14–FDMS), which can be reviewed at https://www.transportation.gov/privacy. percent below the 2018 registration fee Registration Plan and Agreement level to ensure that fee revenues do not II. Abbreviations and Acronyms AGENCY: Federal Motor Carrier Safety exceed the statutory maximum and to Administration (FMCSA), DOT. The following is a list of abbreviations account for the excess funds held in the used in this document depository. The fees beginning with the ACTION: Final rule. CE Categorical Exclusion 2021 registration year will remain at the SUMMARY: This rule establishes DOT U.S. Department of Transportation same level as the fees for 2020, unless reductions in the annual registration E.O. Executive Order there is a future adjustment. The fees the States collect from motor FMCSA Federal Motor Carrier Safety reduction of the current 2019 carriers, motor private carriers of Administration registration year fees (finalized on NPRM Notice of Proposed Rulemaking December 28, 2018) ranges from property, brokers, freight forwarders, OMB Office of Management and Budget and leasing companies for the Unified PRA Paperwork Reduction Act approximately $3 to $2,712 per entity, Carrier Registration (UCR) Plan and RFA Regulatory Flexibility Act depending on the number of vehicles Agreement for the registration years SBREFA Small Business Regulatory owned or operated by the affected beginning in 2020. For the 2020 Enforcement Fairness Act entities. SBTC Small Business in Transportation registration year, the fees will be B. Benefits and Costs reduced by 14.45 percent below the Coalition 2018 registration fee level to ensure that SSRS Single State Registration System The changes imposed by this final UCR Unified Carrier Registration rule reduce the fees paid by motor fee revenues collected do not exceed the UCR Agreement Unified Carrier statutory maximum, and to account for Registration Agreement carriers, motor private carriers of the excess funds held in the depository. UCR Board Unified Carrier Registration property, brokers, freight forwarders, The fees will remain at the same level Board of Directors and leasing companies to the for 2021 and subsequent years unless UCR Plan Unified Carrier Registration Plan participating States. While each motor carrier will realize a reduced burden, revised in the future. The reduction of III. Executive Summary the current 2019 registration year fees fees are considered by the Office of (finalized on December 28, 2018) range A. Purpose and Summary of the Major Management and Budget (OMB) from approximately $3 to $2,712 per Provisions Circular A–4, Regulatory Analysis as entity, depending on the number of The UCR Plan and the 41 States transfer payments, not costs. Transfer vehicles owned or operated by the participating in the UCR Agreement payments are payments from one group affected entities. establish and collect fees from motor to another that do not affect total resources available to society. Therefore, DATES: This final rule is effective carriers, motor private carriers of February 13, 2020. property, brokers, freight forwarders, transfers are not considered in the Petitions for Reconsideration of this and leasing companies. The UCR Plan monetization of societal costs and final rule must be submitted to the and Agreement are administered by a benefits of rulemakings. FMCSA Administrator no later than 15-member board of directors (UCR IV. Legal Basis for the Rulemaking March 16, 2020. Board); 14 appointed from the participating States and the industry, This rule adjusts the annual FOR FURTHER INFORMATION CONTACT: Mr. registration fees for the UCR Agreement Gerald Folsom, Office of Registration plus the Deputy Administrator of FMCSA or another Presidential established by 49 U.S.C. 14504a. The and Safety Information, Federal Motor requested fee adjustments are required Carrier Safety Administration, 1200 appointee from the Department. Revenues collected are allocated to the by 49 U.S.C. 14504a because, for the New Jersey Avenue SE, Washington, DC registration year 2018, the total revenues 20590–0001, (202) 385–2405. participating States and the UCR Plan. The maximum amount that the UCR collected were expected to exceed the SUPPLEMENTARY INFORMATION: Plan may collect is established by total revenue entitlements of $108 I. Rulemaking Documents statute. If annual revenue collections million distributed to the 41 will exceed the statutory maximum participating States plus the $5 million A. Availability of Rulemaking allowed, then the UCR Plan must established for the administrative costs Documents request adjustments to the fees (49 associated with the UCR Plan and 1 For access to docket FMCSA–2019– U.S.C. 14504a(f)(1)(E)). In addition, any Agreement. The requested adjustments 0066 to read background documents, go excess funds held by the UCR Plan after 1 The UCR Plan is ‘‘the organization . . . to https://www.regulations.gov at any payments are made to the States and for responsible for developing, implementing, and time, or to Docket Operations at U.S. administrative costs are retained in the administering the unified carrier registration Department of Transportation, Room UCR depository, and fees subsequently agreement.’’ 49 U.S.C. 14504a(a)(9). The UCR W12–140, 1200 New Jersey Avenue SE, charged must be adjusted further to Agreement developed by the UCR Plan is the ‘‘interstate agreement . . . governing the collection Washington, DC 20590, between 9 a.m. return the excess revenues held in the and distribution of registration and financial and 5 p.m., Monday through Friday, depository as required by 49 U.S.C. responsibility information provided and fees paid except Federal holidays. 14504a(h)(4). Adjustments in the fees by motor carriers, motor private carriers, brokers,

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have been submitted by the UCR Plan in The statute provides for a 15-member • Administrative costs associated accordance with 49 U.S.C. board of directors for the UCR Plan to with the UCR Plan and Agreement; 14504a(f)(1)(E)(ii), which requires the be appointed by the Secretary. The • Whether the revenues generated in UCR Board to request an adjustment by statute specifies that the UCR Board the previous year and any surplus or the Secretary of Transportation should consist of one director (either the shortage from that or prior years enable (Secretary) when the annual revenues FMCSA Deputy Administrator or the participating States to achieve the collected exceed the maximum allowed. another Presidential appointee from the revenue levels set by the UCR Board; In addition, 49 U.S.C. 14504a(h)(4) Department) from DOT; four directors and • states that any excess funds held by the from among the chief administrative Provisions governing fees in 49 UCR Plan in its depository, after officers of the State agencies responsible U.S.C. 14504a(f)(1). payments to the States and for for administering the UCR Agreement FMCSA, if asked by the UCR Board, administrative costs, shall be retained (one from each of the four FMCSA may also adjust the fees within a ‘‘and the fees charged . . . shall be service areas); five directors from among reasonable range on an annual basis if reduced by the Secretary accordingly.’’ the professional staffs of State agencies the revenues collected from the fees are The UCR Plan also requested approval responsible for administering the UCR either insufficient to provide the of a revised total revenue target to be Agreement, to be nominated by the participating States with the revenues collected because of an adjustment in National Conference of State they are entitled to receive or exceed the amount for costs of administering Transportation Specialists; and five those revenues (49 U.S.C. the UCR Agreement. No changes in the directors from the motor carrier 14504a(f)(1)(E)). Overall, the fees assessed under the revenue entitlements to the industry, of whom at least one must be UCR Agreement must produce the level participating States were recommended from a national trade association of revenue established by statute. by the UCR Plan. The revised total representing the general motor carrier of Section 14504a(g) establishes the revenue target must be approved in property industry and one from a motor revenue entitlements for States that accordance with 49 U.S.C. 14504a(d)(7) carrier that falls within the smallest fleet choose to participate in the UCR Plan. and (g)(4). fee bracket (49 U.S.C. 14504a(d)(1)(B)). That section provides that a State, The Secretary also has broad The UCR Plan and the participating participating in SSRS in the registration rulemaking authority in 49 U.S.C. States are authorized by 49 U.S.C. 14504a(f) to establish and collect fees year prior to the enactment of the 13301(a) to carry out 49 U.S.C. 14504a, Unified Carrier Registration Act of 2005, which is part of 49 U.S.C. subtitle IV, from motor carriers, motor private carriers of property, brokers, freight is entitled to receive revenues under the part B. Authority to administer these UCR Agreement equivalent to the statutory provisions has been delegated forwarders, and leasing companies. The annual fees charged for registration year revenues it received in the year before to the FMCSA Administrator by 49 CFR that enactment. Section 14504a(g) also 1.87(a)(2) and (7).2 2019 are set out in 49 CFR 367.50. For carriers and freight forwarders, requires that States that did not The Administrative Procedure Act the fees vary according to the size of the participate in SSRS previously, but that allows agencies to make rules effective vehicle fleets, as required by 49 U.S.C. choose to participate in the UCR Plan, immediately with good cause, instead of 14504a(f). The fees collected are may receive revenues not to exceed requiring publication 30 days prior to allocated to the States and the UCR Plan $500,000 per year. The UCR Board the effective date. 5 U.S.C. 553(d)(3). in accordance with 49 U.S.C. 14504a(h). calculates the amount of revenue to FMCSA finds there is good cause for Participating States submit a plan which each participating State is this rule to be effective upon demonstrating that an amount entitled under the UCR Agreement, publication so that the UCR Plan and equivalent to the revenues received are which is then approved by FMCSA. the participating States may begin used for motor carrier safety programs, FMCSA’s interpretation of its collection of fees immediately for the enforcement, or the administration of responsibilities under 49 U.S.C. 14504a registration year that will begin on the UCR Plan and Agreement (49 U.S.C. in setting fees for the UCR Plan and January 1, 2020. The immediate 14504a(e)(1)(B)). Agreement is guided by the primacy the commencement of fee collection will The UCR Plan and the participating statute places on the need both to set avoid further delay in distributing States collect registration fees for each and to adjust the fees so they ‘‘provide revenues to the participating States. registration year, which is the same the revenues to which the States are V. Statutory Requirements for the UCR period as the calendar year. Usually, entitled’’ (49 U.S.C. 14504a(f)(1)(E)(i)). Fees collection begins on October 1 of the The statute links the requirement that previous year, and continues until the fees be adjusted ‘‘within a A. Legislative History December 31 of the year following the reasonable range’’ by both the UCR Plan The legislative history of 49 U.S.C. registration year. All of the revenues and FMCSA to the provision of 14504a indicates that the purpose of the collected are distributed to the sufficient revenues to meet the UCR Plan and Agreement is both to participating States or to the UCR Plan entitlements of the participating States replace the Single State Registration for administration of the UCR (49 U.S.C. 14504a(f)(1)(E); see also 49 System (SSRS) for registration of Agreement. No funds are distributed to U.S.C. 14504a(d)(7)(A)(ii)). interstate motor carrier entities with the the Federal Government. Section 14504a(h)(4) provides States and to ‘‘ensure that States don’t additional support for this B. Fee Requirements lose current revenues derived from interpretation. The provision explicitly SSRS’’ (Sen. Rep. 109–120, at 2 (2005)). The statute specifies that fees are to be requires FMCSA to reduce the fees for based on the recommendation of the all motor carrier entities in the year freight forwarders, and leasing companies. . . .’’ 49 UCR Board (49 U.S.C. 14504a(d)(7)(A)). following any year in which the U.S.C. 14504a(a)(8). In recommending the level of fees to be depository retains any funds in excess 2 For the purpose of this rulemaking, the term assessed in any registration year, and in of the amount necessary to satisfy the ‘‘FMCSA’’ will frequently be used in place of ‘‘Secretary’’ due to the delegated authority provided setting the fee level, the statute states revenue entitlements of the by the Secretary. The term ‘‘Secretary’’ will be used that both the UCR Board and FMCSA participating States and the UCR Plan’s in quoted material and as otherwise appropriate. ‘‘shall consider’’ the following factors: administrative costs.

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VI. Recommendations From the UCR analysis attached to the February 25, $3,500,000 (83 FR 67126, 67128). The Plan 2019, recommendation letter, the UCR UCR Plan’s original recommendation On December 13, 2018, the UCR Plan estimated that, by the end of 2019, included a reduction in the amount of Board voted unanimously to submit a total revenues would exceed the the administrative costs to $3,225,000 recommendation to the FMCSA to statutory maximum by $9.38 million, or for the 2020 and 2021 registration years. reduce the fees collected by the UCR approximately 8.31 percent. The revised The reduction of $275,000 Plan for registration years 2020 and analysis submitted with the comments recommended by the UCR Plan was thereafter. The recommendation was indicates that total revenues will now based on estimates of future submitted to the FMCSA on February exceed the statutory maximum by administrative costs needed to operate 25, 2019.3 The requested fee $10.83 million, or approximately 9.61 the UCR Plan and Agreement. The adjustments are required by 49 U.S.C. percent. The excess revenues collected comments submitted on September 6 14504a because, for registration year are being held in a depository included an updated estimate of future 2018, the total revenues collected were maintained by the UCR Plan as required annual administrative costs of expected to exceed the total revenue by 49 U.S.C. 14504a(h)(4). $4,000,000, primarily because of an entitlements of $108 million distributed The UCR Plan’s revised increase in legal expenses. recommendation includes actual to the 41 participating States plus the $5 No changes in the State revenue revenues collected through the end of million established for ‘‘the entitlements were recommended, and August 2019. The Plan will now administrative costs associated with the the entitlement figures for 2020 and terminate collections for each unified carrier registration plan and 2021 for the 41 participating States are registration year on September 30 of the agreement’’ (49 U.S.C. the same as those previously approved following year, instead of the previous 14504a(d)(7)(A)(i)). The maximum for the years 2010 through 2019. termination date of December 31 of the revenue entitlements for each of the 41 Therefore, for registration years 2020 following year. For the only remaining participating States, established in and thereafter, the UCR Plan now month of collections for 2018 accordance with 49 U.S.C. 14504a(g), recommends approval of a total revenue (September 2019), the UCR Plan were set out in a table attached to the target of $111,770,060. February 25, 2019, recommendation. estimated the minimum projection of On August 27, 2019, FMCSA revenue collections for that month by VII. Discussion of the Comments published a notice of proposed summing the collections within each of rulemaking (NPRM) reflecting the the registration years 2013 through FMCSA received three comments in February 25 recommendation from the 2015 4 and then comparing across years response to the NPRM. UCR Board (84 FR 44826). The NPRM to find the minimum total amount. This Unified Carrier Registration Plan Board requested comments addressing both is the same methodology used to project of Directors the proposed adjustment in the fees and collections and estimate fees in the the separate new total revenue target previous fee adjustment rulemaking (83 As explained above, a comment was recommendation by September 6, 2019. FR 67124, 67126, December 28, 2018). submitted by the UCR Plan Board of In comments submitted on September Under 49 U.S.C. 14504a(d)(7), the Directors by its Acting Chairperson 6, 2019, following a vote of the Plan’s costs incurred by the UCR Plan to Elizabeth Leaman providing more board of directors on September 5, the administer the UCR Agreement are current financial data since several Plan updated its recommendations for eligible for inclusion in the total months had elapsed since the Board’s the fee adjustments and provided a revenue target, in addition to the initial fee recommendation was revised analysis supporting the revenue entitlements for the submitted in February and revenue recommendation. The principal participating States. The total revenue collections were exceeding the previous components of the revised analysis target for registration years 2010 to estimates. This comment also requested were: (1) An increase in the 2018, as approved in the 2010 final rule approval of an increased allowance for recommended amount for (75 FR 21993, April 27, 2010), was administrative costs above what was administrative costs of the UCR $112,777,060, including $5,000,000 for originally requested in the February 25, Agreement from $3.2 million to $4 administrative costs. The final rule 2019, recommendation for both 2020 million; and (2) an update in the establishing the fees for the 2019 and 2021. The net effect was a slight amount of actual and estimated revenue registration year was based on an reduction in the fees recommended for collections for 2018. In the original allowance for administrative costs of 2020, as shown in the table below:

1000 and 1–2 3–5 6–20 21–100 101–1000 above

2020 Fee (Original) ...... $60 $180 $357 $1,248 $5,946 $58,060 2020 Fee (Updated) ...... 59 176 351 1,224 5,835 56,977

The comment also included an that by the end of the collection period the fees for 2021 and after be set at the analysis of the revenues already for the 2019 registration year on same level as the fees for 2020. received from the fees put into effect at September 30, 2020, revenues would FMCSA has conducted an analysis of the beginning of the 2019 registration exceed the statutory maximum revenue the Plan’s revised recommendation. It year and accounted for the need to carry by approximately $7.7 million. The Plan accepts the adjustment in the 2020 fees over the amount of excess revenues therefore made a recommendation that that would result in a slightly lower from a previous year. It then determined level of fees than proposed in the

3 The February 25, 2019, recommendation from 4 Collections for registration year 2016 are not finalized at the time of the UCR Plan the UCR Plan and all related tables are available in available for use for this purpose because recommendation. the docket. registration and fee collection for that year was not

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NPRM. It also accepts the revenues of any incorrect registrations STATE UCR REVENUE ENTITLEMENTS recommendation to keep the fees at the by intrastate motor carriers. It appears AND FINAL 2020 TOTAL REVENUE same level after 2020, instead of the from the information submitted for the TARGET increase from 2020 to 2021 proposed in record by the UCR Plan in its comments the NPRM. This change from the that, since 2019 registrations began, Total 2020 proposal in the NPRM is necessary to revenue collections by the Plan and the State UCR revenue entitlements conform to the maximum revenue target participating States through August established by statute. If future 2019 have already generated almost Alabama ...... $2,939,964.00 circumstances warrant further $104 million towards the 2019 total Arkansas ...... 1,817,360.00 adjustment in the fee levels for 2021 or revenue target of just over $111 million. California ...... 2,131,710.00 subsequent years, either to ensure that The UCR Plan anticipates receiving an Colorado ...... 1,801,615.00 the participating States receive the Connecticut ...... 3,129,840.00 additional amount of over $4 million revenues to which they are entitled, or Georgia ...... 2,660,060.00 to ensure that the statutory maximum is when 2019 registration closes in Idaho ...... 547,696.68 not exceeded, then the UCR Plan can September 2020. FMCSA considers it Illinois ...... 3,516,993.00 request an adjustment in accordance unlikely that incorrect registration of Indiana ...... 2,364,879.00 with 49 U.S.C. 14504a(d)(7) and/or intrastate motor carriers will have any Iowa ...... 474,742.00 significant impact on the revenues Kansas ...... 4,344,290.00 (h)(4). Kentucky ...... 5,365,980.00 derived from the fees. Small Business in Transportation Louisiana ...... 4,063,836.00 Coalition Daniel Rodriguez Maine ...... 1,555,672.00 Massachusetts ...... 2,282,887.00 The comment from the Small Mr. Rodriguez submitted a comment Michigan ...... 7,520,717.00 Business in Transportation Coalition stating that lowering the fees would be Minnesota ...... 1,137,132.30 (SBTC) asserts that since October 1, Missouri ...... 2,342,000.00 good for trucking companies. The 2018, the UCR Plan has been collecting Mississippi ...... 4,322,100.00 continuing reduction in the fees after fees from ‘‘intrastate carriers’’ under the Montana ...... 1,049,063.00 new registration system. SBTC claims 2020 would provide additional benefits Nebraska ...... 741,974.00 New Hampshire ...... 2,273,299.00 that such collections from ‘‘intrastate to trucking companies and other entities required to register with the UCR Plan. New Mexico ...... 3,292,233.00 carriers’’ are unlawful and could require New York ...... 4,414,538.00 refunds that might affect the revenues VIII. Approval of Total Revenue Target North Carolina ...... 372,007.00 available for distribution to the North Dakota ...... 2,010,434.00 participating States and for the costs of The comments from the UCR Plan, as Ohio ...... 4,813,877.74 administering the UCR Agreement. indicated above, addressed the Oklahoma ...... 2,457,796.00 These concerns were, according to adjustment proposed in the NPRM in Pennsylvania ...... 4,945,527.00 SBTC, also communicated directly to Rhode Island ...... 2,285,486.00 the total revenue target to $111,002,060, South Carolina ...... 2,420,120.00 the UCR Plan without any response. based on the original recommendation FMCSA has considered the concerns South Dakota ...... 855,623.00 in February, which reflected a reduction Tennessee ...... 4,759,329.00 expressed by SBTC, and has concluded in the amount of the administrative Texas ...... 2,718,628.06 that they do not require any adjustment costs from $3,500,000 to $3,225,000. Utah ...... 2,098,408.00 in the fees established by this final rule. The UCR Plan is now recommending an Virginia ...... 4,852,865.00 An intrastate motor carrier operating in Washington ...... 2,467,971.00 adjustment up to $4,000,000 for any one of 37 States must register with West Virginia ...... 1,431,727.03 the Agency and receive a USDOT administrative costs, resulting in a total Wisconsin ...... 2,196,680.00 number (see 49 U.S.C. 31134(a) and (e) revenue target of $111,777,060. The Sub-Total ...... 106,777,059.81 and https://www.fmcsa.dot.gov/ adjustment is based on an analysis Alaska ...... 500,000.00 registration/do-i-need-usdot-number). It approved by the board of directors that Delaware ...... 500,000.00 indicated that legal expenses for the is the responsibility of the carrier to Total State Revenue indicate correctly when registering with administration of the UCR Agreement Entitlement ...... 107,777,060.00 FMCSA whether it is an intrastate motor will be significantly higher on an carrier. FMCSA does provide ongoing basis. Therefore, in accordance Administrative Costs .... 4,000,000.00 information to the UCR Plan about with 49 U.S.C. 14504a(d)(7) and (g)(4), motor carriers that are issued USDOT FMCSA approves the following table of Total Revenue Target 111,777,060.00 numbers for the purpose of State revenue entitlements, administering the UCR Agreement (cf. administrative costs, and the total IX. International Impacts 49 U.S.C. 13908). It is the responsibility revenue target under the UCR Motor carriers and other entities of each motor carrier to determine if it Agreement, as proposed in the NPRM involved in interstate and foreign is required to register with the UCR Plan and revised to reflect the updated transportation in the United States that under the UCR Agreement because it is recommendation. These State revenue do not have a principal office in the an interstate carrier, including carriers entitlements, the administrative costs, United States are nonetheless subject to engaged in interstate transportation in a and the total revenue target will remain the fees for the UCR Plan. They are single state that involved a prior or in effect for 2020 and subsequent years required to designate a participating subsequent movement across a State unless and until approval of a revision State as a base State and pay the line. occurs. appropriate fees to that State. 49 U.S.C. SBTC has not provided any data on 14504a(a)(2)(B)(ii) and (f)(4). the number of intrastate carriers, if any, that have registered incorrectly or have X. Section-by-Section Analysis been registered incorrectly by a third- Under this final rule, provisions of 49 party service. It has also not provided CFR 367.60 (which were adopted in the any estimate of the impact on the December 28, 2018, final rule) are

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revised to establish new reduced fees B. E.O. 13771 Reducing Regulation and section 601 of the RFA. Specifically, applicable beginning in registration year Controlling Regulatory Costs States are not considered small 2020. These fees will remain in effect in This final rule is not an E.O. 13771 governmental jurisdictions under subsequent registration years unless and regulatory action because this rule is not section 601(5) of the RFA, both because until revised, so the new 49 CFR 367.70 significant under E.O. 12866.5 State government is not included among proposed in the NPRM is not necessary the various levels of government listed and will not be adopted. C. Congressional Review Act in section 601(5), and because, even if Pursuant to the Congressional Review this were the case, no State nor the XI. Regulatory Analyses Act (5 U.S.C. 801, et seq.), the Office of District of Columbia has a population of A. E.O. 12866 (Regulatory Planning and Information and Regulatory Affairs less than 50,000, which is the criterion by which a governmental jurisdiction is Review), E.O. 13563 (Improving designated this rule as not a ‘‘major 6 considered small under section 601(5) Regulation and Regulatory Review), and rule,’’ as defined by 5 U.S.C. 804(2). of the RFA. DOT Regulatory Policies and Procedures D. Regulatory Flexibility Act The Small Business Administration FMCSA determined that this final The Regulatory Flexibility Act of 1980 (SBA) size standard for a small entity rule is not a significant regulatory action (RFA) (5 U.S.C. 601 et seq.), as amended (13 CFR 121.201) differs by industry under section 3(f) of E.O. 12866, 58 FR by the Small Business Regulatory code. The entities affected by this rule fall into many different industry codes. 51735 (October 4, 1993), Regulatory Enforcement Fairness Act of 1996 In order to determine if this rule would Planning and Review, as supplemented (SBREFA) (Pub. L. 104–121, 110 Stat. have an impact on a significant number by E.O. 13563, Improving Regulation 857), requires Federal agencies to consider the impact of their regulatory of small entities, FMCSA examined the and Regulatory Review (76 FR 3821, 2012 Economic Census 8 data for two January 21, 2011), and does not require proposals on small entities, analyze effective alternatives that minimize different industries; truck transportation an assessment of potential costs and small entity impacts, and make their (Subsector 484) and transit and ground benefits under section 6(a)(3) of that analyses available for public comment. transportation (Subsector 485). Order. Accordingly, OMB has not The term ‘‘small entities’’ means small According to the 2012 Economic reviewed it under that Order. It is also businesses and not-for-profit Census, approximately 99 percent of not significant within the meaning of organizations that are independently truck transportation firms, and DOT regulatory policies and procedures owned and operated and are not approximately 97 percent of transit and (DOT Order 2100.6 dated Dec. 20, 2018). dominant in their fields, and ground transportation firms, had annual The changes imposed by this final governmental jurisdictions with revenue less than the SBA revenue rule adjust the registration fees paid by populations under 50,000.7 threshold of $27.5 million and $15 motor carriers, motor private carriers of Accordingly, DOT policy requires an million, respectively. Therefore, FMCSA property, brokers, freight forwarders, analysis of the impact of all regulations has determined that this rule will and leasing companies to the UCR Plan on small entities, and mandates that impact a substantial number of small entities. and the participating States. Fees are agencies strive to lessen any adverse effects on these entities. Section 605 of However, FMCSA has determined considered by OMB Circular A–4, that this rule will not have a significant Regulatory Analysis, as transfer the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if impact on the affected entities. The payments, not costs. Transfer payments effect of this rule will be to reduce the the rulemaking is not expected to have are payments from one group to another registration fee motor carriers, motor a significant economic impact on a that do not affect total resources private carriers of property, brokers, substantial number of small entities. available to society. By definition, freight forwarders, and leasing transfers are not considered in the This rule will directly affect the participating States, motor carriers, companies are currently required to pay. monetization of societal costs and The reduction will range from benefits of rulemakings. motor private carriers of property, brokers, freight forwarders, and leasing approximately $3 to $2,712 per entity This rule establishes reductions in the companies. Under the standards of the depending on the number of vehicles annual registration fees for the UCR RFA, as amended by the SBREFA, the owned and/or operated by the affected Plan and Agreement. The entities participating States are not considered entities. FMCSA asserts that the affected by this rule are the participating small entities because they do not meet reduction in fees will not have a States, motor carriers, motor private the definition of a small entity in significant impact on the affected small carriers of property, brokers, freight entities. Accordingly, I hereby certify forwarders, and leasing companies. 5 Executive Office of the President, Office of that this rule will not have a significant Because the State UCR revenue Management and Budget. Guidance Implementing economic impact on a substantial entitlements will remain unchanged, the Executive Order 13771, Titled ‘‘Reducing number of small entities. Regulation and Controlling Regulatory Costs.’’ participating States will not be impacted Memorandum M–17–21. April 5, 2017. E. Assistance for Small Entities by this rule. The primary impact of this 6 A ‘‘major rule’’ means any rule that the In accordance with section 213(a) of rule will be a reduction in fees paid by Administrator of Office of Information and the SBREFA, FMCSA wants to assist individual motor carriers, motor private Regulatory Affairs at the Office of Management and Budget finds has resulted in or is likely to result small entities in understanding this carriers of property, brokers, freight in (a) an annual effect on the economy of $100 final rule so that they can better forwarders, and leasing companies. The million or more; (b) a major increase in costs or evaluate its effects on themselves and reduction of the current 2019 prices for consumers, individual industries, Federal agencies, State agencies, local government agencies, participate in the rulemaking initiative. registration year fees (finalized on or geographic regions; or (c) significant adverse December 28, 2018) ranges from effects on competition, employment, investment, 8 U.S. Census Bureau, 2012 US Economic Census. approximately $3 to $2,712 per entity, productivity, innovation, or on the ability of United Available at: https://factfinder.census.gov/faces/ depending on the number of vehicles States-based enterprises to compete with foreign- tableservices/jsf/pages/ _ _ _ owned or operated by the affected based enterprises in domestic and export markets productview.xhtml?pid=ECN 2012 US (5 U.S.C. 804(2)). 48SSSZ4&prodType=table (accessed October 24, entities. 7 Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 2018).

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If the final rule would affect your small have substantial direct costs on or for M. E.O. 12372 (Intergovernmental business, organization, or governmental States, nor would it limit the Review) jurisdiction and you have questions policymaking discretion of States. The regulations implementing E.O. concerning its provisions or options for Nothing in this document preempts any 12372 regarding intergovernmental compliance, please consult the FMCSA State law or regulation, imposes consultation on Federal programs and point of contact, Gerald Folsom, listed substantial direct unreimbursed activities do not apply to this program. in the FOR FURTHER INFORMATION compliance costs on any State, or CONTACT section of this final rule. diminishes the power of any State to N. E.O. 13211 (Energy Supply, Small businesses may send comments enforce its own laws. As detailed above, Distribution, or Use) on the actions of Federal employees the UCR Board includes substantial FMCSA has analyzed this final rule who enforce or otherwise determine State representation. The States have under E.O. 13211, Actions Concerning compliance with Federal regulations to already had opportunity for input Regulations That Significantly Affect the Small Business Administration’s through their representatives. Energy Supply, Distribution, or Use. Small Business and Agriculture Accordingly, this rulemaking does not The Agency has determined that this Regulatory Enforcement Ombudsman have federalism implications warranting rule is not a ‘‘significant energy action’’ and the Regional Small Business the application of E.O. 13132. under that order because it is not a Regulatory Fairness Boards. The ‘‘significant regulatory action’’ likely to I. E.O. 12988 (Civil Justice Reform) Ombudsman evaluates these actions have a significant adverse effect on the annually and rates each agency’s This final rule meets applicable supply, distribution, or use of energy. responsiveness to small business. If you standards in sections 3(a) and 3(b)(2) of Therefore, it does not require a wish to comment on actions by E.O. 12988, Civil Justice Reform, to Statement of Energy Effects under E.O. employees of FMCSA, call 1–888–REG– minimize litigation, eliminates 13211. FAIR (1–888–734–3247). DOT has a ambiguity, and reduce burden. policy regarding the rights of small O. E.O. 13175 (Indian Tribal entities to regulatory enforcement J. E.O. 13045 (Protection of Children) Governments) fairness and an explicit policy against E.O. 13045, Protection of Children This rule does not have Tribal retaliation for exercising these rights. from Environmental Health Risks and implications under E.O. 13175, Safety Risks, 62 FR 19885 (April 23, Consultation and Coordination with F. Unfunded Mandates Reform Act of Indian Tribal Governments, because it 1995 1997), requires agencies issuing ‘‘economically significant’’ rules, if the does not have a substantial direct effect The Unfunded Mandates Reform Act regulation also concerns an on one or more Indian Tribes, on the of 1995 (2 U.S.C. 1531–1538) requires environmental health or safety risk that relationship between the Federal Federal agencies to assess the effects of an agency has reason to believe may Government and Indian Tribes, or on their discretionary regulatory actions. In disproportionately affect children, to the distribution of power and particular, the Act addresses actions responsibilities between the Federal include an evaluation of the regulation’s that may result in the expenditure by a Government and Indian Tribes. environmental health and safety effects State, local, or Tribal government, in the on children. The Agency determined P. National Technology Transfer and aggregate, or by the private sector of this final rule is not economically Advancement Act (Technical $165 million (which is the value significant. Therefore, no analysis of the Standards) equivalent of $100 million in 1995, impacts on children is required. In any adjusted for inflation to 2018 levels) or The National Technology Transfer event, the Agency does not anticipate more in any one year. Though this final and Advancement Act (15 U.S.C. 272 that this regulatory action could in any rule will not result in any such note) directs agencies to use voluntary respect present an environmental or expenditure, the Agency discusses the consensus standards in their regulatory safety risk that could disproportionately effects of this rule elsewhere in this activities unless the agency provides affect children. preamble. Congress, through OMB, with an K. E.O. 12630 (Taking of Private explanation of why using these G. Paperwork Reduction Act Property) standards would be inconsistent with Under the Paperwork Reduction Act applicable law or otherwise impractical. of 1995 (PRA) (44 U.S.C. 3501 et seq.), FMCSA reviewed this final rule in Voluntary consensus standards (e.g., Federal agencies must obtain approval accordance with E.O. 12630, specifications of materials, performance, from OMB for each collection of Governmental Actions and Interference design, or operation; test methods; information they conduct, sponsor, or with Constitutionally Protected Property sampling procedures; and related require through regulations. FMCSA Rights, and has determined it will not management systems practices) are determined that no information effect a taking of private property or standards that are developed or adopted collection requirements are associated otherwise have taking implications. by voluntary consensus standards with this final rule. Therefore, the PRA L. Privacy Impact Assessment bodies. This rule does not use technical does not apply to this final rule. standards. Therefore, FMCSA did not Section 522 of title I of division H of consider the use of voluntary consensus H. E.O. 13132 (Federalism) the Consolidated Appropriations Act, standards. A rule has implications for federalism 2005, enacted December 8, 2004 (Pub. L. under section 1(a) of E.O. 13132 if it has 108–447, 118 Stat. 2809, 3268, 5 U.S.C. Q. National Environmental Policy Act ‘‘substantial direct effects on the States, 552a note), requires the Agency to FMCSA analyzed this rule for the on the relationship between the national conduct a privacy impact assessment of purpose of the National Environmental government and the States, or on the a regulation that will affect the privacy Policy Act of 1969 (42 U.S.C. 4321 et distribution of power and of individuals. This rule does not seq.) and determined this action is responsibilities among the various require the collection of personally categorically excluded from further levels of government.’’ FMCSA has identifiable information and will not analysis and documentation in an determined that this rule would not affect the privacy of individuals. environmental assessment or

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environmental impact statement under the quality of the environment. The CE PART 367—STANDARDS FOR FMCSA Order 5610.1, 69 FR 9680 determination is available in the docket. REGISTRATION WITH STATES (March 1, 2004), Appendix 2, paragraph List of Subjects in 49 CFR Part 367 6.h. The Categorical Exclusion (CE) in ■ 1. The authority citation for part 367 paragraph 6.h. covers regulations and Insurance, Intergovernmental continues to read as follows: actions taken pursuant to the relations, Motor carriers, Surety bonds. Authority: 49 U.S.C. 13301, 14504a; and 49 regulations implementing procedures to CFR 1.87. collect fees that will be charged for For the reasons discussed in the ■ 2. Revise § 367.60 to read as follows: motor carrier registrations. The content preamble, FMCSA is amending title 49 CFR chapter III, part 367 as follows: § 367.60 Fees under the Unified Carrier in this rule is covered by this CE and the Registration Plan and Agreement for final action does not have any effect on registration years beginning in 2020.

TABLE 1 TO § 367.60—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION YEAR 2020 AND EACH SUBSEQUENT REGISTRATION YEAR THEREAFTER

Number of commercial motor vehicles owned or Fee per entity for operated by exempt or exempt or non-exempt Bracket non-exempt motor motor carrier, motor Fee per entity for broker carrier, motor private private carrier, or or leasing company carrier, or freight freight forwarder forwarder

B1 ...... 0–2 ...... $59 $59 B2 ...... 3–5 ...... 176 B3 ...... 6–20 ...... 351 B4 ...... 21–100 ...... 1,224 B5 ...... 101–1,000 ...... 5,835 B6 ...... 1,001 and above ...... 56,977

Issued under authority delegated in 49 CFR Commission (IATTC) Resolution C–18– C–18–06 (Resolution (Amended) on a 1.87 on: 06 (Resolution (Amended) on a Regional Regional Vessel Register) and Dated: January 24, 2020. Vessel Register) and amendments to amendments to existing regulations Jim Mullen, existing regulations governing inclusion governing inclusion on the Vessel Acting Administrator. on the IATTC Regional Vessel Register Register by purse seine vessels fishing [FR Doc. 2020–01761 Filed 2–12–20; 8:45 am] (Vessel Register) by purse seine vessels in the EPO. That final rule is effective BILLING CODE 4910–EX–P fishing in the eastern Pacific Ocean January 21, 2020 that included new or (EPO). The December 20th final rule revised information collections, which inadvertently contained provisions are delayed until publication of a DEPARTMENT OF COMMERCE allowing for the collection of a document in the Federal Register ‘‘business email address’’ without Office announcing the effective date. National Oceanic and Atmospheric of Management and Budget (OMB) Administration approval under the Paperwork The final rule amended paragraphs 50 Reduction Act. This amendment is CFR 300.22(b)(4)(ii)(A) and 50 CFR 50 CFR Part 300 necessary to correct those two revised 300.22(b)(4)(iii)(B) to require a collection-of-information requirements, ‘‘business email address’’ in the written [Docket No. 200121–0025] because they became effective before notification from purse seine vessels RIN 0648–BH48 approval by OMB. with a carrying capacity of 400 short DATES: Effective February 13, 2020. tons or less requesting active or inactive International Fisheries; Pacific Tuna ADDRESSES: Copies of supporting status on the Vessel Register. The Fisheries; Procedures for the Active documents are available via the Federal provision requiring a ‘‘business email and Inactive Vessel Register; eRulemaking Portal: http:// address’’ in 50 CFR 300.22(b)(4)(ii)(A) Correction www.regulations.gov, docket NOAA– and 50 CFR 300.22(b)(iii)(B) is a AGENCY: National Marine Fisheries NMFS–2018–0030, or by contacting collection-of-information requirement Service (NMFS), National Oceanic and Daniel Studt, NMFS West Coast Region, subject that was submitted for review Atmospheric Administration (NOAA), 501 W Ocean Blvd., Suite 4200, Long and approval by OMB under the Commerce. Beach, CA 90802, or emailing Paperwork Reduction Act (PRA) under ACTION: Final rule; Correcting [email protected]. control number 0648–0387 upon amendment. FOR FURTHER INFORMATION CONTACT: publication of the December 20 final Daniel Studt, NMFS, West Coast Region, rule. The business email address SUMMARY: On December 20, 2019, NMFS 562–980–4073. requirement found in these paragraphs published a final rule under the Tuna SUPPLEMENTARY INFORMATION: is not yet approved and the regulatory Conventions Act of 1950 (TCA), as text is corrected here. Once reviewed Federal Register Correction amended, and the Marine Mammal and approved by OMB, NMFS will issue Protection Act (MMPA), as amended, to On December 20, 2019, NMFS another correcting amendment that implement International Maritime published a final rule in the Federal implements the requirement for a Organization (IMO) requirements in Register (84 FR 70040) to implement ‘‘business email address’’. Inter-American Tropical Tuna IMO requirements in IATTC Resolution

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Classification Authority: 16 U.S.C. 951 et seq. DEPARTMENT OF COMMERCE This final rule has been determined to ■ 2. In § 300.22, revise paragraphs National Oceanic and Atmospheric be not significant for the purposes of (b)(4)(ii)(A) and (b)(4)(iii)(B) to read as Administration Executive Order 12866. This rule is not follows: an Executive Order 13771 regulatory 50 CFR Part 648 action because this rule is not § 300.22 Recordkeeping and reporting significant under Executive Order requirements. [Docket No. 200204–0043] 12866. * * * * * This final rule correction amends two RIN 0648–XX032 paragraphs that contain existing (b) * * * collection-of-information requirements (4) * * * Atlantic Surfclam and Ocean Quahog Fisheries; 2020 Fishing Quotas for approved by the Office of Management (ii) * * * and Budget (OMB) under the Paperwork Atlantic Surfclams and Ocean Reduction Act (PRA) under control (A) To request a purse seine vessel of Quahogs; and Suspension of Minimum number 0648–0387. 400 st (362.8 mt) carrying capacity or Atlantic Surfclam Size Limit The NOAA Assistant Administrator less be listed on the Vessel Register and for Fisheries (AA) finds that the need to be categorized as active, the vessel AGENCY: National Marine Fisheries immediately implement this regulatory owner or managing owner must submit Service (NMFS), National Oceanic and correction constitutes good cause to to the HMS Branch written notification Atmospheric Administration (NOAA), waive the requirements to provide prior including, but not limited to, a vessel Commerce. notice and opportunity for public photograph, the vessel information as ACTION: Final rule. comment pursuant to the authority set described under paragraph (b)(3) of this SUMMARY: forth in 5 U.S.C. 553(b)(B) of the NMFS announces that the section, and the owner or managing quotas for the Atlantic surfclam and Administrative Procedure Act (APA), owner’s signature and business because prior notice and opportunity for ocean quahog fisheries for 2020 will telephone and fax numbers. If a purse remain status quo. NMFS also suspends public comment on this final rule is seine vessel of 400 st (362.8 mt) carrying unnecessary and contrary to the public the minimum size limit for Atlantic capacity or less is required by the surfclams for the 2020 fishing year. interest. Such procedures are Agreement on the IDCP to carry an unnecessary and contrary to the public Regulations for these fisheries require observer, the vessel owner or managing interest, because the rules implementing NMFS to notify the public of the owner must also submit payment of the revisions and updates to NMFS’ Tuna allowable harvest levels for Atlantic vessel assessment fee to the IATTC. Convention Act regulations have surfclams and ocean quahogs from the already been subject to notice and * * * * * Exclusive Economic Zone if the previous year’s quota specifications comment and not correcting the (iii) * * * regulatory text would result in remain unchanged. (B) To request a tuna purse seine confusion and uncertainty for the DATES: Effective January 1, 2020, vessel of 400 st (362.8 mt) carrying affected entities. through December 31, 2020. capacity or less be listed on the Vessel For the aforementioned reasons, the FOR FURTHER INFORMATION CONTACT: AA also finds good cause to waive the Register and categorized as inactive for Laura Hansen, Fishery Management 30-day delay in the effectiveness of this the following calendar year, the vessel Specialist, 978–281–9225. owner or managing owner must submit action under 5 U.S.C. 553(d)(3). SUPPLEMENTARY INFORMATION: The to the HMS Branch a written These measures are thus exempt from Atlantic Surfclam and Ocean Quahog the procedures of the Regulatory notification including, but not limited Fishery Management Plan (FMP) Flexibility Act because prior notice and to, the vessel name and registration requires that NMFS issue a notice in the comment are not required under the number and the vessel owner or Federal Register of the upcoming year’s APA. managing owner’s name, signature, quota, even if the quota remains List of Subjects in 50 CFR Part 300 business address, and business unchanged from the previous year. At telephone and fax numbers. Payment of its April 2019 meeting, the Mid-Atlantic Fish, Fisheries, Fishing, Fishing the vessel assessment fee is not required Fishery Management Council approved vessels, Reporting and recordkeeping for vessels of 400 st (362.8 mt) carrying changes to the overfishing limits (OFL) requirements. capacity or less to be categorized as for the 2019 and 2020 fishing years. The Dated: January 21, 2020. inactive. OFL for the 2020 fishing year is 74,110 Samuel D. Rauch III, * * * * * mt. The annual catch targets and Deputy Assistant Administrator for [FR Doc. 2020–01198 Filed 2–12–20; 8:45 am] commercial quota remain unchanged by Regulatory Programs, National Marine BILLING CODE 3510–22–P the modification to the OFL. At its June Fisheries Service. 2019 meeting, the Council For the reasons set out in the recommended no change to the quota preamble, 50 CFR part 300 is corrected specifications for Atlantic surfclams and by making the following correcting ocean quahogs for the 2020 fishing year. amendments: We are announcing 2020 quota levels of 3.4 million bushels (bu) (181 million L) PART 300—INTERNATIONAL for Atlantic surfclams, 5.33 million bu FISHERIES REGULATIONS (288 million L) for ocean quahogs, and Subpart C—Eastern Pacific Tuna 100,000 Maine bu (3.52 million L) for Fisheries Maine ocean quahogs. These quotas were published as projected 2020 limits ■ 1. The authority citation for part 300, in the Federal Register on February 6, subpart C, continues to read as follows: 2018 (83 FR 5212). This rule establishes

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these quotas as unchanged from 2019 Dated: February 4, 2020. Fishery Management Council (Council) and final. Samuel D. Rauch III, at its November 14–20, 2019 meeting. The regulations at 50 CFR 648.75(b)(3) Deputy Assistant Administrator for These recommendations included allow the Regional Administrator, to Regulatory Programs, National Marine adjustments to the trip limits for vessels annually suspend, the minimum size Fisheries Service. in the limited entry fixed gear (LEFG) limit for Atlantic surfclams unless [FR Doc. 2020–02533 Filed 2–12–20; 8:45 am] and open access (OA) fisheries that are discard, catch, and biological sampling BILLING CODE 3510–22–P targeting sablefish, lingcod, the Minor data indicate that 30 percent or more of Slope rockfish complex and the Atlantic surfclam resource have a darkblotched rockfish, the Minor shell length less than 4.75 inches (121 DEPARTMENT OF COMMERCE Nearshore Rockfish complex, deeper nearshore rockfish complex, and mm) and the overall reduced size is not National Oceanic and Atmospheric bocaccio for 2020, as well as attributable to harvest from beds where Administration growth of the individual clams has been adjustments to the Shorebased reduced because of density-dependent 50 CFR Part 660 individual fishing quota (IFQ) Program factors. At its June 2019 meeting, the fishery trip limits for big skate for 2020. Council recommended the Regional [Docket No. 180625576–8999–02] After publication of the final rule, three Administrator suspend the minimum RIN 0648–BJ43 publication errors were noted. size limit for Atlantic surfclams for the Need for Correction 2020 fishing year. Commercial surfclam Magnuson-Stevens Act Provisions; data for 2019 indicated that 22 percent Fisheries Off West Coast States; Three corrections are needed so that of the overall commercial landings were Pacific Coast Groundfish Fishery; the implementing regulations are composed of surfclams that were less 2019–2020 Biennial Specifications and accurate and implement the adjustments than the 4.75-in (121-mm) default Management Measures; Inseason to management measures as intended by minimum size. Adjustments; Correction the Council and described in the Based on the information available, AGENCY: National Marine Fisheries preamble of the final rule (85 FR 250). the Regional Administrator concurs Service (NMFS), National Oceanic and First, the implementing regulations on with the Council’s recommendation, Atmospheric Administration (NOAA), pages 257 and 258 of the final rule (85 and is suspending the minimum size Commerce. FR 250; January 3, 2020) for Tables 1 limit for Atlantic surfclams in the ACTION: Final rule; correcting (North) and (South) to part 660, subpart upcoming fishing year (January 1 amendments. D, included formatting errors that through December 31, 2020). inadvertently removed the label for the Classification SUMMARY: NMFS published a final rule big skate trip limits leaving a trip limit on January 3, 2020 that made routine in Line 10 of each table without a Pursuant to section 304(b)(1)(A) of the inseason adjustments to management species label. This correction would Magnuson-Stevens Act, the Assistant measures in commercial groundfish update Line 10 of each of the tables to Administrator for Fisheries, NOAA, has fisheries. This action corrects include the label of ‘‘Big Skate’’ for determined that this rule is consistent publication errors in the trip limit tables those trip limits. with the Atlantic Surfclam and Ocean for non-individual fishing quota (IFQ) Quahog FMP, other provisions of the species and limited entry fixed gear Second, the implementing regulations Magnuson-Stevens Act, and other (LEFG) vessels that were implemented on page 260, Table 2 (South) to part 660, applicable law. through the final rule. subpart E, inadvertently omitted the This action does not introduce any DATES: Effective February 13, 2020. Council’s recommended decrease to the trip limit for LEFG vessels targeting new reporting, recordkeeping, or other FOR FURTHER INFORMATION CONTACT: sablefish between 40°10′ North latitude compliance requirements. This rule Karen Palmigiano, NMFS West Coast (N lat.) and 36° N lat. from ‘‘1,700 does not duplicate, overlap, or conflict Regional Office, telephone: 206–526– pounds (lb) (771 kilograms [kg]) per with other Federal rules. 4491 or email: karen.palmigiano@ noaa.gov. week, not to exceed 5,100 lb (2,313 kg) This rule is exempt from the per two months’’ to ‘‘1,300 lb (560 kg) requirements of E.O. 12866. SUPPLEMENTARY INFORMATION: per week, not to exceed 3,900 (1,769 kg) This rule is not expected to be an E.O. Electronic Access per two months.’’ This correction would 13771 regulatory action because this replace the current limit in Line 6 of rule is not significant under E.O. 12866. This final rule is accessible via the Table 2 (South) with the new lower trip internet at the Office of the Federal limit for LEFG vessels targeting The Chief Counsel for Regulation of Register’s website at http:// the Department of Commerce certified sablefish between 40°10′ N lat. and 36° www.gpoaccess.gov/fr/index.html. N lat consistent with the Council’s to the Chief Counsel for Advocacy of the Background information and documents Small Business Administration during intent and as described in the preamble are available at the Pacific Fishery to the final rule. the proposed rule stage that this action Management Council’s (Council’s) would not have a significant economic website at http://www.pcouncil.org/. Lastly, the implementing regulations impact on a substantial number of small on 260, Table 2 (South) to part 660, entities. The factual basis for this Background subpart E, included a formatting error in certification was published in the NMFS published a final rule (85 FR Line 39 that inadvertently removed the proposed rule and is not repeated here. 250; January 3, 2020), effective January label for the Pacific cod trip limit No comments were received regarding 2, 2020, that made routine inseason leaving a trip limit in Line 39 without this certification. As a result, a adjustments to managements measures a species label. This action would regulatory flexibility analysis was not in commercial groundfish fisheries. The update Line 39 of Table 2 (South) to required and none was prepared. final rule implemented include the label of ‘‘Pacific Cod’’ for Authority: 16 U.S.C. 1801 et seq. recommendations made by the Pacific the trip limits on Line 39.

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Classification these adjustments during public This action is taken under the comment at the Council’s November authority of 50 CFR 660.60(c) and is Pursuant to 5 U.S.C. 553(b)(B), the meeting. The preamble to the January 3, exempt from review under Executive Assistant Administrator for Fisheries 2020, final rule also correctly describes Order 12866. (AA) finds there is good cause to waive the intent of the regulations. These prior notice and an opportunity for corrections will not affect the results of List of Subjects in 50 CFR Part 660 public comment on this correction, as analyses conducted to support notice and comment would be Fisheries, Fishing, and Indian management decisions in the Pacific Fisheries. unnecessary and contrary to public Coast Groundfish fishery nor change interest. Notice and comment are any operating practices in the fishery. Dated: January 29, 2020. unnecessary and contrary to the public For the same reasons stated above, the Jennifer M. Wallace, interest because this action corrects AA has determined that good cause Acting Director, Office of Sustainable inadvertent errors in regulations made exists to waive the 30-day delay in Fisheries, National Marine Fisheries Service. in the final rule published on January 3, effectiveness pursuant to 5 U.S.C. 2020 (85 FR 250), and immediate notice 553(d). This notice makes only minor For reasons explained in the of the error and correction is necessary corrections to the final rule which was preamble, 50 CFR part 660 is corrected to prevent confusion among participants effective January 2, 2020. Delaying by making the following correcting in the fishery that could result in issues effectiveness of these corrections would amendments: with reporting, recordkeeping, and result in conflicts in the regulations and enforcement. To effectively correct the confusion among fishery participants. PART 660—FISHERIES OFF WEST errors, the changes in this action must Because prior notice and an opportunity COAST STATES go into effect upon publication. In for public comment are not required to addition, notice and comment is be provided for this rule by 5 U.S.C. ■ 1. The authority citation for part 660 unnecessary because this action makes 553, or any other law, the analytical continues to read as follows: only minor changes to correct the final requirements of the Regulatory Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. rule. The public, states and the Council Flexibility Act, 5 U.S.C. 601 et seq., are 773 et seq., and 16 U.S.C. 7001 et seq. are aware of the correct intent of the not applicable. Accordingly, no regulations through the Council’s public Regulatory Flexibility Analysis is ■ 2. Tables 1 (North) and (South) to part process used to develop the final rule required for this rule and none has been 660, subpart D are corrected to read as and had the opportunity to comment on prepared. follows:

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* * * * * ■ 2. Table 2 (South) to part 660, subpart E is corrected to read as follows:

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* * * * * [FR Doc. 2020–02044 Filed 2–12–20; 8:45 am] BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 85, No. 30

Thursday, February 13, 2020

This section of the FEDERAL REGISTER Little Rock, AR, and Tulsa, OK, defined to the Tulsa wage area. contains notices to the public of the proposed appropriated fund FWS wage areas. Managed by the Forest Service, the issuance of rules and regulations. The This proposed rule would redefine the Ozark National Forest is located in parts purpose of these notices is to give interested Fort Chaffee portion of Franklin County, of 16 counties in northwestern persons an opportunity to participate in the AR, from the Little Rock wage area to Arkansas. There are FWS Forest Service rule making prior to the adoption of the final rules. the Tulsa wage area. This change is employees working in the Ozark based on a recent recommendation of National Forest portion of Franklin and FPRAC, the statutory national labor- Stone Counties. To avoid splitting the OFFICE OF PERSONNEL management committee responsible for Forest Service employees working in the MANAGEMENT advising OPM on matters affecting the Ozark National Forest between two pay of FWS employees. From time to wage areas, Franklin County also 5 CFR Part 532 time, FPRAC reviews the boundaries of continues to be appropriately defined to RIN 3206–AN95 wage areas and provides OPM with the Little Rock wage area. recommendations for changes if the However, in addition to the Forest Prevailing Rate Systems; Redefinition Committee finds that changes are Service employees currently working in of the Little Rock, Arkansas, and Tulsa, warranted. Franklin County, there are now three Oklahoma, Appropriated Fund Federal As provided by 5 CFR 532.211, this Department of the Army employees Wage System Wage Areas regulation allows consideration of the working in the portion of Fort Chaffee following criteria when defining wage located in Franklin County. The AGENCY: Office of Personnel area boundaries: distance, Department of the Army also employs Management. transportation facilities, and geographic 74 FWS employees in the portion of ACTION: Proposed rule. features; commuting patterns; and Fort Chaffee located in Sebastian similarities in overall population, County. So that the FWS employees SUMMARY: The Office of Personnel employment, and the kinds and sizes of Management (OPM) is issuing a working at Fort Chaffee are not split private industrial establishments. proposed rule that would redefine the between two wage areas, OPM proposes In addition, under OPM regulations at geographic boundaries of the Little that the Fort Chaffee portion of Franklin 5 CFR 532.211(2)(b), it is permissible for Rock, Arkansas, and Tulsa, Oklahoma, County be redefined to the Tulsa wage Metropolitan Statistical Areas (MSAs) to appropriated fund Federal Wage System area. Fort Chaffee would then be be split between FWS wage areas only (FWS) wage areas. The proposed rule entirely defined to the Tulsa wage area. in very unusual circumstances. would redefine the Fort Chaffee portion This change would provide equal pay The Office of Management and Budget of Franklin County, AR, to the Tulsa treatment for FWS employees working (OMB) defines MSAs and maintains and wage area. This change is based on a at Fort Chaffee. periodically updates the definitions of recent consensus recommendation of FPRAC, the national labor- MSA boundaries. MSAs are composed the Federal Prevailing Rate Advisory management committee responsible for of counties and are defined on the basis Committee (FPRAC). advising OPM on matters concerning of a central urbanized area—a the pay of FWS employees, DATES: Send comments on or before contiguous area of relatively high recommended this change by March 16, 2020. population density. Additional consensus. This change would be ADDRESSES: You may submit comments, surrounding counties are included in effective on the first day of the first identified by docket number and/or MSAs if they have strong social and applicable pay period beginning on or Regulatory Information Number (RIN) economic ties to central counties. after 30 days following publication of and title, by the following method: • When the boundaries of wage areas the final regulations. Federal Rulemaking Portal: http:// were first established in the 1960s, there www.regulations.gov. Follow the were fewer MSAs than there are today Regulatory Impact Analysis instructions for submitting comments. and the boundaries of the then existing This action is not a ‘‘significant All submissions received must MSAs were much smaller. Most MSAs regulatory action’’ under the terms of include the agency name and docket were contained within the boundaries of Executive Order (E.O.) 12866 (58 FR number or RIN for this document. The a wage area. With each OMB update, 51735, October 4, 1993) and is therefore general policy for comments and other MSAs have expanded and in some cases not subject to review under E.O. 12866 submissions from members of the public now extend beyond the boundaries of and 13563 (76 FR 3821, January 21, is to make these submissions available the wage area. 2011). for public viewing at http:// Crawford, Franklin, and Sebastian www.regulations.gov as they are Counties, AR, and Sequoyah County, Reducing Regulation and Controlling received without change, including any OK, comprise the Fort Smith, AR–OK Regulatory Costs personal identifiers or contact MSA. The Fort Smith MSA is split This rule is not an Executive Order information. between the Little Rock, AR, and Tulsa, 13771 regulatory action because this FOR FURTHER INFORMATION CONTACT: OK, wage areas. Crawford, Sebastian, rule is not significant under E.O. 12866. Madeline Gonzalez, by telephone at and Sequoyah Counties are part of the Regulatory Flexibility Act (202) 606–2838 or by email at pay-leave- Tulsa wage area, and Franklin County is [email protected]. part of the Little Rock wage area. OPM certifies that this rule will not SUPPLEMENTARY INFORMATION: OPM is Crawford, Sebastian, and Sequoyah have a significant economic impact on issuing a proposed rule to redefine the Counties continue to be appropriately a substantial number of small entities.

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Federalism Appendix C to Subpart B of Part 532— Canadian Cleveland We have examined this rule in Appropriated Fund Wage and Survey Areas McClain accordance with Executive Order 13132, Oklahoma Federalism, and have determined that DEFINITIONS OF WAGE AREAS AND Pottawatomie this rule will not have any negative WAGE AREA SURVEY AREAS Area of Application. Survey area plus: impact on the rights, roles and Oklahoma: responsibilities of State, local, or tribal Alfalfa governments. ***** Atoka ARKANSAS Beckham Civil Justice Reform Little Rock Blaine This regulation meets the applicable Survey Area Bryan Caddo standard set forth in Executive Order Arkansas: Jefferson Carter 12988. Pulaski Coal Unfunded Mandates Act of 1995 Saline Custer Area of Application. Survey area plus: Dewey This rule will not result in the Arkansas: Ellis expenditure by State, local, and tribal Arkansas Garfield governments, in the aggregate, or by the Ashley Garvin private sector, of $100 million or more Baxter Grady in any year and it will not significantly Boone Grant or uniquely affect small governments. Bradley Harper Calhoun Hughes Therefore, no actions were deemed Chicot Johnston necessary under the provisions of the Clay Kingfisher Unfunded Mandates Reform Act of Clark Lincoln 1995. Cleburne Logan Cleveland Love Congressional Review Act Conway Major This action pertains to agency Dallas Marshall management, personnel, and Desha Murray organization and does not substantially Drew Noble affect the rights or obligations of Faulkner Payne nonagency parties and, accordingly, is Franklin (Does not include the Fort Pontotoc Chaffee portion) Roger Mills not a ‘‘rule’’ as that term is used by the Fulton Seminole Congressional Review Act (Subtitle E of Garland Washita the Small Business ‘‘Regulatory Grant Woods Enforcement Fairness Act of 1996’’ Greene Woodward (SBREFA)). Therefore, the reporting Hot Spring Tulsa requirement of 5 U.S.C. 801 does not Independence Survey Area apply. Izard Oklahoma: Jackson Creek Paperwork Reduction Act Johnson Mayes This rule does not impose any new Lawrence Muskogee Osage reporting or record-keeping Lincoln Logan Pittsburg requirements subject to the Paperwork Lonoke Rogers Reduction Act. Marion Tulsa List of Subjects in 5 CFR Part 532 Monroe Wagoner Montgomery Area of Application. Survey area plus: Administrative practice and Newton Arkansas: procedure, Freedom of information, Ouachita Benton Government employees, Reporting and Perry Carroll recordkeeping requirements, Wages. Phillips Crawford Pike Franklin (Only includes the Fort Chaffee Office of Personnel Management. Polk portion) Alexys Stanley, Pope Madison Regulatory Affairs Analyst. Prairie Sebastian Washington Accordingly, OPM is proposing to Randolph Scott Missouri: amend 5 CFR part 532 as follows: Searcy McDonald Sharp Oklahoma: PART 532—PREVAILING RATE Stone Adair SYSTEMS Union Cherokee Van Buren Choctaw ■ 1. The authority citation for part 532 White Craig continues to read as follows: Woodruff Delaware Authority: 5 U.S.C. 5343, 5346; § 532.707 Yell Haskell also issued under 5 U.S.C. 552. Kay ***** Latimer ■ 2. In Appendix C to subpart B amend OKLAHOMA LeFlore the table by revising the wage area Oklahoma City McCurtain listings for the States of ‘‘Arkansas’’ and Survey Area McIntosh ‘‘Oklahoma’’ to read as follows: Oklahoma: Nowata

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Okfuskee Airplanes, Attention: Contractual & Data element such as a single rivet line of a Okmulgee Services (C&DS), 2600 Westminster lap splice joining two large skin panels. Ottawa Blvd., MC 110–SK57, Seal Beach, CA Widespread damage can also occur in Pawnee 90740–5600; telephone 562–797–1717; multiple elements such as adjacent Pushmataha internet https://www.myboeingfleet. frames or stringers. Multiple-site Sequoyah Washington com. You may view this referenced damage and multiple-element damage service information at the FAA, cracks are typically too small initially to ***** Transport Standards Branch, 2200 be reliably detected with normal [FR Doc. 2020–02833 Filed 2–12–20; 8:45 am] South 216th St., Des Moines, WA. For inspection methods. Without information on the availability of this intervention, these cracks will grow, BILLING CODE 6325–39–P material at the FAA, call 206–231–3195. and eventually compromise the It is also available on the internet at structural integrity of the airplane. This https://www.regulations.gov by condition is known as WFD. It is DEPARTMENT OF TRANSPORTATION searching for and locating Docket No. associated with general degradation of FAA–2020–0095. large areas of structure with similar Federal Aviation Administration structural details and stress levels. As Examining the AD Docket an airplane ages, WFD will likely occur, 14 CFR Part 39 You may examine the AD docket on and will certainly occur if the airplane [Docket No. FAA–2020–0095; Product the internet at https://www.regulations. is operated long enough without any Identifier 2019–NM–192–AD] gov by searching for and locating Docket intervention. No. FAA–2020–0095; or in person at The FAA’s WFD final rule (75 FR RIN 2120–AA64 Docket Operations between 9 a.m. and 69746, November 15, 2010) became 5 p.m., Monday through Friday, except effective on January 14, 2011. The WFD Airworthiness Directives; The Boeing Federal holidays. The AD docket rule requires certain actions to prevent Company Airplanes contains this NPRM, the regulatory structural failure due to WFD AGENCY: Federal Aviation evaluation, any comments received, and throughout the operational life of Administration (FAA), DOT. other information. The street address for certain existing transport category Docket Operations is listed above. airplanes and all of these airplanes that ACTION: Notice of proposed rulemaking Comments will be available in the AD (NPRM). will be certificated in the future. For docket shortly after receipt. existing and future airplanes subject to SUMMARY: The FAA proposes to adopt a FOR FURTHER INFORMATION CONTACT: Bill the WFD rule, the rule requires that new airworthiness directive (AD) for Ashforth, Senior Aerospace Engineer, DAHs establish a limit of validity (LOV) certain The Boeing Company Model Airframe Section, FAA, Seattle ACO of the engineering data that support the 747–8 and 747–8F series airplanes. This Branch, 2200 South 216th St., Des structural maintenance program. proposed AD was prompted by an Moines, WA 98198; phone and fax: 206– Operators affected by the WFD rule may evaluation by the design approval 231–3520; email: [email protected]. not fly an airplane beyond its LOV, holder (DAH) indicating that the skin SUPPLEMENTARY INFORMATION: unless an extended LOV is approved. The WFD rule (75 FR 69746, lap joints at certain stringers are subject Comments Invited to widespread fatigue damage (WFD). November 15, 2010) does not require This proposed AD would require The FAA invites you to send any identifying and developing maintenance modifying the left and right side lap written relevant data, views, or actions if the DAHs can show that such joints of the fuselage skin, repetitive arguments about this proposal. Send actions are not necessary to prevent post-modification inspections for your comments to an address listed WFD before the airplane reaches the cracking, and applicable on-condition under the ADDRESSES section. Include LOV. Many LOVs, however, do depend actions. The FAA is proposing this AD ‘‘Docket No. FAA–2020–0095; Product on accomplishment of future to address the unsafe condition on these Identifier 2019–NM–192–AD’’ at the maintenance actions. As stated in the products. beginning of your comments. The FAA WFD rule, any maintenance actions specifically invites comments on the necessary to reach the LOV will be DATES: The FAA must receive comments overall regulatory, economic, mandated by airworthiness directives on this proposed AD by March 30, 2020. environmental, and energy aspects of through separate rulemaking actions. ADDRESSES: You may send comments, this NPRM. The FAA will consider all In the context of WFD, this action is using the procedures found in 14 CFR comments received by the closing date necessary to enable DAHs to propose 11.43 and 11.45, by any of the following and may amend this NPRM because of LOVs that allow operators the longest methods: those comments. operational lives for their airplanes, and • Federal eRulemaking Portal: Go to The FAA will post all comments, still ensure that WFD will not occur. https://www.regulations.gov. Follow the without change, to https:// This approach allows for an instructions for submitting comments. www.regulations.gov, including any implementation strategy that provides • Fax: 202–493–2251. personal information you provide. The flexibility to DAHs in determining the • Mail: U.S. Department of FAA will also post a report timing of service information Transportation, Docket Operations, M– summarizing each substantive verbal development (with FAA approval), 30, West Building Ground Floor, Room contact the agency receives about this while providing operators with certainty W12–140, 1200 New Jersey Avenue SE, proposed AD. regarding the LOV applicable to their Washington, DC 20590. airplanes. • Hand Delivery: Deliver to Mail Discussion The FAA received an evaluation by address above between 9 a.m. and 5 Fatigue damage can occur locally, in the DAH indicating that the skin lap p.m., Monday through Friday, except small areas or structural design details, joints at stringers S–6 and S–23 for Federal holidays. or globally, in widespread areas. Model 747–8 series airplanes, and For service information identified in Multiple-site damage is widespread stringers S–6, S–23 and S–44 for Model this NPRM, contact Boeing Commercial damage that occurs in a large structural 747–8F series airplanes, are subject to

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WFD as a result of cyclic pressurization in other products of the same type between the FAA and Boeing. The of the fuselage. Any fatigue cracking of design. initiative resulted in the development of the lap joints of the fuselage skin could a new process in which the service Proposed AD Requirements go undetected and grow in length. This information more clearly identifies the condition, if not addressed, could result This proposed AD would require actions needed to address the unsafe in sudden decompression and reduced accomplishment of the actions condition in the ‘‘Accomplishment structural integrity of the airplane. identified in Boeing Alert Requirements Instructions.’’ The new process results Bulletin 747–53A2895 RB, dated in a Boeing Requirements Bulletin, Related Service Information Under 1 September 12, 2019, described which contains only the actions needed CFR Part 51 previously, except for any differences to address the unsafe condition (i.e., The FAA reviewed Boeing Alert identified as exceptions in the only the RC actions). Requirements Bulletin 747–53A2895 regulatory text of this proposed AD. RB, dated September 12, 2019. This For information on the procedures Explanation of Compliance Time service information describes and compliance times, see this service The compliance time for the procedures for modifying the left and information at https:// replacement specified in this proposed right side lap joints of the fuselage skin, www.regulations.gov by searching for AD for addressing WFD was established repetitive post-modification internal and locating Docket No. FAA–2020– to ensure that discrepant structure is detailed and surface high frequency 0095. replaced before WFD develops in eddy current (HFEC) inspections for airplanes. Standard inspection Explanation of Requirements Bulletin cracking, and applicable on-condition techniques cannot be relied on to detect actions. On-condition actions include The FAA worked in conjunction with WFD before it becomes a hazard to repair. This service information is industry, under the Airworthiness flight. The FAA will not grant any reasonably available because the Directive Implementation Aviation extensions of the compliance time to interested parties have access to it Rulemaking Committee (AD ARC), to complete any AD-mandated service through their normal course of business enhance the AD system. One bulletin related to WFD without or by the means identified in the enhancement is a process for annotating extensive new data that would ADDRESSES section. which steps in the service information substantiate and clearly warrant such an are ‘‘required for compliance’’ (RC) with extension. FAA’s Determination an AD. Boeing has implemented this RC The FAA is proposing this AD concept into Boeing service bulletins. Costs of Compliance because the FAA evaluated all the In an effort to further improve the The FAA estimates that this proposed relevant information and determined quality of ADs and AD-related Boeing AD affects 14 airplanes of U.S. registry. the unsafe condition described service information, a joint process The FAA estimates the following costs previously is likely to exist or develop improvement initiative was worked to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS *

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

Modification of S–6 and 1,856 work-hours × $85 per hour = $157,760 ... * $157,760 ...... $2,208,640. S–23. Post-mod inspection of 68 work-hours × $85 per hour = $5,780 per in- $0 $5,780 per inspection $80,920 per inspection S–6 and S–23. spection cycle. cycle. cycle. Modification of S–44 ..... 1,216 work-hours × $85 per hour = $103,360 ... * $103,360 ...... $1,447,040. Post-mod inspection of 28 work-hours × $85 per hour = $2,380 per in- $0 $2,380 per inspection $33,320 per inspection S–44. spection cycle. cycle. cycle. * The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the modifications specified in this proposed AD.

The FAA has received no definitive that section, Congress charges the FAA national Government and the States, or data that would enable the agency to with promoting safe flight of civil on the distribution of power and provide cost estimates for the on- aircraft in air commerce by prescribing responsibilities among the various condition actions specified in this regulations for practices, methods, and levels of government. proposed AD. procedures the Administrator finds For the reasons discussed above, I certify this proposed regulation: Authority for This Rulemaking necessary for safety in air commerce. This regulation is within the scope of (1) Is not a ‘‘significant regulatory Title 49 of the United States Code that authority because it addresses an action’’ under Executive Order 12866, (2) Will not affect intrastate aviation specifies the FAA’s authority to issue unsafe condition that is likely to exist or in Alaska, and rules on aviation safety. Subtitle I, develop on products identified in this (3) Will not have a significant section 106, describes the authority of rulemaking action. economic impact, positive or negative, the FAA Administrator. Subtitle VII: Regulatory Findings on a substantial number of small entities Aviation Programs, describes in more under the criteria of the Regulatory detail the scope of the Agency’s The FAA determined that this Flexibility Act. authority. proposed AD would not have federalism The FAA is issuing this rulemaking implications under Executive Order List of Subjects in 14 CFR Part 39 under the authority described in 13132. This proposed AD would not Air transportation, Aircraft, Aviation Subtitle VII, Part A, Subpart III, Section have a substantial direct effect on the safety, Incorporation by reference, 44701: ‘‘General requirements.’’ Under States, on the relationship between the Safety.

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The Proposed Amendment (h) Exception to Service Information DEPARTMENT OF TRANSPORTATION Specifications Accordingly, under the authority Where Boeing Alert Requirements Bulletin Federal Aviation Administration delegated to me by the Administrator, 747–53A2895 RB, dated September 12, 2019, the FAA proposes to amend 14 CFR part specifies contacting Boeing for repair 14 CFR Part 39 39 as follows: instructions: This AD requires doing the [Docket No. FAA–2020–0096; Product PART 39—AIRWORTHINESS repair before further flight using a method Identifier 2019–NM–211–AD] approved in accordance with the procedures DIRECTIVES specified in paragraph (i) of this AD. RIN 2120–AA64 ■ 1. The authority citation for part 39 (i) Alternative Methods of Compliance Airworthiness Directives; The Boeing continues to read as follows: (AMOCs) Company Airplanes Authority: 49 U.S.C. 106(g), 40113, 44701. (1) The Manager, Seattle ACO Branch, AGENCY: Federal Aviation FAA, has the authority to approve AMOCs Administration (FAA), DOT. § 39.13 [Amended] for this AD, if requested using the procedures ACTION: found in 14 CFR 39.19. In accordance with Notice of proposed rulemaking ■ 2. The FAA amends § 39.13 by adding 14 CFR 39.19, send your request to your (NPRM). the following new airworthiness principal inspector or local Flight Standards directive (AD): SUMMARY: The FAA proposes to District Office, as appropriate. If sending supersede Airworthiness Directive (AD) The Boeing Company: Docket No. FAA– information directly to the manager of the 2016–07–28, which applies to all The 2020–0095; Product Identifier 2019– certification office, send it to the attention of Boeing Company Model DC–9–81 (MD– NM–192–AD. the person identified in paragraph (j)(1) of 81), DC–9–82 (MD–82), DC–9–83 (MD– (a) Comments Due Date this AD. Information may be emailed to: 9- 83), and DC–9–87 (MD–87) airplanes, [email protected]. and Model MD–88 airplanes. AD 2016– The FAA must receive comments by March (2) Before using any approved AMOC, 30, 2020. 07–28 requires repetitive eddy current notify your appropriate principal inspector, high frequency (ETHF) inspections for (b) Affected ADs or lacking a principal inspector, the manager any cracking in the left and right side of the local flight standards district office/ None. center wing lower skin, and repair if any certificate holding district office. crack is found. Since the FAA issued (c) Applicability (3) An AMOC that provides an acceptable AD 2016–07–28, the FAA has This AD applies to The Boeing Company level of safety may be used for any repair, Model 747–8 and 747–8F series airplanes, modification, or alteration required by this determined it is necessary to expand the certificated in any category, as identified in AD if it is approved by The Boeing Company inspection area to include adjacent Boeing Alert Requirements Bulletin 747– Organization Designation Authorization stringers with similar stress levels and 53A2895 RB, dated September 12, 2019. (ODA) that has been authorized by the to perform an inspection with increased sensitivity for crack detection. This (d) Subject Manager, Seattle ACO Branch, FAA, to make those findings. To be approved, the repair proposed AD would retain certain Air Transport Association (ATA) of method, modification deviation, or alteration requirements of AD 2016–07–28, America Code 53, Fuselage. deviation must meet the certification basis of expand the inspection area, and require (e) Unsafe Condition the airplane, and the approval must new inspections. The FAA is proposing this AD to address the unsafe condition This AD was prompted by an evaluation by specifically refer to this AD. on these products. the design approval holder (DAH) indicating (j) Related Information that the skin lap joints at certain stringers are DATES: The FAA must receive comments subject to widespread fatigue damage (WFD). (1) For more information about this AD, on this proposed AD by March 30, 2020. contact Bill Ashforth, Senior Aerospace The FAA is issuing this AD to address ADDRESSES: You may send comments, undetected fatigue cracks, which could result Engineer, Airframe Section, FAA, Seattle using the procedures found in 14 CFR in sudden decompression and reduced ACO Branch, 2200 South 216th St., Des 11.43 and 11.45, by any of the following structural integrity of the airplane. Moines, WA 98198; phone and fax: 206–231– methods: 3520; email: [email protected]. (f) Compliance • Federal eRulemaking Portal: Go to (2) For service information identified in https://www.regulations.gov. Follow the Comply with this AD within the this AD, contact Boeing Commercial instructions for submitting comments. compliance times specified, unless already Airplanes, Attention: Contractual & Data • Fax: 202–493–2251. done. Services (C&DS), 2600 Westminster Blvd., • Mail: U.S. Department of MC 110–SK57, Seal Beach, CA 90740–5600; (g) Required Actions Transportation, Docket Operations, M– telephone 562–797–1717; internet https:// Except as specified by paragraph (h) of this 30, West Building Ground Floor, Room AD: At the applicable times specified in the www.myboeingfleet.com. You may view this referenced service information at the FAA, W12–140, 1200 New Jersey Avenue SE, ‘‘Compliance’’ paragraph of Boeing Alert Washington, DC 20590. Requirements Bulletin 747–53A2895 RB, Transport Standards Branch, 2200 South • 216th St., Des Moines, WA. For information Hand Delivery: Deliver to Mail dated September 12, 2019, do all applicable address above between 9 a.m. and 5 actions identified in, and in accordance with, on the availability of this material at the the Accomplishment Instructions of Boeing FAA, call 206–231–3195. p.m., Monday through Friday, except Federal holidays. Alert Requirements Bulletin 747–53A2895 Issued on February 7, 2020. RB, dated September 12, 2019. For service information identified in Gaetano A. Sciortino, this NPRM, contact Boeing Commercial Note 1 to paragraph (g): Guidance for accomplishing the actions required by this Deputy Director for Strategic Initiatives, Airplanes, Attention: Contractual & Data AD can be found in Boeing Alert Service Compliance & Airworthiness Division, Services (C&DS), 2600 Westminster Bulletin 747–53A2895, dated September 12, Aircraft Certification Service. Blvd., MC 110–SK57, Seal Beach, CA 2019, which is referred to in Boeing Alert [FR Doc. 2020–02863 Filed 2–12–20; 8:45 am] 90740–5600; telephone 562–797–1717; Requirements Bulletin 747–53A2895 RB, BILLING CODE 4910–13–P internet https:// dated September 12, 2019. www.myboeingfleet.com. You may view

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this service information at the FAA, summarizing each substantive verbal and aft skins for any crack; repetitive Transport Standards Branch, 2200 contact the agency receives about this ETHF inspections of the lower skin at South 216th St., Des Moines, WA. For proposed AD. stringers 18 through 20 for any crack; an information on the availability of this ETHF inspection of the left side and Discussion material at the FAA, call 206–231–3195. right side center wing lower skin for any It is also available on the internet at The FAA issued AD 2016–07–28, crack; and applicable on-condition https://www.regulations.gov by Amendment 39–18473 (81 FR 21253, actions. On-condition actions include searching for and locating Docket No. April 11, 2016) (‘‘AD 2016–07–28’’), for repair and an internal GVI for any FAA–2020–0096. all The Boeing Company Model DC–9– cracks in stringers 11 through 22 81 (MD–81), DC–9–82 (MD–82), DC–9– Examining the AD Docket between Xcw=0.0 and Xcw=20.0. This 83 (MD–83), and DC–9–87 (MD–87) service information is reasonably You may examine the AD docket on airplanes, and Model MD–88 airplanes. available because the interested parties the internet at https:// AD 2016–07–28 requires repetitive have access to it through their normal www.regulations.gov by searching for ETHF inspections for any cracking in course of business or by the means and locating Docket No. FAA–2020– the left and right side center wing lower identified in the ADDRESSES section. 0096; or in person at Docket Operations skin, and repair if any crack is found. between 9 a.m. and 5 p.m., Monday AD 2016–07–28 resulted from reports of FAA’s Determination through Friday, except Federal holidays. cracking at certain stringers, associated The FAA is proposing this AD The AD docket contains this NPRM, the end fittings, and skins in the center because the FAA evaluated all the regulatory evaluation, any comments wing fuel tank where the stringers meet relevant information and determined received, and other information. The the end fittings. The FAA issued AD the unsafe condition described street address for Docket Operations is 2016–07–28 to detect and correct previously is likely to exist or develop listed above. Comments will be cracking in the center wing lower skin. in other products of the same type available in the AD docket shortly after Such cracking could cause structural design. receipt. failure of the wings. FOR FURTHER INFORMATION CONTACT: Proposed AD Requirements Mohit Garg, Aerospace Engineer, Actions Since AD 2016–07–28 Was Although this proposed AD does not Airframe Section, FAA, Los Angeles Issued explicitly restate the requirements of AD ACO Branch, 3960 Paramount Since the FAA issued AD 2016–07– 2016–07–28, this proposed AD would Boulevard, Lakewood, CA 90712–4137; 28, there have been additional reports of retain some of the requirements of AD phone: 562–627–5264; fax: 562–627– cracks at certain stringers, including one 2016–07–28. Those requirements are 5210; email: [email protected]. at stringer S–13, which was not referenced in the service information SUPPLEMENTARY INFORMATION: addressed in AD 2016–07–28. The FAA identified previously, which, in turn, is has determined it is necessary to expand referenced in paragraph (g) of this Comments Invited the inspection area to include adjacent proposed AD. This proposed AD would The FAA invites you to send any stringers with similar stress levels and also require accomplishment of the written relevant data, views, or to perform a new inspection with actions identified as ‘‘RC’’ (required for arguments about this proposal. Send increased sensitivity for crack detection compliance) in the Accomplishment your comments to an address listed in the area (eddy current low frequency Instructions of Boeing Alert Service under the ADDRESSES section. Include (ETLF) inspection). This proposed AD Bulletin MD80–57A244, Revision 1, ‘‘Docket No. FAA–2020–0096; Product would retain certain requirements of AD dated October 1, 2019, described Identifier 2019–NM–211–AD’’ at the 2016–07–28, expand the inspection area previously. beginning of your comments. The FAA and require new inspections. specifically invites comments on the For information on the procedures overall regulatory, economic, Related Service Information Under 1 and compliance times, see this service environmental, and energy aspects of CFR Part 51 information at https:// this NPRM. The FAA will consider all The FAA reviewed Boeing Alert www.regulations.gov by searching for comments received by the closing date Service Bulletin MD80–57A244, and locating Docket No. FAA–2020– and may amend this NPRM because of Revision 1, dated October 1, 2019. This 0096. those comments. service information describes Costs of Compliance The FAA will post all comments, procedures for a general visual without change, to https:// inspection (GVI) for existing repairs; The FAA estimates that this proposed www.regulations.gov, including any repetitive ETLF inspections of the left AD affects 288 airplanes of U.S. registry. personal information you provide. The and right side fastener holes common to The FAA estimates the following costs FAA will also post a report stringers 11 through 22 and the forward to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Inspection (retained ac- 14 work-hours × $85 per hour = $1,190 per in- $0 $1,190 per inspection $342,720 per inspection tions from AD 2016– spection cycle. cycle. cycle. 07–02). Expanded inspection Up to 48 work-hours × $85 per hour = $4,080 0 Up to $4,080 per in- Up to $1,175,040 per (new proposed action). per inspection cycle. spection cycle. inspection cycle.

The FAA has received no definitive provide cost estimates for the on- condition actions specified in this data that would enable the agency to proposed AD.

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Authority for This Rulemaking 2016–07–28, Amendment 39–18473 (81 (i) Alternative Methods of Compliance (AMOCs) Title 49 of the United States Code FR 21253, April 11, 2016), and adding specifies the FAA’s authority to issue the following new AD: (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs The Boeing Company: Docket No. FAA– rules on aviation safety. Subtitle I, for this AD, if requested using the procedures 2020–0096; Product Identifier 2019– Section 106, describes the authority of found in 14 CFR 39.19. In accordance with NM–211–AD. the FAA Administrator. Subtitle VII, 14 CFR 39.19, send your request to your Aviation Programs, describes in more (a) Comments Due Date principal inspector or local Flight Standards detail the scope of the Agency’s The FAA must receive comments on this District Office, as appropriate. If sending authority. AD action by March 30, 2020. information directly to the manager of the The FAA is issuing this rulemaking certification office, send it to the attention of under the authority described in (b) Affected ADs the person identified in paragraph (j)(1) of Subtitle VII, Part A, Subpart III, Section This AD replaces AD 2016–07–28, this AD. Information may be emailed to: 9- [email protected]. 44701, ‘‘General requirements.’’ Under Amendment 39–18473 (81 FR 21253, April 11, 2016) (‘‘AD 2016–07–28’’). (2) Before using any approved AMOC, that section, Congress charges the FAA notify your appropriate principal inspector, with promoting safe flight of civil (c) Applicability or lacking a principal inspector, the manager aircraft in air commerce by prescribing This AD applies to all The Boeing of the local flight standards district office/ regulations for practices, methods, and Company Model DC–9–81 (MD–81), DC–9– certificate holding district office. procedures the Administrator finds 82 (MD–82), DC–9–83 (MD–83), and DC–9– (3) An AMOC that provides an acceptable necessary for safety in air commerce. 87 (MD–87) airplanes, and Model MD–88 level of safety may be used for any repair, This regulation is within the scope of airplanes, certificated in any category. modification, or alteration required by this AD if it is approved by The Boeing Company that authority because it addresses an (d) Subject Organization Designation Authorization unsafe condition that is likely to exist or Air Transport Association (ATA) of (ODA) that has been authorized by the develop on products identified in this America Code 57, Wings. Manager, Los Angeles ACO Branch, FAA, to rulemaking action. make those findings. To be approved, the (e) Unsafe Condition repair method, modification deviation, or Regulatory Findings This AD was prompted by reports of alteration deviation must meet the The FAA has determined that this cracking at certain stringers, associated end certification basis of the airplane, and the proposed AD would not have federalism fittings, and skins in the center wing fuel approval must specifically refer to this AD. implications under Executive Order tank where the stringers meet the end (4) AMOCs approved previously for AD fittings. The FAA is issuing this AD to detect 13132. This proposed AD would not 2016–07–28 are not approved as AMOCs for and correct cracking in the center wing lower this AD. have a substantial direct effect on the skin. Such cracking could cause structural (5) For service information that contains States, on the relationship between the failure of the wings. steps that are labeled as Required for national Government and the States, or Compliance (RC), the provisions of (f) Compliance on the distribution of power and paragraphs (i)(5)(i) and (ii) of this AD apply. responsibilities among the various Comply with this AD within the (i) The steps labeled as RC, including levels of government. compliance times specified, unless already substeps under an RC step and any figures For the reasons discussed above, I done. identified in an RC step, must be done to certify that the proposed regulation: (g) Required Actions comply with the AD. If a step or substep is (1) Is not a ‘‘significant regulatory labeled ‘‘RC Exempt,’’ then the RC Except as specified in paragraph (h) of this requirement is removed from that step or action’’ under Executive Order 12866, AD: At the applicable times specified in substep. An AMOC is required for any (2) Will not affect intrastate aviation paragraph 1.E., ‘‘Compliance,’’ of Boeing deviations to RC steps, including substeps in Alaska, and Alert Service Bulletin MD80–57A244, and identified figures. (3) Will not have a significant Revision 1, dated October 1, 2019, do all (ii) Steps not labeled as RC may be economic impact, positive or negative, applicable actions identified as ‘‘RC’’ deviated from using accepted methods in on a substantial number of small entities (required for compliance) in, and in accordance with the operator’s maintenance under the criteria of the Regulatory accordance with, the Accomplishment or inspection program without obtaining Instructions of Boeing Alert Service Bulletin Flexibility Act. approval of an AMOC, provided the RC steps, MD80–57A244, Revision 1, dated October 1, including substeps and identified figures, can List of Subjects in 14 CFR Part 39 2019. still be done as specified, and the airplane Note 1 to paragraph (g) of this AD: Boeing can be put back in an airworthy condition. Air transportation, Aircraft, Aviation Alert Service Bulletin MD80–57A244, safety, Incorporation by reference, Revision 1, dated October 1, 2019, refers to (j) Related Information Safety. Drawing SN09570007 for certain inspection (1) For more information about this AD, The Proposed Amendment sequences. If the pages of Drawing contact Mohit Garg, Aerospace Engineer, SN09570007 are illegible, guidance can be Airframe Section, FAA, Los Angeles ACO Accordingly, under the authority found in Boeing Multi Operator Message Branch, 3960 Paramount Boulevard, delegated to me by the Administrator, MOM–MOM–19–0549–01B, dated October 4, Lakewood, CA 90712–4137; phone: 562–627– the FAA proposes to amend 14 CFR part 2019. 5264; fax: 562–627–5210; email: mohit.garg@ 39 as follows: faa.gov. (h) Exception to Service Information (2) For service information identified in Specifications PART 39—AIRWORTHINESS this AD, contact Boeing Commercial DIRECTIVES Where Boeing Alert Service Bulletin Airplanes, Attention: Contractual & Data MD80–57A244, Revision 1, dated October 1, Services (C&DS), 2600 Westminster Blvd., ■ 1. The authority citation for part 39 2019, specifies contacting Boeing for repair MC 110–SK57, Seal Beach, CA 90740–5600; continues to read as follows: instructions or for alternative inspections: telephone 562–797–1717; internet https:// This AD requires doing the repair, or doing www.myboeingfleet.com. You may view this Authority: 49 U.S.C. 106(g), 40113, 44701. the alternative inspections and applicable on- referenced service information at the FAA, condition actions before further flight using Transport Standards Branch, 2200 South § 39.13 [Amended] a method approved in accordance with the 216th St., Des Moines, WA. For information ■ 2. The FAA amends § 39.13 by procedures specified in paragraph (i) of this on the availability of this material at the removing Airworthiness Directive (AD) AD. FAA, call 206–231–3195.

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Issued on February 7, 2020. subsequent amendments can be viewed Persons wishing the FAA to Lance T. Gant, on line at https://www.faa.gov/air_ acknowledge receipt of their comments Director, Compliance & Airworthiness traffic/publications/. For further on this action must submit with those Division, Aircraft Certification Service. information, you can contact the comments a self-addressed stamped [FR Doc. 2020–02862 Filed 2–12–20; 8:45 am] Airspace Policy Group, Federal Aviation postcard on which the following BILLING CODE 4910–13–P Administration, 800 Independence statement is made: ‘‘Comments to FAA Avenue SW, Washington, DC 20591; Docket No. FAA–2020–0085; Airspace telephone: (202) 267–8783. The Order is Docket No. 20–ASO–2.’’ The postcard DEPARTMENT OF TRANSPORTATION also available for inspection at the will be date/time stamped and returned National Archives and Records to the commenter. Federal Aviation Administration Administration (NARA). For All communications received before information on the availability of FAA the specified closing date for comments 14 CFR Part 71 Order 7400.11D at NARA, email will be considered before taking action [Docket No. FAA–2020–0085; Airspace [email protected] or go to https:// on the proposed rule. The proposal Docket No. 20–ASO–2] www.archives.gov/federal-register/cfr/ contained in this document may be ibr-locations.html. changed in light of the comments RIN 2120–AA66 FOR FURTHER INFORMATION CONTACT: John received. All comments submitted will be available for examination in the Proposed Amendment of Class D Fornito, Operations Support Group, public docket both before and after the Airspace; Jacksonville NAS, FL, and Eastern Service Center, Federal Aviation comment closing date. A report Proposed Amendment of Class D and Administration, 1701 Columbia Avenue, summarizing each substantive public Class E Airspace; Mayport, FL College Park, GA 30337; telephone (404) 305–6364. contact with FAA personnel concerned AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: with this rulemaking will be filed in the Administration (FAA), DOT. docket. Authority for This Rulemaking ACTION: Notice of proposed rulemaking Availability of NPRMs (NPRM). The FAA’s authority to issue rules regarding aviation safety is found in An electronic copy of this document SUMMARY: This action proposes to Title 49 of the United States Code. may be downloaded through the amend Class D airspace for Jacksonville Subtitle I, Section 106 describes the internet at http://www.regulations.gov. NAS, FL, by updating the name and authority of the FAA Administrator. Recently published rulemaking geographical coordinates of Jacksonville Subtitle VII, Aviation Programs, documents can also be accessed through NAS, (Towers Field, previously describes in more detail the scope of the the FAA’s web page at https:// Jacksonville NAS), and Herlong agency’s authority. This rulemaking is www.faa.gov/air_traffic/publications/ Recreational Airport (previously promulgated under the authority airspace_amendments/. Herlong Airport). This action would described in Subtitle VII, Part A, You may review the public docket also amend Class D airspace and Class Subpart I, Section 40103. Under that containing the proposal, any comments E airspace designated as an extension to section, the FAA is charged with received and any final disposition in Class D or E surface area by updating prescribing regulations to assign the use person in the Dockets Office (see the geographic coordinates of Mayport NAS, of airspace necessary to ensure the ADDRESSES section for address and and the name and geographic safety of aircraft and the efficient use of phone number) between 9:00 a.m. and coordinates of Jacksonville Executive airspace. This regulation is within the 5:00 p.m., Monday through Friday, Airport at Craig, (previously Craig scope of that authority as it would except federal holidays. An informal Municipal Airport). Controlled airspace amend Class D and E airspace in docket may also be examined between is necessary for the safety and Jacksonville NAS, FL and Mayport, FL, 8:00 a.m., and 4:30 p.m., Monday management of instrument flight rules to support IFR operations in the area. through Friday, except federal holidays at the office of the Eastern Service (IFR) operations in the area. This action Comments Invited also would make an editorial change Center, Federal Aviation replacing the term Airport/Facility Interested persons are invited to Administration, Room 350, 1701 Directory with the term Chart comment on this proposed rulemaking Columbia Avenue, College Park, GA Supplement in the legal descriptions of by submitting such written data, views, 30337. associated Class D and E airspace. or arguments, as they may desire. Comments that provide the factual basis Availability and Summary of DATES: Comments must be received on supporting the views and suggestions Documents for Incorporation by or before March 30, 2020. presented are particularly helpful in Reference ADDRESSES: Send comments on this developing reasoned regulatory This document proposes to amend proposal to: The U.S. Department of decisions on the proposal. Comments FAA Order 7400.11D, Airspace Transportation, Docket Operations, 1200 are specifically invited on the overall Designations and Reporting Points, New Jersey Avenue SE, West Building regulatory, aeronautical, economic, dated August 8, 2019, and effective Ground Floor, Room W12–140, environmental, and energy-related September 15, 2019. FAA Order Washington, DC 20590–0001; aspects of the proposal. 7400.11D is publicly available as listed Telephone: (800) 647–5527, or (202) Communications should identify both in the ADDRESSES section of this 366–9826. You must identify the Docket docket numbers (Docket No. FAA– document. FAA Order 7400.11D lists No. FAA–2020–0085; Airspace Docket 2020–0085 and Airspace Docket No. 20– Class A, B, C, D, and E airspace areas, No. 20–ASO–2, at the beginning of your ASO–2) and be submitted in triplicate to air traffic service routes, and reporting comments. You may also submit DOT Docket Operations (see ADDRESSES points. comments through the internet at section for the address and phone https://www.regulations.gov. number). You may also submit The Proposal FAA Order 7400.11D, Airspace comments through the internet at The FAA proposes an amendment to Designations and Reporting Points, and https://www.regulations.gov. Title 14 Code of Federal Regulations (14

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CFR) part 71 to amend Class D airspace Lists of Subjects in 14 CFR Part 71 Paragraph 6004 Class E Airspace at Jacksonville NAS (Towers Field), Designated as an Extension to Class D or E Jacksonville NAS, FL, by updating the Airspace, Incorporation by reference, Surface Area. name and geographical coordinates of Navigation (air). * * * * * the airport, and the name of Herlong The Proposed Amendment ASO FL E4 Mayport, FL [Amended] Recreational Airport. Also, the geographic coordinates of Mayport NAS, In consideration of the foregoing, the Mayport NAS, FL (Lat. 30°23′29″ N, long. 81°25′28″ W) Mayport, FL, would be updated under Federal Aviation Administration Mayport (Navy) TACAN Class D airspace and Class E surface proposes to amend 14 CFR part 71 as (Lat. 30°23′19″ N, long. 81°25′23″ W) airspace designated as an extension to a follows: That airspace extending upward from the Class D surface area, as well as the name surface within 3.2-miles each side of the and geographic coordinates of PART 71—DESIGNATION OF CLASS A, Mayport (Navy) TACAN 035° radial Jacksonville Executive Airport at Craig. B, C, D, AND E AIRSPACE AREAS; AIR extending from the 4.2-mile radius of In addition, the FAA proposes to TRAFFIC SERVICE ROUTES; AND Mayport NAS to 5 miles northeast of the replace the outdated term Airport/ REPORTING POINTS TACAN. This Class E airspace is effective Facility Directory with the term Chart during the dates and times established in Supplement in the associated Class D ■ 1. The authority citation for part 71 advance by a Notice to Airmen. The effective airspace and Class E surface airspace continues to read as follows: date and time will thereafter be continuously designated as an extension to a Class D published in the Chart Supplement. Authority: 49 U.S.C. 106(f), 106(g); 40103, Issued in College Park, Georgia, on January surface area in the legal descriptions for 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 31, 2020. Mayport NAS, Mayport, FL. 1959–1963 Comp., p. 389. Class D airspace designations, and Ryan Almasy, Class E airspace areas designated as an § 71.1 [Amended] Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. extension to a Class D or E surface area ■ are published in Paragraphs 5000, and 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation [FR Doc. 2020–02826 Filed 2–12–20; 8:45 am] 6004, respectively of FAA Order BILLING CODE 4910–13–P 7400.11D, dated August 8, 2019, and Administration Order 7400.11D, effective September 15, 2019, which is Airspace Designations and Reporting Points, dated August 8, 2019, and incorporated by reference in 14 CFR DEPARTMENT OF COMMERCE 71.1. The Class D and E airspace effective September 15, 2019, is amended as follows: designations listed in this document National Oceanic and Atmospheric will be published subsequently in the Paragraph 5000 Class D Airspace. Administration Order. * * * * * FAA Order 7400.11, Airspace 15 CFR Part 922 Designations and Reporting Points, is ASO FL D Jacksonville NAS, FL published yearly and effective on [Amended] Initiation of Review of Management September 15. Jacksonville NAS (Towers Field), FL Plan for Stellwagen Bank National (Lat. 30°14′01″ N, long. 81°40′34″ W) Regulatory Notices and Analyses Marine Sanctuary; Intent To Conduct Jacksonville TACAN Scoping and Prepare Draft ° ′ ″ ° ′ ″ The FAA has determined that this (Lat. 30 14 05 N, long. 81 40 30 W) Environmental Analysis and proposed regulation only involves an Herlong Recreational Airport, FL Management Plan established body of technical (Lat. 30°16′40″ N, long. 81°48′21″ W) regulations for which frequent and That airspace extending upward from the AGENCY: Office of National Marine routine amendments are necessary to surface of the Earth, to and including 2,600 Sanctuaries (ONMS), National Ocean keep them operationally current. It, feet MSL, within a 5.3-mile radius of Service (NOS), National Oceanic and therefore: (1) Is not a ‘‘significant Jacksonville NAS (Towers Field), and within Atmospheric Administration (NOAA), regulatory action’’ under Executive 1 mile north and 2.5 miles south of the Department of Commerce (DOC). Jacksonville TACAN 270 radial, extending Order 12866; (2) is not a ‘‘significant ACTION from the 5.3-mile radius to 6.5 miles west of : Initiation of review of rule’’ under DOT Regulatory Policies the TACAN; excluding that airspace within management plan; intent to conduct and Procedures (44 FR 11034; February a 1.8-mile radius of the Herlong Recreational scoping and prepare environmental 26, 1979); and (3) does not warrant Airport. analysis under the National preparation of a Regulatory Evaluation Environmental Policy Act. as the anticipated impact is so minimal. ASO FL D Mayport, FL [Amended] Since this is a routine matter that will Mayport NAS, FL SUMMARY: In accordance with Section only affect air traffic procedures and air (Lat. 30°23′29″ N, long. 81°25′28″ W) 304(e) of the National Marine navigation, it is certified that this Jax Executive Airport at Craig Sanctuaries Act, as amended (NMSA), ° ′ ″ ° ′ ″ proposed rule, when promulgated, will (Lat. 30 20 11 N, long. 81 30 52 W) the Office of National Marine not have a significant economic impact That airspace extending upward from the Sanctuaries (ONMS) of the National on a substantial number of small entities surface to and including 2,500 feet MSL Oceanic and Atmospheric under the criteria of the Regulatory within a 4.2-mile radius of Mayport NAS, Administration (NOAA) is initiating a Flexibility Act. excluding the portion southwest of a line review of the Stellwagen Bank National connecting the two points of intersection Marine Sanctuary (SBNMS or the Environmental Review with a 4.2-mile radius circle centered on sanctuary) management plan, to Jacksonville Executive Airport at Craig. This This proposal will be subject to an Class D airspace area is effective during the evaluate substantive progress toward environmental analysis in accordance specific dates and times established in implementing the goals of the sanctuary, with FAA Order 1050.1F, advance by a Notice to Airmen. The effective and to make revisions to the ‘‘Environmental Impacts: Policies and date and time will, thereafter, be management plan as necessary to fulfill Procedures’’ prior to any FAA final continuously published in the Chart the purposes and policies of the NMSA. regulatory action. Supplement. NOAA anticipates management plan

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changes will require preparation of an Background Essential Fish Habitat (EFH) provisions environmental analysis under the SBNMS was designated in October of the Magnuson-Stevens Fishery National Environmental Policy Act 1992. It spans 842-square-miles (638- Conservation and Management Act (NEPA). NOAA will conduct public square-nautical-mile) at the mouth of (Magnuson-Stevens Act), Coastal Zone scoping meetings to gather information Massachusetts Bay. The sanctuary Management Act (CZMA), National and other comments from individuals, boundary is somewhat rectangular, Historic Preservation Act (NHPA), and organizations, tribes and government stretching from three miles southeast of tribal consultation responsibilities agencies on the scope, types, and Cape Ann to three miles north of Cape under Executive Order 13175. significance of issues related to the Cod. The sanctuary is about 25 miles Condition Report SBNMS management plan and the east of Boston, and lies totally within To inform the SBNMS management proper scope of environmental analysis federal waters. It encompasses all of for the management plan review. The plan review, NOAA has updated the Stellwagen and Tillies Banks, and the Stellwagen Bank National Marine scoping meetings are scheduled as southern portion of Jeffreys Ledge. detailed in the DATES section. Sanctuary Condition Report, which was SBNMS is administered by NOAA, first published in 2007. The 2007 report DATES: Written comments should be within the U.S. Department of received on or before April 10, 2020. provided a summary of resources in Commerce, and was designated to SBNMS, pressures on those resources, Public scoping meetings will be held on: conserve, protect, and enhance the (1) Date: Wednesday, March 11, 2020, current conditions and recent trends biodiversity, ecological integrity, and within the sanctuary, and management Location: New England Aquarium, 1 cultural legacy of marine resources for Central Wharf, Boston, MA, 02110, responses to mitigate negative impacts. current and future generations. The 2020 Condition Report has updated Time: 6:30–8 p.m. Sanctuary programs in education, (2) Date: Thursday, March 12, 2020, current conditions and recent changes conservation, science, and stewardship for water quality, habitat, living Location: Maritime Gloucester, 23 help protect SBNMS and its nationally- Harbor Loop, Gloucester, MA, 01930, resources and maritime archaeological significant resources, while promoting resources in the sanctuary. The report is Time: 6:30–8 p.m. public use and enjoyment through (3) Date: Wednesday, March 18, 2020, available to the general public on the compatible human activities. internet at: http://sanctuaries.noaa.gov/ Location: Massachusetts Maritime The current SBNMS management science/condition/welcome.html. Academy, 101 Academy Drive, plan was published in 2010, and is Buzzards Bay, MA, 02532, Time: 6:30– available on the internet here: https:// Preliminary Priority Topics 8 p.m. stellwagen.noaa.gov/management/fmp/ ADDRESSES: You may submit comments NOAA has prepared a preliminary list fmp2010.html. of priority topics to consider during the on this document, identified by NOAA– In 2016, NOAA completed an internal NOS–2020–0003, by any of the SBNMS management plan review assessment of progress toward process. NOAA is interested in public following methods: implementation of the 2010 • Electronic Submission: Submit all comment on these topics, as well as any management plan. The assessment other issues of interest that are relevant electronic public comments via the found that 66% (69 of 104 activities) of Federal e-Rulemaking Portal. Go to to the SBNMS management plan review the management plan’s activities had (including additional topics raised www.regulations.gov/ been fully or partially completed or #!docketDetail;D=NOAA-NOS-2020- through public comment, and tribal and were still being implemented as ongoing interagency consultation). 0003, click the ‘‘Comment Now!’’ icon, functions, while 35% (36 of 104 complete the required fields, and enter activities) were not yet started or had Climate Change or attach your comments. been placed on hold. Results of the 2016 • Mail: Stellwagen Bank NMS, 175 Climate change is widely internal assessment were discussed at a acknowledged, yet there is considerable Edward Foster Road, Scituate, MA, public meeting of the sanctuary 02066, Attn: Management Plan uncertainty about current and future advisory council in October, 2016. consequences at local, ecosystem and Revision. Reviewing the SBNMS management Instructions: Comments sent by any oceanic scales. Increased coordination plan may result in proposed changes to and cooperation among science and other method, to any other address or existing programs and policies to individual, or received after the end of resource management agencies are address contemporary issues and required to improve planning, the comment period, may not be challenges, and to better protect and considered by NOAA. All comments monitoring and adaptive management to manage the sanctuary’s resources and address this phenomenon as it pertains received are a part of the public record qualities. The review process is and will generally be posted for public to the protection of SBNMS resources. composed of four major stages: (1) NOAA is interested in ideas about how viewing on www.regulations.gov Information collection and without change. All personally to best incorporate management efforts characterization; (2) preparation and seeking to mitigate the effects of climate identifying information (e.g., name, release of a draft management plan and address, etc.), confidential business change into the SBNMS management environmental document under NEPA, plan. information, or otherwise sensitive and any proposed amendments to the information submitted voluntarily by regulations; (3) public review and Water Quality Monitoring the sender will be publicly accessible. comment; and (4) preparation and Water quality is key to ensuring NOAA will accept anonymous release of a final management plan and protection for all sanctuary resources. comments (enter ‘‘N/A’’ in the required environmental document, and any final Relatively little is known about the fields if you wish to remain amendments to the regulations, if types, sources, or levels of emerging anonymous). applicable. NOAA will also address contaminants and marine debris FOR FURTHER INFORMATION CONTACT: Ben other statutory and regulatory (including lost fishing gear) within the Haskell, 781–545–8026, requirements that may be required sanctuary. NOAA believes more focused [email protected]. pursuant to the Endangered Species Act attention on specific water quality SUPPLEMENTARY INFORMATION: (ESA), Marine Mammal Protection Act, issues is needed, to understand both

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their status in the sanctuary as well as • The public’s view on the DEPARTMENT OF HOUSING AND their role in the larger Gulf of Maine effectiveness of the SBNMS programs, URBAN DEVELOPMENT ecosystem. including programs focused on: Resource protection; research and 24 CFR Parts 5, 92 and 578 Education, Outreach and Citizen monitoring; education; volunteer; and Science [Docket No FR–6130–P–01] outreach. Enhancing the public’s awareness and • NOAA’s implementation of SBNMS RIN 2501–AD91 appreciation of sanctuary resources is a regulations and permits. Equal Participation of Faith-Based cornerstone of the SBNMS mission. • Adequacy of existing boundaries to Organizations in HUD Programs and NOAA is seeking the public’s view on protect sanctuary resources. Activities: Implementation of Executive developing and enhancing programs • Assessment of the existing Order 13831 designed to enhance public awareness, operational and administrative including opportunities to participate in framework (staffing, offices, vessels, AGENCY: Office of the Secretary, HUD. environmental research and monitoring, etc.). ACTION: Proposed rule. integrating outreach into all education • levels, and more effective partnering The potential impacts of the SUMMARY: This proposed rule would with Federal and state agencies, local proposed actions discussed above and amend U.S. Department of Housing and businesses and organizations, and other ways to mitigate these impacts. Urban Development (HUD) regulations user groups. • The relevance and timeliness of to implement Executive Order 13831 management issues identified above. (Establishment of a White House Faith Sanctuary Soundscape Federal Consultations and Opportunity Initiative). Among SBNMS is an active area with other changes, this rule proposes to significant populations of marine This document also advises the public provide clarity regarding the rights and mammals, as well as extensive human that NOAA will coordinate its obligations of faith-based organizations activity and vessel movements, consultation responsibilities under participating in HUD’s programs. This particularly transiting to and from the section 7 of the ESA, EFH under the proposed rulemaking aligns with HUD’s major US port in Boston Harbor. NOAA Magnuson-Stevens Act, section 106 of goal of implementing its programs and is concerned about impacts to the the NHPA (16 U.S.C. 470), and Federal activities consistent with the First SBNMS soundscape from the Consistency review under the CZMA. Amendment to the Constitution and the cumulative effects of underwater noise Through its ongoing NEPA process and requirements of Federal law, including generated by a variety of human the use of NEPA documents and public the Religious Freedom Restoration Act. activities (including the potential and stakeholder meetings, NOAA will DATES: Comment Due Date: April 13, offshore energy development), and also coordinate compliance with other 2020. federal laws. expanded use of unmanned aircraft ADDRESSES: Interested persons are systems over the sanctuary. In fulfilling its responsibility under invited to submit comments regarding the NHPA and NEPA, NOAA intends to Maritime Heritage Management this proposed rule. Communications identify consulting parties; identify must refer to the above docket number SBNMS contains a rich repository of historic properties and assess the effects and title. There are two methods for submerged maritime heritage resulting of the undertaking on such properties; submitting public comments. All from over 400 years of maritime activity initiate formal consultation with the submissions must refer to the above in the region. NOAA seeks public input State Historic Preservation Officer, the docket number and title. on the history and context of the Advisory Council of Historic 1. Submission of Comments by Mail. ancient, historic, and modern Preservation, and other consulting Comments may be submitted by mail to communities who have depended on parties; involve the public in the Regulations Division, Office of sanctuary waters for their livelihood accordance with NOAA’s NEPA General Counsel, U.S. Department of and culture, the ships and the industries procedures; and develop in consultation Housing and Urban Development, 451 of the region and options to best with identified consulting parties 7th Street SW, Room 10276, conserve and protect these cultural alternatives and proposed measures that Washington, DC 20410–0500. assets in the future. might avoid, minimize, or mitigate any 2. Electronic Submission of adverse effects on historic properties Regulatory and Boundary Changes Comments. Interested persons may and describe them in any environmental submit comments electronically through In preparing for public scoping, analysis. the Federal eRulemaking Portal at NOAA has not identified the need for NOAA will also initiate www.regulations.gov. HUD strongly any changes to SBNMS regulations. communications and consultation steps encourages commenters to submit However, regulatory changes may be with relevant federally recognized tribal comments electronically. Electronic considered based on a review of public governments pursuant to Executive submission of comments allows the scoping comments and, if proposed, Order 13175, Department of Commerce commenter maximum time to prepare would be presented for public review tribal consultation policies, and NOAA and submit a comment, ensures timely with the publication of a proposed procedures for government-to- receipt by HUD, and enables HUD to rulemaking. government consultation with federally make them immediately available to the Public Comments recognized Indian Tribes. public. Comments submitted Authority: 16 U.S.C. 1431 et seq. electronically through the NOAA is interested in hearing the www.regulations.gov website can be public’s views on: John Armor, viewed by other commenters and • The effectiveness of the existing Director, Office of National Marine interested members of the public. management plan in meeting both the Sanctuaries. Commenters should follow the mandates of the NMSA and SBNMS [FR Doc. 2020–02832 Filed 2–12–20; 8:45 am] instructions provided on that site to goals and objectives. BILLING CODE 3510–NE–P submit comments electronically.

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Note: To receive consideration as public ‘‘Equal Protection of the Laws for Faith- The new § 5.109 clarified that faith- comments, comments must be submitted Based and Community Organizations.’’ 2 based organizations are eligible, on the through one of the two methods specified Executive Order 13279 set forth the same basis as any other organization, to above. Again, all submissions must refer to principles and policymaking criteria to participate in HUD’s programs and the docket number and title of the rule. guide Federal agencies in formulating activities. By codifying the policy in No Facsimile Comments. Facsimile and implementing policies with those HUD regulations that contain (fax) comments are not acceptable. implications for faith-based across-the-board requirements, HUD Public Inspection of Public organizations and other community ensured the broadest application of the Comments. All properly submitted organizations, to ensure equal faith-based requirements of Executive comments and communications protection of the laws for faith-based Order 13279. submitted to HUD will be available for and community organizations and to The July 9, 2004, final rule, however, public inspection and copying between expand opportunities for, and did not apply to HUD’s Native 8 a.m. and 5 p.m., weekdays, at the strengthen the capacity of, faith-based American housing programs. HUD above address. Due to security measures and other community organizations to at the HUD Headquarters building, an meet social needs in America’s determined that making the policies and advance appointment to review the communities. In addition, Executive procedures contained in the final rule public comments must be scheduled by Order 13279 directed specified agency applicable to its Native American calling the Regulations Division at 202– heads, including the Secretary of HUD, programs required prior consultation 402–3055 (this is not a toll-free to review and evaluate existing policies with tribal governments, in accordance 5 number). Individuals with speech or that created barriers to faith-based with Executive Order 13175. Executive hearing impairments may access this organizations participating equally Order 13175 requires Federal number via TTY by calling the Federal compared to other community departments and agencies, to the extent Relay, toll-free, at 800–877–8339. organizations in programs receiving practicable and permitted by law, to Copies of all comments submitted are Federal financial assistance and, where consult with tribal governments prior to available for inspection and appropriate, to implement new policies taking actions that have substantial downloading at www.regulations.gov. that were consistent with and necessary direct effects on federally recognized FOR FURTHER INFORMATION CONTACT: to further the fundamental principles tribal governments. HUD consulted with Richard Youngblood, Director, Center and policymaking criteria articulated in tribal governments and undertook for Faith-Based and Neighborhood the order. Consistent with Executive separate rulemaking to address the Partnerships, U.S. Department of Order 13279, HUD promulgated applicability of the regulatory changes. Housing and Urban Development, 451 regulations at 24 CFR part 5. HUD’s final rule addressing equal 7th Street SW, Room 6230, Washington, HUD undertook three rulemakings to participation of faith-based DC 20410; telephone number 202–402– implement Executive Order 13279. HUD organizations in Native American 5958 (this is not a toll-free number). undertook a comprehensive review of programs, entitled ‘‘Participation in Individuals with hearing- and speech- its program requirements and HUD’s Native American Programs by impairments may access this number regulations, particularly those that Religious Organizations; Providing for through TTY by calling the Federal would be expected to attract interest Equal Treatment of All Program Relay, toll-free, at 800–877–8339. and participation by nonprofit Participants,’’ was published on October SUPPLEMENTARY INFORMATION: organizations. HUD identified 22, 2004.6 regulations for eight programs President Obama maintained I. Background administered by HUD’s Office of President Bush’s program but modified Shortly after taking office in 2001, Community Planning and Development it in certain respects. Shortly after President George W. Bush signed that imposed (or appeared to impose) taking office, President Obama signed Executive Order 13199, ‘‘Establishment barriers to participation of faith-based Executive Order 13498, ‘‘Amendments of White House Office of Faith-based organizations in these programs. On to Executive Order 13199 and and Community Initiatives.’’ 1 That September 30, 2003, HUD issued a final Executive order sought to ensure that rule entitled ‘‘Participation in HUD Establishment of the President’s ‘‘private and charitable groups, Advisory Council for Faith-Based and Programs by Faith-Based Organizations; 7 including religious ones . . . have the Providing for Equal Treatment of All Neighborhood Partnerships.’’ Among fullest opportunity permitted by law to HUD Program Participants.’’ 3 The final other things, this Executive order compete on a level playing field’’ in the rule eliminated the regulatory program changed the name of the White House delivery of social services. To do so, it barriers identified by HUD, to ensure Office of Faith-Based and Community created the White House Office of Faith- that these programs were open to all Initiatives to the White House Office of Based and Community Initiatives, with qualified organizations regardless of Faith-Based and Neighborhood the primary responsibility to ‘‘establish their religious character. Partnerships and created an Advisory policies, priorities, and objectives for On July 9, 2004, HUD published a Council that subsequently submitted a the Federal Government’s second final rule entitled, ‘‘Equal report of recommendations to President comprehensive effort to enlist, equip, Participation of Faith-Based Obama, including recommendations enable, empower, and expand the work Organizations.’’ 4 The July 9, 2004, final concerning partnerships between the of faith-based and other community rule added a new § 5.109 to HUD’s organizations to the extent permitted by regulations in 24 CFR part 5 containing 5 Executive Order 13175 was signed on November law.’’ the requirements generally applicable to 6, 2000, and is entitled ‘‘Consultation and Coordination with Indian Tribal Governments.’’ It On December 12, 2002, President all of HUD’s programs and activities. was subsequently published in the Federal Register Bush signed Executive Order 13279, on November 9, 2000, at 65 FR 67249. 2 Executive Order 13279 was published in the 6 69 FR 62163. 1 Executive Order 13199 was signed by President Federal Register on December 16, 2002, at 67 FR 7 President Obama signed Executive Order 13498 Bush on January 29, 2001, and subsequently 77141. on February 5, 2009, and it was subsequently published in the Federal Register on January 31, 3 68 FR 56395. published in the Federal Register on February 9, 2001, at 66 FR 8499. 4 69 FR 41711. 2009, at 74 FR 6533.

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Federal Government and religious and Neighborhood Organizations’’ published and Opportunity Initiative.’’ 15 Among other nongovernmental organizations. on April 4, 2016.11 In addition to HUD, other things, Executive Order 13831 On November 17, 2010, President eight other Federal departments and changed the name of the ‘‘White House Obama signed Executive Order 13559, agencies joined in the final rule to Office of Faith-Based and Neighborhood ‘‘Fundamental Principles and amend or establish their regulations Partnerships,’’ as established in Policymaking Criteria for Partnerships implementing Executive Order 13559. Executive Order 13498, to the ‘‘White with Faith-Based and Other This final rule required not only that House Faith and Opportunity 8 Neighborhood Organizations’’. faith-based providers give the notice of Initiative;’’ changed the way that the Executive Order 13559 made various the right to an alternative provider Initiative is to operate; directed changes to Executive Order 13279, specified in Executive Order 13559, but departments and agencies with ‘‘Centers which included: (1) Making minor and also required faith-based providers, but for Faith-Based and Neighborhood substantive textual changes to the not other providers, to give written Partnerships’’ to change those names to fundamental principles; (2) adding a notice to beneficiaries and potential ‘‘Centers for Faith and Opportunity provision requiring that any religious beneficiaries of programs funded with Initiatives;’’ and ordered that social service program provider direct Federal financial assistance of supported with Federal financial various rights, including departments and agencies without a assistance refer beneficiaries or nondiscrimination based on religion, Center for Faith and Opportunity prospective beneficiaries to an the requirement that participation in Initiatives designate a ‘‘Liaison for Faith alternative provider if the beneficiaries any religious activity must be voluntary and Opportunity Initiatives.’’ Executive object to the provider’s religious and that they must be provided Order 13831 also eliminated the character; (3) adding a provision separately from the federally funded alternative provider referral requirement requiring that the faith-based provider activity, and that beneficiaries may and requirement of notice thereof in give notice of potential referral to report violations. Executive Order 13559 described above. potential beneficiaries; and (4) adding a President Trump has given new Finally, recent Supreme Court provision that awards must be free of direction to the policy established by decisions have addressed the freedoms political interference and not be based President Bush and continued by and anti-discrimination protections that on religious affiliation of a recipient President Obama. On May 4, 2017, must be afforded religion-exercising organization or lack thereof. This President Trump issued Executive organizations and individuals under the Executive order also established an Order 13798, ‘‘Promoting Free Speech U.S. Constitution and Federal law. See, interagency working group tasked with 12 and Religious Liberty.’’ Executive e.g., Masterpiece Cakeshop, Ltd. v. Colo. developing model changes to Order 13798 states that ‘‘Federal law Civil Rights Comm’n, 138 S. Ct. 1719, regulations and guidance to implement protects the freedom of Americans and 1731 (2018) (Government violates the Executive Order 13279 as amended by their organizations to exercise religion Free Exercise Clause of the First Executive Order 13559, including and participate fully in civic life provisions that clarified the prohibited without undue interference by the Amendment when its decisions are uses of direct Federal financial Federal Government. The executive based on hostility to religion or a assistance, allowed religious social branch will honor and enforce those religious viewpoint); Trinity Lutheran service providers to maintain their protections.’’ It directed the Attorney Church of Columbia, Inc. v. Comer, 137 religious identities, and distinguished General to ‘‘issue guidance interpreting S. Ct. 2012, 2022 (2017) (Government between direct and indirect Federal religious liberty protections in Federal violates the Free Exercise Clause of the financial assistance. These efforts law.’’ First Amendment when it conditions a eventually resulted in amendments to Pursuant to this instruction, the generally available public benefit on an agency regulations, including HUD’s 24 Attorney General, on October 6, 2017, entity’s giving up its religious character, CFR part 5. The revised regulations issued the Memorandum for All unless that condition withstands the defined ‘‘indirect Federal financial Executive Departments and Agencies, strictest scrutiny); Burwell v. Hobby assistance’’ as Government aid to a ‘‘Federal Law Protections for Religious Lobby Stores, Inc., 134 S. Ct. 2751, 2775 beneficiary, such as a voucher, that Liberty,’’ (Attorney General’s (2014) (the Religious Freedom flows to a religious provider only Memorandum on Religious Liberty).13 Restoration Act applies to Federal through the genuine and independent The Attorney General’s Memorandum regulation of the activities of for-profit choice of the beneficiary.9 on Religious Liberty emphasized that closely held corporations); Hosanna- To implement the directives of individuals and organizations do not Tabor Evangelical Lutheran Church & Executive Order 13559, on August 6, give up religious liberty protections by Sch. v. EEOC, 565 U.S. 171, 196 (2012) 2015, HUD issued a proposed rule providing Government-funded social (the ministerial exception, grounded in entitled, ‘‘Equal Participation of Faith- services, and that ‘‘[g]overnment may the Establishment and Free Exercise Based Organizations in HUD Programs: not exclude religious organizations as Clauses of the First Amendment, bars an Implementation of E.O. 13559.’’ 10 The such from secular aid programs . . . employment-discrimination suit proposed rule was made final through when the aid is not being used for brought on behalf of a minister against an interagency final rule entitled, explicitly religious activities such as the religious school for which she ‘‘Federal Agency Final Regulations worship or proselytization.’’ 14 worked). While these decisions are not Implementing Executive Order 13559: On May 3, 2018, President Trump Fundamental Principles and signed Executive Order 13831, entitled specific to HUD, they have reminded Policymaking Criteria for Partnerships ‘‘Establishment of a White House Faith the Federal Government of its duty to With Faith-Based and Other protect religious exercise—and not to 11 81 FR 19353. impede it. 8 Executive Order 13559 was published in the 12 Executive Order 13798 was subsequently Federal Register on November 22, 2010, at 75 FR published in the Federal Register on May 9, 2017, 71319. at 82 FR 21675. 15 Executive Order 13831 was subsequently 9 24 CFR 5.109(b). 13 82 FR 49668. published in the Federal Register on May 8, 2018, 10 80 FR 47301. 14 Id. at page 2. at 83 FR 20715.

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II. This Proposed Rule eligibility to participate in, a HUD social service beneficiaries. But the program retains its independence from methods of providing such protections A. Overview the Government and may continue to were not required by the Constitution or HUD proposes to amend its carry out its mission consistent with any applicable law. Indeed, the selected regulations governing equal religious freedom protections in Federal methods are in tension with more recent participation of faith-based law, including the Free Speech and Free Supreme Court precedent regarding organizations to implement Executive Exercise Clauses of the First nondiscrimination against religious Order 13831 and conform more closely Amendment to the Constitution. organizations, with the Attorney to the Supreme Court’s current First This proposed rule, in the event of General’s Memorandum on Religious Amendment jurisprudence; relevant any conflict, will control over any HUD Liberty, and with the RFRA, 42 U.S.C. Federal statutes such as the Religious guidance document. This is intended to 2000bb–2000bb–4. Freedom Restoration Act of 1993 be consistent with Executive Order As the Supreme Court recently (RFRA) (42 U.S.C. 2000bb et seq.); 13891, dated October 9, 2019, which clarified in Trinity Lutheran Church of Executive Order 13279, as amended by provides that guidance documents lack Columbia, Inc. v. Comer, 137 S. Ct. Executive Orders 13559 and 13831, and the force of law, except as authorized by 2012, 2019 (2017): ‘‘The Free Exercise the Attorney General’s Memorandum on law or as incorporated into a contract. Clause ‘protect[s] religious observers Religious Liberty. Consistent with these Finally, the proposed rule would against unequal treatment’ and subjects authorities, this proposed rule would directly reference the definition of to the strictest scrutiny laws that target delete the requirement in 24 CFR ‘‘religious exercise’’ in the Religious the religious for ‘special disabilities’ 5.109(g) that faith-based social service Land Use and Individualized Persons based on their ‘religious status.’’’ providers that carry out programs and Act of 2000, 42 U.S.C. 2000cc–5(7)(A), (quoting Church of Lukumi Babalu Aye, activities with direct Federal financial and would amend the definition of Inc. v. Hialeah, 508 U.S. 520, 533 (1993) assistance provide written notice to ‘‘indirect Federal Financial assistance’’ (alteration in original)). The Court in beneficiaries and refer beneficiaries to align more closely with the Supreme Trinity Lutheran added: ‘‘[T]his Court objecting to the organization’s religious Court’s definition in Zelman v. has repeatedly confirmed that denying a character to an alternative provider, and Simmons–Harris, 536 U.S. 639 (2002). generally available benefit solely on the requirement that faith-based B. Alternative Provider and Alternative account of religious identity imposes a organizations provide notices that are Provider Notice Requirement penalty on the free exercise of religion not required of secular organizations. that can be justified only by a state This proposed rule would also make Executive Order 13559 imposed interest ‘of the highest order.’’’ Id. clear that a faith-based organization that notice and referral burdens on faith- (quoting McDaniel v. Paty, 435 U.S. 618 applies or requests to participate in any based organizations not imposed on (1978) (plurality opinion); see also HUD funded program or activity, is secular organizations. Section 1(b) of Mitchell v. Helms, 530 U.S. 793, 827 assessed for eligibility in any HUD Executive Order 13559, entitled (2000) (plurality opinion) (‘‘The funded programs or activity, or actually ‘‘Fundamental Principles,’’ amended religious nature of a recipient should participates in any HUD funded section 2 of Executive Order 13279 by, not matter to the constitutional analysis, program or activity retains its in pertinent part, adding a new so long as the recipient adequately autonomy, right of expression, religious subsection (h) to section 2. As amended furthers the government’s secular character, and independence. It would by Executive Order 13559, section purpose.’’); Attorney General’s further clarify that none of the guidance 2(h)(i) directed agencies to ensure that Memorandum on Religious Liberty, documents that HUD or any ‘‘[i]f a beneficiary or a prospective principle 6 (‘‘Government may not intermediary or recipient uses in beneficiary of a social service program target religious individuals or entities administering HUD’s financial supported by Federal financial for special disabilities based on their assistance shall require faith-based assistance objects to the religious religion.’’). organizations to provide assurances or character of an organization that Applying the alternative provider notices where similar requirements are provides services under the program, requirement categorically to all faith- not imposed on secular organizations that organization shall, within a based providers and not to other and that any restrictions on the use of reasonable time after the date of the providers of federally funded social grant funds apply equally to faith-based objection, refer the beneficiary to an services is thus in tension with the and secular organizations. alternative provider.’’ Section 2(h)(ii) nondiscrimination principle articulated This proposed rule would also require directed agencies to establish policies in Trinity Lutheran and the Attorney that HUD’s notices of funding and procedures to ensure that referrals General’s Memorandum on Religious availability (NOFAs), grant agreements, are timely and follow privacy laws and Liberty. and cooperative agreements include regulations, that providers notify In addition, the alternative provider language clarifying the rights and agencies of and track referrals, and that requirement raises implications under obligations of faith-based organizations each beneficiary ‘‘receive[] written RFRA. Under RFRA, where the that apply for and receive Federal notice of the protections set forth in this Government substantially burdens an funding. The language provides notice subsection prior to enrolling in or entity’s exercise of religion, the to those applying for HUD funds that, receiving services from such program.’’ Government must prove that the burden among other things, faith-based In revising its regulations, HUD is in furtherance of a compelling organizations may apply for awards on explained in 2015 that the revisions government interest and is the least the same basis as any other would implement the alternative restrictive means of furthering that organization; that HUD will not, in the provider provisions in Executive Order interest. 42 U.S.C. 2000bb–1(b). The selection of recipients, discriminate 13559. Executive Order 13831, however, World Vision OLC opinion makes clear against an organization on the basis of has removed the alternative provider that when a faith-based grant recipient the organization’s religious exercise or requirements articulated in Executive carries out its social service programs, it affiliation; and that a faith-based Order 13559. HUD also explained that may engage in an exercise of religion organization that applies to participate the alternative provider provisions protected by RFRA. See Application of in, participates in, or is assessed for would protect religious liberty rights of the Religious Freedom Restoration Act

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to the Award of a Grant Pursuant to a Administration’s broader deregulatory documents regarding, among other Juvenile Justice and Delinquency agenda. things, ‘‘the distinction between ‘direct’ Prevention Act, 31 O.L.C. 162, 169–71 and ‘indirect’ Federal financial C. Other Notice Requirements (June 29, 2007). assistance[.]’’ 75 FR 71319, 71321 Requiring faith-based organizations to As noted above, Executive Order (2010). Following issuance of the comply with certain conditions in 13559 amended Executive Order 13279 Working Group’s report, the 2016 joint receiving social service grants may by adding a right to an alternative final rule amended existing regulations substantially burden their religious provider and notice of this right. While to make that distinction, and to clarify exercise. Id. at 174–83. When imposing Executive Order 13559’s requirement of that ‘‘organizations that participate in the alternative provider requirement in notice to beneficiaries was limited to programs funded by indirect financial 2016, the agencies asserted an interest notice of alternative providers, 24 CFR assistance need not modify their in informing beneficiaries of protections part 5 as recently amended goes further program activities to accommodate of their religious liberty. 81 FR 19353, than Executive Order 13559 by beneficiaries who choose to expend the 19365. In addition, the alternative requiring that faith-based social service indirect aid on those organizations’ provider requirement could in certain providers that carry out programs and programs,’’ need not provide notices or circumstances raise concerns under activities with direct Federal financial referrals to beneficiaries, and need not RFRA. Under RFRA, where the assistance from HUD provide a much separate their religious activities from Government substantially burdens an broader notice to beneficiaries and supported programs. 81 FR 19355, entity’s exercise of religion, the potential beneficiaries. This 19358 (2016). In so doing, the final rule Government must prove that the burden requirement applies only to faith-based attempted to capture the definition of is in furtherance of a compelling providers and not to other providers. In ‘‘indirect’’ aid that the U.S. Supreme addition to the notice of the right to an government interest and is the least Court employed in Zelman v. Simmons– alternative provider, the rule requires restrictive means of furthering that Harris, 536 U.S. 639 (2002). See 81 FR notice of nondiscrimination based on interest. 42 U.S.C. 2000bb–1(b). When a 19355, 19361–62 (2016). religion; that participation in religious faith-based grant recipient carries out its In Zelman, the Court emphasized that activities must be voluntary and social service programs, it may engage the government may provide indirect separate in time or space from activities in an exercise of religion protected by aid to a faith-based where the aid funded with direct Federal funds; and RFRA and certain conditions on reaches the faith-based entity by way of that beneficiaries or potential receiving those grants may substantially ‘‘true private choice,’’ with ‘‘no beneficiaries may report violations. evidence that the State deliberately burden the religious exercise of the Separate and apart from these notice recipient. See Application of the skewed incentives’’ to faith-based requirements, Executive Order 13279, as service providers. The Court upheld the Religious Freedom Restoration Act to amended, clearly set forth the challenged school-choice program the Award of a Grant Pursuant to a underlying requirements of because it conferred assistance ‘‘directly Juvenile Justice and Delinquency nondiscrimination, voluntariness, and to a broad class of individuals defined Prevention Act, 31 O.L.C. 162, 169–71, the holding of religious activities without reference to religion’’ (i.e., 174–83 (June 29, 2007). Requiring faith- separate in time or place from any parents of schoolchildren); it permitted based organizations to comply with the federally funded activity. Faith-based participation by both religious and alternative provider requirement could providers of social services, like other nonreligious educational providers; it impose such a burden, such as in a case providers of social services, are required allocated aid ‘‘on the basis of neutral, in which a faith-based organization has to follow the law and the requirements secular criteria that neither favor nor a religious objection to referring the of awards they receive. (See, e.g., 2 CFR disfavor religion’’; and it made aid beneficiary to an alternative provider part 200). There is no basis on which to available ‘‘to both religious and secular that provided services in a manner that presume that they are less likely than beneficiaries on a nondiscriminatory violated the organization’s religious other social service providers to follow basis.’’ Id. at 653–54 (quotation marks tenets. See Burwell v. Hobby Lobby the law. See Mitchell, 530 U.S. at 856– and citations omitted). While the Court Stores, Inc., 573 U.S. 682, 720–26 57 (O’Connor, J., concurring in noted the availability of secular (2014). And it is far from clear that this judgment) (noting that in Tilton v. providers, it specifically declined to requirement would meet the strict Richardson, 403 U.S. 672 (1971), the make its definition of indirect aid hinge scrutiny that RFRA requires of laws that Court’s upholding of grants to on the ‘‘preponderance of religiously substantially burden religious practice. universities for construction of affiliated private’’ providers in the city, With adoption of this rule, HUD buildings with the limitation that they as that preponderance arose apart from would no longer require its program only be used for secular educational the program; doing otherwise, the Court participants to identify or refer purposes ‘‘demonstrate[d] our concluded, ‘‘would lead to the absurd beneficiaries to alternate providers. In willingness to presume that the result that a neutral school-choice addition, the absence of a secular university would abide by the secular program might be permissible in some alternate provider will no longer be a content restriction.’’). There is thus no parts of Ohio, . . . but not in’’ others. block to the application, eligibility, or need for prophylactic protections that Id. at 656–58. The Court found that participation by faith-based entities in create administrative burdens on faith- ‘‘[t]he constitutionality of a neutral . . . any HUD program or activity. based providers and that are not aid program simply does not turn on Executive Order 13831 chose to imposed on other providers. whether and why, in a particular area, eliminate the alternative provider at a particular time, most [providers] are requirement for good reason. This D. Definition of Indirect Federal run by religious organizations, or most decision avoids tension with the Financial Assistance recipients choose to use the aid at a nondiscrimination principle articulated Executive Order 13559 directed its religious [provider].’’ Id. at 658. in Trinity Lutheran and the Attorney Interagency Working Group on Faith- The final rule issued after the General’s Memorandum on Religious Based and Other Neighborhood Working Group’s report included among Liberty, avoids problems with RFRA Partnerships (Working Group) to its criteria for indirect Federal financial that may arise, and fits within the propose model regulations and guidance assistance a requirement that

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beneficiaries have ‘‘at least one adequate Attorney General’s Memorandum on 77141 (December 12, 2002), as amended secular option’’ for use of the Federal Religious Liberty, 82 FR 49668 (October by Exec. Order No. 13559, 75 FR 71319 financial assistance. See 81 FR 19355, 26, 2017); Application of the Religious (November 17, 2010), and Exec. Order 19407–19426 (2016). In other words, the Freedom Restoration Act to the Award No. 13831, 83 FR 20715 (May 8, 2018). rule amended regulations to make the of a Grant Pursuant to the Juvenile Section 5.109(g) ‘‘Nondiscrimination definition of ‘‘indirect’’ aid hinge on the Justice and Delinquency Prevention Act, requirements,’’ as redesignated, is availability of secular providers. A 31 Op. O.L.C. 162 (2007) (World Vision proposed to be changed in order to align regulation defining ‘‘indirect Federal Opinion). the text more closely with the First financial assistance’’ to require the Appendix A adds language to all Amendment and with RFRA by actual availability of ‘‘one adequate Notices of Funding Availability that clarifying that organizations receiving secular option’’ is in tension with the clarifies the rights of faith-based indirect financial aid may require Supreme Court’s choice not to make the organizations applying for the relevant attendance to fundamentally important definition of indirect aid hinge on the award, including rights that spring from programmatic activities. This follows geographically varying availability of the First Amendment and RFRA See, the definition of indirect financial secular providers. Thus, it is e.g., Zelman v. Simmons-Harris, 536 assistance as discussed in II(D) above. appropriate to amend existing U.S. 639 (2002); Trinity Lutheran See, e.g., Zelman v. Simmons-Harris, regulations to bring the definition of Church of Columbia, Inc. v. Comer, 137 536 U.S. 639 (2002)); principles 10–15 ‘‘indirect’’ aid more closely into line S. Ct. 2012 (2017); principles 2, 3, 6–7, of the Attorney General’s Memorandum with the Supreme Court’s definition in 9–17, 19, and 20 of the Attorney on Religious Liberty, 82 FR 49668 Zelman. General’s Memorandum on Religious (October 26, 2017). Liberty, 82 FR 49668 (October 26, 2017); HUD proposes to add a new § 5.109(h) Explanations for the Proposed Exec. Order No. 13279, 67 FR 77141 in order to clarify the text and align it Amendments (December 12, 2002), as amended by more closely with the First Amendment HUD proposes to revise § 5.109 Exec. Order No. 13559, 75 FR 71319 and with RFRA. This section prevents entitled, ‘‘Equal participation of faith- (November 17, 2010), and Exec. Order HUD or intermediaries from targeting based organizations in HUD programs No. 13831, 83 FR 20715 (May 8, 2018). faith-based organizations by asking and activities,’’ consistent with HUD also proposes to revise them to provide additional assurances Executive Order 13831, 83 Fed. 20715 § 5.109(d) to eliminate extraneous that similarly situated secular (May 8, 2018). Specifically, the language relating to direct Federal organizations do not have to provide. definition in § 5.109(b) of ‘‘Indirect financial assistance that is covered in See, e.g., Trinity Lutheran Church of Federal financial assistance’’ is § 5.109(e) and provide language to align Columbia, Inc. v. Comer, 137 S. Ct. 2012 proposed to be changed in order to align it more closely with the First (2017)); principles 6, 7, and 10–15 of the the text more closely with the First Amendment and with RFRA. This Attorney General’s Memorandum on Amendment as described in II(D) above. language clarifies the scope of the Religious Liberty, 82 FR 49668 (October See, e.g., Zelman v. Simmons-Harris, independence that faith-based 26, 2017). 536 U.S. 639 (2002); Trinity Lutheran organizations receive when they apply Section 5.109(l) is proposed to be Church of Columbia, Inc. v. Comer, 137 for or participate in a HUD program, and added in order to align more closely S. Ct. 2012 (2017). that they do not lose any protections of with RFRA. This clarifies HUD’s Section 5.109(b) would also be law highlighted by the Attorney treatment of tax-exempt organizations revised to add a definition of ‘‘Religious General’s Memorandum on Religious including for entities that sincerely exercise’’ in order to align the text more Liberty merely by applying for or believe that they cannot register for tax closely with the definitions used in the participating in such programs. See, e.g., exemption. See, e.g., principles 10–15 of Religious Freedom Restoration Act of Exec. Order No. 13279, 67 FR 77141 the Attorney General’s Memorandum on 1993 (RFRA), 42 U.S.C. 2000bb et seq., (December 12, 2002), as amended by Religious Liberty, 82 FR 49668 (October and with the Religious Land Use and Exec. Order No. 13831, 83 FR 20715 26, 2017). Individualized Persons Act of 2000 (May 8, 2018); principles 9–15, 19, and Section 5.109(m) is proposed to be (RLUIPA), 42 U.S.C. 2000cc–5(7)(A). 20 of the Attorney General’s added in order to align the text more See, e.g., principles 10–15 of the Memorandum on Religious Liberty, 82 closely with the First Amendment by Attorney General’s Memorandum on FR 49668 (October 26, 2017). providing a rule of construction to Religious Liberty, 82 FR 49668 (October Section 5.109(e) would be revised to interpret these provisions in a way that 26, 2017). bring consistency with Executive Order does not favor or disfavor religious Section 5.109(c) would also be revised No. 13559, 75 FR 71319 (November 22, organizations. See, e.g., Larson v. by adding clarifying language and to 2010), by further clarifying that the Valente, 456 U.S. 228 (1982)); principle align it more closely with RFRA. The restrictions in § 5.109(e) do not apply to 8 of the Attorney General’s language would clarify that religious the use of indirect Federal financial Memorandum on Religious Liberty, 82 organizations may be eligible for assistance. FR 49668 (October 26, 2017). religious accommodations appropriate As discussed in II(B)–(C) above, under the Constitution or other § 5.109(g) would be deleted in III. Tribal Consultation provisions of federal law, including but accordance with Executive Order 13831. HUD’s policy is to consult with not limited to 42 U.S.C. 2000bb et seq., These changes would also align the text Indian tribes early in the process on 42 U.S.C. 238n, 42 U.S.C. 18113, 42 more closely with the First Amendment matters that have tribal implications. U.S.C. 2000e–1(a) and 2000e–2(e), 42 and with RFRA. See, e.g., Zelman v. Accordingly, on July 16, 2019, HUD sent U.S.C. 12113(d), and the Weldon Simmons-Harris, 536 U.S. 639 (2002), letters to all tribal leaders participating Amendment. It would also require Trinity Lutheran Church of Columbia, in HUD programs, informing them of the notices of funding availability, grant Inc. v. Comer, 137 S. Ct. 2012 (2017); nature of this forthcoming rulemaking. agreements, and cooperative agreements principles 2, 3, 6–7, 9–17, 19, and 20 of HUD received one comment in response to include Appendix A, which clarifies the Attorney General’s Memorandum on to those letters, regarding the ability of the rights of religious applicants. See, Religious Liberty, 82 FR 49668 (October faith-based organizations to access e.g., principles 6, 10–15, and 20 of the 26, 2017); Exec. Order No. 13279, 67 FR funds designated for Indian tribes under

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the Indian Community Development significant, but not economically selected those approaches that Block Grant program. Tribal leaders are significant, regulatory action subject to maximize net benefits. Based on the welcome to provide public comments review by OMB under section 3(f) of analysis that follows, HUD believes that on this proposed rule. Executive Order 12866. Accordingly, this proposed regulation is consistent OMB has reviewed this rule. with the principles in Executive Order IV. Findings and Certifications HUD has also reviewed these 13563. It is the reasoned determination Executive Order 12866 and 13563— regulations under Executive Order of HUD that this proposed action would, Regulatory Planning and Review 13563, which supplements and to a significant degree, eliminate costs This proposed rule has been drafted reaffirms the principles, structures, and that have been incurred by faith-based in accordance with Executive Order definitions governing regulatory review organizations as they complied with the established in Executive Order 12866. 13563, ‘‘Improving Regulation and requirements of section 2(b) of To the extent permitted by law, section Regulatory Review,’’ of January 18, Executive Order 13559, while not 1(b) of Executive Order 13563 requires 2011, 76 FR 3821, and Executive Order adding any other requirements for those that an agency: (1) Propose or adopt 12866, ‘‘Regulatory Planning and organizations. HUD also has determined regulations only upon a reasoned Review,’’ of September 30, 1993, 58 FR that this regulatory action does not determination that their benefits justify 51735. Executive Order 13563 directs unduly interfere with State, local, or their costs (recognizing that some agencies, to the extent permitted by law, tribal governments in the exercise of benefits and costs are difficult to their governmental functions. to propose or adopt a regulation only quantify); (2) tailor its regulations to In accordance with Executive Orders upon a reasoned determination that its impose the least burden on society, 12866 and 13563, HUD has assessed the benefits justify its costs; tailor the consistent with obtaining regulatory potential costs and benefits, both regulation to impose the least burden on objectives, and taking into account— quantitative and qualitative, of this society, consistent with obtaining the among other things and to the extent regulatory action. The potential costs regulatory objectives; and, in choosing practicable—the costs of cumulative and cost savings associated with this among alternative regulatory regulations; (3) in choosing among regulatory action are those resulting approaches, select those approaches that alternative regulatory approaches, select from the removal of the notification and maximize net benefits. Executive Order those approaches that maximize net referral requirements of Executive Order 13563 recognizes that some benefits and benefits (including potential economic, 13279, as amended by Executive Order costs are difficult to quantify and environmental, public health and safety, 13559 and further amended by provides that, where appropriate and and other advantages; distributive Executive Order 13831. HUD recognizes permitted by law, agencies may impacts; and equity); (4) to the extent that the removal of the notice and consider and discuss qualitatively feasible, specify performance objectives, referral requirements could impose values that are difficult or impossible to rather than the behavior or manner of some costs on beneficiaries who may quantify, including equity, human compliance that regulated entities must now need to investigate alternative dignity, fairness, and distributive adopt; and (5) identify and assess providers on their own if they object to impacts. available alternatives to direct the religious character of a potential Under Executive Order 12866, the regulation, including providing provider. HUD invites comment on any Office of Information and Regulatory economic incentives—such as user fees information that it could use to quantify Affairs (OIRA) must determine whether or marketable permits—to encourage the this potential cost. HUD also notes a this regulatory action is ‘‘significant’’ desired behavior, or providing quantifiable cost savings of the removal and, therefore, subject to the information that enables the public to of the notice requirements. HUD requirements of the Executive Order and make choices. 76 FR 3821, 3821 (Jan. 21, estimates this cost savings as $656,128. subject to review by the Office of 2011). Section 1(c) of Executive Order HUD invites comment on any data by Management and Budget (OMB). 13563 also requires an agency ‘‘to use which it could assess the actual Section 3(f) of Executive Order 12866 the best available techniques to quantify implementation costs of the notice and defines a ‘‘significant regulatory action’’ anticipated present and future benefits referral requirement—including any as an action likely to result in a and costs as accurately as possible.’’ Id. estimates of staff time spent on regulation that may (1) have an annual OIRA has emphasized that these compliance with the requirement, in effect on the economy of $100 million techniques may include ‘‘identifying addition to the printing costs for the or more or adversely affect in a material changing future compliance costs that notices referenced above—and thereby way the economy, a sector of the might result from technological accurately quantify the cost savings of economy, productivity, competition, innovation or anticipated behavioral removing these requirements. jobs, the environment, public health or changes.’’ Memorandum for the Heads In terms of benefits, HUD recognizes safety, or State, local, or tribal of Executive Departments and Agencies, a benefit to religious liberty that comes governments or communities (also and of Independent Regulatory from removing requirements imposed referred to as an ‘‘economically Agencies, from Cass R. Sunstein, solely on faith-based organizations in significant’’ regulation); (2) create a Administrator, Office of Information tension with the principles of free serious inconsistency or otherwise and Regulatory Affairs, Re: Executive exercise articulated in Trinity Lutheran. interfere with an action taken or Order 13563, ‘‘Improving Regulation HUD also recognizes a benefit to grant planned by another agency; (3) and Regulatory Review’’, at 1 (Feb. 2, recipients and beneficiaries alike that materially alter the budgetary impacts of 2011), available at: https:// comes from increased clarity in the entitlements, grants, user fees, or loan www.whitehouse.gov/sites/ regulatory requirements that apply to programs or the rights and obligations of whitehouse.gov/files/omb/memoranda/ faith-based organizations’ operating recipients thereof; or (4) raise novel 2011/m11-10.pdf. programs and activities funded by the legal or policy issues arising out of legal HUD is issuing these proposed Federal Government. Beneficiaries will mandates, the President’s priorities, or regulations upon a reasoned also benefit from the increased capacity the principles stated in Executive Order determination that their benefits justify of faith-based social-service providers to 12866. OIRA has determined that this their costs. In choosing among provide services, both because these proposed regulatory action is a alternative regulatory approaches, HUD providers will be able to shift resources

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otherwise spent fulfilling the notice and Fairness Act of 1996 (SBREFA), direct compliance costs on State and referral requirements to provision of generally requires an agency to prepare local governments, that is not required services, and because more faith-based a regulatory flexibility analysis of any by statute, or that preempts State law, social service providers may participate rule subject to the notice and comment unless the agency meets the in the marketplace once reassured that rulemaking requirements under the consultation and funding requirements the government will not impose Administrative Procedure Act (5 U.S.C. of section 6 of the Executive Order. burdensome obligations based on their 553) or any other statute, unless the Because each change proposed by this religious character. agency certifies that the rule will not rule does not have federalism have a significant economic impact on implications as defined in the Executive Executive Order 13771, Reducing a substantial number of small entities. Order, does not impose direct Regulation and Controlling Regulatory HUD has determined that this rule will compliance costs on State and local Costs not have a significant economic impact governments, is required by statute, and Executive Order 13771, entitled on a substantial number of small does not preempt State law within the ‘‘Reducing Regulation and Controlling entities. Consequently, HUD has not meaning of the Executive Order, HUD Regulatory Costs,’’ was issued on prepared a regulatory flexibility has concluded that compliance with the January 30, 2017 (82 FR 9339, February analysis. requirements of section 6 is not 3, 2017). Section 2(a) of Executive Order necessary. Executive Order 12988: Civil Justice 13771 requires an agency, unless Reform Paperwork Reduction Act prohibited by law, to identify at least two existing regulations to be repealed This proposed rule has been reviewed In accordance with the Paperwork when the agency publicly proposes for in accordance with Executive Order Reduction Act, an agency may not notice and comment, or otherwise 12988, ‘‘Civil Justice Reform’’ (61 FR conduct or sponsor, and a person is not promulgates, a new regulation. In 4729, February 6, 1996). The provisions required to respond to, a collection of furtherance of this requirement, section of this proposed rule will not have information, unless the collection 2(c) of Executive Order 13771 requires preemptive effect with respect to any displays a currently valid OMB control that the new incremental costs State or local laws, regulations, or number. The current collection for this associated with new regulations shall, to policies that conflict with such rule is approved as OMB control the extent permitted by law, be offset by provision or which otherwise impede number 2535–0122. HUD previously the elimination of existing costs their full implementation. The rule will estimated a cost of no more than 2 associated with at least two prior not have retroactive effect. burden hours and $100 annual materials regulations. This proposed rule is cost for the notices and 2 burden hours Executive Order 13132: Federalism expected to be an E.O. 13771 per referral. 81 FR 19389. The overall deregulatory action. Executive Order 13132 (64 FR 43255, reporting and recordkeeping burden August 4, 1999) directs that, to the will be removed if this rule is finalized Regulatory Flexibility Act extent practicable and permitted by law, as proposed and the hours reduced by The Regulatory Flexibility Act (5 an agency shall not promulgate any 25,620 and costs of $656,128. The U.S.C. 601–612), as amended by the regulation that has federalism change to the information collection Small Business Regulatory Enforcement implications, that imposes substantial will be as follows:

Frequency of Information collection Number of response per Burden hour Annual burden New burden respondents annum per response hours hours

5.109(g) (Written Notice of Rights) ...... 726,053 1 .0333 24,178 0 5.109(g) (Referral) ...... 726 1 2 1,452 0

Total Savings ...... 25,620 0

In accordance with 5 CFR collection of information on those who best assured of having its full effect if 1320.8(d)(1), HUD is soliciting are to respond; including through the OMB receives the comment within 30 comments from members of the public use of appropriate automated collection days of the publication. This time frame and affected agencies concerning the techniques or other forms of information does not affect the deadline for information collection requirements in technology (e.g., permitting electronic comments to the agency on the the proposed rule regarding: submission of responses). proposed rule, however. Comments (1) Whether the proposed collection Interested persons are invited to must refer to the proposed rule by name of information is necessary for the submit comments regarding the and docket number (FR–6085) and must proper performance of the functions of information collection requirements in be sent to: the agency, including whether the this rule. The proposed information HUD Desk Officer, Office of information will have practical utility; collection requirements in this rule have Management and Budget, New (2) The accuracy of the agency’s been submitted to OMB for review Executive Office Building, estimate of the burden of the proposed under section 3507(d) of the Paperwork Washington, DC 20503, Fax number: collection of information; Reduction Act. Under the provisions of 202–395–6947. (3) Whether the proposed collection 5 CFR part 1320, OMB is required to and of information enhances the quality, make a decision concerning this Colette Pollard, HUD Reports Liaison utility, and clarity of the information to collection of information between 30 Officer, Department of Housing and be collected; and and 60 days after the publication date. Urban Development, 451 7th Street (4) Whether the proposed information Therefore, a comment on the SW, Room 2204, Washington, DC collection minimizes the burden of the information collection requirements is 20410.

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Interested persons may submit PART 5—GENERAL HUD PROGRAM considered indirect when the comments regarding the information REQUIREMENTS; WAIVERS Government program through which the collection requirements electronically beneficiary receives the voucher, through the Federal eRulemaking Portal ■ 1. The authority citation for part 5 is certificate, or other similar means of at http://www.regulations.gov. HUD revised to read as follows: Government-funded payment is neutral strongly encourages commenters to Authority: 12 U.S.C. 1701x; 42 U.S.C. toward religion meaning that it is submit comments electronically. 1437a, 1437c, 1437f, 1437n, 3535(d); Sec. available to providers without regard to Electronic submission of comments 327, Pub. L. 109–115, 119 Stat. 2936; Sec. the religious or non-religious nature of allows the commenter maximum time to 607, Pub. L. 109–162, 119 Stat. 3051 (42 the institution and there are no program prepare and submit a comment, ensures U.S.C. 14043e et seq.); E.O. 13279, 67 FR incentives that deliberately skew for or timely receipt by HUD, and enables 77141; E.O. 13559, 75 FR 71319; E.O 13831, against religious or secular providers; HUD to make them immediately 83 FR 20715. and the organization receives the available to the public. Comments ■ 2. Amend § 5.109 by: assistance as a result of a genuine, submitted electronically through the ■ a. Revising paragraphs (a); independent choice of the beneficiary. http://www.regulations.gov website can ■ b. In paragraph (b), revising the * * * * * be viewed by other commenters and definition ‘‘Indirect Federal financial Religious exercise has the meaning interested members of the public. assistance’’ and adding the definition given to the term in 42 U.S.C. 2000cc– Commenters should follow the ‘‘Religious exercise’’ in alphabetical 5(7)(A). instructions provided on that site to order; (c) Equal participation of faith-based submit comments electronically. ■ c. Revising paragraphs (c) and (d); organizations in HUD programs and ■ d. In paragraph (e), adding a sentence activities. Faith-based organizations are Unfunded Mandates Reform Act at the end of the paragraph; eligible, on the same basis as any other The Unfunded Mandates Reform Act ■ e. Removing paragraph (g); organization, to participate in any HUD of 1995 (2 U.S.C. 1531–1538) (UMRA) ■ f. Redesignating paragraph (h) as program or activity, considering any establishes requirements for Federal paragraph (g) and revising newly permissible accommodations, agencies to assess the effects of their redesignated paragraph (g)’’; and particularly under the Religious regulatory actions on State, local, and ■ g. Adding paragraphs (h), (l), and (m). Freedom Restoration Act. Neither the tribal governments and on the private The revisions and additions read as Federal Government, nor a State, tribal sector. This proposed rule does not follows: or local government, nor any other entity that administers any HUD impose a Federal mandate on any state, § 5.109 Equal participation of faith-based local, or tribal government, or on the organizations in HUD programs and program or activity, shall discriminate private sector, within the meaning of activities. against an organization on the basis of UMRA. the organization’s religious character, (a) Purpose. Consistent with affiliation, or lack thereof, or exercise. In List of Subjects Executive Order 13279, entitled ‘‘Equal addition, decisions about awards of Protection of the Laws for Faith-Based 24 CFR Part 5 Federal financial assistance must be free and Community Organizations,’’ as from political interference or even the Administrative practice and amended by Executive Order 13559, appearance of such interference and procedure, Aged, Claims, Crime, entitled ‘‘Fundamental Principles and must be made on the basis of merit, not Government contracts, Grant programs- Policymaking Criteria for Partnerships based on the organization’s religious housing and community development, With Faith-Based and Other character, affiliation, or lack thereof, or Individuals with disabilities, Neighborhood Organizations,’’ and as exercise. Notices of funding availability, Intergovernmental relations, Loan amended by Executive Order 13831, grant agreements, and cooperative programs-housing and community entitled ‘‘Establishment of a White agreements shall include language development, Low and moderate House Faith and Opportunity substantially similar to that in income housing, Mortgage insurance, Initiative,’’ this section describes Appendix A to this subpart, where faith- Penalties, Pets, Public housing, Rent requirements for ensuring the equal based organizations are statutorily subsidies, Reporting and recordkeeping participation of faith-based eligible for such opportunities. requirements, Social security, organizations in HUD programs and (d) Independence and Identity of Unemployment compensation, Wages. activities. These requirements apply to Faith-Based Organizations. (1) A faith- all HUD programs and activities, 24 CFR Part 92 based organization that applies for, or including all of HUD’s Native American participates in, a HUD program or Administrative practice and Programs, except as may be otherwise activity supported with Federal procedure, Low and moderate income noted in the respective program financial assistance retains its housing, Manufactured homes, Rent regulations in title 24 of the Code of autonomy, right of expression, religious subsidies, Reporting and recordkeeping Federal Regulations (CFR), or unless character, authority over its governance, requirements. inconsistent with certain HUD program and independence, and may continue to 24 CFR Part 578 authorizing statutes. carry out its mission, including the *** definition, development, practice, and Community development, (b) * * * expression of its religious beliefs. A Community facilities, Grant programs- Indirect Federal financial assistance faith-based organization that receives housing and community development, means Federal financial assistance Federal financial assistance from HUD Grant programs-social programs, provided when the choice of the does not lose the protections of law. Homeless, Reporting and recordkeeping provider is placed in the hands of the requirements. beneficiary, and the cost of that service Note 1 to paragraph (d)(1): Memorandum for All Executive Departments and Agencies, Accordingly, for the reasons set forth is paid through a voucher, certificate, or From the Attorney General, ‘‘Federal Law in the preamble, parts 5, and 92 of Title other similar means of Government- Protections for Religious Liberty’’ (Oct. 6, 24 of the Code of Federal Regulations is funded payment. Federal financial 2017) (describing federal law protections for proposed to be amended as follows: assistance provided to an organization is religious liberty).

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(2) A faith-based organization that All organizations that participate in (i) The organization is a nonprofit receives direct Federal financial HUD programs or activities, including organization operating within the State; assistance may use space (including a organizations with religious character or and sanctuary, chapel, prayer hall, or other affiliations, must carry out eligible (ii) No part of its net earnings may space) in its facilities (including a activities in accordance with all benefit any private shareholder or temple, synagogue, church, mosque, or program requirements, subject to any individual; other place of worship) to carry out required or appropriate accommodation, (3) A certified copy of the applicant’s activities under a HUD program without particularly under the Religious certificate of incorporation or similar concealing, altering, or removing Freedom Restoration Act, and other document that clearly establishes the religious art, icons, scriptures, or other applicable requirements governing the nonprofit status of the applicant; (4) Any item described in paragraphs religious symbols. In addition, a faith- conduct of HUD-funded activities, (l)(1) through (l)(3) of this section, if that based organization participating in a including those prohibiting the use of item applies to a State or national parent HUD program or activity retains its direct financial assistance to engage in organization, together with a statement authority over its internal governance, explicitly religious activities. No notice by the state or parent organization that and may retain religious terms in its of funding availability, grant agreement, the applicant is a local nonprofit organization’s name, select its board cooperative agreement, covenant, members and employees on the basis of affiliate; or memorandum of understanding, policy, (5) For an entity that holds a their acceptance of or adherence to the or regulation that is used by HUD or a religious tenets of the organization, and sincerely-held religious belief that it recipient or intermediary in cannot apply for a determination as an include religious references in its administering financial assistance from organization’s mission statements and entity that is tax-exempt under section HUD shall disqualify otherwise eligible 501(c)(3) of the Internal Revenue Code, other governing documents. faith-based organizations from (e) * * * The use of indirect Federal evidence sufficient to establish that the participating in HUD’s programs or entity would otherwise qualify as a financial assistance is not subject to this activities because such organization is restriction. Nothing in this part restricts nonprofit organization under paragraphs motivated or influenced by religious HUD’s authority under applicable (l)(1) through (l)(4) of this section. faith to provide such programs and Federal law to fund activities, that can (m) Rule of construction. Neither HUD activities, or because of its religious be directly funded by the Government nor any recipient or other intermediary exercise or affiliation. consistent with the Establishment receiving funds under any HUD Clause of the U.S. Constitution. * * * * * program or activity shall construe these provisions in such a way as to * * * * * (l) Tax exempt organizations. In advantage or disadvantage faith-based (g) Nondiscrimination requirements. general, HUD does not require that a organizations affiliated with historic or Any organization that receives Federal recipient, including a faith-based well-established religions or sects in financial assistance under a HUD organization, obtain tax-exempt status comparison with other religions or program or activity shall not, in under section 501(c)(3) of the Internal sects. providing services with such assistance Revenue Code to be eligible for funding ■ 3. Add Appendix A to Subpart A of or carrying out activities with such under HUD programs. Many grant Part 5 to read as follows: assistance, discriminate against a programs, however, do require an beneficiary or prospective beneficiary organization to be a nonprofit Appendix A to Subpart A of Part 5— on the basis of religion, religious belief, organization in order to be eligible for Notice of Funding Availability a refusal to hold a religious belief, or a funding. Notices of funding availability Faith-based organizations may apply for refusal to attend or participate in a that require organizations to have this award on the same basis as any other religious practice. However, this section nonprofit status will specifically so organization, as set forth at, and subject to does not require any organization that indicate in the eligibility section of the the protections and requirements of 42 U.S.C. only receives indirect Federal financial notice of funding availability. In 2000bb et seq., HUD will not, in the selection of recipients, discriminate against an assistance to modify its program or addition, if any notice of funding activities to accommodate a beneficiary organization on the basis of the availability requires an organization to organization’s religious exercise or affiliation. that selects the organization to receive maintain tax-exempt status, it will A faith-based organization that participates indirect aid or prohibit such expressly state the statutory authority in this program will retain its independence, organization from requiring attendance for requiring such status. Applicants and may continue to carry out its mission at all activities that are fundamental to should consult with the appropriate consistent with religious freedom protections the program. HUD program office to determine the in Federal law, including the Free Speech (h) No additional assurances from scope of any applicable requirements. In and Free Exercise clauses of the Constitution, 42 U.S.C. 2000bb et seq., 42 U.S.C. 238n, 42 faith-based organizations. A faith-based HUD programs in which an applicant organization is not rendered ineligible U.S.C. 18113, 42 U.S.C. 2000e–1(a) and must show that it is a nonprofit 2000e–2(e), 42 U.S.C. 12113(d), and the by its religious nature to access and organization but this is not statutorily Weldon Amendment, among others. participate in HUD programs. No notice defined, the applicant may do so by any Religious accommodations may also be of funding availability, grant agreement, of the following means: sought under many of these religious cooperative agreement, covenant, freedom protection laws, particularly under memorandum of understanding, policy, (1) Proof that the Internal Revenue the Religious Freedom Restoration Act. or regulation that is used by HUD or a Service currently recognizes the A faith-based organization may not use recipient or intermediary in applicant as an organization to which direct financial assistance from HUD to administering Federal financial contributions are tax deductible under support or engage in any explicitly religious activities except where consistent with the assistance from HUD shall require section 501(c)(3) of the Internal Revenue Code; Establishment Clause and any other otherwise eligible faith-based applicable requirements. Such an organizations to provide assurances or (2) A statement from a State or other organization also may not, in providing notices where they are not required of governmental taxing body or the State services funded by HUD, discriminate against similarly situated secular organizations. secretary of State certifying that— a program beneficiary or prospective program

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beneficiary on the basis of a refusal to hold further instructions on submitting been designated a ‘‘significant a religious belief, or a refusal to attend or comments. regulatory action,’’ under Executive participate in a religious practice. FOR FURTHER INFORMATION CONTACT: If Order 12866. Accordingly, the NPRM has not been reviewed by the Office of PART 92—HOME INVESTMENT you have questions about this proposed Management and Budget (OMB), and PARTNERSHIPS PROGRAM rulemaking, call or email Chief Petty Officer Robert Davis, Sector Guam, U.S. pursuant to OMB guidance it is exempt ■ 4. The authority citation for part 92 Coast Guard, by telephone at (671) 355– from the requirements of Executive continues to read as follows: 4866, or email at [email protected]. Order 13771. This regulatory action determination Authority: 42 U.S.C. 3535(d), 12 U.S.C. SUPPLEMENTARY INFORMATION: is based on the size, location, duration, 1701x and 4568. I. Table of Abbreviations and time-of-day of the safety zone. § 92.508 [Amended] Vessel traffic will be able to safely CFR Code of Federal Regulations transit around this safety zone, which ■ 5. Amend § 92.508 by removing DHS Department of Homeland Security paragraph (a)(2)(xiii). FR Federal Register will impact a small designated area of Tanapag Harbor for 2 hours. Moreover, Dated: January 2, 2020. NPRM Notice of proposed rulemaking § Section the Coast Guard will issue a Broadcast Benjamin S. Carson, Sr., U.S.C. United States Code Notice to Mariners via VHF–FM marine Secretary. channel 16 about the zone, and the rule [FR Doc. 2020–02495 Filed 2–12–20; 8:45 am] II. Background, Purpose, and Legal allows vessels to seek permission to Basis BILLING CODE 4210–67–P enter the zone. The Escape from Managaha swim B. Impact on Small Entities event is a recurring annual event. We DEPARTMENT OF HOMELAND have established safety zones for this The Regulatory Flexibility Act of SECURITY swim event in past years. 1980, 5 U.S.C. 601–612, as amended, The purpose of this rule is to ensure requires Federal agencies to consider Coast Guard the safety of the participants and the the potential impact of regulations on navigable waters in the safety zone small entities during rulemaking. The 33 CFR Part 165 before, during, and after the scheduled term ‘‘small entities’’ comprises small businesses, not-for-profit organizations [Docket Number USCG–2020–0019 swim event. The Coast Guard is proposing this rulemaking under that are independently owned and RIN 1625–AA00 authority in 46 U.S.C 70034 (previously operated and are not dominant in their codified in 33 U.S.C. 1231). fields, and governmental jurisdictions Safety Zone; Tanapag Harbor, Saipan, with populations of less than 50,000. CNMI III. Discussion of Proposed Rule The Coast Guard certifies under 5 U.S.C. The COTP is proposing to establish a 605(b) that this proposed rule would not AGENCY: Coast Guard, DHS. safety zone from 6:30 a.m. to 8:30 a.m. have a significant economic impact on ACTION: Notice of proposed rulemaking. on March 28, 2020 or April 04, 2020. a substantial number of small entities. While some owners or operators of SUMMARY: The Coast Guard is proposing This safety zone is necessary to protect vessels intending to transit the safety to establish a safety zone for navigable all persons and vessels participating in zone may be small entities, for the waters within Tanapag Harbor, Saipan. this marine event from potential safety reasons stated in section IV.A above, This safety zone will encompass the hazards associated with vessel traffic in this proposed rule would not have a designated swim course for the Escape the area. Race participants, chase boats, significant economic impact on any from Managaha swim event in the and organizers of the event will be vessel owner or operator. waters of Tanapag Harbor, Saipan, exempt from the safety zone. Entry of If you think that your business, Commonwealth of the Northern Mariana persons or vessels into this safety zone organization, or governmental Islands. This action is necessary to is prohibited unless authorized by the jurisdiction qualifies as a small entity protect all persons and vessels COTP. The regulatory text we are and that this rule would have a participating in this marine event from proposing appears at the end of this significant economic impact on it, potential safety hazards associated with document. please submit a comment (see vessel traffic in the area. Race IV. Regulatory Analyses ADDRESSES) explaining why you think it participants, chase boats, and organizers We developed this proposed rule after qualifies and how and to what degree of the event will be exempt from the considering numerous statutes and this rule would economically affect it. safety zone. Entry of persons or vessels Executive Orders related to rulemaking. Under section 213(a) of the Small into the safety zone is prohibited unless Below we summarize our analyses Business Regulatory Enforcement authorized by the Captain of the Port based on a number of these statutes and Fairness Act of 1996 (Pub. L. 104–121), (COTP) Guam. We invite your Executive Orders, and we discuss First we want to assist small entities in comments on this proposed rulemaking. Amendment rights of protestors. understanding this proposed rule. If the DATES: Comments and related material rule would affect your small business, must be received by the Coast Guard on A. Regulatory Planning and Review organization, or governmental or before March 16, 2020. Executive Orders 12866 and 13563 jurisdiction and you have questions ADDRESSES: You may submit comments direct agencies to assess the costs and concerning its provisions or options for identified by docket number USCG– benefits of available regulatory compliance, please call or email the 2020–0019 using the Federal alternatives and, if regulation is person listed in the FOR FURTHER eRulemaking Portal at https:// necessary, to select regulatory INFORMATION CONTACT section. The Coast www.regulations.gov. See the ‘‘Public approaches that maximize net benefits. Guard will not retaliate against small Participation and Request for Executive Order 13771 directs agencies entities that question or complain about Comments’’ portion of the to control regulatory costs through a this proposed rule or any policy or SUPPLEMENTARY INFORMATION section for budgeting process. This NPRM has not action of the Coast Guard.

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C. Collection of Information cumulatively have a significant effect on website’s instructions. Additionally, if This proposed rule would not call for the human environment. This proposed you go to the online docket and sign up a new collection of information under rule involves a safety zone lasting for 2 for email alerts, you will be notified the Paperwork Reduction Act of 1995 hours that will prohibit entry within when comments are posted or a final (44 U.S.C. 3501–3520). 100-yards of swim participants. rule is published. Normally such actions are categorically D. Federalism and Indian Tribal excluded from further review under List of Subjects in 33 CFR Part 165 Governments paragraph L60(a) of Appendix A, Table Harbors, Marine safety, Navigation A rule has implications for federalism 1 of DHS Instruction Manual 023–01– (water), Reporting and recordkeeping under Executive Order 13132 001–01, Rev. 1. A preliminary Record of requirements, Security measures, (Federalism), if it has a substantial Environmental Consideration Waterways. direct effect on the States, on the supporting this determination is For the reasons discussed in the relationship between the national available in the docket. For instructions preamble, the Coast Guard is proposing government and the States, or on the on locating the docket, see the to amend 33 CFR part 165 as follows: distribution of power and ADDRESSES section of this preamble. We responsibilities among the various seek any comments or information that PART 165—SAFETY ZONE; TANAPAG levels of government. We have analyzed may lead to the discovery of a HARBOR, SAIPAN, CNMI. this proposed rule under that Executive significant environmental impact from ■ 1. The authority citation for part 165 Order and have determined that it is this proposed rule. continues to read as follows: consistent with the fundamental G. Protest Activities federalism principles and preemption Authority: 46 U.S.C. 70034; 46 U.S.C. requirements described in Executive The Coast Guard respects the First 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and Order 13132. Amendment rights of protesters. 160.5; Department of Homeland Security Also, this proposed rule does not have Protesters are asked to call or email the Delegation No. 0170.1. tribal implications under Executive person listed in the FOR FURTHER ■ 2. Add § 165.T05–0019 to read as Order 13175 (Consultation and INFORMATION CONTACT section to follows: Coordination with Indian Tribal coordinate protest activities so that your Governments) because it would not message can be received without § 165. T05–0019 Safety Zone; Tanapag Harbor, Saipan, CNMI. have a substantial direct effect on one or jeopardizing the safety or security of more Indian tribes, on the relationship people, places, or vessels. (a) Location. The following area, between the Federal Government and within the Guam Captain of the Port V. Public Participation and Request for (COTP) Zone (See 33 CFR 3.70–15), all Indian tribes, or on the distribution of Comments power and responsibilities between the navigable waters within a 100-yard Federal Government and Indian tribes. We view public participation as radius of race participants in Tanapag If you believe this proposed rule has essential to effective rulemaking, and Harbor, Saipan. Race participants, chase implications for federalism or Indian will consider all comments and material boats, and organizers of the event will tribes, please call or email the person received during the comment period. be exempt from the safety zone. listed in the FOR FURTHER INFORMATION Your comment can help shape the (b) Effective dates. This rule is CONTACT section. outcome of this rulemaking. If you effective from 6:30 a.m. to 8:30 a.m. on submit a comment, please include the March 28, 2020 or April 04, 2020. E. Unfunded Mandates Reform Act docket number for this rulemaking, (c) Regulations. (1) In accordance with The Unfunded Mandates Reform Act indicate the specific section of this the general regulations in section of 1995 (2 U.S.C. 1531–1538) requires document to which each comment § 165.23, entry into, transiting, or Federal agencies to assess the effects of applies, and provide a reason for each anchoring within this safety zone is their discretionary regulatory actions. In suggestion or recommendation. prohibited unless authorized by the particular, the Act addresses actions We encourage you to submit COTP or a designated on-scene that may result in the expenditure by a comments through the Federal representative. State, local, or tribal government, in the eRulemaking Portal at https:// (2) This safety zone is closed to all aggregate, or by the private sector of www.regulations.gov. If your material persons and vessel traffic, except as may $100,000,000 (adjusted for inflation) or cannot be submitted using https:// be permitted by the COTP or a more in any one year. Though this www.regulations.gov, call or email the designated on-scene representative. proposed rule would not result in such person in the FOR FURTHER INFORMATION (3) The ‘‘on-scene representative’’ of an expenditure, we do discuss the CONTACT section of this document for the COTP is any Coast Guard effects of this rule elsewhere in this alternate instructions. commissioned, warrant, or petty officer preamble. We accept anonymous comments. All who has been designated by the COTP comments received will be posted to act on his or her behalf. F. Environment without change to https:// (4) Persons and Vessel operators We have analyzed this proposed rule www.regulations.gov and will include desiring to enter or operate within the under Department of Homeland any personal information you have safety zone must contact the COTP or an Security Directive 023–01, Rev. 1, provided. For more about privacy and on-scene representative to obtain associated implementing instructions, submissions in response to this permission to do so. The COTP or an and Environmental Planning document, see DHS’s Correspondence on-scene representative may be COMDTINST 5090.1 (series), which System of Records notice (84 FR 48645, contacted via VHF Channel 16. Vessel guide the Coast Guard in complying September 26, 2018). operators given permission to enter or with the National Environmental Policy Documents mentioned in this NPRM operate in the safety zone must comply Act of 1969 (42 U.S.C. 4321–4370f), and as being available in the docket, and all with all directions given to them by the have made a preliminary determination public comments, will be in our online COTP or an on-scene representative. that this action is one of a category of docket at https://www.regulations.gov (d) Waiver. The COTP may waive any actions that do not individually or and can be viewed by following that of the requirements of this rule for any

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person, vessel, or class of vessel upon detailed instructions on sending Missouri received three comments finding that application of the safety comments and additional information from EPA during the comment period. zone is unnecessary or impractical for on the rulemaking process, see the Missouri responded to all comments as the purpose of maritime security. ‘‘Written Comments’’ heading of the noted in the state submission included (e) Penalties. Vessels or persons SUPPLEMENTARY INFORMATION section of in the docket for this action and the violating this rule are subject to the this document. TSD. EPA finds that Missouri has penalties set forth in 46 U.S.C. 70036 FOR FURTHER INFORMATION CONTACT: Will adequately addressed the comments. Therefore, EPA is proposing to (previously codified in 33 U.S.C. 1232) Stone, Environmental Protection approve the revisions to this rule and 46 U.S.C. 70052 (previously Agency, Region 7 Office, Air Quality because it will not have a negative codified in 50 U.S.C. 192). Planning Branch, 11201 Renner impact on air quality. Dated: February 10, 2020. Boulevard, Lenexa, Kansas 66219; Christopher M. Chase, telephone number (913) 551–7714; III. Have the requirements for approval Captain, U.S. Coast Guard, Captain of the email address [email protected]. of a SIP revision been met? Port, Guam. SUPPLEMENTARY INFORMATION: The state submission has met the [FR Doc. 2020–02876 Filed 2–12–20; 8:45 am] Throughout this document ‘‘we,’’ ‘‘us,’’ public notice requirements for SIP BILLING CODE 9110–04–P and ‘‘our’’ refer to the EPA. submissions in accordance with 40 CFR 51.102. The submission also satisfied Table of Contents the completeness criteria of 40 CFR part ENVIRONMENTAL PROTECTION I. Written Comments 51, appendix V. The state provided AGENCY II. What is being addressed in this document? public notice on this SIP revision from III. Have the requirements for approval of a June 15, 2018, to September 6, 2018, 40 CFR Part 52 SIP revision been met? and received four comments. The state IV. What action is the EPA taking? revised the rule based on the comments [EPA–R07–OAR–2020–0040; FRL–10005– V. Incorporation by Reference 20–Region 7] VI. Statutory and Executive Order Reviews submitted. In addition, as explained above and in more detail in the Air Plan Approval; Missouri; Control of I. Written Comments technical support document which is Emissions From Batch Process part of this document, the revision Operations Submit your comments, identified by Docket ID No. EPA–R07–OAR–2020– meets the substantive SIP requirements AGENCY: Environmental Protection 0040, at https://www.regulations.gov. of the CAA, including section 110 and Agency (EPA). Once submitted, comments cannot be implementing regulations. ACTION: Proposed rule. edited or removed from Regulations.gov. IV. What action is the EPA taking? The EPA may publish any comment The EPA is proposing to approve SUMMARY: The Environmental Protection received to its public docket. Do not Agency (EPA) is proposing approval of Missouri’s request to revise 10 CSR 10– submit electronically any information 5.540. We are processing this as a a State Implementation Plan (SIP) you consider to be Confidential revision submitted by Missouri on proposed action because we are Business Information (CBI) or other soliciting comments on this proposed February 15, 2019. The submission information whose disclosure is revises a Missouri regulation which action. Final rulemaking will occur after restricted by statute. Multimedia consideration of any comments. limits the volatile organic compound submissions (audio, video, etc.) must be (VOC) emissions from batch process accompanied by a written comment. V. Incorporation by Reference operations by incorporating reasonably The written comment is considered the In this document, the EPA is available control technology (RACT) as official comment and should include proposing to include regulatory text in required by the Clean Air Act discussion of all points you wish to an EPA final rule that includes Amendments of 1990. The revisions to make. The EPA will generally not incorporation by reference. In this rule include adding incorporations consider comments or comment accordance with requirements of 1 CFR by reference to other state rules, contents located outside of the primary 51.5, the EPA is proposing to including definitions specific to the submission (i.e., on the web, cloud, or incorporate by reference the Missouri rule, revising unnecessarily restrictive other file sharing system). For Regulations described in the proposed language, making other administrative additional submission methods, the full amendments to 40 CFR part 52 set forth wording changes, and do not impact the EPA public comment policy, below. The EPA has made, and will stringency of the SIP or air quality. information about CBI or multimedia continue to make, these materials Approval of these revisions will ensure submissions, and general guidance on generally available through consistency between state and federally- making effective comments, please visit www.regulations.gov and at the EPA approved rules. https://www.epa.gov/dockets/ Region 7 Office (please contact the DATES: Comments must be received on commenting-epa-dockets. person identified in the FOR FURTHER or before March 16, 2020. II. What is being addressed in this INFORMATION CONTACT section of this ADDRESSES: You may send comments, document? preamble for more information). identified by Docket ID No. EPA–R07– OAR–2020–0040 to https:// The EPA is proposing to approve VI. Statutory and Executive Order www.regulations.gov. Follow the online revisions to 10 Code of State Regulation Reviews instructions for submitting comments. (CSR) 10–5.540, Control of Emissions Under the CAA, the Administrator is Instructions: All submissions received from Batch Process Operations in the required to approve a SIP submission must include the Docket ID No. for this Missouri SIP. Missouri made several that complies with the provisions of the rulemaking. Comments received will be revisions to the rule. These revisions are Act and applicable Federal regulations. posted without change to https:// described in detail in the technical 42 U.S.C. 7410(k); 40 CFR 52.02(a). www.regulations.gov/, including any support document (TSD) included in Thus, in reviewing SIP submissions, the personal information provided. For the docket for this action. EPA’s role is to approve state choices,

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provided that they meet the criteria of Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52 the CAA. Accordingly, this action 1999); Environmental protection, Air merely approves state law as meeting • Is not an economically significant pollution control, Incorporation by Federal requirements and does not regulatory action based on health or reference, Intergovernmental relations, impose additional requirements beyond safety risks subject to Executive Order Ozone, Reporting and recordkeeping those imposed by state law. For that 13045 (62 FR 19885, April 23, 1997); requirements, Volatile organic reason, this action: • Is not a significant regulatory action • compounds. Is not a significant regulatory action subject to Executive Order 13211 (66 FR subject to review by the Office of 28355, May 22, 2001); Dated: February 6, 2020. Management and Budget under • Is not subject to requirements of the James Gulliford, Executive Orders 12866 (58 FR 51735, National Technology Transfer and Regional Administrator, Region 7. October 4, 1993) and 13563 (76 FR 3821, Advancement Act (NTTA) because this January 21, 2011); For the reasons stated in the • rulemaking does not involve technical preamble, the EPA proposes to amend Is not an Executive Order 13771 (82 standards; and FR 9339, February 2, 2017) regulatory 40 CFR part 52 as set forth below: • Does not provide EPA with the action because SIP approvals are discretionary authority to address, as exempted under Executive Order 12866. PART 52—APPROVAL AND • Does not impose an information appropriate, disproportionate human PROMULGATION OF collection burden under the provisions health or environmental effects, using IMPLEMENTATION PLANS of the Paperwork Reduction Act (44 practicable and legally permissible U.S.C. 3501 et seq.); methods, under Executive Order 12898 ■ 1. The authority citation for part 52 • Is certified as not having a (59 FR 7629, February 16, 1994). continues to read as follows: significant economic impact on a The SIP is not approved to apply on Authority: 42 U.S.C. 7401 et seq. substantial number of small entities any Indian reservation land or in any under the Regulatory Flexibility Act (5 other area where EPA or an Indian tribe Subpart AA—Missouri U.S.C. 601 et seq.); has demonstrated that a tribe has • Does not contain any unfunded jurisdiction. In those areas of Indian ■ 2. In § 52.1320, the table in paragraph mandate or significantly or uniquely country, the rule does not have tribal (c) is amended by revising the entry affect small governments, as described implications and will not impose ‘‘10–5.540’’ to read as follows: in the Unfunded Mandates Reform Act substantial direct costs on tribal § 52.1320 Identification of plan. of 1995 (Pub. L. 104–4); governments or preempt tribal law as • Does not have Federalism specified by Executive Order 13175 (65 * * * * * implications as specified in Executive FR 67249, November 9, 2000). (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

State Missouri cita- Title effective EPA approval date Explanation tion date

Missouri Department of Natural Resources

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area

*******

10–5.540 ...... Control of Emissions 2/28/2019 [Date of publication of the final rule in the from Batch Proc- Federal Register], [Federal Register ess Operations. citation of the final rule].

*******

* * * * * [FR Doc. 2020–02830 Filed 2–12–20; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION II. What is being addressed in this document? III. Have the requirements for approval AGENCY III. Have the requirements for approval of a of a SIP revision been met? SIP revision been met? The State submission has met the 40 CFR Part 52 IV. What action is the EPA taking? V. Incorporation by Reference public notice requirements for SIP [EPA–R07–OAR–2020–0033; FRL–10004– VI. Statutory and Executive Order Reviews submissions in accordance with 40 CFR 98–Region 7] 51.102. The submission also satisfied I. Written Comments the completeness criteria of 40 CFR part Air Plan Approval; Missouri; Control of 51, appendix V. The State provided Emissions From the Manufacturing of Submit your comments, identified by public notice on this SIP revision from Paints, Varnishes, Lacquers, Enamels, Docket ID No. EPA–R07–OAR–2020– June 15, 2018, to September 6, 2018, and Other Allied Surface Coating 0033, at https://www.regulations.gov. and received four comments. The State Products Once submitted, comments cannot be revised the rule based on the comments AGENCY: Environmental Protection edited or removed from Regulations.gov. submitted. In addition, as explained Agency (EPA). The EPA may publish any comment above and in more detail in the ACTION: Proposed rule. received to its public docket. Do not technical support document which is submit electronically any information part of this document, the revision SUMMARY: The Environmental Protection you consider to be Confidential meets the substantive SIP requirements Agency (EPA) is proposing approval of Business Information (CBI) or other of the CAA, including section 110 and a State Implementation Plan (SIP) information whose disclosure is implementing regulations. revision submitted by Missouri on restricted by statute. Multimedia IV. What action is the EPA taking? February 15, 2019. The submission submissions (audio, video, etc.) must be revises a Missouri regulation that accompanied by a written comment. The EPA is proposing to approve controls emissions from facilities that The written comment is considered the Missouri’s request to revise 10 CSR 10– manufacture paints, varnishes, enamels, official comment and should include 2.300. We are processing this as a and other allied surface coating discussion of all points you wish to proposed action because we are products. The revisions to this rule make. The EPA will generally not soliciting comments on this proposed include adding incorporations by consider comments or comment action. Final rulemaking will occur after reference to other State rules, including contents located outside of the primary consideration of any comments. definitions specific to the rule, revising unnecessarily restrictive language, submission (i.e., on the web, cloud, or V. Incorporation by Reference making other administrative wording other file sharing system). For additional submission methods, the full In this document, the EPA is changes, and do not impact the proposing to include regulatory text in stringency of the SIP or air quality. EPA public comment policy, information about CBI or multimedia an EPA final rule that includes Approval of these revisions will ensure incorporation by reference. In submissions, and general guidance on consistency between state and federally- accordance with requirements of 1 CFR making effective comments, please visit approved rules. 51.5, the EPA is proposing to https://www.epa.gov/dockets/ DATES: Comments must be received on incorporate by reference the Missouri commenting-epa-dockets. or before March 16, 2020. Regulations described in the proposed ADDRESSES: You may send comments, II. What is being addressed in this amendments to 40 CFR part 52 set forth identified by Docket ID No. EPA–R07– document? below. The EPA has made, and will OAR–2020–0033 to https:// continue to make, these materials www.regulations.gov. Follow the online The EPA is proposing to approve generally available through instructions for submitting comments. revisions to 10 Code of State Regulation www.regulations.gov and at the EPA Instructions: All submissions received (CSR) 10–2.300, Control of Emissions Region 7 Office (please contact the must include the Docket ID No. for this from the Manufacturing of Paints, person identified in the FOR FURTHER rulemaking. Comments received will be Varnishes, Lacquers, Enamels and Other INFORMATION CONTACT section of this posted without change to https:// Allied Surface Coating Products in the preamble for more information). www.regulations.gov/, including any Missouri SIP. Missouri made several VI. Statutory and Executive Order personal information provided. For revisions to the rule. These revisions are Reviews detailed instructions on sending described in detail in the technical comments and additional information support document (TSD) included in Under the CAA, the Administrator is on the rulemaking process, see the the docket for this action. required to approve a SIP submission ‘‘Written Comments’’ heading of the Missouri received four comments that complies with the provisions of the SUPPLEMENTARY INFORMATION section of from EPA during the comment period. Act and applicable Federal regulations. this document. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Missouri responded to all comments as FOR FURTHER INFORMATION CONTACT: Thus, in reviewing SIP submissions, the Will noted in the State submission included Stone, Environmental Protection EPA’s role is to approve state choices, in the docket for this action. Missouri Agency, Region 7 Office, Air Quality provided that they meet the criteria of responded to EPA’s comments and, as Planning Branch, 11201 Renner the CAA. Accordingly, this action described in the TSD for this action, Boulevard, Lenexa, Kansas 66219; merely approves state law as meeting amended the rule in response to some telephone number (913) 551–7714; Federal requirements and does not of EPA’s comments. EPA finds that email address [email protected]. impose additional requirements beyond Missouri has adequately addressed the SUPPLEMENTARY INFORMATION: those imposed by state law. For that comments. Throughout this document ‘‘we,’’ ‘‘us,’’ reason, this action: and ‘‘our’’ refer to the EPA. Therefore, EPA is proposing to • Is not a significant regulatory action approve the revisions to this rule subject to review by the Office of Table of Contents because it will not have a negative Management and Budget under I. Written Comments impact on air quality. Executive Orders 12866 (58 FR 51735,

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October 4, 1993) and 13563 (76 FR 3821, • Is not a significant regulatory action reference, Intergovernmental relations, January 21, 2011); subject to Executive Order 13211 (66 FR Ozone, Reporting and recordkeeping • 28355, May 22, 2001); requirements, Volatile organic Is not an Executive Order 13771 (82 • FR 9339, February 2, 2017) regulatory Is not subject to requirements of the compounds. National Technology Transfer and action because SIP approvals are Dated: February 6, 2020. Advancement Act (NTTA) because this exempted under Executive Order 12866. James Gulliford, • rulemaking does not involve technical Does not impose an information standards; and Regional Administrator, Region 7. collection burden under the provisions • Does not provide EPA with the For the reasons stated in the of the Paperwork Reduction Act (44 discretionary authority to address, as U.S.C. 3501 et seq.); preamble, the EPA proposes to amend appropriate, disproportionate human 40 CFR part 52 as set forth below: • Is certified as not having a health or environmental effects, using significant economic impact on a practicable and legally permissible PART 52—APPROVAL AND substantial number of small entities methods, under Executive Order 12898 PROMULGATION OF under the Regulatory Flexibility Act (5 (59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS U.S.C. 601 et seq.); The SIP is not approved to apply on • Does not contain any unfunded any Indian reservation land or in any ■ 1. The authority citation for part 52 mandate or significantly or uniquely other area where EPA or an Indian tribe continues to read as follows: affect small governments, as described has demonstrated that a tribe has Authority: 42 U.S.C. 7401 et seq. in the Unfunded Mandates Reform Act jurisdiction. In those areas of Indian of 1995 (Pub. L. 104–4); country, the rule does not have tribal implications and will not impose Subpart AA—Missouri • Does not have Federalism substantial direct costs on tribal ■ implications as specified in Executive governments or preempt tribal law as 2. In § 52.1320, the table in paragraph Order 13132 (64 FR 43255, August 10, specified by Executive Order 13175 (65 (c) is amended by revising the entry 1999); FR 67249, November 9, 2000). ‘‘10–2.300’’ to read as follows: • Is not an economically significant § 52.1320 Identification of plan. regulatory action based on health or List of Subjects in 40 CFR Part 52 safety risks subject to Executive Order Environmental protection, Air * * * * * 13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

State Missouri citation Title effective EPA approval date Explanation date

Missouri Department of Natural Resources

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Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area

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10–2.300 ...... Control of Emissions from Manufacturing of Paints, 2/28/2019 [Date of publication of the Varnishes, Lacquers, Enamels and Other Allied final rule in the Federal Surface Coating Products. Register], [Federal Register citation of the final rule].

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* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection [FR Doc. 2020–02828 Filed 2–12–20; 8:45 am] AGENCY Agency (EPA) is proposing approval of BILLING CODE 6560–50–P a State Implementation Plan (SIP) 40 CFR Part 52 revision submitted by the State of [EPA–R07–OAR–2020–0039; FRL–10005– Missouri on December 3, 2018, and 03–Region 7] supplemented by letter on May 22, 2019. Missouri requests that the EPA Air Plan Approval; Missouri; Removal remove a rule related to control of of Control of Emissions From the emissions from the application of Application of Automotive Underbody automotive underbody deadeners in the Deadeners Kansas City, Missouri area from its SIP. AGENCY: Environmental Protection This removal does not have an adverse Agency (EPA). effect on air quality. The EPA’s ACTION: Proposed rule. proposed approval of this rule revision

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is in accordance with the requirements information about CBI or multimedia ozone standard on July 23, 1992. 57 FR of the Clean Air Act (CAA). submissions, and general guidance on 27939 (June 23, 1992). Pursuant to DATES: Comments must be received on making effective comments, please visit section 175A of the CAA, the first 10- or before March 16, 2020. https://www.epa.gov/dockets/ year maintenance period for the 1-hour ADDRESSES: You may send comments, commenting-epa-dockets. ozone standard began on July 23, 1992, the effective date of the redesignation identified by Docket ID No. EPA–R07– II. What is being addressed in this approval. The maintenance plan for the OAR–2020–0039 to https:// document? www.regulations.gov. Follow the online second maintenance period was The EPA is proposing to approve the instructions for submitting comments. effective February 12, 2004. 69 FR 1921 Instructions: All submissions received removal of 10 Code of State Regulations (January 13, 2004). Missouri achieved must include the Docket ID No. for this (CSR) 10–2.310, Control of Emissions the required maintenance of the 1979 1- rulemaking. Comments received will be from the Application of Automotive hour ozone standard in 2014 after Underbody Deadeners, from the posted without change to https:// completing a twenty-two year Missouri SIP. www.regulations.gov/, including any maintenance period. According to the May 22, 2019 letter personal information provided. For On April 30, 2004, the EPA published from the Missouri Department of a final rule in the Federal Register detailed instructions on sending Natural Resources, available in the comments and additional information stating the 1-hour ozone NAAQS would docket for this proposed action, no longer apply (i.e., would be revoked) on the rulemaking process, see the Missouri rescinded the rule because the ‘‘Written Comments’’ heading of the for an area one year after the effective only source subject to the rule ceased date of the area’s designation for the 8- SUPPLEMENTARY INFORMATION section of operations in 1988, and the rule is no this document. hour ozone NAAQS. 69 FR 23951 (April longer necessary for attainment and 30, 2004). The effective date of the FOR FURTHER INFORMATION CONTACT: maintenance of the 1979, 1997, or 2008 revocation of the 1979 1-hour ozone William Stone, Environmental National Ambient Air Quality Standards standard for the Kansas City Area was Protection Agency, Region 7 Office, Air (NAAQS) for Ozone. June 15, 2005. See 70 FR 44470 (August Quality Planning Branch, 11201 Renner III. Background 3, 2005). Boulevard, Lenexa, Kansas 66219; As noted above, 10 CSR 10–2.310, telephone number (913) 551–7714; The EPA established a 1-hour ozone Control of Emissions from the email address [email protected]. NAAQS in 1971. 36 FR 8186 (April 30, Application of Automotive Underbody SUPPLEMENTARY INFORMATION: 1971). On March 3, 1978, the EPA Deadeners, was approved into the Throughout this document ‘‘we,’’ ‘‘us,’’ designated Clay, Platte and Jackson Missouri SIP as a RACT rule on March and ‘‘our’’ refer to the EPA. counties (hereinafter referred to in this 13, 1989. 54 FR 10322 (March 13, 1989). document as the ‘‘Kanas City Area’’) in Table of Contents At the time that the rule was approved nonattainment of the 1971 1-hour ozone into the SIP, 10 CSR 10–2.310 applied I. Written Comments NAAQS,1 as required by the CAA to all installations in the Clay, Jackson II. What is being addressed in this document? Amendments of 1977. 43 FR 8962 and Platte Counties in Missouri that had III. Background (March 3, 1978). On February 8, 1979, the uncontrolled potential to emit more IV. What is the EPA’s analysis of Missouri’s the EPA revised the 1-hour ozone SIP revision request? than 100 tons per year or 250 kilograms NAAQS, referred to as the 1979 ozone per day of VOCs from the application of V. Have the requirements for approval of a NAAQS. 44 FR 8202 (February 8, 1979). SIP revision been met? automotive underbody deadeners. VI. What action is the EPA taking? On February 20, 1985, the EPA notified By letter dated December 3, 2018, VII. Incorporation by Reference Missouri that the SIP was substantially Missouri requested that the EPA remove VIII. Statutory and Executive Order Reviews inadequate (hereinafter referred to as the 10 CSR 10–2.310 from the SIP. Section ‘‘SIP Call’’) to attain the 1-hour ozone I. Written Comments 110(l) of the CAA prohibits EPA from NAAQS in the Kansas City Area. See 50 approving a SIP revision that interferes Submit your comments, identified by FR 26198 (July 25, 1985). with any applicable requirement Docket ID No. EPA–R07–OAR–2020– To address the SIP Call, Missouri concerning attainment and reasonable 0039 at https://www.regulations.gov. submitted an attainment demonstration further progress (RFP), or any other Once submitted, comments cannot be on May 21, 1986, and volatile organic applicable requirement of the CAA. The edited or removed from Regulations.gov. compound (VOC) control regulations on State supplemented its SIP revision The EPA may publish any comment December 18, 1987. See 54 FR 10322 with a March 22, 2019 letter in order to received to its public docket. Do not (March 13, 1989) and 54 FR 46232 address the requirements of section submit electronically any information (November 2, 1989). The EPA 110(l) of the CAA. you consider to be Confidential subsequently approved the revised Business Information (CBI) or other control strategy for the Kansas City IV. What is the EPA’s analysis of information whose disclosure is Area. See id. The VOC control Missouri’s SIP revision request? restricted by statute. Multimedia regulations approved by EPA into the In its May 22, 2019 letter, Missouri submissions (audio, video, etc.) must be SIP included reasonably available states that it intended its RACT rules, accompanied by a written comment. control technology (RACT) rules as such as 10 CSR 10–2.310, to solely The written comment is considered the required by CAA section 172(b)(2), apply to existing sources in accordance official comment and should include including 10 CSR 10–2.310 Control of with section 172(c)(1) of the CAA.2 discussion of all points you wish to Emissions from the Application of Missouri states that although the make. The EPA will generally not Automotive Underbody Deadeners. applicability section of 10 CSR 10–2.310 consider comments or comment The EPA redesignated the Kansas City contents located outside of the primary Area to attainment of the 1979 1-hour 2 The EPA agrees with Missouri’s interpretation of submission (i.e., on the web, cloud, or CAA section 172(c)(1) in regards to whether RACT 1 Missouri’s May 22, 2019 letter incorrectly states is required for existing sources, but also notes that other file sharing system). For that the Kansas City area was designated as a the State regulation establishing RACT may apply additional submission methods, the full nonattainment area for the 1979 ozone NAAQS in to new sources as well, dependent upon the State EPA public comment policy, 1978. regulation’s language.

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states that the rule applies to all downward trend in monitored ozone maintenance period for the 1979 ozone installations (located within the Clay, design values. Missouri states that NAAQS for the Kansas City Area ended Jackson and Platte Counties), the rule despite promulgation of more stringent in 2014 and the area continues to applied to a single existing source, the ozone NAAQS in 1997, 2008 and 2015, monitor attainment of the 2015 Ozone Leeds General Motors plant, as the Kansas City area continues to NAAQS. Any new sources or major indicated in the general provisions and monitor attainment. The EPA has modifications of existing sources in the emission limit sections of the rule. In confirmed that certified ambient air Kansas City Area are subject to NSR addition, Missouri states that the rule quality data for Kansas City Area as permitting. We are processing this as a does not impose an emission limit for monitored at the Rocky Creek, Clay proposed action because we are any other source besides the Leeds County state and local air monitoring soliciting comments on this proposed General Motors plant. station is compliant with the most action. Final rulemaking will occur after Missouri, in its May 22, 2019 letter, recent ozone standard—the 2015 ozone consideration of any comments. indicates that the Leeds General Motors NAAQS.4 The 2016–2018 design value plant ceased operations in 1988 and the for that monitor is 70 parts per million.5 VII. Incorporation by Reference emitting equipment was subsequently Because Missouri has demonstrated In this document, the EPA is decommissioned. Missouri also states that removal of 10 CSR 10–2.310 will proposing to amend regulatory text that that the General Motors Corporation not interfere with attainment of the includes incorporation by reference. As sold the facility in June 1993. The EPA NAAQS, RFP 6 or any other applicable described in the proposed amendments has confirmed that the facility is requirement of the CAA because the to 40 CFR part 52 set forth below, the decommissioned and is no longer single source subject to the rule has EPA is proposing to remove provisions subject to 10 CSR 10–2.310. permanently ceased operations and of the EPA-Approved Missouri As stated above, Missouri argues that removal of the rule will not cause VOC Regulation from the Missouri State 10 CSR 10–2.310 may be removed from emissions to increase, the EPA proposes Implementation Plan, which is the SIP because section 172(c)(1) of the to approve removal of 10 CSR 10–2.310 incorporated by reference in accordance CAA requires RACT for existing from the SIP. with the requirements of 1 CFR part 51. sources, and because 10 CSR 10–2.310 V. Have the requirements for approval was applicable to a single source that VIII. Statutory and Executive Order of a SIP revision been met? has permanently ceased operations and Reviews therefore the rule no longer reduces The State submission has met the Under the CAA, the Administrator is VOC emissions. Because the Leeds public notice requirements for SIP required to approve a SIP submission General Motor plant was the only source submissions in accordance with 40 CFR that complies with the provisions of the that was subject to the rule, and because 51.102. The submission also satisfied Act and applicable Federal regulations. the facility has been shut-down and the completeness criteria of 40 CFR part 42 U.S.C. 7410(k); 40 CFR 52.02(a). dismantled since 1988, the EPA is 51, appendix V. The State provided Thus, in reviewing SIP submissions, proposing to find that the rule no longer public notice on this SIP revision from EPA’s role is to approve state choices, provides an emission reduction benefit February 28, 2018, to April 5, 2018 and provided that they meet the criteria of to the Kansas City Area and is proposing received five comments from the EPA the CAA. Accordingly, this action to remove it from the SIP. that related to Missouri’s lack of an merely approves state law as meeting Missouri’s May 22, 2019 letter states adequate demonstration that the rule Federal requirements and does not that any new sources or major could be removed from the SIP in impose additional requirements beyond modifications of existing sources are accordance with section 110(l) of the those imposed by state law. For that subject to new source review (NSR) CAA. Missouri’s May 22, 2019 letter reason, this action: permitting. Under NSR, a new major addressed the EPA’s comments. In • Is not a significant regulatory action source or major modification of an addition, the revision meets the subject to review by the Office of existing source with a (potential to emit) substantive SIP requirements of the Management and Budget under PTE of 250 tons per year (tpy) or more CAA, including section 110 and Executive Orders 12866 (58 FR 51735, of any NAAQS pollutant is required to implementing regulations. October 4, 1993) and 13563 (76 FR 3821, obtain a Prevention of Significant VI. What action is the EPA taking? January 21, 2011); Deterioration (PSD) permit when the • Is not an Executive Order 13771 (82 The EPA is proposing to approve area is in attainment or unclassifiable, FR 9339, February 2, 2017) regulatory Missouri’s request to rescind 10 CSR which requires an analysis of Best action because SIP approvals are 2.310 from the SIP because the rule Available Control Technology (BACT) exempted under Executive Order 12866. applied to a single source that has in addition to an air quality analysis and • Does not impose an information an additional impacts analysis. Sources permanently ceased operations and because the rule was not applicable to collection burden under the provisions with a PTE greater than 100 tpy, but less of the Paperwork Reduction Act (44 than 250 tpy, are required to obtain a additional sources, it no longer serves to reduce emmissions. Additionally, the U.S.C. 3501 et seq.); minor permit in accordance with • Is certified as not having a Missouri’s New Source Review 4 In accordance 40 CFR part 50.19(b), the 2015 8- significant economic impact on a permitting program, which is approved substantial number of small entities 3 hour primary O3 NAAQS is met at an ambient air into the SIP. The EPA agrees with this quality monitoring site when 3-year average of the under the Regulatory Flexibility Act (5 analysis. annual fourth-highest daily maximum 8-hour U.S.C. 601 et seq.); Missouri’s May 22, 2019 letter also average O3 concentration is less than or equal to • Does not contain any unfunded includes information concerning ozone 0.070 ppm, as determined in accordance with appendix U to 40 CFR part 50. mandate or significantly or uniquely air quality in the Kansas City area from 5 The monitoring data was reported, quality affect small governments, as described 1996 through 2018 that indicates a assured, and certified in accordance with the in the Unfunded Mandates Reform Act requirements set forth in 40 CFR part 58. of 1995 (Pub. L. 104–4); 3 EPA’s latest approval of Missouri’s NSR 6 RFP is not applicable to the Kansas City Area • permitting program rule was published in the because the area is in attainment of all applicable Does not have Federalism Federal Register on October 11, 2016. 81 FR 70025. ozone standards. implications as specified in Executive

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Order 13132 (64 FR 43255, August 10, ENVIRONMENTAL PROTECTION accompanied by a written comment. 1999); AGENCY The written comment is considered the • Is not an economically significant official comment and should include 40 CFR Part 52 regulatory action based on health or discussion of all points you wish to safety risks subject to Executive Order [EPA–R02–OAR–2018–0684; FRL–10005– make. The EPA will generally not 13045 (62 FR 19885, April 23, 1997); 32–Region 2] consider comments or comment • contents located outside of the primary Is not a significant regulatory action Approval and Promulgation of submission (i.e., on the web, cloud, or subject to Executive Order 13211 (66 FR Implementation Plans; New York; other file sharing system). For 28355, May 22, 2001); Reasonably Available Control additional submission methods, the full • Is not subject to requirements of the Technology for the 2008 8-Hour Ozone EPA public comment policy, National Technology Transfer and National Ambient Air Quality information about CBI or multimedia Advancement Act (NTTA) because this Standards in the New York submissions, and general guidance on rulemaking does not involve technical Metropolitan Area Moderate making effective comments, please visit standards; and Nonattainment Area http://www2.epa.gov/dockets/ • commenting-epa-dockets. Does not provide EPA with the AGENCY: Environmental Protection discretionary authority to address, as Agency (EPA). FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental appropriate, disproportionate human ACTION: Proposed rule. health or environmental effects, using Protection Agency, 290 Broadway, New practicable and legally permissible SUMMARY: The Environmental Protection York, New York 10007–1866, at (212) methods, under Executive Order 12898 Agency (EPA) is proposing to approve a 637–3347, or by email at (59 FR 7629, February 16, 1994). State Implementation Plan (SIP) [email protected]. The SIP is not approved to apply on submitted by the State of New York for SUPPLEMENTARY INFORMATION: The any Indian reservation land or in any purposes of implementing Reasonably Supplementary Information section is other area where EPA or an Indian tribe Available Control Technology (RACT) arranged as follows: in the New York portion of the New has demonstrated that a tribe has Table of Contents jurisdiction. In those areas of Indian York-Northern New Jersey-Long Island country, the rule does not have tribal NY-NJ-CT nonattainment area (New I. What action is the EPA proposing? implications and will not impose York Metropolitan Area or NYMA) for II. What is the background for this proposed rulemaking? substantial direct costs on tribal the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) III. What did New York submit? governments or preempt tribal law as IV. What is the EPA’s evaluation of New specified by Executive Order 13175 (65 as it relates to major sources emitting oxides of nitrogen (NO ), control York’s SIP submittal? FR 67249, November 9, 2000). X V. Statutory and Executive Order Reviews technique guidelines (CTG) for sources List of Subjects in 40 CFR Part 52 of volatile organic compounds (VOCs), I. What action is the EPA proposing? and non-CTG major sources of VOCs. In The EPA is proposing to approve a Environmental protection, Air addition, the EPA is proposing to pollution control, Incorporation by (SIP) submitted by the State of New approve portions of the SIP revision York on November 13, 2017 for reference, Reporting and recordkeeping submitted by New York to address the requirements, Volatile organic purposes of implementing Reasonably 2008 ozone NAAQS that certify that the 1 compounds. Available Control Technology (RACT) State has satisfied the requirements for for the 2008 8-hour ozone National Dated: February 6, 2020. an enhanced vehicle Inspection and Ambient Air Quality Standard (NAAQS James Gulliford, Maintenance Program, an emissions or standard) for the New York portion Regional Administrator, Region 7. statement program, and a nonattainment of the NYMA classified as moderate new source review program. The EPA is nonattainment. The State’s November For the reasons stated in the also proposing to approve New York’s 2017 SIP submittal consists of a preamble, the EPA proposes to amend RACT plan as it applies to the CTG for demonstration that New York meets the 40 CFR part 52 as set forth below: industrial cleaning solvents and to RACT requirements for the two solvent metal cleaning processes. This precursors for ground-level ozone, i.e., PART 52—APPROVAL AND action is being taken in accordance with NOX and volatile organic compounds PROMULGATION OF the requirements of the Clean Air Act. IMPLEMENTATION PLANS (VOCs), set forth by the Clean Air Act DATES: Written comments must be (CAA or Act) with respect to the 2008 received on or before March 16, 2020. ■ 1. The authority citation for part 52 8-hour ozone standard. The EPA is ADDRESSES: Submit your comments, continues to read as follows: proposing to approve New York’s identified by Docket ID Number EPA– November 2017 RACT SIP submittal as Authority: 42 U.S.C. 7401, et seq. R02–OAR–2018–0684 at http:// it applies to non-control technique www.regulations.gov. Follow the online guideline (non-CTG) major sources of Subpart AA—Missouri instructions for submitting comments. VOCs, CTG sources of VOCs and to § 52.1320 [Amended] Once submitted, comments cannot be major sources of NOX. edited or removed from Regulations.gov. The EPA is also proposing to approve ■ 2. In § 52.1320, the table in paragraph The EPA may publish any comment the following New York certifications (c) is amended by removing the entry received to its public docket. Do not that were submitted as part of SIP ‘‘10–2.310’’ under the heading ‘‘Chapter submit electronically any information 2-Air Quality Standards and Air you consider to be Confidential 1 The EPA has defined RACT as the lowest Pollution Control Regulations for the Business Information (CBI) or other emission limitation that a particular source is Kansas City Metropolitan Area’’. capable of meeting by the application of control information whose disclosure is technology that is reasonably available considering [FR Doc. 2020–02829 Filed 2–12–20; 8:45 am] restricted by statute. Multimedia technological and economic feasibility (44 FR BILLING CODE 6560–50–P submissions (audio, video, etc.) must be 53762, September 17, 1979).

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revisions to address the moderate area requirements for VOC sources for attainment plans for moderate 2008 8-hour NAAQS. The certifications, industrial cleaning solvents. nonattainment areas were due by that are applicable state-wide and The EPA is also proposing to approve January 1, 2017. 81 FR 26697. therefore to the New York portion of New York’s RACT plan as it applies to Jamestown remains classified as a NYMA, are: (1) That nonattainment new solvent cleaning processes. The EPA marginal nonattainment area until the 2 5 source review (NNSR) applies to NOX approved New York’s RACT plan for State submits a redesignation request and VOC emissions from stationary solvent metal cleaning processes under to the EPA. Since the NYMA was sources; (2) that the State has satisfied the 1-hour ozone standard and is now reclassified to a moderate the requirements for an enhanced proposing to approve New York’s nonattainment area, New York, on vehicle Inspection and Maintenance revised and more stringent requirements November 13, 2017, submitted a new Program; and (3) that the State has as the RACT plan for solvent metal RACT determination as well as satisfied the requirements for an cleaning processes for the 2008 8-hour revisions related to the 2008 8-hour emissions statement program. ozone standard. ozone moderate standard. This New York certified that there are no proposed action addresses New York’s II. What is the background for this RACT determination and State sources located in the State for the proposed rulemaking? following six CTGs: Manufacture of certifications portions of New York’s Vegetable Oils; Manufacture of High- In 2008, EPA revised the health-based November 13, 2017, submittal for the Density Polyethylene, Polypropylene NAAQS for ozone, setting it at 0.075 New York portion of NYMA. The and Polystyrene Resins; Natural Gas/ parts per million (ppm) averaged over remaining portions of New York’s Gasoline Processing Plants; Air an 8-hour time frame. The EPA attainment demonstration for the 2008 Oxidation Processes in Synthetic determined that the revised 8-hour 8-hour ozone standard, moderate Organic Chemical Manufacturing standard would be more protective of designation, for the New York portion of Industry; Fiberglass Boat Manufacturing human health, especially with regard to NYMA will be addressed in a separate Materials; Agricultural Pesticides. The children and adults who are active rulemaking action. EPA is not proposing any action on this outdoors and individuals with a pre- The counties in the New York portion certification since we previously existing respiratory disease such as of NYMA (and part of Orange County) approved the State’s negative asthma. were previously classified under the declaration for these six CTGs. 82 FR On April 30, 2012, the EPA finalized 1979 1-hour ozone NAAQS as severe, 58342 (December 12, 2017); 40 CFR its attainment/nonattainment requiring RACT, while the remaining counties in the State were subject to 52.1683 (a) and (b). designations for areas across the country with respect to the 2008 8-hour ozone RACT as part of the moderate The EPA is proposing to approve New standard. 77 FR 30087 (May 21, 2012). classification or as part of the Ozone York’s RACT plan as it applies to the This action became effective on July 20, Transport Region (OTR).6 Under the CTG for industrial cleaning solvents. On 2012. The two 8-hour ozone marginal 2008 8-hour ozone standard, in areas December 12, 2017 (82 FR 58342), the nonattainment areas located in New classified as moderate or located in the EPA published a conditional approval York State are the New York portion of OTR (which includes all of New York of New York’s state-wide RACT NYMA and the Jamestown State), a RACT determination is submittal, dated December 22, 2014, as nonattainment area. The remainder of required for major stationary sources supplemented on September 6, 2017, for New York State was designated as that emit or have the potential to emit purposes of satisfying the 2008 8-hour unclassifiable/attainment. The New 50 tons per year for VOC and 100 tons ozone standard RACT requirement as it York portion of the NYMA, is composed per year for NOX. As required by the applies to CTG requirements for VOC of the five boroughs of New York City anti-backsliding provisions of the CAA, sources for industrial cleaning solvents. and the surrounding counties of Nassau, for purposes of the RACT analysis for In its letter dated September 6, 2017, Suffolk, Westchester, Rockland and the the 2008 ozone standard, New York New York committed to adopt, by Shinnecock Indian Nation.3 40 CFR retained the 1-hour ozone plan emission November 30, 2018, a revised Part 226 81.333. The Jamestown nonattainment threshold of 25 tons per year or more for of Title 6 of the New York Codes, Rules area is composed of Chautauqua either NOX or VOC for major sources in and Regulations (6 NYCRR), entitled, County. In 2016, the EPA determined ‘‘Solvent Metal Cleaning Processes,’’ that Jamestown attained the 2008 ozone and the deadline for RACT measures not tied to that will address the CTG for industrial attainment is July 20, 2021. 84 FR 44238. standard by the July 20, 2015 attainment cleaning solvents. In the conditional 5 EPA’s determination of attainment does not date and that the NYMA nonattainment approval, EPA stated that if New York constitute a redesignation to attainment. area did not attain the 2008 ozone Redesignation requires states to meet a number of failed to meet its commitment within standard by the applicable attainment additional statutory criteria, including the EPA the one-year time period specified by approval of a state plan demonstrating maintenance date and was reclassified from a CAA section 110(k)(4), the conditional of the air quality standard for 10 years after marginal to a moderate nonattainment redesignation. (81 FR 26697 at 26701; May 4, 2016). approval will, by operation of law, area. 81 FR 26697 (May 4, 2016).4 State On October 2, 2018 (83 FR 49492), the EPA made become a disapproval. New York’s a final determination that the Jamestown Area has attained the 2008 8-hour ozone NAAQS based upon response to the conditional approval 2 Approval and Promulgation of Implementation was submitted to the EPA on November complete, quality-assured, and certified ambient air Plans; New York State Implementation Plan monitoring data that shows the Area has monitored 5, 2019, approximately 11 months late, Revision; 1-Hour Ozone Control Programs. (69 FR attainment of the 2008 8-hour ozone NAAQS for so the conditional approval converted to 3237, January 23, 2004). both the 2012–2014 and 2015–2017 monitoring a disapproval. The EPA is now 3 Information pertaining to areas of Indian periods. This final action does not constitute a country is intended for CAA planning purposes redesignation to attainment. The Jamestown area proposing to approve New York’s state- only and is not an EPA determination of Indian will remain nonattainment for the 2008 8-hour wide RACT submittal dated December country status or any Indian country boundary. The ozone standard until such time as EPA determines 22, 2014, as supplemented on EPA lacks the authority to establish Indian country that the Jamestown area meets the CAA September 6, 2017 and November 5, land status and makes no determination of Indian requirements for designation to attainment, country boundaries at 77 FR 30087 (May 21, 2012). 2019, for purposes of satisfying the 2008 including an approved maintenance plan. 4 In 2019 the NY-NJ-CT nonattainment area was 6 CAA section 184(a) established a single ozone 8-hour ozone standard RACT reclassified to serious nonattainment. 84 FR 44238 transport region (OTR) comprising all or part of 12 requirement, as it applies to CTG (August 23, 2019). The serious area attainment date eastern states and the District of Columbia.

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the New York portion of NYMA and to its SIP.7 The SIP revision consists of • Identify all source categories portions of Orange County that were information documenting how New covered by CTG and ACT documents. classified as severe under the 1979 1- York complied with the RACT • Identify applicable regulations that hour standard. requirements and the elements of an implement RACT. • Certify that the existing level of Sections 172(c)(1) and 182(b)(2) of the attainment demonstration for the 2008 controls for the 1997 8-hour ozone CAA require states to implement RACT 8-hour ozone NAAQS for the New York standard equals RACT under the 2008 8- in areas classified as moderate (and portion of NYMA classified as moderate 8 hour ozone standard in certain cases. higher) nonattainment for ozone, while nonattainment. In its November 2017 RACT submittal, New York certifies that • Declare which sources covered by a section 184(b)(1)(B) of the CAA requires CTG and ACT do not exist within the VOC RACT in states located in the OTR the State’s submittal addresses the RACT requirements for the 2008 8-hour state and/or that RACT is not applicable and section 182(f) requires NOX RACT ozone standard, with the exception of in certain cases. be adopted in the OTR. These areas are • Identify and evaluate applicability required to implement RACT for all the CTG for industrial cleaning solvents and for the 2016 oil and natural gas of RACT to individual sources whose major VOC and NOX emission sources industry CTG. In New York’s December source category does not have a and for all sources covered by a CTG. A presumptive emission limit covered by CTG is a document issued by the EPA 2014 state-wide RACT submittal, as supplemented on September 6, 2017, a state-wide regulation. which establishes a ‘‘presumptive • the State committed to revise 6 NYCRR Identify potential RACT revisions. norm’’ for RACT for a specific VOC • Identify statewide applicability of source category. A related set of Part 226, ‘‘Solvent Metal Cleaning Processes,’’ and to fulfill that nonattainment new source review documents, Alternative Control (NNSR). Techniques (ACT) documents, exists commitment by no later than November 30, 2018. New York supplemented the New York states that its November primarily for NOX control requirements. 2017 RACT SIP submittal for the New States must submit rules, or negative RACT submittal on November 5, 2019, with a revised version of 6 NYCRR Part York portion of NYMA moderate declarations when the State has no such nonattainment area supports the sources, for CTG source categories, but 226, to address the CTG for industrial cleaning solvents. In addition, in New primary findings of the December 2014 not for sources in ACT categories. state-wide RACT SIP: Namely, that New However, RACT must be imposed on York’s November 2017 RACT SIP submittal, the State commits to adopting York State (and therefore the New York major sources of NOX, and some of a new regulation to address EPA’s CTG portion of the NYMA) has fulfilled the those major sources may be within a CAA obligations for RACT in a sector covered by an ACT document. for the oil and natural gas industry (EPA–453/B–16–001, October 20, 2016). moderate nonattainment area, with the On March 6, 2015 (80 FR 12264), the exception of the industrial cleaning New York’s November 2017 RACT EPA published a final rule that outlines solvents CTG, issued by the EPA in submittal states that it evaluated its the obligations that areas found to be in September 2006, for which New York existing RACT regulations, used in its nonattainment of the 2008 ozone has since finalized a rulemaking to December 2014 state-wide RACT NAAQS need to address. This rule, include those requirements in Part 226.9 determination to meet the 1997 8-hour herein referred to as the ‘‘2008 ozone In addition, in the November 2017 ozone standard, to ascertain whether the implementation rule,’’ contains, among submittal, New York notes that it same regulations constitute RACT for other things, a description of the EPA’s intends to adopt and implement the the 2008 8-hour ozone standard. In expectations for states with RACT 2016 oil and natural gas industry CTG making its new 8-hour ozone RACT obligations. The 2008 ozone and that sources subject to the CTG will determination, New York relied on implementation rule provides that states be regulated through a new rule that is EPA’s RACT Question and Answer could meet RACT through the not yet adopted. New York certified that document (May 18, 2006) and the most establishment of new or more stringent the RACT requirements for the 2008 8- recent emission control technology and requirements that meet RACT control hour ozone NAAQS for the New York cost evaluations to determine what levels, through a certification that portion of NYMA moderate constitutes technically and previously adopted RACT controls in nonattainment area have been satisfied economically feasible controls for the SIP, that were approved by the EPA and are consistent with the most recent specific sources. Accordingly, the basic under a prior ozone NAAQS, represent control technology and economic framework for New York’s November adequate RACT control levels for considerations. The following discusses 2017 RACT SIP determination for the attainment of the 2008 ozone NAAQS, the results of New York’s analysis of New York portion of NYMA moderate or a combination of these two RACT under the basic framework nonattainment area is described as approaches. In addition, a state must identified above. follows: submit a negative declaration in CTGs and ACTs instances where there are no CTG 7 sources. The 2008 ozone The submittal is entitled ‘‘New York State New York reviewed its existing RACT Implementation Plan for the 2008 Ozone National regulations adopted under the 1979 1- implementation rule requires that states Ambient Air Quality Standard, Reasonably with nonattainment areas were required Available Control Technology Demonstration for hour and 1997 8-hour ozone standard to to submit RACT SIPs to EPA within two the New York Metropolitan Area Moderated identify source categories covered by years from the effective date of Nonattainment Area, final proposed revision, the EPA’s CTG and ACT documents. November 2017.’’ New York’s RACT SIP submittal lists nonattainment designation or by July 8 New York, in its November 2017 submittal, 20, 2014. requests that EPA reclassify the NYMA to serious the CTG and ACT documents and nonattainment to allow New York, New Jersey and corresponding State RACT regulations III. What did New York submit? Connecticut adequate time to develop complete that cover the CTG and ACT sources SIPs that forecast attainment in the NYMA by the included in New York’s emissions On November 13, 2017, the New York serious area deadline of July 20, 2021. Effective inventory. For non-CTG major sources, Department of Environmental September 23, 2019, EPA reclassified the NYMA to serious nonattainment, giving each state until July Conservation (NYSDEC or New York) 20, 2021 to achieve the 2008 ozone standard. 84 FR 9 New York adopted Part 226 with an effective submitted to the EPA a formal revision 44238 (Aug. 23, 2019). date of November 1, 2019.

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6 NYCRR Part 212, ‘‘General Process Nitrogen (NOX).’’ In its November 2017 of October 2016. The following table Emission Sources,’’ regulates RACT SIP submittal, New York certified that lists the RACT controls that have been compliance for VOC and NOX. Major major non-CTG sources are covered by promulgated in 6 NYCRR and the sources of NOX are regulated by 6 the Part 212 RACT regulation. corresponding EPA SIP approval dates. NYCRR Part 227–2, ‘‘Reasonably Except as noted, New York has Available Control Technology (RACT) implemented RACT controls state-wide for Major Facilities of Oxides of for all CTGs that the EPA had issued as

NY regulation Title EPA approval date

Part 205 ...... Architectural and Industrial Maintenance Coatings ...... 12/13/04, 69 FR 72118. Part 211 ...... General Prohibitions ...... 7/12/13, 78 FR 41846. Part 212 ...... General Process Emission Sources ...... 7/12/13, 78 FR 41486. Part 214 ...... Byproduct Coke Oven Batteries ...... 7/20/06, 71 FR 41163. Part 216 ...... Iron and/or Steel Processes ...... 7/20/06, 71 FR 41163. Part 220 ...... Portland Cement and Glass Plants ...... 7/12/13, 78 FR 41486. Part 223 ...... Petroleum Refineries ...... 7/19/85, 50 FR 29382. Part 224 ...... Sulfuric and Nitric Acid Plants ...... 7/19/85, 50 FR 29382. Part 226 ...... Solvent Metal Cleaning Processes ...... 1/23/04, 69 FR 3237. Part 227–2 ...... RACT for Oxides of Nitrogen (NOX) ...... 7/12/13, 78 FR 41486. Part 228 ...... Surface Coating Processes ...... 3/04/14, 79 FR 12084. Part 229 ...... Petroleum and Volatile Organic Liquid Storage and Transfer ...... 12/23/97, 62 FR 67006. Part 230 ...... Gasoline Dispensing Sites and Transport Vehicles ...... 4/30/98, 63 FR 23668. Part 232 ...... Dry Cleaning ...... 6/17/85, 50 FR 25079. Part 233 ...... Pharmaceutical and Cosmetic Processes ...... 12/23/97, 62 FR 67006. Part 234 ...... Graphic Arts ...... 3/08/12, 77 FR 13974. Part 236 ...... Synthetic Organic Chemical Manufacturing Facility Component Leaks ...... 7/27/93, 58 FR 40059.

New York’s November 2017 RACT of NYMA moderate nonattainment area revisions, and the inclusion of non- submittal also contains a table (see for the 2008 8-hour ozone standard. metal objects, make the proposed regulation more stringent than the Appendix A: Control Technique Solvent Cleaning Processes Guidelines and Alternative Control previously approved regulation. Techniques Documents) listing all the On November 5, 2019, the State CTG for Industrial Cleaning Solvents CTG and ACT categories and the submitted a revised 6 NYCRR Part 226, corresponding State regulations or ‘‘Solvent Cleaning Processes and In New York’s December 2014 state- negative declarations that address the Industrial Cleaning Solvents.’’ The prior wide RACT submittal, as supplemented requirements. The EPA previously 6 NYCRR 226 has been re-numbered as on September 6, 2017, the State approved and incorporated into the SIP 6 NYCRR Subpart 226–1 and renamed committed to revise 6 NYCRR Part 226, the State’s regulations identified in ‘‘Solvent Cleaning Processes’’ from ‘‘Solvent Metal Cleaning Processes,’’ Appendix A that address ACTs and ‘‘Solvent Metal Cleaning Processes’’ to and to fulfill that requirement by no CTGs. accommodate the addition of a new later than November 30, 2018. On rule, 6 NYCRR 226–2, ‘‘Industrial November 5, 2019, New York submitted For some source categories, the SIP- Cleaning Solvents.’’ Attendant changes the revised 6 NYCRR Part 226 for approved New York rules have more have been made to 6 NYCRR 201, inclusion into the SIP to address stringent emission limits and/or lower ‘‘Permit and Certificates,’’ and those requirements regarding the CTG for thresholds of applicability than the will be reviewed for potential rule industrial cleaning solvents that were recommendations contained in the CTG making action in the future. identified in the EPA’s conditional and ACT documents. In its submittal, approval. 82 FR 58342 (December 12, New York identified categories where Solvent Cleaning Processes 6 NYCRR 2017). 226–1 controls may be more stringent than the The EPA issued a CTG for industrial recommended levels contained in the Subpart 226–1 applies to all owners cleaning solvents in 2006. This category CTG and ACT documents. For example, or operators of facilities who operate includes the industrial cleaning solvents Part 228, ‘‘Surface Coating Processes, cold cleaners (including remote used by many industries to remove Commercial and Industrial Adhesives, reservoir cold cleaning machines), open- contaminants such as adhesives, inks, Sealants and Primers,’’ Part 234, top vapor degreasers, and all types of paint, dirt, soil, oil and grease. The ‘‘Graphic Arts,’’ Part 241, ‘‘Asphalt conveyorized degreasers that carry out recommended measures for controlling Pavement and Asphalt Based Surface solvent cleaning processes of metal VOC emissions from the use, storage Coatings,’’ and Part 227–2, ‘‘Reasonably objects using a solution containing and disposal of industrial cleaning Available Control Technology (RACT) VOCs. After December 1, 2020, Subpart solvents include work practice for Major Facilities of Oxides of 226–1 expands applicability to include standards, limitations on VOC content Nitrogen (NOX)’’ have each been such cleaning of non-metal objects. of the cleaning materials, and an adopted by the State with more Subpart 226–1 also changes the current optional alternative limit on composite stringent limits or applicability than cold cleaning requirement of using a vapor pressure of the cleaning materials. what was recommended by the solvent with a maximum vapor pressure They also include the use of add-on corresponding CTG or ACT. New York of 1.0 mm Hg, or less, at 20 degrees controls with an overall emission certifies that its SIP-approved Celsius, to using a cleaner with no more reduction of at least 85 percent by mass. regulations meet the RACT than twenty-five (25) grams of VOC per Based on the EPA’s CTG, New York requirements for the New York portion liter (25g/l) of cleaning solution. These revised 6 NYCRR Part 226, ‘‘Solvent

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Metal Cleaning Processes,’’ and added a Source-Specific RACT Determinations reduce emission in the New York new Subpart, Subpart 226–2 ‘‘Industrial portion of NYMA.’’ Cleaning Solvents’’ which specifies The 8-hour ozone RACT analysis As part of the State’s November 13, VOC content and vapor pressure limits must address source-specific RACT as it 2017 SIP submittal, New York has for solvents used in solvent cleaning of applies to a single regulated entity. A included an attainment demonstration foreign materials from surfaces of unit source-specific RACT determination for the New York portion of NYMA operations such as large and small applies to sources that have obtained a moderate nonattainment area for the facility-specific emission limit or an manufactured components, parts, 2008 ozone NAAQS. In the State’s alternative emission limit, i.e., a equipment, floors, tanks, and vessels. November 2017 SIP submittal letter, variance. A case-by-case RACT analysis The facility applicability threshold is in New York stated that the NYMA is is required for sources that are not line with the CTG, actual emissions of unable to reach attainment of the 2008 defined by a specific source category (3) tons per year or more of VOC’s from ozone NAAQS by the statutory deadline covered by an existing state regulation, industrial cleaning solvents on a 12- of July 20, 2018. The State requested that are requesting a variance, or that are that the EPA issue an expeditious month rolling total basis. Compliance is not addressed by a CTG. New York’s reclassification to serious nonattainment achieved by implementing the listed RACT guidance entitled, ‘‘DAR–20 so that New York, New Jersey, and work practices and meeting a maximum Economic and Technical Analysis for Connecticut have adequate time to VOC content, or a maximum VOC Reasonably Available Control develop complete SIPs that forecast composite vapor pressure. Technology (RACT)’’ outlines the attainment in the NYMA by the serious Recordkeeping must be maintained process and conditions for granting area deadline of July 20, 2021. On which demonstrates compliance. The source-specific RACT determinations. August 23, 2019 (84 FR 44238), the EPA EPA proposes to find that New York’s Under the CAA, these individual announced, among other things, the adopted industrial cleaning solvents source-specific RACT determinations reclassification of the NYMA from a rule is as effective in regulating the need to be submitted by the State as a moderate nonattainment area a serious source category as the EPA’s CTG SIP revision for the EPA’s approval. nonattainment area.10 The NYMA document. Therefore, the EPA is Therefore, New York included in serious nonattainment area must attain proposing to approve the revisions to 6 Appendix B of its November 2017 RACT the standards by July 20, 2021. NYCRR Part 226, ‘‘Solvent Cleaning SIP submittal a listing of VOC and NOX As stated in our final action on New Processes and Industrial Cleaning source facilities that are subject to a York’s December 2014 state-wide RACT Solvents’’ which includes Subpart 226– RACT source-specific SIP revision SIP, published December 12, 2017 (82 2 ‘‘Industrial Cleaning Solvents.’’ under the 8-hour ozone SIP and FR 58342), New York could quantify potential reductions for the following Source Categories Not Applicable in corresponding emission limits, NO control options. It should be noted New York State technology and the applicable X regulation governing the RACT that New York has initiated the In New York’s November 2017 RACT determinations. In September 2008, regulatory process toward adoption of SIP for the New York portion of NYMA, August 2010, December 2013, and regulations for some of the source the State certified that there are no August 2015, New York submitted to categories addressed in the December sources in New York State (and the EPA SIP revisions that included 2017 final rule including lowering NOX therefore the New York portion of the most of the source-specific RACT or VOC emissions standards for NYMA) for six CTGs. This certification revisions identified in Appendix B of Municipal Waste Combustors, Simple results from a review of the State’s the RACT SIP submittals. The EPA is Cycle Combustion Turbines operating as emission inventory and emission performing its technical review of those ‘‘peakers,’’ and Distributed Generators. statements. The CTGs for which the submittals and will take separate The State’s September 2018 SIP 11 negative declaration applies are as rulemaking actions for each of the submittal addressing interstate follows: Manufacture of Vegetable Oils; source-specific determinations. transport confirms that New York has Manufacture of High-Density In addition, in accordance with New progressed, in various stages of the rulemaking process, toward regulating Polyethylene, Polypropylene and York’s NOX RACT regulation, Part 227– Polystyrene Resins; Natural Gas/ 2, owners of combined cycle these sources, as well as other source Gasoline Processing Plants; Air combustion turbines are required to categories emitting either NOX or VOCs. Oxidation Processes in Synthetic perform case-by-case RACT EPA encourages New York to finalize Organic Chemical Manufacturing determinations that may result in more these additional regulations and to Industry; Fiberglass Boat Manufacturing stringent emission limits. This RACT explain why they are or are not Materials; Agricultural Pesticides. In requirement was approved into the SIP. considered RACT based on economic New York’s December 2014 statewide 78 FR 41846 (July 12, 2013). and technological feasibility. In addition, considering that in RACT SIP, the State also certified that Additional Control Measures Needed for November 2017 New York requested there were no sources in the State for Attainment that EPA reclassify the NYMA from these same six CTGs. New York moderate to serious nonattainment for previously certified to the satisfaction of In New York’s December 22, 2014 the 2008 ozone standard, EPA strongly the EPA (40 CFR 52.1683(a) and (b)) that state-wide RACT SIP submittal, encourages New York to adopt new there are no sources for these six CTGs included in the docket for this action, regulations for controlling NOX in New York State (and therefore the the State’s response to comments stated New York portion of the NYMA). The that ‘‘once the NYMA is reclassified as 10 On August 23, 2019, the EPA published a EPA is not proposing any action on this ‘moderate’ nonattainment for the 2008 document in the Federal Register (84 FR 44238) certification since we previously ozone NAAQS and an attainment SIP is finalizing the reclassification of the New York- approved the State’s negative required, DEC [New York] will North New Jersey-Long Island, New York-New Jersey-Connecticut nonattainment area from declaration for these six CTGs. See undertake a review of its many NOX moderate to serious. December 12, 2017 (82 FR 58342) and control options to determine which 11 See page 3 at https://www.dec.ny.gov/docs/air_ 40 CFR 52.1683(a) and (b). would most efficiently and effectively pdf/sipprop2008o3trans.pdf.

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emissions at least as stringent as those in the New York portion of NYMA NYCRR Part 222 for Distributed adopted in the states of Connecticut and would provide additional NOX Generation (DG) New Jersey for municipal waste reductions to help attain the 2008 ozone New York has undertaken the combustors, simple cycle combustion NAAQS. regulatory process to adopt 6 NYCRR turbines (‘‘peakers’’) operating during Simple Cycle Combustion Turbines Part 222 for DG to address NOX high electric demand days (HEDD), and emissions from electric generating units (Firing Distillate Oil or More Than One distributed generators. Adoption of such during high electric demand days. New Fuel)—Also Called ‘‘Peakers’’ regulations would provide additional York’s neighboring states of Connecticut NOX reductions that will help attain the New York’s NOX RACT regulation at and New Jersey have adopted 2008 ozone standard in the NYMA. 20 regulations for controlling NOX Further details are discussed in the Part 227–2 established NOX emission 16 emissions from DG sources, and New following sections. limits of 100 ppmvd for simple cycle combustion turbines firing distillate oil Jersey’s DG provisions are approved into the SIP. EPA encourages New York to Municipal Waste Combustors or more than one fuel. New York’s submit Part 222 as a SIP revision 21 for During the public comment period on neighboring state of Connecticut 17 has EPA approval as soon as possible after New York’s 2008 ozone RACT proposal adopted more stringent NOX emission completion of the regulatory process. a comment was submitted to the State limits of 50–75 ppm with a compliance proposing that Municipal Waste date of June 2018 and 40–50 ppm with Other New York Certifications Combustors (MWCs) in the New York a compliance date of June 2023 for this As part of New York’s 2008 ozone portion of NYMA should be controlled source category. New Jersey has also attainment demonstration for the New to at least the RACT level. In its adopted more stringent NOX emission York portion of NYMA moderate response to the comment, New York limits of 42 ppm.18 On December 31, nonattainment area the State has estimated that potential NOX reductions 2019, New York announced an certified that the following previously- of 1.50 and 1.75 tons per day could be approved rule, 6 NYCRR Subpart 227– approved SIP elements remain obtained from MWCs located in the 3, ‘‘Ozone Season Oxides of Nitrogen adequate, and no revisions to the state New York portion of NYMA. In New plan are necessary. York’s response, the State also indicated (NOX) Emission Limits for Simple Cycle that once the NYMA is classified as and Regenerative Combustion State-Wide Nonattainment New Source 19 moderate the State would undertake a Turbines.’’ Many of the units Review (NNSR) addressed by New York’s approved rule review of its many control options to New York affirms in its November determine which would most effectively are peaking units located in the New 2017 RACT submittal that, since the and efficiently reduce emissions in the York portion of NYMA; these units State is located entirely in the OTR, New York portion of NYMA. generally have either no or low-level regardless of the area’s designation As stated previously, the NYMA was NOX emission controls and typically status, NNSR applies state-wide for reclassified as a moderate operate during periods of elevated emissions of ozone precursor pollutants, nonattainment area effective June 2016. temperature when electric demand VOC and NOX, for new major facilities New York’s neighboring states of New increases, and ozone nonattainment or modifications to existing major or Jersey and Connecticut have adopted areas see ozone levels rise to unhealthy minor sources. New major facilities or NOX emission limits for MWCs that are levels. The EPA will fully assess New modification to existing major or minor more stringent than New York’s current York’s recently adopted Subpart 227–3 facilities in New York State are subject permitted limits. The EPA has approved for approvability once the rule is to the provisions of 6 NYCRR Part 231,22 New Jersey’s and Connecticut’s revised submitted to EPA for inclusion into the ‘‘New Source Review for New and 12 NOX limits into the SIP. The SIP New York SIP. Inclusion into the SIP of Modified Facilities.’’ Major-source approved NO limit for MWCs in New X more stringent NO emission limits for pollutant thresholds are lower in the Jersey and Connecticut 13 is 150 parts X simple cycle turbines located NYMA, however, due to the area’s per million (ppmvd).14 New York throughout the State, and particularly in former severe classification under the 1- regulates MWCs under Part 219 hour ozone NAAQS: 25 Tons per year (Incinerators) and Part 200 (General the New York portion of NYMA, would for VOC or NOX, as opposed to 50 to 100 Provisions). EPA notes that on provide additional NOX reductions to help attain the 2008 ozone NAAQS. tons, respectively, throughout the rest of September 25, 2019, New York the state. The NYMA also has a lower announced proposed changes to 6 significant source project threshold and NYCRR Subpart 219, ‘‘Incinerators,’’ 16 Corrected to 15% oxygen. 17 significant net emission increase which, among other things, would limit For Connecticut, see 82 FR 35454 (July 31, 2017). threshold, as well as a more stringent oxides of nitrogen emissions from 18 42 ppm is equivalent to 1.6 lb/megawatt-hour offset ratio for both precursors. 15 municipal waste combustion units. which is the limit at Table 7 of New Jersey’s NOX NNSR requires the application of Inclusion in the SIP of more stringent RACT regulation, Subchapter 19. Subchapter 19 at Lowest Achievable Emission Rate Table 7 notes that the limit is applicable to high NOX emission limits for MWCs located electric demand day (HEDD) units or a stationary combustion turbine that is capable of generating 15 20 For Connecticut see DG regulation at 22a–174– 12 For New Jersey, see 75 FR 80340 (December 22, MW or more and that commenced operation on or 42; For New Jersey see Subchapter 19 at section 2010); for Connecticut, see 82 FR 35454 (July 31, after May 1, 2005. In accordance with Subchapter 19.8(e)(1), (2) and (4). The EPA approved 2017). 19 definitions, units that commence operation on or Subchapter 19 on December 22, 2010 (75 FR 80340). 13 In Connecticut, the 150 ppmvd limit is for after May 1, 2005 are neither HEDD nor non-HEDD 21 On September 4, 2019, New York announced ‘‘mass burn waterwall combustors.’’ units. a proposed rule, 6 NYCRR Subpart 222, 14 As measured on a dry volume basis and 19 On December 31, 2019, New York announced ‘‘Distributed Generation Sources.’’ The proposed corrected to 7% oxygen. an approved rule, 6 NYCRR Subpart 227–3, ‘‘Ozone rule is to replace the rule adopted on November 1, 15 On September 25, 2019, New York announced Season Oxides of Nitrogen (NOX) Emission Limits 2016. The new rule would apply to demand a proposed rule, 6 NYCRR Subpart 219, for Simple Cycle and Regenerative Combustion response and price-responsive generation sources ‘‘Incinerators.’’ The proposed rule is to limit oxides Turbines.’’ These controls are for ‘‘peaking’’ located in the NYC metropolitan area. The public of nitrogen emissions from municipal waste combustion turbines operating on high electric comment period ended on November 25, 2019. combustion units. The public comment period demand days. See https://www.dos.ny.gov/info/ 22 The EPA approved Part 231 on December 27, ended on December 11, 2019. register/2019/dec31.pdf. 2016 (81 FR 95049).

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(LAER) which is more stringent than 2011 baseline inventory. The EPA is not Executive Order 12866 (58 FR 51735, RACT. Furthermore, New York certifies taking action on the Emissions October 4, 1993), and 13563 (76 FR 382, in its November 2017 submittal that the Inventory certification at the current January 21, 2011); State also relies upon federal rules such time but will do so in the future. • Is not an Executive Order 13771 (82 as the National Emission Standards for FR 9339, February 2, 2017) regulatory IV. What is the EPA’s evaluation of Hazardous Air Pollutants (NESHAPs) action because SIP approvals are exempt New York’s SIP submittal? regulated under CAA section 112. under Executive Order 12866; NESHAPs establish MACT which may New York submitted a RACT • Does not impose an information be more stringent than RACT to control assessment and an attainment collection burden under the provisions hazardous air pollutants. demonstration the 2008 ozone moderate of the Paperwork Reduction Act (44 The EPA is proposing to approve New nonattainment standard for the New U.S.C. 3501 et seq.); York’s certification that NNSR applies York portion of NYMA and for New • Is certified as not having a state-wide for NOX and VOC emissions York State as part of the OTR. significant economic impact on a from stationary sources and fully meets The EPA is proposing to approve New substantial number of small entities the requirements of the CAA for the York’s state-wide RACT submittal dated under the Regulatory Flexibility Act (5 2008 8-hour ozone NAAQS. December 22, 2014, as supplemented on U.S.C. 601 et seq.); September 6, 2017 and November 5, • Vehicle Inspection and Maintenance (I/ Does not contain any unfunded 2019, for purposes of satisfying the 2008 M) mandate or significantly or uniquely 8-hour ozone standard RACT affect small governments, as described New York certifies that it has requirement, as it applies to CTG in the Unfunded Mandates Reform Act implemented an approved state-wide, requirements for sources of VOC, of 1995 (Pub. L. 104–4); enhanced motor vehicle I/M program including industrial cleaning solvents. • Does not have Federalism under 6 NYCRR Part 217–6 and 15 The EPA is proposing to approve the implications as specified in Executive NYCRR Part 79 to limit ozone precursor revisions to 6 NYCRR Part 226, ‘‘Solvent Order 13132 (64 FR 43255, August 10, emissions from motor vehicles.23 The Cleaning Processes and Industrial 1999); current New York Vehicle Inspection Cleaning Solvents,’’ with a State • Is not an economically significant Program (NYVIP2) requires an effective date of November 1, 2019. regulatory action based on health or appropriate emissions inspection (e.g., The EPA is proposing to approve New safety risks subject to Executive Order onboard diagnostic (OBDII) or low York’s November 13, 2017 SIP submittal 13045 (62 FR 19885, April 23, 1997); enhanced inspection) for most vehicles as it applies to non-CTG major sources • Is not a significant regulatory action annually and with changes of vehicle of VOCs, all CTG sources of VOCs, other subject to Executive Order 13211 (66 FR ownership. The emissions inspection is than the 2016 oil and natural gas CTG, determined by vehicle motor year, gross 28355, May 22, 2001); and to major sources of NOX. • Is not subject to requirements of vehicle weight rating (GVWR), fuel type, The EPA is also proposing to approve and registration class. section 12(d) of the National New York’s state-wide certifications Technology Transfer and Advancement Therefore, the EPA is proposing to applicable to the New York portion of approve New York’s certification that Act of 1995 (15 U.S.C. 272 note) because NYMA moderate nonattainment area application of those requirements would the previously-approved SIP element for for: (1) Nonattainment new source the State’s enhanced vehicle I/M be inconsistent with the CAA; and review; (2) vehicle I/M program; and (3) • program remain adequate and fully meet Does not provide EPA with the emission statements. discretionary authority to address, as the requirements of the CAA for The EPA is soliciting public appropriate, disproportionate human moderate classification of the 2008 8- comments on the issues discussed in health or environmental effects, using hour ozone NAAQS. this proposal. These comments will be practicable and legally permissible considered before the EPA takes final Emission Statements methods, under Executive Order 12898 action. Interested parties may (59 FR 7629, February 16, 1994). New York certifies that the emission participate in the federal rulemaking In addition, this proposed rulemaking statement requirement of CAA section procedure by submitting written action, pertaining to New York’s 2008 8- 182(a)(3)(b) is fully addressed through 6 comments as discussed in the NYCRR Subpart 202–2 24 that is hour ozone RACT submission, is not ADDRESSES section of this rulemaking. applicable state-wide. Therefore, the approved to apply on any Indian EPA is proposing to approve New V. Statutory and Executive Order reservation land or in any other area York’s emission statement certification Reviews where EPA or an Indian tribe has that the previously-approved SIP Under the CAA, the Administrator is demonstrated that a tribe has element fully meets the requirements of required to approve a SIP submission jurisdiction. In those areas of Indian the CAA for moderate classification of that complies with the provisions of the country, the rule does not have tribal the 2008 8-hour ozone NAAQS. CAA and applicable Federal regulations. implications and will not impose any substantial direct costs on tribal Other New York Certifications 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, governments or preempt tribal law as New York certifies that NO and VOC X EPA’s role is to approve state choices, specified by Executive Order 13175 (65 RACT requirements, which are provided that they meet the criteria of FR 67249, November 9, 2000). discussed elsewhere in this proposal, the CAA. Accordingly, this action are fully addressed. New York also List of Subjects in 40 CFR Part 52 merely proposes to approve state law as certifies that the State’s Emission meeting Federal requirements and does Environmental protection, Air Inventory requirements are fully not impose additional requirements pollution control, Incorporation by addressed through the submission of the beyond those imposed by state law. For reference, Intergovernmental relations, that reason, this proposed action: Nitrogen dioxide, Ozone, Reporting and 23 The EPA approved NYCRR Part 217–6 and 15 • Is not a ‘‘significant regulatory recordkeeping requirements, Volatile NYCRR Part 79 on February 28, 2012 (77 FR 11742). organic compounds. 24 The EPA approved 6 NYCRR Subpart 202–2 on action’’ subject to review by the Office October 31, 2007 (72 FR 61530). of Management and Budget under Authority: 42 U.S.C. 7401 et seq.

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Dated: January 28, 2020. II. What is being addressed in this document? 51.102. The submission also satisfied Peter D. Lopez, III. Have the requirements for approval of a the completeness criteria of 40 CFR part SIP revision been met? Regional Administrator, Region 2. 51, appendix V. The State provided IV. What action is the EPA taking? [FR Doc. 2020–02819 Filed 2–12–20; 8:45 am] V. Incorporation by Reference public notice on this SIP revision from BILLING CODE 6560–50–P VI. Statutory and Executive Order Reviews February 28, 2019 to April 3, 2019 and received one comment from EPA on I. Written Comments March 5, 2019, supporting the revision. ENVIRONMENTAL PROTECTION Submit your comments, identified by In addition, as explained above the AGENCY Docket ID No. EPA–R07–OAR–2020– revision meets the substantive SIP 0036, at https://www.regulations.gov. requirements of the Clean Air Act 40 CFR Parts 52 and 70 Once submitted, comments cannot be (CAA), including section 110 and [EPA–R07–OAR–2020–0036; FRL–10005– edited or removed from Regulations.gov. implementing regulations. 25–Region 7] The EPA may publish any comment IV. What action is the EPA taking? received to its public docket. Do not Air Plan Approval; Nebraska; Approval submit electronically any information EPA is proposing to approve the of State Implementation Plan and you consider to be Confidential removal of Chapter 129, title 8, section Operating Permits Program Business Information (CBI) or other 007.06 from the Nebraska title V information whose disclosure is program and SIP because it is AGENCY: Environmental Protection inconsistent with EPA’s interpretation Agency (EPA). restricted by statute. Multimedia submissions (audio, video, etc.) must be of the title V program. ACTION: Proposed rule. accompanied by a written comment. We are processing this as a proposed action because we are soliciting SUMMARY: The Environmental Protection The written comment is considered the Agency (EPA) is proposing approval of official comment and should include comments on this proposed action. the removal of Nebraska Administrative discussion of all points you wish to Final rulemaking will occur after Code title 129, chapter 8, section 007.06 make. The EPA will generally not consideration of any comments. from Nebraska’s State Implementation consider comments or comment V. Incorporation by Reference contents located outside of the primary Plan (SIP) and title V provisions. In this document, the EPA is Nebraska submitted this revision to the submission (i.e. on the web, cloud, or other file sharing system). For proposing to include regulatory text in EPA on July 19, 2019. Title 129, chapter an EPA final rule that includes 8 contains Nebraska’s operating permit additional submission methods, the full incorporation by reference. In program and is approved under title V EPA public comment policy, accordance with requirements of 1 CFR and part 52. The EPA is proposing information about CBI or multimedia 51.5, the EPA is proposing to approval because the removal of the submissions, and general guidance on incorporate by reference the Nebraska language makes the rule consistent with making effective comments, please visit Regulation described in the proposed federal regulations and strengthens the https://www.epa.gov/dockets/ amendments to 40 CFR part 52 set forth SIP and the title V program. commenting-epa-dockets. below. The EPA has made, and will DATES: Comments must be received on II. What is being addressed in this continue to make, these materials or before March 16, 2020. document? generally available through ADDRESSES: You may send comments, The EPA is proposing to approve the www.regulations.gov and at the EPA identified by Docket ID No. EPA–R07– removal of title 129, chapter 8, section Region 7 Office (please contact the OAR–2020–0036 to https:// 007.06 from the Nebraska person identified in the FOR FURTHER www.regulations.gov. Follow the online Administrative Code of the previously INFORMATION CONTACT section of this instructions for submitting comments. approved SIP. Section 007.06 stated that preamble for more information). Instructions: All submissions received permits used under title 129 chapter 8 VI. Statutory and Executive Order must include the Docket ID No. for this superseded all other previously issued Reviews rulemaking. Comments received will be operating or construction permits. This posted without change to https:// section which was previously approved Under the CAA, the Administrator is www.regulations.gov/, including any in Nebraska’s SIP, is inconsistent with required to approve a SIP submission personal information provided. For the EPA’s interpretation of the title V that complies with the provisions of the detailed instructions on sending program. Title V permits include all Act and applicable Federal regulations. comments and additional information SIP-approved permit terms, but do not 42 U.S.C. 7410(k); 40 CFR 52.02(a). on the rulemaking process, see the supersede, void, replace or otherwise Thus, in reviewing SIP submissions, the ‘‘Written Comments’’ heading of the eliminate their legal existence and EPA’s role is to approve state choices, SUPPLEMENTARY INFORMATION section of enforceability. This proposed removal of provided that they meet the criteria of this document. this provision confirms that the CAA. Accordingly, this action FOR FURTHER INFORMATION CONTACT: construction permits are not vacated merely approves state law as meeting Lachala Kemp, Environmental when an operating permit is issued. Federal requirements and does not Protection Agency, Region 7 Office, Air Removal of this provision is impose additional requirements beyond Quality Planning Branch, 11201 Renner appropriate, consistent with Federal those imposed by state law. For that Boulevard, Lenexa, Kansas 66219; regulations and strengthens both the reason, this action: telephone number (913) 551–7214; title V program and the SIP. The EPA is • Is not a significant regulatory action email address [email protected]. proposing approval of this revision. subject to review by the Office of SUPPLEMENTARY INFORMATION: Management and Budget under III. Have the requirements for approval Throughout this document ‘‘we,’’ ‘‘us,’’ Executive Orders 12866 (58 FR 51735, of a SIP revision been met? and ‘‘our’’ refer to the EPA. October 4, 1993) and 13563 (76 FR 3821, The State submission has met the January 21, 2011); Table of Contents public notice requirements for SIP • Is not an Executive Order 13771 (82 I. Written comments submissions in accordance with 40 CFR FR 9339, February 2, 2017) regulatory

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action because SIP approvals are • Does not provide EPA with the 40 CFR Part 70 exempted under Executive Order 12866. discretionary authority to address, as Environmental protection, • Does not impose an information appropriate, disproportionate human Administrative practice and procedure, collection burden under the provisions health or environmental effects, using Air pollution control, Intergovernmental of the Paperwork Reduction Act (44 practicable and legally permissible relations, Operating permits, Reporting U.S.C. 3501 et seq.); • methods, under Executive Order 12898 and recordkeeping requirements. Is certified as not having a (59 FR 7629, February 16, 1994). significant economic impact on a Dated: February 6, 2020. substantial number of small entities The SIP is not approved to apply on James Gulliford, under the Regulatory Flexibility Act (5 any Indian reservation land or in any Regional Administrator, Region 7. U.S.C. 601 et seq.); other area where EPA or an Indian tribe • For the reasons stated in the Does not contain any unfunded has demonstrated that a tribe has preamble, the EPA proposes to amend mandate or significantly or uniquely jurisdiction. In those areas of Indian 40 CFR parts 52 and 70 as set forth affect small governments, as described country, the rule does not have tribal below: in the Unfunded Mandates Reform Act implications and will not impose of 1995 (Pub. L. 104–4); substantial direct costs on tribal PART 52—APPROVAL AND • Does not have Federalism governments or preempt tribal law as PROMULGATION OF implications as specified in Executive specified by Executive Order 13175 (65 IMPLEMENTATION PLANS Order 13132 (64 FR 43255, August 10, FR 67249, November 9, 2000). 1999); ■ 1. The authority citation for part 52 • Is not an economically significant List of Subjects continues to read as follows: regulatory action based on health or safety risks subject to Executive Order 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq. 13045 (62 FR 19885, April 23, 1997); Environmental protection, Air Subpart—CC Nebraska • Is not a significant regulatory action pollution control, Carbon monoxide, subject to Executive Order 13211 (66 FR ■ 2. In § 52.1420, the table in paragraph Incorporation by reference, 28355, May 22, 2001); (c) is amended by revising the entry • Is not subject to requirements of the Intergovernmental relations, Lead, ‘‘129–8’’ to read as follows: National Technology Transfer and Nitrogen dioxide, Ozone, Particulate Advancement Act (NTTA) because this matter, Reporting and recordkeeping § 52.1420 Identification of plan. rulemaking does not involve technical requirements, Sulfur oxides, Volatile * * * * * standards; and organic compounds. (c) * * *

EPA-APPROVED NEBRASKA REGULATIONS

State Nebraska citation Title effective EPA approval date Explanation date

STATE OF NEBRASKA

Department of Environmental Quality

Title 129—Nebraska Air Quality Regulations

*******

129–8 ...... Operating Permit Content ...... 6/24/2019 [Date of publication of the final rule in the Federal Register], [Federal Register citation of the final rule].

*******

* * * * * Appendix A to Part 70—Approval AFTER DATE OF PUBLICATION OF THE Status of State and Local Operating FINAL RULE IN THE Federal Register]. PART 70—STATE OPERATING PERMIT Permits Programs * * * * * PROGRAMS [FR Doc. 2020–02827 Filed 2–12–20; 8:45 am] * * * * * BILLING CODE 6560–50–P ■ 3. The authority citation for part 70 Nebraska; City of Omaha; Lincoln-Lancaster continues to read as follows: County Health Department Authority: 42 U.S.C. 7401, et seq. * * * * * (q) The Nebraska Department of ■ 4. Appendix A to part 70 is amended Environment and Energy submitted revisions by adding paragraph (q) under to NDEQ Title 129 Chapter 8 ‘‘Operating ‘‘Nebraska; City of Omaha; Lincoln- Permit Content’’ on July 19, 2019. The state Lancaster County Health Department’’ effective date is June 24, 2019. The proposed to read as follows: revision effective date is [DATE 30 DAYS

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DEPARTMENT OF VETERANS addition, during the comment period, Discussion and Analysis AFFAIRS comments may be viewed online The VA proposes to make the through the Federal Docket Management following changes to the VAAR in this 48 CFR Parts 804, 805, 849, and 852 System (FDMS) at www.Regulations.gov. phase of its revision and streamlining RIN 2900–AQ77 FOR FURTHER INFORMATION CONTACT: Mr. initiative. For procedural guidance cited Rafael N. Taylor, Senior Procurement below that is proposed to be deleted VA Acquisition Regulation: Analyst, Procurement Policy and from the VAAR, each section cited for Administrative Matters; Publicizing Warrant Management Services, 003A2A, removal has been considered for Contract Actions; and Termination of 425 I Street NW, Washington, DC 20001, inclusion in VA’s internal agency Contracts (202) 382–2787. (This is not a toll-free operating procedures in accordance with FAR 1.301(a)(2). Similarly, AGENCY: Department of Veterans Affairs. number.) delegations of authority that are SUPPLEMENTARY INFORMATION: ACTION: Proposed rule. removed from the VAAR will be included in the VA Acquisition Manual SUMMARY: The Department of Veterans Background (VAAM) as internal agency guidance. Affairs (VA) is proposing to amend and This action is being taken under the update its VA Acquisition Regulation The VAAM is being created in parallel authority of the Office of Federal with these revisions to the VAAR and is (VAAR) in phased increments to revise Procurement Policy (OFPP) Act which or remove any policy superseded by not subject to the rulemaking process as provides the authority for an agency they are internal VA procedures and changes in the Federal Acquisition head to issue agency acquisition Regulation (FAR), to remove procedural guidance. The VAAM will not be regulations that implement or finalized until corresponding VAAR guidance internal to VA into the VAAM, supplement the FAR. This authority and to incorporate any new agency parts are finalized, and therefore the ensures that Government procurements VAAM is not yet available on line. specific regulations or policies. These are handled fairly and consistently, that changes seek to streamline and align the the Government receives overall best VAAR Part 804—Administrative VAAR with the FAR and remove value, and that the Government and Matters outdated and duplicative requirements contractors both operate under a known Under part 804, Administrative and reduce burden on contractors. The set of rules. Matters, we propose to add the authority VAAM incorporates portions of the citation for 41 U.S.C. 1702 which removed VAAR as well as other internal The proposed rule would update the VAAR to current FAR titles, addresses the acquisition planning and agency acquisition policy. VA will management responsibilities of Chief rewrite certain parts of the VAAR and requirements, and definitions; it would correct inconsistencies and remove Acquisition Officers and Senior VAAM, and as VAAR parts are Procurement Executives, to include rewritten, will publish them in the redundancies and duplicate material already covered by the FAR; it would implementation of unique procurement Federal Register. VA will combine policies, regulations and standards of related topics, as appropriate. This also delete outdated material or information and appropriately renumber the executive agency. We propose to rulemaking revises VAAR coverage revise the authority citation of 40 U.S.C. concerning Administrative Matters, VAAR text, clauses, and provisions where required to comport with FAR 121 to remove the reference to Publicizing Contract Actions, and paragraph (d), as paragraph (c) which Termination of Contracts, as well as an format, numbering and arrangement. All amendments, revisions, and removals will be retained comports with FAR and affected part concerning Solicitation VAAR standard usage and reference to Provisions and Contract Clauses. have been reviewed and concurred with by an Integrated Product Team of paragraph (d) is unnecessary. We DATES: Comments must be received on agency stakeholders. propose to remove the authority citation or before April 13, 2020 to be The VAAR uses the regulatory of 38 U.S.C. 8127 and 8128 as the considered in the formulation of the section requiring the citation, 804.1102, final rule. structure and arrangement of the FAR and headings and subject areas are Vendor Information Pages (VIP) ADDRESSES: Written comments may be broken up consistent with the FAR Database, is being moved to part 819, submitted through content. The VAAR is divided into Small Business Programs. The www.Regulations.gov; by mail or hand- subchapters, parts (each of which covers authorities cited for this part are 40 delivery to Director, Office of Regulation a separate aspect of acquisition), U.S.C. 121(c); 41 U.S.C. 1702; and 48 Policy and Management (00REG), subparts, sections, and paragraphs. CFR 1.301–1.304. Department of Veterans Affairs, 810 We propose to remove subpart 804.1, Vermont Avenue NW, Room 1064, The Office of Federal Procurement Contract Execution, and section Washington, DC 20420; or by fax to Policy Act, as codified in 41 U.S.C. 804.101, Contracting officer’s signature, (202) 273–9026. Comments should 1707, provides the authority for the because it duplicates coverage in the indicate that they are submitted in Federal Acquisition Regulation and for FAR. This proposed rule would also response to ‘‘RIN 2900–AQ77—VA the issuance of agency acquisition remove section 804.1102, Vendor Acquisition Regulation: Administrative regulations consistent with the FAR. Information Pages (VIP) Database, as Matters; Publicizing Contract Actions; When Federal agencies acquire this information is being moved to part and Termination of Contracts.’’ Copies supplies and services using 819, Small Business Programs. of comments received will be available appropriated funds, the purchase is We propose to add subpart 804.13, for public inspection in the Office of governed by the FAR, set forth at title Personal Identity Verification, and Regulation Policy and Management, 48 Code of Federal Regulations (CFR), section 804.1303, Contract clause, to Room 1064, between the hours of 8:00 chapter 1, parts 1 through 53, and the prescribe clause 852.204–70, Personal a.m. and 4:30 p.m., Monday through agency regulations that implement and Identity Verification of Contractor Friday (except holidays). Please call supplement the FAR. The VAAR is set Personnel, which requires personal (202) 461–4902 for an appointment. forth at title 48 CFR, chapter 8, parts 801 identity verification of all employees (This is not a toll-free number.) In to 873. performing under a contract when

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frequent and continuing access to VA We propose to add clause 852.249–70, a substantial number of small entities as facilities or information systems is Termination for Default—Supplement they are defined in the Regulatory required. for Mortuary Services, which Flexibility Act, 5 U.S.C. 601–612. supplements FAR clause 52.249–8, Therefore, pursuant to 5 U.S.C. 605(b), VAAR Part 805—Publicizing Contract Default (Fixed-Price Supply and the initial and final regulatory flexibility Actions Service), to identify specific analysis requirements of 5 U.S.C. 603 We propose to remove and reserve circumstances in which the Government and 604 do not apply. part 805. Under this part, we propose to may terminate for default in contracts Unfunded Mandates remove section 805.202, Exceptions, as for mortuary services. duplicative of FAR coverage at 6.302–5. The Unfunded Mandates Reform Act Executive Orders 12866, 13563 and of 1995 requires, at 2 U.S.C. 1532, that This proposed rule would also remove 13771 section 805.205, Special situations, agencies prepare an assessment of since it duplicates coverage at FAR Executive Orders (EOs) 12866 and anticipated costs and benefits before 5.101(b) and 5.502(a). Finally, this 13563 direct agencies to assess all costs issuing any rule that may result in the proposed rule would remove section and benefits of available regulatory expenditure by State, local, and tribal 805.207, Preparation and transmittal of alternatives and, when regulation is Governments, in the aggregate, or by the synopses, as the guidance it provides is necessary, to select regulatory private sector, of $100 million or more outdated and does not add value. approaches that maximize net benefits (adjusted annually for inflation) in any (including potential economic, one year. This proposed rule would VAAR Part 849—Termination of environmental, public health and safety have no such effect on State, local, and Contracts effects, and other advantages; tribal Governments or on the private Under part 849, Termination of distributive impacts; and equity). E.O. sector. 13563 (Improving Regulation and Contracts, we propose to remove 41 List of Subjects U.S.C. 1121(c)(3), which addresses the Regulatory Review) emphasizes the authority of the Administrator of OFPP importance of quantifying both costs 48 CFR Parts 804, 805, and 849 to prescribe Government-wide policies and benefits, reducing costs, Government procurement. to be implemented in the FAR. The harmonizing rules, and promoting 48 CFR Part 852 authorities cited for this part are 40 flexibility. The Office of Information U.S.C. 121(c); 41 U.S.C. 1702; and 48 and Regulatory Affairs has determined Government procurement, Reporting CFR 1.301–1.304. that this rule is not a significant and recordkeeping requirements. regulatory action under Executive Order We propose to remove the entire Signing Authority subpart 849.1, General Principles, as it 12866. contains internal guidance. Specifically, VA’s impact analysis can be found as The Secretary of Veterans Affairs, or sections 849.101, Authorities and a supporting document at http:// designee, approved this document and responsibilities, and 849.106, Fraud or www.regulations.gov, usually within 48 authorized the undersigned to sign and other criminal conduct, are proposed for hours after the rulemaking document is submit the document to the Office of the removal as they contain internal published. Additionally, a copy of the Federal Register for publication procedures which will be addressed in rulemaking and its impact analysis are electronically as an official document of VAAM. We propose to remove sections available on VA’s website at http:// the Department of Veterans Affairs. 849.811, Review of proposed www.va.gov/orpm/, by following the Pamela Powers, Chief of Staff, settlements, 849.111–70, Required link for ‘‘VA Regulations Published Department of Veterans Affairs, review, and 849.111–71, Submission of From FY 2004 Through Fiscal Year to approved this document on January 28, information, as they include outdated Date.’’ 2020, for publication. This proposed rule is not expected to information and internal procedures be an E.O. 13771 regulatory action Consuela Benjamin, which will be updated and addressed in because this proposed rule is not Regulation Development Coordinator, Office the VAAM. significant under E.O. 12866. of Regulation Policy & Management, Office This proposed rule would add subpart of the Secretary, Department of Veterans 849.5, Contract Termination Clauses, Paperwork Reduction Act Affairs. and section 849.504–70, Termination of This proposed rule contains no For the reasons set out in the mortuary services, to prescribe clause provisions constituting a collection of preamble, VA proposes to amend 48 852.249–70, Termination for Default— information under the Paperwork CFR parts 804, 805, 849, and 852 as Supplement for Mortuary Services, in Reduction Act of 1995 (44 U.S.C. 3501– follows: all solicitations and contracts for 3521). mortuary services containing the FAR PART 804—ADMINISTRATIVE clause 52.249–8, Default (Fixed-Price Regulatory Flexibility Act MATTERS Supply and Service). The Secretary hereby certifies that ■ this proposed rule would not have a 1. The authority citation for part 804 VAAR Part 852—Solicitation significant economic impact on a is revised to read as follows: Provisions and Contract Clauses substantial number of small entities as Authority: 40 U.S.C. 121(c); 41 U.S.C. We propose to add clause 852.204–70, they are defined in the Regulatory 1702; and 48 CFR 1.301 through 1.304. Personal Identity Verification of Flexibility Act (5 U.S.C. 601–612). This Subpart 804.1 [Removed and Contractor Personnel, to require rulemaking does not change VA’s policy Reserved] contractor compliance with Department regarding small businesses, does not of Veterans Affairs policy for personal have an economic impact to individual ■ 2. Subpart 804.1, consisting of identity verification of all employees businesses, and there are no increased sections 804.101 and 804.1102, is performing under a contract that or decreased costs to small business removed and reserved. requires frequent and continuing access entities. On this basis, the proposed rule ■ 3. Subpart 804.13 is added to read as to VA facilities or information systems. would not have an economic impact on follows:

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Subpart 804.13—Personal Identity for Mortuary Services, in all 852.249–70 Termination for Default— Verification solicitations and contracts for mortuary Supplement for Mortuary Services. services containing the FAR clause 804.1303 Contract clause. As prescribed in 849.504–70, insert 52.249–8, Default (Fixed-Price Supply the following clause: The contracting officer shall insert the and Service). clause at 852.204–70, Personal Identity Termination for Default—Supplement Verification of Contractor Personnel, in PART 852—SOLICITATION for Mortuary Services (Date) solicitations and contracts that require PROVISIONS AND CONTRACT contractor employees to have routine The FAR clause entitled Default (Fixed- CLAUSES Price Supply and Service), at 52.249–8, is access to a VA facility or to VA supplemented as follows: ■ information systems. This clause is used 8. The authority citation for part 852 The Contracting Officer may terminate this in conjunction with FAR clause 52.204– continues to read as follows: contract for default by written notice without 9, Personal Identity Verification of Authority: Pub. L. 101–647; 20 U.S.C. the ten day notice required by paragraph Contractor Personnel. 7181–7183; 38 U.S.C. 8127–8128, and 8151– (a)(2) of the Default clause if— 8153; 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); (a) The Contractor, through circumstances PART 805 [Removed and Reserved] 41 U.S.C. 1303; 41 U.S.C 1702; and 48 CFR reasonably within its control or that of its ■ 4. Part 805, consisting of sections 1.301 through 1.304. employees, performs any act under or in 805.202, 805.205, and 805.207, is connection with this contract, or fails in the removed and reserved under the Subpart 852.2—Text of Provisions and performance of any service under this Clauses contract and the act or failures may authority of 40 U.S.C. 121(c) and 48 CFR reasonably be considered to reflect discredit 1.301 through 1.304. ■ 9. Section 852.204–70 is added to read upon the Department of Veteran Affairs in PART 849—TERMINATION OF as follows: fulfilling its responsibility for proper care of remains; CONTRACTS 852.204–70 Personal Identity Verification (b) The Contractor, or its employees, ■ 5. The authority citation for part 849 of Contractor Personnel. solicits relatives or friends of the deceased to is revised to read as follows: purchase supplies or services not under this As prescribed in 804.1303, insert the contract. (The Contractor may furnish Authority: 40 U.S.C. 121(c); 41 U.S.C. following clause: supplies or arrange for services not under 1702; and 48 CFR 1.301 through 1.304. Personal Identity Verification of this contract, only if representatives of the deceased voluntarily request, select, and pay Subpart 849.1 [Removed and Contractor Personnel (Date) for them.); Reserved] (a) The Contractor shall comply with (c) The services or any part of the services ■ 6. Subpart 849.1, consisting of current Department of Veterans Affairs policy are performed by anyone other than the sections 849.101, 849.106, 849.111, for personal identity verification of all Contractor or the Contractor’s employees 849.111–70, and 849.111–71, is employees performing under this contract without the written authorization of the when frequent and continuing access to VA Contracting Officer; removed and reserved. facilities or information systems is required. (d) The Contractor refuses to perform the ■ 7. Subpart 849.5 is revised to read as (b) The Contractor shall insert this clause services required for any particular remains; follows: in all subcontracts when the subcontractor’s or Subpart 849.5—Contract Termination employees will require frequent and (e) The Contractor mentions or otherwise continuing access to VA facilities or uses this contract in its advertising in any Clauses information systems. way. 849.504–70 Termination of mortuary services. (End of clause) (End of clause) Use the clause at 852.249–70, ■ 10. Section 852.249–70 is revised to [FR Doc. 2020–02425 Filed 2–12–20; 8:45 am] Termination for Default—Supplement read as follows: BILLING CODE 8320–01–P

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Notices Federal Register Vol. 85, No. 30

Thursday, February 13, 2020

This section of the FEDERAL REGISTER An agency may not conduct or Description of Respondents: Business contains documents other than rules or sponsor a collection of information or other for-profit; Federal Government. proposed rules that are applicable to the unless the collection of information Number of Respondents: 50. public. Notices of hearings and investigations, displays a currently valid OMB control Frequency of Responses: Reporting: committee meetings, agency decisions and number and the agency informs On occasion; Other (varies). rulings, delegations of authority, filing of petitions and applications and agency potential persons who are to respond to Total Burden Hours: 571. the collection of information that such statements of organization and functions are Ruth Brown, examples of documents appearing in this persons are not required to respond to the collection of information unless it Departmental Information Collection section. Clearance Officer. displays a currently valid OMB control number. [FR Doc. 2020–02912 Filed 2–12–20; 8:45 am] DEPARTMENT OF AGRICULTURE BILLING CODE 3410–02–P Agricultural Marketing Service Submission for OMB Review; Title: Application for Plant Variety Comment Request Protection Certificate and Objective COMMISSION ON CIVIL RIGHTS Description of Variety—Asexually February 10, 2020. Reproduced Varieties Agenda and Notice of Public Meeting of the New Jersey Advisory Committee The Department of Agriculture will OMB Control Number: 0581-New. submit the following information Summary of Collection: The Plant AGENCY: Commission on Civil Rights. collection requirement(s) to OMB for Variety Protection Act (PVPA) ACTION: Announcement of meeting. review and clearance under the (December 24, 1970; 84 Stat. 1542, 7 Paperwork Reduction Act of 1995, U.S.C. 2321 et seq.) was established to SUMMARY: Notice is hereby given, Public Law 104–13 on or after the date encourage the development of novel pursuant to the provisions of the rules of publication of this notice. Comments varieties of sexually-reproduced plants and regulations of the U.S. Commission are requested regarding: whether the and make them available to the public, on Civil Rights (Commission), and the collection of information is necessary providing intellectual property rights Federal Advisory Committee Act for the proper performance of the (IPR) protection to those who breed, (FACA), that a planning meeting of the functions of the agency, including develop, or discover such novel New Jersey Advisory Committee to the whether the information will have varieties, and thereby promote progress Commission will convene by conference practical utility; the accuracy of the in agriculture in the public interest. call, on Friday, February 21, 2020 at agency’s estimate of burden including Regulations implementing the PVPA 3:00 p.m. (EST). The purpose of the the validity of the methodology and appear at 7 CFR par 92. The 2018 Farm meeting is discuss plans and assumptions used; ways to enhance the Bill amended section 2402 of the PVPA assignments to carryout the Committee’s quality, utility and clarity of the (7 U.S.C. F;2402) to include asexually civil rights project on the collateral information to be collected; and ways to reproduced plant varieties. The PVPA is consequences that a criminal record has minimize the burden of the collection of a voluntary user funded program that on criminal forfeitures and occupational information on those who are to grants intellectual property ownership licensing. respond, including through the use of rights to breeders of new and novel DATES: Friday, February 21, 2020, at appropriate automated, electronic, seed-and tuber-reproduced plant 3:00 p.m. (EST). mechanical, or other technological varieties. To obtain these rights the collection techniques or other forms of ADDRESSES: Public Call-In Information: applicant must provide information that Conference call number: 1–800–667– information technology should be shows the variety is eligible for addressed to: Desk Officer for 5617 and conference call ID number: protection and that it is indeed new, 7386659. Agriculture, Office of Information and distinct, uniform, and stable, as the law Regulatory Affairs, Office of requires. Applicants are provided with FOR FURTHER INFORMATION CONTACT: Ivy Management and Budget (OMB), New applications to identify the information L. Davis, at [email protected] or by phone Executive Office Building, Washington, that is required to issue a certificate of at 202–376–7533. DC; New Executive Office Building, protection. SUPPLEMENTARY INFORMATION: Interested 725—17th Street NW, Washington, DC, Need and Use of the Information: members of the public may listen to the 20503. Commenters are encouraged to Applicants must complete the ST–470, discussion by calling the following toll- submit their comments to OMB via ‘‘Application for Plant Variety free conference call number: 1–800– _ email to: OIRA Submission@ Protection Certificate,’’ and the ST–470 667–5617 and conference call ID omb.eop.gov or fax (202) 395–5806 and series of forms, ‘‘Objective Description number: 7386659. Please be advised that to Departmental Clearance Office, of Variety’’ along with other forms. The before placing them into the conference USDA, OCIO, Mail Stop 7602, Agricultural Marketing Service will use call, the conference call operator may Washington, DC 20250–7602. the information from the applicant to be ask callers to provide their names, their Comments regarding these evaluated by examiners to determine if organizational affiliations (if any), and information collections are best assured the variety is eligible for protection email addresses (so that callers may be of having their full effect if received by under the PVPA. If the information was notified of future meetings). Callers can March 16, 2020. Copies of the not collected applicant would not be expect to incur charges for calls they submission(s) may be obtained by able to obtain the protection that the initiate over wireless lines, and the calling (202) 720–8681. PVPA is intended to provide. Commission will not refund any

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incurred charges. Callers will incur no DEPARTMENT OF COMMERCE 1’’ chemicals, contact Douglas Brown, charge for calls they initiate over land- Treaty Compliance Division, Office of line connections to the toll-free Bureau of Industry and Security Nonproliferation and Treaty telephone number herein. [Docket No. 200113–0009] Compliance, Bureau of Industry and Security, U.S. Department of Commerce, Persons with hearing impairments RIN 0694–XC055 Phone: (202) 482–2163. For questions may also follow the discussion by first on the submission of comments, contact calling the Federal Relay Service at 1– Impact of the Implementation of the Willard Fisher, Regulatory Policy 800–877–8339 and providing the Chemical Weapons Convention (CWC) Division, Office of Exporter Services, operator with the toll-free conference on Legitimate Commercial Chemical, Bureau of Industry and Security, U.S. call number: 1–800–667–5617 and Biotechnology, and Pharmaceutical Department of Commerce, Phone: (202) conference call ID number: 7386659. Activities Involving ‘‘Schedule 1’’ 482–2440. Chemicals (Including ‘‘Schedule 1’’ Members of the public are invited to SUPPLEMENTARY INFORMATION: Chemicals Produced as Intermediates) make statements during the Public During Calendar Year 2019 Background Comment section of the meeting or to submit written comments. The AGENCY: Bureau of Industry and In providing its advice and consent to comments must be received in the Security, Commerce. the ratification of the Convention on the Prohibition of the Development, regional office approximately 30 days ACTION: Notice of inquiry. Production, Stockpiling, and Use of after each scheduled meeting. Written Chemical Weapons and Their comments may be mailed to the Eastern SUMMARY: The Bureau of Industry and Security (BIS) is seeking public Destruction, commonly called the Regional Office, U.S. Commission on Chemical Weapons Convention (CWC or Civil Rights, 1331 Pennsylvania comments on the impact that implementation of the Chemical ‘‘the Convention’’), the Senate included, Avenue, Suite 1150, Washington, DC Weapons Convention (CWC), through in Senate Resolution 75 (S. Res. 75, 20425, or emailed to Evelyn Bohor at the Chemical Weapons Convention April 24, 1997), several conditions to its [email protected]. Persons who desire Implementation Act and the Chemical ratification. Condition 9, titled additional information may contact the Weapons Convention Regulations ‘‘Protection of Advanced Eastern Regional Office at (202) 376– (CWCR), has had on commercial Biotechnology,’’ calls for the President 7533. activities involving ‘‘Schedule 1’’ to certify to Congress on an annual basis Records and documents discussed chemicals during calendar year 2019. that ‘‘the legitimate commercial during the meeting will be available for The purpose of this notice of inquiry is activities and interests of chemical, public viewing, as they become to collect information to assist BIS in its biotechnology, and pharmaceutical available at: https://gsageo.force.com/ preparation of the annual certification to firms in the United States are not being significantly harmed by the limitations FACA/FACAPublicViewCommittee the Congress on whether the legitimate of the Convention on access to, and Details?id=a10t0000001gzjVAAQ click commercial activities and interests of production of, those chemicals and the ‘‘Meeting Details’’ and ‘‘Documents’’ chemical, biotechnology, and pharmaceutical firms are harmed by toxins listed in Schedule 1.’’ On July 8, links. Records generated from this 2004, President Bush, by Executive meeting may also be inspected and such implementation. This certification is required under Condition 9 of Senate Order 13346, delegated his authority to reproduced at the Eastern Regional make the annual certification to the Office, as they become available, both Resolution 75 (April 24, 1997), in which the Senate gave its advice and consent Secretary of Commerce. before and after the meetings. Persons The CWC is an international arms to the ratification of the CWC. interested in the work of this advisory control treaty that contains certain committee are advised to go to the DATES: Comments must be received by verification provisions. In order to Commission’s website, www.usccr.gov, March 16, 2020. implement these verification provisions, or to contact the Eastern Regional Office ADDRESSES: You may submit comments the CWC established the Organization at the above phone number, email or by any of the following methods (please for the Prohibition of Chemical street address. refer to RIN 0694–XC055 in all Weapons (OPCW). In order to achieve comments and in the subject line of the object and purpose of the Agenda email comments): Convention and the implementation of • Federal rulemaking portal (http:// its provisions, the CWC imposes certain Friday, February 21, 2020 at 3:00 p.m. www.regulations.gov)—you can find this (EST) obligations on countries that have notice by searching on its ratified the Convention (i.e., States I. Welcome and Roll Call regulations.gov docket number, which is Parties), among which are the enactment BIS–2019–0028; of legislation to prohibit the production, II. Project Planning • Email: [email protected]— storage, and use of chemical weapons III. Other Business include the phrase ‘‘Schedule 1 Notice and the establishment of a National IV. Next Meeting of Inquiry’’ in the subject line; Authority to serve as the national focal • Fax: (202) 482–3355 (Attn: Willard point for effective liaison with the V. Public Comments Fisher); OPCW and other States Parties. The • VI. Adjourn By mail or delivery to Regulatory CWC also requires each State Party to Policy Division, Bureau of Industry and Dated: February 10, 2020. implement a comprehensive data Security, U.S. Department of Commerce, David Mussatt, declaration and inspection regime to Room 2099B, 14th Street and provide transparency and to verify that Supervisory Chief, Regional Programs Unit. Pennsylvania Avenue NW, Washington, both the public and private sectors of [FR Doc. 2020–02935 Filed 2–12–20; 8:45 am] DC 20230. the State Party are not engaged in BILLING CODE P FOR FURTHER INFORMATION CONTACT: For activities prohibited under the CWC. questions on the Chemical Weapons ‘‘Schedule 1’’ chemicals consist of Convention requirements for ‘‘Schedule those toxic chemicals and precursors set

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forth in the CWC ‘‘Annex on (1) Prohibit the import of ‘‘Schedule production of, ‘‘Schedule 1’’ chemicals Chemicals’’ and in ‘‘Supplement No. 1 1’’ chemicals from States not Party to as described in this notice, BIS is to part 712—SCHEDULE 1 the Convention (15 CFR 712.2(b)); seeking public comments on any effects CHEMICALS’’ of the Chemical Weapons (2) Require annual declarations by that implementation of the CWC, Convention Regulations (CWCR) (15 certain facilities engaged in the through the Chemical Weapons CFR parts 710–722). The CWC production of ‘‘Schedule 1’’ chemicals Convention Implementation Act and the identified these toxic chemicals and in excess of 100 grams aggregate per CWCR, has had on commercial activities precursors as posing a high risk to the calendar year (i.e., declared ‘‘Schedule involving ‘‘Schedule 1’’ chemicals object and purpose of the Convention. 1’’ facilities) for purposes not prohibited during calendar year 2019. To allow BIS The CWC (Part VI of the ‘‘Verification by the Convention (15 CFR 712.5(a)(1) to properly evaluate the significance of Annex’’) restricts the production of and (a)(2)); any harm to commercial activities ‘‘Schedule 1’’ chemicals for protective (3) Provide for government approval involving ‘‘Schedule 1’’ chemicals, purposes to two facilities per State of ‘‘declared Schedule 1’’ facilities (15 public comments submitted in response Party: A single small-scale facility CFR 712.5(f)); to this notice of inquiry should include (SSSF) and a facility for production in (4) Provide that ‘‘declared Schedule both a quantitative and qualitative quantities not exceeding 10 kg per year. 1’’ facilities are subject to initial and assessment of the impact of the CWC on The CWC Article-by-Article Analysis routine inspection by the OPCW (15 such activities. submitted to the Senate in Treaty Doc. CFR 712.5(e) and 716.1(b)(1)); 103–21 defined the term ‘‘protective (5) Require 200 days advance Submission of Comments purposes’’ to mean ‘‘used for notification of the establishment of new All comments must be submitted to determining the adequacy of defense ‘‘Schedule 1’’ production facilities one of the addresses indicated in this equipment and measures.’’ Consistent producing greater than 100 grams notice. The Department requires that all with this definition and as authorized aggregate of ‘‘Schedule 1’’ chemicals per comments be submitted in written form. by Presidential Decision Directive (PDD) calendar year (15 CFR 712.4); BIS will consider all comments received 70 (December 17, 1999), which specifies (6) Require advance notification and on or before March 16, 2020. All agency and departmental annual reporting of all imports and comments, including those comments responsibilities as part of the U.S. exports of ‘‘Schedule 1’’ chemicals to, or containing any personally identifying implementation of the CWC, the from, other States Parties to the information or information for which a Department of Defense (DOD) was Convention (15 CFR 712.6, 742.18(a)(1) claim of confidentially is asserted either assigned the responsibility to operate and 745.1); and in the comments or their transmittal these two facilities. DOD maintains (7) Prohibit the export of ‘‘Schedule emails, will be made available for public strict controls on ‘‘Schedule 1’’ 1’’ chemicals to States not Party to the inspection and copying. Parties who chemicals produced at its facilities in Convention (15 CFR 742.18(a)(1) and wish to comment anonymously may do order to ensure accountability for such (b)(1)(ii)). so by submitting their comments via For purposes of the CWCR (see 15 chemicals, as well as their proper use, Regulations.gov, leaving the fields that CFR 710.1), ‘‘production of a Schedule consistent with the object and purpose would identify the commenter blank 1 chemical’’ means the formation of of the Convention. Although this and including no identifying ‘‘Schedule 1’’ chemicals through assignment of responsibility to DOD information in the comment itself. under PDD–70 effectively precluded chemical synthesis, as well as commercial production of ‘‘Schedule 1’’ processing to extract and isolate Richard E. Ashooh, chemicals for ‘‘protective purposes’’ in ‘‘Schedule 1’’ chemicals. The phrase Assistant Secretary for Export the United States, it did not establish ‘‘production of a schedule 1 chemical’’ Administration. any limitations on ‘‘Schedule 1’’ includes, in its meaning, the formation [FR Doc. 2020–02848 Filed 2–12–20; 8:45 am] chemical activities that are not of a chemical through chemical BILLING CODE 3510–33–P prohibited by the CWC. reaction, including by a biochemical or The provisions of the CWC that affect biologically mediated reaction. commercial activities involving ‘‘Production of a Schedule 1 chemical’’ DEPARTMENT OF COMMERCE ‘‘Schedule 1’’ chemicals are is understood, for CWCR declaration implemented in the CWCR (see 15 CFR purposes, to include intermediates, by- International Trade Administration part 712) and in the Export products, or waste products that are [A–791–824] Administration Regulations (EAR) (see produced and consumed within a 15 CFR 742.18 and 15 CFR part 745), defined chemical manufacturing Acetone From the Republic of South both of which are administered by the sequence, where such intermediates, by- Africa: Final Determination of Sales at Bureau of Industry and Security (BIS). products, or waste products are Less Than Fair Value Pursuant to CWC requirements, the chemically stable and therefore exist for CWCR restrict commercial production a sufficient time to make isolation from AGENCY: Enforcement and Compliance, of ‘‘Schedule 1’’ chemicals to research, the manufacturing stream possible, but International Trade Administration, medical, or pharmaceutical purposes. where, under normal or design Department of Commerce. The CWCR prohibit commercial operating conditions, isolation does not SUMMARY: The Department of Commerce production of ‘‘Schedule 1’’ chemicals occur. (Commerce) determines that imports of for ‘‘protective purposes’’ because such acetone from the Republic of South production is effectively precluded per Request for Comments Africa (South Africa) are being, or are PDD–70, as described above. See 15 CFR In order to assist in determining likely to be, sold in the United States at 712.2(a). whether the legitimate commercial less than fair value (LTFV). The period The CWCR also contain other activities and interests of chemical, of investigation (POI) is January 1, 2018 requirements and prohibitions that biotechnology, and pharmaceutical through December 31, 2018. For apply to ‘‘Schedule 1’’ chemicals and/or firms in the United States are information on the estimated dumping ‘‘Schedule 1’’ facilities. Specifically, the significantly harmed by the limitations margins of sales at LTFV, see the ‘‘Final CWCR: of the Convention on access to, and Determination’’ section of this notice.

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DATES: Applicable February 13, 2020. enforcement.trade.gov/frn/. The signed All-Others Rate FOR FURTHER INFORMATION CONTACT: and electronic versions of the Issues and Charlotte Baskin-Gerwitz, AD/CVD Decision Memorandum are identical in Sections 735(c)(1)(B)(i)(II) and Operations, Office VII, Enforcement and content. 735(c)(5)(A) of the Act provide that Commerce shall determine an estimated Compliance, International Trade Scope of the Investigation Administration, U.S. Department of all-others rate for all exporters and Commerce, 1401 Constitution Avenue The product covered by this producers not individually examined. NW, Washington, DC 20230; telephone: investigation is acetone from South This rate shall be an amount equal to (202) 482–4880. Africa. Commerce did not receive any the weighted average of the estimated SUPPLEMENTARY INFORMATION: scope comments and has not updated weighted-average dumping margins established for exporters and producers Background the scope of the investigation since the Preliminary Determination. For a individually investigated, excluding any This final determination is made in complete description of the scope of this zero and de minimis margins, and any accordance with section 735 of the investigation, see Appendix I to this margins determined entirely under Tariff Act of 1930, as amended (the Act). notice. section 776 of the Act. However, when On September 24, 2019, Commerce the estimated weighted-average Analysis of Comments Received published the Preliminary dumping margins for all exporters and Determination of this antidumping duty producers individually investigated are (AD) investigation, in which we also The issues raised in the case and zero or de minimis, or determined under postponed the final determination to rebuttal briefs submitted by interested section 776 of the Act, section February 6, 2020.1 The petitioner in this parties in this investigation are investigation is the Coalition for discussed in the Issues and Decision 735(c)(5)(B) of the Act provides that Acetone Fair Trade (the petitioner).2 Memorandum. For a list of the issues Commerce shall use any reasonable The mandatory respondent in this raised by parties and responded to by method to establish the all-others rate, investigation is Sasol South Africa Commerce in the Issues and Decision including averaging the estimated Limited (SSA). Shortly prior to Memorandum, see Appendix II to this weighted-average dumping margins for publication of the Preliminary notice. the exporters and producers Determination, on September 23, 2019, Verification individually investigated. SSA informed Commerce that it would In this investigation, Commerce based not participate in Commerce’s planned Because SSA stated prior to the SSA’s rate entirely on facts otherwise verifications of SSA’s questionnaire Preliminary Determination that it would available. Accordingly, we will use any responses.3 A complete summary of the not participate in verification, we did reasonable method to establish the events that occurred since publication not conduct a verification of SSA’s estimated all-others rate. Commerce’s of the Preliminary Determination, as information. practice in such situations is to base the well as a full discussion of the issues Use of Adverse Facts Available (AFA) all-others rate on a simple average of the raised by parties for this final petition rates.7 Therefore, as the all- determination, may be found in the In making this final determination, others rate we are assigning a simple Issues and Decision Memorandum.4 The Commerce relied on facts available. As average of the margins alleged in the Issues and Decision Memorandum is a discussed in the Issues and Decision petition, which is 314.51 percent. For a public document and is available 5 Memorandum, we determine that, full description of the methodology electronically via Enforcement and because SSA withdrew its participation Compliance’s Antidumping and underlying Commerce’s analysis, see the in verification, SSA significantly Issues and Decision Memorandum. Countervailing Duty Centralized impeded the investigation, submitted Electronic Service System (ACCESS). information that could not be verified, Final Determination Access is available to registered users at and failed to cooperate by not acting to http://access.trade.gov, and to all parties the best of its ability in responding to Pursuant to section 735 of the Act, in the Central Records Unit, Room B– Commerce’s requests for information. Commerce determines the estimated 8024 of Commerce’s main building. In Therefore, we are drawing adverse dumping margins to be: addition, a complete version of the inferences in selecting from among the Issues and Decision Memorandum can facts otherwise available.6 For further 7 See, e.g., Notice of Preliminary Determinations be accessed at http:// information, see the ‘‘Use of Facts of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR Otherwise Available and Adverse 21909, 21912 (April 23, 2008), unchanged in Notice 1 See Acetone from the Republic of South Africa: Inferences’’ section in the Issues and of Final Determination of Sales at Less Than Fair Preliminary Affirmative Determination of Sales at Decision Memorandum. Value: Sodium Nitrite from the Federal Republic of Less Than Fair Value, Postponement of Final Germany, 73 FR 38986, 38987 (July 8, 2008), and Determination, and Extension of Provisional Changes Since the Preliminary accompanying Issues and Decision Memorandum at Measures, 84 FR 49984 (September 24, 2019) Determination Comment 2; see also Notice of Final Determination (Preliminary Determination), and accompanying of Sales at Less Than Fair Value: Raw Flexible Preliminary Decision Memorandum. Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2 The members of the Coalition for Acetone Fair Based on our analysis of the 2008); Steel Threaded Rod from Thailand: Trade are AdvanSix Inc., Altivia Petrochemicals, comments received and our application Preliminary Determination of Sales at Less Than LLC, and Olin Corporation. of facts available with an adverse Fair Value and Affirmative Preliminary 3 See SSA’s Letter, ‘‘Acetone from South Africa: inference to SSA, we revised the margin Determination of Critical Circumstances, 78 FR Notification Regarding Verification Participation,’’ 79670, 79671 (December 31, 2013), unchanged in dated September 23, 2019. calculation for SSA since the Steel Threaded Rod from Thailand: Final 4 See Memorandum, ‘‘Issues and Decision Preliminary Determination. These Determination of Sales at Less Than Fair Value and Memorandum for the Final Affirmative changes are discussed in the Issues and Affirmative Final Determination of Critical Determination in the Antidumping Duty Decision Memorandum. Circumstances, 79 FR 14476, 14477 (March 14, Investigation of Acetone from the Republic of South 2014); and Polyethylene Terephthalate Resin from Africa,’’ dated concurrently with, and hereby Pakistan: Final Determination of Sales at Less Than adopted by, this notice (Issues and Decision 5 See Issues and Decision Memorandum at 2–9. Fair Value, 83 FR 48281, 48282 (September 24, Memorandum). 6 See sections 776(a) and (b) of the Act. 2018).

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Estimated exist, the proceeding will be terminated For combined and commingled products, only the acetone component is covered by Exporter or producer dumping and all cash deposits will be refunded. margin If the ITC determines that such injury the scope of this investigation. However, (percent) when acetone is combined with acetone does exist, Commerce will issue an AD components from sources not subject to this Sasol South Africa Limited ... 414.92 order directing CBP to assess, upon investigation, those third country acetone All Others ...... 314.51 further instruction by Commerce, components may still be subject to other antidumping duties on all imports of the acetone investigations. Disclosure subject merchandise entered, or Notwithstanding the foregoing language, an withdrawn from warehouse, for acetone combination or mixture that is Because Commerce applied AFA to consumption on or after the effective transformed through a chemical reaction into SSA, and the AFA rate is based solely date of the suspension of liquidation, as another product, such that, for example, the on the petition, there are no calculations acetone can no longer be separated from the discussed above in the ‘‘Continuation of other products through a distillation process to disclose for this final determination Suspension of Liquidation’’ section. pursuant to 19 CFR 351.224(b). (e.g., methyl methacrylate (MMA) or Notification Regarding Administrative Bisphenol A (BPA)), is excluded from this Continuation of Suspension of Protective Orders investigation. Liquidation A combination or mixture is excluded from these investigations if the total acetone In accordance with section This notice serves as the only reminder to parties subject to an component (regardless of the source or 735(c)(1)(B) of the Act, Commerce will sources) comprises less than 5 percent of the instruct U.S. Customs and Border administrative protective order (APO) of combination or mixture, on a dry weight Protection (CBP) to continue to suspend their responsibility concerning the basis. liquidation of all appropriate entries of disposition of proprietary information The Chemical Abstracts Service (CAS) acetone from South Africa, as described disclosed under APO in accordance registry number for acetone is 67–64–1. in Appendix I of this notice, which were with 19 CFR 351.305(a)(3). Timely The merchandise covered by this entered, or withdrawn from warehouse, notification of the return/destruction of investigation is currently classifiable under Harmonized Tariff Schedule of the United for consumption on or after September APO materials or conversion to judicial protective order is hereby requested. States (HTSUS) subheadings 2914.11.1000 24, 2019, the date of publication of the and 2914.11.5000. Combinations or mixtures Preliminary Determination in the Failure to comply with the regulations of acetone may enter under subheadings in Federal Register. and the terms of an APO is violation Chapter 38 of the HTSUS, including, but not Pursuant to section 735(c)(l) of the subject to sanction. limited to, those under heading 3814.00.1000, 3814.00.2000, 3814.00.5010, Act and 19 CFR 351.210(d), Commerce Notification to Interested Parties will instruct CBP to require cash and 3814.00.5090. The list of items found deposits equal to the estimated dumping This determination is issued and under these HTSUS subheadings is non- margins indicated in the table above as exhaustive. Although these HTSUS published in accordance with sections subheadings and CAS registry number are follows: (1) The cash deposit rate for 735(d) and 777(i)(1) of the Act, and 19 provided for convenience and customs SSA will be equal to the estimated CFR 351.210(c). purposes, the written description of the dumping margin determined in this Dated: February 6, 2020. scope of this investigation is dispositive. final determination; (2) if the exporter is Jeffrey I. Kessler, not a respondent identified above, but Appendix II Assistant Secretary for Enforcement and the producer is, then the cash deposit List of Topics Discussed in the Issues and Compliance. rate will be equal to the company- Decision Memorandum specific estimated weighted-average Appendix I I. Summary dumping margin established for that Scope of the Investigation II. Background producer of the subject merchandise; III. Scope of the Investigation and (3) the cash deposit rate for all other The merchandise covered by this IV. Use of Facts Otherwise Available and investigation is all grades of liquid or producers and exporters will be 314.51 Adverse Inferences aqueous acetone. Acetone is also known V. Discussion of the Issues percent, the all-others estimated under the International Union of Pure and Comment 1: Whether to Rely on Total AFA weighted-average dumping margin. Applied Chemistry (IUPAC) name propan-2- for SSA’s Margin These suspension of liquidation and one. In addition to the IUPAC name, acetone VI. All-Others Rate cash deposit instructions will remain in is also referred to as b-ketopropane (or beta- VII. Recommendation ketopropane), ketone propane, methyl effect until further notice. [FR Doc. 2020–02910 Filed 2–12–20; 8:45 am] ketone, dimethyl ketone, DMK, dimethyl International Trade Commission carbonyl, propanone, 2-propanone, dimethyl BILLING CODE 3510–DS–P Notification (ITC) formaldehyde, pyroacetic acid, pyroacetic ether, and pyroacetic spirit. Acetone is an In accordance with section 735(d) of DEPARTMENT OF COMMERCE the Act, we will notify the ITC of the isomer of the chemical formula C3H6O, with a specific molecular formula of CH COCH or final affirmative determination of sales 3 3 (CH3)2CO. International Trade Administration at LTFV. Because the final The scope covers both pure acetone (with [A–423–814] determination in this proceeding is or without impurities) and acetone that is affirmative, in accordance with section combined or mixed with other products, Acetone From Belgium: Final 735(b)(2) of the Act, the ITC will make including, but not limited to, isopropyl Determination of Sales at Less Than alcohol, benzene, diethyl ether, methanol, its final determination as to whether the Fair Value domestic industry in the United States chloroform, and ethanol. Acetone that has is materially injured, or threatened with been combined with other products is AGENCY: Enforcement and Compliance, material injury, by reason of imports of included within the scope, regardless of International Trade Administration, whether the combining occurs in third acetone from South Africa no later than countries. Department of Commerce. 45 days after our final determination. If The scope also includes acetone that is SUMMARY: The Department of Commerce the ITC determines that material injury commingled with acetone from sources not (Commerce) determines that imports of or threat of material injury does not subject to this investigation. acetone from Belgium are being, or are

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likely to be, sold in the United States at at http://access.trade.gov, and to all margins determined entirely under less than fair value (LTFV), as provided parties in the Central Records Unit, section 776 of the Act. in section 735 of the Tariff Act of 1930, room B8024 of the main Commerce In this investigation, Commerce as amended (the Act). The period of building. In addition, a complete calculated an estimated weighted- investigation (POI) is January 1, 2018 version of the Issues and Decision average dumping margin for INEOS through December 31, 2018. The final Memorandum can be accessed directly Europe. Accordingly, the all-others rate weighted-average dumping margins are at http://enforcement.trade.gov/frn/. in this investigation is the weighted- listed below in the section entitled The signed and electronic versions of average dumping margin calculated for ‘‘Final Determination Margins.’’ the Issues and Decision Memorandum INEOS Europe. DATES: Applicable February 13, 2020. are identical in content. Final Determination Margins FOR FURTHER INFORMATION CONTACT: Alex Scope of the Investigation Cipolla, AD/CVD Operations, Office VII, Commerce determines that the Enforcement and Compliance, The product covered by this International Trade Administration, investigation is acetone from Belgium. following estimated weighted-average U.S. Department of Commerce, 1401 Commerce did not receive any scope dumping margins exist: Constitution Avenue NW, Washington, comments subsequent to the Preliminary Determination and, Estimated DC 20230; telephone: (202) 482–4956. weighted- SUPPLEMENTARY INFORMATION: therefore, the scope has not been average updated since the Preliminary Exporter/producer dumping Background Determination. For a complete margin On September 24, 2019, Commerce description of the scope of this (percent) published in the Federal Register the investigation, see Appendix I. INEOS Europe AG ...... 28.10 preliminary affirmative determination of Period of Investigation All Others ...... 28.10 sales at LTFV, the postponement of the final determination, and the extension The POI is January 1, 2018 through of provisional measures, in the December 31, 2018. Disclosure antidumping duty (AD) investigation of Verification We will disclose to interested parties acetone from Belgium.1 Commerce As provided in section 782(i) of the the calculations performed in this final invited comments from interested determination within five days of any parties on the Preliminary Act, we conducted the cost and sales 2 verifications in Antwerp, Belgium, and public announcement of this notice in Determination. INEOS Europe AG accordance with 19 CFR 351.224(b). (INEOS Europe) filed a case brief, and Mobile, Alabama, between November 4 the petitioner 3 filed a rebuttal brief.4 A and December 6, 2019. We used Continuation of Suspension of summary of the events that occurred standard verification procedures, Liquidation since Commerce published the including an examination of relevant Preliminary Determination, as well as a accounting and production records, and In accordance with section full discussion of the issues raised by original source documents provided by 735(c)(1)(B) of the Act, Commerce will interested parties for this final the respondents. instruct U.S. Customs and Border determination, may be found in the Analysis of Comments Received Protection (CBP) to continue to suspend Issues and Decision Memorandum.5 The liquidation of all appropriate entries of Issues and Decision Memorandum is a All issues raised in the case and acetone from Belgium, as described in public document and is on file rebuttal briefs by parties in this Appendix I of this notice, which were electronically via Enforcement and investigation are addressed in the Issues entered, or withdrawn from warehouse, Compliance’s Antidumping and and Decision Memorandum. For a list of for consumption on or after September Countervailing Duty Centralized the issues raised and addressed in the 24, 2019, the date of publication of the Electronic Service System (ACCESS). Issues and Decision Memorandum, see Preliminary Determination. Appendix II. ACCESS is available to registered users Furthermore, pursuant to section Changes Since the Preliminary 735(c)(1)(B)(ii) of the Act and 19 CFR 1 See Acetone from Belgium: Preliminary Determination Affirmative Determination of Sales at Less Than 351.210(d), Commerce will instruct CBP Fair Value, Postponement of Final Determination, Based on our analysis of the to require a cash deposit for such entries and Extension of Provisional Measures, 84 FR comments received and our findings at of merchandise equal to the estimated 49999 (September 24, 2019) (Preliminary weighted-average dumping margin, as Determination), and accompanying Preliminary verification, we made certain changes to Decision Memorandum. the margin calculations. For a follows: (1) The cash deposit rate for the 2 See Preliminary Determination, 84 FR at 50000; discussion of these changes, see the respondent listed above will be equal to see also Memorandum, ‘‘Antidumping Duty Issues and Decision Memorandum. the respondent-specific estimated Investigation of Acetone from Belgium: Briefing weighted-average dumping margin Schedule,’’ dated December 30, 2019. All-Others Rate determined in this final determination; 3 The petitioner is the Coalition for Acetone Fair Trade, the members of the Coalition for Acetone Section 735(c)(5)(A) of the Act (2) if the exporter is not a respondent Fair Trade are AdvanSix Inc., Altivia provides that Commerce shall determine identified above but the producer is, Petrochemicals, LLC, and Olin Corporation. an estimated all-others rate for all then the cash deposit rate will be equal 4 See INEOS Europe’s Letter, ‘‘Acetone from exporters and producers not to the respondent-specific estimated Belgium: Case Brief,’’ dated January 7, 2020; see also Petitioner’s Letter, ‘‘Acetone from Belgium: individually examined. This rate shall weighted-average dumping margin Petitioners’ Rebuttal Brief,’’ dated January 13, 2020. be an amount equal to the weighted established for that producer of the 5 See Memorandum, ‘‘Issues and Decision average of the estimated weighted- subject merchandise; and (3) the cash Memorandum for the Final Affirmative average dumping margins established deposit rate for all other producers and Determination in the Less-Than-Fair-Value exporters will be equal to the all-others Investigation of Acetone from Belgium,’’ dated for exporters and producers concurrently with, and hereby adopted by, this individually investigated, excluding any estimated weighted-average dumping notice (Issues and Decision Memorandum). zero and de minimis margins, and any margin.

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International Trade Commission ketone, dimethyl ketone, DMK, dimethyl V. Recommendation Notification carbonyl, propanone, 2-propanone, dimethyl [FR Doc. 2020–02908 Filed 2–12–20; 8:45 am] formaldehyde, pyroacetic acid, pyroacetic BILLING CODE 3510–DS–P In accordance with section 735(d) of ether, and pyroacetic spirit. Acetone is an the Act, we will notify the U.S. isomer of the chemical formula C3H6O, with International Trade Commission (ITC) of a specific molecular formula of CH3COCH3 DEPARTMENT OF COMMERCE the final affirmative determination of or (CH3)2CO. sales at LTFV. Because the final The scope covers both pure acetone (with International Trade Administration determination in this proceeding is or without impurities) and acetone that is affirmative, in accordance with section combined or mixed with other products, [A–557–813] 735(b)(2)(B) of the Act, the ITC will including, but not limited to, isopropyl make its final determination as to alcohol, benzene, diethyl ether, methanol, Polyethylene Retail Carrier Bags From whether the domestic industry in the chloroform, and ethanol. Acetone that has Malaysia: Final Results of Antidumping United States is materially injured, or been combined with other products is Duty Administrative Review; 2017– threatened with material injury, by included within the scope, regardless of 2018 whether the combining occurs in third reason of imports of acetone from countries. AGENCY: Enforcement and Compliance, Belgium no later than 45 days after our The scope also includes acetone that is International Trade Administration, final determination. If the ITC commingled with acetone from sources not Department of Commerce. determines that material injury or threat subject to this investigation. SUMMARY: The Department of Commerce of material injury does not exist, the For combined and commingled products, proceeding will be terminated, and all only the acetone component is covered by (Commerce) determines that Euro SME cash deposits will be refunded. If the the scope of this investigation. However, Sdn Bhd (Euro SME), the sole producer/ ITC determines that such injury does when acetone is combined with acetone exporter subject to this administrative exist, Commerce will issue an components from sources not subject to this review did not make sales of subject antidumping duty order directing CBP investigation, those third country acetone merchandise at less than normal value to assess, upon further instruction by components may still be subject to other (NV) during the August 1, 2017 through Commerce, antidumping duties on all acetone investigations. July 31, 2018 period of review (POR). imports of the subject merchandise Notwithstanding the foregoing language, an DATES: Applicable February 13, 2020. acetone combination or mixture that is entered, or withdrawn from warehouse, transformed through a chemical reaction into FOR FURTHER INFORMATION CONTACT: Kyle for consumption on or after the effective another product, such that, for example, the Clahane, AD/CVD Operations, Office III, date of the suspension of liquidation, as acetone can no longer be separated from the Enforcement and Compliance, discussed above in the ‘‘Continuation of other products through a distillation process International Trade Administration, Suspension of Liquidation’’ section. (e.g., methyl methacrylate (MMA) or U.S. Department of Commerce, 1401 Notification Regarding Administrative Bisphenol A (BPA)), is excluded from this Constitution Avenue NW, Washington, investigation. Protective Orders DC 20230; telephone: (202) 482–5449. A combination or mixture is excluded from SUPPLEMENTARY INFORMATION: This notice will serve as the only these investigations if the total acetone reminder to parties, subject to component (regardless of the source or Background sources) comprises less than 5 percent of the administrative protective order (APO), Commerce published the Preliminary of their responsibility concerning the combination or mixture, on a dry weight basis. Results of this administrative review of destruction of proprietary information the antidumping duty (AD) order on disclosed under APO in accordance The Chemical Abstracts Service (CAS) registry number for acetone is 67–64–1. polyethylene retail carrier bags (PRCBs) with 19 CFR 351.305(a)(3). Timely The merchandise covered by this from Malaysia on October 22, 2019.1 We written notification of return/ investigation is currently classifiable under invited interested parties to comment on destruction or APO materials or Harmonized Tariff Schedule of the United the Preliminary Results; however, no conversion to judicial protective order is States (HTSUS) subheadings 2914.11.1000 interested party submitted comments. hereby requested. Failure to comply and 2914.11.5000. Combinations or mixtures Commerce conducted this with the regulations and the terms of an of acetone may enter under subheadings in administrative review in accordance Chapter 38 of the HTSUS, including, but not APO is a sanctionable violation. with sections 751(a)(1) and (2) of the limited to, those under heading Notification to Interested Parties 3814.00.1000, 3814.00.2000, 3814.00.5010, Tariff Act of 1930, as amended (the Act). We are issuing and publishing this and 3814.00.5090. The list of items found Scope of the Order under these HTSUS subheadings is non- determination and notice in accordance The merchandise covered by this with sections 735(d) and 777(i) of the exhaustive. Although these HTSUS subheadings and CAS registry number are order is PRCBs from Malaysia, which Act, and 19 CFR 351.210(c). provided for convenience and customs also may be referred to as t-shirt sacks, Dated: February 6, 2020. purposes, the written description of the merchandise bags, grocery bags, or Jeffrey I. Kessler, scope of this investigation is dispositive. checkout bags. Imports of merchandise Assistant Secretary for Enforcement and Appendix II included within the scope of this Compliance. antidumping duty order are currently List of Topics Discussed in the Issues and Appendix I classifiable under statistical category Decision Memorandum 3923.21.0085 of the Harmonized Tariff Scope of the Investigation I. Summary Schedule of the United States (HTSUS). The merchandise covered by this II. Background This subheading may also cover investigation is all grades of liquid or III. Scope of the Investigation products that are outside the scope of aqueous acetone. Acetone is also known IV. Discussion of the Issues Comment 1: Whether Commerce Should under the International Union of Pure and 1 See Polyethylene Retail Carrier Bags from Applied Chemistry (IUPAC) name propan-2- Adjust Ineos Europe’s Tolling Costs Malaysia: Preliminary Results of Antidumping Duty one. In addition to the IUPAC name, acetone Comment 2: Whether Commerce Should Administrative Review; 2017–2018, 84 FR 56418 is also referred to as +-ketopropane (or beta- Use Ineos Europe’s Actual Demurrage (October 22, 2019) (Preliminary Results) and ketopropane), ketone propane, methyl Expenses accompanying Preliminary Decision Memorandum.

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this antidumping duty order. Although final results of this review in the APO materials or conversion to judicial the HTSUS subheading is provided for Federal Register. protective order is hereby requested. convenience and customs purposes, the Failure to comply with the regulations Cash Deposit Requirements written description of the scope of this and terms of an APO is a violation antidumping duty order is dispositive. The following deposit requirements which is subject to sanction. For a full description of the scope of the will be effective upon publication of Notification to Interested Parties order, see the Preliminary Decision this notice of final results of Memorandum. administrative review in the Federal We are issuing and publishing these Register for all shipments of PRCBs final results of administrative review in Changes Since the Preliminary Results from Malaysia entered, or withdrawn accordance with sections 751(a)(1) and As noted above, we received no from warehouse, for consumption on or 777(i) of the Act and 19 CFR comments in response to the after the date of publication, as provided 351.221(b)(5). Preliminary Results. Accordingly, for by section 751(a)(2) of the Act: (1) The Dated: February 3, 2020. purposes of these final results, cash deposit rate for Euro SME will be Jeffrey I. Kessler, zero; (2) for merchandise exported by Commerce has made no changes. Assistant Secretary for Enforcement and producers or exporters not covered in Compliance. Final Results of the Review this administrative review but covered [FR Doc. 2020–02907 Filed 2–12–20; 8:45 am] Commerce determines that the in a prior segment of the proceeding, the BILLING CODE 3510–DS–P following weighted-average dumping cash deposit rate will continue to be the margin exists for the August 1, 2017 company-specific rate published for the through July 31, 2018 POR: most recently completed segment of this DEPARTMENT OF COMMERCE proceeding in which the producer or Estimated exporter participated; (3) if the exporter International Trade Administration weighted- is not a firm covered in this review, a average Exporter/producer dumping prior review, or the original less-than- [A–580–899] margin fair-value investigation but the producer (percent) is, then the cash deposit rate will be the Acetone From the Republic of Korea: rate established for the most recently Final Determination of Sales at Less Euro SME Sdn Bhd ...... 0.00 completed segment of the proceeding Than Fair Value for the producer of the merchandise; Assessment Rates and (4) the cash deposit rate for all other AGENCY: Enforcement and Compliance, producers or exporters will continue to International Trade Administration, Pursuant to section 751(a)(2)(C) of the Department of Commerce. Act, and 19 CFR 351.212(b)(1), be 84.94 percent, the all-others rate Commerce will determine, and U.S. established in the antidumping SUMMARY: The Department of Commerce Customs and Border Protection (CBP) investigation.3 These deposit (Commerce) determines that imports of shall assess, antidumping duties on all requirements, when imposed, shall acetone from the Republic of Korea appropriate entries of subject remain in effect until further notice. (Korea) are being, or are likely to be, sold in the United States at less than fair merchandise in accordance with the Notification to Importers final results of this review. For Euro value (LTFV). The period of SME, we calculated importer-specific This notice serves as a final reminder investigation (POI) is January 1, 2018 assessment rates on the basis of the ratio to importers of their responsibility through December 31, 2018. For of the total amount of dumping under 19 CFR 351.402(f)(2) to file a information on the estimated weighted- calculated for each importer’s examined certificate regarding the reimbursement average dumping margins of sales at sales and the total entered value of those of antidumping duties prior to LTFV, see the ‘‘Final Determination’’ sales in accordance with 19 CFR liquidation of the relevant entries section of this notice. 351.212(b)(1).2 Where an importer- during this review period. Failure to DATES: Applicable February 13, 2020. specific assessment rate is de minimis comply with this requirement could FOR FURTHER INFORMATION CONTACT: (i.e., less than 0.5 percent), the entries result in the Secretary’s presumption Sean Carey, AD/CVD Operations, Office by that importer will be liquidated that reimbursement of the antidumping VII, Enforcement and Compliance, without reference to antidumping duties occurred and the subsequent International Trade Administration, duties. For entries of Euro SME’s assessment of double antidumping U.S. Department of Commerce, 1401 merchandise during the period of duties. Constitution Avenue NW, Washington, review for which it did not know the Administrative Protective Order DC 20230; telephone: (202) 482–3964. merchandise was destined for the This notice also serves as a reminder SUPPLEMENTARY INFORMATION: United States, we will instruct CBP to to parties subject to administrative liquidate unreviewed entries at the all- Background protective order (APO) of their others rate if there is no rate for the responsibility concerning the return or On September 24, 2019, Commerce intermediate company(ies) involved in destruction of proprietary information published the Preliminary the transaction. Determination of this LTFV disclosed under the APO in accordance 1 We intend to issue instructions to with 19 CFR 351.305(a)(3), which investigation. The petitioner in this CBP 15 days after publication of these continues to govern business investigation is the Coalition for proprietary information in this segment 2 In these final results, Commerce applied the of the proceeding. Timely written 1 See Acetone from the Republic of Korea: assessment rate calculation method adopted in Preliminary Affirmative Determination of Sales at Antidumping Proceedings: Calculation of the notification of the return/destruction of Less Than Fair Value, Postponement of Final Weighted-Average Dumping Margin and Determination, and Extension of Provisional Assessment Rate in Certain Antidumping Duty 3 See Antidumping Duty Order: Polyethylene Measures, 84 FR 50005 (September 24, 2019) Proceedings; Final Modification, 77 FR 8101 Retail Carrier Bags from Malaysia, 69 FR 48203 (Preliminary Determination), and accompanying (February 14, 2012). (August 9, 2004). Preliminary Decision Memorandum.

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Acetone Fair Trade (the petitioner).2 LG Chem and its wholly-owned affiliate, ranged U.S. sale quantities for the The mandatory respondents in this LG Chem America, Inc., and KPB, in merchandise under consideration.6 This investigation are LG Chem, Ltd. (LG accordance with section 782(i) of the rate was assigned to all other producers Chem) and Kumho P&B Chemicals, Inc. Tariff Act of 1930, as amended (the or exporters, pursuant to section (KPB). We held a public hearing on Act).5 735(c)(5)(A) of the Act. January 23, 2020, to address issues Changes Since the Preliminary Final Determination raised in the case and rebuttal briefs.3 A Determination complete summary of the events that Pursuant to section 735 of the Act, occurred since publication of the Based on our analysis of the Commerce determines the estimated Preliminary Determination, as well as a comments received and our findings at weighted-average dumping margins to full discussion of the issues raised by verification, we made certain changes to be: parties for this final determination, may the margin calculations since the Preliminary Determination. These Estimated be found in the Issues and Decision weighted- Memorandum.4 The Issues and Decision changes are discussed in the Issues and average Memorandum is a public document and Decision Memorandum. Producer or exporter dumping margins is available electronically via All-Others Rate Enforcement and Compliance’s (percent) Antidumping and Countervailing Duty Sections 735(c)(1)(B)(i)(II) and 735(c)(5)(A) of the Act provide that Kumho P&B Chemicals, Inc 47.86 Centralized Electronic Service System LG Chem, Ltd ...... 25.05 (ACCESS). Access is available to Commerce shall determine an estimated All Others ...... 33.10 registered users at http:// weighted-average dumping margin rate access.trade.gov, and to all parties in the for all other exporters and producers not Disclosure individually examined (the all-others Central Records Unit, room B–8024 of In accordance with 19 CFR the main Commerce building. In rate). This rate shall be an amount equal to the weighted average of the estimated 351.224(b), we will disclose the addition, a complete version of the calculations performed within five days Issues and Decision Memorandum can weighted-average dumping margins established for exporters and producers of any public announcement of this be accessed at http:// determination. enforcement.trade.gov/frn/. The signed individually examined, excluding rates and electronic versions of the Issues and that are zero, de minimis, or determined Continuation of Suspension of Decision Memorandum are identical in entirely under section 776 of the Act. Liquidation However, when the estimated weighted- content. In accordance with section average dumping margins for each of the 735(c)(1)(B) of the Act, Commerce will Scope of the Investigation exporters and producers individually instruct U.S. Customs and Border examined are zero, de minimis, or The scope of the investigation covers Protection (CBP) to continue to suspend acetone from Korea. Commerce received determined under section 776 of the liquidation of all appropriate entries of no scope comments and has not Act, Commerce shall use any reasonable acetone from Korea, as described in updated the scope of the investigation method to establish the all-others rate, Appendix I of this notice, which were since the Preliminary Determination. including averaging the estimated entered, or withdrawn from warehouse, For a complete description of the scope weighted-average dumping margins for for consumption on or after September of this investigation, see Appendix I to the exporters and producers 24, 2019, the date of publication of the this notice. individually examined. Preliminary Determination. In this investigation, Commerce Analysis of Comments Received In addition, pursuant to section calculated individual estimated 735(c)(1)(B)(ii) of the Act and 19 CFR The issues raised in the case briefs weighted-average dumping margins of 351.210(d), Commerce will instruct CBP and rebuttal briefs submitted by 47.86 percent for KPB and 25.05 percent interested parties in this investigation for LG Chem, the two individually 6 With two respondents under examination, are discussed in the Issues and Decision examined companies. Commerce Commerce normally calculates (A) a weighted Memorandum. For a list of the issues calculated the rate for the companies average of the estimated weighted-average dumping raised by parties and responded to by not selected for individual examination margins calculated for the examined respondents (as directed by the statute) based on the actual Commerce in the Issues and Decision using a weighted-average of the reported U.S. sale quantities for each respondent; Memorandum, see Appendix II to this estimated weighted-average dumping (B) a simple average of the estimated weighted- notice. margins calculated for KPB and LG average dumping margins calculated for the Chem, and each company’s publicly- examined respondents; and (C) a weighted-average Verification of the estimated weighted-average dumping margins calculated for the examined respondents using each Between October 21 and November 5 See Memorandum, ‘‘Verification of the Cost company’s publicly-ranged U.S. sale quantities for 19, 2019, we conducted cost and sales Response of LG Chem, Ltd. in the Antidumping the merchandise under consideration. Because the verifications of mandatory respondents, Duty Investigation of Acetone from the Republic of calculation in (A) includes business proprietary Korea, dated December 17, 2019; Memorandum, information (BPI) which could be revealed by ‘‘Verification of the Cost Response of Kumho P&B publicly releasing the results of this calculation, 2 The members of the Coalition for Acetone Fair Chemicals, Inc. in the Antidumping Duty Commerce then compares the calculation results of Trade are AdvanSix Inc., Altivia Petrochemicals, Investigation of Acetone from the Republic of (B) and (C) to (A) and selects the rate closest to (A) LLC, and Olin Corporation. Korea, dated December 18, 2019; Memorandum, as the most appropriate rate for all other producers 3 See Hearing Transcript, ‘‘Public Hearing in the ‘‘Verification of the Questionnaire Responses of LG or exporters not subject to individual examination. Matter of the Less-Than-Fair-Value Investigation of Chem, Ltd. and LG Chem America, Inc. in the See Ball Bearings and Parts Thereof from France, Acetone from the Republic of Korea’’ (January 23, Antidumping Duty Less Than Fair Value Germany, Italy, Japan, and the United Kingdom: 2020). Investigation of Acetone from the Republic of Final Results of Antidumping Duty Administrative 4 See Memorandum, ‘‘Issues and Decision Korea,’’ dated December 23, 2019; and Reviews, Final Results of Changed-Circumstances Memorandum for the Final Affirmative Memorandum, ‘‘Verification of the Questionnaire Review, and Revocation of an Order in Part, 75 FR Determination in the Antidumping Duty Responses of Kumho P&B Chemicals, Inc. in the 53661, 53663 (September 1, 2010). For a complete Investigation of Acetone from the Republic of Antidumping Duty Less Than Fair Value analysis including the BPI data, see Memorandum, Korea,’’ issued concurrently with, and adopted by, Investigation of Acetone from the Republic of ‘‘Final Determination Calculation for the ‘All- this notice (Issues and Decision Memorandum). Korea,’’ dated December 23, 2019. Others’ Rate,’’ dated concurrently with this notice.

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to require a cash deposit for such entries Notification to Interested Parties under these HTSUS subheadings is non- of merchandise equal to the estimated exhaustive. Although these HTSUS This determination is issued and subheadings and CAS registry number are weighted-average dumping margin as published in accordance with sections follows: (1) The cash deposit rate for the provided for convenience and customs 735(d) and 777(i)(1) of the Act. purposes, the written description of the companies listed in the table above will scope of this investigation is dispositive. be equal to the company-specific Dated: February 6, 2020. estimated weighted-average dumping Jeffrey I. Kessler, Appendix II Assistant Secretary for Enforcement and margin identified for that company in List of Topics Discussed in the Issues and Compliance. the table; (2) if the exporter is not a Decision Memorandum company listed in the table above, but Appendix I I. Summary the producer is, then the cash deposit Scope of the Investigation II. Background rate will be equal to the company- III. Scope of the Investigation specific estimated weighted-average The merchandise covered by this IV. Changes Since the Preliminary dumping margin listed for that producer investigation is all grades of liquid or Determination of the subject merchandise in the above aqueous acetone. Acetone is also known V. Discussion of the Issues under the International Union of Pure and Comment 1: LG Chem’s Joint Cost table; and (3) the cash deposit rate for Applied Chemistry (IUPAC) name propan-2- all other producers and exporters will Allocation Methodology one. In addition to the IUPAC name, acetone Comment 2: KPB’s Cost Allocation Method be equal to the all-others estimated is also referred to as b-ketopropane (or beta- Comment 3: KPB’s Purchases from weighted-average dumping margin. ketopropane), ketone propane, methyl Affiliates These suspension of liquidation ketone, dimethyl ketone, DMK, dimethyl Comment 4: LG Chem’s Non-Operating instructions will remain in effect until carbonyl, propanone, 2-propanone, dimethyl Expenses further notice. formaldehyde, pyroacetic acid, pyroacetic Comment 5: LG Chem’s G&A Expense ether, and pyroacetic spirit. Acetone is an Ratio Calculation International Trade Commission isomer of the chemical formula C3H6O, with VI. Recommendation Notification (ITC) a specific molecular formula of CH3COCH3 or (CH3)2CO. [FR Doc. 2020–02909 Filed 2–12–20; 8:45 am] In accordance with section 735(d) of The scope covers both pure acetone (with BILLING CODE 3510–DS–P the Act, we will notify the ITC of the or without impurities) and acetone that is final affirmative determination of sales combined or mixed with other products, at LTFV. Because the final including, but not limited to, isopropyl DEPARTMENT OF COMMERCE determination in this proceeding is alcohol, benzene, diethyl ether, methanol, chloroform, and ethanol. Acetone that has affirmative, in accordance with section National Institute of Standards and been combined with other products is Technology 735(b)(2) of the Act, the ITC will make included within the scope, regardless of its final determination as to whether the whether the combining occurs in third Advisory Committee on Earthquake domestic industry in the United States countries. Hazards Reduction Meeting is materially injured, or threatened with The scope also includes acetone that is material injury, by reason of imports of commingled with acetone from sources not AGENCY: National Institute of Standards acetone from Korea no later than 45 subject to this investigation. and Technology, Department of days after our final determination. If the For combined and commingled products, Commerce. only the acetone component is covered by ITC determines that material injury or the scope of this investigation. However, ACTION: Notice of open meeting. threat of material injury does not exist, when acetone is combined with acetone SUMMARY: the proceeding will be terminated and components from sources not subject to this National Institute of all cash deposits will be refunded. If the investigation, those third country acetone Standards and Technology (NIST)’s ITC determines that such injury does components may still be subject to other Advisory Committee on Earthquake exist, Commerce will issue an acetone investigations. Hazards Reduction (ACEHR or antidumping order directing CBP to Notwithstanding the foregoing language, an Committee) will hold an open meeting assess, upon further instruction by acetone combination or mixture that is on Wednesday, March 25, 2020, from transformed through a chemical reaction into 8:30 a.m. to 5:00 p.m. Mountain Time Commerce, antidumping duties on all another product, such that, for example, the imports of the subject merchandise and Thursday, March 26, 2020, from acetone can no longer be separated from the 8:30 a.m. to 2:00 p.m. Mountain Time. entered, or withdrawn from warehouse, other products through a distillation process for consumption on or after the effective (e.g., methyl methacrylate (MMA) or DATES: The ACEHR will meet on date of the suspension of liquidation, as Bisphenol A (BPA)), is excluded from this Wednesday, March 25, 2020, from 8:30 discussed above in the ‘‘Continuation of investigation. a.m. to 5:00 p.m. Mountain Time and Suspension of Liquidation’’ section. A combination or mixture is excluded from Thursday, March 26, 2020, from 8:30 these investigations if the total acetone a.m. to 2:00 p.m. Mountain Time. Notification Regarding Administrative component (regardless of the source or ADDRESSES: The meeting will be held in Protective Order (APO) sources) comprises less than 5 percent of the combination or mixture, on a dry weight the Katharine Blodgett Gebbie This notice serves as the only basis. Laboratory Conference Room 1A106, reminder to parties subject to an APO of The Chemical Abstracts Service (CAS) Building 81, at NIST, 325 Broadway their responsibility concerning the registry number for acetone is 67–64–1. Street, Boulder, Colorado 80305, with disposition of proprietary information The merchandise covered by this an option to participate via disclosed under APO in accordance investigation is currently classifiable under teleconference or webinar. Please note with 19 CFR 351.305(a)(3). Timely Harmonized Tariff Schedule of the United admittance instructions under the written notification of the return/ States (HTSUS) subheadings 2914.11.1000 SUPPLEMENTARY INFORMATION section of and 2914.11.5000. Combinations or mixtures this notice. destruction of APO materials or of acetone may enter under subheadings in conversion to judicial protective order is Chapter 38 of the HTSUS, including, but not FOR FURTHER INFORMATION CONTACT: Tina hereby requested. Failure to comply limited to, those under heading Faecke, Management and Program with the regulations and the terms of an 3814.00.1000, 3814.00.2000, 3814.00.5010, Analyst, National Earthquake Hazards APO is violation subject to sanction. and 3814.00.5090. The list of items found Reduction Program (NEHRP),

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Engineering Laboratory, NIST, 100 electronically by email to tina.faecke@ Agency business requires calling the Bureau Drive, Mail Stop 8604, nist.gov. meeting without seven calendar days Gaithersburg, Maryland 20899–8604. All visitors to the NIST site are advance public notice. Ms. Faecke’s email address is required to pre-register to be admitted. Dated: February 11, 2020. Please submit your full name, estimated [email protected] and her phone Alberta E. Mills, number is (301) 975–5911. time of arrival, email address, and phone number to Tina Faecke by 5:00 Secretary. SUPPLEMENTARY INFORMATION: Authority: p.m. Eastern Time, Wednesday, March [FR Doc. 2020–03066 Filed 2–11–20; 4:15 pm] 42 U.S.C. 7704(a)(5) and the Federal 11, 2020. Non-U.S. citizens must submit BILLING CODE 6355–01–P Advisory Committee Act, as amended, 5 additional information; please contact U.S.C. App. The Committee is Ms. Faecke. Ms. Tina Faecke’s email composed of 12 members, appointed by address is [email protected], and her DEPARTMENT OF EDUCATION the Director of NIST, who were selected phone number is (301) 975–5911. If you for their established records of wish to participate via teleconference or Applications for New Awards; distinguished service in their webinar, please submit your full name, Personnel Development To Improve professional community, their affiliation, and phone number to Ms. Services and Results for Children With knowledge of issues affecting NEHRP, Faecke by 5:00 p.m. Eastern Time, Disabilities—Leadership Development and to reflect the wide diversity of Wednesday, March 11, 2020. After pre- Programs: Increasing the Capacity of technical disciplines, competencies, and registering, participants will be Leaders To Improve Systems Serving communities involved in earthquake provided with detailed instructions on Children With Disabilities hazards reduction. In addition, the how to join the teleconference or AGENCY: Chairperson of the U.S. Geological Office of Special Education and webinar remotely. For participants Rehabilitative Services, Department of Survey Scientific Earthquake Studies attending in person, please note that Advisory Committee serves as an ex- Education. federal agencies, including NIST, can ACTION: Notice. officio member of the Committee. only accept a state-issued driver’s Pursuant to the Federal Advisory license or identification card for access SUMMARY: The Department of Education Committee Act, as amended, 5 U.S.C. to federal facilities if such license or (Department) is issuing a notice inviting App., notice is hereby given that the identification card is issued by a state applications for new awards for fiscal ACEHR will meet on Wednesday, March that is compliant with the REAL ID Act year (FY) 2020 for Personnel 25, 2020, from 8:30 a.m. to 5:00 p.m. of 2005 (Pub. L. 109–13), or by a state Development to Improve Services and Mountain Time and Thursday, March that has an extension for REAL ID Results for Children with Disabilities— 26, 2020, from 8:30 a.m. to 2:00 p.m. compliance. NIST currently accepts Leadership Development Programs: Mountain Time. The meeting will be other forms of federal-issued Increasing the Capacity of Leaders to open to the public. The primary purpose identification in lieu of a state-issued Improve Systems Serving Children with of this meeting is for the Committee to driver’s license. For detailed Disabilities, Catalog of Federal Domestic review the latest activities of NEHRP information please contact Ms. Faecke Assistance (CFDA) number 84.325L. and receive responses to the at (301) 975–5911 or visit: http:// These grants will fund States to Committee’s 2019 biennial Report on www.nist.gov/public_affairs/visitor/. implement leadership development the Effectiveness of NEHRP. The agenda programs that recruit, increase the may change to accommodate Committee Kevin A. Kimball, capacity of, and retain State, regional, business. The final agenda and any Chief of Staff. and local leaders to promote high meeting materials will be posted on the [FR Doc. 2020–02888 Filed 2–12–20; 8:45 am] expectations and improve early NEHRP website at http://nehrp.gov/. BILLING CODE 3510–13–P childhood and educational outcomes for Individuals and representatives of children with disabilities and their organizations who would like to offer families by improving the systems that comments and suggestions related to the CONSUMER PRODUCT SAFETY serve them. This notice relates to the Committee’s business are invited to COMMISSION approved information collection under OMB control number 1820–0028. request a place on the agenda. On March Sunshine Act Meeting Notice 25, 2020, approximately fifteen minutes DATES: Applications Available: February 13, will be reserved near the beginning of TIME AND DATE: Wednesday, February the meeting for public comments and 12, 2020; 1:30 p.m. 2020. speaking times will be assigned on a Deadline for Transmittal of PLACE: Hearing Room 420, Bethesda first-come, first-serve basis. The amount Applications: April 13, 2020. Towers, 4330 East West Highway, Deadline for Intergovernmental of time per speaker will be determined Bethesda, MD 20814. by the number of requests received but Review: June 12, 2020. is likely to be about three minutes each. STATUS: Commission Meeting—Closed ADDRESSES: For the addresses for Questions from the public will not be to the Public. obtaining and submitting an considered during this period. Speakers MATTERS TO BE CONSIDERED: Compliance application, please refer to our Common who wish to expand upon their oral Matter: Staff will brief the Commission Instructions for Applicants to statements, those who had wished to on the status of a compliance program.* Department of Education Discretionary speak but could not be accommodated CONTACT PERSON FOR MORE INFORMATION: Grant Programs, published in the on the agenda, and those who were Alberta E. Mills, Secretary, Division of Federal Register on February 13, 2019 unable to participate are invited to the Secretariat, Office of the General (84 FR 3768), and available at submit written statements to ACEHR, Counsel, U.S. Consumer Product Safety www.govinfo.gov/content/pkg/FR–2019– National Institute of Standards and Commission, 4330 East West Highway, 02–13/pdf/2019–02206.pdf. Technology, Mail Stop 8604, 100 Bethesda, MD 20814, (301) 504–7479. FOR FURTHER INFORMATION CONTACT: Bureau Drive, Gaithersburg, MD 20899, * The Commission unanimously Sarah Allen, U.S. Department of via fax at (301) 975–4032, or determined by recorded vote that Education, 400 Maryland Avenue SW,

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room 5160, Potomac Center Plaza, settings. In addition, the expansion of professionals to access or complete, and Washington, DC 20202–5076. educational options 1 has also added to varied in content coverage (Bellamy & Telephone: (202) 245–7875. Email: special education administrators’ Iwaszuk, 2017). Like credentialing [email protected]. responsibilities to ensure that parents of programs, professional development If you use a telecommunications children with disabilities are programs that help administrators device for the deaf (TDD) or a text empowered to choose from a robust develop the knowledge, skills, and telephone (TTY), call the Federal Relay range of educational options and competencies needed for leadership Service (FRS), toll free, at 1–800–877– supports to identify those that best meet positions often are not available, thus 8339. their children’s needs. requiring State, regional, and local With the increasing demands placed SUPPLEMENTARY INFORMATION: administrators to learn on the job. on State, regional, and local In order to help meet the complex and Full Text of Announcement administrators, it is essential that they varied needs of children with I. Funding Opportunity Description have the knowledge, skills, and disabilities and their families, this competencies to oversee the priority will fund grants to State Purpose of Program: The purposes of administration of early intervention and educational agencies (SEAs) or lead this program are to (1) help address special education systems. However, the agencies for Part C to implement high- State-identified needs for personnel turnover rate of administrators and quality, sustainable leadership preparation in special education, early leaders across all levels of the system is development programs to recruit, intervention, related services, and high and increasing. In 2018, 70 percent increase the capacity of, and retain regular education to work with children, of State Directors of Special Education State, regional, and local leaders who including infants and toddlers, and had less than five years of experience, have the knowledge, skills, and youth with disabilities; and (2) ensure up from only 15 percent in 2010 (NCSI, competencies to improve systems that those personnel have the necessary 2018a). Similarly, 73 percent of Part C serving children with disabilities and skills and knowledge, derived from Coordinators had less than 5 years of their families. This priority is consistent practices that have been determined experience in 2018, up from 39 percent with Supplemental Priority 2— through scientifically based research, to in 2005 (NCSI, 2018b). Approximately Promoting Innovation and Efficiency, be successful in serving those children. 10 to 15 percent of local special Streamlining Education with an Priorities: This competition includes education administrator positions turn Increased Focus on Improving Student one absolute priority and one over each year (Goldring & Taie, 2018). Outcomes, and Providing Increased competitive preference priority. In Further, half of the States do not Value to Students and Taxpayers; accordance with 34 CFR 75.105(b)(2)(v), require a special education Supplemental Priority 5—Meeting the the absolute priority and competitive administration credential for local Unique Needs of Students and Children preference priority are from allowable special education administrators or With Disabilities and/or Those with activities specified in the statute (see specifically address the preparation of Unique Gifts and Talents; and sections 662 and 681 of the Individuals administrators in the personnel Supplemental Priority 8—Promoting with Disabilities Education Act (IDEA); preparation programs offered by Effective Instruction in Classrooms and 20 U.S.C. 1462 and 1481). institutions of higher education (IHEs) Schools. Absolute Priority: For FY 2020 and in their States (Boscardin et al., 2010). The projects must be awarded and any subsequent year in which we make Even when an administration credential operated in a manner consistent with awards from the list of unfunded is required, preparation programs are at nondiscrimination requirements applications from this competition, this times difficult to find, hard for working contained in the U.S. Constitution and priority is an absolute priority. Under 34 the Federal civil rights laws. CFR 75.105(c)(3), we consider only 1 For the purpose of this priority, ‘‘educational Priority: applications that meet this priority. options’’ means the opportunity for a child or The purpose of this priority is to fund student (or a family member on their behalf) to This priority is: grants to achieve, at a minimum, the Leadership Development Programs: create a high-quality personalized path for learning that is consistent with applicable Federal, State, following expected outcomes: Increasing the Capacity of Leaders to and local laws; is in an educational setting that best (a) Development, improvement, or Improve Systems Serving Children with meets the child’s or student’s needs; and, where expansion of a high-quality, sustainable Disabilities. possible, incorporates evidence-based activities, strategies, or interventions. Opportunities made leadership development program to Background: recruit, increase the capacity of, and State, regional, and local available to a student through a grant program are those that supplement what is provided by a child’s retain a network of leaders at the State, administrators in early intervention and or student’s geographically assigned school or the regional, or local level to improve special education serve a critical role in institution in which he or she is currently enrolled systems serving children with ensuring that infants, toddlers, children, and may include one or more of the following disabilities and their families; and youth with disabilities (children options: (1) Public educational programs or courses, including those offered by traditional public (b) Development, improvement, or with disabilities) are provided services schools, public charter schools, public magnet expansion of infrastructure and and supports to which they are entitled schools, public online education providers, or other implementation supports,2 public education providers; (2) Private or home- including under IDEA. Given the demands for but not limited to partnerships with leading within complex early based educational programs or courses, including those offered by private schools, private online relevant child-serving agencies and intervention and special education providers, private tutoring providers, community or diverse stakeholders (e.g., IHEs, parent systems and addressing current issues faith-based organizations, or other private education centers,3 State- and local-level across systems, administrators must providers; (3) Part-time coursework or career preparation, offered by a public or private provider have the skills to collaborate with other in person or through the internet or another form 2 For the purpose of this priority, agencies and programs. This of distance learning, that serves as a supplement to ‘‘implementation supports’’ means effective collaboration would help ensure that full-time enrollment at an educational institution, methods for changing practices, organizational children with disabilities are held to as a stand-alone program leading to a credential, or structure, and systems at all levels. as a supplement to education received in a 3 For the purpose of this priority, ‘‘parent centers’’ high standards and that their homeschool setting; and (4) Other educational refers to Parent Training and Information Centers individualized needs are met across services, including credit-recovery, accelerated and Community Parent Resource Centers funded by natural environments and educational learning, or tutoring. OSEP, which can be found at

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administrators, technical assistance options can be supported, and parents achieve its intended outcomes that providers) to deliver and sustain can be empowered to choose an depicts, at a minimum, the goals, leadership development programs; and education that best meets their activities, outputs, and intended (c) Increased number of early children’s needs; and outcomes of the proposed project; intervention and special education (2) Address the need for infrastructure (3) Use a conceptual framework (and leaders at the State, regional, or local and implementation supports, including provide a copy in Appendix A) to level with the knowledge, skills, and partnerships with relevant child-serving develop project plans and activities, competencies to improve systems agencies and diverse stakeholders, to describing any underlying concepts, serving children with disabilities and effectively develop, deliver, and sustain assumptions, expectations, beliefs, or their families. a leadership development program to theories, as well as the presumed To be considered for funding under recruit, increase the capacity of, and relationships or linkages among these this absolute priority, all applicants retain a network of leaders at the State, variables, and any empirical support for must meet the application requirements regional, or local level with the this framework; knowledge, skills, and competencies to contained in the priority. All projects Note: The following websites provide more funded under this absolute priority also improve systems serving children with information on logic models and conceptual must meet the programmatic and disabilities and their families. To meet frameworks: www.osepideasthatwork.org/ administrative requirements specified in this requirement, the applicant must— logicModel and www.osepideasthatwork.org/ the priority. (i) Present data, if applicable, on the resources-grantees/program-areas/ta-ta/tad- quality of existing leadership Note: The Office of Special Education project-logic-model-and-conceptual- Programs (OSEP) intends to fund projects development programs or personnel framework. preparation degree programs that that address leadership development (4) Develop, improve, or expand a programs for administrators supporting both prepare leaders to work in special education and early intervention administrative or leadership positions leadership development program or programs. OSEP may fund out of rank order in systems where children receive early programs to recruit, increase the high-quality applications to ensure that both intervention or special education capacity of, and retain a network of types of programs are funded. services, including the effectiveness of leaders at the State, regional, or local the program(s) at (a) increasing the level with the knowledge, skills, and Note: Applicants must demonstrate knowledge, skills, and competencies of competencies to improve systems matching support for the proposed project at program completers; and (b) retaining serving children with disabilities and 10 percent of the total amount of the grant their families. To establish the quality of as specified in paragraph (f)(1) of the program completers to work in requirements of this priority for an administrative or leadership positions the proposed leadership development application to be reviewed and be considered in systems where children receive early program, the applicant must include— eligible to receive an award. intervention or special education (i) Its proposed plan for partnering with diverse stakeholders to develop, To meet the requirements of this services; and improve, or expand a leadership priority, an applicant must— (ii) Present information on the current (a) Demonstrate, in the narrative capacity of the State, regional, or local development program to recruit, section of the application under systems to recruit, increase the capacity increase the capacity of, and retain a ‘‘Significance,’’ how the proposed of, and retain leaders, including network of leaders at the State, regional, project will— programs IHEs offer to credential or or local level to improve systems (1) Address the need for early otherwise prepare early intervention serving children with disabilities and intervention or special education and special education administrators, their families. The stakeholders must leaders at the State, regional, or local and the likely magnitude or importance include, at a minimum, representatives level with the knowledge, skills, and of developing a network of leaders with specifically identified from IHEs. competencies to improve systems the capacity to improve systems serving Stakeholders must be involved as serving children with disabilities and children with disabilities. decision makers in how the leadership their families. To meet this requirement, (b) Demonstrate, in the narrative development program is developed, the applicant must— section of the application under improved, or expanded, and serve as (i) Present applicable data ‘‘Quality of project services,’’ how the partners in delivering and evaluating demonstrating the need to increase the proposed project will— the program; (1) Ensure equal access and treatment number of early intervention or special (ii) The intended participants of the for members of groups that have education leaders with the knowledge, leadership development program; traditionally been underrepresented skills, and competencies to improve (iii) Its proposed approach for based on race, color, national origin, systems serving children with developing or improving the content gender, age, or disability; and delivery of the leadership disabilities and their families; (2) Achieve its goals, objectives, and (ii) Identify the knowledge, skills, and development program. To meet this intended outcomes. To meet this competencies that early intervention or requirement the applicant must requirement, the applicant must special education leaders need to describe— provide— improve systems serving children with (A) The knowledge, skills, and (i) Measurable intended project competencies that participants will gain disabilities and their families; and outcomes; and (iii) Identify current educational 4 by completing the leadership (ii) In Appendix A, the logic model development program. At a minimum, issues and policy initiatives at the by which the proposed project will Federal, State, regional, and local levels the applicant must ensure that participants demonstrate knowledge, that early intervention or special 4 ‘‘Logic model’’ (as defined in 34 CFR 77.1) (also education leaders need to understand, referred to as a theory of action) means a framework skills, and competencies in the including how innovation and the that identifies key project components of the following areas: State’s efforts to expand educational proposed project (i.e., the active ‘‘ingredients’’ that (1) Federal laws, State laws, and State are hypothesized to be critical to achieving the policies, procedures, and initiatives that relevant outcomes) and describes the theoretical www.parentcenterhub.org/the-parent-center- and operational relationships among the key project impact children with disabilities and network/. components and relevant outcomes. their families;

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(2) Educational options for children networking opportunities, and support (B) Criteria that will be used to select with disabilities and how to support following completion of the program, candidates for participation in the State’s efforts to empower parents to including opportunities to interact with leadership development programs choose from a robust range of peers who completed the program; and offered, the number of cohorts that will educational options and supports to (3) How the proposed leadership complete the leadership development identify those that best meet their development program is aligned to State program, and the number of participants children’s needs; standards for administrators or meets that the applicant proposes will (3) Evidence-based 5 practices to appropriate national professional complete program requirements within improve academic, learning, and organization standards for each cohort during the project period; developmental outcomes for children administrators or leaders; and with disabilities, including (5) Implement and sustain the (iii) Strategies for supporting and differentiating interventions and leadership development program to retaining participants to complete the instruction across multi-tiered systems recruit, increase the capacity of, and leadership development program and of support; retain a network of leaders at the State, use the knowledge, skills, and (4) Partnering with parents, families, regional, or local level with the competencies learned following their and diverse stakeholders to improve knowledge, skills, and competencies to completion of the program to identify, systems; improve systems serving children with implement, and evaluate evidence- (5) Systems change, implementation disabilities and their families. To meet based practices to improve systems science, and professional development this requirement, the applicant must serving children with disabilities;(iv) methods to promote the implementation describe its proposed approach to— Strategies to fund, manage, and sustain of evidence-based practices and use of (i) Ensuring the infrastructure and the leadership development program, data-based decision making; and implementation supports necessary to and retain a network of leaders at the (6) Leadership practices (e.g., effectively build, deliver, and sustain State, regional, or local level once organizational visioning, collaborative the proposed leadership development Federal support ends; and decision making, communication and program and to retain individuals who (6) Use technology, as appropriate, to conflict management, relationship complete the leadership development support participants in achieving the building); program as a network of leaders at the outcomes of the proposed project, (B) The current research and State, regional, or local level able to enhance the efficiency of the project, evidence-based practices that will guide improve systems serving children with collaborate with partners, provide the the development of the content and disabilities and their families. The leadership development, mentoring, delivery of the leadership development application must include the proposed ongoing coaching, and performance program, including but not limited to approach to partnering with relevant feedback to participants, and support evidence-based professional child-serving agencies and diverse collaboration among the participants development practices for adult learners stakeholders to deliver and sustain the once they complete the program. leadership development program, to and resources developed by projects (c) Demonstrate, in the narrative retain a network of leaders, and to funded by the Departments of Education section of the application under develop agreements with relevant child- and Health and Human Services; ‘‘Quality of the project evaluation,’’ serving agencies and diverse (C) How the proposed leadership how— stakeholders that outline development program is of sufficient (1) The applicant will use responsibilities, sharing of resources, quality, intensity, and duration to comprehensive and appropriate and decision-making and prepare a network of leaders with the methodologies to evaluate how well the communication processes. The identified knowledge, skills, and goals or objectives of the proposed application must include, at a competencies needed to improve project have been met, including the minimum, representatives specifically systems serving children with project processes and intended identified from IHEs as part of its disabilities and their families. To meet outcomes. The applicant must describe ongoing project leadership or this requirement, the applicant must performance measures for the project stakeholder group that will build, describe— that include participants’ acquisition of manage, deliver, evaluate, and sustain (1) The components of the leadership knowledge, skills, and competencies the infrastructure and implementation development program, which must and for the retention of program of the proposed program; completers in administrative and include, but are not limited to, face-to- (ii) Its proposed approach to recruit face activities, applied projects, peer leadership positions; participants for the leadership (2) The applicant will collect, analyze, interactions and collaboration development program; ensure equal and use data related to specific and opportunities, mentoring support, and access and treatment for eligible measurable goals, objectives, and ongoing coaching, and how these participants who are members of groups intended outcomes of the project. To components are sequenced; that have traditionally been meet this requirement, the applicant (2) How participants in the leadership underrepresented based on race, color, must describe how— development program will be provided national origin, gender, age, or (i) Participants’ knowledge, skills, and with mentoring, ongoing coaching and disability; and retain the participants competencies and other project performance feedback during the once in the program. To meet this processes and outcomes will be program, and ongoing coaching, requirement, the applicant must measured for formative evaluation describe— purposes, including proposed 5 For the purposes of this priority, ‘‘evidence- based’’ means the proposed project component is (A) Recruitment strategies that will be instruments, data collection methods, supported, at a minimum, by evidence that used to attract participants and specific and possible analyses; and ‘‘demonstrates a rationale.’’ Evidence that recruitment strategies that will be used (ii) It will collect and analyze data on ‘‘demonstrates a rationale’’ (as defined in 34 CFR to reach potential participants from the quality of the leadership 77.1) means a key project component included in development programs offered; the the project’s logic model is informed by research or traditionally underrepresented groups, evaluation findings that suggest the project including individuals with disabilities; infrastructure and implementation component is likely to improve relevant outcomes. and supports in place to deliver the

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program; the capacity of the State to and services are of high quality, preference priority. Under 34 CFR retain a network of leaders at the State, relevant, and useful to recipients; and 75.105(c)(2)(i), we award up to an regional, or local level; and the fidelity (4) The proposed project will benefit additional 5 points to an application, and impact of its implementation; from a diversity of perspectives, depending on how well the application (3) The methods of evaluation will including those of families, educators, meets the competitive preference produce quantitative and qualitative faculty, technical assistance and priority. data for objective performance measures professional development providers, This priority is: that are related to the intended researchers, and policymakers, among Matching Support (Up to 5 points). outcomes of the proposed project; and others, in its development and An application that demonstrates (4) The methods of evaluation will operation. matching support for the proposed provide performance feedback and (f) Address the following application project at— allow for periodic assessment of requirements. The applicant must— (a) 20 percent of the requested Federal progress towards meeting the project (1) Demonstrate, in the budget award (1 point); outcomes. To meet this requirement, the information (ED Form 524, Section B) (b) 40 percent of the total amount of applicant must describe how— and budget narrative, matching support the requested Federal award (2 points); (i) Results of the evaluation will be for the proposed project at 10 percent of (c) 60 percent of the total amount of used as a basis for improving the the total amount of the grant; the requested Federal award (3 points); proposed project; Note: Matching support can be either cash (d) 80 percent of the total amount of (ii) It will report the evaluation results or in-kind donations. Under 2 CFR 200.306, the requested Federal award (4 points); to OSEP in its annual and final a cash expenditure or outlay of cash with or performance reports; and respect to the matching budget by the grantee (e) 100 percent of the total amount of (iii) Performance information (e.g., is considered a cash contribution. However, the requested Federal award (5 points). annual progress toward program goals) certain cash contributions that the Applicants must address this will be made publicly available on the organization normally considers an indirect competitive preference priority in the project or State’s website. cost should not be counted as a direct cost budget information (ED Form 524, (d) Demonstrate, in the narrative for the purposes of meeting matching Section B) and budget narrative. section of the application under support. Specifically, in accordance with 2 ‘‘Adequacy of resources and quality of CFR 200.306(c), unrecovered indirect costs References project personnel,’’ how— cannot be used to meet the non-Federal (1) The proposed project will matching support. Under 2 CFR 200.434, Bellamy, T., & Iwaszuk, W. (2017, October). third-party in-kind contributions are services encourage applications for employment Responding to the need for new local or property (e.g., land, buildings, equipment, special education administrators: A case from persons who are members of materials, supplies) that are contributed by a study. CEEDAR Center. http:// groups that have traditionally been non-Federal third party at no charge to the ceedar.education.ufl.edu/wp-content/ underrepresented based on race, color, grantee. uploads/2017/12/Responding-to-the- national origin, gender, age, or (2) Include, in Appendix A, Need-for-Local-SPED-Admin-Oct- disability, as appropriate; personnel-loading charts and timelines, 2017.pdf. (2) The proposed key project Boscardin, M.L., Weir, K., & Kusek, C. (2010). as applicable, to illustrate the personnel, consultants, and A national study of State credentialing management plan described in the subcontractors have the qualifications requirements for administrators of and experience to carry out the narrative; special education. Journal of Special (3) If the project maintains a website, proposed activities and achieve the Education Leadership, 23(2), 61–75. include relevant information about the Goldring, R., & Taie, S. (2018). Principal project’s intended outcomes; revised program and documents in a attrition and mobility: Results from the (3) The applicant and any key 2016–17 principal follow-up survey first partners have adequate resources to form that meets government or industry recognized standards of accessibility; look (NCES 2018–066). U.S. Department carry out the proposed activities; and of Education, National Center for (4) The proposed costs are reasonable (4) Ensure that annual progress toward meeting project goals is posted Education Statistics. https://nces.ed.gov/ in relation to the anticipated results and pubsearch. benefits. on the project website; National Center for Systemic Improvement (e) Demonstrate, in the narrative (5) Provide an assurance that the (NCSI). (2018a). Leadership turnover: section of the application under project director, key personnel, and The impact on State special education ‘‘Quality of the management plan,’’ representatives from partner agencies systems. https://ncsi-library.wested.org/ how— will actively participate in the cross- resources/250. (1) The proposed management plan project collaboration and learning National Center for Systemic Improvement will ensure that the project’s intended opportunities (e.g., webinars, briefings) (NCSI). (2018b). Leadership turnover: outcomes will be achieved on time and organized by OSEP. This cross-project The impact on State early intervention collaboration will be used to increase systems. https://ncsi-library.wested.org/ within budget. To meet this resources/200. requirement, the applicant must capacity of participants, share resources, describe— increase the impact of funding, and Waiver of Proposed Rulemaking: (i) Clearly defined responsibilities for promote innovative leadership Under the Administrative Procedure Act key project personnel, consultants, and development models across projects; (APA) (5 U.S.C. 553) the Department subcontractors, as applicable; and and generally offers interested parties the (ii) Timelines and milestones for (6) Include, in the budget, attendance opportunity to comment on proposed accomplishing the project tasks; at a two- and one-half day project priorities. Section 681(d) of IDEA, (2) Key project personnel and any directors’ conference in Washington, however, makes the public comment consultants and subcontractors will be DC, during each year of the project requirements of the APA inapplicable to allocated and how these allocations are period. the priority in this notice. appropriate and adequate to achieve the Competitive Preference Priority: Program Authority: 20 U.S.C. 1462 project’s intended outcomes; Within this absolute priority, we give and 1481. (3) The proposed management plan competitive preference to applications Applicable Regulations: (a) The will ensure that the project’s products that address the following competitive Education Department General

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Administrative Regulations in 34 CFR relating to the absolute priority, involve recommended page limit does apply to parts 75, 77, 79, 81, 82, 84, 86, 97, 98, individuals with disabilities, or parents all of the application narrative, and 99. (b) The Office of Management of individuals with disabilities ages including all text in charts, tables, and Budget Guidelines to Agencies on birth through 26, in planning, figures, graphs, and screen shots. Governmentwide Debarment and implementing, and evaluating the V. Application Review Information Suspension (Nonprocurement) in 2 CFR project (see section 682(a)(1)(A) of part 180, as adopted and amended as IDEA; 20 U.S.C. 1482). 1. Selection Criteria: The selection regulations of the Department in 2 CFR criteria for this competition are from 34 IV. Application and Submission part 3485. (c) The Uniform CFR 75.210 and are as follows: Information Administrative Requirements, Cost (a) Significance (10 points). Principles, and Audit Requirements for 1. Application Submission (1) The Secretary considers the Federal Awards in 2 CFR part 200, as Instructions: Applicants are required to significance of the proposed project. (2) In determining the significance of adopted and amended as regulations of follow the Common Instructions for the proposed project, the Secretary the Department in 2 CFR part 3474. (d) Applicants to Department of Education Discretionary Grant Programs, considers the following factors: The regulations for this program in 34 (i) The extent to which specific gaps CFR part 304. published in the Federal Register on February 13, 2019 (84 FR 3768), and or weaknesses in services, Note: The regulations in 34 CFR part 86 available at www.govinfo.gov/content/ infrastructure, or opportunities have apply to IHEs only. been identified and will be addressed by pkg/FR-2019-02-13/pdf/2019-02206.pdf, the proposed project, including the which contain requirements and II. Award Information nature and magnitude of those gaps or information on how to submit an Type of Award: Discretionary grants. weaknesses; and application. (ii) The importance or magnitude of Estimated Available Funds: 2. Intergovernmental Review: This the results or outcomes likely to be $1,600,000. competition is subject to Executive attained by the proposed project, Contingent upon the availability of Order 12372 and the regulations in 34 especially improvements in teaching funds and the quality of applications, CFR part 79. Information about and student achievement. we may make additional awards in FY Intergovernmental Review of Federal 2021 from the list of unfunded (b) Quality of project services (35 Programs under Executive Order 12372 points). applications from this competition. is in the application package for this Estimated Range of Awards: $175,000 (1) The Secretary considers the competition. quality of the services to be provided by to $200,000. 3. Funding Restrictions: We reference Estimated Average Size of Awards: the proposed project. regulations outlining funding $200,000. (2) In determining the quality of the restrictions in the Applicable Maximum Award: We will not make services to be provided by the proposed Regulations section of this notice. an award exceeding $200,000 for a project, the Secretary considers the 4. Recommended Page Limit: The quality and sufficiency of strategies for project period of 12 months. application narrative (Part III of the Note: Applicants must describe, in ensuring equal access and treatment for application) is where you, the applicant, their applications, the amount of eligible project participants who are address the selection criteria that funding being requested for each 12- members of groups that have reviewers use to evaluate your month budget period. traditionally been underrepresented Estimated Number of Awards: 8. application. We recommend that you (1) based on race, color, national origin, Project Period: Up to 60 months. limit the application narrative to no gender, age, or disability. more than 50 pages and (2) use the (3) In addition, the Secretary Note: The Department is not bound by any following standards: estimates in this notice. considers the following factors: • A ‘‘page’’ is 8.5″ x 11″, on one side (i) The extent to which the goals, only, with 1″ margins at the top, bottom, III. Eligibility Information objectives, and outcomes to be achieved and both sides. by the proposed project are clearly • 1. Eligible Applicants: SEAs or Part C Double-space (no more than three specified and measurable; lead agencies. lines per vertical inch) all text in the (ii) The extent to which the services 2. Cost Sharing or Matching: Cost application narrative, including titles, to be provided by the proposed project sharing or matching is required for this headings, footnotes, quotations, reflect up-to-date knowledge from competition. reference citations, and captions, as well research and effective practice; 3. Subgrantees: A grantee under this as all text in charts, tables, figures, (iii) The extent to which the training competition may not award subgrants to graphs, and screen shots. or professional development services to entities to directly carry out project • Use a font that is 12 point or larger. be provided by the proposed project are activities described in its application. • Use one of the following fonts: of sufficient quality, intensity, and Under 34 CFR 75.708(e), a grantee may Times New Roman, Courier, Courier duration to lead to improvements in contract for supplies, equipment, and New, or Arial. practice among the recipients of those other services in accordance with 2 CFR The recommended page limit does not services; part 200. apply to Part I, the cover sheet; Part II, (iv) The extent to which the services 4. Other General Requirements: (a) the budget section, including the to be provided by the proposed project Recipients of funding under this narrative budget justification; Part IV, involve the collaboration of appropriate competition must make positive efforts the assurances and certifications; or the partners for maximizing the to employ and advance in employment abstract (follow the guidance provided effectiveness of project services; and qualified individuals with disabilities in the application package for (v) The extent to which the proposed (see section 606 of IDEA; 20 U.S.C. completing the abstract), the table of activities constitute a coherent, 1405). contents, the list of priority sustained program of training in the (b) Applicants for, and recipients of, requirements, the resumes, the reference field. funding must, with respect to the list, the letters of support, or the (c) Quality of the project evaluation aspects of their proposed project appendices. However, the (20 points).

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(1) The Secretary considers the milestones for accomplishing project discretionary grant competitions for quality of the evaluation to be tasks; which they also have submitted conducted of the proposed project. (ii) The extent to which the time applications. (2) In determining the quality of the commitments of the project director and 4. Risk Assessment and Specific evaluation, the Secretary considers the principal investigator and other key Conditions: Consistent with 2 CFR following factors: project personnel are appropriate and 200.205, before awarding grants under (i) The extent to which the methods adequate to meet the objectives of the this competition the Department of evaluation are thorough, feasible, and proposed project; conducts a review of the risks posed by appropriate to the goals, objectives, and (iii) The adequacy of mechanisms for applicants. Under 2 CFR 3474.10, the outcomes of the proposed project; ensuring high-quality products and Secretary may impose specific (ii) The extent to which the goals, services from the proposed project; and conditions and, in appropriate objectives, and outcomes to be achieved (iv) How the applicant will ensure circumstances, high-risk conditions on a by the proposed project are clearly that a diversity of perspectives are grant if the applicant or grantee is not specified and measurable; brought to bear in the operation of the financially stable; has a history of (iii) The extent to which the methods proposed project, including those of unsatisfactory performance; has a of evaluation include the use of parents, teachers, the business financial or other management system objective performance measures that are community, a variety of disciplinary that does not meet the standards in 2 clearly related to the intended outcomes and professional fields, recipients or CFR part 200, subpart D; has not of the project and will produce beneficiaries of services, or others, as fulfilled the conditions of a prior grant; quantitative and qualitative data to the appropriate. or is otherwise not responsible. extent possible; and 2. Review and Selection Process: We 5. Integrity and Performance System: (iv) The extent to which the methods remind potential applicants that in If you are selected under this of evaluation will provide performance reviewing applications in any competition to receive an award that feedback and permit periodic discretionary grant competition, the over the course of the project period assessment of progress toward achieving Secretary may consider, under 34 CFR may exceed the simplified acquisition intended outcomes. 75.217(d)(3), the past performance of the threshold (currently $250,000), under 2 (d) Adequacy of resources and quality applicant in carrying out a previous CFR 200.205(a)(2) we must make a of project personnel (15 points). award, such as the applicant’s use of judgment about your integrity, business (1) The Secretary considers the funds, achievement of project ethics, and record of performance under adequacy of resources and quality of objectives, and compliance with grant Federal awards—that is, the risk posed project personnel for the proposed conditions. The Secretary may also by you as an applicant—before we make project. consider whether the applicant failed to an award. In doing so, we must consider (2) In determining the quality of submit a timely performance report or any information about you that is in the project personnel, the Secretary submitted a report of unacceptable integrity and performance system considers the extent to which the quality. (currently referred to as the Federal applicant encourages applications for In addition, in making a competitive Awardee Performance and Integrity employment from persons who are grant award, the Secretary requires Information System (FAPIIS)), members of groups that have various assurances, including those accessible through the System for traditionally been underrepresented applicable to Federal civil rights laws Award Management. You may review based on race, color, national origin, that prohibit discrimination in programs and comment on any information about gender, age, or disability. or activities receiving Federal financial yourself that a Federal agency (3) In addition, the Secretary assistance from the Department (34 CFR previously entered and that is currently considers the following factors: 100.4, 104.5, 106.4, 108.8, and 110.23). in FAPIIS. (i) The qualifications, including 3. Additional Review and Selection Please note that, if the total value of relevant training and experience, of key Process Factors: In the past, the your currently active grants, cooperative project personnel; Department has had difficulty finding agreements, and procurement contracts (ii) The adequacy of support, peer reviewers for certain competitions from the Federal Government exceeds including facilities, equipment, because so many individuals who are $10,000,000, the reporting requirements supplies, and other resources, from the eligible to serve as peer reviewers have in 2 CFR part 200, Appendix XII, applicant organization or the lead conflicts of interest. The standing panel require you to report certain integrity applicant organization; and requirements under section 682(b) of information to FAPIIS semiannually. (iii) The extent to which the costs are IDEA also have placed additional Please review the requirements in 2 CFR reasonable in relation to the objectives, constraints on the availability of part 200, Appendix XII, if this grant design, and potential significance of the reviewers. Therefore, the Department plus all the other Federal funds you proposed project. has determined that for some receive exceed $10,000,000. (e) Quality of the management plan discretionary grant competitions, (20 points). applications may be separated into two VI. Award Administration Information (1) The Secretary considers the or more groups and ranked and selected 1. Award Notices: If your application quality of the management plan for the for funding within specific groups. This is successful, we notify your U.S. proposed project. procedure will make it easier for the Representative and U.S. Senators and (2) In determining the quality of the Department to find peer reviewers by send you a Grant Award Notification management plan for the proposed ensuring that greater numbers of (GAN); or we may send you an email project, the Secretary considers the individuals who are eligible to serve as containing a link to access an electronic following factors: reviewers for any particular group of version of your GAN. We may notify (i) The adequacy of the management applicants will not have conflicts of you informally, also. plan to achieve the objectives of the interest. It also will increase the quality, If your application is not evaluated or proposed project on time and within independence, and fairness of the not selected for funding, we notify you. budget, including clearly defined review process, while permitting panel 2. Administrative and National Policy responsibilities, timelines, and members to review applications under Requirements: We identify

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administrative and national policy 5. Performance Measures: Under the VII. Other Information requirements in the application package Government Performance Results Accessible Format: Individuals with and reference these and other Modernization Act of 2010, the disabilities can obtain this document requirements in the Applicable Department has established a set of and a copy of the application package in Regulations section of this notice. performance measures, including long- an accessible format (e.g., Braille, large We reference the regulations outlining term measures, that are designed to print, audiotape, or compact disc) on the terms and conditions of an award in yield information on the quality of the request to the program contact person the Applicable Regulations section of Personnel Development to Improve listed under FOR FURTHER INFORMATION this notice and include these and other Services and Results for Children with CONTACT. specific conditions in the GAN. The Disabilities program. These measures Electronic Access to This Document: GAN also incorporates your approved include: (1) The percentage of The official version of this document is application as part of your binding preparation programs that incorporate the document published in the Federal commitments under the grant. scientifically or evidence-based Register. You may access the official 3. Open Licensing Requirements: practices into their curricula; (2) the edition of the Federal Register and the Unless an exception applies, if you are percentage of scholars completing Code of Federal Regulations at awarded a grant under this competition, preparation programs who are www.govinfo.gov. At this site you can you will be required to openly license knowledgeable and skilled in evidence- view this document, as well as all other to the public grant deliverables created based practices that improve outcomes documents of this Department in whole, or in part, with Department for children with disabilities; (3) the published in the Federal Register, in grant funds. When the deliverable percentage of scholars who exit text or Portable Document Format consists of modifications to pre-existing preparation programs prior to (PDF). To use PDF you must have works, the license extends only to those completion due to poor academic Adobe Acrobat Reader, which is modifications that can be separately performance; (4) the percentage of available free at the site. identified and only to the extent that scholars completing preparation You may also access documents of the open licensing is permitted under the programs who are working in the area(s) Department published in the Federal terms of any licenses or other legal in which they were prepared upon Register by using the article search restrictions on the use of pre-existing program completion; and (5) the Federal feature at www.federalregister.gov. works. Additionally, a grantee that is cost per scholar who completed the Specifically, through the advanced awarded competitive grant funds must preparation program. search feature at this site, you can limit have a plan to disseminate these public In addition, the Department will your search to documents published by grant deliverables. This dissemination gather information on the following the Department. plan can be developed and submitted outcome measures: (1) The percentage after your application has been of scholars who completed the Mark Schultz, reviewed and selected for funding. For preparation program and are employed Delegated the authority to perform the additional information on the open in high-need districts; (2) the percentage functions and duties of the Assistant licensing requirements please refer to 2 of scholars who completed the Secretary for the Office of Special Education CFR 3474.20. preparation program and are employed and Rehabilitative Services. 4. Reporting: (a) If you apply for a in the field of special education for at [FR Doc. 2020–02857 Filed 2–12–20; 8:45 am] grant under this competition, you must least two years; and (3) the percentage BILLING CODE 4000–01–P ensure that you have in place the of scholars who completed the necessary processes and systems to preparation program and who are rated DEPARTMENT OF EDUCATION comply with the reporting requirements effective by their employers. in 2 CFR part 170 should you receive Grantees may be asked to participate Applications for New Awards; funding under the competition. This in assessing and providing information Opportunity Scholarship Program does not apply if you have an exception on these aspects of program quality. under 2 CFR 170.110(b). 6. Continuation Awards: In making a AGENCY: Office of Elementary and (b) At the end of your project period, continuation award under 34 CFR Secondary Education, Department of you must submit a final performance 75.253, the Secretary considers, among Education. report, including financial information, other things: whether a grantee has ACTION: Notice. as directed by the Secretary. If you made substantial progress in achieving receive a multiyear award, you must the goals and objectives of the project; SUMMARY: The Department of Education submit an annual performance report whether the grantee has expended funds (Department) is issuing a notice inviting that provides the most current in a manner that is consistent with its applications for fiscal year (FY) 2020 for performance and financial expenditure approved application and budget; and, the District of Columbia Opportunity information as directed by the Secretary if the Secretary has established Scholarship Program (OSP), Catalog of under 34 CFR 75.118. The Secretary performance measurement Federal Domestic Assistance (CFDA) may also require more frequent requirements, the performance targets in number 84.370A. This notice relates to performance reports under 34 CFR the grantee’s approved application. the approved information collection 75.720(c). For specific requirements on In making a continuation award, the under OMB control number 1855–0015. reporting, please go to www.ed.gov/ Secretary also considers whether the Applications Available: February 13, fund/grant/apply/appforms/ grantee is operating in compliance with 2020. appforms.html. the assurances in its approved Deadline for Transmittal of (c) Under 34 CFR 75.250(b), the application, including those applicable Applications: March 30, 2020. Secretary may provide a grantee with to Federal civil rights laws that prohibit Deadline for Intergovernmental additional funding for data collection discrimination in programs or activities Review: May 28, 2020. analysis and reporting. In this case the receiving Federal financial assistance ADDRESSES: For the addresses for Secretary establishes a data collection from the Department (34 CFR 100.4, obtaining and submitting an period. 104.5, 106.4, 108.8, and 110.23). application, please refer to our Common

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Instructions for Applicants to with the other entities that conduct visits by the entity as determined to be Department of Education Discretionary activities related to this program. necessary by the entity; Grant Programs, published in the The Consolidated Appropriations Act, (10) How the entity will ensure that Federal Register on February 13, 2019 2020, provides that up to $1,200,000 of participating schools are financially (84 FR 3768) and available at the grant may be used for the responsible and will use the funds www.govinfo.gov/content/pkg/FR-2019- combination of administrative expenses, received under section 3007 of the 02-13/pdf/2019-02206.pdf. parental assistance, and student SOAR Act effectively; FOR FURTHER INFORMATION CONTACT: Beth academic assistance, notwithstanding (11) How the entity will ensure the Yeh, U.S. Department of Education, 400 the allowances specified in the SOAR financial viability of participating Maryland Avenue SW, Room 3E335, Act. Conducting outreach to parents to schools in which 85 percent or more of Washington, DC 20202–5960. raise awareness of the educational the total number of students enrolled at Telephone: (202) 205–5798. Email: options available to their children is an the school are participating eligible [email protected]. important priority of this program and students that receive and use an If you use a telecommunications is consistent with the Secretary’s opportunity scholarship; device for the deaf (TDD) or a text Supplemental Priority 1—Empowering (12) How the entity will address the telephone (TTY), call the Federal Relay Families and Individuals to Choose a renewal of scholarships to participating Service (FRS), toll free, at 1–800–877– High-Quality Education that Meets eligible students, including continued 8339. Their Unique Needs. eligibility; SUPPLEMENTARY INFORMATION: Application Requirements: The (13) How the entity will ensure that following requirements are from section a majority of its voting board members Full Text of Announcement 3005(b) of the SOAR Act and apply to or governing organization are residents I. Funding Opportunity Description all applications submitted by eligible of District of Columbia; entities under this competition. Each (14) How that the entity will ensure Purpose of Program: The purpose of entity’s application must include a the OSP is to provide low-income that it will comply with all requests detailed description of— regarding any evaluation carried out parents residing in the District of (1) How the entity will address the Columbia, particularly parents of under section 3009(a) of the SOAR Act; priorities described in section 3006 of and students who attend an elementary the SOAR Act; school or secondary school identified as (15) How the eligible entity will (2) How the entity will ensure that if ensure that it utilizes internal fiscal and one of the lowest-performing schools more eligible students seek admission in under the District of Columbia’s quality controls and complies with the program of the entity than the applicable financial reporting accountability system, with expanded program can accommodate, eligible opportunities for enrolling their requirements. students are selected for admission In addition to the statutory children in private schools in the through a random selection process District of Columbia. application requirements, we encourage which gives weight to the priorities applicants to include a description of (1) Background: The OSP was established described in section 3006 of the SOAR in 2004 under the DC School Choice how they will provide information to Act; parents on the Individuals with Incentive Act of 2003 (School Choice (3) How the entity will ensure that if Disabilities Education Act (20 U.S.C. Incentive Act) (Title III of Division C of more participating eligible students seek 1400 et seq.) provisions that do or do the Consolidated Appropriations Act, admission to a participating school than not apply when a student with a 2004; Pub. L. 108–199; 118 Stat. 126– the school can accommodate, disability is moved from a public school 188 Stat. 134 (2004)). In 2011, Congress participating eligible students are to a private school by their parents and authorized the OSP under the selected for admission through a (2) if applicable, how they intend to Scholarships for Opportunity and random selection process; Results (SOAR) Act of 2011, Pub. L. (4) How the entity will notify parents spend funds reserved for administrative 112–10, 125 Stat. 199–125 Stat. 212 of eligible students of the expanded expenses, parental assistance and (2011). In 2017, Congress reauthorized choice opportunities in order to allow student academic assistance. the OSP under the SOAR Act (Division the parents to make informed decisions; Definitions: The definitions for C of Pub. L. 112–10, as amended by Pub. (5) The activities that the entity will ‘‘Elementary school,’’ ‘‘Parent,’’ and L. 115–31; DC Code 38–1853.01–.14). carry out to provide parents of eligible ‘‘Secondary school’’ are from section For FY 2020, the Department will students with expanded choice 3013 of the SOAR Act. The definition award one grant to an eligible entity to opportunities through the awarding of for ‘‘nonprofit’’ is from 34 CFR 77.1(c). administer the OSP. The grant will be scholarships under section 3007(a) of Elementary school means an awarded in the form of a cooperative the SOAR Act; institutional day or residential school, agreement between the Department and (6) How the entity will determine the including a public elementary charter the grantee. An applicant is expected to amount that will be provided to parents school, that provides elementary explain in its application, among other under section 3007(a)(2) of the SOAR education, as determined under District things, how it would do the following: Act for the payment of tuition, fees, and of Columbia law. (1) Recruit and select eligible transportation expenses, if any; Nonprofit, as applied to an agency, scholarship applicants in years that (7) How the entity will seek out organization, or institution, means that scholarships are awarded; (2) serve private elementary schools and it is owned and operated by one or more scholarship students and families in a secondary schools in District of corporations or associations whose net timely manner; (3) identify and work Columbia to participate in the program; earnings do not benefit, and cannot with participating schools; (4) monitor (8) How the entity will ensure that lawfully benefit, any private compliance of participating schools each participating school will meet the shareholder or entity. with program and reporting reporting and other program Parent includes a legal guardian or requirements; (5) maintain reliable data requirements under the SOAR Act; other person standing in loco parentis regarding the operation of the program; (9) How the entity will ensure that (such as a grandparent or stepparent and (6) ensure appropriate coordination participating schools submit to site with whom the child lives, or a person

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who is legally responsible for the child’s that may be proposed in applications for maximum score for each criterion is welfare). the OSP competition, your application indicated in parentheses. Each criterion Secondary school means an may include business information that also includes the factors that reviewers institutional day or residential school, you consider proprietary. In 34 CFR will consider in determining the extent including a public secondary charter 5.11 we define ‘‘business information’’ to which an applicant meets the school, that provides secondary and describe the process we use in criterion. In addressing each criterion, education, as determined under District determining whether any of that applicants are encouraged to make of Columbia law, except that the term information is proprietary and, thus, explicit connections to relevant aspects does not include any education beyond protected from disclosure under of responses to other selection criteria. grade 12. Exemption 4 of the Freedom of (a) Quality of project services (20 Program Authority: SOAR Act Information Act (5 U.S.C. 552, as points). (Division C of Pub. L. 112–10, as amended). (1) The Secretary considers the amended by Pub. L. 115–31; DC Code Because we plan to make successful quality of the services to be provided by 38–1853.01–.14). applications available to the public, you the proposed project. Applicable Regulations: (a) The may wish to request confidentiality of (2) In determining the quality of the Education Department General business information. services to be provided by the proposed Administrative Regulations in 34 CFR Consistent with Executive Order project, the Secretary considers the parts 75, 77, 79, 81, 82, 84, 97, 98, and 12600, please designate in your quality and sufficiency of strategies for 99. (b) The Office of Management and application any information that you ensuring equal access and treatment for Budget Guidelines to Agencies on believe is exempt from disclosure under eligible project participants who are Government wide Debarment and Exemption 4. In the appropriate members of groups that have Suspension (Nonprocurement) in 2 CFR Appendix section of your application, traditionally been underrepresented part 180, as adopted and amended as under ‘‘Other Attachments Form,’’ based on race, color, national origin, regulations of the Department in 2 CFR please list the page number or numbers gender, age, or disability. part 3485. (c) The Uniform on which we can find this information. (3) In addition, the Secretary Administrative Requirements, Cost For additional information please see 34 considers the extent to which the Principles, and Audit Requirements for CFR 5.11(c). services to be provided by the proposed Federal Awards in 2 CFR part 200, as 3. Intergovernmental Review: This project are appropriate to the needs of adopted and amended as regulations of competition is subject to Executive the intended recipients or beneficiaries the Department in 2 CFR part 3474. Order 12372 and the regulations in 34 of those services. (b) Quality of project personnel (25 CFR part 79. Information about II. Award Information points). Intergovernmental Review of Federal Type of Award: Cooperative (1) The Secretary considers the Programs under Executive Order 12372 agreement. quality of the personnel who will carry Estimated Available Funds: is in the application package for this out the proposed project. $17,000,000. competition. (2) In determining the quality of Estimated Number of Awards: 1. 4. Funding Restrictions: We reference project personnel, the Secretary Note: The Department is not bound by regulations outlining funding considers the extent to which the any estimates in this notice. restrictions in the Applicable applicant encourages applications for Project Period: Up to 60 months. Regulations section of this notice. employment from persons who are 5. Recommended Page Limit: The III. Eligibility Information members of groups that have application narrative is where you, the traditionally been underrepresented 1. Eligible Applicants: To be eligible applicant, address the selection criteria based on race, color, national origin, for an OSP grant, an entity must be that reviewers use to evaluate your gender, age, or disability. either a nonprofit organization or a application. We recommend that you (1) (3) In addition, the Secretary consortium of nonprofit organizations. limit the application narrative to no considers: 2. Cost Sharing or Matching: This more than 50 pages and (2) use the (i) The qualifications, including program does not require cost sharing or following standards: relevant training and experience, of the • ″ ″ matching. A ‘‘page’’ is 8.5 x 11 , on one side project director or principal 3. Subgrantees: A grantee under this only, with 1’’ margins at the top, investigator. competition may not award subgrants to bottom, and both sides. (ii) The qualifications, including entities to directly carry out project • Double space (no more than three relevant training and experience, of key activities described in its application. lines per vertical inch) all text in the project personnel. application narrative, including titles, IV. Application and Submission (c) Adequacy of resources (20 points). headings, footnotes, quotations, Information (1) The Secretary considers the references, and captions, as well as all adequacy of resources for the proposed 1. Application Submission text in charts, tables, figures, and project. Instructions: Applicants are required to graphs. (2) In determining the adequacy of follow the Common Instructions for • Use a font that is either 12 point or resources for the proposed project, the Applicants to Department of Education larger or no smaller than 10 pitch Secretary considers: Discretionary Grant Programs, (characters per inch). (i) The adequacy of support, including published in the Federal Register on • Use one of the following fonts: facilities, equipment, supplies, and February 13, 2019 (84 FR 3768) and Times New Roman, Courier, Courier other resources, from the applicant available at www.govinfo.gov/content/ New, or Arial. organization or the lead applicant pkg/FR-2019-02-13/pdf/2019-02206.pdf, organization. which contain requirements and V. Application Review Information (ii) The extent to which the budget is information on how to submit an 1. Selection Criteria: The selection adequate to support the proposed application. criteria for this competition are from 34 project. 2. Submission of Proprietary CFR 75.210. The maximum score for all (d) Quality of the management plan Information: Given the types of projects the selection criteria is 100 points. The (35 points).

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(1) The Secretary considers the ethics, and record of performance under that provides the most current quality of the management plan for the Federal awards—that is, the risk posed performance and financial expenditure proposed project. by you as an applicant—before we make information as directed by the Secretary (2) In determining the quality of the an award. In doing so, we must consider under 34 CFR 75.118. The Secretary management plan for the proposed any information about you that is in the may also require more frequent project, the Secretary considers: integrity and performance system performance reports under 34 CFR (i) The adequacy of the management (currently referred to as the Federal 75.720(c). For specific requirements on plan to achieve the objectives of the Awardee Performance and Integrity reporting, please go to www.ed.gov/ proposed project on time and within Information System (FAPIIS)), fund/grant/apply/appforms/ budget, including clearly defined accessible through the System for appforms.html. responsibilities, timelines, and Award Management. You may review 4. Performance Measures: The long- milestones for accomplishing project and comment on any information about term performance indicator for this tasks. yourself that a Federal agency program is whether, at the end of the (ii) The adequacy of procedures for previously entered and that is currently program, the student achievement gains ensuring feedback and continuous in FAPIIS. of participating eligible students are improvement in the operation of the Please note that, if the total value of greater than those of students in control proposed project. your currently active grants, cooperative or comparison groups. Data for the (iii) The adequacy of mechanisms for agreements, and procurement contracts performance measure will be collected ensuring high-quality products and from the Federal Government exceeds through the program evaluation. services from the proposed project. $10,000,000, the reporting requirements 5. Continuation Awards: In making a 2. Review and Selection Process: We in 2 CFR part 200, Appendix XII, continuation award under 34 CFR remind potential applicants that in require you to report certain integrity 75.253, the Secretary considers, among reviewing applications in any information to FAPIIS semiannually. other things: Whether a grantee has discretionary grant competition, the Please review the requirements in 2 CFR made substantial progress in achieving Secretary may consider, under 34 CFR part 200, Appendix XII, if this grant the goals and objectives of the project; 75.217(d)(3), the past performance of the plus all the other Federal funds you whether the grantee has expended funds applicant in carrying out a previous receive exceed $10,000,000. in a manner that is consistent with its award, such as the applicant’s use of approved application and budget; and, funds, achievement of project VI. Award Administration Information if the Secretary has established objectives, and compliance with grant 1. Award Notices: If your application performance measurement conditions. The Secretary may also is successful, we notify your U.S. requirements, the performance targets in consider whether the applicant failed to Representative and U.S. Senators and the grantee’s approved application. submit a timely performance report or send you a Grant Award Notification In making a continuation award, the submitted a report of unacceptable (GAN); or we may send you an email Secretary also considers whether the quality. containing a link to access an electronic grantee is operating in compliance with In addition, in making a competitive version of your GAN. We may notify the assurances in its approved cooperative agreement award, the you informally, also. application, including those applicable Secretary requires various assurances, If your application is not evaluated or to Federal civil rights laws that prohibit including those applicable to Federal not selected for funding, we notify you. discrimination in programs or activities civil rights laws that prohibit 2. Administrative and National Policy receiving Federal financial assistance discrimination in programs or activities Requirements: We identify from the Department (34 CFR 100.4, receiving Federal financial assistance administrative and national policy 104.5, 106.4, 108.8, and 110.23). from the Department (34 CFR 100.4, requirements in the application package 104.5, 106.4, 108.8, and 110.23). and reference these and other VII. Other Information 3. Risk Assessment and Specific requirements in the Applicable Accessible Format: Individuals with Conditions: Consistent with 2 CFR Regulations section of this notice. disabilities can obtain this document 200.205, before awarding grants under We reference the regulations outlining and a copy of the application package in this competition the Department the terms and conditions of an award in an accessible format (e.g., braille, large conducts a review of the risks posed by the Applicable Regulations section of print, audiotape, or compact disc) on applicants. Under 2 CFR 3474.10, the this notice and include these and other request to the program contact person Secretary may impose specific specific conditions in the GAN. The listed under FOR FURTHER INFORMATION conditions and, in appropriate GAN also incorporates your approved CONTACT. circumstances, high-risk conditions on a application as part of your binding Electronic Access to This Document: grant if the applicant or grantee is not commitments under the grant. The official version of this document is financially stable; has a history of 3. Reporting: (a) If you apply for a the document published in the Federal unsatisfactory performance; has a grant under this competition, you must Register. You may access the official financial or other management system ensure that you have in place the edition of the Federal Register and the that does not meet the standards in 2 necessary processes and systems to Code of Federal Regulations at CFR part 200, subpart D; has not comply with the reporting requirements www.govinfo.gov. At this site you can fulfilled the conditions of a prior grant; in 2 CFR part 170 should you receive view this document, as well as all other or is otherwise not responsible. funding under the competition. This documents of this Department 4. Integrity and Performance System: does not apply if you have an exception published in the Federal Register, in If you are selected under this under 2 CFR 170.110(b). text or Portable Document Format competition to receive an award that (b) At the end of your project period, (PDF). To use PDF you must have over the course of the project period you must submit a final performance Adobe Acrobat Reader, which is may exceed the simplified acquisition report, including financial information, available free at the site. threshold (currently $250,000), under 2 as directed by the Secretary. If you You may also access documents of the CFR 200.205(a)(2) we must make a receive a multiyear award, you must Department published in the Federal judgment about your integrity, business submit an annual performance report Register by using the article search

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feature at www.federalregister.gov. complete its environmental assessment two copies of their comments to the Specifically, through the advanced (EA) and place it into the Commission’s Secretary of the Commission. search feature at this site, you can limit public record (eLibrary) for this Environmental commenters will be your search to documents published by proceeding; or issue a Notice of placed on the Commission’s the Department. Schedule for Environmental Review. If environmental mailing list and will be a Notice of Schedule for Environmental Frank T. Brogan, notified of any meetings associated with Review is issued, it will indicate, among the Commission’s environmental review Assistant Secretary for Elementary and other milestones, the anticipated date Secondary Education. process. Environmental commenters for the Commission staff’s issuance of will not be required to serve copies of [FR Doc. 2020–02877 Filed 2–12–20; 8:45 am] the final environmental impact filed documents on all other parties. BILLING CODE 4000–01–P statement (FEIS) or EA for this proposal. However, the non-party commenters The filing of the EA in the Commission’s public record for this will not receive copies of all documents DEPARTMENT OF ENERGY proceeding or the issuance of a Notice filed by other parties or issued by the of Schedule for Environmental Review Commission and will not have the right Federal Energy Regulatory will serve to notify federal and state to seek court review of the Commission agencies of the timing for the Commission’s final order. [Docket No. CP20–49–000] completion of all necessary reviews, and As of the February 27, 2018 date of the subsequent need to complete all the Commission’s order in Docket No. Transcontinental Gas Pipe Line federal authorizations within Ninety CP16–4–001, the Commission will Company, LLC; Notice of Application (90) days of the date of issuance of the apply its revised practice concerning Commission staff’s FEIS or EA. Take notice that on January 31, 2020, out-of-time motions to intervene in any There are two ways to become new NGA section 3 or section 7 Transcontinental Gas Pipe Line involved in the Commission’s review of proceeding.1 Persons desiring to become Company, LLC (Transco), P.O. Box this project. First, any person wishing to a party to a certificate proceeding are to 1396, Houston, Texas 77251–1396, filed obtain legal status by becoming a party in the above referenced docket an to the proceedings for this project intervene in a timely manner. If seeking application pursuant to section 7(c) of should, on or before the comment date to intervene out-of-time, the movant is the Natural Gas Act (NGA) and Part stated below file with the Federal required to ‘‘show good cause why the 157(A) of the Commission’s regulations Energy Regulatory Commission, 888 time limitation should be waived,’’ and for authorization to amend its certificate First Street NE, Washington, DC 20426, should provide justification by reference granted in Docket No. CP17–101–000 for a motion to intervene in accordance to factors set forth in Rule 214(d)(1) of its Northeast Supply Enhancement with the requirements of the the Commission’s Rules and Project. Transco seeks authorization to Commission’s Rules of Practice and Regulations.2 utilize and extend an existing road to Procedure (18 CFR 385.214 or 385.211) The Commission strongly encourages access Compressor Station 206 in and the Regulations under the NGA (18 electronic filings of comments, protests Somerset County, New Jersey in lieu of CFR 157.10). A person obtaining party constructing the new, certificated access and interventions in lieu of paper using status will be placed on the service list the ‘‘eFiling’’ link at http:// road. Transco asserts that the proposal maintained by the Secretary of the www.ferc.gov. Persons unable to file will enable it to comply with Commission and will receive copies of electronically should submit an original requirements from the New Jersey all documents filed by the applicant and Department of Environmental Protection by all other parties. A party must submit and 3 copies of the protest or and will reduce wetland impacts, all as 3 copies of filings made in the intervention to the Federal Energy more fully described in the application proceeding with the Commission and regulatory Commission, 888 First Street which is on file with the Commission must provide a copy to the applicant NE, Washington, DC 20426. and open to public inspection. The and to every other party. Only parties to Comment Date: February 26, 2020. filing is available for review at the the proceeding can ask for court review Dated: February 5, 2020. Commission in the Public Reference of Commission orders in the proceeding. Room or may be viewed on the However, a person does not have to Kimberly D. Bose, Commission’s website web at http:// intervene in order to have comments Secretary. www.ferc.gov using the ‘‘eLibrary’’ link. considered. The second way to [FR Doc. 2020–02899 Filed 2–12–20; 8:45 am] Enter the docket number excluding the participate is by filing with the BILLING CODE 6717–01–P last three digits in the docket number Secretary of the Commission, as soon as field to access the document. For possible, an original and two copies of assistance, contact FERC at comments in support of or in opposition [email protected] or call to this project. The Commission will toll-free, (866) 208–3676 or TTY, (202) consider these comments in 502–8659. determining the appropriate action to be Any questions regarding this taken, but the filing of a comment alone application should be directed to Andre will not serve to make the filer a party Pereira, Regulatory Analyst, Senior, to the proceeding. The Commission’s Transcontinental Gas Pipe Line rules require that persons filing Company, LLC, P.O. Box 1396, Houston, comments in opposition to the project Texas 77251–1396 by telephone at (713) provide copies of their protests only to 215–4362. the party or parties directly involved in Pursuant to section 157.9 of the the protest. Commission’s rules, 18 CFR 157.9, Persons who wish to comment only 1 Tennessee Gas Pipeline Company, L.L.C., 162 within Ninety (90) days of this Notice on the environmental review of this FERC ¶ 61,167 at ¶ 50 (2018). the Commission staff will either: project should submit an original and 2 18 CFR 385.214(d)(1).

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DEPARTMENT OF ENERGY If you sent comments on this Project assist you at (866) 208–3676 or to the Commission before the opening of [email protected]. Please Federal Energy Regulatory this docket on December 9, 2019, you carefully follow these instructions so Commission will need to file those comments in that your comments are properly Docket No. CP20–21–000 to ensure they recorded. [Docket No. CP20–21–000] are considered as part of this (1) You can file your comments proceeding. If you have already filed electronically using the eComment Port Arthur Pipeline, LLC; Notice of comments in Docket No. CP20–21–000, feature, which is located on the Intent To Prepare an Environmental you do not need to file those comments Commission’s website (www.ferc.gov) Assessment for the Proposed again. under the link to Documents and Louisiana Connector Amendment This notice is being sent to the Filings. Using eComment is an easy Project, Request for Comments on Commission’s current environmental method for submitting brief, text-only Environmental Issues, and Notice of mailing list for this Project. State and comments on a project; Public Scoping Session local government representatives should (2) You can file your comments notify their constituents of this The staff of the Federal Energy electronically by using the eFiling proposed Project and encourage them to Regulatory Commission (FERC or feature, which is located on the comment on their areas of concern. Commission’s website (www.ferc.gov) Commission) will prepare an If you are a landowner receiving this environmental assessment (EA) that will under the link to Documents and notice, a pipeline company Filings. With eFiling, you can provide discuss the environmental impacts of representative may contact you about the Louisiana Connector Amendment comments in a variety of formats by the acquisition of an easement to attaching them as a file with your Project (Project) involving construction construct, operate, and maintain the submission. New eFiling users must and operation of facilities by Port proposed facilities. The company would first create an account by clicking on Arthur Pipeline, LLC (PAPL) in seek to negotiate a mutually acceptable ‘‘eRegister.’’ You will be asked to select Beauregard Parish, Louisiana. The easement agreement. You are not the type of filing you are making; a Commission will use this EA in its required to enter into an agreement. comment on a particular project is decision-making process to determine However, if the Commission approves considered a ‘‘Comment on a Filing’’; whether the Project is in the public the Project, that approval conveys with (3) You can file a paper copy of your convenience and necessity. it the right of eminent domain. comments by mailing them to the This notice announces the opening of Therefore, if you and the company do following address. Be sure to reference the scoping process the Commission not reach an easement agreement, the the Project docket number (CP20–21– will use to gather input from the public pipeline company could initiate 000) with your submission: Kimberly D. and interested agencies about issues condemnation proceedings in court. In Bose, Secretary, Federal Energy regarding the Project. The National such instances, compensation would be Regulatory Commission, 888 First Street Environmental Policy Act (NEPA) determined by a judge in accordance NE, Room 1A, Washington, DC 20426; requires the Commission to take into with state law. account the environmental impacts that PAPL provided landowners with a (4) Newly affected landowners could result from its action whenever it fact sheet prepared by the FERC entitled wishing to obtain legal status by considers the issuance of a Certificate of ‘‘An Interstate Natural Gas Facility On becoming a party to the proceeding for Public Convenience and Necessity. My Land? What Do I Need To Know?’’ this project should, on or before the NEPA also requires the Commission to This fact sheet addresses a number of comment date (March 6, 2020), file with discover concerns the public may have typically asked questions, including the the Federal Energy Regulatory about proposals. This process is referred use of eminent domain and how to Commission, 888 First Street NE, to as ‘‘scoping.’’ The main goal of the participate in the Commission’s Washington, DC 20426, a motion to scoping process is to focus the analysis proceedings. It is also available for intervene in accordance with the in the EA on the important viewing on the FERC website requirements of the Commission’s Rules environmental issues. By this notice, the (www.ferc.gov) at https://www.ferc.gov/ of Practice and Procedure (18 CFR Commission requests public comments resources/guides/gas/gas.pdf. 385.214 or 385.211) and the Regulations on the scope of issues to address in the under the NGA (18 CFR 157.10). A EA. To ensure that your comments are Public Participation person obtaining party status will be timely and properly recorded, please The Commission offers a free service placed on the service list maintained by submit your comments so that the called eSubscription which makes it the Secretary of the Commission and Commission receives them in easy to stay informed of all issuances will receive copies of all documents Washington, DC on or before 5:00 p.m. and submittals regarding the dockets/ filed by the applicant and by all other Eastern Time on March 6, 2020. projects to which you subscribe. These parties. A party must submit 3 copies of You can make a difference by instant email notifications are the fastest filings made with the Commission and submitting your specific comments or way to receive notification and provide must provide a copy to the applicant concerns about the Project. Your a link to the document files which can and to every other party in the comments should focus on the potential reduce the amount of time you spend proceeding. Only parties to the environmental effects, reasonable researching proceedings. To sign up go proceeding can ask for court review of alternatives, and measures to avoid or to www.ferc.gov/docs-filing/ Commission orders in the proceeding; lessen environmental impacts. Your esubscription.asp. or input will help the Commission staff For your convenience, there are four (5) In lieu of sending written determine what issues they need to methods you can use to submit your comments, the Commission invites you evaluate in the EA. Commission staff comments to the Commission. The to attend the public scoping session its will consider all filed comments during Commission encourages electronic filing staff will conduct in the Project area, the preparation of the EA. of comments and has staff available to scheduled as follows:

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Date and time Location

Wednesday, March 4, 2020, 4:00 p.m. to 7:00 p.m. Central Time ...... South Beauregard Recreation District Community Center, 6719 High- way 12, Ragley, LA 70657, 337–725–3717. Please note that staff may conclude the session at 6:30 pm if all attendees planning to provide comments have done so.

The primary goal of the scoping Summary of the Proposed Project 10 mainline valves on the Louisiana session is to have you identify the PAPL proposes to amend its April 18, Connector Project; and • specific environmental issues and 2019 Order Issuing Certificate for the use the former Allen Parish concerns that should be considered in Louisiana Connector Project (CP18–7– compressor station site at MP 96.1 as a the EA. Individual verbal comments 000) by constructing and operating a contractor yard. will be taken on a one-on-one basis with compressor station in Beauregard The Project facilities would result in a court reporter. This format is designed Parish, Louisiana (the Beauregard Parish a slight increase in the overall capacity to receive the maximum amount of Compressor Station or BPCS) in lieu of of feed gas to the approved Port Arthur verbal comments, in a convenient way the compressor station previously Liquefaction facility from approximately during the timeframe allotted. certificated in Allen Parish, Louisiana. 1.98 to 2.05 billion cubic feet per day. The scoping session is scheduled The compressor station proposed for The Project would allow gas from from 4:00 p.m. to 7:00 p.m. Central this Project would be constructed as additional sources to supply the Time. You may arrive any time at or part of the Louisiana Connector Project. liquefaction facility. after 4:00 p.m. There will not be a In its December 9, 2019 Amendment The general location of the Project formal presentation by Commission staff Application, PAPL proposed to locate facilities is shown in appendix 2. when the session opens. If you wish to the BPCS within the previously speak, the Commission staff will hand Land Requirements for Construction certificated Beauregard Parish out numbers in the order of your arrival. Contractor Yard (LYBEA–01) and The Project facilities would disturb Comments will be taken until 7:00 p.m. workspace associated with pipeline approximately 59.9 acres, all of which However, if no additional numbers have construction at milepost (MP) 72.3. would be permanently maintained as been handed out and all individuals However, on January 31, 2020, PAPL aboveground facilities or right-of-way. who wish to provide comments have filed to relocate the new BPCS site had an opportunity to do so, staff may The EA Process approximately 0.75 mile south of conclude the session at 6:30 p.m. Please Gaytine Road, to a location adjacent to see appendix 1 for additional The EA will discuss impacts that and west-southwest of Cameron information on the session format and could occur as a result of the Interstate Pipeline, LLC’s existing conduct.1 construction and operation of the Ragley Compressor Station.2 Your scoping comments will be The proposed Project under these general recorded by a court reporter (with FERC proposed site would be approximately headings: • staff or representative present) and 2,750 feet directly south of the initially Geology and soils; become part of the public record for this proposed BPCS location described in • water resources and wetlands; PAPL’s December 9, 2019 Amendment proceeding. Transcripts will be publicly • vegetation and wildlife; available on FERC’s eLibrary system Application. The new location for the • BPCS would be south of and adjacent to threatened and endangered species; (see the last page of this notice for • socioeconomics; instructions on using eLibrary). If a the main pipeline corridor and would use the same mainline connection and • cultural resources; significant number of people are • interested in providing verbal comments interconnect location points near MP land use; • in the one-on-one settings, a time limit 72.3 as previously proposed. air quality and noise; As part of the Project, PAPL would: • alternatives; of 3 minutes may be implemented for • each commentor. Relocate the previously authorized • public safety; and compressor station consisting of four It is important to note that the • cumulative impacts Commission provides equal Solar Titan 130E gas turbine driven compressors in Allen Parish from MP Commission staff will also evaluate consideration to all comments received, reasonable alternatives to the proposed whether filed in written form or 96.1, to MP 72.3 in Beauregard Parish, increasing horsepower from 89,900 to Project or portions of the Project, and provided verbally at a scoping session. make recommendations on how to Although there will not be a formal 93,880; • relocate an interconnect with the lessen or avoid impacts on the various presentation, Commission staff will be resource areas. available throughout the scoping session Texas Eastern Transmission Company The EA will present Commission to answer your questions about the from MP 96.1 to MP 72.3; • staffs’ independent analysis of the environmental review process. relocate pig launcher/receiver issues. The EA will be available in Representatives from PAPL will also be facilities from MP 96.1 to MP 72.3; • electronic format in the public record present to answer Project-specific construct three new pipeline through eLibrary 3 and the questions. interconnections with Cameron Intrastate Pipeline, Transcontinental Commission’s website (https:// www.ferc.gov/industries/gas/enviro/ 1 The appendices referenced in this notice will Gas Pipeline, and Louisiana Storage at not appear in the Federal Register. Copies of the MP 72.3; eis.asp). If eSubscribed, you will receive appendices were sent to all those receiving this • construct one new mainline block instant email notification when the EA notice in the mail and are available at www.ferc.gov valve at MP 72.3, resulting in a total of is issued. The EA may be issued for an using the link called ‘‘eLibrary’’ or from the allotted public comment period. Commission’s Public Reference Room, 888 First Street NE, Washington, DC 20426, or call (202) 502– 2 Newly affected landowners have an opportunity 8371. For instructions on connecting to eLibrary, to file for timely intervention during this scoping 3 For instructions on connecting to eLibrary, refer refer to the last page of this notice. period, which ends on March 6, 2020. to the last page of this notice.

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Commission staff will consider all Environmental Mailing List DEPARTMENT OF ENERGY comments on the EA before making The environmental mailing list recommendations to the Commission. includes federal, state, and local Federal Energy Regulatory To ensure Commission staff have the government representatives and Commission opportunity to address your comments, agencies; elected officials; Combined Notice of Filings #1 please carefully follow the instructions environmental and public interest in the Public Participation section, groups; Native American tribes; other Take notice that the Commission beginning on page 2. interested parties; and local libraries received the following electric rate With this notice, the Commission is and newspapers. This list also includes filings: asking agencies with jurisdiction by law all affected landowners (as defined in Docket Numbers: ER19–1525–001. and/or special expertise with respect to the Commission’s regulations) who are Applicants: AEP Texas Inc. the environmental issues of this Project potential right-of-way grantors, whose Description: Compliance filing: to formally cooperate in the preparation property may be used temporarily for Compliance: AEPTX-Taylor EC-Golden of the EA.4 Agencies that would like to project purposes, or who own homes Spread EC Interconnection Agr 3rd request cooperating agency status within certain distances of aboveground Amended to be effective 3/13/2019. should follow the instructions for filing facilities, and anyone who submits Filed Date: 2/6/20. comments provided under the Public comments on the Project. Commission Accession Number: 20200206–5149. Participation section of this notice. staff will update the environmental Comments Due: 5 p.m. ET 2/27/20. mailing list as the analysis proceeds to Docket Numbers: ER19–1959–001. Consultation Under Section 106 of the ensure that Commission notices related Applicants: Avista Corporation. National Historic Preservation Act to this environmental review are sent to Description: Compliance filing: Avista Corp OATT Order 845/845A In accordance with the Advisory all individuals, organizations, and Compliance Filing to be effective 2/10/ Council on Historic Preservation’s government entities interested in and/or 2020. implementing regulations for section potentially affected by the proposed Filed Date: 2/7/20. 106 of the National Historic Project. If the Commission issues the EA for Accession Number: 20200207–5000. Preservation Act, the Commission is an allotted public comment period, a Comments Due: 5 p.m. ET 2/28/20. using this notice to initiate consultation Notice of Availability of the EA will be Docket Numbers: ER20–370–000. with the Louisiana State Historic sent to the environmental mailing list Applicants: City Power & Gas, LLC. Preservation Office, and to solicit its and will provide instructions to access Description: Report Filing: Refund views and those of other government the electronic document on the FERC’s Report (ER20–370-) to be effective N/A. agencies, interested Indian tribes, and website (www.ferc.gov). If you need to Filed Date: 2/6/20. the public on the Project’s potential make changes to your name/address, or Accession Number: 20200206–5148. effects on historic properties.5 The EA if you would like to remove your name Comments Due: 5 p.m. ET 2/27/20. for this Project will document findings from the mailing list, please return the Docket Numbers: ER20–378–001. on the impacts on historic properties attached ‘‘Mailing List Update Form’’ Applicants: Pacific Gas and Electric and summarize the status of (appendix 3). Company. consultations under section 106. Description: Tariff Amendment: Additional Information Currently Identified Environmental Response to Deficiency Letter for CCSF Issues Additional information about the 11–14–19 Unexecuted Agreements to be Project is available from the effective 1/13/2020. Commission staff have already Commission’s Office of External Affairs, Filed Date: 2/7/20. identified several issues that deserve at (866) 208–FERC, or on the FERC Accession Number: 20200207–5071. attention based on a preliminary review website at www.ferc.gov using the Comments Due: 5 p.m. ET 2/28/20. of the proposed facilities; the eLibrary link. Click on the eLibrary link, Docket Numbers: ER20–608–001. environmental information provided by click on ‘‘General Search’’ and enter the Applicants: Bear Valley Electric PAPL; and comments already received, docket number in the ‘‘Docket Number’’ Service, Inc. as listed below. This preliminary list of field, excluding the last three digits (i.e., Description: Tariff Amendment: issues may change based on your CP20–21). Be sure you have selected an Amendment to MBR Application and comments and our analysis. appropriate date range. For assistance, Request for Waivers and Blanket • Alternative compressor station please contact FERC Online Support at Authorizations to be effective 1/1/2020. Filed Date: 2/7/20. locations [email protected] or (866) 208–3676, or for TTY, contact (202) Accession Number: 20200207–5065. • Traffic on Gaytine Road 502–8659. The eLibrary link also Comments Due: 5 p.m. ET 2/28/20. • Impact on property values provides access to the texts of all formal Docket Numbers: ER20–611–001. • Proposed developments near the documents issued by the Commission, Applicants: Algonquin SKIC 20 Solar, compressor station such as orders, notices, and LLC. Description: Tariff Amendment: • Cumulative impacts rulemakings. Public sessions or site visits will be Shared Facilities Agreement—Amended to be effective 12/18/2019. 4 posted on the Commission’s calendar The Council on Environmental Quality located at www.ferc.gov/EventCalendar/ Filed Date: 2/7/20. regulations addressing cooperating agency Accession Number: 20200207–5004. responsibilities are at Title 40, Code of Federal EventsList.aspx along with other related Regulations, Part 1501.6. information. Comments Due: 5 p.m. ET 2/28/20. 5 The Advisory Council on Historic Preservation’s Docket Numbers: ER20–625–001. Dated: February 5, 2020. regulations are at Title 36, Code of Federal Applicants: Algonquin SKIC 10 Solar, Regulations, Part 800. Those regulations define Kimberly D. Bose, LLC. historic properties as any prehistoric or historic Secretary. Description: Tariff Amendment: district, site, building, structure, or object included in or eligible for inclusion in the National Register [FR Doc. 2020–02898 Filed 2–12–20; 8:45 am] Certificate of Concurrence—Amended to of Historic Places. BILLING CODE 6717–01–P be effective 12/18/2019.

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Filed Date: 2/7/20. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 2/21/20. Accession Number: 20200207–5003. Docket Numbers: ER17–2059–006. Federal Energy Regulatory Applicants: Puget Sound Energy, Inc. Comments Due: 5 p.m. ET 2/28/20. Commission Description: Notice of Non-Material Docket Numbers: ER20–663–001. Change in Status of Puget Sound Combined Notice of Filings #1 Applicants: New York Independent Energy, Inc. System Operator, Inc. Take notice that the Commission Filed Date: 1/31/20. received the following electric corporate Accession Number: 20200131–5399. Description: Tariff Amendment: filings: Comments Due: 5 p.m. ET 2/21/20. Supplement to the 12/20/19 Docket Numbers: ER18–849–001; Competitive Entry Exemption 205 filing Docket Numbers: EC20–34–000. ER18–850–001; ER18–851–001. to be effective 4/8/2020. Applicants: MATL LLP, BHE U.S. Transmission, LLC. Applicants: Mill Run Windpower Filed Date: 2/7/20. Description: Joint Application for LLC, Somerset Windpower LLC, Accession Number: 20200207–5018. Authorization Under Section 203 of the Waymart Wind Farm LLC. Description: Notice of Non-Material Comments Due: 5 p.m. ET 2/28/20. Federal Power Act, et al. of MATL LLP, et al. Change in Market-Based Rate Status of Docket Numbers: ER20–963–000. Filed Date: 1/31/20. Mill Run Wind Farm LLC, et al. Applicants: Black Hills Colorado Accession Number: 20200131–5347. Filed Date: 1/30/20. Electric, LLC. Comments Due: 5 p.m. ET 2/21/20. Accession Number: 20200130–5254. Comments Due: 5 p.m. ET 2/20/20. Description: § 205(d) Rate Filing: Joint Take notice that the Commission Docket Numbers: ER20–792–001. Dispatch Agreement Concurrence Filing received the following electric rate Applicants: Oklahoma Wind, LLC. to be effective 4/5/2020. filings: Docket Numbers: ER10–1355–008. Description: Tariff Amendment: Filed Date: 2/6/20. Applicants: Southern California Oklahoma Wind, LLC Amendment to Accession Number: 20200206–5145. Edison Company. Application for MBR Rates to be effective 3/15/2020. Comments Due: 5 p.m. ET 2/27/20. Description: Notification of Change in Status of Southern California Edison Filed Date: 2/3/20. Docket Numbers: ER20–964–000. Company. Accession Number: 20200203–5037. Applicants: PJM Interconnection, Filed Date: 1/30/20. Comments Due: 5 p.m. ET 2/24/20. L.L.C. Accession Number: 20200130–5251. Docket Numbers: ER20–931–000. Applicants: Duke Energy Progress, Description: § 205(d) Rate Filing: Rev Comments Due: 5 p.m. ET 2/20/20. LLC. to Sch. 12 of OA to reflect termination Docket Numbers: ER10–2042–033; Description: Application for the of Innovari Market Solution, LLC to be ER10–1942–025; ER17–696–013; ER10– Establishment and Recovery of a effective 3/4/2020. 1938–028; ER10–1934–027; ER10–1893– Regulatory Asset of Duke Energy Filed Date: 2/7/20. 027; ER10–3051–032; ER10–2985–031; ER10–3049–032; ER11–4369–012; Progress, LLC. Accession Number: 20200207–5092. ER16–2218–012; ER10–1862–027. Filed Date: 1/31/20. Comments Due: 5 p.m. ET 2/28/20. Applicants: Calpine Energy Services, Accession Number: 20200131–5345. L.P., Calpine Construction Finance Comments Due: 5 p.m. ET 2/21/20. The filings are accessible in the Company, LP, Calpine Energy Solutions, Docket Numbers: ER20–932–000. Commission’s eLibrary system by LLC, Calpine Power America—CA, LLC, Applicants: Tri-State Generation and clicking on the links or querying the CES Marketing IX, LLC, CES Marketing Transmission Association, Inc. docket number. X, LLC, Champion Energy, LLC, Description: § 205(d) Rate Filing: Any person desiring to intervene or Champion Energy Marketing LLC, Filing of Unexecuted NITSA and NOA protest in any of the above proceedings Champion Energy Services, LLC, North between Tri-State and ARPA to be must file in accordance with Rules 211 American Power and Gas, LLC, North effective 2/1/2020. and 214 of the Commission’s American Power Business, LLC, Power Filed Date: 2/3/20. Regulations (18 CFR 385.211 and Contract Financing, L.L.C. Accession Number: 20200203–5020. 385.214) on or before 5:00 p.m. Eastern Description: Notification of Change in Comments Due: 5 p.m. ET 2/24/20. time on the specified comment date. Status of the Indicated Calpine MBR Docket Numbers: ER20–933–000. Protests may be considered, but Sellers. Applicants: Consolidated Edison intervention is necessary to become a Filed Date: 1/31/20. Company of New York, Inc. party to the proceeding. Accession Number: 20200131–5396. Description: § 205(d) Rate Filing: Con eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 2/21/20. Edison RY1 1–31–2020 to be effective 2/ information relating to filing Docket Numbers: ER10–2854–002. 1/2020. requirements, interventions, protests, Applicants: ConocoPhillips Company. Filed Date: 2/3/20. service, and qualifying facilities filings Description: Notice of Change in Accession Number: 20200203–5024. can be found at: http://www.ferc.gov/ Status of ConocoPhillips Company. Comments Due: 5 p.m. ET 2/24/20. docs-filing/efiling/filing-req.pdf. For Filed Date: 1/30/20. Docket Numbers: ER20–934–000. other information, call (866) 208–3676 Accession Number: 20200130–5252. Applicants: Consolidated Edison (toll free). For TTY, call (202) 502–8659. Comments Due: 5 p.m. ET 2/20/20. Company of New York, Inc. Description: § 205(d) Rate Filing: WDS Dated: February 7, 2020. Docket Numbers: ER10–3097–010. Applicants: Bruce Power Inc. Tariff to be effective 2/1/2020. Kimberly D. Bose, Description: Notice of Non-Material Filed Date: 2/3/20. Secretary. Change in Status of Bruce Power Inc. Accession Number: 20200203–5026. [FR Doc. 2020–02901 Filed 2–12–20; 8:45 am] Filed Date: 1/31/20. Comments Due: 5 p.m. ET 2/24/20. BILLING CODE 6717–01–P Accession Number: 20200131–5397. Docket Numbers: ER20–935–000.

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Applicants: MATL LLP, BHE U.S. and 214 of the Commission’s Commission requests public comments Transmission, LLC. Regulations (18 CFR 385.211 and on the scope of issues to address in the Description: Request for Negotiated 385.214) on or before 5:00 p.m. Eastern EA. To ensure that your comments are Rate Authority of MATL LLP, et al. time on the specified comment date. timely and properly recorded, please Filed Date: 1/31/20. Protests may be considered, but submit your comments so that the Accession Number: 20200131–5349. intervention is necessary to become a Commission receives them in Comments Due: 5 p.m. ET 2/21/20. party to the proceeding. Washington, DC on or before 5:00 p.m. Docket Numbers: ER20–936–000. eFiling is encouraged. More detailed Eastern Time on March 9, 2020. Applicants: Entergy Arkansas, LLC. information relating to filing You can make a difference by Description: Application to Reduce requirements, interventions, protests, submitting your specific comments or Nuclear Decommissioning Costs of service, and qualifying facilities filings concerns about the project. Your Entergy Services, LLC, on behalf of can be found at: http://www.ferc.gov/ comments should focus on the potential Entergy Arkansas, LLC. docs-filing/efiling/filing-req.pdf. For environmental effects, reasonable Filed Date: 1/31/20. other information, call (866) 208–3676 alternatives, and measures to avoid or (toll free). For TTY, call (202) 502–8659. Accession Number: 20200131–5376. lessen environmental impacts. Your Comments Due: 5 p.m. ET 2/21/20. Dated: February 3, 2020. input will help the Commission staff Docket Numbers: ER20–937–000. Kimberly D. Bose, determine what issues they need to Applicants: PJM Interconnection, Secretary. evaluate in the EA. Commission staff L.L.C. [FR Doc. 2020–02894 Filed 2–12–20; 8:45 am] will consider all filed comments during Description: § 205(d) Rate Filing: BILLING CODE 6717–01–P the preparation of the EA. Original WMPA SA No. 5588; Queue If you sent comments on this project No. AE2–114 to be effective 1/8/2020. to the Commission before the opening of Filed Date: 2/3/20. DEPARTMENT OF ENERGY Accession Number: 20200203–5097. this docket on December 19, 2019, you Comments Due: 5 p.m. ET 2/24/20. Federal Energy Regulatory will need to file those comments in Commission Docket No. CP20–30–000 to ensure they Docket Numbers: ER20–938–000. are considered as part of this Applicants: Midcontinent [Docket No. CP20–30–000] proceeding. Independent System Operator, Inc. Description: § 205(d) Rate Filing: Texas Eastern Transmission, LP; This notice is being sent to the 2020–02–03_Revisions to the SPP JOA Notice of Intent To Prepare an Commission’s current environmental to Improve Clarity of Affected Systems Environmental Assessment for the mailing list for this project. State and to be effective 4/4/2020. Proposed Middlesex Extension local government representatives should Filed Date: 2/3/20. Project, Request for Comments on notify their constituents of this Accession Number: 20200203–5143. Environmental Issues, and Notice of proposed project and encourage them to Comments Due: 5 p.m. ET 2/24/20. Public Scoping Session comment on their areas of concern. Docket Numbers: ER20–939–000. If you are a landowner receiving this Applicants: PJM Interconnection, The staff of the Federal Energy notice, a pipeline company L.L.C. Regulatory Commission (FERC or representative may contact you about Description: Compliance filing: Commission) will prepare an the acquisition of an easement to Compliance filing per Commission’s 9/ environmental assessment (EA) that will construct, operate, and maintain the 19/2019 order in EL18–26—Tariff discuss the environmental impacts of proposed facilities. The company would Revisions to be effective 4/6/2020. the Middlesex Extension Project seek to negotiate a mutually acceptable Filed Date: 2/3/20. involving construction and operation of easement agreement. You are not natural gas facilities by Texas Eastern Accession Number: 20200203–5154. required to enter into an agreement. Transmission, LP (Texas Eastern) in Comments Due: 5 p.m. ET 2/24/20. However, if the Commission approves Middlesex County, New Jersey. The the project, that approval conveys with Take notice that the Commission Commission will use this EA in its it the right of eminent domain. received the following electric securities decision-making process to determine Therefore, if you and the company do filings: whether the project is in the public not reach an easement agreement, the Docket Numbers: ES20–14–000. convenience and necessity. pipeline company could initiate Applicants: Dominion Energy South This notice announces the opening of condemnation proceedings in court. In Carolina, Inc., South Carolina the scoping process the Commission such instances, compensation would be Generating Company, Inc. will use to gather input from the public determined by a judge in accordance Description: Application Under and interested agencies about issues with state law. Section 204 of the Federal Power Act for regarding the project. The National Authorization to Issue Securities of Environmental Policy Act (NEPA) Texas Eastern provided landowners Dominion Energy South Carolina, Inc., requires the Commission to take into with a fact sheet prepared by the FERC et al. account the environmental impacts that entitled ‘‘An Interstate Natural Gas Filed Date: 1/30/20. could result from its action whenever it Facility On My Land? What Do I Need Accession Number: 20200130–5253. considers the issuance of a Certificate of To Know?’’ This fact sheet addresses a Comments Due: 5 p.m. ET 2/20/20. Public Convenience and Necessity. number of typically asked questions, The filings are accessible in the NEPA also requires the Commission to including the use of eminent domain Commission’s eLibrary system by discover concerns the public may have and how to participate in the clicking on the links or querying the about proposals. This process is referred Commission’s proceedings. It is also docket number. to as ‘‘scoping.’’ The main goal of the available for viewing on the FERC Any person desiring to intervene or scoping process is to focus the analysis website (www.ferc.gov) at https:// protest in any of the above proceedings in the EA on the important www.ferc.gov/resources/guides/gas/ must file in accordance with Rules 211 environmental issues. By this notice, the gas.pdf.

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Public Participation [email protected]. Please submission. New eFiling users must carefully follow these instructions so first create an account by clicking on The Commission offers a free service that your comments are properly ‘‘eRegister.’’ You will be asked to select called eSubscription which makes it recorded. the type of filing you are making; a easy to stay informed of all issuances (1) You can file your comments comment on a particular project is and submittals regarding the dockets/ electronically using the eComment considered a ‘‘Comment on a Filing’’; projects to which you subscribe. These feature, which is located on the (3) You can file a paper copy of your instant email notifications are the fastest Commission’s website (www.ferc.gov) comments by mailing them to the way to receive notification and provide under the link to Documents and following address. Be sure to reference a link to the document files which can Filings. Using eComment is an easy the project docket number (CP20–30– reduce the amount of time you spend method for submitting brief, text-only 000) with your submission: Kimberly D. researching proceedings. To sign up go comments on a project; Bose, Secretary, Federal Energy to www.ferc.gov/docs-filing/ (2) You can file your comments Regulatory Commission, 888 First Street esubscription.asp. electronically by using the eFiling NE, Room 1A, Washington, DC 20426; For your convenience, there are four feature, which is also on the or methods you can use to submit your Commission’s website (www.ferc.gov) (4) In lieu of sending written comments to the Commission. The under the link to Documents and comments, the Commission invites you Commission encourages electronic filing Filings. With eFiling, you can provide to attend the public scoping session its of comments and has staff available to comments in a variety of formats by staff will conduct in the project area, assist you at (866) 208–3676 or attaching them as a file with your scheduled as follows:

Date and time Location

Thursday, February 27, 2020, 6 p.m. to 9 p.m...... Courtyard by Marriott Edison-Woodbridge, 3105 Woodbridge Avenue, Edison, NJ 08837, 732–738–1991.

The primary goal of this scoping consideration to all comments received, Land Requirements for Construction session is to have you identify the whether filed in written form or Construction of the project would specific environmental issues and provided verbally at a scoping session. require about 19.3 acres of land during concerns that should be considered in Although there will not be a formal construction. Permanent (operational) the EA. Individual verbal comments presentation, Commission staff will be impacts would total about 5.8 acres will be taken on a one-on-one basis with available throughout the scoping session associated with permanent pipeline a court reporter. This format is designed to answer your questions about the easements and installation of the to receive the maximum amount of environmental review process. proposed aboveground facilities. verbal comments, in a convenient way Summary of the Proposed Project Following construction Texas Eastern during the timeframe allotted. would grade, restore pre-construction The scoping session is scheduled Texas Eastern’s project consists of the contours, and revegetate all areas from 6:00 p.m. to 9:00 p.m. Eastern construction and operation of 1.55 miles temporarily disturbed by construction. Time. You may arrive at any time after of 20-inch-diameter pipeline, a new 6:00 p.m. There will not be a formal metering and regulating station, 0.20 The EA Process presentation by Commission staff when mile of 16-inch-diameter The EA will discuss impacts that the session opens. If you wish to speak, interconnecting piping, and related could occur as a result of construction the Commission staff will hand out appurtenances and ancillary facilities to and operation of the proposed project numbers in the order of your arrival. provide natural gas transportation to under these general headings: Comments will be taken until 9:00 p.m. interconnects with Transcontinental Gas • Geology and soils; However, if no additional numbers have Pipe Line Company, LLC’s (Transco) • water resources and wetlands; been handed out and all individuals Mainline system and Transco’s existing • vegetation and wildlife; who wish to provide comments have Woodbridge Lateral for ultimate • threatened and endangered species; had an opportunity to do so, staff may delivery to the 725-Megawatt natural • cultural resources; conclude the session at 8:30 p.m. Please gas-fueled combined-cycle Woodbridge • land use; see appendix 2 for additional Energy Center owned by CPV Shore • air quality and noise; information on the session format and Holdings, LLC and located in • public safety; and conduct. Woodbridge Township, New Jersey. The • cumulative impacts Your scoping comments will be Project would be co-located with an Commission staff will also evaluate recorded by a court reporter (with FERC existing utility right-of-way and railroad reasonable alternatives to the proposed staff or representative present) and corridor. project or portions of the project, and become part of the public record for this The general location of the project make recommendations on how to proceeding. Transcripts will be publicly facilities filed by Texas Eastern is lessen or avoid impacts on the various available on FERC’s eLibrary system shown in appendix 1.1 resource areas. (see pages 6–7 of this notice for The EA will present Commission instructions on using eLibrary). If a 1 The appendices referenced in this notice will staffs’ independent analysis of the significant number of people are not appear in the Federal Register. Copies of issues. The EA will be available in interested in providing verbal comments appendices were sent to all those receiving this electronic format in the public record in the one-on-one settings, a time limit notice in the mail and are available at www.ferc.gov through eLibrary 2 and the of 5 minutes may be implemented for using the link called ‘‘eLibrary’’ or from the Commission’s Public Reference Room, 888 First Commission’s website (https:// each commentor. Street NE, Washington, DC 20426, or call (202) 502– It is important to note that the 8371. For instructions on connecting to eLibrary, 2 For instructions on connecting to eLibrary, refer Commission provides equal refer to the last page of this notice. to the last page of this notice.

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www.ferc.gov/industries/gas/enviro/ comments on the project. Commission Generator Status of Northern Colorado eis.asp). If eSubscribed, you will receive staff will update the environmental Wind Energy Center, LLC. instant email notification when the EA mailing list as the analysis proceeds to Filed Date: 2/3/20. is issued. The EA may be issued for an ensure that Commission notices related Accession Number: 20200203–5252. allotted public comment period. to this environmental review are sent to Comments Due: 5 p.m. ET 2/24/20. Commission staff will consider all all individuals, organizations, and Docket Numbers: EG20–74–000. comments on the EA before making government entities interested in and/or Applicants: Blythe Solar III, LLC. recommendations to the Commission. potentially affected by the proposed Description: Notice of Self- To ensure Commission staff have the project. Certification of Exempt Wholesale opportunity to address your comments, If the Commission issues the EA for Generator Status of Blythe Solar III, please carefully follow the instructions an allotted public comment period, a LLC. in the Public Participation section, Notice of Availability of the EA will be Filed Date: 2/3/20. beginning on page 2. sent to the environmental mailing list Accession Number: 20200203–5253. With this notice, the Commission is and will provide instructions to access Comments Due: 5 p.m. ET 2/24/20. asking agencies with jurisdiction by law the electronic document on the FERC’s Docket Numbers: EG20–75–000. and/or special expertise with respect to website (www.ferc.gov). If you need to Applicants: Blythe Solar IV, LLC. the environmental issues of this project make changes to your name/address, or Description: Notice of Self- to formally cooperate in the preparation if you would like to remove your name Certification of Exempt Wholesale of the EA.3 Agencies that would like to from the mailing list, please return the Generator Status of Blythe Solar IV, request cooperating agency status attached ‘‘Mailing List Update Form’’ LLC. should follow the instructions for filing (appendix 3). Filed Date: 2/3/20. comments provided under the Public Accession Number: 20200203–5254. Participation section of this notice. Additional Information Comments Due: 5 p.m. ET 2/24/20. Additional information about the Consultation Under Section 106 of the project is available from the Docket Numbers: EG20–76–000. National Historic Preservation Act Commission’s Office of External Affairs, Applicants: ENGIE Long Draw Solar In accordance with the Advisory at (866) 208–FERC, or on the FERC LLC. Council on Historic Preservation’s website at www.ferc.gov using the Description: Notice of Self- implementing regulations for section eLibrary link. Click on the eLibrary link, Certification of Exempt Wholesale 106 of the National Historic click on ‘‘General Search’’ and enter the Generator Status of ENGIE Long Draw Preservation Act, the Commission is docket number in the ‘‘Docket Number’’ Solar LLC. using this notice to initiate consultation field, excluding the last three digits (i.e., Filed Date: 2/4/20. with the applicable State Historic CP20–30). Be sure you have selected an Accession Number: 20200204–5147. Preservation Office, and to solicit their appropriate date range. For assistance, Comments Due: 5 p.m. ET 2/25/20. views and those of other government please contact FERC Online Support at Take notice that the Commission agencies, interested Indian Tribes, and [email protected] or (866) received the following electric rate the public on the project’s potential 208–3676, or for TTY, contact (202) filings: 4 effects on historic properties. The EA 502–8659. The eLibrary link also Docket Numbers: ER11–1858–008. for this project will document findings provides access to the texts of all formal Applicants: NorthWestern on the impacts on historic properties documents issued by the Commission, Corporation. and summarize the status of such as orders, notices, and Description: Supplement to Triennial consultations under section 106. rulemakings. Market Power Analysis for the Environmental Mailing List Public sessions or site visits will be Northwest Region of NorthWestern posted on the Commission’s calendar The environmental mailing list Corporation. located at www.ferc.gov/EventCalendar/ includes federal, state, and local Filed Date: 2/3/20. EventsList.aspx along with other related government representatives and Accession Number: 20200203–5013. information. agencies; elected officials; Comments Due: 5 p.m. ET 2/24/20. environmental and public interest Dated: February 7, 2020. Docket Numbers: ER15–704–015. groups; Native American Tribes; other Kimberly D. Bose, Applicants: Pacific Gas and Electric interested parties; and local libraries Secretary. Company. and newspapers. This list also includes [FR Doc. 2020–02903 Filed 2–12–20; 8:45 am] Description: Compliance filing: Corrections to Compliance filing CCSF all affected landowners (as defined in BILLING CODE 6717–01–P the Commission’s regulations) who are WDT SA and IA (SA 275) to be effective potential right-of-way grantors, whose 7/1/2015. property may be used temporarily for DEPARTMENT OF ENERGY Filed Date: 2/4/20. project purposes, or who own homes Accession Number: 20200204–5094. within certain distances of aboveground Federal Energy Regulatory Comments Due: 5 p.m. ET 2/25/20. facilities, and anyone who submits Commission Docket Numbers: ER15–704–016. Applicants: Pacific Gas and Electric Combined Notice of Filings #1 3 The Council on Environmental Quality Company. regulations addressing cooperating agency Take notice that the Commission Description: Compliance filing: responsibilities are at Title 40, Code of Federal Corrections to Compliance filing CCSF Regulations, Part 1501.6. received the following exempt 4 The Advisory Council on Historic Preservation’s wholesale generator filings: WDT SA and IA (SA 275) to be effective regulations are at Title 36, Code of Federal Docket Numbers: EG20–73–000. 7/23/2015. Regulations, Part 800. Those regulations define Applicants: Northern Colorado Wind Filed Date: 2/4/20. historic properties as any prehistoric or historic Accession Number: 20200204–5096. district, site, building, structure, or object included Energy Center, LLC. in or eligible for inclusion in the National Register Description: Notice of Self- Comments Due: 5 p.m. ET 2/25/20. of Historic Places. Certification of Exempt Wholesale Docket Numbers: ER19–1730–002.

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Applicants: Wind Park Bear Creek, Description: Baseline eTariff Filing: Description: Tariff filing per L.L.C. Application for Market-Based Rate 284.123(b),(e)/: CMD SOC Rates Description: Compliance filing: Authorization to be effective 4/6/2020. effective 12–18–2019 to be effective 12/ Compliance Filing for Docket ER19– Filed Date: 2/5/20. 18/2019. 1730 to be effective 6/29/2019. Accession Number: 20200205–5074. Filed Date: 1/28/2020. Filed Date: 2/5/20. Comments Due: 5 p.m. ET 2/26/20. Accession Number: 202001285022. Accession Number: 20200205–5095. Docket Numbers: ER20–956–001. Comments/Protests Due: 5 p.m. ET 2/ Comments Due: 5 p.m. ET 2/26/20. Applicants: Thunderhead Wind 18/2020. Docket Numbers: ER19–1886–002. Energy LLC. Docket Numbers: RP20–452–000. Applicants: Stony Creek Wind Farm, Description: Tariff Amendment: Applicants: Big Sandy Pipeline, LLC. LLC. Supplement to Application for Market- Description: Compliance filing Big Description: Compliance filing: Based Rate Authorization to be effective Sandy Fuel Filing effective 3/1/2020. Compliance Filing for Docket ER19– 4/6/2020. Filed Date: 1/27/20. 1886 to be effective 7/17/2019. Filed Date: 2/5/20. Accession Number: 20200127–5133. Filed Date: 2/5/20. Accession Number: 20200205–5079. Comments Due: 5 p.m. ET 2/10/20. Accession Number: 20200205–5084. Comments Due: 5 p.m. ET 2/26/20. Docket Numbers: RP20–453–000. Comments Due: 5 p.m. ET 2/26/20. Docket Numbers: ER20–957–000. Applicants: Iroquois Gas Docket Numbers: ER20–457–001. Applicants: NorthWestern Transmission System, L.P. Applicants: PJM Interconnection, Corporation. Description: Compliance filing L.L.C. Description: Tariff Cancellation: 012820 System MAP URL Update, Description: Tariff Amendment: Cancellation of Multiple Service Compliance Filing to be effective 1/29/ Response to Commission’s Deficiency Agreements for Network Integration 2020. Letter dated January 16, 2020 to be Transmission to be effective 3/1/2020. Filed Date: 1/28/20. effective 1/10/2020. Filed Date: 2/5/20. Accession Number: 20200128–5020. Filed Date: 2/5/20. Accession Number: 20200205–5098. Comments Due: 5 p.m. ET 2/10/20. Accession Number: 20200205–5096. Comments Due: 5 p.m. ET 2/26/20. Docket Numbers: RP11–1711–000. Comments Due: 5 p.m. ET 2/26/20. The filings are accessible in the Applicants: Texas Gas Transmission, Docket Numbers: ER20–647–001. Commission’s eLibrary system by LLC. Applicants: Midcontinent clicking on the links or querying the Description: Report Filing: 2019 Cash Independent System Operator, Inc. docket number. Out Filing. Description: Tariff Amendment: Any person desiring to intervene or _ Filed Date: 1/29/20. 2020–02–05 Amendment to MISO PJM protest in any of the above proceedings Accession Number: 20200129–5003. JOA Constraint Relaxation Filing to be must file in accordance with Rules 211 Comments Due: 5 p.m. ET 2/10/20. effective 2/18/2020. and 214 of the Commission’s Filed Date: 2/5/20. Docket Numbers: RP19–1426–003. Regulations (18 CFR 385.211 and Applicants: National Fuel Gas Supply Accession Number: 20200205–5114. 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 2/26/20. Corporation. Time on the specified comment date. Description: Compliance filing Motion Docket Numbers: ER20–648–001. Protests may be considered, but to Place Revised Suspended Tariff Applicants: PJM Interconnection, intervention is necessary to become a Records into Effect to be effective 2/1/ L.L.C. party to the proceeding. 2020. Description: Tariff Amendment: eFiling is encouraged. More detailed Filed Date: 1/29/20. Amendment to Dec 19, 2019 Filing of information relating to filing Accession Number: 20200129–5060. Rev to MISO–PJM JOA re Constraint requirements, interventions, protests, Comments Due: 5 p.m. ET 2/10/20. Relaxation to be effective 2/18/2020. service, and qualifying facilities filings Docket Numbers: RP20–454–000. Filed Date: 2/5/20. can be found at: http://www.ferc.gov/ Applicants: Southern Star Central Gas Accession Number: 20200205–5099. docs-filing/efiling/filing-req.pdf. For Pipeline, Inc. Comments Due: 5 p.m. ET 2/26/20. other information, call (866) 208–3676 Description: § 4(d) Rate Filing: Vol. 2- Docket Numbers: ER20–780–001. (toll free). For TTY, call (202) 502–8659. Applicants: Sooner Wind, LLC. Negotiated Rate Agreement—Scout Description: Tariff Amendment: Dated: February 5, 2020. Energy Group III to be effective 2/1/ Sooner Wind, LLC Amendment to the Kimberly D. Bose, 2020. Application for Market-Based Rates to Secretary. Filed Date: 1/29/20. be effective 3/14/2020. [FR Doc. 2020–02905 Filed 2–12–20; 8:45 am] Accession Number: 20200129–5014. Filed Date: 2/4/20. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 2/10/20. Accession Number: 20200204–5115. Docket Numbers: RP20–455–000. Comments Due: 5 p.m. ET 2/25/20. Applicants: Transcontinental Gas Docket Numbers: ER20–955–000. DEPARTMENT OF ENERGY Pipe Line Company, LLC. Applicants: PJM Interconnection, Description: § 4(d) Rate Filing: Federal Energy Regulatory L.L.C. Priority of Service—Clarification and Commission Description: § 205(d) Rate Filing: Rev Clean-Up to be effective 2/29/2020. to Tariff and OA re Parameter Limited Combined Notice of Filings Filed Date: 1/29/20. Schedules to be effective 4/6/2020. Accession Number: 20200129–5057. Filed Date: 2/4/20. Take notice that the Commission has Comments Due: 5 p.m. ET 2/10/20. Accession Number: 20200204–5104. received the following Natural Gas Docket Numbers: RP20–456–000. Comments Due: 5 p.m. ET 2/25/20. Pipeline Rate and Refund Report filings: Applicants: El Paso Natural Gas Docket Numbers: ER20–956–000. Docket Number: PR20–26–000. Company, L.L.C. Applicants: Thunderhead Wind Applicants: Columbia Gas of Description: § 4(d) Rate Filing: Energy LLC. Maryland, Inc. Negotiated Rate Agreement Update

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(Conoco Feb 20) to be effective 2/1/ 385.214) on or before 5:00 p.m. Eastern with hinged flashboards, (ii) a 730-foot- 2020. time on the specified date(s). Protests long overflow section with an inflatable Filed Date: 1/29/20. may be considered, but intervention is bladder, (iii) 25-foot-wide sluice section; Accession Number: 20200129–5063. necessary to become a party to the (iv) a non-overflow section; and (v) a Comments Due: 5 p.m. ET 2/10/20. proceeding. headworks containing 11 headgates that Docket Numbers: RP20–457–000. eFiling is encouraged. More detailed regulate flow into a forebay; (2) a 1,310- Applicants: Algonquin Gas information relating to filing acre impoundment extending about 12 Transmission, LLC. requirements, interventions, protests, miles upstream; (3) two powerhouses Description: § 4(d) Rate Filing: service, and qualifying facilities filings adjacent to the forebay, separated by a Negotiated Rates—Boston Gas 510798 can be found at: http://www.ferc.gov/ 10-foot-high by 7-foot-wide Tainter gate releases eff 2–1–2020 to be effective 2/ docs-filing/efiling/filing-req.pdf. For and a 6-foot-high by 6-foot-wide deep 1/2020. other information, call (866) 208–3676 gate; (4) eight turbine-generating units; Filed Date: 1/29/20. (toll free). For TTY, call (202) 502–8659. (5) a 300-foot-long tailrace; (6) 250-foot- Accession Number: 20200129–5068. Dated: February 3, 2020. long generator leads connecting the Comments Due: 5 p.m. ET 2/10/20. Kimberly D. Bose, powerhouses with a substation; and (7) appurtenant facilities. Docket Numbers: RP20–458–000. Secretary. Applicants: Algonquin Gas Brookfield operates the project in a [FR Doc. 2020–02896 Filed 2–12–20; 8:45 am] run-of-river mode and implements Transmission, LLC. BILLING CODE 6717–01–P Description: § 4(d) Rate Filing: specific operating procedure to facilitate Negotiated Rates—Boston Gas 510807 upstream and downstream fish passage releases eff 2–1–2020 to be effective 2/ DEPARTMENT OF ENERGY at the project. Upstream passage for 1/2020. American eel is provided by a dedicated Filed Date: 1/29/20. Federal Energy Regulatory eel passage facility located adjacent to Accession Number: 20200129–5073. Commission one of the powerhouses. There are no Comments Due: 5 p.m. ET 2/10/20. constructed upstream anadromous [Project No. 2322–069] fishways at the project. Currently Docket Numbers: RP20–459–000. anadromous fish are captured and Applicants: Algonquin Gas Brookfield White Pine Hydro LLC; transported upstream of the Shawmut Transmission, LLC. Notice of Application Tendered for Project via a fish lift and transport Description: § 4(d) Rate Filing: Filing With the Commission and system at the Lockwood Dam Negotiated Rates—Boston Gas 511109 Establishing Procedural Schedule for Hydroelectric Project No. 2574, located releases eff 2–1–2020 to be effective 2/ Licensing and Deadline for about 6 miles downstream. Downstream 1/2020. Submission of Final Amendments fish passage for American eel and Filed Date: 1/29/20. anadromous fish at the Shawmut Project Accession Number: 20200129–5106. Take notice that the following is provided via a combination of routing Comments Due: 5 p.m. ET 2/10/20. hydroelectric application has been filed with the Commission and is available flows through the project’s spillways, Docket Numbers: RP20–460–000. for public inspection. turbines, and other flow regulating Applicants: Cameron Interstate a. Type of Application: New Major equipment (e.g., Tainter gate between Pipeline, LLC. License. the powerhouses). Description: § 4(d) Rate Filing: Rate b. Project No.: 2322–069. l. Locations of the Application: A Schedule PAL, Tariff Updates, and c. Date Filed: January 31, 2020. copy of the application is available for Housekeeping Revisions to be effective d. Applicant: Brookfield White Pine review at the Commission in the Public 3/1/2020. Hydro LLC (Brookfield). Reference Room or may be viewed on Filed Date: 1/29/20. e. Name of Project: Shawmut the Commission’s website at http:// Accession Number: 20200129–5119. Hydroelectric Project. www.ferc.gov using the ‘‘eLibrary’’ link. Comments Due: 5 p.m. ET 2/10/20. f. Location: The existing project is Enter the docket number excluding the Docket Numbers: RP20–461–000. located on the Kennebec River in last three digits in the docket number Applicants: Kinder Morgan Illinois Kennebec and Somerset Counties, field to access the document. For Pipeline LLC. Maine. The project does not affect assistance, please contact FERC Online Description: Compliance filing federal lands. Support at FERCOnlineSupport@ Penalty Revenue Annual Report for g. Filed Pursuant to: Federal Power ferc.gov, (866) 208–3676 (toll free), or 2019. Act, 16 U.S.C. 791 (a)–825(r). (202) 502–8659 (TTY). Filed Date: 1/29/20. h. Applicant Contact: Frank Dunlap, m. You may also register online at Accession Number: 20200129–5136. 150 Main Street, Lewiston, Maine http://www.ferc.gov/docs-filing/ Comments Due: 5 p.m. ET 2/10/20. 04240; (207) 755–5603. esubscription.asp to be notified via The filings are accessible in the i. FERC Contact: Matt Cutlip, (503) email of new filings and issuances Commission’s eLibrary system by 552–2762 or [email protected]. related to this or other pending projects. clicking on the links or querying the j. This application is not ready for For assistance, contact FERC Online docket number. environmental analysis at this time. Support. Any person desiring to intervene or k. Project Description: The project n. Procedural Schedule: The protest in any of the above proceedings consists of the following constructed application will be processed according must file in accordance with Rules 211 facilities: (1) A 24-foot-high, 1,480-foot- to the following preliminary Hydro and 214 of the Commission’s long concrete gravity dam consisting of: Licensing Schedule. Revisions to the Regulations (18 CFR 385.211 and (i) A 380-foot-long overflow section schedule may be made as appropriate.

Milestone Target date

Notice of Acceptance/Notice of Ready for Environmental Analysis ...... March 2020.

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Milestone Target date

Filing of recommendations, preliminary terms and conditions, and fishway prescriptions ...... May 2020. Commission issues Draft Environmental Assessment (EA) ...... November 2020. Comments on Draft EA ...... December 2020. Modified terms and conditions ...... February 2021. Commission issues Final EA ...... May 2021.

o. Final amendments to the The Commission encourages natural gas facilities in McKean and application must be filed with the electronic submission of protests and Potter Counties; install new compressor Commission no later than thirty (30) interventions in lieu of paper using the stations in McKean and Clinton days from the issuance date of the ‘‘eFiling’’ link at http://www.ferc.gov. Counties; abandon existing pipeline notice of ready for environmental Persons unable to file electronically facilities in Cameron, Clearfield, Elk, analysis. should submit an original and 14 copies and Potter Counties; and abandon an Dated: February 5, 2020. of the protest or intervention to the existing compressor station in Potter Kimberly D. Bose, Federal Energy Regulatory Commission, County (all in Pennsylvania), to 888 First Street NE, Washington, DC modernize National Fuel’s existing Secretary. 20426. transmission system and provide an [FR Doc. 2020–02900 Filed 2–12–20; 8:45 am] This filing is accessible on-line at additional 330,000 dekatherms per day BILLING CODE 6717–01–P http://www.ferc.gov, using the (Dth/d) of incremental natural gas ‘‘eLibrary’’ link and is available for transportation capacity to Transco. review in the Commission’s Public Transco requests authorization to DEPARTMENT OF ENERGY Reference Room in Washington, DC construct, operate, and maintain new Federal Energy Regulatory There is an ‘‘eSubscription’’ link on the natural gas facilities in Clinton and Commission website that enables subscribers to Lycoming Counties; install new receive email notification when a compressor stations in Luzerne and [Docket No. TX20–1–000] document is added to a subscribed Schuylkill Counties; add additional docket(s). For assistance with any FERC compression at existing compressor City of Boulder, Colorado; Notice of Online service, please email stations in Wyoming and Columbia Filing [email protected], or call Counties; and abandon an existing Take notice that on February 6, 2020, (866) 208–3676 (toll free). For TTY, call pipeline in Clinton County (all in pursuant to sections 210 and 212 of the (202) 502–8659. Pennsylvania), to provide 582,400 Dth/ Federal Power Act,1 and Rules 204 and Comment Date: 5:00 p.m. Eastern d of firm natural gas transportation 206 of the Commission’s Rules of Time on February 27, 2020. service from shale producing areas in Practice and Procedure,2 City of Dated: February 7, 2020. northern and western Pennsylvania to Boulder, Colorado (the City) filed an Kimberly D. Bose, Transco’s industrial, commercial, and application for an order directing Public Secretary. residential customers in the eastern Service Company of Colorado to [FR Doc. 2020–02904 Filed 2–12–20; 8:45 am] United States. establish interconnections on just, The EA assesses the potential BILLING CODE 6717–01–P reasonable, and non-discriminatory environmental effects of the terms and conditions between its construction and operation of the transmission system and the electric DEPARTMENT OF ENERGY Projects in accordance with the distribution system that the City requirements of the National proposes to acquire from Xcel Energy. Federal Energy Regulatory Environmental Policy Act of 1969 Any person desiring to intervene or to Commission (NEPA). The FERC staff concludes that protest this filing must file in approval of the proposed Projects, with accordance with Rules 211 and 214 of [Docket Nos. CP19–491–000; CP19–494– 000] appropriate mitigating measures, would the Commission’s Rules of Practice and not constitute a major federal action Procedure (18 CFR 385.211 and National Fuel Gas Supply Corporation; significantly affecting the quality of the 385.214). Protests will be considered by Transcontinental Gas Pipe Line human environment. the Commission in determining the Company, LLC; Notice of Availability The U.S. Army Corps of Engineers appropriate action to be taken, but will of the Environmental Assessment for (Baltimore and Pittsburgh Districts) and not serve to make protestants parties to the Proposed Fm100 and Leidy South the U.S. Environmental Protection the proceeding. Any person wishing to Projects Agency participated as cooperating become a party must file a notice of agencies in the preparation of the EA. intervention or motion to intervene, as The staff of the Federal Energy Cooperating agencies have jurisdiction appropriate. Such notices, motions, or Regulatory Commission (FERC or by law or special expertise with respect protests must be filed on or before the Commission) has prepared an to resources potentially affected by the comment date. Anyone filing a motion environmental assessment (EA) for the proposal and participate in the NEPA to intervene or protest must serve a copy FM100 Project and the Leidy South analysis. of that document on the Applicant. On Project (collectively referred to as the The Projects would include the or before the comment date, it is not Projects), proposed by National Fuel Gas following facilities (all located in necessary to serve motions to intervene Supply Corporation (National Fuel) and Pennsylvania): or protests on persons other than the Transcontinental Gas Pipe Line FM100 Project Applicant. Company, LLC (Transco), respectively, in the above-referenced dockets. • Approximately 29.5 miles of new 1 16 U.S.C. 824i and 824k. National Fuel requests authorization to 20-inch-diameter pipeline in McKean 2 18 CFR 385.204 and 385.206. construct, operate, and maintain new and Potter Counties (Line YM58);

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• approximately 1.4 miles of new 24- Compressor Station 610 in Columbia available to assist you at (866) 208–3676 inch-diameter pipeline loop 1 in Potter County; or [email protected]. County (Line YM224); • a new 46,930-hp compressor station (1) You can file your comments • approximately 0.4 mile of 12-inch- in Luzerne County (Compressor Station electronically using the eComment diameter pipeline extension in McKean 607), including a new 190-foot-tall, free- feature located on the Commission’s County (Line KL Extension); standing communication tower; website (www.ferc.gov) under the link to • a new 15,165-horsepower (hp) • a new 31,871-hp compressor station Documents and Filings. This is an easy compressor station in McKean County in Schuylkill County (Compressor method for submitting brief, text-only (Marvindale Compressor Station); Station 620); and comments on a project; • • a new 22,220-hp compressor station appurtenant facilities including (2) You can also file your comments in Clinton County (Tamarack valves, pig launchers, and pig receivers. electronically using the eFiling feature Compressor Station); Additionally, both National Fuel and on the Commission’s website • a new producer interconnect station Transco propose to use temporary (www.ferc.gov) under the link to in McKean County (Marvindale access roads and staging areas to Documents and Filings. With eFiling, Interconnect); support construction activities and you can provide comments in a variety • a new over pressure protection would establish new permanent access of formats by attaching them as a file (OPP) station in Potter County roads to support operation of the new with your submission. New eFiling facilities. (Carpenter Hollow OPP Station); users must first create an account by The Commission mailed a copy of the • modification of the existing Leidy clicking on ‘‘eRegister.’’ You must select Notice of Availability for the EA to Interconnect LDC 2245 at the Leidy the type of filing you are making. If you federal, state, and local government are filing a comment on a particular Metering and Regulation Station in representatives and agencies; elected Clinton County; project, please select ‘‘Comment on a • officials; environmental and public Filing’’ as the filing type; or appurtenant facilities including interest groups; Native American tribes; valves, pig launchers, pig receivers, and (3) You can file a paper copy of your potentially affected landowners and comments by mailing them to the anode beds; other interested individuals and groups; following address. Be sure to reference • abandonment of approximately 44.9 and newspapers and libraries in the area the Projects’ docket numbers (CP19– miles of 12-inch-diameter pipeline and of the Projects. The EA is only available 491–000 and/or CP19–494–000) with associated appurtenant facilities in in electronic format. It may be viewed your submission: Kimberly D. Bose, Cameron, Clearfield, Elk, and Potter and downloaded from FERC’s website Secretary, Federal Energy Regulatory Counties (Line FM100); (www.ferc.gov), on the Environmental Commission, 888 First Street NE, Room • abandonment of a 1,440-hp Documents page (http://www.ferc.gov/ 1A, Washington, DC 20426 compressor station and associated industries/gas/enviro/eis.asp). In Any person seeking to become a party facilities in Potter County (Costello addition, the EA may be accessed by to the proceeding must file a motion to Compressor Station); and • using the eLibrary link on FERC’s intervene pursuant to Rule 214 of the abandonment of aboveground website. Click on the eLibrary link Commission’s Rules of Practice and piping and measurement and over (https://www.ferc.gov/docs-filing/ Procedures (18 CFR 385.214). Motions pressurization equipment in Potter elibrary.asp), click on General Search, to intervene are more fully described at County (Station WHP–MS–4317X). and enter the docket number in the https://www.ferc.gov/resources/guides/ Leidy South Project ‘‘Docket Number’’ field, excluding the how-to/intervene.asp. Only intervenors last three digits (i.e., CP19–491 and/or have the right to seek rehearing or • Approximately 6.3 miles of new 36- CP19–494). Be sure you have selected judicial review of the Commission’s inch-diameter pipeline and associated an appropriate date range. For decision. The Commission may grant abandonment by removal of assistance, please contact FERC Online affected landowners and others with approximately 5.8 miles of existing Support at: [email protected] environmental concerns intervenor 23.375-inch-diameter pipeline Leidy or toll free at (866) 208–3676, or for status upon showing good cause by Line A in Clinton County (Hensel TTY, contact (202) 502–8659. stating that they have a clear and direct Replacement); Any person wishing to comment on interest in this proceeding which no • approximately 2.4 miles of new 36- the EA may do so. Your comments other party can adequately represent. inch-diameter pipeline looping in should focus on the potential Simply filing environmental comments Clinton County (Hilltop Loop); environmental effects, reasonable will not give you intervenor status, but • approximately 3.5 miles of new 42- alternatives, and measures to avoid or you do not need intervenor status to inch-diameter pipeline looping in lessen environmental impacts. The more have your comments considered. Lycoming County (Benton Loop), specific your comments, the more useful Additional information about the including a new 90-foot-tall they will be. To ensure that the Projects is available from the communication tower; • Commission has the opportunity to Commission’s Office of External Affairs, uprate of the two existing consider your comments prior to at (866) 208–FERC, or on the FERC compressor units to increase total hp making its decision on the Projects, it is website (www.ferc.gov) using the from 30,000 hp to 42,000 hp at important that the Commission receive eLibrary link. The eLibrary link also Compressor Station 605 in Wyoming your comments on or before 5:00 p.m. provides access to the texts of formal County; • Eastern Time on March 9, 2020. documents issued by the Commission, uprate of the two existing For your convenience, there are three such as orders, notices, and compressor units to increase total hp methods you can use to file your rulemakings. from 40,000 hp to 42,000 hp and install comments with the Commission. In all In addition, the Commission offers a a new 31,871-hp compressor unit at instances, please reference the Project free service called eSubscription that docket numbers (CP19–491–000 and/or allows you to keep track of all formal 1 A loop is a segment of pipe that is usually issuances and submittals in specific installed adjacent to an existing pipeline and CP19–494–000) with your submission. connected to it at both ends. The loop allows more The Commission encourages electronic dockets. This can reduce the amount of gas to be moved through the system filing of comments and has expert staff time you spend researching proceedings

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by automatically providing you with meeting via phone-bridge for a fee. If Affairs: [email protected]. notification of these filings, document you have any questions, visit http:// Attention: Federal Energy Regulatory summaries, and direct links to the www.CapitolConnection.org or call (703) Commission Desk Officer. documents. Go to http://www.ferc.gov/ 993–3100. Transcripts of the technical A copy of the comments should also docs-filing/esubscription.asp. conference will be available for a fee be sent to the Commission, in Docket Dated: February 7, 2020. from Ace-Federal Reporters, Inc. at (202) No. IC19–32–000, by either of the following methods: Kimberly D. Bose, 347–3700. Commission conferences are • eFiling at Commission’s Website: Secretary. accessible under section 508 of the http://www.ferc.gov/docs-filing/ [FR Doc. 2020–02902 Filed 2–12–20; 8:45 am] Rehabilitation Act of 1973. For efiling.asp. BILLING CODE 6717–01–P accessibility accommodations, please • Mail/Hand Delivery/Courier: send an email to [email protected] Federal Energy Regulatory Commission, or call toll free 1 (866) 208–3372 (voice) Secretary of the Commission, 888 First DEPARTMENT OF ENERGY or (202) 502–8659 (TTY), or send a fax Street NE, Washington, DC 20426. to (202) 208–2106 with the required Instructions: All submissions must be Federal Energy Regulatory formatted and filed in accordance with Commission accommodations. For more information about this submission guidelines at: http:// [Docket No. AD20–7–000] technical conference, please contact www.ferc.gov/help/submission- Lodie White (202) 502–8453, guide.asp. For user assistance contact Reliability Technical Conference; [email protected]. For information FERC Online Support by email at Notice of Technical Conference related to logistics, please contact Sarah [email protected], or by phone at: (866) 208–3676 (toll-free), or (202) Take notice that the Federal Energy McKinley at (202) 502–8368, [email protected]. 502–8659 for TTY. Regulatory Commission (Commission) Docket: Users interested in receiving will hold a Technical Conference on Dated: February 3, 2020. automatic notification of activity in this Thursday, June 25, 2020, from 9:00 a.m. Kimberly D. Bose, docket or in viewing/downloading to 5:00 p.m. This Commissioner-led Secretary. comments and issuances in this docket conference will be held in the [FR Doc. 2020–02897 Filed 2–12–20; 8:45 am] may do so at http://www.ferc.gov/docs- Commission Meeting Room at the BILLING CODE 6717–01–P filing/docs-filing.asp. Federal Energy Regulatory Commission, FOR FURTHER INFORMATION CONTACT: 888 First Street, NE, Washington, DC Ellen Brown may be reached by email 20426. The purpose of the conference is DEPARTMENT OF ENERGY at [email protected], by to discuss policy issues related to the telephone at (202) 502–8663, and by fax reliability of the Bulk-Power System. Federal Energy Regulatory at (202) 273–0873. The Commission will issue an agenda at Commission a later date in a supplemental notice. SUPPLEMENTARY INFORMATION: [Docket No. IC19–32–000] The conference will be open for the Title: FERC–725M (Mandatory public to attend. There is no fee for Reliability Standards: Generator Commission Information Collection Requirements at the Transmission attendance. However, members of the Activities (FERC–725M); Comment public are encouraged to preregister Interface). Request; Extension OMB Control No.: 1902–0263. online at: https://www.ferc.gov/whats- Type of Request: Three-year extension new/registration/06-25-20-form.asp. AGENCY: Federal Energy Regulatory Commission. of the FERC–725M with no updates to This conference will focus on the current reporting requirements. reliability-related issues for the bulk ACTION: Notice of information collection Abstract: On August 27, 2019, the power system, including: (1) The and request for comments. Commission published a Notice in the changing resource mix; (2) inverter- SUMMARY: In compliance with the Federal Register in Docket No. IC19– based resources and inverter-connected 32–000 requesting public comments. distributed energy resources; and (3) requirements of the Paperwork Reduction Act of 1995, the Federal The Commission received no comments cybersecurity. Those wishing to be and noting that in the related submittal considered for participation in panel Energy Regulatory Commission (Commission or FERC) is soliciting to OMB. discussions should submit nominations On September 19, 2013, the no later than close of business on March public comment on the currently approved information collection, FERC– Commission issued Order No. 785, 27, 2020 online at: https://www.ferc.gov/ Docket No. RM12–16–000, a Final Rule 1 whats-new/registration/06-25-20- 725M (Mandatory Reliability Standards: Generator Requirements at the approving modifications to four existing speaker-form.asp. Reliability Standards submitted by the Information on this event will be Transmission Interface) and submitting the information collection to the Office North American Electric Reliability posted on the Calendar of Events on the Corporation (NERC), the Commission Commission’s website, http:// of Management and Budget (OMB) for review. Any interested person may file certified Electric Reliability www.ferc.gov, prior to the event. The Organization. Specifically, the conference will also be webcast and comments directly with OMB and should address a copy of those Commission approved Reliability transcribed. Anyone with internet Standards FAC–001–1 (Facility access who desires to listen to this event comments to the Commission as explained below. Connection Requirements), FAC–003–3 can do so by navigating to the Calendar (Transmission Vegetation Management), of Events at http://www.ferc.gov and DATES: Comments on the collection of PRC–004–2.1a (Analysis and Mitigation locating this event in the Calendar. The information are due by March 16, 2020. of Transmission and Generation event will contain a link to the webcast. ADDRESSES: Comments filed with OMB, Protection System Misoperations), and The Capitol Connection provides identified by the OMB Control No. technical support for webcasts and 1902–0263, should be sent via email to 1 Generator Requirements at the Transmission offers the option of listening to the the Office of Information and Regulatory Interface, 144 FERC ¶ 61,221 (2013).

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PRC–005–1.1b (Transmission and to the current Minimum Vegetation (1) Adjusting the burden in FAC–003– Generation Protection System Clearance Distances (MVCDs) in 4 to reflect the latest number of Maintenance and Testing).2 The Reliability Standard FAC–003–3 based applicable entities based on the NERC modifications improved reliability on additional testing regarding the Compliance Registry as of July 26, 2019. either by extending applicability of the appropriate gap factor to be used to (2) Making a program change to Reliability Standard to certain generator calculate clearance distances for administratively remove all one-time interconnection facilities, or by vegetation. NERC explained that burden 3 that is being inadvertently clarifying that the existing Reliability Reliability Standard FAC–003–4 counted in FERC–725M and FERC– Standard is and remains applicable to includes higher and more conservative 725D. generator interconnection facilities. MVCD values and, therefore, Type of Respondents: Transmission On April 26, 2016, a Delegated Letter maintained that these revisions would Owner (TO); Generator Owner (GO); and Order was issued, Docket No. RD16–4– enhance reliability and provide Regional Entity (RE). 000, approving proposed Reliability additional confidence by applying a Estimate of Annual Burden.4 The Standard FAC–003–4 (Transmission more conservative approach to Commission estimates the annual public Vegetation Management). Reliability determining the vegetation clearing reporting burden and cost 5 for the Standard FAC–003–4 reflected revisions distances. In FERC–725M we are: information collection as:

FERC–725M, MANDATORY RELIABILITY STANDARDS: FAC–003–4 (TRANSMISSION VEGETATION MANAGEMENT

Annual Average Total annual Number of number of Total number burden hours burden hours Cost per 6 responses respondents per of responses & cost per & total annual respondent respondent response cost

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

FAC–003–4 (Transmission Vegetation Management)

Generator Owners, Regional Entities: 101 7 4 404 0.25 hrs.; 101 hrs.; $68.00 Quarterly Reporting (Compliance 1.4). $17.00. $6,868.00. Generator Owners: Annual Veg. inspect. 95 1 95 2 hrs.; 190 hrs.; 136.00 Doc. (M6); Work Plan (M7); Evidence of $136.00. $12,920.00. Mgt. of Veg. (M1 & M2); Confirmed Veg. Condition (M4); & Corrective Action (M5). Generator Owners, Transmission Owners: 423 1 423 1 hr.; $68.00 423 hrs.; 68.00 Record Retention (Compliance 1.2). $28,764.00.

TOTAL ...... 922 ...... 714 hrs.: 272.00 $48,552.00.

Comments: Comments are invited on: validity of the methodology and Dated: February 3, 2020. (1) Whether the collection of assumptions used; (3) ways to enhance Kimberly D. Bose, information is necessary for the proper the quality, utility and clarity of the Secretary. performance of the functions of the information collection; and (4) ways to [FR Doc. 2020–02895 Filed 2–12–20; 8:45 am] Commission, including whether the minimize the burden of the collection of BILLING CODE 6717–01–P information will have practical utility; information on those who are to (2) the accuracy of the agency’s respond, including the use of automated estimates of the burden and cost of the collection techniques or other forms of collection of information, including the information technology.

2 The burden is included in information with FAC–001–3 in this collection was removed in 22.htm) and updated March 2019 for benefits collection FERC–725M. 2015. The burden in FAC–001–3 was transferred in information (at http://www.bls.gov/news.release/ The burdens related to previous versions of 2015 to FERC–725D (OMB Control Number 1902– ecec.nr0.htm). The hourly estimates for salary plus Reliability Standards mentioned in the Final Rule: 0247). benefits are: FAC–001–0 (Facility Connection Requirements); See the November 6, 2014 Delegated Letter Order, —Manager (code 11–0000), $95.24 FAC–003–2 (Transmission Vegetation Docket No. RD14–12–000, approving Reliability —Information and Records Clerks (code 43– Management); PRC–004–2a (Analysis and Standard FAC–001–2 and Order No. 836, Balancing 4199), $40.84 Mitigation of Transmission and Generation Authority Control, Inadvertent Interchange, and —Electrical Engineer (code 17–2071), $68.17 Protection System Misoperations); and PRC–005–1b Facility Interconnection Reliability Standards, 160 The average hourly burden cost for this collection (Transmission and Generation Protection System FERC ¶ 61,070 (2017), approving Reliability is $68.08 [($95.24 + $40.84 + $68.17)/3 = $68.08)] Maintenance and Testing) are included in FERC– Standard FAC–001–3. and is rounded to $68.00 an hour. 725A (Mandatory Reliability Standards for the 4 Burden is defined as the total time, effort, or 6 According to the NERC Compliance Registry as Bulk-Power System, OMB Control No. 1902–0244). financial resources expended by persons to of July 26, 2019, there are 946 generator owners and The Final Rule states the modifications included generate, maintain, retain, or disclose or provide 328 transmission owners registered in North in PRC–004–2.1a and PRC–005–1.1b are information to or for a federal agency. See 5 CFR America. We estimate that approximately 10 clarifications of existing requirements, do not 1320 for additional information on the definition of percent (or 95) of these generator owners have extend those existing requirements to any new information collection burden. interconnection facilities that are applicable to the entity or to additional facilities, and do not affect 5 The estimated hourly cost (salary plus benefits) standard. the existing burden related to those standards. are based on the figures for May 2018 posted by the 7 The estimated number of respondents (101) 3 One-time burden is typically performed in the Bureau of Labor Statistics for the Utilities sector includes 95 generator owners and 6 Regional first year of implementation. All burden associated (available at http://www.bls.gov/oes/current/naics2_ Entities.

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ENVIRONMENTAL PROTECTION days following the date of publication of Fax: 202–566–1752. AGENCY this document, EPA will accept written Mail: OMS Docket, Environmental comments relating to the settlement. Protection Agency, Mailcode: 2822T, [10005–42–Region 2] EPA will consider all timely comments 1200 Pennsylvania Ave. NW, Proposed CERCLA Cost Recovery received and may modify or withdraw Washington, DC 20460. Hand Delivery: OMS Docket, EPA/DC, Settlement for the Mariners Marsh Site its consent to the settlement if WJC West Building, Room 3334, 1301 on Staten Island, Richmond County, comments received disclose facts or Constitution Ave. NW, Washington, DC. New York considerations that indicate that the proposed settlement is inappropriate, Such deliveries are only accepted AGENCY: Environmental Protection improper, or inadequate. EPA’s during the Docket’s normal hours of Agency. response to any comments received will operation, and special arrangements ACTION: Notice; request for public be available for public inspection at should be made for deliveries of boxed comment. EPA Region 2, 290 Broadway, New information. York, New York 10007–1866. Instructions: Direct your comments to SUMMARY: In accordance with the Docket ID No. OMS–2019–0149. The Comprehensive Environmental Dated: February 4, 2020. EPA’s policy is that all comments Response, Compensation, and Liability Eric J. Wilson, received will be included in the public Act of 1980, as amended (‘‘CERCLA’’), Acting Director, Superfund & Emergency docket without change and may be notice is hereby given by the U.S. Management Division, U.S. Environmental made available online at Environmental Protection Agency Protection Agency, Region 2. www.regulations.gov, including any (‘‘EPA’’), Region 2, of a proposed cost [FR Doc. 2020–02917 Filed 2–12–20; 8:45 am] personal information provided, unless recovery settlement agreement pursuant BILLING CODE 6560–50–P the comment includes information to CERCLA, with the City of New York claimed to be Controlled unclassified (‘‘Settling Party’’) for the Mariners Information (CUI) or other information Marsh Site (‘‘Site’’), located on Staten ENVIRONMENTAL PROTECTION for which disclosure is restricted by Island, Richmond County, New York. AGENCY statute. Do not submit information that DATES: Comments must be submitted on [FRL–10005–01–OMS] you consider to be CUI or otherwise or before March 16, 2020. protected through www.regulations.gov. The www.regulations.gov website is an ADDRESSES: The proposed settlement is Privacy Act of 1974; System of available for public inspection at EPA Records ‘‘anonymous access’’ system for EPA, which means the EPA will not know Region 2 offices at 290 Broadway, New AGENCY: Office of Mission Support, York, New York 10007–1866. Comments your identity or contact information Environmental Protection Agency unless you provide it in the body of should reference the Mariners Marsh (EPA). your comment. However, over 179 Park Site, Staten Island, Richmond ACTION: Notice of a Modified System of federal agencies use County, New York, Index No. II– Records. www.regulations.gov and some may CERCLA–02–2019–2002. To request a require Personally Identifiable copy of the proposed settlement SUMMARY: The U.S. Environmental Information (PII) and some may not. agreement, please contact the EPA Protection Agency’s (EPA) Office of Air Each agency determines submission employee identified below. and Radiation, Office of Transportation requirements within their own internal FOR FURTHER INFORMATION CONTACT: and Air Quality (OTAQ), is giving processes and standards. EPA has no Henry Guzman, Attorney, Office of notice that it proposes to modify the requirement of personal information. If Regional Counsel, New York/Caribbean Engines and Vehicles—Compliance you send an email comment directly to Superfund Branch, U.S. Environmental Information System (EV–CIS), EPA–65 the EPA without going through Protection Agency, 290 Broadway, 17th system of records pursuant to the www.regulations.gov your email address Floor, New York, NY 10007–1866. provisions of the Privacy Act of 1974. will be automatically captured and Email: [email protected] Engines and Vehicles—Compliance included as part of the comment that is Telephone: 212–637–3166. Information System (EV–CIS) is being placed in the public docket and made SUPPLEMENTARY INFORMATION: The modified to change the location of the available on the internet. If you submit Settling Party agrees to pay electronic files. This system of records an electronic comment, the EPA $2,347,000.00 to the EPA Hazardous contains personally identifiable recommends that you include your Substance Superfund in reimbursement information (PII) collected from owners name and other contact information in of EPA’s past response costs paid at or of motor vehicles who wish to the body of your comment. If the EPA in connection with the Site from EPA’s temporarily import their vehicle into the cannot read your comment due to initial involvement at the Site through United States for personal use and who technical difficulties and cannot contact to the effective date. The payment are not residents of the United States. you for clarification, the EPA may not represents reimbursement of 70% of DATES: Persons wishing to comment on be able to consider your comment. EPA’s total costs incurred (totaling this system of records notice must do so Electronic files should avoid the use of $3,330,365.26), including costs by March 16, 2020. [New/Modified] special characters, any form of associated with the excavation, routine uses for this [new/modified] encryption, and be free of any defects or stockpiling, transport, and disposal of system of records will be effective viruses. For additional information contaminated soils at the Site. The March 16, 2020. about the EPA’s public docket visit the settlement includes a covenant by EPA ADDRESSES: Submit your comments, EPA Docket Center homepage at http:// not to sue or to take administrative identified by Docket ID No. OMS–2019– www.epa.gov/epahome/dockets.htm. action against the Settling Party 0149, by one of the following methods: Docket: All documents in the docket pursuant to section 107(a) of CERCLA, Regulations.gov: www.regulations.gov are listed in the www.regulations.gov 42 U.S.C. 9607(a), regarding the past Follow the online instructions for index. Although listed in the index, response costs as defined in the submitting comments. some information is not publicly settlement agreement. For thirty (30) Email: [email protected]. available, e.g., CUI or other information

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for which disclosure is restricted by The information that will be CHANGES IN THE MEETING: The meeting statute. Certain other material, such as maintained regarding program was rescheduled for Thursday, February copyrighted material, will be publicly participants includes the vehicle 13, 2020 at 10:00 a.m. available only in hard copy. Publicly owner’s name, address, phone number, CONTACT PERSON FOR MORE INFORMATION: available docket materials are available email address and vehicle identification Judith Ingram, Press Officer. Telephone: either electronically in number (VIN). The electronic (202) 694–1220. www.regulations.gov or in hard copy at information is contained in the EV–CIS the OMS Docket, EPA/DC, WJC West system located in Research Triangle Vicktoria J. Allen, Building, Room 3334, 1301 Constitution Park, North Carolina and paper files at Acting Deputy Secretary of the Commission. Ave. NW, Washington, DC. The Public EPA’s National Vehicle and Fuel [FR Doc. 2020–02970 Filed 2–11–20; 11:15 am] Reading Room is open from 8:30 a.m. to Emissions Laboratory in Ann Arbor, BILLING CODE 6715–01–P 4:30 p.m., Monday through Friday Michigan. Only contractor employees excluding legal holidays. The telephone and EPA employees administering the number for the Public Reading Room is program have access to the information FEDERAL RESERVE SYSTEM (202) 566–1744, and the telephone contained in the database. Files number for the OMS Docket is (202) containing personal information are Formations of, Acquisitions by, and 566–1752. kept in locked filing cabinets. Physical Mergers of Bank Holding Companies FOR FURTHER INFORMATION CONTACT: access to the filing cabinets is limited to The companies listed in this notice Holly Pugliese, Compliance Division, authorized personnel employees with have applied to the Board for approval, Office of Transportation and Air building key cards. pursuant to the Bank Holding Company Quality, U.S. Environmental Protection SYSTEM NAME AND NUMBER: Act of 1956 (12 U.S.C. 1841 et seq.) Agency, 2000 Traverwood, Ann Arbor, (BHC Act), Regulation Y (12 CFR part Michigan 48105; telephone number: Engines and Vehicles—Compliance Information System (EV–CIS), EPA–65 225), and all other applicable statutes 734–214–4288; fax number: 734–214– and regulations to become a bank 4869; email address: pugliese.holly@ SECURITY CLASSIFICATION: holding company and/or to acquire the epa.gov. Unclassified. assets or the ownership of, control of, or SUPPLEMENTARY INFORMATION: The U.S. the power to vote shares of a bank or Environmental Protection Agency (EPA) SYSTEM LOCATION: bank holding company and all of the is amending the Engine and Vehicle US EPA, 109 T.W. Alexander Drive, banks and nonbanking companies Exemptions System (EV–ES) of records. Research Triangle Park, NC 27711 and owned by the bank holding company, The system name is being changed from EPA’s National Vehicle and Fuel including the companies listed below. EV–ES to the Engines and Vehicles— Emissions Laboratory in Ann Arbor, The applications listed below, as well Compliance Information System (EV– Michigan. as other related filings required by the CIS). EV–ES is a subsystem of the EV– SYSTEM MANAGER(S): Board, if any, are available for CIS and is the only subsystem that immediate inspection at the Federal stores personally identifiable Sara Zaremski, Center Director, Data Reserve Bank indicated. The information (PII). The location of the Analysis and Information Center, Office applications will also be available for files has changed and are now stored in of Transportation and Air Quality, 2000 inspection at the offices of the Board of Research Triangle Park, NC. No other Traverwood, Ann Arbor, MI 48105, Governors. Interested persons may elements of the systems of records has 734–214–4362, [email protected]. express their views in writing on the changed. HISTORY: standards enumerated in the BHC Act The information collected in this 79 FR 29761 (May 23, 2014)—Engine (12 U.S.C. 1842(c)). system supports the Imports and Vehicle Exemptions System (EV– Comments regarding each of these Exemptions program under the Clean ES). Creation of a Privacy Act system of applications must be received at the Air Act (CAA) and implementing records for the Engine and Vehicle Reserve Bank indicated or the offices of regulations codified in 40 CFR parts 85 Exemptions System (EV–ES). The the Board of Governors, Ann E. and 1068. The CAA requires information collected in this system Misback, Secretary of the Board, 20th manufacturers of motor vehicles and supports the Imports Exemptions Street and Constitution Avenue NW, engines to design and build vehicles program under the Clean Air Act (CAA) Washington DC 20551–0001, not later that will comply with emissions and implementing regulations codified than March 16, 2020. standards throughout the vehicle’s life in 40 CFR parts 85 and 1068. A. Federal Reserve Bank of span. EPA and Customs and Border Philadelphia (William Spaniel, Senior Protection (CBP) regulations (40 CFR Dated: January 21, 2020. Vice President) 100 North 6th Street, part 85 and 19 CFR 12.73) allow for Vaughn Noga, Philadelphia, Pennsylvania 19105– individuals who are not residents of the Senior Agency Official for Privacy. 1521. Comments can also be sent United States and who reside outside of [FR Doc. 2020–02891 Filed 2–12–20; 8:45 am] electronically to the United States to import on-highway BILLING CODE 6560–50–P [email protected]: vehicles that do not comply with U.S. 1. William Penn, MHC, and William emissions standards (e.g., cars, Penn Bancorp, Inc., both of Bristol, motorcycles or motor homes) for a FEDERAL ELECTION COMMISSION Pennsylvania; to become bank holding period of up to one year for personal companies by acquiring Washington use. Applicants are required to provide Sunshine Act Meetings Savings Bank, Philadelphia, their name, address, phone number or Pennsylvania. email and the vehicle identification FEDERAL REGISTER CITATION OF PREVIOUS 2. William Penn, MHC, and William number (VIN) as part of the application ANNOUNCEMENT: 85 FR 6951. Penn Bancorp, Inc., both of Bristol, process in order for EPA to provide PREVIOUSLY ANNOUNCED TIME AND DATE OF Pennsylvania; to acquire Fidelity approval or denial letters to the THE MEETING: Tuesday, February 11, Savings & Loan Association of Bucks requestors. 2020 at 10:00 a.m. County, Bristol, Pennsylvania.

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B. Federal Reserve Bank of San express their views in writing on the DEPARTMENT OF HEALTH AND Francisco (Applications and standards enumerated in paragraph 7 of HUMAN SERVICES Enforcement Section) 101 Market Street, the Act. San Francisco, California 94105–1579: Comments regarding each of these Centers for Medicare & Medicaid 1. GUVJEC Investment Corporation, applications must be received at the Services Baltimore, Maryland; to become a bank Reserve Bank indicated or the offices of holding company by acquiring the Board of Governors, Ann E. [CMS–9120–N] Farmington Bancorp, Bothell, Misback, Secretary of the Board, 20th Washington, and thereby indirectly Street and Constitution Avenue NW, Medicare and Medicaid Programs; acquire Farmington State Bank, Washington DC 20551–0001, not later Quarterly Listing of Program Farmington, Washington. than March 3, 2020. Issuances—October Through A. Federal Reserve Bank of Atlanta Board of Governors of the Federal Reserve December 2019 System, February 10, 2020. (Kathryn Haney, Assistant Vice President) 1000 Peachtree Street, NE, Michele Taylor Fennell, AGENCY: Centers for Medicare & Atlanta, Georgia 30309. Comments can Assistant Secretary of the Board. Medicaid Services (CMS), HHS. also be sent electronically to [FR Doc. 2020–02921 Filed 2–12–20; 8:45 am] [email protected]: ACTION: Notice BILLING CODE P 1. The Persons Family Trust, Macon Georgia, George Ogden Persons, III, SUMMARY: This quarterly notice lists FEDERAL RESERVE SYSTEM Macon, Georgia, Jim Gillis Persons, CMS manual instructions, substantive Atlanta, Georgia, and Katherine Persons and interpretive regulations, and other Change in Bank Control Notices; Kelly, Richmond, Virginia, as co- Federal Register notices that were Acquisitions of Shares of a Bank or trustees; together with George Ogden published from October through Bank Holding Company Persons, III, Jim Gillis Persons, December 2019, relating to the Medicare Katherine Persons Kelly, Mary K. and Medicaid programs and other The notificants listed below have Persons, Macon, Georgia, James G. programs administered by CMS. applied under the Change in Bank Persons, Jr., Atlanta, Georgia, and Control Act (Act) (12 U.S.C. 1817(j)) and Robert P. Persons and Harper Lee Kelly, FOR FURTHER INFORMATION CONTACT: It is § 225.41 of the Board’s Regulation Y (12 both of Richmond, Virginia; as members possible that an interested party may CFR 225.41) to acquire shares of a bank of a group acting in concert to retain need specific information and not be or bank holding company. The factors voting shares of Persons Banking Co., able to determine from the listed that are considered in acting on the Inc., Macon, Georgia, and thereby information whether the issuance or applications are set forth in paragraph 7 indirectly retain voting shares of of the Act (12 U.S.C. 1817(j)(7)). regulation would fulfill that need. Persons Banking Company, Forsyth, Consequently, we are providing contact The applications listed below, as well Georgia. as other related filings required by the persons to answer general questions Board, if any, are available for Board of Governors of the Federal Reserve concerning each of the addenda immediate inspection at the Federal System, February 10, 2020. published in this notice. Reserve Bank indicated. The Michele Taylor Fennell, applications will also be available for Assistant Secretary of the Board. inspection at the offices of the Board of [FR Doc. 2020–02922 Filed 2–12–20; 8:45 am] Governors. Interested persons may BILLING CODE P

Addenda Contact Phone No.

I CMS Manual Instructions ...... Ismael Torres ...... (410) 786–1864 II Regulation Documents Published in the Federal Register ...... Terri Plumb ...... (410) 786–4481 III CMS Rulings ...... Tiffany Lafferty ...... (410) 786–7548 IV Medicare National Coverage Determinations ...... Wanda Belle, MPA ...... (410) 786–7491 V FDA-Approved Category B IDEs ...... John Manlove ...... (410) 786–6877 VI Collections of Information ...... William Parham ...... (410) 786–4669 VII Medicare-Approved Carotid Stent Facilities ...... Sarah Fulton, MHS ...... (410) 786–2749 VIII American College of Cardiology-National Cardiovascular Data Registry Sites ...... Sarah Fulton, MHS ...... (410) 786–2749 IX Medicare’s Active Coverage-Related Guidance Documents ...... JoAnna Baldwin, MS ...... (410) 786–7205 X One-time Notices Regarding National Coverage Provisions ...... JoAnna Baldwin, MS ...... (410) 786–7205 XI National Oncologic Positron Emission Tomography Registry Sites ...... David Dolan, MBA ...... (410) 786–3365 XII Medicare-Approved Ventricular Assist Device (Destination Therapy) Facilities ...... David Dolan, MBA ...... (410) 786–3365 XIII Medicare-Approved Lung Volume Reduction Surgery Facilities ...... Sarah Fulton, MHS ...... (410) 786–2749 XIV Medicare-Approved Bariatric Surgery Facilities ...... Sarah Fulton, MHS ...... (410) 786–2749 XV Fluorodeoxyglucose Positron Emission Tomography for Dementia Trials ...... David Dolan, MBA ...... (410) 786–3365 All Other Information ...... Annette Brewer ...... (410) 786–6580

SUPPLEMENTARY INFORMATION: and oversight of private health communications with CMS regional insurance. Administration and oversight offices, state governments, state I. Background of these programs involves the Medicaid agencies, state survey The Centers for Medicare & Medicaid following: (1) Furnishing information to agencies, various providers of health Services (CMS) is responsible for Medicare and Medicaid beneficiaries, care, all Medicare contractors that administering the Medicare and health care providers, and the public; process claims and pay bills, National Medicaid programs and coordination and (2) maintaining effective Association of Insurance Commissioners

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(NAIC), health insurers, and other II. Format for the Quarterly Issuance need to check the website, as stakeholders. To implement the various Notices notification of updates is automatic and statutes on which the programs are This quarterly notice provides only sent to the subscriber as they occur. If based, we issue regulations under the the specific updates that have occurred assessing a website proves to be authority granted to the Secretary of the in the 3-month period along with a difficult, the contact person listed can Department of Health and Human hyperlink to the full listing that is provide information. Services under sections 1102, 1871, available on the CMS website or the III. How To Use the Notice 1902, and related provisions of the appropriate data registries that are used This notice is organized into 15 Social Security Act (the Act) and Public as our resources. This is the most addenda so that a reader may access the Health Service Act. We also issue current up-to-date information and will subjects published during the quarter various manuals, memoranda, and be available earlier than we publish our covered by the notice to determine statements necessary to administer and quarterly notice. We believe the website whether any are of particular interest. list provides more timely access for oversee the programs efficiently. We expect this notice to be used in beneficiaries, providers, and suppliers. Section 1871(c) of the Act requires concert with previously published We also believe the website offers a that we publish a list of all Medicare notices. Those unfamiliar with a more convenient tool for the public to manual instructions, interpretive rules, description of our Medicare manuals find the full list of qualified providers statements of policy, and guidelines of should view the manuals at http:// for these specific services and offers www.cms.gov/manuals. general applicability not issued as more flexibility and ‘‘real time’’ regulations at least every 3 months in accessibility. In addition, many of the Dated: January 30, 2020. the Federal Register. websites have listservs; that is, the Kathleen Cantwell public can subscribe and receive Director, Office of Strategic Operations and immediate notification of any updates to Regulatory Affairs. the website. These listservs avoid the BILLING CODE 4120–01–P

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[FR Doc. 2020–02845 Filed 2–12–20; 8:45 am] Written/Paper Submissions www.regulations.gov and insert the BILLING CODE 4120–01–C Submit written/paper submissions as docket number, found in brackets in the follows: heading of this document, into the • Mail/Hand Delivery/Courier (for ‘‘Search’’ box and follow the prompts DEPARTMENT OF HEALTH AND written/paper submissions): Dockets and/or go to the Dockets Management HUMAN SERVICES Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Food and Drug Administration Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. You may submit comments on any [Docket No. FDA–2018–D–2494] • For written/paper comments guidance at any time (see 21 CFR submitted to the Dockets Management 10.115(g)(5)). Peripheral Vascular Atherectomy Staff, FDA will post your comment, as An electronic copy of the guidance Devices—Premarket Notification well as any attachments, except for document is available for download Submissions; Guidance for Industry information submitted, marked and from the internet. See the and Food and Drug Administration identified, as confidential, if submitted SUPPLEMENTARY INFORMATION section for Staff; Availability as detailed in ‘‘Instructions.’’ information on electronic access to the guidance. Submit written requests for a AGENCY: Food and Drug Administration, Instructions: All submissions received single hard copy of the guidance HHS. must include Docket No. FDA–2018–D– document entitled ‘‘Peripheral Vascular ACTION: Notice of availability. 2494 for ‘‘Peripheral Vascular Atherectomy Devices—Premarket Atherectomy Devices—Premarket SUMMARY: The Food and Drug Notification [510(k)] Submissions.’’ Notification [510(k)] Submissions’’ to Administration (FDA or Agency) is Received comments will be placed in the Office of the Center Director, announcing the availability of a final the docket and, except for those Guidance and Policy Development, guidance entitled ‘‘Peripheral Vascular submitted as ‘‘Confidential Center for Devices and Radiological Atherectomy Devices—Premarket Submissions,’’ publicly viewable at Health, Food and Drug Administration, Notification Submissions.’’ This https://www.regulations.gov or at the 10903 New Hampshire Ave., Bldg. 66, guidance provides recommendations for Dockets Management Staff between 9 Rm. 5431, Silver Spring, MD 20993– premarket submissions for a new or a.m. and 4 p.m., Monday through 0002. Send one self-addressed adhesive modified peripheral vascular Friday. label to assist that office in processing atherectomy device. • Confidential Submissions—To your request. DATES: The announcement of the submit a comment with confidential FOR FURTHER INFORMATION CONTACT: guidance is published in the Federal information that you do not wish to be Jhumur Banik, Center for Devices and Register on February 13, 2020. made publicly available, submit your Radiological Health, Food and Drug ADDRESSES: You may submit either comments only as a written/paper Administration, 10903 New Hampshire electronic or written comments on submission. You should submit two Ave., Bldg. 66, Rm. 2223, Silver Spring, Agency guidances at any time as copies total. One copy will include the MD 20993–0002, 240–402–5239. follows: information you claim to be confidential SUPPLEMENTARY INFORMATION: with a heading or cover note that states Electronic Submissions ‘‘THIS DOCUMENT CONTAINS I. Background Submit electronic comments in the CONFIDENTIAL INFORMATION.’’ The Atherectomy is an interventional following way: Agency will review this copy, including procedure performed to remove • Federal eRulemaking Portal: the claimed confidential information, in atherosclerotic plaque from diseased https://www.regulations.gov. Follow the its consideration of comments. The arteries. FDA has developed this instructions for submitting comments. second copy, which will have the guidance for members of industry who Comments submitted electronically, claimed confidential information submit and FDA staff who review including attachments, to https:// redacted/blacked out, will be available premarket submissions for atherectomy www.regulations.gov will be posted to for public viewing and posted on devices used in the peripheral the docket unchanged. Because your https://www.regulations.gov. Submit vasculature. This guidance is intended comment will be made public, you are both copies to the Dockets Management to provide recommendations for solely responsible for ensuring that your Staff. If you do not wish your name and information to include in premarket comment does not include any contact information to be made publicly notifications (510(k)) for peripheral confidential information that you or a available, you can provide this vascular atherectomy devices (e.g., third party may not wish to be posted, information on the cover sheet and not descriptive characteristics, labeling, such as medical information, your or in the body of your comments and you biocompatibility, sterility, non-clinical, anyone else’s Social Security number, or must identify this information as animal, and clinical performance confidential business information, such ‘‘confidential.’’ Any information marked testing). as a manufacturing process. Please note as ‘‘confidential’’ will not be disclosed FDA considered comments received that if you include your name, contact except in accordance with 21 CFR 10.20 on the draft guidance that appeared in information, or other information that and other applicable disclosure law. For the Federal Register of July 27, 2018 (83 identifies you in the body of your more information about FDA’s posting FR 35658). FDA revised the guidance as comments, that information will be of comments to public dockets, see 80 appropriate in response to the posted on https://www.regulations.gov. FR 56469, September 18, 2015, or access comments. • If you want to submit a comment the information at: https:// with confidential information that you www.govinfo.gov/content/pkg/FR-2015- II. Significance of Guidance do not wish to be made available to the 09-18/pdf/2015-23389.pdf. This guidance is being issued public, submit the comment as a Docket: For access to the docket to consistent with FDA’s good guidance written/paper submission and in the read background documents or the practices regulation (21 CFR 10.115). manner detailed (see ‘‘Written/Paper electronic and written/paper comments The guidance represents the current Submissions’’ and ‘‘Instructions’’). received, go to https:// thinking of FDA on ‘‘Peripheral

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Vascular Atherectomy Devices— Health guidance documents is available title to identify the guidance you are Premarket Notification [510(k)] at https://www.fda.gov/MedicalDevices/ requesting. Submissions.’’ It does not establish any DeviceRegulationandGuidance/ IV. Paperwork Reduction Act of 1995 rights for any person and is not binding GuidanceDocuments/default.htm. This on FDA or the public. You can use an guidance document is also available at This guidance refers to previously alternative approach if it satisfies the https://www.regulations.gov. Persons approved collections of information. requirements of the applicable statutes unable to download an electronic copy These collections of information are and regulations. of ‘‘Peripheral Vascular Atherectomy subject to review by the Office of Devices—Premarket Notification Management and Budget (OMB) under III. Electronic Access the Paperwork Reduction Act of 1995 [510(k)] Submissions’’ may send an Persons interested in obtaining a copy (44 U.S.C. 3501–3521). The collections email request to CDRH-Guidance@ of the guidance may do so by of information in the following FDA fda.hhs.gov to receive an electronic downloading an electronic copy from regulations and guidance have been the internet. A search capability for all copy of the document. Please use the approved by OMB as listed in the Center for Devices and Radiological document number 16013 and complete following table:

OMB control 21 CFR part/section or guidance Topic No.

807, subpart E ...... Premarket Notification ...... 0910–0120 812 ...... Investigational Device Exemption ...... 0910–0078 820 ...... Current Good Manufacturing Practice (CGMP); Quality System (QS) Regulation ..... 0910–0073 807, subparts A through D ...... Electronic Submission of Medical Device Registration and Listing ...... 0910–0625 50, 56 ...... Protection of Human Subjects: Informed Consent; Institutional Review Boards ...... 0910–0755 56 ...... Institutional Review Boards ...... 0910–0130 58 ...... Good Laboratory Practice (GLP) Regulations for Nonclinical Laboratory Studies ..... 0910–0119 801.150(a)(2) and (e) ...... Agreement for Shipments of Devices for Sterilization ...... 0910–0131 ‘‘Requests for Feedback on Medical De- Q-submissions ...... 0910–0756 vice Submissions: The Pre-Submission Program and Meetings with Food and Drug Administration Staff ’’.

Dated: February 7, 2020. DATES: Submit either electronic or written/paper submission and in the Lowell J. Schiller, written comments on the draft guidance manner detailed (see ‘‘Written/Paper Principal Associate Commissioner for Policy. by April 13, 2020 to ensure that the Submissions’’ and ‘‘Instructions’’). Agency considers your comment on this [FR Doc. 2020–02871 Filed 2–12–20; 8:45 am] Written/Paper Submissions BILLING CODE 4164–01–P draft guidance before it begins work on the final version of the guidance. Submit written/paper submissions as ADDRESSES: You may submit comments follows: • DEPARTMENT OF HEALTH AND on any guidance at any time as follows: Mail/Hand Delivery/Courier (for HUMAN SERVICES written/paper submissions): Dockets Electronic Submissions Management Staff (HFA–305), Food and Food and Drug Administration Submit electronic comments in the Drug Administration, 5630 Fishers following way: Lane, Rm. 1061, Rockville, MD 20852. • • [Docket No. FDA–2020–D–0064] Federal eRulemaking Portal: https:// For written/paper comments www.regulations.gov. Follow the submitted to the Dockets Management Pre-Submission Consultation Process instructions for submitting comments. Staff, FDA will post your comment, as for Animal Food Additive Petitions or Comments submitted electronically, well as any attachments, except for Generally Recognized as Safe Notices; including attachments, to https:// information submitted, marked and Draft Guidance for Industry; www.regulations.gov will be posted to identified, as confidential, if submitted Availability the docket unchanged. Because your as detailed in ‘‘Instructions.’’ comment will be made public, you are Instructions: All submissions received AGENCY: Food and Drug Administration, solely responsible for ensuring that your must include the Docket No. FDA– HHS. comment does not include any 2020–D–0064 for ‘‘Pre-Submission ACTION: Notice of availability. confidential information that you or a Consultation Process for Animal Food third party may not wish to be posted, Additive Petitions or Generally SUMMARY: The Food and Drug such as medical information, your or Recognized as Safe (GRAS) Notices.’’ Administration (FDA, we, or Agency) is anyone else’s Social Security number, or Received comments will be placed in announcing the availability of a draft confidential business information, such the docket and, except for those guidance for industry (GFI) #262 as a manufacturing process. Please note submitted as ‘‘Confidential entitled ‘‘Pre-Submission Consultation that if you include your name, contact Submissions,’’ publicly viewable at Process for Animal Food Additive information, or other information that https://www.regulations.gov or at the Petitions or Generally Recognized as identifies you in the body of your Dockets Management Staff between 9 Safe (GRAS) Notices.’’ This draft comments, that information will be a.m. and 4 p.m., Monday through guidance document, when finalized, posted on https://www.regulations.gov. Friday. will help industry submit information • If you want to submit a comment • Confidential Submissions—To for effective and efficient consultations with confidential information that you submit a comment with confidential with FDA regarding investigational do not wish to be made available to the information that you do not wish to be animal food substances. public, submit the comment as a made publicly available, submit your

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comments only as a written/paper Submission Consultation Process for IV. Electronic Access submission. You should submit two Animal Food Additive Petitions or Persons with access to the internet copies total. One copy will include the Generally Recognized as Safe (GRAS) may obtain the draft guidance at either information you claim to be confidential Notices.’’ This draft guidance document, https://www.fda.gov/AnimalVeterinary/ with a heading or cover note that states when finalized, will facilitate pre- GuidanceComplianceEnforcement/ ‘‘THIS DOCUMENT CONTAINS submission consultation between FDA GuidanceforIndustry/default.htm or CONFIDENTIAL INFORMATION.’’ The and industry by providing https://www.regulations.gov. Agency will review this copy, including recommendations for submissions to the claimed confidential information, in investigational food additive (IFA) files, Dated: February 6, 2020. its consideration of comments. The circumstances under which the Lowell J. Schiller, second copy, which will have the submission of study protocols is Principal Associate Commissioner for Policy. claimed confidential information recommended, information on FDA’s [FR Doc. 2020–02867 Filed 2–12–20; 8:45 am] redacted/blacked out, will be available review process for IFA submissions, and BILLING CODE 4164–01–P for public viewing and posted on best practices for communication https://www.regulations.gov. Submit between FDA and industry regarding both copies to the Dockets Management these submissions or related issues. DEPARTMENT OF HEALTH AND Staff. If you do not wish your name and Such consultations are intended to HUMAN SERVICES contact information to be made publicly assist industry in complying with Food and Drug Administration available, you can provide this applicable requirements if they proceed information on the cover sheet and not to filing a food additive petition (animal [Docket No. FDA–2020–N–0008] in the body of your comments and you use) or concluding that a substance is must identify this information as GRAS for its intended use in animal Request for Nominations of Individuals ‘‘confidential.’’ Any information marked food. and Industry Organizations for the as ‘‘confidential’’ will not be disclosed Patient Engagement Advisory Development of this guidance is a except in accordance with 21 CFR 10.20 Committee requirement of the Animal Drug and and other applicable disclosure law. For Animal Generic Drug User Fee AGENCY: Food and Drug Administration, more information about FDA’s posting HHS. of comments to public dockets, see 80 Amendments of 2018 (Pub. L. 115–234). ACTION: Notice. FR 56469, September 18, 2015, or access Draft guidance is required to be issued by February 14, 2020, with final the information at: https:// SUMMARY: guidance issuing not later than 1 year The Food and Drug www.govinfo.gov/content/pkg/FR-2015- Administration (FDA) is requesting that 09-18/pdf/2015-23389.pdf. after the close of the comment period on the draft guidance. industry organizations interested in Docket: For access to the docket to participating in the selection of a pool read background documents or the II. Significance of Guidance of nonvoting industry representatives to electronic and written/paper comments serve as temporary nonvoting members received, go to https:// This level 1 draft guidance is being on the Patient Engagement Advisory www.regulations.gov and insert the issued consistent with FDA’s good Committee (the Committee) in the docket number, found in brackets in the guidance practices regulation (21 CFR Center for Devices and Radiological heading of this document, into the 10.115). The draft guidance, when Health notify FDA in writing. FDA is ‘‘Search’’ box and follow the prompts finalized, will represent the current also requesting nominations for and/or go to the Dockets Management thinking of FDA on the pre-submission temporary nonvoting industry Staff, 5630 Fishers Lane, Rm. 1061, consultation process for animal food representatives to be included in a pool Rockville, MD 20852. additive petitions or GRAS notices for of individuals to serve on the You may submit comments on any intended use in animal food. It does not Committee. Nominees recommended to guidance at any time (see 21 CFR establish any rights for any person and serve as a temporary nonvoting industry 10.115(g)(5)). is not binding on FDA or the public. representative may either be self- Submit written requests for single You can use an alternative approach if nominated or nominated by an industry copies of the guidance to the Policy and it satisfies the requirements of the organization. This position may be filled Regulations Staff (HFV–6), Center for applicable statutes and regulations. by representatives from different Veterinary Medicine, Food and Drug III. Paperwork Reduction Act of 1995 medical device areas based on expertise Administration, 7500 Standish Pl., relevant to the topics being considered Rockville, MD 20855. Send one self- This draft guidance refers to by the Committee. Nominations will be addressed adhesive label to assist that previously approved FDA collections of accepted for upcoming vacancies office in processing your requests. See information. These collections of effective with this notice. the SUPPLEMENTARY INFORMATION section information are subject to review by the FDA seeks to include the views of for electronic access to the draft Office of Management and Budget women and men, members of all racial guidance document. (OMB) under the Paperwork Reduction and ethnic groups, and individuals with FOR FURTHER INFORMATION CONTACT: Ciro Act of 1995 (44 U.S.C. 3501–3521). The and without disabilities on its advisory Ruiz-Feria, Center for Veterinary collections of information in 21 CFR committees and, therefore, encourages Medicine (HFV–229), Food and Drug 570.17 and 571.1 have been approved nominations of appropriately qualified Administration, 7519 Standish Pl., under OMB control number 0910–0546; candidates from these groups. Rockville, MD 20855, 240–402–6282, the collections of information under 21 DATES: Any industry organization [email protected]. CFR part 570, subpart E have been interested in participating in the SUPPLEMENTARY INFORMATION: approved under OMB control number selection of an appropriate nonvoting 0910–0342; and the collections of member to represent industry interest I. Background information under 21 CFR part 58 have must send a letter stating that interest to FDA is announcing the availability of been approved under OMB control the FDA by March 16, 2020 (see sections a draft GFI #262 entitled ‘‘Pre- number 0910–0119. I and II of this document for details).

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Concurrently, nomination materials for and policies, clinical trial or registry pool of individuals) to represent prospective candidates should be sent to design, patient preference study design, industry interests. FDA by March 16, 2020. benefit-risk determinations, device IV. Nomination Procedure ADDRESSES: All statements of interest labeling, unmet clinical needs, available from industry organizations interested alternatives, patient reported outcomes Individuals may self-nominate and/or in participating in the selection process and device-related quality of life or an organization may nominate one or of a pool of nonvoting industry health status issues are among the topics more individuals to serve as a representatives should be sent that may be considered by the temporary nonvoting industry electronically to Margaret Ames (see FOR Committee. Members are knowledgeable representative. Nominations must FURTHER INFORMATION CONTACT). All in areas such as clinical research, include a cover letter and a current, nominations for nonvoting industry primary care patient experience, complete resume or curriculum vitae for representatives should be submitted healthcare needs of patient groups in each nominee, including current electronically by accessing the FDA the United States or are experienced in business and/or home address, Advisory Committee Membership the work of patient and health telephone number, and email address if Nomination Portal: https:// professional organizations, available, and a signed copy of the www.accessdata.fda.gov/scripts/ methodologies for eliciting patient Acknowledgement and Consent form available at the FDA Advisory FACTRSPortal/FACTRS/index.cfm or by preferences, and strategies for Committee Membership Nomination mail to Advisory Committee Oversight communicating benefits, risks, and Portal (see ADDRESSES). Nominations and Management Staff, Food and Drug clinical outcomes to patients and should specify the advisory committee Administration, 10903 New Hampshire research subjects. The Commissioner of for which the nominee is recommended Ave., Bldg. 32, Rm. 5103, Silver Spring, Food and Drugs (the Commissioner), or within 30 days of publication of this MD 20993–0002. Information about designee, shall have the authority to document (see DATES). In addition, becoming a member on an FDA advisory select from a group of individuals nominations should acknowledge that committee can also be obtained by nominated by industry to serve the nominee is aware of the nomination, visiting FDA’s website at https:// temporarily as nonvoting members who unless self-nominated. FDA will www.fda.gov/AdvisoryCommittees/ are identified with industry interests. forward all nominations to the default.htm. The number of temporary members selected for a particular meeting will organizations expressing interest in FOR FURTHER INFORMATION CONTACT: depend on the meeting topic(s). participating in the selection process for Margaret Ames, Center for Devices and the Committee. Only interested industry Radiological Health, Food and Drug II. Qualifications organizations participate in the Administration, 10903 New Hampshire selection process. Persons who Persons nominated for the Patient Ave., Bldg. 66, Rm. 5213, Silver Spring, nominate themselves as nonvoting Engagement Advisory Committee MD 20993–0002, 301–796–5960, email: industry representatives will not should be full-time employees of firms [email protected]. participate in the selection process. that manufacture medical device SUPPLEMENTARY INFORMATION: FDA is This notice is issued under the products, or consulting firms that requesting nominations for a pool of Federal Advisory Committee Act (5 represent manufacturers or have similar nonvoting industry representatives for U.S.C. app. 2) and 21 CFR part 14, appropriate ties to industry. the Committee. The list of needed relating to advisory committees. expertise on May 1, 2020, is identified III. Selection Procedure Dated: February 7, 2020. below: Any industry organization interested Lowell J. Schiller, (1) Cybersecurity in participating in the selection of an Principal Associate Commissioner for Policy. (2) Communication of Benefit and Risk [FR Doc. 2020–02872 Filed 2–12–20; 8:45 am] Information to Patients; Medical Device appropriate nonvoting member to Labeling represent industry interest must send a BILLING CODE 4164–01–P (3) Digital Health Technology/Artificial letter stating that interest to the FDA Intelligence contact (see FOR FURTHER INFORMATION (4) Health of Women/Pediatrics (Vulnerable CONTACT) within 30 days of publication DEPARTMENT OF HEALTH AND Population Groups) of this document (see DATES). Within the HUMAN SERVICES (5) Patient Engagement subsequent 30 days, FDA will send a Food and Drug Administration (6) Patient Preference Elicitation letter to each organization that has (7) Patient-reported Outcomes Development, [Docket No. FDA–2020–N–0008] Validation, and Use in Regulatory Studies expressed an interest, attaching a complete list of all such organizations, or Clinical Practice Blood Products Advisory Committee; (8) Postmarket Studies, including and a list of all nominees along with Observational and Registry-based Studies their current resumes or curriculum Notice of Meeting FDA is publishing separate documents vitae. The letter will also state that it is AGENCY: Food and Drug Administration, regarding: the responsibility of the interested HHS. 1. Request for Nominations for Voting organizations to confer with one another ACTION: Notice. Members for the Patient Engagement and to select a candidate or candidates Advisory Committee SUMMARY: 2. Request for Nominations for Consumer (to serve in a pool of individuals with The Food and Drug Representative for the Patient Engagement varying areas of expertise) to represent Administration (FDA or Agency) Advisory Committee industry interest for the Committee, announces a forthcoming public within 60 days after the receipt of the advisory committee meeting of the I. General Description of the FDA letter. The interested organizations Blood Products Advisory Committee Committee’s Duties are not bound by the list of nominees in (BPAC). The general function of the The Committee provides advice on selecting a candidate or candidates. committee is to provide advice and complex issues relating to medical However, if no individual is selected recommendations to the Agency on devices, the regulation of devices, and within 60 days, the Commissioner will FDA’s regulatory issues related to blood their use by patients. Agency guidance select temporary nonvoting members (or and products derived from blood.

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Matters considered at the meeting will be available at the following link for oral presentations should notify the include current strategies to reduce the both days: https://collaboration.fda.gov/ contact person and submit a brief risk of Zika virus (ZIKV) transmission bpacapril20/. statement of the general nature of the by blood and blood components, an SUPPLEMENTARY INFORMATION: evidence or arguments they wish to update on the Transfusion Agenda: On April 2, 2020, in the present, the names and addresses of Transmissible Infections Monitoring morning, the BPAC will meet in open proposed participants, and an System (TTIMS), and testing blood session to discuss and make indication of the approximate time donations for hepatitis B surface recommendations on strategies to requested to make their presentation on antigen. The meeting will be open to the reduce the risk of ZIKV transmission by or before March 16, 2020. Time allotted public. blood and blood components. The for each presentation may be limited. If DATES: The meeting will be held on committee will discuss whether the number of registrants requesting to April 2, 2020, from 8:30 a.m. to 3:45 universal testing of blood donations for speak is greater than can be reasonably p.m. and April 3, 2020, from 8:30 a.m. ZIKV is an appropriate strategy accommodated during the scheduled to 12:30 p.m. considering the decline of ZIKV cases in open public hearing session, FDA may ADDRESSES: FDA White Oak Campus, the United States and worldwide. In the conduct a lottery to determine the 10903 New Hampshire Ave., Bldg. 31 afternoon, the committee will meet in speakers for the scheduled open public Conference Center, the Great Room (Rm. open session to hear an update on the hearing session. The contact person will 1503), Silver Spring, MD 20993–0002. TTIMS. Sponsored by the FDA, the notify interested persons regarding their Entrance for the public meeting National Institutes of Health National request to speak by March 17, 2020. participants (non-FDA employees) is Heart, Lung and Blood Institute, and the Persons attending FDA’s advisory through Building 1 where routine Department of Health and Human committee meetings are advised that the security check procedures will be Services Office of the Assistant Agency is not responsible for providing performed. For security information, Secretary for Health, TTIMS collects access to electrical outlets. please refer to https://www.fda.gov/ incidence, prevalence and risk factor FDA welcomes the attendance of the about-fda/white-oak-campus- data for certain transfusion-transmitted public at its advisory committee information/public-meetings-fda-white- infections, including human meetings and will make every effort to oak-campus. Answers to commonly immunodeficiency virus, in U.S. blood accommodate persons with disabilities. asked questions including information donations. On April 3, 2020, the If you require accommodations due to a regarding special accommodations due committee will meet in open session to disability, please contact Christina Vert to a disability, visitor parking, and discuss and make recommendations on (see FOR FURTHER INFORMATION CONTACT) transportation may be accessed at: testing for hepatitis B surface antigen at least 7 days in advance of the https://www.fda.gov/Advisory (HBsAg) in blood donations. The meeting. Committees/AboutAdvisoryCommittees/ committee will discuss whether testing FDA is committed to the orderly ucm408555.htm. for HBsAg can be discontinued conduct of its advisory committee For those unable to attend in person, considering the sensitivity of hepatitis B meetings. Please visit our website at: the meeting will also be webcast and virus nucleic acid testing and hepatitis https://www.fda.gov/Advisory will be available at the following link: B anti-core testing of blood donations in Committees/AboutAdvisoryCommittees/ https://collaboration.fda.gov/ the United States. ucm111462.htm for procedures on bpacapril20/. FDA intends to make background public conduct during advisory FOR FURTHER INFORMATION CONTACT: material available to the public no later committee meetings. Christina Vert or Joanne Lipkind, Center than 2 business days before the meeting. Notice of this meeting is given under for Biologics Evaluation and Research, If FDA is unable to post the background the Federal Advisory Committee Act (5 Food and Drug Administration, 10903 material on its website prior to the U.S.C. app. 2). New Hampshire Ave., Bldg. 71, Rm. meeting, the background material will Dated: February 7, 2020. 6268, Silver Spring, MD 20993–0002, be made publicly available at the Lowell J. Schiller, 240–402–8054, christina.vert@ location of the advisory committee Principal Associate Commissioner for Policy. fda.hhs.gov, or 240–402–8106, meeting, and the background material [FR Doc. 2020–02873 Filed 2–12–20; 8:45 am] [email protected], will be posted on FDA’s website after BILLING CODE 4164–01–P respectively, or FDA Advisory the meeting. Background material is Committee Information Line, 1–800– available at https://www.fda.gov/ 741–8138 (301–443–0572 in the AdvisoryCommittees/Calendar/ DEPARTMENT OF HEALTH AND Washington, DC area). A notice in the default.htm. Scroll down to the HUMAN SERVICES Federal Register about last minute appropriate advisory committee meeting modifications that impact a previously link. Health Resources and Services announced advisory committee meeting Procedure: Interested persons may Administration cannot always be published quickly present data, information, or views, enough to provide timely notice. orally or in writing, on issues pending Agency Information Collection Therefore, you should always check the before the committee. Written Activities: Proposed Collection: Public Agency’s website at https:// submissions may be made to the contact Comment Request; Information www.fda.gov/AdvisoryCommittees/ person on or before March 25, 2020. On Collection Request Title: Membership default.htm and scroll down to the April 2, 2020, oral presentations from Forms for Organ Procurement and appropriate advisory committee meeting the public will be scheduled between Transplantation Network OMB No. link, or call the advisory committee approximately 10:50 a.m. to 11:20 a.m. 0915–0184–Revision information line to learn about possible and 3:15 p.m. to 3:45 p.m. On April 3, AGENCY: Health Resources and Services modifications before coming to the 2020, oral presentations from the public Administration (HRSA), Department of meeting. For those unable to attend in will be scheduled between Health and Human Services (HHS). person, the meeting will also be approximately 11 a.m. to 11:30 a.m. ACTION: Notice. available via webcast. The webcast will Those individuals interested in making

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SUMMARY: In compliance with the requirements (that have been approved the United Network for Organ Sharing Paperwork Reduction Act of 1995, by the HHS Secretary), including those Membership Team to give these HRSA announces plans to submit an relating to data collection, mandatory important application components to Information Collection Request (ICR), for all transplant programs and OPOs. applicants in as few attachments as described below, to the Office of Proposed Revisions to OPTN possible, but are inclusive of all possible Management and Budget (OMB). Prior Membership Applications: Changes to changes within a program. to submitting the ICR to OMB, HRSA the forms are proposed to make • Further changes have been made to seeks comments from the public application requirements more clear and the Vascularized Composite Allograft regarding the burden estimate or any organized, and thus less cumbersome (VCA) Transplant program applications, other aspect of the ICR. for applicants to complete. Proposed which were previously submitted as DATES: Comments on this ICR should be revisions include changes to wording to separate applications for OMB approval received no later than April 13, 2020. make questions more consistent with based on body part transplanted. These the language of the OPTN Bylaws ADDRESSES: Submit your comments to forms have been revised into one single [email protected] or mail the HRSA (Bylaws). In addition, the applications application with sections for each VCA Information Collection Clearance have been revised so that the sequence organ type. Officer, Room 14N136B, 5600 Fishers of questions is parallel to that of the • Personnel changes for Organ Lane, Rockville, Maryland 20857. Bylaws. Using the Bylaws as a baseline, Procurement Organizations (OPOs) and the revamped applications have been FOR FURTHER INFORMATION CONTACT: To Histocompatibility Laboratories have constructed in parallel order of the also been consolidated into organization request more information on the Bylaws so that an applicant can have proposed project or to obtain a copy of applications. OPO and Lab applicants the application and Bylaws side-by-side will be able to use one respective the data collection plans and draft for easy reference. Additional proposed instruments, email [email protected] application for new and/or personnel changes to the application include: changes. or call Lisa Wright-Solomon, the HRSA • A few major changes were made to • Given these changes, the overall Information Collection Clearance Officer the application order of documentation burden has decreased significantly from at (301) 443–1984. and attachments. The embedded an estimated 7,016 total burden hours to SUPPLEMENTARY INFORMATION: When transplant logs were revised in the form 4,755 hours in this current proposed submitting comments or requesting of a ‘universal’ surgeon and physician revision package, although some forms information, please include the ICR title log that will be provided as a separate have been combined into one more for reference. attachment to the application. This new comprehensive form resulting in Information Collection Request Title: log will provide applicants with all increased burden hours for a particular Membership Forms for Organ OPTN Bylaws requirements. We hope form. Procurement and Transplantation the added technology utilized in the log Network OMB No. 0915–0184–Revision will help applicants complete the log Likely Respondents: Parties seeking Abstract: This is a request for OMB with limited errors. initial OPTN membership approval and approval for revisions of the application • Also within the applications, then maintenance of existing OPTN documents used to collect information ‘‘checkboxes’’—fillable tables that were approval. Applicants include the for determining if the interested party is not checkboxes at all—were removed following: hospitals seeking to perform compliant with membership and working checkboxes were inserted. organ transplants, non-profit requirements contained in the final rule The ‘‘narrative’’ section was replaced by organizations seeking to become an Governing the Operation of the Organ checkbox attestations, which will serve organ procurement organization, and Procurement and Transplantation the same purpose—understanding medical laboratories seeking to become Network (OPTN), (42 CFR part 121) ‘‘the relevant and recent surgeon and an OPTN-approved histocompatibility OPTN final rule.’’ physician applicant experience. laboratory. In addition, there are other Need and Proposed Use of the • The previous membership OPTN membership categories for Information: Membership in the OPTN applications had several places for the organizations and individuals who want is determined by submission of applicants to sign. The new application to participate in the organ transplant application materials to the OPTN (not requests only one signature from each system, and they are also required to fill to HRSA) demonstrating that the individual member applicant involved. out an appropriate application. applicant meets all required criteria for • Additional changes to the Burden Statement: Burden in this membership and will agree to comply application process include context means the time expended by with all applicable provisions of the streamlining previous application persons to generate, maintain, retain, National Organ Transplant Act, as attachments for key personnel and disclose, or provide the information amended, 42 U.S.C. 273, et seq., the living donor components into one form requested. This includes the time OPTN final rule, OPTN Policies, and for the respective organ application. needed to review instructions; to OPTN Bylaws. Section 1138 of the • Pediatric Bylaw Requirements, develop, acquire, install, and utilize Social Security Act, as amended, 42 where applicable, were also given their technology and systems for the purpose U.S.C. 1320b–8 (section 1138) requires own sections within the organ of collecting, validating, and verifying that hospitals in which transplants are applications. Conversely, the Certificate information, processing and performed be members of, and abide by, of Assessment (formerly known as maintaining information, and disclosing the rules and requirements of the OPTN Certificate of Investigation) and the and providing information; to train (that have been approved by the Primary Coverage Plan Checklist were personnel and to be able to respond to Secretary of HHS) as a condition of pulled out of the previous organ specific a collection of information; to search participation in Medicare and Medicaid. applications and given their own, data sources; to complete and review Section 1138 contains a similar separate attachment. These changes will the collection of information; and to provision for the organ procurement allow OPTN application reviewers to transmit or otherwise disclose the organizations (OPOs) and makes give these application components to information. The total annual burden membership in the OPTN and applicants in as few attachments as hours estimated for this ICR are compliance with its rules and possible. These changes will also allow summarized in the table below.

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TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

OPTN Membership Application for 2 1 2 3 6 Transplant Hospitals OPTN Certificate of Assessment and 2 1 2 3 6 Program Coverage Plan Membership Application OPTN Membership Application for Kid- 189 2 378 3 1,134 ney Transplant Programs OPTN Membership Application for 110 2 220 3 660 Liver Transplant Programs OPTN Membership Application for 120 2 240 3 720 Pancreas Transplant Programs OPTN Membership Application for 142 2 284 3 852 Heart Transplant Programs OPTN Membership Application for 60 2 120 3 360 Lung Transplant Programs OPTN Membership Application for Islet 4 2 8 2 16 Transplant Programs OPTN Membership Application for 53 2 106 2 212 Vascularized Composite Allograft (VCA) Transplant Programs OPTN Membership Application for In- 90 2 180 3 540 testine Transplant Programs OPTN Membership Application for 10 1 10 3 30 Organ Procurement Organizations (OPOs) OPTN Membership Application for 27 2 54 3 162 Histocompatibility Laboratories OPTN Representative Form 20 2 40 1 40 OPTN Medical/Scientific Membership 7 1 7 1 7 Application OPTN Public Organization Membership 4 1 4 1 4 Application OPTN Business Membership Applica- 2 1 2 1 2 tion OPTN Individual Membership Applica- 4 1 4 1 4 tion OPTN Membership Application Sur- ...... geon or Physician Log* Total = 18 forms 846 ...... 1,661 ...... 4,755 * The OPTN Membership Application Surgeon or Physician Log accompanies every individual organ application. The burden to complete is built into the organ application data.

HRSA specifically requests comments DEPARTMENT OF HEALTH AND notice transfers the Office of the on (1) the necessity and utility of the HUMAN SERVICES Director, Strategic National Stockpile, to proposed information collection for the the Office of the Principal Deputy proper performance of the agency’s Office of the Secretary Assistant Secretary (ANC), Division of functions, (2) the accuracy of the Resource Management (ANC3) pursuant estimated burden, (3) ways to enhance Office of the Assistant Secretary for to 5 U.S.C. Appendix (the the quality, utility, and clarity of the Preparedness and Response; Reorganization Plan No. 1 of 1953 and information to be collected, and (4) the Statement of Organization, Functions the Reorganization Plan No. 3 of 1966) and Delegations of Authority use of automated collection techniques and 31 U.S.C. 1531, and effective or other forms of information October 1, 2018 the functions, Part A, Office of the Secretary, personnel, assets, and liabilities of the technology to minimize the information Statement of Organization, Functions, collection burden. SNS to the Office of the Secretary, and Delegations of Authority of the Office of the Assistant Secretary for Maria G. Button, Department of Health and Human Preparedness and Response (ASPR). Director, Executive Secretariat. Services (HHS) is being amended at The changes are as follows. Chapter AN, Office of the Assistant [FR Doc. 2020–02870 Filed 2–12–20; 8:45 am] I. Delete AR.20 Functions in its Secretary for Preparedness and entirety and replace with the following: BILLING CODE 4165–15–P Response (ASPR), as last amended at 83 Section AN.20 Functions. FR 33941 (July 2018), 79 FR 70.535 A. Immediate Office of the Assistant (Nov. 26, 2014), 78 FR 25277 (April 30, Secretary for Preparedness and 2013), 78 FR 7784 (Feb. 4, 2013), 75 FR Response: The Immediate Office of the 35.035 (June 21, 2010) to add the Assistant Secretary for Preparedness Strategic National Stockpile (SNS). This and Response (IO/ASPR) is headed by

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the Assistant Secretary, who provides • Division of Clinical Development partners to enhance international leadership and executive and strategic (ANB13) medical supply chain planning, direction for the ASPR organization. • Division of Non-Clinical coordination, and management in The Assistant Secretary is the principal Development (ANB14) coordination with operating advisor to the Secretary on all matters • Office of Medical Countermeasures components of HHS; and (3) supports related to Federal public health and Program (ANB2) the U.S. government’s Global Health medical preparedness and response for • Division of Chemical, Biological, Security Agenda to improve the public health emergencies. The Radiological and Nuclear Program capabilities of emerging nations’ Assistant Secretary is responsible for (ANB21) medical countermeasure (MCM) supply • carrying out ASPR’s mission and Division of Influenza, Emerging & chain to combat communicable diseases implementing the functions of ASPR. Infectious Diseases (ANB22) and other health threats in coordination • The IO/ASPR (1) ensures development Division of Detection, Diagnostics, with operating components of HHS. Device Infrastructure (ANB23) Information and Planning Branch. and maintenance of liaison • relationships with HHS operating and Division of Pharmaceutical (ANC341) The Information and Countermeasure Infrastructure (ANB24) Planning Branch (1) Coordinates and staff divisions and represents HHS at • interagency meetings, as required; (2) Division of Research, Innovation integrates information and preparedness establishes and maintains effective and Ventures (ANB25) activities for DSNS and partners to • Division of Contracting communications and outreach guidance build, sustain, and improve alternative Management & Acquisitions (ANBA1) and support for all external emergency supply chain capabilities C. Office of the Principal Deputy communications, including legislative and readiness during a response; (2) Assistant Secretary (ANC). The Office of and executive branch questions and captures, develops, and shares the Principal Deputy Assistant Secretary inquiries, and serves as the principal information and knowledge to facilitate (OPDAS) is responsible for providing a advisor to the ASPR on all legislative preparedness; (3) designs and delivers well-integrated infrastructure that strategies to fulfill the Office of the learning activities to DSNS staff and supports the Department’s capabilities ASPR and the HHS mission under partners to enhance knowledge base for to prevent, prepare for, respond to and section 2811 and other relevant sections alternative emergency medical supply recover from natural public health and of the Public Health Service Act, as chain capabilities; (4) supports partner medical threats and emergencies. amended; (3) oversees advanced exercises and plans, coordinates, and OPDAS leads the preparedness and research, development and procurement conducts DSNS exercises to enhance response activities required to of qualified countermeasures, security and validate alternative emergency coordinate public health and healthcare countermeasures and qualified medical supply chain preparedness; (5) response systems and activities with pandemic or epidemic products; (4) maintains day-to-day situational relevant federal, state, tribal, territorial, coordinates with relevant federal awareness, connectivity, and readiness local, and international communities officials to ensure integration of federal to ensure rapid transition to SNS under the National Response preparedness and response activities for response operations; (6) supervises the Framework and Emergency Support public health emergencies; (5) manages preparation and readiness of all SNS on- Annexes #8, #6 and #14. OPDAS is correspondence control for the Assistant site and off-site response coordination responsible for the execution of facilities to maintain each in a ready Secretary; and (6) coordinates the business management operations and state; (7) manages the development, strategic and operational activities for managing coordination. OPDAS coordination, and maintenance of DSNS public health preparedness response provides for the facility, logistics, response plans; (8) manages the staffing, and recovery. information technology and preparation, and readiness of DSNS staff B. Office of Biomedical Advance infrastructure support services to respond to emergencies as part of the Research and Development Authority necessary to maintain day-to-day DSNS incident management structure (ANB). The Office of Biomedical operations of ASPR, including functions and on DSNS deployable teams; (9) Advanced Research and Development of Human Resources, Organization and coordinates staffing for the DSNS Authority (BARDA), established in Employee Development, Ethics, United incident management structure during April 2007 in response to the Pandemic States Public Health Service (USPHS) exercises or upon a federal deployment and All-Hazards Preparedness Act of liaison, acquisitions management, of the strategic national stockpile (SNS) 2006, serves preparedness and response contracts, grants, and all financial to accompany SNS medical roles to provide medical planning and analysis. countermeasures and provide technical countermeasures (MCM) in order to The Office of the Principal Deputy assistance; (10) manages the DSNS mitigate the medical consequences of Assistant Secretary is headed by the Corrective Action Program for exercises chemical, biological, radiological, and Principal Deputy Assistant Secretary, and responses to actual emergencies; nuclear (CBRN) threats and agents and and includes the following components: and (11) manages DSNS personal and emerging infectious diseases, including • Office of Management Finance and program response communications pandemic influenza. BARDA executes Human Capital (ANC1) devices and systems. this mission by facilitating research, • Office of Emergency Management Operational Logistics Branch. development, innovation, and and Medical Operations (ANC2) (ANC342) The Operational Logistics acquisition of MCM and expanding • Office of Resource Management Branch (1) Develops logistical domestic manufacturing infrastructure (ANC3) requirements for DSNS formulary and surge capacity of these MCM. Division of the Strategic National MCMs established by HHS and the BARDA is headed by a Deputy Stockpile (ANC34). The Office of the Public Health Emergency Medical Assistant Secretary, and includes the Director, Division of the Strategic Countermeasure Enterprise (PHEMCE); following components: National Stockpile, (1) Leads executive (2) maintains inventory accountability • Office of Medical Countermeasures planning and management of the for all DSNS MCMs utilizing an Program Support Services (ANB1) Division of Strategic National Stockpile inventory management system; (3) • Division of Regulatory Science and (DSNS); (2) protects U.S. health security manages the procurement of medical Quality Affairs (ANB12) by collaborating with, and recruiting for, materiel to meet formulary

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requirements; (4) manages and tracks for managing and executing the critical enhance operational efficiencies; (3) expenditure of DSNS funds for the systems in operating a successful educates partners on Strategic National procurement, storage, and transport of commercial good manufacturing Stockpile activities and capabilities; (4) medical materiel; (5) manages the practice compliance program; (12) evaluates, analyzes, and develops development and oversight of contracts develops and leverages systems to supply chain processes or procedures for Stockpile Managed Inventory (SMI) manage, track and report the disposition and recommends enhancements or new and Vendor Managed Inventory (VMI); of deployed SNS MCMs; (13) in procedures, as necessary; (5) plans, (6) establishes and manages third party coordination with CDC, manages and manages, coordinates, and evaluates logistics contracts for the storage and coordinates SNS tasks from Congress, DSNS functions associated with Office of Management and Budget, and maintenance of DSNS MCMs; (7) commercial supply chain collaboration other federal agencies; (14) manages the manages the rotation and programmed and distribution; (6) analyzes development and oversight of DSNS- replacement of DSNS MCMs; (8) manufacturer and commercial supply coordinates safety of DSNS MCMs; (9) wide annual budget and spend plans chain data to identify trends and provides logistics staff for deployable and handles all aspects of DSNS budget obstacles to achieve MCM goals and teams that accompany SNS MCMs execution; (15) executes the opening deployed in response to a public health and closing of Stockpile Resource operational requirements; (7) in emergency or full scale exercise; (10) Planning (SRP) accounting periods, collaboration with CDC and non- provides emergency operations support oversees SRP financial reconciliation government experts, conducts analysis to the DSNS Emergency Operations (e.g., inventory procurement and to evaluate medical countermeasure Center (EOC); (11) coordinates finance modules), and coordinates SRP supply chain characteristics to transportation contracts needed to accounting and reporting; and (16) determine supply chain capacity and deploy DSNS MCMs; (12) manages cold manages budget formulation and probable areas of vulnerability; and (8) chain storage and deployment produces 7-year budget requirement develops partnerships with associations, capabilities; (13) manages the forward projections to support procurement for-profit business, professional deployment and sustainment of planning and strategic decision making. organizations and private groups to CHEMPACK chemical countermeasures Science Branch. (ANC344) The improve public access to medical in project areas; (14) manages and Science Branch (1) In collaboration with countermeasures during a public health maintains calibration and maintenance CDC, guides scientific and medical emergency. integration for MCM planning and of DSNS equipment; (15) manages the D. Deputy Assistant Secretary Shelf Life Extension Program in response with Federal, state, local, and non-government partners; (2) in Incident Command and Control (ANG): coordination with the Food and Drug The Deputy Assistant Secretary (DAS/ Administration and the Department of collaboration with CDC and PHEMCE ICC) is responsible for the policy Defense (DoD); (16) serves as a storage partners, steers SNS medical development, planning analysis, and distribution partner to the DoD for countermeasure acquisition, biologic products; (17) coordinates sustainment, and deployment; (3) requirements and strategic planning. quality assurance and quality control; manages administrative, medical, DAS/ICC manages and operates the HHS (18) in coordination with Centers for pharmaceutical, and scientific oversight Secretary’s Operation Center (SOC), Disease Control and Prevention (CDC) of the SNS formulary; (4) ASPR and intelligence, security, information CDC will work together to engage will provide support for small scale management and is also responsible for federal officials and subject matter releases; and (19) conducts physical the HHS Continuity of Operations experts in reviewing and disseminating inventories for stored DSNS materiel. (COOP) and the development of the the best available guidance for use of ASPR COOP Plan. The Office of the Management and Business Operations stockpiled MCMs; (5) engages public Branch. (ANC343) The Management and Assistant Secretary Incident Command and private sector partners to develop and Control (DAS/ICC) is headed by the Business Operations Branch (1) and deliver information and training on Deputy Assistant Secretary Incident Provides leadership of all management SNS assets to specialized healthcare Command and Control, and includes the and operations aspects for the division; delivery audiences to increase (2) manages the development of nationwide knowledge base and following components: program policies and procedures; (3) preparedness for MCM response; (6) • Office of Security Intelligence and procures, maintains, and supports ASPR and CDC will coordinate medical Information Management division information technology surveillance program for all SNS • Office of Strategy, Policy, Planning systems; (4) monitors and manages deployable teams; (7) responds to and Requirements reporting of DSNS performance inquiries regarding the SNS formulary measures; (5) provides leadership in and program from local, state, and III. Delegations of Authority. issue and risk management, business federal agencies; and (8) collaborates Delegations of authority made to transformation, and change with academic institutions, officials and employees of affected management; (6) maintains contract governmental and nongovernmental organizational components will be management responsibility within agencies on research, regulatory, established in them or their successors DSNS; (7) provides guidance and other licensing and compliance issues to be consistent with this support for all division acquisitions; (8) surrounding stockpiling of MCMs. reorganization. plans, manages, and coordinates all Strategic Logistics Branch (ANC45). Dated: February 7, 2020. aspects of program business services The Strategic Logistics Branch (1) In and resource management operations; collaboration with CDC, provides Alex M. Azar II, (9) provides editing and writing services technical assistance to State, Local, Secretary. and coordinates and clears internal and Tribal, and Territorial (SLTT) partners [FR Doc. 2020–02839 Filed 2–12–20; 8:45 am] external communications; (10) acts as to improve their medical BILLING CODE P the Division’s liaison for internal/ countermeasure response capabilities; external audits and reviews; (11) directs (2) performs analysis and assessment of and monitors a comprehensive strategy public health supply chain functions to

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DEPARTMENT OF HEALTH AND Mission to ensure that this authority is techniques or other forms of information HUMAN SERVICES exercised in a manner consistent with technology to minimize the information section 207 of the Foreign Service Act collection burden. Assistant Secretary for Administration; of 1980 and other applicable statutes Title of the Collection: Substance Use Delegation of Authority administered by the Department of Disorder Patient Placement Criteria Notice is hereby given that I have State. Used By States. This amended delegation became amended the delegation of authority to effective upon date of signature. In Type of Collection: New. the Assistant Secretary for Preparedness addition, I hereby affirm and ratify any The Office of the Assistant Secretary and Response (ASPR); the Director, actions taken by you or your for Planning and Evaluation (ASPE) at Centers for Disease Control and subordinates which involved the the U.S. Department of Health and Prevention (CDC); the Administrator, exercise of the authorities delegated Human Services (HHS) is requesting Health Resources and Services herein, or substantially similar Office of Management and Budget Administration (HRSA); the Director, authorities vested in me by prior annual (OMB) approval for a one-time survey of National Institutes for Health (NIH); the HHS appropriations acts, prior to the state agencies regarding their use of Director, Office of Global Affairs (OGA); effective date of the delegation. substance use disorder (SUD) patient and the Administrator, Substance Abuse placement criteria and assessment tools. Dated: February 7, 2020. and Mental Health Services The proposed survey is one component Administration (SAMHSA), specifically Alex M. Azar II, of a larger project to assess the the authority vested in the Secretary, by Secretary, Department of Health and Human feasibility of gathering and utilizing Services. section 212(l) of the Department of needs assessment data to identify and Defense and Labor, Health and Human [FR Doc. 2020–02944 Filed 2–12–20; 8:45 am] address unmet patient needs by levels of Services, and Education Appropriations BILLING CODE 4151–17–P care. Results from this survey will Act, 2019 and Continuing provide ASPE with information about Appropriations Act, 2019 (FY 19 HHS the types of patient placement data DEPARTMENT OF HEALTH AND Appropriations Act) Public Law 115– states collect and maintain, and the HUMAN SERVICES 245, division B, title II, (September 28, degree to which the data can be used to 2018), or substantially similar [Document Identifier: OS–0990–New] understand the SUD treatment gap. authorities vested in me in the future by These results will provide ASPE with Congress, in order to carry out Agency Information Collection information that can be used to develop international health activities, including Request; 60-Day Public Comment a multistate dataset of needs assessment HIV/AIDS and other infectious disease, Request that can be updated over time. Such a chronic and environmental disease, and AGENCY: dataset is necessary for understanding other health activities abroad. Section Office of the Secretary, HHS. ACTION: Notice. and addressing treatment needs in the 212(l) of the FY19 HHS Appropriations nation on an ongoing basis. Act and section 212(1) of the Further SUMMARY: In compliance with the The 17-question survey requests Consolidated Appropriations Act, 2020, requirement of the Paperwork information related to state Public Law 116–94, division A, title II, Reduction Act of 1995, the Office of the requirements for using patient (December 20, 2019) permit the Secretary (OS), Department of Health placement criteria and assessment tools Secretary of HHS to exercise authority and Human Services, is publishing the for individuals with SUD. Additional equivalent to that available to the following summary of a proposed questions ask how data from the Secretary of State under 22 U.S.C. collection for public comment. placement criteria and/or assessment 2669(c) to award personal services DATES: Comments on the ICR must be tools are maintained; if level of care data contracts for work performed in foreign received on or before April 13, 2020. has been used to help determine service countries. The authority delegated herein ADDRESSES: Submit your comments to gaps and need for greater capacity; and includes the authority to determine the [email protected] or by calling whether the respondent could provide necessity of negotiating, executing, and (202) 795–7714. web links to available information on performing such contracts without FOR FURTHER INFORMATION CONTACT: the criteria used in their state. Two regard to statutory provisions as relate When submitting comments or individuals from each state and the to the negotiation, making, and requesting information, please include District of Columbia will be invited to performance of contracts and the document identifier 0990–New–60D respond to the survey. Respondents will performance of work in the United and project title for reference, to be representatives from each state’s States. This authority is immediately [email protected], or call the Single State Authority (SSA) and the revoked in the event that any Reports Clearance Officer, Sherrette Medicaid Agency. An eighty-five subsequent fiscal year HHS Funn (202) 795–7714. percent response rate is anticipated, appropriations act does not contain the SUPPLEMENTARY INFORMATION: Interested resulting in an estimated 87 total provision currently in section 212(1) or persons are invited to send comments participants. substantially similar authority. regarding this burden estimate or any This project falls under Section 301 of The Director, CDC, may redelegate other aspect of this collection of the Public Health Service Act (42U.S.C. this authority to the Chief Operating information, including any of the 241) [280–1a] which authorizes the Officer, CDC, through Fiscal Year 2021 following subjects: (1) The necessity and Office of the Secretary to conduct and from this date of signature to respond to utility of the proposed information coordinate studies relating to the causes, current and any future Ebola, polio, and collection for the proper performance of diagnosis, treatment, control, and coronavirus outbreaks. This authority the agency’s functions; (2) the accuracy prevention of physical and mental may not be further be redelegated except of the estimated burden; (3) ways to diseases. The total annual burden hours as noted above. enhance the quality, utility, and clarity estimated for this information collection The delegatees shall consult with the of the information to be collected; and request are summarized in the table Secretary of State and relevant Chief of (4) the use of automated collection below.

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TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

Average Number of Number of burden per Total annual Forms respondents responses per response burden respondent (hours) (hours)

Survey on SUD Placement Criteria ...... 87 1 10/60 14.5

Dated: February 5, 2020. have been associated with large This technology is available for Sherrette A. Funn, outbreaks of EVD in Africa and reported licensing for commercial development Paperwork Reduction Act Reports Clearance case fatality rates of up to 90%. in accordance with 35 U.S.C. 209 and 37 Officer, Office of the Secretary. Transmission of Ebola virus to humans CFR part 404. [FR Doc. 2020–02846 Filed 2–12–20; 8:45 am] is not yet fully understood but is likely Potential Commercial Applications: BILLING CODE 4150–05–P due to incidental exposure to infected • Prevention of acquisition of Ebola animals. EVD spreads through human- Zaire virus. to-human transmission, with infection • Antibody therapy for people DEPARTMENT OF HEALTH AND resulting from direct contact with blood, exposed to Ebola Zaire virus. HUMAN SERVICES secretions, organs or other bodily fluids • Diagnostics for Ebola Zaire virus. of infected people, and indirect contact Competitive Advantages: National Institutes of Health with environments contaminated by • High-affinity neutralizing such fluids. Government-Owned Inventions; antibodies (mAbs), targeting Ebola virus EVD has an incubation period of 2 to Availability for Licensing (EBOV) glycoprotein from a human 21 days (7 days on average, depending Ebolavirus vaccine. AGENCY: National Institutes of Health, on the strain) followed by a rapid onset • Currently, there are no Food and HHS. of non-specific symptoms such as fever, Drug Administration (FDA)-approved ACTION: Notice. extreme fatigue, gastrointestinal vaccines or therapeutics available for complaints, abdominal pain, anorexia, prevention, post-exposure, or treatment SUMMARY: The invention listed below is headache, myalgias and/or arthralgias. for EBOV. owned by an agency of the U.S. While prior outbreaks of EVD have • The EboV.YD.01–EboV.YD.08 Government and is available for been localized to regions of Africa, there antibodies can be combined with other licensing to achieve expeditious is a potential threat of spread to other biologicals and vaccines for prevention commercialization of results of federally countries given the frequency of and therapy of Ebola Zaire infection/ funded research and development. international travel. The 2014 outbreak disease. Foreign patent applications are filed on in West Africa was first recognized in Development Stage: Preclinical selected inventions to extend market March 2014, and as of April 13, 2016, Research. coverage for companies and may also be the number of cases far exceeded the Inventors: Nancy J. Sullivan, Ph.D. available for licensing. largest prior EVD outbreak with a (NIAID); John Misasi, Ph.D. (NIAID). FOR FURTHER INFORMATION CONTACT: combined total (suspected, probable, Intellectual Property: HHS Reference Dianca Finch, Ph.D., 240–669–5503; and laboratory-confirmed) 28616 cases Number E–061–2018 includes U.S. [email protected]. Licensing and 11310 deaths (case fatality rate = Provisional Patent Application Number information and copies of the U.S. 39.5%). The largest previous outbreak 62/782,809, filed 12/20/2018, and PCT patent application listed below may be occurred in Uganda in 2000–2001 with Application Number PCT/US2019/ obtained by communicating with the 425 cases and 224 deaths (case-fatality 067423, filed 12/19/2019. indicated licensing contact at the rate = 53%). Licensing Contact: To license this Technology Transfer and Intellectual Viruses in the Filoviridae family are technology, please contact Dianca Property Office, National Institute of also categorized as potential threats for Finch, Ph.D., 240–669–5503; Allergy and Infectious Diseases, 5601 use as biological weapons due to ease of [email protected]. Fishers Lane, Rockville, MD 20852; tel. dissemination and transmission, and 301–496–2644. A signed Confidential high levels of mortality. Currently, no Dated: February 4, 2020. Disclosure Agreement will be required effective therapies or FDA-licensed Wade W. Green, to receive copies of unpublished patent vaccines exist for any member of Acting Deputy Director, Technology Transfer applications. Filoviridae family of viruses. and Intellectual Property Office, National Institute of Allergy and Infectious Diseases. SUPPLEMENTARY INFORMATION: Researchers at the Vaccine Research Technology description follows: Center (VRC) of the National Institute of [FR Doc. 2020–02916 Filed 2–12–20; 8:45 am] Allergy and Infectious Diseases (NIAID) BILLING CODE 4140–01–P Ebola Virus Glycoprotein-Specific developed eight high-affinity human Monoclonal Antibodies and Uses monoclonal antibodies, specifically Thereof Description of Technology EboV.YD.01, EboV.YD.02, EboV.YD.03, DEPARTMENT OF HEALTH AND Ebola virus is a large, negative-strand and EboV.YD.04, EboV.YD.05, HUMAN SERVICES RNA virus composed of 7 genes EboV.YD.06, EboV.YD.07 and National Institutes of Health encoding viral proteins, including a EboV.YD.08 which bind with single glycoprotein (GP). The virus is nanomolar affinity against Ebola virus Office of the Director, National responsible for causing Ebola virus glycoprotein. The human monoclonal Institutes of Health; Notice of Closed disease (EVD), formerly known as Ebola antibodies have been assessed by Meeting hemorrhagic fever (EHF), in humans. In functional assays, epitope mapping, particular, Bundibugyo (BDBV), Zaire affinity measurements and in vitro Pursuant to section 10(d) of the (EBOV), and Sudan (SUDV) species neutralization assays. Federal Advisory Committee Act, as

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amended, notice is hereby given of the DEPARTMENT OF HEALTH AND public comments were received. The following meeting. HUMAN SERVICES purpose of this notice is to allow an The meeting will be closed to the additional 30 days for public comment. National Institutes of Health public in accordance with the The National Cancer Institute (NCI), provisions set forth in sections National Institutes of Health, may not Submission for OMB Review; 30-Day conduct or sponsor, and the respondent 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Comment Request; NCI Genomic Data is not required to respond to, an as amended. The grant applications and Commons (GDC) Data Submission information collection that has been the discussions could disclose Request Form (National Cancer extended, revised, or implemented on or confidential trade secrets or commercial Institute) after October 1, 1995, unless it displays property such as patentable material, a currently valid OMB control number. and personal information concerning AGENCY: National Institutes of Health, HHS. In compliance with Section individuals associated with the grant 3507(a)(1)(D) of the Paperwork ACTION: Notice. applications, the disclosure of which Reduction Act of 1995, the National would constitute a clearly unwarranted SUMMARY: In compliance with the Institutes of Health (NIH) has submitted invasion of personal privacy. Paperwork Reduction Act of 1995, the to the Office of Management and Budget Name of Committee: Office of Research National Institutes of Health (NIH) has (OMB) a request for review and Infrastructure Programs Special Emphasis submitted to the Office of Management approval of the information collection Panel; Office of Research Infrastructure and Budget (OMB) a request for review listed below. Programs (ORIP) Special Emphasis Panel: and approval of the information Proposed Collection: NCI Genomic Applications for Scientific Conferences. collection listed below. Data Commons (GDC) Data Submission Date: March 20, 2020. DATES: Comments regarding this Request Form, 0925–0752, Expiration Time: 11:00 a.m. to 3:00 p.m. information collection are best assured Date 5/31/2020, EXTENSION, National Agenda: To review and evaluate grant of having their full effect if received Cancer Institute (NCI), National applications. within 30-days of the date of this Institutes of Health (NIH). Place: National Institutes of Health, publication. Need and Use of Information Rockledge II, 6701 Rockledge Dr., Bethesda, Collection: The purpose of the NCI MD 20892 (Telephone Conference Call). ADDRESSES: Written comments and/or Genomic Data Commons (GDC) Data Contact Person: Kenneth Ryan, Ph.D., suggestions regarding the item(s) Submission Request Form is to provide Scientific Review Officer, Center for contained in this notice, especially a vehicle for investigators to request Scientific Review, National Institutes of regarding the estimated public burden submission of their cancer genomic data Health, 6701 Rockledge Drive, Room 3218, and associated response time, should be into the GDC in support of data sharing. MSC 7717, Bethesda, MD 20892, (301) 435– directed to the: Office of Management The purpose is to also provide a 0229, [email protected]. and Budget, Office of Regulatory Affairs, _ mechanism for the GDC Data (Catalogue of Federal Domestic Assistance OIRA [email protected] or by Submission Review Committee to Program Nos. 93.14, Intramural Research fax to 202–395–6974, Attention: Desk review and assess the data submission Training Award; 93.22, Clinical Research Officer for NIH. request for applicability to the GDC Loan Repayment Program for Individuals FOR FURTHER INFORMATION CONTACT: To mission. The scope of the form involves from Disadvantaged Backgrounds; 93.232, request more information on the obtaining information from investigators Loan Repayment Program for Research proposed project or to obtain a copy of that: (1) Would like to submit data about Generally; 93.39, Academic Research the data collection plans and their study into the GDC, (2) are Enhancement Award; 93.936, NIH Acquired instruments, contact: Zhining Wang, affiliated with studies that adhere to Immunodeficiency Syndrome Research Loan Ph.D., Project Officer, Center for Cancer GDC data submission conditions. The Repayment Program; 93.187, Undergraduate Genomics (CCG), National Cancer benefits of the collection are that it Scholarship Program for Individuals from Institute, Building 31 Room 3A20, 31 provides the needed information for Disadvantaged Backgrounds, National Center Drive, Bethesda, MD 20814 or investigators to understand the types of Institutes of Health, HHS) call non-toll-free number 301–402–1892 studies and data that the GDC supports, Dated: February 7, 2020. or email your request, including your and that it provides a standard address to: [email protected]. Miguelina Perez, mechanism for the GDC to assess SUPPLEMENTARY INFORMATION: This incoming data submission requests. Program Analyst, Office of Federal Advisory proposed information collection was OMB approval is requested for 3 Committee Policy. previously published in the Federal years. There are no costs to respondents [FR Doc. 2020–02860 Filed 2–12–20; 8:45 am] Register on December 2, 2019 page other than their time. The total BILLING CODE 4140–01–P 65990 (Vol. 84 No. 231 FR 65990 and estimated annualized burden hours are allowed 60 days for public comment. No 50 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

Number of Number of responses Average time Total annual Type ofrespondent respondents per per response burden hour respondent (in hours)

Investigator ...... 200 1 15/60 50

Total ...... 200 ...... 50

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Dated: February 6, 2020. In accordance with 42 U.S.C. 282(f) of activities including, but not limited to, Diane Kreinbrink, the Public Health Service Act, as funding opportunities, workshops, and Project Clearance Liaison, National Cancer amended, the mission of the ODP is to conferences across the NIH and with Institute, National Institutes of Health. improve public health by increasing the other public and private organizations. [FR Doc. 2020–02911 Filed 2–12–20; 8:45 am] scope, quality, dissemination, and The Office is looking to build and BILLING CODE 4140–01–P impact of prevention research supported leverage its resources and partnerships by the NIH. The ODP’s Strategic Plan FY to further support prevention research. 2019–2023 includes six strategic Input received from this RFI will help DEPARTMENT OF HEALTH AND priorities and three cross-cutting themes the ODP identify opportunities for HUMAN SERVICES that guide the activities of the Office. increased dialogue, partnerships, The cross-cutting themes represent collaboration, and engagement with National Institutes of Health areas of opportunity for the ODP to stakeholders. The ODP hopes this will serve as a catalyst for developing, help us pinpoint areas where Request for Information: Stakeholder coordinating, and implementing new collaborative efforts can help advance Input on Opportunities for Increased activities and to better integrate disease prevention research. Collaboration to Advance Prevention prevention into trans-NIH initiatives. Research • Stimulate research to address the Information Requested AGENCY: National Institutes of Health, leading causes and risk factors for The ODP is seeking input on the HHS. premature mortality and morbidity. following topics/areas: • Support activities that strengthen 1. Please comment on the top 2–3 ACTION: Notice. research to address health disparities. strategies for increasing collaboration • Promote prevention-related SUMMARY: The National Institutes of and engagement between the ODP and dissemination and implementation Health (NIH), Office of the Director, your organization. The ODP is research. Office of Disease Prevention (ODP) particularly interested in opportunities The ODP’s six priorities represent the issues this Request for Information (RFI) to advance areas that address the top breadth of our activities and allow for to identify opportunities to foster and disease risk factors in the United States, emerging areas of opportunity to be engage in partnerships and dialogue as well as efforts to reduce health incorporated into Office activities. disparities, improve quality and access with stakeholders to advance prevention • Systematically monitor NIH to care for major contributors to research. The ODP hopes this will help investments in prevention research and us determine areas where we can morbidity and mortality, and help the progress and results of that research. address social determinants of health. collaboratively advance prevention • Identify prevention research areas research priorities, training 2. Please provide suggestions for how for investment or expanded effort by the the ODP can foster high-quality opportunities, and better meet the needs NIH. of our stakeholders. The ODP invites • collaborative prevention research and in Promote the use of the best what areas (e.g., screening for disease or input from researchers in academia and available methods in prevention industry, health care professionals, risk factors, economics of prevention, research and support the development prevention methods and measurement patient advocates and advocacy of better methods. organizations, scientific or professional • research, training efforts). Promote collaborative prevention 3. The ODP has developed resources organizations, federal agencies, and research projects and facilitate other interested members of the public. to educate researchers and promote coordination of such projects across the prevention research. The Office is Organizations are strongly encouraged NIH and with other public and private to submit a single response that reflects looking for opportunities to collaborate entities. with organizations to create new the views of the organization and • Promote and facilitate tobacco materials to achieve these goals. Please membership as a whole. regulatory science and tobacco identify the 2–3 resources (e.g., training DATES: prevention research. The ODP’s RFI is open for public courses, fact sheets, infographics, • Communicate the importance and comment for a period of 45 days. videos) that would be most useful for value of prevention research, Responses must be received by 5:00 your organization. disseminate prevention research p.m. ET on March 29, 2020 to ensure 4. The ODP often presents and resources and programs, and build and consideration. exhibits at various scientific meetings. enhance relationships with key ADDRESSES: Comments must be Please identify scientific meetings that stakeholders. submitted electronically at https:// The definition of prevention research might benefit from ODP participation. prevention.nih.gov/StakeholderRFI. used by the ODP encompasses both 5. Optional: Please indicate if you are a: • FOR FURTHER INFORMATION CONTACT: primary and secondary prevention. Researcher in academia • Please direct all inquiries to Marie Primary prevention includes research Researcher in industry • Rienzo, M.A.; ODP, NIH; Phone: 301– designed to promote health; identify Health care professional • 827–5561; email: [email protected]. risk factors for developing a new health Patient advocate • SUPPLEMENTARY INFORMATION: To ensure condition (e.g., disease, disorder, Staff member at a scientific or consideration, responses must be injury); and prevent the onset of a new professional organization • submitted electronically at https:// health condition. Secondary prevention Federal government employee prevention.nih.gov/StakeholderRFI. includes research designed to identify Responses to this RFI are voluntary Respondents will receive a confirmation risk factors for the progression or and may be submitted anonymously. of their submission but will not get recurrence of a health condition and Proprietary, classified, confidential, or individualized feedback. All detecting and preventing progression of sensitive information should not be respondents are encouraged to sign up an asymptomatic or early-stage included in responses. We will post a for the ODP listserv to receive condition. summary report of the comments on the information about the ODP’s latest The ODP helps develop and ODP website. Any personal identifiers activities. coordinate prevention research (personal names, email addresses, etc.)

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will be removed when responses are Dated: February 7, 2020. Dated: February 7, 2020. compiled. Miguelina Perez, Miguelina Perez, This RFI is for planning purposes Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory only and should not be construed as a Committee Policy. Committee Policy. solicitation for applications or [FR Doc. 2020–02859 Filed 2–12–20; 8:45 am] [FR Doc. 2020–02861 Filed 2–12–20; 8:45 am] proposals, or as an obligation in any BILLING CODE 4140–01–P BILLING CODE 4140–01–P way on the part of the United States Federal government. The Federal government will not pay for the DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND preparation of any information HUMAN SERVICES HUMAN SERVICES submitted or for the government’s use. National Institutes of Health National Institutes of Health Additionally, the government cannot guarantee the confidentiality of the National Human Genome Research Submission for OMB Review; 30-Day information provided. Institute; Notice of Closed Meetings Comment Request; Generic Clearance Dated: February 7, 2020. for the Collection of Qualitative Lawrence A. Tabak, Pursuant to section 10(d) of the Feedback on Agency Service Delivery, Federal Advisory Committee Act, as (National Cancer Institute) Principle Deputy Director, National Institutes of Health. amended, notice is hereby given of the following meetings. AGENCY: National Institutes of Health, [FR Doc. 2020–02918 Filed 2–12–20; 8:45 am] HHS. The meetings will be closed to the BILLING CODE 4140–01–P ACTION: Notice. public in accordance with the provisions set forth in sections SUMMARY: In compliance with the DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Paperwork Reduction Act of 1995, the HUMAN SERVICES as amended. The grant applications and National Institutes of Health (NIH) has the discussions could disclose submitted to the Office of Management National Institutes of Health confidential trade secrets or commercial and Budget (OMB) a request for review property such as patentable material, and approval of the information National Human Genome Research and personal information concerning collection listed below. Institute; Notice of Closed Meeting individuals associated with the grant DATES: Comments regarding this applications, the disclosure of which information collection are best assured Pursuant to section 10(d) of the would constitute a clearly unwarranted of having their full effect if received Federal Advisory Committee Act, as invasion of personal privacy. amended, notice is hereby given of the within 30-days of the date of this Name of Committee: National Human publication. following meeting. Genome Research Institute Special Emphasis The meeting will be closed to the Panel; Genomic Resource. ADDRESSES: Written comments and/or public in accordance with the Date: March 25, 2020. suggestions regarding the item(s) provisions set forth in sections Time: 12:00 p.m. to 5:00 p.m. contained in this notice, especially 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant regarding the estimated public burden as amended. The grant applications and applications. and associated response time, should be Place: National Human Genome Research the discussions could disclose directed to the: Office of Management Institute, 6700B Rockledge Drive, Room and Budget, Office of Regulatory Affairs, confidential trade secrets or commercial 3188, Bethesda, MD 20817. (Telephone _ property such as patentable material, OIRA [email protected] or by Conference Call) fax to 202–395–6974, Attention: NIH and personal information concerning Contact Person: Keith McKenney, Ph.D., individuals associated with the grant Scientific Review Officer, National Human Desk Officer. applications, the disclosure of which Genome Research Institute, National FOR FURTHER INFORMATION CONTACT: would constitute a clearly unwarranted Institutes of Health, 6700B Rockledge Drive, Diane Kreinbrink, Office of Management invasion of personal privacy. Room 3188, Bethesda, MD 20817, (301) 594– Policy and Compliance, National Cancer 4280, [email protected]. Institute, 9609 Medical Center Drive, Name of Committee: National Human Name of Committee: National Human Bethesda, MD 20892–9760 or call non- Genome Research Institute Initial Review Genome Research Institute Special Emphasis toll-free number (240) 276–5582 or Group; Genome Research Review Committee. Panel; Genome Innovator. Email your request, including your Date: March 5, 2020. Date: March 26, 2020. address to: [email protected]. Time: 11:30 a.m. to 3:00 p.m. Time: 11:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant SUPPLEMENTARY INFORMATION: This applications. applications. proposed information collection was Place: National Human Genome Research Place: National Human Genome Research previously published in the Federal Institute, 6700B Rockledge Drive, Jordan Institute, 6700B Rockledge Drive, Room Register on December 3, 2019, page Conf. Rm. (#2201), Bethesda, MD 20917 3180, Bethesda, MD 20817. (Telephone 66209 (Vol. 84, No. 232 FR 66209) and (Telephone Conference Call). Conference Call) allowed 60 days for public comment. Contact Person: Rudy Pozzatti, Ph.D., Contact Person: Ken D. Nakamura, Ph.D., One public comment was received. The Scientific Review Officer, Scientific Review Scientific Review Officer, Scientific Review purpose of this notice is to allow an Branch, National Human Genome Research Branch, National Human Genome Research Institute, National Institutes of Health, 6700B additional 30 days for public comment. Institute, 6700B Rockledge Drive, Room Rockledge Drive, Room 3180, Bethesda, MD The National Cancer Institute (NCI), 3184, Bethesda, MD 20817, (301) 402–0838, 20817, (301) 402–0838, nakamurk@ National Institutes of Health, may not [email protected]. mail.nih.gov. conduct or sponsor, and the respondent (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance is not required to respond to, an Program Nos. 93.172, Human Genome Program Nos. 93.172, Human Genome information collection that has been Research, National Institutes of Health, HHS) Research, National Institutes of Health, HHS) extended, revised, or implemented on or

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after October 1, 1995, unless it displays (NCI), National Institutes of Health on areas where communication, training a currently valid OMB control number. (NIH). or changes in operations might improve In compliance with Section Need and Use of Information delivery of products or services. It also 3507(a)(1)(D) of the Paperwork Collection: This information collection allows feedback to contribute directly to Reduction Act of 1995, the National activity is collecting qualitative the improvement of program Institutes of Health (NIH) has submitted customer and stakeholder feedback in management. Feedback collected under to the Office of Management and Budget an efficient, timely manner, in this generic clearance provides useful (OMB) a request for review and accordance with the Administration’s information but it will not yield data commitment to improving service approval of the information collection that can be generalized to the overall listed below. delivery. This generic provides population. Proposed Collection: Generic information about the National Cancer Clearance for the Collection of Institute’s customer or stakeholder OMB approval is requested for 3 year. Qualitative Feedback on Agency Service perceptions, experiences and There are no costs to respondents other Delivery (NCI), 0925–0642, expectations, provide an early warning than their time. The total estimated EXTENSION, National Cancer Institute of issues with service, or focus attention annualized burden hours are 9,337.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Surveys ...... Individuals ...... 27,100 1 12/60 5,420 In-Depth Interviews (IDIs) or Small Discussion Individuals ...... 500 1 90/60 750 Groups. Focus Groups ...... Individuals ...... 1000 1 90/60 1,500 Website or Software Usability Tests ...... Individuals ...... 5000 1 20/60 1,667

Total ...... 33,600 ...... 9,337

Dated: February 5, 2020. DATES: This RFI is open for public approach towards the achievement of its Diane Kreinbrink, comment for a period of 6 weeks. mission while ensuring good Project Clearance Liaison, National Cancer Comments must be received by 11:59:59 stewardship of taxpayer funds. It is not Institute, National Institutes of Health. p.m. (ET) on March 25, 2020 to ensure intended to outline the myriad of [FR Doc. 2020–02913 Filed 2–12–20; 8:45 am] consideration. important research opportunities for BILLING CODE 4140–01–P ADDRESSES: All comments must be specific diseases or conditions. Nor will submitted electronically on the it focus on the specific research submission website, available at https:// missions of each component Institute, DEPARTMENT OF HEALTH AND grants.nih.gov/grants/rfi/rfi.cfm?ID=101. Center and Office. Those opportunities HUMAN SERVICES are found within strategic plans that are FOR FURTHER INFORMATION CONTACT: specific to an Institute, Center, or Office, Please direct all inquiries to: Marina National Institutes of Health or specific to a particular disease or Volkov, [email protected], disorder. (A list of Institute, Center, or 301.496.4147. Request for Information (RFI): Inviting Office-specific, topical, and other NIH- Comments and Suggestions on a SUPPLEMENTARY INFORMATION: The wide or interagency strategic plans is Framework for the NIH-Wide Strategic purpose of the NIH-Wide Strategic Plan available at https://report.nih.gov/ Plan for FYs 2021–2025 is to communicate how NIH will strategicplans/.) advance its mission to support research The Framework for the FY 2021–2025 AGENCY: National Institutes of Health, in pursuit of fundamental knowledge HHS. NIH-Wide Strategic Plan, below, about the nature and behavior of living articulates NIH’s priorities in three key ACTION: Notice. systems, and the application of that areas (Objectives): Biomedical and knowledge to enhance health, lengthen behavioral science research; scientific SUMMARY: This Request for Information life, and reduce illness and disability. research capacity; and scientific (RFI) is intended to gather broad public The current NIH-Wide Strategic Plan integrity, public accountability, and input to assist the National Institutes of (available at: https://www.nih.gov/ social responsibility in the conduct of Health (NIH) in developing the NIH- about-nih/nih-wide-strategic-plan), science. These Objectives apply across Wide Strategic Plan for Fiscal Years covering FYs 2016–2020, was submitted NIH. In addition, several Cross-Cutting (FYs) 2021–2025. NIH invites input to Congress on December 15, 2015. As Themes, which span the scope of these from stakeholders throughout the part of implementing the 21st Century Objectives, are identified. scientific research, advocacy, and Cures Act (Pub. L. 114–255), NIH will clinical practice communities, as well as update its Strategic Plan every five NIH-Wide Strategic Plan Framework the general public, regarding the years. The agency is currently Cross Cutting Themes proposed framework for the FY 2021– developing an updated NIH-Wide 2025 NIH-Wide Strategic Plan. Strategic Plan, for FYs 2021–2025, and • Increasing, Enhancing, and Organizations are strongly encouraged anticipates releasing it in December Supporting Diversity to submit a single response that reflects 2020. • Improving Women’s Health and the views of their organization and their The FY 2021–2025 NIH-Wide Minority Health, and Reducing Health membership as a whole. Strategic Plan will highlight NIH’s Disparities

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• Optimizing Data Science and the resultant solicitation(s), grant(s), or Dated: February 10, 2020. Development of Technologies and cooperative agreement(s), or in the Melanie J. Pantoja, Tools development of future funding Program Analyst, Office of Federal Advisory • Promoting Collaborative Science opportunity announcements. This RFI is Committee Policy. • Addressing Public Health Challenges for informational and planning purposes [FR Doc. 2020–02915 Filed 2–12–20; 8:45 am] Across the Lifespan only and is not a solicitation for BILLING CODE 4140–01–P Objective 1: Advancing Biomedical and applications or an obligation on the part Behavioral Sciences of the Government to provide support for any ideas identified in response to DEPARTMENT OF HEALTH AND • Driving Foundational Science it. Please note that the Government will HUMAN SERVICES • Preventing Disease and Promoting not pay for the preparation of any Health information submitted or for use of that • National Institutes of Health Developing Treatments, Interventions, information. and Cures We look forward to your input and National Eye Institute; Notice of Closed Objective 2: Developing, Maintaining, hope that you will share this RFI Meeting and Renewing Scientific Research opportunity with your colleagues. Pursuant to section 10(d) of the Capacity Dated: February 7, 2020. Federal Advisory Committee Act, as • Cultivating the Biomedical Research Lawrence A. Tabak, Workforce amended, notice is hereby given of the Principal Deputy Director, National Institutes following meeting. • Supporting Research Resources and of Health. Infrastructure [FR Doc. 2020–02919 Filed 2–12–20; 8:45 am] The meeting will be closed to the public in accordance with the Objective 3: Exemplifying and BILLING CODE 4140–01–P Promoting the Highest Level of Scientific provisions set forth in sections Integrity, Public Accountability, and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Social Responsibility in the Conduct of DEPARTMENT OF HEALTH AND as amended. The grant applications and Science HUMAN SERVICES the discussions could disclose • confidential trade secrets or commercial Fostering a Culture of Good Scientific National Institutes of Health property such as patentable material, Stewardship and personal information concerning • Leveraging Partnerships National Human Genome Research • Ensuring Accountability and Institute; Notice of Closed Meeting individuals associated with the grant Confidence in Biomedical and applications, the disclosure of which Behavioral Sciences Pursuant to section 10(d) of the would constitute a clearly unwarranted • Optimizing Operations Federal Advisory Committee Act, as invasion of personal privacy. The NIH seeks comments on any or amended, notice is hereby given of the Name of Committee: National Eye Institute all of, but not limited to, the following following meeting. Special Emphasis Panel; NEI Conference topics: The meeting will be closed to the Grants Applications. • Cross-Cutting Themes articulated in public in accordance with the Date: March 11, 2020. the framework, and/or additional provisions set forth in sections Time: 12:00 p.m. to 2:00 p.m. cross-cutting themes that may be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant considered as amended. The grant applications and applications. • NIH’s priorities across the three key the discussions could disclose Place: National Eye Institute, 6700B areas (Objectives) articulated in the confidential trade secrets or commercial Rockledge Drive, Suite 3400, Bethesda, MD framework, including potential property such as patentable material, 20817 (Telephone Conference Call). benefits, drawbacks or challenges, and and personal information concerning Contact Person: Brian Hoshaw, Ph.D., other priority areas for consideration Designated Federal Official, Division of • individuals associated with the grant Future opportunities or emerging applications, the disclosure of which Extramural Research, National Eye Institute, trans-NIH needs would constitute a clearly unwarranted National Institutes of Health, 6700 B NIH encourages organizations (e.g., invasion of personal privacy. Rockledge Dr., Ste 3400, Rockville, MD patient advocacy groups, professional 20892, 301–451–2020, hoshawb@ organizations) to submit a single Name of Committee: Center for Inherited mail.nih.gov. response reflective of the views of the Disease Research Access Committee. Date: March 6, 2020. (Catalogue of Federal Domestic Assistance organization or membership as a whole. Time: 11:30 a.m. to 12:30 p.m. Program Nos. 93.867, Vision Research, Responses to this RFI are voluntary Agenda: To review and evaluate grant National Institutes of Health, HHS) and may be submitted anonymously. applications. Dated: February 10, 2020. Please do not include any personally Place: National Human Genome Research identifiable information or any Institute, National Institutes of Health, 6700 Melanie J. Pantoja, information that you do not wish to B Rockledge Drive, Room 3185, Bethesda, Program Analyst, Office of Federal Advisory make public. Proprietary, classified, MD 20892 (Telephone Conference Call). Committee Policy. confidential, or sensitive information Contact Person: Barbara J. Thomas, Ph.D., [FR Doc. 2020–02914 Filed 2–12–20; 8:45 am] Scientific Review Officer, Scientific Review should not be included in your BILLING CODE 4140–01–P Branch, National Human Genome Research response. The Government will use the Institute, National Institutes of Health, 6700 information submitted in response to B Rockledge Drive, Room 3185, Bethesda, this RFI at its discretion. The MD 20892, 301–402–0838, barbara.thomas@ Government reserves the right to use nih.gov. any submitted information on public (Catalogue of Federal Domestic Assistance websites, in reports, in summaries of the Program Nos. 93.172, Human Genome state of the science, in any possible Research, National Institutes of Health, HHS)

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DEPARTMENT OF HEALTH AND Substantive meeting information and products and accredited to test HUMAN SERVICES a roster of ACWS members may be petroleum and certain petroleum obtained either by accessing the products for customs purposes for the Substance Abuse and Mental Health SAMHSA Committees’ Web https:// next three years as of August 28, 2019. Services Administration www.samhsa.gov/about-us/advisory- DATES: Inspectorate America councils/meetings, or by contacting Ms. Corporation (Ferndale, WA) was Notice of Meeting; Advisory Committee Kolick. for Women’s Services (ACWS) approved and accredited as a Committee Name: Substance Abuse commercial gauger and laboratory as of and Mental Health Services August 28, 2019. The next triennial Pursuant to Public Law 92–463, Administration, Advisory Committee for notice is hereby given of a meeting of inspection date will be scheduled for Women’s Services (ACWS). August 2022. the Substance Abuse and Mental Health Date/Time/Type: Tuesday, March 17, Services Administration’s (SAMHSA) 2020, from: 9:00 a.m. to 4:00 p.m. EDT FOR FURTHER INFORMATION CONTACT: Dr. Advisory Committee for Women’s (OPEN). Justin Shey, Laboratories and Scientific Services (ACWS) on March 17, 2020. Place: SAMHSA, 5600 Fishers Lane, Services, U.S. Customs and Border The meeting will include discussions Rockville, MD 20857. Protection, 1300 Pennsylvania Avenue on assessing SAMHSA’s current Contact: Valerie Kolick, Designated NW, Suite 1500N, Washington, DC strategies, including the mental health Federal Officer, SAMHSA’s Advisory 20229, tel. 202–344–1060. and substance use needs of the women Committee for Women’s Services, 5600 SUPPLEMENTARY INFORMATION: Notice is and girls population. Additionally, the Fishers Lane, Rockville, MD 20857, hereby given pursuant to 19 CFR 151.12 ACWS will be addressing priorities Telephone: (240) 276–1738, Email: and 19 CFR 151.13, that Inspectorate regarding the needs of women veterans, [email protected]. America Corporation, 1350 Slater Rd., foster care systems of care, and Dated: February 7, 2020. Suite 7, Ferndale, WA 98248, has been directions around behavioral health Carlos Castillo, approved to gauge petroleum and services and access for women and CAPT, USPHS, Committee Management certain petroleum products and children. Officer, Substance Abuse and Mental Health, accredited to test petroleum and certain The meeting is open to the public and Services Administration. petroleum products for customs will be held at SAMHSA, 5600 Fishers [FR Doc. 2020–02850 Filed 2–12–20; 8:45 am] purposes, in accordance with the Lane, Rockville, MD, 20857. Interested BILLING CODE 4162–20–P provisions of 19 CFR 151.12 and 19 CFR persons may present data, information, 151.13. or views, orally or in writing, on issues Inspectorate America Corporation pending before the committee. Written DEPARTMENT OF HOMELAND (Ferndale, WA) is approved for the submissions should be forwarded to the SECURITY following gauging procedures for contact person by March 12, 2020. Oral petroleum and certain petroleum presentations from the public will be U.S. Customs and Border Protection products from the American Petroleum scheduled at the conclusion of the Institute (API): meeting. Individuals interested in Accreditation and Approval of making oral presentations are Inspectorate America Corporation API chapters Title encouraged to notify the contact person (Ferndale, WA) as a Commercial Gauger and Laboratory 3 ...... Tank Gauging. on or before March 12, 2020. Five 7 ...... Temperature Determination. minutes will be allotted for each AGENCY: U.S. Customs and Border 8 ...... Sampling. presentation. Protection, Department of Homeland 12 ...... Calculations. The meeting may be accessed via Security. 17 ...... Marine Measurement. telephone or web meeting. To obtain the ACTION: Notice of accreditation and call-in number and access code, submit approval of Inspectorate America Inspectorate America Corporation written or brief oral comments, or Corporation (Ferndale, WA), as a (Ferndale, WA) is accredited for the request special accommodations for commercial gauger and laboratory. following laboratory analysis persons with disabilities, please register procedures and methods for petroleum on-line at http:// SUMMARY: Notice is hereby given, and certain petroleum products set forth snacregister.samhsa.gov/ pursuant to CBP regulations, that by the U.S. Customs and Border MeetingList.aspx, or communicate with Inspectorate America Corporation Protection Laboratory Methods (CBPL) SAMHSA’s Designated Federal Officer, (Ferndale, WA), has been approved to and American Society for Testing and Ms. Valerie Kolick. gauge petroleum and certain petroleum Materials (ASTM):

CBPL No. ASTM Title

27–01 ...... D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27–02 ...... D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27–03 ...... D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27–05 ...... D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–58 ...... D 5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method). N/A ...... D 4007 Standard Test Method for Water and Sediment in Crude Oil by the Centrifuge Method (Laboratory Proce- dure).

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Anyone wishing to employ this entity DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: Notice is to conduct laboratory analyses and SECURITY hereby given pursuant to 19 CFR 151.12 gauger services should request and and 19 CFR 151.13, that Inspectorate receive written assurances from the U.S. Customs and Border Protection America Corporation, 3306 25th Ave North, Texas City, TX 77590, has been entity that it is accredited or approved Accreditation and Approval of by the U.S. Customs and Border Inspectorate America Corporation approved to gauge petroleum and Protection to conduct the specific test or (Texas City, TX) as a Commercial certain petroleum products and gauger service requested. Alternatively, Gauger and Laboratory accredited to test petroleum and certain inquiries regarding the specific test or petroleum products for customs gauger service this entity is accredited AGENCY: U.S. Customs and Border purposes, in accordance with the or approved to perform may be directed Protection, Department of Homeland provisions of 19 CFR 151.12 and 19 CFR to the U.S. Customs and Border Security. 151.13. ACTION: Protection by calling (202) 344–1060. Notice of accreditation and Inspectorate America Corporation approval of Inspectorate America The inquiry may also be sent to (Texas City, TX) is approved for the Corporation (Texas City, TX), as a [email protected]. Please following gauging procedures for commercial gauger and laboratory. reference the website listed below for a petroleum and certain petroleum complete listing of CBP approved SUMMARY: Notice is hereby given, products from the American Petroleum gaugers and accredited laboratories. pursuant to CBP regulations, that Institute (API): http://www.cbp.gov/about/labs- Inspectorate America Corporation scientific/commercial-gaugers-and- (Texas City, TX), has been approved to API chapters Title laboratories. gauge petroleum and certain petroleum products and accredited to test 3 ...... Tank Gauging. Dated: February 4, 2020. petroleum and certain petroleum 7 ...... Temperature Determination. Dave Fluty, products for customs purposes for the 8 ...... Sampling. Executive Director, Laboratories and next three years as of March 14, 2019. 12 ...... Calculations. Scientific Services Directorate. DATES: Inspectorate America 14 ...... Natural Gas Fluids Measure- ment. [FR Doc. 2020–02937 Filed 2–12–20; 8:45 am] Corporation (Texas City, TX) was 17 ...... Marine Measurement. BILLING CODE 9111–14–P approved and accredited as a commercial gauger and laboratory as of March 14, 2019. The next triennial Inspectorate America Corporation inspection date will be scheduled for (Texas City, TX) is accredited for the March 2022. following laboratory analysis FOR FURTHER INFORMATION CONTACT: Dr. procedures and methods for petroleum Justin Shey, Laboratories and Scientific and certain petroleum products set forth Services, U.S. Customs and Border by the U.S. Customs and Border Protection, 1300 Pennsylvania Avenue Protection Laboratory Methods (CBPL) NW, Suite 1500N, Washington, DC and American Society for Testing and 20229, tel. 202–344–1060. Materials (ASTM):

CBPL No. ASTM Title

27–03 ...... D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27–04 ...... D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–05 ...... D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–07 ...... D 4807 Standard Test Method for Sediment in Crude Oil by Membrane Filtration. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dy- namic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–46 ...... D5002 Standard Test Method for Density, Relative Density, and API Gravity of Crude Oils by Digital Density Ana- lyzer. 27–48 ...... D 4052 Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter. 27–50 ...... D 93 Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27–53 ...... D 2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27–54 ...... D 1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method (Laboratory Proce- dure). N/A ...... D 1160 Standard Test Method for Distillation of Petroleum Products at Reduced Pressure.

Anyone wishing to employ this entity inquiries regarding the specific test or complete listing of CBP approved to conduct laboratory analyses and gauger service this entity is accredited gaugers and accredited laboratories. gauger services should request and or approved to perform may be directed http://www.cbp.gov/about/labs- receive written assurances from the to the U.S. Customs and Border scientific/commercial-gaugers-and- entity that it is accredited or approved Protection by calling (202) 344–1060. laboratories. by the U.S. Customs and Border The inquiry may also be sent to Protection to conduct the specific test or [email protected]. Please gauger service requested. Alternatively, reference the website listed below for a

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Dated: February 4, 2020. (Tampa, FL), has been approved to provisions of 19 CFR 151.12 and 19 CFR Dave Fluty, gauge petroleum and certain petroleum 151.13. Executive Director, Laboratories and products and accredited to test Inspectorate America Corporation Scientific Services Directorate. petroleum and certain petroleum (Tampa, FL) is approved for the products for customs purposes for the [FR Doc. 2020–02930 Filed 2–12–20; 8:45 am] following gauging procedures for next three years as of June 19, 2019. BILLING CODE 9111–14–P petroleum and certain petroleum DATES: Inspectorate America products from the American Petroleum Corporation (Tampa, FL) was approved Institute (API): DEPARTMENT OF HOMELAND and accredited as a commercial gauger SECURITY and laboratory as of June 19, 2019. The API chapters Title next triennial inspection date will be U.S. Customs and Border Protection scheduled for June 2022. 3 ...... Tank Gauging. FOR FURTHER INFORMATION CONTACT: Accreditation and Approval of Dr. 7 ...... Temperature Determination. Justin Shey, Laboratories and Scientific Inspectorate America Corporation 8 ...... Sampling. Services, U.S. Customs and Border (Tampa, FL) as a Commercial Gauger 11 ...... Physical Properties Data. Protection, 1300 Pennsylvania Avenue and Laboratory 12 ...... Calculations. NW, Suite 1500N, Washington, DC 17 ...... Marine Measurement. AGENCY: U.S. Customs and Border 20229, tel. 202–344–1060. Protection, Department of Homeland SUPPLEMENTARY INFORMATION: Notice is Inspectorate America Corporation Security. hereby given pursuant to 19 CFR 151.12 (Tampa, FL) is accredited for the ACTION: Notice of accreditation and and 19 CFR 151.13, that Inspectorate following laboratory analysis America Corporation, 3904 Corporex approval of Inspectorate America procedures and methods for petroleum Park Drive, Suite 145, Tampa, FL 33619, Corporation (Tampa, FL), as a and certain petroleum products set forth commercial gauger and laboratory. has been approved to gauge petroleum and certain petroleum products and by the U.S. Customs and Border SUMMARY: Notice is hereby given, accredited to test petroleum and certain Protection Laboratory Methods (CBPL) pursuant to CBP regulations, that petroleum products for customs and American Society for Testing and Inspectorate America Corporation purposes, in accordance with the Materials (ASTM):

CBPL No. ASTM Title

27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dy- namic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–48 ...... D 4052 Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter. 27–57 ...... D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X- Ray Fluorescence Spectrometry. 27–58 ...... D 5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method).

Anyone wishing to employ this entity Dated: February 4, 2020. Off, LA), has been approved to gauge to conduct laboratory analyses and Dave Fluty, petroleum and certain petroleum gauger services should request and Executive Director, Laboratories and products for customs purposes for the receive written assurances from the Scientific Services Directorate. next three years as of September 24, entity that it is accredited or approved [FR Doc. 2020–02931 Filed 2–12–20; 8:45 am] 2019. by the U.S. Customs and Border BILLING CODE 9111–14–P DATES: Barrios Measurement Services Protection to conduct the specific test or LLC (Cut Off, LA) was approved, as a gauger service requested. Alternatively, commercial gauger as of September 24, DEPARTMENT OF HOMELAND inquiries regarding the specific test or 2019. The next triennial inspection date SECURITY gauger service this entity is accredited will be scheduled for September 2022. or approved to perform may be directed U.S. Customs and Border Protection FOR FURTHER INFORMATION CONTACT: Dr. to the U.S. Customs and Border Justin Shey, Laboratories and Scientific Protection by calling (202) 344–1060. Approval of Barrios Measurement Services Directorate, U.S. Customs and The inquiry may also be sent to Services LLC (Cut Off, LA), as a Border Protection, 1300 Pennsylvania [email protected]. Please Commercial Gauger Avenue NW, Suite 1500N, Washington, reference the website listed below for a DC 20229, tel. 202–344–1060. AGENCY: U.S. Customs and Border complete listing of CBP approved Protection, Department of Homeland SUPPLEMENTARY INFORMATION: Notice is gaugers and accredited laboratories. Security. hereby given pursuant to 19 CFR 151.13, http://www.cbp.gov/about/labs- ACTION: Notice of approval of Barrios that Barrios Measurement Services LLC, scientific/commercial-gaugers-and- Measurement Services LLC (Cut Off, 228 West 133rd St., Cut Off, LA 70345 laboratories. LA), as a commercial gauger. has been approved to gauge petroleum and certain petroleum products for SUMMARY: Notice is hereby given, customs purposes, in accordance with pursuant to CBP regulations, that the provisions of 19 CFR 151.13. Barrios Barrios Measurement Services LLC (Cut Measurement Services LLC (Cut Off,

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LA) is approved for the following DEPARTMENT OF HOMELAND and 19 CFR 151.13, that Inspectorate gauging procedures for petroleum and SECURITY America Corporation, 2119 SE Columbia certain petroleum products from the Way, Suite 280, Vancouver, WA 98661, American Petroleum Institute (API): U.S. Customs and Border Protection has been approved to gauge petroleum and certain petroleum products and API chapters Title Accreditation and Approval of Inspectorate America Corporation accredited to test petroleum and certain 8.2 ...... Standard Practice for Auto- (Vancouver, WA) as a Commercial petroleum products for customs matic Sampling of Petro- Gauger and Laboratory purposes, in accordance with the leum and Petroleum Prod- provisions of 19 CFR 151.12 and 19 CFR ucts. AGENCY: U.S. Customs and Border 151.13. 8.3 ...... Standard Practice for Mixing Protection, Department of Homeland and Handling of Liquid Security. Inspectorate America Corporation (Vancouver, WA) is approved for the Samples of Petroleum and ACTION: Notice of accreditation and following gauging procedures for Petroleum Products. approval of Inspectorate America Corporation (Vancouver, WA), as a petroleum and certain petroleum Anyone wishing to employ this entity commercial gauger and laboratory. products from the American Petroleum to conduct gauger services should Institute (API): request and receive written assurances SUMMARY: Notice is hereby given, from the entity that it is approved by the pursuant to CBP regulations, that API chapters Title U.S. Customs and Border Protection to Inspectorate America Corporation conduct the specific gauger service (Vancouver, WA), has been approved to 3 ...... Tank Gauging. requested. Alternatively, inquiries gauge petroleum and certain petroleum 7 ...... Temperature Determination. regarding the specific gauger service this products and accredited to test 8 ...... Sampling. entity is accredited or approved to petroleum and certain petroleum 12 ...... Calculations. perform may be directed to the U.S. products for customs purposes for the 17 ...... Marine Measurement. Customs and Border Protection by next three years as of August 6, 2019. calling (202) 344–1060. The inquiry may DATES: Inspectorate America Inspectorate America Corporation also be sent to CBPGaugersLabs@ Corporation (Vancouver, WA) was (Vancouver, WA) is accredited for the cbp.dhs.gov. Please reference the approved and accredited as a following laboratory analysis website listed below for a complete commercial gauger and laboratory as of procedures and methods for petroleum listing of CBP approved gaugers and August 6, 2019. The next triennial and certain petroleum products set forth accredited laboratories. inspection date will be scheduled for by the U.S. Customs and Border http://www.cbp.gov/about/labs- August 2022. scientific/commercial-gaugers-and- Protection Laboratory Methods (CBPL) FOR FURTHER INFORMATION CONTACT: Dr. laboratories. and American Society for Testing and Justin Shey, Laboratories and Scientific Materials (ASTM): Dated: February 4, 2020. Services, U.S. Customs and Border Dave Fluty, Protection, 1300 Pennsylvania Avenue Executive Director, Laboratories and NW, Suite 1500N, Washington, DC Scientific Services Directorate. 20229, tel. 202–344–1060. [FR Doc. 2020–02925 Filed 2–12–20; 8:45 am] SUPPLEMENTARY INFORMATION: Notice is BILLING CODE 9111–14–P hereby given pursuant to 19 CFR 151.12

CBPL No. ASTM Title

27–01 ...... D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27–02 ...... D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27–03 ...... D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27–04 ...... D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–05 ...... D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–07 ...... D 4807 Standard Test Method for Sediment in Crude Oil by Membrane Filtration. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dy- namic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–20 ...... D 4057 Standard Practice for Manual Sampling of Petroleum and Petroleum Products. 27–48 ...... D 4052 Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter. 27–50 ...... D 93 Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27–53 ...... D 2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27–57 ...... D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X- Ray Fluorescence Spectrometry. 27–58 ...... D 5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method).

Anyone wishing to employ this entity entity that it is accredited or approved inquiries regarding the specific test or to conduct laboratory analyses and by the U.S. Customs and Border gauger service this entity is accredited gauger services should request and Protection to conduct the specific test or or approved to perform may be directed receive written assurances from the gauger service requested. Alternatively, to the U.S. Customs and Border

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Protection by calling (202) 344–1060. ACTION: Notice of accreditation and Suite G, Romeoville, IL 60446, has been The inquiry may also be sent to approval of Inspectorate America approved to gauge petroleum and [email protected]. Please Corporation (Romeoville, IL), as a certain petroleum products and reference the website listed below for a commercial gauger and laboratory. accredited to test petroleum and certain complete listing of CBP approved petroleum products for customs SUMMARY: gaugers and accredited laboratories. Notice is hereby given, purposes, in accordance with the pursuant to CBP regulations, that provisions of 19 CFR 151.12 and 19 CFR http://www.cbp.gov/about/labs- Inspectorate America Corporation 151.13. scientific/commercial-gaugers-and- (Romeoville, IL), has been approved to Inspectorate America Corporation laboratories. gauge petroleum and certain petroleum (Romeoville, IL) is approved for the Dated: February 4, 2020. products and accredited to test following gauging procedures for Dave Fluty, petroleum and certain petroleum petroleum and certain petroleum products for customs purposes for the products from the American Petroleum Executive Director, Laboratories and next three years as of June 28, 2019. Scientific Services Directorate. Institute (API): DATES: Inspectorate America [FR Doc. 2020–02934 Filed 2–12–20; 8:45 am] Corporation (Romeoville, IL) was API chapters Title BILLING CODE 9111–14–P approved and accredited as a commercial gauger and laboratory as of 3 ...... Tank Gauging. June 28, 2019. The next triennial 7 ...... Temperature Determination. DEPARTMENT OF HOMELAND 8 ...... Sampling. inspection date will be scheduled for SECURITY 12 ...... Calculations. June 2022. 17 ...... Marine Measurement. U.S. Customs and Border Protection FOR FURTHER INFORMATION CONTACT: Dr. Justin Shey, Laboratories and Scientific Inspectorate America Corporation Accreditation and Approval of Services, U.S. Customs and Border (Romeoville, IL) is accredited for the Inspectorate America Corporation Protection, 1300 Pennsylvania Avenue following laboratory analysis (Romeoville, IL) as a Commercial NW, Suite 1500N, Washington, DC procedures and methods for petroleum Gauger and Laboratory 20229, tel. 202–344–1060. and certain petroleum products set forth SUPPLEMENTARY INFORMATION: Notice is by the U.S. Customs and Border AGENCY: U.S. Customs and Border hereby given pursuant to 19 CFR 151.12 Protection Laboratory Methods (CBPL) Protection, Department of Homeland and 19 CFR 151.13, that Inspectorate and American Society for Testing and Security. America Corporation, 1404 Joliet Road, Materials (ASTM):

CBPL No. ASTM Title

27–01 ...... D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27–03 ...... D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27–05 ...... D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry.

Anyone wishing to employ this entity Dated: February 4, 2020. Intertek USA, Inc. (Nederland, TX), has to conduct laboratory analyses and Dave Fluty, been approved to gauge petroleum and gauger services should request and Executive Director, Laboratories and certain petroleum products and receive written assurances from the Scientific Services Directorate. accredited to test petroleum and certain entity that it is accredited or approved [FR Doc. 2020–02933 Filed 2–12–20; 8:45 am] petroleum products for customs by the U.S. Customs and Border BILLING CODE 9111–14–P purposes for the next three years as of Protection to conduct the specific test or April 26, 2017. gauger service requested. Alternatively, DATES: Intertek USA, Inc (Nederland, inquiries regarding the specific test or DEPARTMENT OF HOMELAND TX) was approved and accredited as a gauger service this entity is accredited SECURITY commercial gauger and laboratory as of April 26, 2017. The next triennial or approved to perform may be directed U.S. Customs and Border Protection to the U.S. Customs and Border inspection date will be scheduled for Protection by calling (202) 344–1060. Accreditation and Approval of Intertek April 2020. The inquiry may also be sent to USA, Inc. (Nederland, TX) as a FOR FURTHER INFORMATION CONTACT: Dr. [email protected]. Please Commercial Gauger and Laboratory Eugene Bondoc, Laboratories and reference the website listed below for a Scientific Services, U.S. Customs and complete listing of CBP approved AGENCY: U.S. Customs and Border Border Protection, 1300 Pennsylvania gaugers and accredited laboratories. Protection, Department of Homeland Avenue NW, Suite 1500N, Washington, Security. DC 20229, tel. 202–344–3974. http://www.cbp.gov/about/labs- SUPPLEMENTARY INFORMATION: Notice is scientific/commercial-gaugers-and- ACTION: Notice of accreditation and hereby given pursuant to 19 CFR 151.12 laboratories. approval of Intertek USA, Inc. (Nederland, TX), as a commercial gauger and 19 CFR 151.13, that Intertek USA, and laboratory. Inc., 2780 Hwy. 69N, Nederland, TX 77627, has been approved to gauge SUMMARY: Notice is hereby given, petroleum and certain petroleum pursuant to CBP regulations, that products and accredited to test

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petroleum and certain petroleum API chapters Title Intertek USA, Inc. (Nederland, TX) is products for customs purposes, in accredited for the following laboratory accordance with the provisions of 19 3 ...... Tank Gauging. analysis procedures and methods for CFR 151.12 and 19 CFR 151.13. 5 ...... Metering. petroleum and certain petroleum 7 ...... Temperature Determination. Intertek USA, Inc. (Nederland, TX) is 8 ...... Sampling. products set forth by the U.S. Customs approved for the following gauging 11 ...... Physical Properties Data. and Border Protection Laboratory procedures for petroleum and certain 12 ...... Calculations. Methods (CBPL) and American Society petroleum products from the American 14 ...... Natural Gas Fluids Measure- for Testing and Materials (ASTM): ments. Petroleum Institute (API): 17 ...... Marine Measurement.

CBPL No. ASTM Title

27–04 ...... D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–07 ...... D 4807 Standard Test Method for Sediment in Crude Oil by Membrane Filtration. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dy- namic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–46 ...... D5002 Standard Test Method for Density, Relative Density, and API Gravity of Crude Oils by Digital Density Ana- lyzer. 27–48 ...... D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27–53 ...... D 2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27–54 ...... D 1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method.

Anyone wishing to employ this entity DEPARTMENT OF HOMELAND Avenue NW, Suite 1500N, Washington, to conduct laboratory analyses and SECURITY DC 20229, tel. 202–344–3974. gauger services should request and SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection Notice is receive written assurances from the hereby given pursuant to 19 CFR 151.12 entity that it is accredited or approved Accreditation and Approval of Intertek and 19 CFR 151.13, that Intertek USA, by the U.S. Customs and Border USA, Inc. (Chelsea, MA) as a Inc., 230 Crescent Ave., Chelsea, MA Protection to conduct the specific test or Commercial Gauger and Laboratory 02150, has been approved to gauge gauger service requested. Alternatively, petroleum and certain petroleum inquiries regarding the specific test or AGENCY: U.S. Customs and Border products and accredited to test gauger service this entity is accredited Protection, Department of Homeland petroleum and certain petroleum or approved to perform may be directed Security. products for customs purposes, in to the U.S. Customs and Border ACTION: Notice of accreditation and accordance with the provisions of 19 Protection by calling (202) 344–1060. approval of Intertek USA, Inc. (Chelsea, CFR 151.12 and 19 CFR 151.13. The inquiry may also be sent to MA), as a commercial gauger and Intertek USA, Inc. (Chelsea, MA) is [email protected]. Please laboratory. approved for the following gauging reference the website listed below for a SUMMARY: Notice is hereby given, procedures for petroleum and certain complete listing of CBP approved pursuant to CBP regulations, that petroleum products from the American gaugers and accredited laboratories. Intertek USA, Inc. (Chelsea, MA), has Petroleum Institute (API): been approved to gauge petroleum and http://www.cbp.gov/about/labs- API chapters Title scientific/commercial-gaugers-and- certain petroleum products and laboratories. accredited to test petroleum and certain 3 ...... Tank Gauging. petroleum products for customs 7 ...... Temperature Determination. Dated: February 4, 2020. purposes for the next three years as of 8 ...... Sampling. Dave Fluty, August 2, 2018. 12 ...... Calculations. Executive Director, Laboratories and DATES: Intertek USA, Inc. (Chelsea, MA) 17 ...... Marine Measurement. Scientific Services. was approved and accredited as a [FR Doc. 2020–02927 Filed 2–12–20; 8:45 am] commercial gauger and laboratory as of Intertek USA, Inc. (Chelsea, MA) is BILLING CODE 9111–14–P August 2, 2018. The next triennial accredited for the following laboratory inspection date will be scheduled for analysis procedures and methods for August 2021. petroleum and certain petroleum FOR FURTHER INFORMATION CONTACT: Dr. products set forth by the U.S. Customs Eugene Bondoc, Laboratories and and Border Protection Laboratory Scientific Services, U.S. Customs and Methods (CBPL) and American Society Border Protection, 1300 Pennsylvania for Testing and Materials (ASTM):

CBPL No. ASTM Title

27–04 ...... D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure.

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CBPL No. ASTM Title

27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dy- namic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–48 ...... D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27–50 ...... D 93 Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27–54 ...... D 1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method. 27–57 ...... D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X- Ray Fluorescence Spectrometry. 27–58 ...... D 5191 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method). N/A ...... D 1319 Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorp- tion. N/A ...... D 3606 Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromatography.

Anyone wishing to employ this entity DEPARTMENT OF HOMELAND NW, Suite 1500N, Washington, DC to conduct laboratory analyses and SECURITY 20229, tel. 202–344–1060. gauger services should request and SUPPLEMENTARY INFORMATION: Notice is receive written assurances from the U.S. Customs and Border Protection hereby given pursuant to 19 CFR 151.12 entity that it is accredited or approved Accreditation and Approval of and 19 CFR 151.13, that Inspectorate by the U.S. Customs and Border Inspectorate America Corporation America Corporation, 4350 Oakes Rd., Protection to conduct the specific test or (Davie, FL) as a Commercial Gauger Suite 521A, Davie, FL 33314, has been gauger service requested. Alternatively, and Laboratory approved to gauge petroleum and inquiries regarding the specific test or certain petroleum products and gauger service this entity is accredited AGENCY: U.S. Customs and Border accredited to test petroleum and certain or approved to perform may be directed Protection, Department of Homeland petroleum products for customs to the U.S. Customs and Border Security. purposes, in accordance with the Protection by calling (202) 344–1060. ACTION: Notice of accreditation and provisions of 19 CFR 151.12 and 19 CFR The inquiry may also be sent to approval of Inspectorate America 151.13. [email protected]. Please Corporation (Davie, FL), as a Inspectorate America Corporation reference the website listed below for a commercial gauger and laboratory. (Davie, FL) is approved for the following complete listing of CBP approved gauging procedures for petroleum and SUMMARY: Notice is hereby given, gaugers and accredited laboratories. certain petroleum products from the pursuant to CBP regulations, that American Petroleum Institute (API): http://www.cbp.gov/about/labs- Inspectorate America Corporation scientific/commercial-gaugers-and- (Davie, FL), has been approved to gauge API chapters Title laboratories. petroleum and certain petroleum 3 ...... Tank Gauging. Dated: February 4, 2020. products and accredited to test petroleum and certain petroleum 7 ...... Temperature Determination. Dave Fluty, 8 ...... Sampling. products for customs purposes for the 12 ...... Calculations. Executive Director, Laboratories and next three years as of August 7, 2019. Scientific Services. 17 ...... Marine Measurement. DATES: Inspectorate America [FR Doc. 2020–02932 Filed 2–12–20; 8:45 am] Corporation (Davie, FL) was approved Inspectorate America Corporation BILLING CODE 9111–14–P and accredited as a commercial gauger (Davie, FL) is accredited for the and laboratory as of August 7, 2019. The following laboratory analysis next triennial inspection date will be procedures and methods for petroleum scheduled for August 2022. and certain petroleum products set forth FOR FURTHER INFORMATION CONTACT: Dr. by the U.S. Customs and Border Justin Shey, Laboratories and Scientific Protection Laboratory Methods (CBPL) Services, U.S. Customs and Border and American Society for Testing and Protection, 1300 Pennsylvania Avenue Materials (ASTM):

CBPL No. ASTM Title

27–02 ...... D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27–04 ...... D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dy- namic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–48 ...... D 4052 Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter. 27–57 ...... D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X- Ray Fluorescence Spectrometry.

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CBPL No. ASTM Title

27–58 ...... D 5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method).

Anyone wishing to employ this entity DEPARTMENT OF HOMELAND Avenue NW, Suite 1500N, Washington, to conduct laboratory analyses and SECURITY DC 20229, tel. 202–344–3974. gauger services should request and SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection Notice is receive written assurances from the hereby given pursuant to 19 CFR 151.12 entity that it is accredited or approved Accreditation and Approval of Intertek and 19 CFR 151.13, that Intertek USA, by the U.S. Customs and Border USA, Inc. (Romeoville, IL) as a Inc, 725 Oakridge Drive, Romeoville, IL Protection to conduct the specific test or Commercial Gauger and Laboratory 60446, has been approved to gauge gauger service requested. Alternatively, petroleum and certain petroleum inquiries regarding the specific test or AGENCY: U.S. Customs and Border products and accredited to test gauger service this entity is accredited Protection, Department of Homeland petroleum and certain petroleum or approved to perform may be directed Security. products for customs purposes, in to the U.S. Customs and Border ACTION: Notice of accreditation and accordance with the provisions of 19 Protection by calling (202) 344–1060. approval of Intertek USA, Inc. CFR 151.12 and 19 CFR 151.13. The inquiry may also be sent to (Romeoville, IL), as a commercial gauger Intertek USA, Inc. (Romeoville, IL) is [email protected]. and laboratory. approved for the following gauging Please reference the website listed SUMMARY: Notice is hereby given, procedures for petroleum and certain below for a complete listing of CBP pursuant to CBP regulations, that petroleum products from the American approved gaugers and accredited Intertek USA, Inc. (Romeoville, IL), has Petroleum Institute (API): laboratories. been approved to gauge petroleum and certain petroleum products and API chapters Title. http://www.cbp.gov/about/labs- accredited to test petroleum and certain 3 ...... Tank Gauging. scientific/commercial-gaugers-and- petroleum products for customs laboratories. 7 ...... Temperature Determination. purposes for the next three years as of 8 ...... Sampling. Dated: February 4, 2020. May 29, 2019. 12 ...... Calculations. Dave Fluty, DATES: Intertek USA, Inc. (Romeoville, 17 ...... Marine Measurement. Executive Director, Laboratories and IL) was approved and accredited as a Scientific Services Directorate. commercial gauger and laboratory as of Intertek USA, Inc. (Romeoville, IL) is [FR Doc. 2020–02938 Filed 2–12–20; 8:45 am] May 29, 2019. The next triennial accredited for the following laboratory inspection date will be scheduled for BILLING CODE 9111–14–P analysis procedures and methods for May 2022. petroleum and certain petroleum FOR FURTHER INFORMATION CONTACT: Dr. products set forth by the U.S. Customs Eugene Bondoc, Laboratories and and Border Protection Laboratory Scientific Services, U.S. Customs and Methods (CBPL) and American Society Border Protection, 1300 Pennsylvania for Testing and Materials (ASTM):

CBPL No. ASTM Title

27–01 ...... D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27–02 ...... D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27–03 ...... D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27–04 ...... D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–05 ...... D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dy- namic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–46 ...... D5002 Standard Test Method for Density, Relative Density, and API Gravity of Crude Oils by Digital Density Ana- lyzer. 27–48 ...... D 4052 Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter. 27–54 ...... D 1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method (Laboratory Proce- dure). 27–58 ...... D 5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method).

Anyone wishing to employ this entity Protection to conduct the specific test or Protection by calling (202) 344–1060. to conduct laboratory analyses and gauger service requested. Alternatively, The inquiry may also be sent to gauger services should request and inquiries regarding the specific test or [email protected]. Please receive written assurances from the gauger service this entity is accredited reference the website listed below for a entity that it is accredited or approved or approved to perform may be directed complete listing of CBP approved by the U.S. Customs and Border to the U.S. Customs and Border gaugers and accredited laboratories.

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http://www.cbp.gov/about/labs- SUMMARY: Notice is hereby given, petroleum products for customs scientific/commercial-gaugers-and- pursuant to CBP regulations, that purposes, in accordance with the laboratories. Inspectorate America Corporation provisions of 19 CFR 151.12 and 19 CFR Dated: February 4, 2020. (Mobile, AL), has been approved to 151.13. gauge petroleum and certain petroleum Dave Fluty, Inspectorate America Corporation products and accredited to test (Mobile, AL) is approved for the Executive Director, Laboratories and petroleum and certain petroleum Scientific Services. following gauging procedures for products for customs purposes for the petroleum and certain petroleum [FR Doc. 2020–02928 Filed 2–12–20; 8:45 am] next three years as of May 14, 2019. products from the American Petroleum BILLING CODE 9111–14–P DATES: Inspectorate America Institute (API): Corporation (Mobile, AL) was approved and accredited as a commercial gauger API chapters. Title. DEPARTMENT OF HOMELAND and laboratory as of May 14, 2019. The SECURITY next triennial inspection date will be 3 ...... Tank Gauging. scheduled for May 2022. 7 ...... Temperature Determination. U.S. Customs and Border Protection 8 ...... Sampling. FOR FURTHER INFORMATION CONTACT: Dr. 12 ...... Calculations. Accreditation and Approval of Justin Shey, Laboratories and Scientific 14 ...... Natural Gas Fluids Measure- Inspectorate America Corporation Services, U.S. Customs and Border ment. (Mobile, AL) as a Commercial Gauger Protection, 1300 Pennsylvania Avenue 17 ...... Marine Measurement. and Laboratory NW, Suite 1500N, Washington, DC 20229, tel. 202–344–1060. Inspectorate America Corporation AGENCY: U.S. Customs and Border SUPPLEMENTARY INFORMATION: Notice is (Mobile, AL) is accredited for the Protection, Department of Homeland hereby given pursuant to 19 CFR 151.12 following laboratory analysis Security. and 19 CFR 151.13, that Inspectorate procedures and methods for petroleum America Corporation, 5237 Halls Mill and certain petroleum products set forth ACTION: Notice of accreditation and Road, Building F, Mobile, AL 36619, has by the U.S. Customs and Border approval of Inspectorate America been approved to gauge petroleum and Protection Laboratory Methods (CBPL) Corporation (Mobile, AL), as a certain petroleum products and and American Society for Testing and commercial gauger and laboratory. accredited to test petroleum and certain Materials (ASTM):

CBPL No. ASTM Title

27–01 ...... D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27–03 ...... D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27–04 ...... D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–07 ...... D 4807 Standard Test Method for Sediment in Crude Oil by Membrane Filtration. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dy- namic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluores- cence Spectrometry. 27–14 ...... D 2622 Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry. 27–46 ...... D5002 Standard Test Method for Density, Relative Density, and API Gravity of Crude Oils by Digital Density Ana- lyzer. 27–48 ...... D 4052 Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter. 27–50 ...... D 93 Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27–53 ...... D 2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27–54 ...... D 1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method (Laboratory Proce- dure). 27–57 ...... D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X- Ray Fluorescence Spectrometry.

Anyone wishing to employ this entity reference the website listed below for a DEPARTMENT OF THE INTERIOR to conduct laboratory analyses and complete listing of CBP approved gauger services should request and gaugers and accredited laboratories. Bureau of Land Management receive written assurances from the http://www.cbp.gov/about/labs- entity that it is accredited or approved [LLCAD01000 L12100000.XK0000 scientific/commercial-gaugers-and- 20XL1109AF (MO#4500141992)] by the U.S. Customs and Border laboratories. Protection to conduct the specific test or Meeting of the California Desert gauger service requested. Alternatively, Dated: February 4, 2020. District Advisory Council inquiries regarding the specific test or Dave Fluty, gauger service this entity is accredited Executive Director, Laboratories and AGENCY: Bureau of Land Management, or approved to perform may be directed Scientific Services Directorate. Interior. to the U.S. Customs and Border [FR Doc. 2020–02929 Filed 2–12–20; 8:45 am] ACTION: Notice of public meeting. Protection by calling (202) 344–1060. BILLING CODE 9111–14–P The inquiry may also be sent to SUMMARY: In accordance with the [email protected]. Please Federal Land Policy and Management

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Act of 1976, and the Federal Advisory and fuels operations, a discussion on impaired individuals are advised that Committee Act of 1972, the U.S. Secretarial Orders, and a briefing on the information on this matter can be Department of the Interior, Bureau of Desert Spring study. Members of the obtained by contacting the Land Management (BLM) California public will have the opportunity to Commission’s TDD terminal on 202– Desert District Advisory Council make public comments during the 205–1810. Persons with mobility (Council) will meet as indicated below. meeting. impairments who will need special DATES: The Council’s next meeting will While the Saturday meeting is assistance in gaining access to the be held April 3–4, 2020. The Council scheduled from 9:00 a.m. to 4:30 p.m., Commission should contact the Office will participate in a field tour of BLM- the meeting could end prior to 4:30 p.m. of the Secretary at 202–205–2000. administered public lands on Friday, should the Council conclude its General information concerning the April 3, 2020, from 8:00 a.m. to 4:30 business. Therefore, members of the Commission may also be obtained by p.m. and then will hold a meeting on public interested in a specific agenda accessing its internet server (https:// Saturday, April 4, 2020, from 9:00 a.m. item or discussion should schedule www.usitc.gov). The public record for to 4:30 p.m. their arrival accordingly. this investigation may be viewed on the ADDRESSES: The Friday field tour will Written comments will also be Commission’s electronic docket (EDIS) leave from the El Centro Field Office, accepted at the time of the Saturday at https://edis.usitc.gov. 1661 South 4th Street, El Centro, CA public meeting and, if copies are Authority: This investigation is being 92243. Saturday’s public meeting will provided to the recorder, will be terminated under authority of title VII of the be held at the Fairfield Inn & Suites, incorporated into the minutes. Tariff Act of 1930 and pursuant to section located at 503 E. Danenberg Drive, El Before including your address, phone 207.40(a) of the Commission’s Rules of Centro, CA 92243. Final locations and number, email address, or other Practice and Procedure (19 CFR 207.40(a)). agendas for the field trip and public personal identifying information in your This notice is published pursuant to section comment, you should be aware that 201.10 of the Commission’s rules (19 CFR meeting will be posted on the BLM web 201.10). page at: https://www.blm.gov/get- your entire comment—including your involved/rac/california/california- personal identifying information—may By order of the Commission. desert-district, when finalized. be made publicly available at any time. Issued: February 7, 2020. Written comments for the Council While you can ask us in your comment Lisa Barton, may be sent in advance of the Saturday to withhold your personal identifying Secretary to the Commission. meeting c/o BLM, Public Affairs, 22835 information from public review, we [FR Doc. 2020–02855 Filed 2–12–20; 8:45 am] cannot guarantee that we will be able to Calle San Juan de Los Lagos, Moreno BILLING CODE 7020–02–P Valley, CA 92553. do so. FOR FURTHER INFORMATION CONTACT: (Authority: 43 CFR 1784.4–2) Michelle Van Der Linden, BLM INTERNATIONAL TRADE Andrew S. Archuleta, California Desert District Office, COMMISSION telephone: 951–697–5217, email: California Desert District Manager. [USITC SE–20–005] [email protected]. Persons who [FR Doc. 2020–02882 Filed 2–12–20; 8:45 am] BILLING CODE 4310–40–P use a telecommunications device for the Sunshine Act Meetings deaf (TDD) may call the Federal Relay Service (FRS) at 1–800–877–8339 to Agency Holding the Meeting: United contact Ms. Van Der Linden during INTERNATIONAL TRADE States International Trade Commission. normal business hours. The FRS is COMMISSION TIME AND DATE: February 25, 2020 at available 24 hours a day, 7 days a week, [Investigation No. 701–TA–615 (Final)] 11:00 a.m. to leave a message or question. You will PLACE: Room 101, 500 E Street SW, receive a reply during normal business Fabricated Structural Steel From Washington, DC 20436, Telephone: hours. Canada; Termination of Investigation (202) 205–2000. SUPPLEMENTARY INFORMATION: The AGENCY: STATUS: Open to the public. Council provides recommendations to United States International the Secretary of the Interior concerning Trade Commission. MATTERS TO BE CONSIDERED: the planning and management of the ACTION: Notice. 1. Agendas for future meetings: None. public land resources located within the 2. Minutes. SUMMARY: On January 30, 2020, the U.S. BLM’s California Desert District and 3. Ratification List. Department of Commerce published offers advice on the implementation of 4. Vote on Inv. Nos. 701–TA–616–617 notice in the Federal Register of a the comprehensive, long-range plan for and 731–TA–1432–1434 (Final) negative final countervailing duty management, use, development, and (Fabricated Structural Steel from determination in connection with the protection of the public lands within the Canada, China, and Mexico). The subject investigation concerning Canada California Desert Conservation Area. Commission is currently scheduled to All Council meetings and field tours (85 FR 5387). Accordingly, the U.S. complete and file its determinations and are open to the public, but the public International Trade Commission’s views of the Commission by March 16, must provide their own transportation, countervailing duty investigation 2020. meals, and beverages. concerning fabricated structural steel 5. Outstanding action jackets: None. The field tour will include visits to from Canada (Investigation No. 701– CONTACT PERSON FOR MORE INFORMATION: Hunter’s Camp, Milpitas Wilderness, TA–615 (Final)) is terminated. William Bishop, Supervisory Hearings and the Palo Verde Cultural site. The DATES: January 30, 2020. and Information Officer, 202–205–2595. Saturday public meeting will include an FOR FURTHER INFORMATION CONTACT: The Commission is holding the update on Dingell Act implementation Jordan Harriman (202–205–2610), Office meeting under the Government in the activities, the role and function of of Investigations, U.S. International Sunshine Act, 5 U.S.C. 552(b). In Council subgroups, desert tortoise Trade Commission, 500 E Street SW, accordance with Commission policy, management, Devil’s Canyon access, fire Washington, DC 20436. Hearing- subject matter listed above, not disposed

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of at the scheduled meeting, may be information on this matter can be active respondent and, therefore, there carried over to the agenda of the obtained by contacting the were no valid common law trademark following meeting. Commission’s TDD terminal on (202) rights in the CMT. The RID also found By order of the Commission. 205–1810. that the active respondents’ accused products do not infringe even if the Issued: February 10, 2020. SUPPLEMENTARY INFORMATION: The CMT were found to have acquired William Bishop, Commission instituted this investigation on November 17, 2014, based on a secondary meaning, except for one Supervisory Hearings and Information Skechers product found to infringe. The Officer. complaint filed on behalf of Converse Inc. of North Andover, Massachusetts. RID further found a violation as to the [FR Doc. 2020–02989 Filed 2–11–20; 11:15 am] 79 FR 68482 (Nov. 17, 2014). The accused products of the defaulting BILLING CODE 7020–02–P complaint alleges, inter alia, violations respondents because they infringe the of section 337 of the Tariff Act of 1930, CMT after the registration date of the as amended, 19 U.S.C. 1337, based upon ‘753 Registration. INTERNATIONAL TRADE On October 22, 2019, Converse, the COMMISSION the importation into the United States, the sale for importation, and the sale active respondents, and OUII each filed [Investigation No. 337–TA–936 (Remand)] within the United States after a petition for review of the RID. On importation of certain footwear products October 30, 2019, each of these parties Certain Footwear Products; by reason of infringement of U.S. filed responses to the other petitions for Commission Determination To Review review. Trademark Registration No. 4,398,753 in Part a Remand Initial Determination Having reviewed the record of the (‘‘the ’753 Registration’’), registered on and To Extend the Target Date; investigation, including the parties’ September 10, 2013, and the common Request for Written Submissions on briefing, the Commission has law trademark rights for the same mark the Issues Under Review and on determined to review the RID in part. (the ‘‘Converse Midsole Trademark’’ or Remedy, Bonding, and the Public Specifically, the Commission has ‘‘CMT’’). See id. The Commission’s Interest determined to review the RID’s notice of investigation names numerous infringement, validity, and injury AGENCY: U.S. International Trade respondents including Skechers U.S.A., analyses with respect to the asserted Commission. Inc. (‘‘Skechers’’) of Manhattan Beach, common law and federal registration ACTION: Notice. California, and Highline United LLC d/ rights in the CMT. See RID at 8–86, 87. b/a Ash Footwear USA (‘‘Highline’’), The Commission now requests briefing SUMMARY: Notice is hereby given that now of Hyde Park, Massachusetts. Id. at from the parties on the following the U.S. International Trade 68482–483. New Balance Athletic Shoe, questions: Commission has determined to review a Inc. (‘‘New Balance’’) of Boston, (1) For each of the six (6) secondary- remand initial determination (‘‘RID’’) of Massachusetts, was subsequently added meaning factors in Converse, 909 F.3d at the presiding administrative law judge to the investigation as a respondent- 1120, please identify and discuss the (‘‘ALJ’’) in part. The Commission intervenor. 80 FR 9748 (Feb. 24, 2015). evidence in the record you assert is requests briefing from the parties on These three respondents remain active relevant to whether the CMT has certain issues under review, as in the investigation. The following five acquired secondary meaning prior to the indicated in this notice. The respondents were found in default: first infringing use by each active Commission also requests briefing from Dioniso SRL of Perugia, Italy; Shenzhen respondent. Pay special attention to the parties, government agencies, and Foreversun Industrial Co., Ltd. (a/k/a evidence that falls within five years interested persons on the issues of Shenzhen Foreversun Shoes Co., Ltd.) of before the relevant first use dates and to remedy, the public interest, and Shenzhen, China; Fujian Xinya I&E the questions below. Provide a summary bonding. The Commission has also Trading Co. Ltd. of Jinjiang, China; and of your evidence in a table including the determined to extend the target date for Zhejiang Ouhai International Trade Co. specific factor (or subpart thereof) to the completion of the above-captioned Ltd. and Wenzhou Cereals Oils & which each piece of evidence is investigation to May 28, 2020. Foodstuffs Foreign Trade Co. Ltd., both relevant, the date of the evidence, and FOR FURTHER INFORMATION CONTACT: of Wenzhou, China. Every other the impact of the evidence on consumer Clint Gerdine, Esq., Office of the respondent was terminated from the perceptions. Any evidence not included General Counsel, U.S. International investigation or settled with in your submission will be deemed Trade Commission, 500 E Street SW, Complainant after the Commission’s waived and will not be considered. Washington, DC 20436, telephone (202) final determination. The Office of Unfair a. Factor 2—For each relevant time 708–2310. Copies of non-confidential Import Investigations (‘‘OUII’’) is also a frame, identify which third-party’s documents filed in connection with this party to the investigation. 79 FR 68483. shoes, having designs substantially investigation are or will be available for The investigation was remanded to the similar to the CMT design, were in use inspection during official business Commission by the Federal Circuit in in the United States. Explain (1) why hours (8:45 a.m. to 5:15 p.m.) in the Converse, Inc. v. International Trade each shoe’s design is substantially Office of the Secretary, U.S. Commission, 909 F.3d 1110 (Fed. Cir. similar to the CMT; (2) the extent of that International Trade Commission, 500 E 2018). On April 9, 2019, the third-party use; and (3) the impact of Street SW, Washington, DC 20436, Commission, in turn, remanded the that use on the consuming public telephone (202) 205–2000. General matter to the ALJ who adjudicated the (through the extent or volume of sales, information concerning the Commission original investigation. etc.). Explain whether third-party uses may also be obtained by accessing its On October 9, 2019, The ALJ issued can be considered if there is no internet server at https://www.usitc.gov. his RID finding no violation of section evidence of the impact of that use on the The public record for this 337 as to all accused products of each consuming public. Include a table investigation may be viewed on the active respondent. Specifically, the RID summarizing the third-party use upon Commission’s electronic docket (EDIS) found that Converse had not established which you rely, why the use is at https://edis.usitc.gov. Hearing- secondary meaning of the CMT prior to substantially similar, and the extent and impaired persons are advised that the time of first infringement for any impact of the third-party use. For the

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same time periods, identify the extent, Goddess, Inc. v. Swisa, Inc., 543 F.3d United States, and/or (2) one or more degree, and impact of Converse’s use of 665, 670 (Fed. Cir. 2008); Converse, 909 cease and desist orders that could result the CMT design. Please explain how the F.3d at 1124). in the respondents being required to Commission should analyze the amount b. Analyze the evidence in the record cease and desist from engaging in unfair of Converse’s sales in relation to the that is relevant to whether there is a acts in the importation and sale of such amount of third-party sales and note likelihood of confusion under the articles. Accordingly, the Commission is where this information is in the record. Dupont factors or the framework you interested in receiving written b. Factor 5—Identify all evidence of identify in part (a) above for each submissions that address the form of intentional copying of the CMT. accused shoe. Factors that are the same remedy, if any, that should be ordered. Indicate if there is evidence supporting for each shoe can be discussed once and If a party seeks exclusion of an article any explanation for this copying other do not need to be repeated for each from entry into the United States for than to pass off the copied product as shoe. Include a table summarizing purposes other than entry for the CMT design owner’s. Is evidence of which shoes remain accused of consumption, the party should so intentional copying by Skechers infringement. indicate and provide information relevant to this factor at least with c. Explain the effect, if any, that a heel establishing that activities involving respect to Highline and New Balance? label, or other relevant branding, has other types of entry either are adversely c. Factor 6—Please explain whether with respect to infringement. Explain affecting it or likely to do so. For factor (6) is the same as the factor whether and how the location of the background, see Certain Devices for previously relied upon by the label or other branding relative to the Connecting Computers via Telephone Commission (i.e., effectiveness of the mark is relevant. Explain whether and Lines, Inv. No. 337–TA–360, USITC effort to create secondary meaning). how the survey evidence related to the Pub. No. 2843, Comm’n Op. at 7–10 Assuming it is not the same, please Skechers’ shoe, Daddy’$ Money, should (December 1994). In addition, if a party identify what evidence pertains to factor inform the Commission’s determination seeks issuance of any cease and desist (6), unsolicited media coverage of the about the relevance of heel label orders, the written submissions should product embodying the mark. branding for other accused shoes. address that request in the context of (2) Explain how the evidence d. For Respondents: if you rely on a recent Commission opinions, including pertaining to the six factors should be heel label or other relevant branding for those in Certain Arrowheads with weighed in determining whether the non-infringement, cite the best available Deploying Blades and Components CMT has acquired secondary meaning. image(s) of the evidence. Thereof and Packaging Therefor, Inv. Is it appropriate to accord some factors (6) For the ’753 Registration: No. 337–TA–977, Comm’n Op. (Apr. 28, more weight than others in this a. Briefly identify where Converse has 2017) and Certain Electric Skin Care investigation, and if so why? Is a simple asserted its rights arising from the ’753 Devices, Brushes and Chargers Therefor, tally of factors the proper method of Registration against the active and Kits Containing the Same, Inv. No. weighing them? respondents. Did Converse’s complaint 337–TA–959, Comm’n Op. (Feb. 13, (3) Explain whether New Balance’s PF or pre- and post-hearing briefs, circa 2017). Specifically, if Complainant Flyers shoes that are accused of 2015, allege that the active respondents seeks a cease and desist order against a infringement are identical to the PF infringed Converse’s rights arising from respondent, the written submissions Flyers shoes in use during 1995–2007 at the federal registration? should respond to the following least with regard to the midsole, toe cap, b. If Converse asserted its rights requests: and bumper. Are the designs of the arising from the federal registration 1. Please identify with citations to the accused New Balance shoes and the against the active respondents, has record any information regarding 1995–2007 PF Flyers substantially Converse withdrawn these allegations? commercially significant inventory in similar to the CMT? If they are not If so, how has Converse withdrawn the United States as to each respondent substantially similar, do the differences them? against whom a cease and desist order justify the different outcomes between c. Is there any practical distinction is sought. If Complainant also relies on the finding of third-party use by PF between finding that Converse’s CMT other significant domestic operations Flyers and the finding of no lacks secondary meaning and finding that could undercut the remedy infringement by New Balance? the ’753 Registration invalid for lack of provided by an exclusion order, please (4) Explain who is the purchaser of secondary meaning? identify with citations to the record shoes bearing the CMT (or any relevant (7) For Converse and OUII: such information as to each respondent shoe, if the answer differs). Is it the a. For each defaulting respondent, against whom a cease and desist order general public or a sophisticated buyer? please identify the date of the first is sought. What are the circumstances of their infringing use. See, e.g., Converse, 909 2. ln relation to the infringing sales, prices, stores, display conditions, F.3d at 1116–17. Cite to evidence in the products, please identify any etc.? Cite to evidence in the record. record. information in the record, including (5) For this investigation in which the b. Explain whether the Commission allegations in the pleadings, that complainant has alleged infringement of should address validity of the ’753 addresses the existence of any domestic its trade dress: Registration when no defaulting inventory, any domestic operations, or a. Explain whether the Commission respondent has raised validity as a any sales-related activity directed at the should employ the Dupont factors, a defense. United States for each respondent modified version of the DuPont factors, The Commission has determined not against whom a cease and desist order or another framework to assess to review the remainder of the RID, is sought. infringement. Discuss relevant case law including the RID’s analysis of the 3. Please discuss any other basis upon (e.g., Versa Prods. Co. v. Bifold Co. equitable defenses. See RID at 86–87. which the Commission could enter a (Mfg.), 50 F.3d 189, 202 (3d Cir. 1995) In connection with the final cease and desist order. Eng’g Dynamics, Inc. v. Structural disposition of this investigation, the The statute requires the Commission Software, Inc., 26 F.3d 1335, 1350 (5th statute authorizes issuance of (1) an to consider the effects of any remedy Cir. 1994) (modified on other grounds, order that could result in the exclusion upon the public interest. The public 46 F.3d 408 (5th Cir. 1995)); Egyptian of the subject articles from entry into the interest factors the Commission will

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consider include the effect that an unless otherwise ordered by the By order of the Commission. exclusion order and/or cease and desist Commission. Issued: February 7, 2020. orders would have on (1) the public In view of the briefing requested, the Lisa Barton, health and welfare, (2) competitive Commission has also determined to Secretary to the Commission. conditions in the U.S. economy, (3) U.S. extend the target date of this production of articles that are like or investigation to May 28, 2020. [FR Doc. 2020–02853 Filed 2–12–20; 8:45 am] directly competitive with those that are Persons filing written submissions BILLING CODE 7020–02–P subject to investigation, and (4) U.S. must file the original document consumers. The Commission is electronically on or before the deadlines therefore interested in receiving written stated above and submit eight true paper INTERNATIONAL TRADE submissions that address the copies to the Office of the Secretary by COMMISSION aforementioned public interest factors noon the next day pursuant to section in the context of this investigation. 210.4(f) Of the Commission’s Rules of [USITC SE–20–004] If the Commission orders some form Practice and Procedure (19 CFR of remedy, the U.S. Trade 2.10.4(f)). Submissions should refer to Sunshine Act Meetings Representative, as delegated by the the investigation number (‘‘Inv. No. President, has 60 days to approve, 337–TA–936’’) in a prominent place on Agency Holding the Meeting: United disapprove, or take no action on the the cover page and/or the first page. (See States International Trade Commission. Handbook for Electronic Filing Commission’s determination. See TIME AND DATE: February 21, 2020 at Presidential Memorandum of July 21, Procedures, https://www.usitc.gov/ secretary/documents/handbook_on_ 11:00 a.m. 2005. 70 FR 43251 (July 26, 2005). _ During this period, the subject articles electronic filing.pdf). Persons with PLACE: Room 101, 500 E Street SW, would be entitled to enter the United questions regarding filing should Washington, DC 20436, Telephone: States under bond, in an amount contact the Secretary (202–205–2000). (202) 205–2000. Any person desiring to submit a determined by the Commission and document to the Commission in STATUS: Open to the public. prescribed by the Secretary of the confidence must request confidential MATTERS TO BE CONSIDERED: Treasury. The Commission is therefore treatment. All such requests should be interested in receiving submissions directed to the Secretary to the 1. Agendas for future meetings: None. concerning the amount of the bond that Commission and must include a full 2. Minutes. should be imposed if a remedy is statement of the reasons why the 3. Ratification List. ordered. Commission should grant such Written Submissions: The parties to treatment. See 19 CFR 201.6. Documents 4. Vote on Inv. Nos. 701–TA–636 and the investigation are requested to file for which confidential treatment by the 731–TA–1469–1470 (Preliminary) written submissions on the issues Commission is properly sought will be (Wood Mouldings and Millwork identified in this notice. Parties to the treated accordingly. A redacted-non- Products from Brazil and China). The investigation, interested government confidential version of the document Commission is currently scheduled to agencies, and any other interested must also be filed simultaneously with complete and file its determinations on parties are encouraged to file written any confidential filing. All information, February 24, 2020; views of the submissions on the issues of remedy, including confidential business Commission are currently scheduled to the public interest, and bonding. Such information and documents for which be completed and filed on March 2, initial written submissions should confidential treatment is properly 2020. include views on the recommended sought, submitted to the Commission for determination by the ALJ on remedy purposes of this Investigation may be 5. Outstanding action jackets: None. and bonding. Complainant and OUII are disclosed to and used: (i) By the CONTACT PERSON FOR MORE INFORMATION: also requested to identify the form of the Commission, its employees and Offices, William Bishop, Supervisory Hearings remedy sought and to submit proposed and contract personnel (a) for and Information Officer, 202–205–2595. remedial orders for the Commission’s developing or maintaining the records The Commission is holding the consideration in their initial written of this or a related proceeding, or (b) in submissions. Complainant is also internal investigations, audits, reviews, meeting under the Government in the requested to state the HTSUS numbers and evaluations relating to the Sunshine Act, 5 U.S.C. 552(b). In under which the accused products are programs, personnel, and operations of accordance with Commission policy, imported. Complainant is further the Commission including under 5 subject matter listed above, not disposed requested to supply the names of known U.S.C. Appendix 3; or (ii) by U.S. of at the scheduled meeting, may be importers of infringing products at issue government employees and contract carried over to the agenda of the in this investigation. personnel, solely for cybersecurity following meeting. The initial written submissions and purposes (all contract personnel will By order of the Commission. proposed remedial orders must be filed sign appropriate nondisclosure Issued: February 11, 2020. no later than close of business on agreements). All nonconfidential Friday, February 28, 2020. Reply written submissions will be available for William Bishop, submissions must be filed no later than public inspection at the Office of the Supervisory Hearings and Information the close of business on Monday, March Secretary and on EDIS. Officer. 9, 2020. Initial submissions are limited The authority for the Commission’s [FR Doc. 2020–02988 Filed 2–11–20; 11:15 am] to 100 pages. Reply submissions are determination is contained in section BILLING CODE 7020–02–P limited to 75 pages. These page limits 337 of the Tariff Act of 1930, as do not apply to submissions on the amended, 19 U.S.C. 1337, and in part issues of remedy, the public interest, 210 of the Commission’s Rules of and bonding. No further submissions on Practice and Procedure, 19 CFR part any of these issues will be permitted 210.

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INTERNATIONAL TRADE FR 58743, November 1, 2019) was the public were received during this COMMISSION adequate. The Commission also found period and are thoroughly addressed in that the respondent interested party the supporting statement for this [Investigation Nos. 701–TA–506 and 508 and 731–TA–1238–1243 (Review)] group response to its notice of collection. Three comments requested institution concerning the antidumping that information on interpreters be Non-Oriented Electrical Steel from duty order on imports from Germany added. The requesters sought data China, Germany, Japan, Korea, was adequate and, therefore, determined elements reflecting for whom the Sweden, and Taiwan; Notice of to proceed with a full review of that interpreter was ordered (defendant, Commission Determinations To order. The Commission determined that witness, victim), whether the interpreter Conduct Full Five-Year Reviews the respondent interested party group was present for all hearings, and the responses to its notice of institution qualifications of the interpreter. BJS AGENCY: United States International concerning the countervailing duty added data elements asking courts to Trade Commission. orders on imports from China and provide whether an interpreter was ACTION: Notice. Taiwan, and the antidumping duty ordered for the case and for which orders on imports from China, Japan, party(ies) to the case the interpreter was SUMMARY: The Commission hereby gives Korea, Sweden, and Taiwan were ordered. BJS does not expect these notice that it will proceed with full inadequate. However, the Commission changes to impact the estimated reviews pursuant to the Tariff Act of determined to conduct full reviews of respondent burden. 1930 to determine whether revocation of those orders in order to promote DATES: countervailing duty orders on non- Comments are encouraged and administrative efficiency considering its oriented electrical steel (‘‘NOES’’) from will be accepted for an additional 30 determination to conduct a full review China and Taiwan and the antidumping day until March 16, 2020. of the antidumping duty order on duty orders on NOES from China, FOR FURTHER INFORMATION CONTACT: If imports from Germany. A record of the Germany, Japan, Korea, Sweden, and you have additional comments Commissioners’ votes, the Taiwan would be likely to lead to especially on the estimated public Commission’s statement on adequacy, continuation or recurrence of material burden or associated response time, and any individual Commissioner’s injury within a reasonably foreseeable suggestions, or need a copy of the statements will be available from the time. A schedule for the reviews will be proposed information collection Office of the Secretary and at the established and announced at a later instrument with instructions or Commission’s website. date. additional information, please contact Authority: These reviews are being Suzanne M. Strong, Statistician, Bureau DATES: February 4, 2020. conducted under authority of title VII of the of Justice Statistics, 810 Seventh Street FOR FURTHER INFORMATION CONTACT: Abu Tariff Act of 1930; this notice is published NW, Washington, DC 20531 (email: B. Kanu (202–205–2597), Office of pursuant to section 207.62 of the [email protected]; Investigations, U.S. International Trade Commission’s rules. telephone: 202–616–3666). Written Commission, 500 E Street SW, By order of the Commission. comments and/or suggestions can also Washington, DC 20436. Hearing- Issued: February 7, 2020. be sent to the Office of Management and impaired persons can obtain Lisa Barton, Budget, Office of Information and information on this matter by contacting Secretary to the Commission. Regulatory Affairs, Attention the Commission’s TDD terminal on 202– Department of Justice Desk Officer, 205–1810. Persons with mobility [FR Doc. 2020–02854 Filed 2–12–20; 8:45 am] _ BILLING CODE 7020–02–P Washington, DC 20503 or sent to OIRA impairments who will need special [email protected]. assistance in gaining access to the SUPPLEMENTARY INFORMATION: Written Commission should contact the Office DEPARTMENT OF JUSTICE comments and suggestions from the of the Secretary at 202–205–2000. public and affected agencies concerning General information concerning the [OMB Number 1121–NEW] the proposed collection of information Commission may also be obtained by are encouraged. Your comments should accessing its internet server (https:// Agency Information Collection address one or more of the following www.usitc.gov). The public record for Activities; Proposed eCollection; four points: these reviews may be viewed on the eComments Requested; New — Evaluate whether the proposed Commission’s electronic docket (EDIS) Collection: Criminal Cases in State collection of information is necessary at https://edis.usitc.gov. Courts (CCSC), Previously Posted as For further information concerning Analysis of Publicly Available Court for the proper performance of the the conduct of these reviews and rules Data (APACD) functions of the agency, including of general application, consult the whether the information will have AGENCY: Commission’s Rules of Practice and Bureau of Justice Statistics, practical utility; — Evaluate the accuracy of the agencies Procedure, part 201, subparts A through Department of Justice. estimate of the burden of the E (19 CFR part 201), and part 207, ACTION: 30-Day notice. proposed collection of information, subparts A, D, E, and F (19 CFR part SUMMARY: Department of Justice (DOJ), including the validity of the 207). Office of Justice Programs, Bureau of methodology and assumptions used; SUPPLEMENTARY INFORMATION: On Justice Statistics, will be submitting the — Enhance the quality, utility, and February 4, 2020, the Commission following information collection request clarity of the information to be determined that it should proceed to to the Office of Management and Budget collected; and full reviews in the subject five-year (OMB) for review and approval in — Minimize the burden of the collection reviews pursuant to section 751(c) of the accordance with the Paperwork of information on those who are to Tariff Act of 1930 (19 U.S.C. 1675(c)). Reduction Act of 1995. This proposed respond, including through the use of The Commission found that the information collection was previously appropriate automated, electronic, domestic interested party group published, allowing for a 60 day mechanical, or other technological response to its notice of institution (84 comment period. Seven comments from collection techniques or other forms

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of information technology, e.g., The expected burden placed on these listed in the FOR FURTHER INFORMATION permitting electronic submission of jurisdictions is about 30 hours per CONTACT section of this document. responses. jurisdiction, with an additional 10 hours • NRC’s Agencywide Documents to explain any data inconsistencies or Access and Management System Overview of This Information questions of the data collection team. (ADAMS): You may obtain publicly- Collection (6) An estimate of the total public available documents online in the (1) Type of Information Collection: burden (in hours) associated with the ADAMS Public Documents collection at New collection. collection: There are an estimated 6,000 https://www.nrc.gov/reading-rm/ (2) Title of the Form/Collection: total burden hours associated with this adams.html. To begin the search, select Criminal Cases in State Courts (CCSC), collection. ‘‘Begin Web-based ADAMS Search.’’ For formerly titled Analysis of Publicly If additional information is required problems with ADAMS, please contact Available Court Data. contact: Melody Braswell, Department the NRC’s Public Document Room (PDR) (3) Agency form number, if any, and Clearance Officer, United States reference staff at 1–800–397–4209, 301– the applicable component of the Department of Justice, Justice 415–4737, or by email to pdr.resource@ Department sponsoring the collection: Management Division, Policy and nrc.gov. Revision 2 to RG 1.151 and the The Data Extraction guide is CCSC–001. Planning Staff, Two Constitution regulatory analysis may be found in The applicable component within the Square, 145 N Street NE, Suite 3E.405B, ADAMS under Accession Nos. Department of Justice is the Bureau of Washington, DC 20530. ML19156A129 and ML18158A301, Justice Statistics, in the Office of Justice Dated: February 7, 2020. respectively. Programs. • NRC’s PDR: You may examine and (4) Affected public who will be asked Melody Braswell, purchase copies of public documents at or required to respond, as well as a brief Department Clearance Officer, PRA, U.S. the NRC’s PDR, Room O1–F21, One abstract: BJS will request complete Department of Justice. White Flint North, 11555 Rockville records from the statewide and mostly- [FR Doc. 2020–02842 Filed 2–12–20; 8:45 am] Pike, Rockville, Maryland 20852. statewide systems, with separate BILLING CODE 4410–18–P Regulatory guides are not requests to the counties not included in copyrighted, and NRC approval is not the mostly statewide systems. BJS will required to reproduce them. also sample counties from the states NUCLEAR REGULATORY unable to provide statewide extracts. COMMISSION FOR FURTHER INFORMATION CONTACT: The requests will sample with certainty David Dawood, telephone: 301–415– [NRC–2019–0041] any county with a total resident 2389, email: [email protected]; Yaguang Yang, telephone: 301–415– population exceeding one million Instrument Sensing Lines persons. A total of 150 jurisdictions 0655, email: [email protected]; (states or counties) will be included in AGENCY: Nuclear Regulatory and Michael Eudy, telephone: 301–415– this effort. Commission. 3104, email: [email protected]. All BJS is requesting that the data extracts ACTION: Regulatory guide, issuance. are staff members of the Office of provided by courts include all felony Nuclear Regulatory Research, U.S. and misdemeanor criminal cases SUMMARY: The U.S. Nuclear Regulatory Nuclear Regulatory Commission, disposed of between January 1 and Commission (NRC) is issuing Revision 2 Washington, DC 20555–0001. December 31, 2019. BJS is also to Regulatory Guide (RG) 1.151, SUPPLEMENTARY INFORMATION: requesting that the extracts include ‘‘Instrument Sensing Lines.’’ RG 1.151 I. Discussion defendant demographics; information describes an approach that is acceptable about charges, disposition, and to the staff of the NRC to meet The NRC is issuing a revision to an sentences. State and local courts can regulatory requirements for instrument existing guide in the NRC’s ‘‘Regulatory provide the data extract or extracts in sensing lines in nuclear power plants. Guide’’ series. This series was any format. The RG would endorse, with certain developed to describe and make BJS plans to publish this information exceptions, standards that were updated available to the public information in reports and reference it when and corrected subsequent to the last regarding methods that are acceptable to responding to queries from the U.S. time the NRC endorsed them in RG the NRC staff for implementing specific Congress, Executive Office of the 1.151. More information on updates can parts of the agency’s regulations, President, the U.S. Supreme Court, state be found in the SUPPLEMENTARY techniques that the NRC staff uses in officials, international organizations, INFORMATION section below. evaluating specific issues or postulated researchers, students, the media, and DATES: Revision 2 to RG 1.151 is events, and data that the NRC staff others interested in criminal justice available on February 13, 2020. needs in its review of applications for statistics. ADDRESSES: Please refer to Docket ID permits and licenses. (5) An estimate of the total number of NRC–2019–0041 when contacting the Revision 2 of RG 1.151 was issued respondents and the amount of time NRC about the availability of with a temporary identification of Draft estimated for an average respondent to information regarding this document. Regulatory Guide, DG–1352. Revision 2 respond/reply: BJS will send a data You may obtain publicly-available of RG 1.151 describes an approach that extraction guide to 150 jurisdictions. information related to this document is acceptable to the staff of the NRC to The 150 jurisdictions include 36 states using one of the following methods: meet regulatory requirements for (including 10 counties that are not • Federal Rulemaking Website: Go to instrument sensing lines in nuclear included in the statewide case https://www.regulations.gov and search power plants. It endorses, with certain management systems) and the District of for Docket ID NRC–2019–0041. Address exceptions, American National Columbia, 23 counties with total questions about NRC docket IDs in Standards Institute/International populations exceeding 1,000,000 Regulations.gov to Jennifer Borges; Society of Automation (ANSI/ISA)- residents, and 79 sampled counties telephone: 301–287–9127; email: 67.02.01–2014, ‘‘Nuclear Safety-Related representing the 14 states and Puerto [email protected]. For technical Instrument Sensing Line Piping and Rico that cannot provide statewide data. questions, contact the individual(s) Tubing Standard for Use in Nuclear

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Power Plants’’ and it determines that the For the Nuclear Regulatory Commission. It is ordered: Institute of Electrical and Electronic Robert Roche-Rivera, 1. United Parcel Service, Inc.’s Motion Engineers (IEEE) Standard (Std.) 622– Acting Chief, Regulatory Guidance and for an Extension to File Reply 1987, ‘‘IEEE Recommended Practice for Generic Issues Branch, Division of Comments, filed February 6, 2020, is the Design and Installation of Electric Engineering, Office of Nuclear Regulatory granted. Heat Tracing Systems for Nuclear Power Research. 2. Reply comments are now due no on Generating Systems,’’ reaffirmed in [FR Doc. 2020–02874 Filed 2–12–20; 8:45 am] or before February 18, 2020. 1994, is acceptable for use. The revision BILLING CODE 7590–01–P 3. The Secretary shall arrange for of ANSI/ISA–67.02.01 previously publication of this order in the Federal endorsed by the NRC in RG 1.151 was Register. revised and corrected by ANSI/ISA in POSTAL REGULATORY COMMISSION. By the Commission. 2014. In addition, this RG revision [Docket No. ACR2019; Order No. 5420] Erica A. Barker, discusses recent operating experience, Secretary. as described in NRC Information Notice FY 2019 Annual Compliance Report [FR Doc. 2020–02840 Filed 2–12–20; 8:45 am] (IN) 2013–12, ‘‘Improperly Sloped AGENCY: Postal Regulatory Commission. BILLING CODE 7710–FW–P Instrument Sensing Lines,’’ dated July 3, ACTION: 2013. Notice. SECURITIES AND EXCHANGE II. Additional Information SUMMARY: The Commission is noticing a recent procedural schedule change COMMISSION The NRC published a notice of the extending the comment due date for [Release No. 34–88154; File No. SR– availability of DG–1352 in the Federal reply comments in this docket. This CboeEDGX–2020–006] Register on February 8, 2019 (84 FR notice informs the public of the new 2934) for a 60-day public comment filing date for reply comments. Self-Regulatory Organizations; Cboe period. The public comment period DATES: Comments are due: February 18, EDGX Exchange, Inc.; Notice of Filing closed on April 9, 2019 and the NRC 2020. and Immediate Effectiveness of a Proposed Rule Change To Adopt the received three comment documents. ADDRESSES: Submit comments Public comments on DG–1352 and the electronically via the Commission’s Dark Routing Technique Routing staff responses to the public comments Filing Online system at http:// Option; To Eliminate References to the are available under ADAMS under www.prc.gov. Those who cannot submit ROUD, ROUE, and ROUQ Routing Accession No. ML19156A128. comments electronically should contact Options; and To Reflect Additional Routing Strategies for Which the the person identified in the FOR FURTHER III. Congressional Review Act Exchange May Route Orders With a INFORMATION CONTACT section by Short Sale Instruction This RG is a rule as defined in the telephone for advice on filing Congressional Review Act (5 U.S.C. alternatives. February 7, 2020. 801–808). However, the Office of FOR FURTHER INFORMATION CONTACT: Pursuant to Section 19(b)(1) of the Management and Budget has not found David A. Trissell, General Counsel, at Securities Exchange Act of 1934 it to be a major rule as defined in the 202–789–6820. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Congressional Review Act. SUPPLEMENTARY INFORMATION: On notice is hereby given that on February February 6, 2020, United Parcel Service, 3, 2020, Cboe EDGX Exchange, Inc. IV. Backfitting and Issue Finality Inc. (UPS) filed a motion requesting an (‘‘Exchange’’) filed with the Securities and Exchange Commission Revision 2 of RG 1.151 describes an extension of time to file its reply 1 (‘‘Commission’’) the proposed rule approach that is acceptable to the NRC comments in the instant docket. The reply comment deadline is February 10, change as described in Items I and II staff for applicants and licensees under below, which Items have been prepared 10 CFR parts 50 and 52 to meet 2020. Motion at 1. UPS requests an extension until February 18, 2020. Id. by the Exchange. The Exchange filed the regulatory requirements for instrument proposal as a ‘‘non-controversial’’ sensing lines in nuclear power plants. UPS states that pursuant to the Commission’s Order No. 5416 2 granting proposed rule change pursuant to The issuance of this regulatory guide 3 UPS access to certain non-public Section 19(b)(3)(A)(iii) of the Act and does not constitute backfitting as 4 information, its counsel and consultants Rule 19b–4(f)(6) thereunder. The defined in 10 CFR 50.109, ‘‘Backfitting,’’ have collected the non-public Commission is publishing this notice to and as described in NRC Management information requested, but will require solicit comments on the proposed rule Directive 8.4, ‘‘Management of additional time to analyze that change from interested persons. Backfitting, Forward Fitting, Issue information. Id. UPS states that this I. Self-Regulatory Organization’s Finality, and Information Requests,’’ or request will neither significantly delay Statement of the Terms of Substance of affect issue finality of any approval the proceeding nor adversely affect any the Proposed Rule Change issued under 10 CFR part 52, ‘‘Licenses, participant. Certificates, and Approvals for Nuclear In consideration of UPS’s request, and Cboe EDGX Exchange, Inc. (the Power Plants,’’ because, as explained in to avoid any potential adverse impact ‘‘Exchange’’ or ‘‘EDGX’’) proposes: To this regulatory guide, applicants and on other participants, the Commission amend Rule 11.11(g)(2) to adopt the licensees are not required to comply shall extend the deadline for all reply proposed Dark Routing Technique with the positions set forth in this comments until February 18, 2020. (‘‘DRT’’) routing option on the regulatory guide. Exchange; to amend Rule 11.11, as well 1 Motion of United Parcel Service, Inc. for Dated at Rockville, Maryland, this 7th day Extension to File Reply Comments, February 6, 1 15 U.S.C. 78s(b)(1). of February, 2020. 2020 (Motion). 2 17 CFR 240.19b–4. 2 Order Granting Motion for Access, January 29, 3 15 U.S.C. 78s(b)(3)(A)(iii). 2020 (Order No. 5416). 4 17 CFR 240.19b–4(f)(6).

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as its Fee Schedule, to eliminate Adopting DRT applied with DRT will allow an off- references to the ROUD, ROUE, and The Exchange proposes to adopt the exchange venue with a lower score to ROUQ routing options; and to amend DRT under subparagraph (g)(2) as a new occasionally be selected before an off- Rule 11.11 to reflect additional routing routing option available on the exchange venue with a higher score, and strategies for which the Exchange may Exchange. As noted in proposed Rule thus provides the Exchange with the route orders with a short sale 11.11(g)(2), the DRT routing option most accurate view of the quality at instruction when a short sale circuit would instruct the System 8 to route to each market. As a result, the Exchange breaker pursuant to Rule 201 of alternative trading systems (‘‘ATSs’’) believes that DRT will result in Regulation SHO is in effect. The text of included in the System routing table.9 improved execution quality. the proposed rule change is provided in The proposed description of DRT is Additionally, converting to DRT will Exhibit 5. identical to existing Cboe BZX result in uniformity that will simplify The text of the proposed rule change Exchange, Inc. (‘‘BZX’’) and Cboe BYX the Exchange’s routing logic and is also available on the Exchange’s Exchange, Inc. (‘‘BYX’’) Rules management across the Cboe equities website (http://markets.cboe.com/us/ 11.13(b)(3)(D). Thus, the proposed platforms. options/regulation/rule_filings/edgx/), amendment is intended to add certain Eliminating ROUE, ROUQ, and ROUD system functionality currently offered at the Exchange’s Office of the In connection with the adoption of by BZX and BYX in order to provide a Secretary, and at the Commission’s the DRT mechanism, the Exchange consistent technology offering for Users Public Reference Room. proposes to amend Rule 11.11(g) and across the Cboe affiliated exchanges. II. Self-Regulatory Organization’s Currently, for routing mechanisms the Fee Schedule to eliminate any Statement of the Purpose of, and that route orders to ATSs, the Exchange references to routing options that are Statutory Basis for, the Proposed Rule routes such orders using a preselected redundant due to such adoption. Currently, Rule 11.11(g) provides for Change sequence of venues pursuant to the a variety of routing options under which applicable System routing table and the System will consider the quotations In its filing with the Commission, the every order is routed to such venues in only of accessible Trading Centers.12 Exchange included statements that sequence.10 Stated another way, all Rules 11.11(g)(2) and 11.11(g)(3)(D) concerning the purpose of and basis for orders entered with a routing strategy currently provides for the ROUD and the proposed rule change and discussed that is eligible for routing to ATSs will ROUQ routing options, respectively, any comments it received on the first seek liquidity on the Exchange and which are detailed in the System proposed rule change. The text of these any unexecuted portion of the order will routing table.13 For orders entered with statements may be examined at the then be routed in accordance with the a ROUD or ROUQ routing options, the places specified in Item IV below. The pre-established sequence in the System System is first checked for available Exchange has prepared summaries, set routing table. forth in sections A, B, and C below, of As proposed, the DRT routing shares and then is sent to destinations the most significant aspects of such mechanism would instead use a on the System routing table. If shares statements. randomly generated, weighted remain unexecuted after routing, they permutation to prioritize off-exchange are posted on the EDGX Book, unless A. Self-Regulatory Organization’s otherwise instructed by the User. The Statement of the Purpose of, and venues based on a ‘‘score’’ 11 for each off-exchange venue, where a higher ROUD and ROUQ routing options first Statutory Basis for, the Proposed Rule seek liquidity on the Exchange’s book, Change score will result in a greater likelihood that the off-exchange venue will be and will subsequently route any 1. Purpose selected earlier in the permutation. The unfilled portion of the order pursuant to DRT routing mechanism will be the System routing table. Given the The Exchange proposes to: (i) Adopt established in the System routing table proposed implementation of DRT, the the DRT routing option under proposed and replace the existing routing ROUD and ROUQ routing option will Rule 11.11(g)(2); (ii) amend Rule mechanism that routes orders to ATSs. first seek liquidity on the Exchange’s 11.11(g) to eliminate the ROUD, ROUE, The Exchange believes that converting book, and will subsequently route any and ROUQ routing options and to from this mechanical, sequential routing unfilled portion via DRT. Such a eliminate any such references in its Fee strategy to the more dynamic strategy Schedule; and (iii) amend Rule 11.11(a) 12 Rule 600(b)(82) of Regulation NMS defines a to make clear that if a User 5 selects the ‘‘Trading Center’’ as ‘‘a national securities exchange 8 The ‘‘System’’ is the Exchange’s electronic or national securities association that operates an RDOT, RDOX, or INET routing options, communications and trading facility designated by SRO trading facility, an alternative trading system, 6 orders with a short sale instruction the Board through which securities orders of Users an exchange market maker, an OTC market maker, when a short sale circuit breaker are consolidated for ranking, execution and, when or any other broker or dealer that executes orders applicable, routing away. See Exchange Rule internally by trading as principal or crossing orders pursuant to Rule 201 of Regulation 1.5(cc). 7 as agent.’’ See 17 CFR 242.201(a)(9); 17 CFR SHO is in effect are eligible for routing 9 The term ‘‘System routing table’’ refers to the 242.600(b)(82). by the Exchange. The Exchange intends proprietary process for determining the specific 13 While the System routing table is not publicly to implement the proposed rule changes trading venues to which the System routes orders available, the Cboe affiliated equity markets have on February 3, 2020. and the order in which it routes them. See provided a summary document of its available Exchange Rule 11.11(g). routing options, which is subject to change at any 10 The Exchange notes that the current routing time. Such document details the strategies of the 5 See Exchange Rule 1.5(ee). mechanism is set forth in the System routing table, ROUD, ROUQ, ROUE, ROUZ, and ROUT routing 6 See Exchange Rule 11.6(o). The term ‘‘short and is not referenced in Exchange Rules. options referenced herein. See https:// sale’’ is defined as ‘‘any sale of a security which the Nonetheless, the Exchange proposes to adopt the cdn.cboe.com/resources/features/cboe_exchange_ seller does not own or any sale which is DRT under subparagraph (g)(2) of Rule 11.11 to routing-strategies.pdf. See also Exchange Rule consummated by the delivery of a security harmonize the Exchange’s rules with BZX/BYX 11.11(g), which provides that the Exchange reserves borrowed by, or for the account of, the seller.’’ 17 Rule 11.13(b)(3)(D). the right to route orders simultaneously or CFR 242.200(a). 11 ‘‘Scores’’ are assigned to each off-exchange sequentially, maintain a 124 different System 7 See 17 CFR 242.201; Securities Exchange Act venue by the Exchange and are determined based routing table for different routing options and to Release No. 61595 (February 26, 2010), 75 FR 11232 on various factors, such as order fill percentage, modify the System routing table at any time without (March 10, 2010). latency, and price improvement. notice.

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strategy is duplicative of the Exchange’s (‘‘NBB’’) 20 when a short sale circuit routing strategies are also able to be ROUZ routing option.14 Therefore, the breaker is in effect for the covered routed when a SSCB is in effect. Given Exchange proposes to eliminate security (the ‘‘SSCB’’). Based on this that orders routed via the RDOT, RDOX, subparagraph (g)(2) and (g)(3)(D) of Rule rule, there is no reason for a Trading and INET routing options are subjected 11.11, as well as Fee Code T from the Center to route an order marked short to the receiving Trading Center’s Exchange’s Fee Schedule.15 when a SSCB is in effect using a routing processes for handling short sale orders Similarly, the ROUE routing option option that does not provide for a routed in compliance with Rule 201 of order to post to another Trading Center’s provided in Rule 11.11(g)(3)(A) first Regulation SHO in substantially the book. Post to Away 21 and ROOC 22 seeks liquidity on the Exchange’s book, same manner as the ROOC and Post to routing options are able to post an order second will route any unfilled portion Away routing options, the Exchange to another Trading Center’s book and, of the order to ATSs pursuant to the believes such functionality is thus, Exchange Rule 11.11(a) explicitly System routing table, and third will appropriate and that Exchange Rules provides that the Exchange will route route any unfilled portion of the order should be amended to codify such 16 orders marked short using Post to Away functionality. to other Trading Centers. Given the and ROOC routing options when a SSCB proposed implementation of DRT, the 23 Based on the above proposed changes is in effect. the Exchange also proposes to re- ROUE routing option will first seek Similarly, RDOT,24 RDOX,25 and alphabetize paragraph (g)(3) of Rule liquidity on the Exchange’s book, INET 26 routing options are able to post 11.11, and make conforming changes to second route any unfilled portion via an order to another Trading Center’s various subparagraphs under paragraph DRT, and third will route any unfilled book. Based on this functionality, the (g) of Rule 11.11. Additionally, the portion of the order to other Trading Exchange currently allows orders Exchange proposes non-substantive centers. Such a strategy is duplicative of marked short while a SSCB is in effect 17 changes to Rule 11.11(g)(7) and (g)(13) the Exchange’s ROUT routing option. to be routed using these routing options. to properly reflect the name of Cboe Therefore, the Exchange proposes to As such, the Exchange is proposing to eliminate subparagraph (g)(3)(A) of Rule amend Rule 11.11(a) in order to codify BZX Exchange, Inc. and remove the 11.11 and references to the ROUE that, in addition to Post to Away and Investors Exchange as a primary listing routing option in subparagraphs (g)(11) ROOC routing options, short orders market. and (12). The Exchange also proposes to using the RDOT, RDOX, and INET 2. Statutory Basis remove Fee Codes PR and RQ as they both reference the ROUQ routing option 20 See 17 CFR 242.201(a)(4); 17 CFR The Exchange believes the proposed which is also proposed to be 242.600(b)(43). rule change is consistent with the eliminated.18 The Exchange also 21 See Exchange Rule 11.11(g)(11). Under the Post Securities Exchange Act of 1934 (the to Away routing option, the remainder of a routed ‘‘Act’’) and the rules and regulations proposes to remove references to the order is routed to and posted to the order book of ROUE trading strategy in Fee Codes BY, a destination on the ‘‘System routing table’’, as thereunder applicable to the Exchange I, and K. specified by the User. and, in particular, the requirements of 22 ROOC is a routing option for orders that the Section 6(b) of the Act.27 Specifically, RDOT, RDOX, and INET Routing User wishes to designate for participation in the the Exchange believes the proposed rule Clarification opening, re-opening (following a halt, suspension, or pause), or closing process of a primary listing change is consistent with the Section market other than the Exchange (e.g., the New York 6(b)(5) 28 requirements that the rules of Under Rule 201 of Regulation SHO, a Stock Exchange, Inc. (‘‘NYSE’’), Nasdaq Stock 19 an exchange be designed to prevent short sale order in a covered security Market LLC (‘‘Nasdaq’’), NYSE MKT LLC, NYSE fraudulent and manipulative acts and Arca, Inc. (‘‘NYSE Arca’’), or BZX) if received generally cannot be executed or practices, to promote just and equitable displayed by a Trading Center (such as before the opening/re-opening/closing time of such market. If shares remain unexecuted after principles of trade, to foster cooperation the Exchange), at a price that is at or attempting to execute in the opening, re-opening, or and coordination with persons engaged below the current national best bid closing process, they are either posted to the EDGX in regulating, clearing, settling, Book, executed, or routed to destinations on the System routing table. See Exchange Rule processing information with respect to, 14 See Exchange Rule 11.11(g)(3)(E). See also id. 11.11(g)(8). and facilitating transactions in 15 Fee Code T references both the ROUD and 23 The Exchange notes that orders routed ROUE routing options, both of which are proposed securities, to remove impediments to pursuant to the Post to Away, ROOC, RDOT, RDOX, and perfect the mechanism of a free and to be eliminated from the Fee Schedule. As such, and INET routing options that include a short sale the Exchange proposes to eliminate Fee Code T in instruction are identified as ‘‘short’’ and are subject open market and a national market its entirety. to the receiving Trading Center’s processes for system, and, in general, to protect 16 See supra note 14. handling short sale orders in compliance with Rule investors and the public interest. 17 See Exchange Rule 11.11(g)(3)(B). See also 201 of Regulation SHO. Additionally, the Exchange believes the supra note 14. 24 RDOT is a routing option under which an order 18 As noted above, Fee Code T references both checks the System for available shares and then is proposed rule change is consistent with ROUD and ROUE routing strategies, both of which sent to destinations on the System routing table. If the Section 6(b)(5) 29 requirement that the Exchange is proposing to eliminate and, as shares remain unexecuted after routing, they are the rules of an exchange not be designed such, the Exchange proposed above to eliminate Fee sent to the NYSE and can be re-routed by the NYSE. to permit unfair discrimination between Code T. Any remainder will be posted to the NYSE, unless 19 Rule 201(a)(1) of Regulation SHO defines the otherwise instructed by the User. customers, issuers, brokers, or dealers. term ‘‘covered security’’ to mean any ‘‘NMS stock’’ 25 See Exchange Rule 11.11(g)(6). RDOX is a The proposed rule change also is as defined under Rule 600(b)(48) of Regulation routing option under which an order checks the designed to support the principles of NMS. Rule 600(b)(48) of Regulation NMS defines an System for available shares, is then sent to the Section 11A(a)(1) 30 of the Act in that it ‘‘NMS stock’’ as ‘‘any NMS security other than an NYSE and can be re-routed by the NYSE. If shares option.’’ Rule 600(b)(47) of Regulation NMS defines remain unexecuted after routing, they are posted on seeks to assure fair competition among an ‘‘NMS security’’ as ‘‘any security or class of the NYSE book, unless otherwise instructed by the brokers and dealers and among securities for which transaction reports are User. exchange markets. collected, processed, and made available pursuant 26 See Exchange Rule 11.11(g)(4). INET is a to an effective transaction reporting plan, or an routing option under which an order checks the 27 effective national market system plan for reporting System for available shares and then is sent to 15 U.S.C. 78f(b). transactions in listed options.’’ See 17 CFR Nasdaq. If shares remain unexecuted after routing, 28 15 U.S.C. 78f(b)(5). 242.201(a)(1); 17 CFR 242.600(b)(47); and 17 CFR they are posted on the Nasdaq book, unless 29 Id. 242.600(b)(48). otherwise instructed by the User. 30 15 U.S.C. 78k–1(a)(1).

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In particular, the proposed rule the Exchange’s rulebook with respect to be duplicative of existing routing change to add the DRT routing option is the routing of orders in compliance with options after the implementation of the generally intended to provide a Rule 201 of Regulation SHO. In DRT routing mechanism. consistent technology offering for the addition, providing Users the ability to The Exchange does not believe that Cboe affiliated exchanges, which the send short sale orders that are routable the proposed amendments will impose Exchange believes is designed to remove pursuant to RDOT, RDOX, and INET any burden on intra-market competition impediments to and perfect the routing options provides them that is not necessary or appropriate in mechanism of a free and open market additional flexibility with regard to the furtherance of the purposes of the Act. and a national market system. Further to handling of their orders. The Exchange The Exchange provides routing services this point, a consistent technology notes that orders that include a short in a highly competitive market in which offering, in turn, will simplify the sale instruction routed pursuant to the participants may avail themselves of a technology implementation, changes RDOT, RDOX, or INET routing options wide variety of routing options offered and maintenance by Users of the are identified ‘‘short’’ and, therefore, by self-regulatory organizations, other Exchange that are also participants on subject to the receiving Trading Center’s broker-dealers, market participants’ own BYX and/or BZX. The proposed rule processes for handling short sale orders proprietary routing systems, and service changes would also provide Users with in compliance with Regulation SHO. bureaus. In such an environment, access to functionality that is intended The Exchange also notes that the Post to system enhancements such as the to result in the efficient execution of Away and ROOC routing options are changes proposed in this rule filing do such orders and will provide additional similar to the RDOT, RDOX, and INET not burden competition, because they flexibility as well as increased routing options in that they route orders can succeed in attracting order flow to functionality to the Exchange’s System to other Trading Centers for posting the Exchange only if they offer investors and its Users. As a result, the and/or later execution. Rule 11.11(a) higher quality and better value than Exchange’s proposal will further remove currently provides that orders including services offered by others. The Exchange impediments to and perfect the a short sale instruction routed pursuant reiterates that the proposed rule change mechanism of a free and open market to the Post to Away or ROOC routing to adopt DRT and eliminate the ROUE, and a national market system, and will options are eligible for routing when a ROUQ, and ROUD strategies is being also introduce the DRT routing strategy short sale circuit breaker is in effect. proposed in an effort to add a consistent on the Exchange which will provide Thus, the proposed amendments to Rule technology offering across the Cboe market participants with greater 11.11(a) is directly targeted at removing affiliated Exchanges. flexibility in routing orders without impediments to and perfecting the C. Self-Regulatory Organization’s developing order routing strategies on mechanism of a free and open market Statement on Comments on the their own. and national market system, as well as Proposed Rule Change Received From The Exchange believes the proposed to assure fair competition among Members, Participants, or Others rule change to remove references to brokers and dealers and among ROUD, ROUQ, and ROUE from exchange markets. The Exchange neither solicited nor Exchange Rules and the Fee Schedule received comments on the proposed will remove impediments to the B. Self-Regulatory Organization’s rule change. Statement on Burden on Competition mechanism of a free and open market, III. Date of Effectiveness of the thereby protecting investors and the The Exchange does not believe that Proposed Rule Change and Timing for public interest. As stated above, the the proposed rule change will impose Commission Action Exchange is proposing that its routing any burden on competition that is not functionality to ATSs will use the DRT necessary or appropriate in furtherance The Exchange has designated this rule routing mechanism in the System of the purposes of the Act. The filing as non-controversial under 31 routing table effective February 3, 2020. Exchange notes that the proposed Section 19(b)(3)(A) of the Act and 32 As a result, the ROUD, ROUQ, and amendment to allow orders with a short Rule 19b–4(f)(6) thereunder. Because ROUE routing options will function in sale instruction and a RDOX, RDOT, or the foregoing proposed rule change does the same manner as other existing INET routing option to be eligible to not: (i) Significantly affect the routing options. By removing routing route when a short sale circuit breaker protection of investors or the public options that are duplicative of other is in effect will promote consistency interest; (ii) impose any significant existing routing options and amending between other routing strategies (i.e., burden on competition; and (iii) become Exchange Rules to reflect a new routing Post to Away and ROOC) that are operative for 30 days from the date on option, the Exchange believes the similarly eligible to route when a short which it was filed, or such shorter time proposed rule change will remove sale circuit breaker is in effect and are as the Commission may designate, it has impediments to the mechanism of a free designed to route orders to other become effective pursuant to Section and open market and protect investors Trading Centers for posting and/or later 19(b)(3)(A) of the Act and Rule 19b– by providing investors with increased execution. The Exchange does not 4(f)(6) thereunder. transparency regarding rules that reflect believe the proposed change will have A proposed rule change filed routing options currently available on any impact on intermarket competition pursuant to Rule 19b–4(f)(6) under the 33 the Exchange. Also, as it pertains to the as the RDOX, RDOT, and INET routing Act normally does not become proposed changes to Exchange Rule strategies are and will continue to be 11.11(g) and the Fee Schedule, the available to all Users. 31 15 U.S.C. 78s(b)(3)(A). The Exchange notes that the proposed 32 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Exchange does not believe the proposed 4(f)(6)(iii) requires a self-regulatory organization to amendments will permit unfair amendments to add a reference to the give the Commission written notice of its intent to discrimination among customers, DRT routing option and eliminate file the proposed rule change, along with a brief brokers, or dealers because the ROUD, references to the ROUD, ROUE, and description and text of the proposed rule change, ROUQ, and ROUE routing options will ROUQ routing options in Exchange at least five business days prior to the date of filing of the proposed rule change, or such shorter time no longer be available to all Users. Rules and the Fee Schedule will as designated by the Commission. The Exchange Finally, the proposed changes to Rule eliminate any potential confusion to has satisfied this requirement. 11.11(a) are designed to ensure clarity in investors, as those routing options will 33 17 CFR 240.19b–4(f)(6).

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operative for 30 days after the date of its All submissions should refer to File concerning each proposed collection of filing. However, Rule 19b–4(f)(6)(iii) 34 Number SR–CboeEDGX–2020–006. This information before submission to OMB, permits the Commission to designate a file number should be included on the and to allow 60 days for public shorter time if such action is consistent subject line if email is used. To help the comment in response to the notice. with the protection of investors and the Commission process and review your DATES: Submit comments on or before public interest. The Exchange has asked comments more efficiently, please use April 13, 2020. the Commission to waive the 30-day only one method. The Commission will ADDRESSES: Send all comments to Mary operative delay so that the proposal may post all comments on the Commission’s Frias, Loan Specialist, Office of become operative immediately upon internet website (http://www.sec.gov/ Financial Assistance, Small Business filing. The Exchange has represented rules/sro.shtml). Copies of the Administration, 409 3rd Street, 8th that adopting the DRT routing submission, all subsequent Floor, Washington, DC 20416. functionality and eliminating references amendments, all written statements FOR FURTHER INFORMATION CONTACT: to certain duplicative routing options with respect to the proposed rule Mary Frias, Loan Specialist, Office of will conform its routing strategies to its change that are filed with the Financial Assistance, (202) 401–8234, affiliated exchanges and will eliminate Commission, and all written [email protected], or Curtis B. Rich, any potential confusion for its Members. communications relating to the Management Analyst, (202) 205–7030, The Commission believes that waiver of proposed rule change between the [email protected]. Commission and any person, other than the 30-day operative delay is consistent SUPPLEMENTARY INFORMATION: The 504 those that may be withheld from the with the protection of investors and the Loan Program is an SBA financing public in accordance with the public interest and hereby waives the program authorized under Title V of the provisions of 5 U.S.C. 552, will be operative delay and designates the Small Business Investment Act of 1958, 35 available for website viewing and proposal as operative upon filing. 15 U.S.C. 695 et seq. The core mission printing in the Commission’s Public At any time within 60 days of the of the 504 Loan Program is to provide Reference Room, 100 F Street NE, filing of the proposed rule change, the long-term financing to eligible small Washington, DC 20549, on official Commission summarily may businesses for the purchase or business days between the hours of temporarily suspend such rule change if improvement of land, buildings, and 10:00 a.m. and 3:00 p.m. Copies of the it appears to the Commission that such major equipment in an effort to facilitate filing also will be available for action is necessary or appropriate in the the creation or retention of jobs and inspection and copying at the principal public interest, for the protection of local economic development. Under the office of the Exchange. All comments investors, or otherwise in furtherance of 504 Loan Program, 504 loans are made received will be posted without change. the purposes of the Act. If the to small businesses by Certified Persons submitting comments are Commission takes such action, the Development Companies (‘‘CDCs’’), and cautioned that we do not redact or edit Commission shall institute proceedings the 504 loans are funded with proceeds personal identifying information from under Section 19(b)(2)(B) of the Act 36 to from the sale of debentures issued by comment submissions. You should determine whether the proposed rule CDCs and guaranteed by SBA. The submit only information that you wish change should be approved or information collection that is approved to make available publicly. All disapproved. under OMB Control Number 3245–0071 submissions should refer to File facilitates the ongoing administration of IV. Solicitation of Comments Number SR–CboeEDGX–2020–006 and the 504 Loan Program. This information should be submitted on or before March Interested persons are invited to collection currently consists of SBA 5, 2020. submit written data, views, and Form 1244, Application for Section 504 arguments concerning the foregoing, For the Commission, by the Division of Loans; and SBA Form 2450, Eligibility including whether the proposed rule Trading and Markets, pursuant to delegated Information Required for 504 authority.37 change is consistent with the Act. Submission (Non PCLP). SBA Comments may be submitted by any of J. Matthew DeLesDernier, recognizes that this information the following methods: Assistant Secretary. collection needs to be modernized to [FR Doc. 2020–02838 Filed 2–12–20; 8:45 am] Electronic Comments: meet the needs of small business BILLING CODE 8011–01–P applicants and CDCs. As a result, SBA • Use the Commission’s internet intends to make revisions to this comment form (http://www.sec.gov/ information collection that would rules/sro.shtml); or SMALL BUSINESS ADMINISTRATION streamline the process and reduce • Send an email to rule-comments@ duplication for CDCs and the small sec.gov. Please include File Number SR– Data Collection Available for Public business applicants. These revisions CboeEDGX–2020–006 on the subject Comments will result in SBA Form 2450 being line. cancelled and its contents substantially ACTION: 60-day notice and request for Paper Comments: comments. incorporated into SBA Form 1244. Additionally, three of the forms • Send paper comments in triplicate SUMMARY: The Small Business currently approved under OMB Control to Secretary, Securities and Exchange Administration (‘‘SBA’’) intends to Number 3245–0346 (Form 2234 (Part A), Commission, 100 F Street NE, request approval from the Office of Premier Certified Lenders Program Washington, DC 20549–1090. Management and Budget (‘‘OMB’’) for (PCLP) Guarantee Request; Form 2234 the collection of information authorized (Part B), Supplemental Information for 34 17 CFR 240.19b–4(f)(6)(iii). under OMB Control Number 3245–0071. Premier Certified Lender Program 35 For purposes only of waiving the 30-day The Paperwork Reduction Act (‘‘PRA’’) (PCLP) Processing; and Form 2234 (Part operative delay, the Commission also has requires federal agencies to publish a C), Eligibility Information Required for considered the proposed rule’s impact on efficiency, competition, and capital formation. See notice in the Federal Register 504 Submission (PCLP) will also be 15 U.S.C. 78c(f). incorporated into SBA Form 1244. SBA 36 15 U.S.C. 78s(b)(2)(B). 37 17 CFR 200.30–3(a)(12). is publishing a separate Federal

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Register notice regarding the revisions loan application. To the extent that the Submission through the ASM—4,621 × to the information collection under information collected on this form is not 2.25 hours = 10,397 burden hours. OMB Control Number 3245–0346. already collected on the current SBA Submission through non-PCLP/ASM— Summary of changes to: OMB Control Form 1244, it will be incorporated into 1,097 × 2.45 hours = 2,687 burden Number 3245–0071: the SBA Form 1244, and the SBA Form hours. 1. SBA Form 1244, Application for 2234 (Part B) will be discontinued. Section 504 Loans. This form is used by 5. SBA Form 2234 (Part C), Eligibility Curtis Rich, all small businesses applying for 504 Information Required for 504 Management Analyst. loans and all CDCs applying for SBA Submission (PCLP). Currently, this form [FR Doc. 2020–02869 Filed 2–12–20; 8:45 am] guarantees of the debentures that are is used for PCLP processing only. The BILLING CODE P sold by CDCs to fund 504 loans. The SBA Form 2234 (Part C) is an eligibility SBA Form 1244 is currently used for all checklist that allows a PCLP CDC to types of 504 loan processing—the determine and certify to SBA the SMALL BUSINESS ADMINISTRATION Abridged Submission Method (‘‘ASM’’), eligibility of the small business non-PCLP/ASM, and Premier Certified Data Collection Available for Public applicant and the 504 loan. SBA will be Comments Lenders Program (‘‘PCLP’’) processing. discontinuing this form and As discussed below, SBA Form 2450 as incorporating its content into the SBA ACTION: 60-Day notice and request for well as SBA Form 2234 (Parts A, B, C), Form 1244. The requested information comments. will be consolidated into this form. will remain substantially unchanged. In Additional changes to SBA Form 1244 some cases, the information will be SUMMARY: The Small Business are intended to provide greater clarity submitted as part of the CDC’s credit Administration (SBA) intends to request for small business applicants using the memorandum, which is currently an approval from the Office of Management Eligible Passive Company/Operating exhibit to the SBA Form 1244. In other and Budget (OMB) for the collection of Company (EPC/OC) structure, as cases, the information will be submitted information described below. The described in 13 CFR 120.111, that are as a new exhibit to the SBA Form 1244. Paperwork Reduction Act (PRA) owned by Employee Stock Ownership requires federal agencies to publish a Plans; or are funded by 401(k) plans. Solicitation of Public Comments notice in the Federal Register 2. SBA Form 2450, Eligibility SBA is requesting comments on (i) concerning each proposed collection of Information Required for 504 whether the collection of information is information before submission to OMB, Submission (Non PCLP). Currently, this necessary for the agency to properly and to allow 60 days for public form is used by non-PCLP CDCs, perform its functions; (ii) whether the comment in response to the notice. including those CDCs using ASM burden estimates are accurate; (iii) DATES: Submit comments on or before processing, and is submitted in whether there are ways to minimize the April 13, 2020. conjunction with the SBA Form 1244. burden, including through the use of ADDRESSES: Send all comments to Mary The SBA Form 2450 is an eligibility automated techniques or other forms of checklist submitted by the CDC that Frias, Loan Specialist, Office of information technology; and (iv) Financial Assistance, Small Business allows SBA to determine the eligibility whether there are ways to enhance the of the small business applicant and the Administration, 409 3rd Street SW, quality, utility, and clarity of the Washington, DC 20416. 504 loan. SBA will be incorporating the information. content of the SBA Form 2450 into SBA FOR FURTHER INFORMATION CONTACT: Form 1244 and discontinuing the SBA Summary of Proposed Information Mary Frias, Loan Specialist, Office of Form 2450. The information that SBA Collection: Financial Assistance, mary.frias@ sba.gov, (202) 401–8234, or Curtis B. will be collecting will remain Title: Application for Section 504 Rich, Management Analyst, (202) 205– substantially unchanged; however, the Loans. way in which the information is Form Number: SBA Form 1244, 7030, [email protected]. submitted will be revised. In some Application for Section 504 Loans. SUPPLEMENTARY INFORMATION: This cases, the information will be submitted OMB Control Number: 3245–0071. information collection consists of SBA as part of the CDC’s credit Description of Respondents: Small Form 2233, PCLP Quarterly Loan Loss memorandum, which is currently an business concerns applying for 504 Reserve Report; Form 2234 (Part A), exhibit to the SBA Form 1244. In other loans and CDCs applying for guarantees Premier Certified Lenders Program cases, the information will be submitted of debentures to fund 504 loans. (PCLP) Guarantee Request; Form 2234 as a new exhibit to the SBA Form 1244. Total Estimated Number of (Part B), Supplemental Information for 3. SBA Form 2234 (Part A), Premier Respondents Annually: 7210. Premier Certified Lender Program Certified Lenders Program (PCLP) 208 CDCs and approximately 5,800 (PCLP) Processing; and Form 2234 (Part Guarantee Request. This form is used for small businesses based on the average C), Eligibility Information Required for PCLP processing only, and serves as a number of applications received by SBA 504 Submission (PCLP). SBA is cover sheet for the SBA Form 2234 (Part in FY19 5,829 using the PCLP, ASM and proposing to revise this collection by B) and SBA Form 2234 (Part C). To the non-PCLP/ASM methods. Of the 5,800 cancelling Form 2234 and making minor extent that the information collected on applications submitted, 23 or 0.39% are edits to Form 2233. this form is not already collected on the PCLP processed, 4,621 or 80% are ASM, Form 2233 will continue to be used current SBA Form 1244, it will be and 1,156 or 20% are non-PCLP/ASM. by PCLP Certified Development incorporated into the SBA Form 1244, Frequency of Response Annually: 1 Companies (PCLP CDCs) to report their and the SBA Form 2234 (Part A) will be per each small business applicant. quarterly loan loss reserves. SBA has discontinued. Total Estimated Annual Responses: made a few changes to the form relating 4. Form 2234 (Part B), Supplemental 5,800. to whether PCLP CDCs are using the Information for Premier Certified Lender Total Estimated Annual Hour Burden: Declining Balance Methodology in Program (PCLP) Processing. This form is 13,159. calculating its LLRF balances. This used for PCLP processing only, and it Submission through the PCLP—23 × change ensures consistency with recent collects quantifiable metrics for the 504 3.25 hours = 74.75 burden hours. regulatory amendments in SBA’s

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December 4, 2019, final rule: Summary of Proposed Information conducted by SBA personnel with small Streamlining and Modernizing Certified Collection business owners, homeowners and Development Company Program (504 Title: PCLP Quarterly Loan Loss renters (disaster victims) who seek Loan Program) Corporate Governance Reserve Report. financial assistance to help in the Requirements (84 FR 66287). SBA also Form Numbers: SBA Form 2233, recovery from physical or economic made minor edits to this form to clarify PCLP Quarterly Loan Loss Reserve disasters. The basic information reporting instructions. The burden Report. collected helps the Agency to make hours to complete Form 2233 are OMB Control Number: 3245–0346. preliminary eligibility assessment. unchanged. Description of Respondents: Certified Solicitation of Public Comments With the cancellation of Form 2234 Development Companies with PCLP Comments may be submitted on (a) (Parts A, B, and C), SBA is proposing to Status. whether the collection of information is incorporate the non-duplicative Estimated Number of Respondents: 15 necessary for the agency to properly questions into SBA Form 1244, which is PCLP CDCs. perform its functions; (b) whether the approved under OMB Control Number Frequency of Responses Annually: 1 burden estimates are accurate; (c) 3245–0071. SBA is publishing a per quarter. Total Estimated Annual Responses: whether there are ways to minimize the separate Federal Register notice to 40 (1 report each quarter). burden, including through the use of address the revisions to that information Total Estimated Annual Hour Burden: automated techniques or other forms of collection. The specific rationale for 20 hours. information technology; and (d) whether cancelling Form 2234 (Parts A, B, and there are ways to enhance the quality, Curtis Rich, C) is as follows: utility, and clarity of the information. Management Analyst. —Form 2234 (Part A): This form serves Summary of Information Collections as a cover sheet for the Form 2234 [FR Doc. 2020–02868 Filed 2–12–20; 8:45 am] (Part B). Most of the information BILLING CODE P (1) Title: Disaster Home/Business collected on this form is collected on Loan Inquiry Record. the current SBA Form 1244; any Description of Respondents: Disaster SMALL BUSINESS ADMINISTRATION information that is not duplicative Recovery Victims. Form Number: SBA Form 700. will be incorporated into that form. Reporting and Recordkeeping Estimated Annual Respondents: —Form 2234 (Part B): This form collects Requirements Under OMB Review 46,638. quantifiable metrics for the AGENCY: Small Business Administration. Estimated Annual Responses: 46,638. application in addition to the impacts Estimated Annual Hour Burden: expected to be gained as a result of ACTION: 30-Day notice. 11,660. the project. Most of the information is SUMMARY: The Small Business already collected on Form 1244, Administration (SBA) is publishing this Curtis Rich, including the credit memorandum; notice to comply with requirements of Management Analyst. any non-duplicative information will the Paperwork Reduction Act (PRA), [FR Doc. 2020–02942 Filed 2–12–20; 8:45 am] be incorporated into the revised Form which requires agencies to submit BILLING CODE 8026–03–P 1244. proposed reporting and recordkeeping —Form 2234 (Part C): This form is a requirements to OMB for review and checklist comprised of yes/no approval, and to publish a notice in the questions. The information collected Federal Register notifying the public of DEPARTMENT OF STATE is used to determine the eligibility of that submission. the applicant and the 504 project. The DATES: Submit comments on or before [Public Notice: 11036] content of this form will be March 16, 2020. Determination Under Section 620G(b) incorporated into the SBA Form 1244. ADDRESSES: Comments should refer to The information collected will remain the information collection by name and/ of the Foreign Assistance Act of 1961 substantially unchanged. Following or OMB Control Number and should be Pursuant to section 620G(b) of the the cancellation of Part C, some of the sent to: Agency Clearance Officer, Curtis Foreign Assistance Act of 1961 (FAA), information will be submitted as part Rich, Small Business Administration, Executive Order 12163, as amended by of the credit memorandum, which is 409 3rd Street SW, 5th Floor, the Executive Order 13346, and currently an exhibit to the SBA Form Washington, DC 20416; and SBA Desk Delegation of Authority No. 245–2, I 1244, and other information will be Officer, Office of Information and hereby determine that furnishing submitted as a new exhibit to the SBA Regulatory Affairs, Office of assistance to the Governments of Form 1244. Management and Budget, New Canada, Egypt, France, Germany, Italy, Solicitation of Public Comments: SBA Executive Office Building, Washington, Kuwait, the Netherlands, Norway, is requesting comments on (i) Whether DC 20503. Qatar, Saudi Arabia, Sweden the United the collection of information is FOR FURTHER INFORMATION CONTACT: Arab Emirates, and the United Kingdom necessary for the agency to properly Curtis Rich, Agency Clearance Officer, is important to the national interests of perform its functions; (ii) whether the (202) 205–7030 [email protected]. the United States and thereby waive, burden estimates are accurate; (iii) Copies: A copy of the Form OMB 83– with respect to these governments, the whether there are ways to minimize the 1, supporting statement, and other application of section 620G(a) of the burden, including through the use of documents submitted to OMB for FAA. automated techniques or other forms of review may be obtained from the This Determination shall be published information technology; and (iv) Agency Clearance Officer. in the Federal Register and, along with whether there are ways to enhance the SUPPLEMENTARY INFORMATION: Small the accompanying Memorandum of quality, utility, and clarity of the Business Administration Form 700 Justification, shall be reported to information. provides a record of interviews Congress.

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Dated: January 28, 2020. Federal programs and activities apply to this a.m. and 5 p.m., ET, Monday through Stephen E. Biegun, program). Friday, except Federal holidays. Deputy Secretary of State. Dated: February 7, 2020. B. Privacy Act [FR Doc. 2020–02879 Filed 2–12–20; 8:45 am] Arlene K. Kocher, In accordance with 5 U.S.C. 553(c), BILLING CODE 4710–26–P Division Administrator, Federal Highway Administration, Springfield, Illinois. DOT solicits comments from the public to better inform its rulemaking process. [FR Doc. 2020–02920 Filed 2–12–20; 8:45 am] DOT posts these comments, without DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–22–P edit, including any personal information Federal Highway Administration the commenter provides, to DEPARTMENT OF TRANSPORTATION www.regulations.gov, as described in Environmental Impact Statement: the system of records notice (DOT/ALL– Christian, Shelby, Fayette, Marion, Federal Motor Carrier Safety 14 FDMS), which can be reviewed at Clinton, Jefferson and Washington Administration www.transportation.gov/privacy. Counties, Illinois II. Background [Docket No. FMCSA–2019–0018] AGENCY: Federal Highway On December 19, 2019, FMCSA Administration (FHWA), DOT. Qualification of Drivers; Exemption published a notice announcing receipt ACTION: Notice to rescind a Notice of Applications; Vision of applications from 11 individuals Intent to prepare an Environmental requesting an exemption from vision Impact Statement. AGENCY: Federal Motor Carrier Safety requirement in 49 CFR 391.41(b)(10) Administration (FMCSA), DOT. and requested comments from the SUMMARY: The FHWA is issuing this ACTION: Notice of final disposition. public (84 FR 69814). The public notice to advise the public that an comment period ended on January 21, SUMMARY: FMCSA announces its environmental impact statement will 2020, and one comment was received. not be prepared for the US 51 Project, decision to exempt 11 individuals from FMCSA has evaluated the eligibility a proposed transportation improvement the vision requirement in the Federal of these applicants and determined that project in Christian, Shelby, Fayette, Motor Carrier Safety Regulations granting the exemptions to these Marion, Clinton, Jefferson and (FMCSRs) to operate a commercial individuals would achieve a level of Washington Counties in Illinois. motor vehicle (CMV) in interstate safety equivalent to, or greater than, the FOR FURTHER INFORMATION CONTACT: commerce. They are unable to meet the level that would be achieved by Arlene K. Kocher, Division vision requirement in one eye for complying with § 391.41(b)(10). Administrator, Federal Highway various reasons. The exemptions enable The physical qualification standard Administration, 3250 Executive Park these individuals to operate CMVs in for drivers regarding vision found in Drive, Springfield, Illinois 62703. interstate commerce without meeting § 391.41(b)(10) states that a person is Phone: (217) 492–4600. the vision requirement in one eye. physically qualified to drive a CMV if Jeffrey P. Meyers, P.E., Region 4 DATES: The exemptions were applicable that person has distant visual acuity of Engineer, Illinois Department of on January 22, 2020. The exemptions at least 20/40 (Snellen) in each eye Transportation, 400 West Wabash, expire on January 22, 2022. without corrective lenses or visual Effingham, Illinois 62401, Phone: 217– FOR FURTHER INFORMATION CONTACT: Ms. acuity separately corrected to 20/40 342–8201. Christine A. Hydock, Chief, Medical (Snellen) or better with corrective SUPPLEMENTARY INFORMATION: The Programs Division, (202) 366–4001, lenses, distant binocular acuity of a least FHWA, in cooperation with the Illinois [email protected], FMCSA, 20/40 (Snellen) in both eyes with or Department of Transportation (IDOT), Department of Transportation, 1200 without corrective lenses, field of vision issued a notice of intent to prepare an New Jersey Avenue SE, Room W64–224, of at least 70° in the horizontal meridian environmental impact statement (EIS) Washington, DC 20590–0001. Office in each eye, and the ability to recognize on November 26, 2007 (72 FR 67779). hours are from 8:30 a.m. to 5 p.m., ET, the colors of traffic signals and devices The project proposal was to address Monday through Friday, except Federal showing red, green, and amber. potential increases in traffic volumes, holidays. If you have questions III. Discussion of Comments operational issues, and State economic regarding viewing or submitting initiatives of the existing 70-mile material to the docket, contact Docket FMCSA received one comment in this roadway facility south of Pana to east of Operations, (202) 366–9826. proceeding. Matthew W submitted a comment that asks for clarification on Irvington, Illinois. SUPPLEMENTARY INFORMATION: The FHWA is rescinding the notice of the current process is by which intent because IDOT has no plans to I. Public Participation individuals who are not U.S. Citizens advance the project and no further A. Viewing Documents and Comments may be able to acquire a license, and activities will occur in its development. suggests that such individuals be Comments or questions concerning To view comments, as well as any required to hold an Operator’s License this notice should be directed to FHWA documents mentioned in this notice as for some period of time prior to being or the Illinois Department of being available in the docket, go to eligible to operate a CMV. This Transportation at the addresses http://www.regulations.gov/ comment is not related to Vision provided above. docket?D=FMCSA-2019-0018 and Exemptions and is outside the scope of Authority: 23 U.S.C. 315; 23 CFR 771.123; choose the document to review. If you the current notice. do not have access to the internet, you 49 CFR 1.48. IV. Basis for Exemption Determination (Catalog of Federal Domestic Assistance may view the docket online by visiting Program Number 20.205, Highway Research, the Docket Operations in Room W12– Under 49 U.S.C. 31136(e) and Planning and Construction. The regulations 140 on the ground floor of the DOT 31315(b), FMCSA may grant an implementing Executive Order 12372 West Building, 1200 New Jersey Avenue exemption from the FMCSRs for no regarding intergovernmental consultation on SE, Washington, DC 20590, between 9 longer than a 5-year period if it finds

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such exemption would likely achieve a and vehicular traffic than exists on VII. Conclusion level of safety that is equivalent to, or interstate highways. Faster reaction to Based upon its evaluation of the 11 greater than, the level that would be traffic and traffic signals is generally exemption applications, FMCSA achieved absent such exemption. The required because distances between exempts the following drivers from the statute also allows the Agency to renew them are more compact. These vision requirement, § 391.41(b)(10), exemptions at the end of the 5-year conditions tax visual capacity and subject to the requirements cited above: period. FMCSA grants medical driver response just as intensely as Wayne Brannon (NC) exemptions from the FMCSRs for a 2- interstate driving conditions. year period to align with the maximum Raymond K. Brubaker (WA) The applicants in this notice have duration of a driver’s medical Fred L. Eads, Jr. (MO) certification. driven CMVs with their limited vision Joseph L. Gomez III (MD) The Agency’s decision regarding these in careers ranging for 3 to 61 years. In Mack D. Jenkins (NC) exemption applications is based on the past 3 years, one driver was Timothy B. Jones (PA) medical reports about the applicants’ involved in a crash, and no drivers were James J. Kyler (OK) vision, as well as their driving records convicted of moving violations in Robert C. Mock (KS) and experience driving with the vision CMVs. All the applicants achieved a David J. Reed (TX) deficiency. The qualifications, record of safety while driving with their Derrick A. Robinson (AL) experience, and medical condition of vision impairment that demonstrates the David A. Simpson (OH) each applicant were stated and likelihood that they have adapted their In accordance with 49 U.S.C. 31136(e) discussed in detail in the December 19, driving skills to accommodate their and 31315(b), each exemption will be 2019, Federal Register notice (84 FR condition. As the applicants’ ample valid for 2 years from the effective date 69814) and will not be repeated here. driving histories with their vision unless revoked earlier by FMCSA. The FMCSA recognizes that some drivers deficiencies are good predictors of exemption will be revoked if the do not meet the vision requirement but future performance, FMCSA concludes following occurs: (1) The person fails to have adapted their driving to their ability to drive safely can be comply with the terms and conditions accommodate their limitation and projected into the future. of the exemption; (2) the exemption has demonstrated their ability to drive resulted in a lower level of safety than Consequently, FMCSA finds that in safely. The 11 exemption applicants was maintained prior to being granted; each case exempting these applicants listed in this notice are in this category. or (3) continuation of the exemption They are unable to meet the vision from the vision requirement in would not be consistent with the goals requirement in one eye for various § 391.41(b)(10) is likely to achieve a and objectives of 49 U.S.C. 31136(e) and reasons, including amblyopia, complete level of safety equal to that existing 31315(b). without the exemption. loss of vision, degenerative myopia, Issued on: January 31, 2020. glaucoma, optic neuropathy, prosthesis, V. Conditions and Requirements Larry W. Minor, retinal detachment, and retinal scars. In most cases, their eye conditions did not The terms and conditions of the Associate Administrator for Policy. develop recently. Seven of the exemption are provided to the [FR Doc. 2020–02966 Filed 2–12–20; 8:45 am] applicants were either born with their applicants in the exemption document BILLING CODE 4910–EX–P vision impairments or have had them and includes the following: (1) Each since childhood. The four individuals driver must be physically examined DEPARTMENT OF TRANSPORTATION that developed their vision conditions every year (a) by an ophthalmologist or as adults have had them for a range of optometrist who attests that the vision Federal Transit Administration 9 to 31 years. Although each applicant in the better eye continues to meet the has one eye that does not meet the standard in § 391.41(b)(10) and (b) by a Fiscal Years (FY) 2018 Competitive vision requirement in § 391.41(b)(10), certified medical examiner (ME) who Research Funding Opportunity: FTA’s each has at least 20/40 corrected vision attests that the individual is otherwise Public Transportation Innovation in the other eye, and, in a doctor’s physically qualified under § 391.41; (2) Program, (49 U.S.C. 5312) opinion, has sufficient vision to perform each driver must provide a copy of the AGENCY: Federal Transit Administration all the tasks necessary to operate a CMV. ophthalmologist’s or optometrist’s (FTA), DOT. Doctors’ opinions are supported by report to the ME at the time of the the applicants’ possession of a valid annual medical examination; and (3) ACTION: Notice of Funding Opportunity license to operate a CMV. By meeting each driver must provide a copy of the (NOFO) for the Safety Research and State licensing requirements, the annual medical certification to the Demonstration (SRD) Program. applicants demonstrated their ability to employer for retention in the driver’s operate a CMV with their limited vision SUMMARY: The Federal Transit qualification file, or keep a copy in his/ in intrastate commerce, even though Administration (FTA) announces the their vision disqualified them from her driver’s qualification file if he/she is availability of up to $7,300,000 in Fiscal driving in interstate commerce. We self-employed. The driver must also Year (FY) 2018 and FY 2019 Public believe that the applicants’ intrastate have a copy of the exemption when Transportation Innovation funds to driving experience and history provide driving, for presentation to a duly demonstrate and evaluate innovative an adequate basis for predicting their authorized Federal, State, or local technologies, safer designs and/or ability to drive safely in interstate enforcement official. practices to improve rail transit safety. commerce. Intrastate driving, like VI. Preemption FTA is seeking to fund cooperative interstate operations, involves agreements to engage in demonstrations substantial driving on highways on the During the period the exemption is in that will improve the operational safety interstate system and on other roads effect, no State shall enforce any law or of rail transit services in the U.S. FTA built to interstate standards. Moreover, regulation that conflicts with this is particularly interested in proposals to driving in congested urban areas exemption with respect to a person prevent and mitigate suicide and exposes the driver to more pedestrian operating under the exemption. trespassing hazards on rail transit

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systems, and for systems that improve Each section of this notice contains improving the operational safety of rail the operational safety of shared corridor information and instructions relevant to transit systems. fixed guideway systems, including the application process for the SRD To ensure any proposed highway-rail grade crossing safety. Program, and all applicants should read demonstration project addresses known DATES: Complete proposals are due by this notice in its entirety for the safety hazards of rail transit operations, 11:59 p.m. EDT on March 24, 2020. All information required to submit eligible FTA is requiring that project submittal proposals must be submitted and competitive applications. teams partner with at least one rail transit agency. FTA will assess the electronically through the Table of Contents GRANTS.GOV ‘‘APPLY’’ function. strength of these partnerships in its Prospective applicants should initiate A. Program Description evaluation of applications. As B. Federal Award Information the process by registering on envisioned, the SRD Program will C. Eligibility Information provide financial and technical GRANTS.GOV promptly to ensure D. Application and Submission Information completion of the application process assistance for transit agencies to pursue E. Application Review cutting edge technologies and before the submission deadline. F. Federal Award Administration Instructions for applying can be found G. Federal Awarding Agency Contacts innovative approaches, and more at https://www.transit.dot.gov/grants importantly, the opportunity to assess A. Program Description and in the ‘‘FIND’’ module of the effectiveness of these solutions in GRANTS.GOV. Mail, electronic mail FTA’s Public Transportation improving safety of rail transit systems. and fax submissions will not be Innovation program is authorized by FTA is seeking innovative projects to accepted. Federal public transportation law (49 demonstrate market-ready or near U.S.C. 5312). Under this authority, FTA market-ready advanced technologies, FOR FURTHER INFORMATION CONTACT: may make grants, or enter into contracts, designs or practices to improve transit Please send any questions on this notice cooperative agreements, and other rail safety. These demonstrations are to [email protected] or contact agreements for research, development, expected to provide benefits in the form Roy Chen, Safety Research Program demonstration, deployment, and of: • Manager, Office of Research, evaluation projects of national Reduced fatalities and injuries. • Demonstration, and Innovation (TRI), significance to public transportation Improved travel time reliability. • (202) 366–0462. A Telecommunication that the Secretary determines will Cost savings to agencies, businesses Device for the Deaf (TDD) is available improve public transportation. The and traveling public. • for individuals who are deaf or hard of Safety Research and Demonstration Increased confidence and use of hearing at 1–800–877–8339. (SRD) Program which was developed public transit service. SUPPLEMENTARY INFORMATION: An under this authority is a competitive B. Federal Award Information eligible lead applicant under this notice demonstration opportunity under FTA’s must be an existing FTA grant recipient research emphasis area of safety and in 1. Amount Available and eligible project partners and sub- support of the U.S. Department of This notice makes available up to recipients under this program may Transportation’s safety goals. The SRD $7,300,000 under the Public include, but are not limited to, Program provides technical and Transportation Innovation program (49 providers of public transportation; State financial support for transit agencies to U.S.C. 5312(b)), which FTA intends to and local governmental entities; pursue innovative approaches to award in the form of cooperative departments, agencies, and eliminate or mitigate known safety agreements, to support the research, instrumentalities of the Federal hazards in public transportation via development, demonstration, Government, including Federal demonstration of technologies and safer deployment, and evaluation of research laboratories; private or non-profit designs. and technology of national significance organizations; institutions of higher The goals of FTA’s safety research, in to public transportation that the education; and technical and general, are to: Secretary determines will improve community colleges. • Improve public safety by reducing public transportation. FTA may, at its For the purpose of this solicitation, transit-related injuries, fatalities, safety discretion, provide additional funds for rail transit systems are defined as transit events, and enhance system reliability selections made under this modes whose vehicles travel along fixed by testing promising new technologies, announcement or for additional rails forming a track. Rail transit designs and practices. meritorious proposals, if additional systems that will be considered for this • Assess ways to promote better funding becomes available. FTA will funding opportunity as a lead applicant public transit safety cultures through announce final selections on the FTA or part of the team, should be public rail the adoption of voluntary safety website and may also announce transit agencies that fall under the standards and best-practices. selections in the Federal Register. jurisdiction of FTA’s State Safety The primary objectives of the FY 2018 Oversight (SSO) Program. This SRD Program are to assist rail transit 2. Award Size announcement is also available on the agencies to: There is no minimum or maximum FTA website at: https:// • Explore advanced technologies, award amount. Rather, project scale will www.transit.dot.gov/grants. A synopsis designs and/or practices to mitigate and be bounded by each project’s ability to of this funding opportunity will be prevent safety hazards on rail transit complete all proposed planning phase, posted in the FIND module of systems; and development phase and a demonstration GRANTS.GOV at http://www.grants.gov. • Evaluate cost-effectiveness and phase. The SRD Program is intended as The funding Opportunity ID is FTA– practicability of potential solutions. a research demonstration program and 2020–004–TRI–SRD and the Catalog of The FTA has a critical obligation to not meant as a capital procurement Federal Domestic Assistance (CFDA) provide public transportation systems program. FTA intends to fund as many number for FTA’s Public Transportation with the tools and resources needed to meritorious projects as possible under Innovation Program, (49 U.S.C. 5312) is ensure the safe operation of those this announcement. FTA recognizes that 20.530. systems. The SRD Program will focus on the funding available under this

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announcement may be insufficient to marketplace. Please review the six is required. The General Manager, for fund all meritorious projects. FTA may, evaluation criteria outlined in Section E the public transportation service at its discretion, select an application of this NOFO carefully. provider, must sign a letter committing for award for less than the proposed the agency to the project as well as C. Eligibility Information amount. In those cases, applicants must outline its specific roles and be able to demonstrate that the proposed To be selected for the SRD Program, responsibilities in the project. FTA projects are still viable and can be an applicant must be an eligible requires that project submittal teams completed with the amount awarded. applicant and the project must be an partner with at least one rail transit eligible project as defined below. agency. 3. Type of Assistance Instrument Projects funded through this NOFO 1. Eligible Applicants 2. Eligible Projects will be structured as cooperative To be eligible for funding under this Applicants may submit one proposal agreements in which the Federal NOFO, applicants must demonstrate for each project but not one proposal government will have substantial that the proposed project is supported containing multiple projects. Applicants involvement. The Federal role will by a lead applicant in partnership with are allowed to submit multiple include active participation in the one or more strategic partner(s) with a proposals, but the proposals must be project activities by attending review substantial interest and involvement in focused on the topic of rail transit meetings, commenting on technical the project. Eligible lead applicants safety. reports, and maintaining frequent under this notice must be existing FTA The project proposals must include a contact with the local project manager. grant recipients. An application must research/synthesis phase, development FTA reserves the right to re-direct clearly identify the eligible lead phase and a demonstration phase. All project activities and funding for applicant and all project partners on the phases are critical to project selection. projects supported under this NOFO team. Revenue-service, full-scale and their related activities. Eligible project partners and sub- demonstrations are preferred where recipients under this program may practicable. However, in cases where a 4. Project Timelines include, but are not limited to: full-scale demonstration would be Projects funded under the SRD • Public Transportation Systems; impractical, detailed plans for non- Program will be allowed a maximum of • Private for profit and not for profit revenue service or limited 6 months for project planning. The organizations, including technology demonstration will be considered. Basic project must start within six months of system suppliers; research or studies that do not result in project award or FTA reserve the right • Operators of transportation, such as any demonstration of the potential for to redirect the funding to other employee shuttle services or airport commercialization or broad deployment meritorious projects under the program. connector services or university within the scope of the project will not A minimum of six months of transportation systems; be considered for funding. demonstration, data collection and • State or local government entities; For the purpose of this solicitation, evaluation activities are required. The and, rail transit system is defined as transit maximum period of performance • Other organizations that may modes whose vehicles travel along fixed allowed for the work covered by the contribute to the success of the project rails forming a track. Rail transit award should not exceed forty-eight (48) team including consultants, research systems that will be considered for this months from the date of award. consortia or not-for-profit industry funding opportunity, lead applicant or organizations, and institutions of higher part of the team, should be public rail 5. Restrictions on Funding education. transit agencies that falls under the The SRD Program is a research and The lead applicant must have the jurisdiction of FTA’s State Safety development effort and, as such, FTA ability to carry out the proposed Oversight (SSO) Program. FTA hereby Research circular 6100.1E (available at agreement and procurements with team requests applications, to eligible https://www.transit.dot.gov/regulations- members in compliance with its entities, to develop projects for and-guidance/fta-circulars/research- respective State and local laws. FTA demonstration to improve operational technical-assistance-and-training- may determine that any named team safety of rail transit system. Applicants program) rules will apply in member in the proposal is a key party need to provide background administering the program. Only and make any award conditional to the information, including baseline data, proposals from eligible recipients (see participation of that key party. A key regarding the safety hazards they have C) for eligible activities will be party is essential to the project as identified and the type of considered for funding. Funds made approved by FTA and is therefore countermeasures proposed to mitigate available under this program may be eligible for a noncompetitive award by and/or prevent accidents that could used to fund operating expenses and the lead entity to provide the goods or results in injuries and fatalities. preventive maintenance directly services described in the application. A FTA is particularly interested in associated with the demonstration of the key party’s participation on a selected proposals to prevent and mitigate proposed project, but may not be used project cannot be substituted without suicides and trespassing in rail transit to fund such expenses for equipment FTA’s approval. For-profit companies systems. Data pulled from National not explicitly essential to the project. may participate on teams; however, Transit Database (NTD), between 2011 The SRD Program is a research recipients and subrecipients of funding to August 2018, indicate 492 rail demonstration program and not a under this program may not charge a fee fatalities due to suicide, which accounts capital procurement program. FTA seek or profit from the FTA research program for 53% of all rail collisions related proposals that demonstrate innovative funding. fatalities during that period. During the safety technologies or solutions to In instances where a provider(s) of same time, there were 194 fatalities due improve rail transit safety. FTA does not public transportation is a partner and to trespassing (or pedestrians not in a seek to demonstrate existing solutions not the lead applicant, a detailed crossing, walking along the tracks, that are readily available or proven statement regarding the role of the rail crossing the tracks). Fatalities due to technologies accessible in the transit service provider(s) in the project trespassing and suicide accounted for

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73% of all rail collision fatalities cost in cash, or in-kind, and must standards, to the extent possible. If the between 2011 and August 2018. In the document in its application the source submission includes information the same period, there were 505 non-fatal of the local match. Eligible sources of applicant considers to be trade secret or injuries recorded due to attempted local match are detailed in FTA confidential commercial or financial suicide and 254 injuries sustained by Research Circular 6100.1E. (available at information, the applicant should do the trespassing. Attempted suicides and https://www.transit.dot.gov/regulations- following: (1) Note on the front cover trespassing events accounted for a total and-guidance/fta-circular-61001e- that the submission ‘‘Contains of 759 non-fatal injuries, which resulted research-technical-assistance-and- Confidential Business Information in 18% of all rail collision related training-programs). (CBI)’’; (2) mark each affected page injuries. US DOT’s Volpe Center and ‘‘CBI’’; and (3) highlight or otherwise 4. Other Requirements Federal Railroad Administration (FRA) denote the CBI portions. FTA protects has compiled a list of research studies a. Independent Evaluation such information from disclosure to the related to the topic of rail suicide To achieve a comprehensive extent allowed under applicable law. In prevention and trespassing that could be understanding of the impacts and the event that FTA receives a Freedom applicable to rail transit systems as well implications of each proposed SRD of Information Act (FOIA) request for (https://www.volpe.dot.gov/rail-suicide- the information, FTA will follow the prevention). demonstration, projects funded under this announcement will be subject to procedures described in the U.S. DOT FTA is also interested in reviewing FOIA regulations at 49 CFR 7. Only applications related to the operational evaluation by an independent evaluator selected and funded separately by FTA. information that is ultimately safety of shared corridor fixed guideway determined to be confidential under that systems, including highway-rail grade Recipients will be required to coordinate with the independent procedure will be exempt from crossing safety. NTD data from 2008– disclosure under FOIA. Should FTA 2014 indicated that fixed guideway evaluator to assist in developing an evaluation plan; and collecting; storing receive an order from a court of operation on shared corridors has the competent jurisdiction ordering the highest rate of injuries to people waiting and managing data required to fulfill the evaluation plan. release of the information, FTA will for or leaving the vehicles when provide applicant timely notice of such normalized as a rate per 100 million b. SRD Program Evaluation order to allow the applicant the vehicle miles traveled (VMT). For Projects funded under this opportunity to challenge such an order. streetcar rail, the injury rates of FTA will not challenge a court order on occupants of other vehicles—both in announcement will be required to support the efforts of FTA or its behalf of applicant. terms of vehicle revenue miles and Recipients must make available to the passenger miles—far exceeded all other designee to evaluate the project and establish a set of performance metrics, Department copies of all work transit modes. Light rail systems had the developed in performance of a project greatest increase in the number of which will be shared with selected project teams upon award. funded under this announcement, fatalities, from 2008–2014, at 116.7%. including but not limited to software Light rail systems had the largest c. Data Access and Data Sharing and data. Data rights shall be in increase in pedestrian crosswalk Project funded under this accordance with 2 CFR 200.315, fatalities from 2008–2014. Light rail Intangible property. accounted for 82.3% of total injuries announcement will be required to occurring at pedestrian or grade gather and share all relevant and d. Knowledge and Technology Transfer required data with the FTA within crossings from 2008–2014, the highest Project teams may be asked to among all transit modes. The analysis of appropriate and agreed-upon timelines, to support project evaluation. A detailed participate in safety related information NTD data indicated a number of safety exchange meetings, conferences, concerns associated with shared data collection and management plan will be a required deliverable within webinars, or outreach events to share corridor fixed guideway operations for information with the transit industry pedestrians, transit workers, rail transit 120 days after effective date of award. Applicants should budget for the costs and stakeholders on the progress and users and occupants of personal results of their project activities. vehicles. of data storage and sharing as appropriate. Applicants should allocate a portion of FTA would like to receive research their budgets to support such work, proposals addressing different types of In response to the White House Office of Science and Technology Policy which may include travel or safety hazards caused by intrusion presentation at key industry gatherings. incidents into the shared corridor fixed memorandum dated February 22, 2013, entitled Increasing Access to the Results A knowledge transfer component is guideway operations, including expected to be part of the proposal. highway-rail grade crossings safety, and of Federally Funded Scientific Research, evaluate the effectiveness of potential the department is incorporating Public D. Application and Submission mitigation strategies. It should be noted Access Requirements into all funding Information that other sections of this NOFO awards for scientific research. All work conducted under the SRD Program must 1. Address and Form of Application contains additional eligibility Submission information with respect to the SRD follow the Department data policies Program. All applicants should closely outlined in the DOT Public Access Plan Applications must be submitted review all the sections of this NOFO. at: https://ntl.bts.gov/public-access/ electronically through GRANTS.GOV. how-comply. Recipients are required to general information for submitting 3. Cost Sharing or Matching include these obligations in any sub- applications through GRANTS.GOV can The federal share of project costs awards or other related funding be found at www.grants.gov. Mail and under this program is limited to eighty agreements. fax submissions will not be accepted. A percent (80%). Applicants are FTA expects recipients to use complete proposal submission will encouraged to seek a lower Federal publicly available data or data that can consist of at least two forms: (1) The SF contribution. The applicant must be made public and methodologies that 424 Application for Federal Assistance provide the local share of the net project are accepted by industry practice and form (available at GRANTS.GOV) and

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(2) the supplemental form for the Applicants are encouraged to begin prevent the safety hazard(s) identified in ‘‘Safety Research and Demonstration the process of registration on the rail transit system(s). Program’’ (available at GRANTS.GOV GRANTS.GOV website well in advance (c) Details on whether the proposed and https://www.transit.dot.gov/ of the submission deadline. Instructions demonstration is a new effort or a research-innovation/safety-research- on the GRANTS.GOV registration continuation of a prior research and and-demonstration-program.) process are listed in Appendix A. degree of improvement over current The supplemental profile provides Registration is a multi-step process, technologies, designs, and/or practices. guidance and a consistent format for which may take 3 to 5 days, but could (d) Address each evaluation criterion applicants to respond to the criteria take as much as several weeks to separately, demonstrating how the outlined in this NOFO. Once completed, complete before an application can be project responds to each criterion as the supplemental profile must be placed submitted if the applicant needs to described in Section E. in the attachments section of the SF 424 obtain certain identifying numbers (e) Provide a line-item budget for the Mandatory form. Applicants must use external to GRANTS.GOV (for example, total project with enough detail to the supplemental form designated for applying for an Employer Identification indicate the various key components of the Safety Research and Demonstration Number). Registered applicants may be the project. As FTA may elect to fund Program and attach it to their required to update their registration only part of some project proposals, the submission in GRANTS.GOV to before submitting an application. budget should provide for the minimum successfully complete the application Registration in the System for Award amount necessary to fund specific process. Failure to submit the Management (SAM) must be renewed project components of independent information as requested can disqualify annually and persons making utility. If the project can be scaled, the application. submissions on behalf of the Authorized provide a scaling plan describing the An applicant may attach additional Organization Representative (AOR) minimum funding necessary for a supporting information to the SF–424 must be authorized in GRANTS.GOV by feasible project and the impacts of a submission and supplemental form the AOR to make submissions. reduced funding level. submission, including but not limited to Applicants may submit one proposal (f) Provide the Federal amount letters of support, project budgets and for each project but not one proposal requested and document the matching other support documentations. The containing multiple projects. funds, including amount and source of supporting documentation must be Information such as applicant name, the match (may include local or private described and referenced by file name Federal amount requested, local match sector financial participation in the in the appropriate response section of amount, description of areas served, etc. project). Provide support the supplemental form, or it may not be may be requested in varying degrees of documentation, including financial reviewed. detail on both the SF 424 Form and statements, bond-ratings, and Within 24 to 48 hours after submitting Supplemental Form. Applicants must documents supporting the commitment an electronic application, the applicant fill in all fields unless stated otherwise of non-federal funding to the project, or should receive 3 email messages from on the forms. Applicants should use a timeframe upon which those GRANTS.GOV: (1) Confirmation of both the ‘‘CHECK PACKAGE FOR commitments would be made. successful transmission to ERRORS’’ and the ‘‘VALIDATE FORM’’ (g) A project time-line outlining steps GRANTS.GOV; (2) confirmation of buttons to check all required fields on from project implementation through successful validation by GRANTS.GOV; both forms, and ensure that the federal completion, including significant and (3) confirmation of successful and local amounts specified are milestones and the roles of the validation by FTA. If confirmations of consistent. The information described in responsible team members. successful validation are not received Sections ‘‘E’’ through ‘‘H’’ below MUST (h) The proposed location(s) of the and a notice of failed validation or be included and/or addressed on the SF research and demonstration, the type of incomplete materials is received, the 424 Form and other supplemental forms rail modes, the type of rail vehicle, the applicant must address the reason for for all requests for the ‘‘Safety Research number of rail vehicles involved in the the failed validation, as described in the and Demonstration Program’’ funding. demonstration. email notice, and resubmit before the (i) A description of any exceptions or submission deadline. If making a 2. Application Content waivers to FTA requirements or policies resubmission for any reason, include all At a minimum, every proposal must necessary to successfully implement the original attachments regardless of which include an SF–424 form, with the proposed project. FTA is not inclined to attachments were updated and check Applicant and a Proposal Profile grant deviations from its requirements, the box on the supplemental form supplemental form attached. The but may consider deviations if the indicating this is a resubmission. Applicant and Proposal Profile applicant can show a compelling Complete instructions on the supplemental form for the SRD Program benefit. Examples: Buy America application process can be found at can be found at https:// requirement, Deferred Local Share, https://www.transit.dot.gov/grants. FTA www.transit.dot.gov/research- Letter of No prejudice, etc. strongly encourages applicants to innovation/safety-research-and- (j) Potential issues (technical or other) submit their applications at least 72 demonstration-program. that may influence the success of the hours prior to the due date to allow time All applicants are required to provide project. to receive the validation messages and detailed information on the Applicant (k) Address whether other Federal to correct any problems that may have and Proposal Profile supplemental form, funds have been sought for the project. caused a rejection notification. FTA will including: (l) Provide Congressional district not accept submissions after the stated (a) State the project title, the overall information for the project’s place of submission deadline for any reason. goals of the project, and describe the performance. GRANTS.GOV scheduled maintenance project scope, including anticipated (m) Consistent with the Department’s and outage times are announced on deliverables. R.O.U.T.E.S. Initiative (https:// GRANTS.GOV. Deadlines will not be (b) Discuss the current state of www.transportation.gov/rural), the extended due to scheduled maintenance practice, challenges and how the Department encourages applicants to or outages. proposed project will mitigate and/or describe how activities proposed in

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their application would address the E. Application Review (ii) Availability of resources to carry unique challenges facing rural out the project: Physical facilities, 1. Evaluation Criteria transportation networks, regardless of technical, human and financial. the geographic location of those Projects will be evaluated by FTA per (iii) Demonstrated capacity and activities. the following six evaluation criteria experience of the partners to carry out described in this section. Each applicant the demonstration project of similar size 3. Unique Entity Identifier and System is encouraged to demonstrate the and/or scope. for Award Management (SAM) responsiveness of a project to all the (e) Commercialization and/or Each applicant must: (i) Be registered criteria shown below with the most Knowledge Transfer in SAM before submitting its relevant information that the proposer application; (ii) provide a valid unique can provide. (i) Demonstrates a realistic plan for entity identifier in its application; and The FTA will assess the extent to moving the results of the project into the (iii) continue to maintain an active SAM which a proposal addresses the transit marketplace (patents, registration with current information at following criteria: conferences, articles in trade magazines, all times during which it has an active webinar, site visits, etc.). Federal award or an application or plan (a) Project Innovation and Impact (ii) How the project team plans to under consideration by a Federal (i) Anticipated effectiveness of the work with the industry on improving awarding agency. FTA may not make a project in achieving and demonstrating best practices, guidance and/or Federal award to an applicant until the the specific objectives of the FY 2018 standards, if applicable. applicant has complied with all SRD Program. (iii) demonstrate a clear applicable unique entity identifier and (ii) Anticipated demonstration of understanding and robust approach to SAM requirements and, if an applicant benefits in addressing the specific needs data collection, access and management. has not fully complied with the of the rail transit agencies and industry. (f) Return on Investment requirements by the time FTA is ready (iii) Anticipated degree of to make an award FTA may determine (i) Cost-effectiveness of the proposed improvement over current and existing project. that the applicant is not qualified to technologies, designs, and/or practices. receive a Federal award and use that (ii) Anticipated measurable safety determination as a basis for making a (b) Project Approach improvements and potential impact on industry guidance and/or standards. Federal award to another applicant. (i) Quality of the project approach STEP 1: Obtain DUNS Number: Go to Safety performance data could include such as existing partnerships, conventional data regarding safety Dun & Bradstreet at http:// collaboration strategies and level of fedgov.dnb.com/webform to obtain the incidents, operational data, exposure commitment of the project partners. measures, and innovative measures of number. (ii) Proposal is realistic in its STEP 2: Register with SAM: The safety-relevant appropriate to the project approach to fulfill the milestones/ that might indicate an improvement on registration process can take as little as deliverables, schedule and goals. three to five business days or up to two safety performance. (iii) Proposal clearly establishes a weeks if registering for the first time. (iii) Other anticipated benefits, such research phase, a development phase STEP 3: Username & Password: as making public transportation service and a demonstration phase. Complete your AOR profile on more appealing to potential passengers Grants.gov and create a username and (c) National Applicability (increase reliability, reduction of wait password. time, etc.), providing educational (i) Degree to which the project could STEP 4: AOR Authorization: Confirm opportunities, or reducing negative be replicated by other rail transit the AOR. Please note that organizations externalities such as traffic congestion agencies regionally or nationally. can have more than one AOR. In some and others. Consistent with the Department’s cases the E-Biz POC is also the AOR for R.O.U.T.E.S. Initiative (https:// 2. Review and Selection Process an organization. STEP 5: TRACK AOR STATUS: Login www.transportation.gov/rural), the A technical evaluation panel as an Applicant (enter your username & Department recognizes that rural comprising FTA, and possibly other password you obtained in Step 3) to transportation networks face unique Departmental or Federal agency staff track the AOR status. challenges. To the extent that those will review project proposals against the challenges are reflected in the merit evaluation criteria listed above. The 4. Submission Dates and Times criteria listed in this section, the technical evaluation panel may seek Project proposals must be submitted Department will consider how the clarification from any applicant about electronically through GRANTS.GOV by activities proposed in the application any statement in the proposal. FTA may 11:59 p.m. EDT on March 24, 2020. Late will address those challenges, regardless also request additional documentation applications will not be accepted. of the geographic location of those or information to be considered during activities. the evaluation process. After the 5. Funding Restrictions (ii) Ability to evaluate technologies, evaluation of all eligible proposals, the Funds under this NOFO cannot be designs and/or practices in a wide technical evaluation panel will provide used to reimburse projects for otherwise variety of conditions and locales. project recommendations to the FTA eligible expenses incurred prior to FTA (iii) Degree to which the technology, Administrator. award of a Cooperative Agreement designs and/or practices can be The FTA Administrator will unless FTA has issued a ‘‘Letter of No replicated by other rail modes and/or determine the final list of project Prejudice’’ for the project before the transportation modes. selections, and the amount of funding expenses are incurred. for each project. Geographic diversity, (d) Team Resources and Capacity The SRD Program is a research and diversity of project type, and the development effort and as such FTA (i) The level of local match (minimum applicant’s receipt of other Federal Circular 6100.1E rules will apply in of 20%) and the quality of cost share funding may be considered in FTA’s administering the program. (in-kind or cash). award decisions. FTA may prioritize

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projects proposed with a higher local Apportionment Notice published on Applicants should read the policy share. July 3, 2019. https:// guidance carefully to determine the www.federalregister.gov/documents/ applicable domestic content 3. FAPIIS Review 2019/07/03/2019-14248/fta-fiscal-year- requirement for their project. Any FTA, prior to making an award, is 2019-apportionments-allocation-and- proposal that will require a waiver must required to review and consider any program-information. identify in the application the items for information about the applicant that is which a waiver will be sought. in the designated integrity and b. Grant Requirements Applicants should not proceed with the performance system accessible through Successful proposals will be awarded expectation that waivers will be granted, SAM (currently FAPIIS) (see 41 U.S.C. through FTA’s Transit Award nor should applicants assume that 2313). An applicant, at its option, may Management System (TrAMS) as selection of a project under the Low-No review information in the designated Cooperative Agreements. Program that includes a partnership integrity and performance systems c. Planning with a manufacturer, vendor, accessible through SAM and comment consultant, or other third party on any information about itself that a The FTA encourages applicants to constitutes a waiver of the Buy America Federal awarding agency previously engage the appropriate State requirements applicable at the time the entered and is currently in the Departments of Transportation, Regional project is undertaken. Consistent with designated integrity and performance Transportation Planning Organizations, Executive Order 13858 Strengthening system accessible through SAM. or Metropolitan Planning Organizations Buy-American Preferences for FTA will consider any comments by in areas likely to be served by the Infrastructure Projects, signed by the applicant, in addition to the other project funds made available under this President Trump on January 31, 2019, information in the designated integrity programs. applicants should maximize the use of and performance system, in making a d. Standard Assurances goods, products, and materials judgment about the applicant’s integrity, produced in the United States, in The applicant assures that it will business ethics, and record of Federal procurements and through the comply with all applicable Federal performance under Federal awards terms and conditions of Federal statutes, regulations, executive orders, when completing the review of risk financial assistance awards. Additional FTA circulars, and other Federal posed by applicants as described in information on Buy America administrative requirements in carrying § 200.205 Federal awarding agency requirements can be found at https:// out any project supported by the FTA review of risk posed by applicants. www.transit.dot.gov/buyamerica. grant. The applicant acknowledges that F. Federal Award Administration it is under a continuing obligation to 3. Reporting The FTA intends to fund multiple comply with the terms and conditions Post-award reporting requirements meritorious projects to support of the grant agreement issued for its include submission of Federal Financial executing eligible project activities. To project with FTA. The applicant Reports and Milestone Reports in FTA’s enhance the value of the portfolio of understands that Federal laws, electronic grants management system research and demonstration projects to regulations, policies, and administrative reports on a quarterly basis for all be implemented, FTA reserves the right practices might be modified from time projects. A final report is required upon to request an adjustment of the project to time and may affect the the completion of the project as well. scope and budget of any proposal implementation of the project. The selected for funding. Such adjustments applicant agrees that the most recent G. Federal Awarding Agency Contacts shall not constitute a material alteration Federal requirements will apply to the For further information concerning of any aspect of the proposal that project, unless FTA issues a written this notice, please contact the FTA SRD influenced the proposal evaluation or determination otherwise. The applicant Program manager Roy Chen at decision to fund the project. must submit the Certifications and [email protected] or 202–366– 1. Federal Award Notice Assurances before receiving a grant if it 0462. A TDD is available for individuals does not have current certifications on who are deaf or hard of hearing at 1– Subsequent to announcement by the file. 800–877–8339. Federal Transit Administration of the final project selections posted on the e. Buy America Issued in Washington, DC. FTA website, FTA may publish a list of FTA requires that all capital K. Jane Williams, the selected projects, including Federal procurements meet FTA’s Buy America Acting Administrator. dollar amounts and recipients. requirements per 49. U.S.C. 5323(j), [FR Doc. 2020–02844 Filed 2–12–20; 8:45 am] 2. Administrative and National Policy which require all iron, steel, or BILLING CODE P Requirements manufactured products be produced in the United States. Federal public a. Pre-Award Authority transportation law provides for a phased DEPARTMENT OF TRANSPORTATION The FTA will issue specific guidance increase in the domestic content for Federal Transit Administration to recipients regarding pre-award rolling stock. For FY 2020 and beyond, authority at the time of selection. The the cost of components and [FTA Docket No. FTA 2019–0027] FTA does not provide pre-award subcomponents produced in the United authority for competitive funds until States must be more than 70 percent of Agency Information Collection Activity projects are selected and even then, the cost of all components. There is no Under OMB Review there are Federal requirements that must change to the requirement that final AGENCY: Federal Transit Administration, be met before costs are incurred. assembly of rolling stock must occur in DOT. Preparation of proposals is not an the United States. FTA issued guidance ACTION: Notice of request for comments. eligible pre-award expense. For more on the implementation of the phased information about FTA’s policy on pre- increase in domestic content on SUMMARY: In compliance with the award authority, please see the September 1, 2016 (81 FR 60278). Paperwork Reduction Act of 1995, this

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notice announces that the Information Before OMB decides whether to available to assist states and designated Collection Requirements (ICRs) approve these proposed collections of recipients to reduce barriers to abstracted below have been forwarded information, it must provide 30 days for transportation services and expand the to the Office of Management and Budget public comment. 44 U.S.C. 3507(b); 5 transportation mobility options (OMB) for review and comment. The CFR 1320.12(d). Federal law requires available to people with disabilities ICR describe the nature of the OMB to approve or disapprove beyond the requirements of the information collection and their paperwork packages between 30 and 60 Americans with Disabilities Act (ADA) expected burdens. days after the 30-day notice is of 1990. The New Freedom program was DATES: Comments must be submitted on published. 44 U.S.C. 3507 (b)–(c); 5 CFR repealed in 2012 with the enactment of or before March 16, 2020. 1320.12(d); see also 60 FR 44978, 44983, the Moving Ahead for Progress in the ADDRESSES: All written comments must Aug. 29, 1995. OMB believes that the 21st Century Act (MAP–21). However, refer to the docket number that appears 30-day notice informs the regulated funds previously authorized for at the top of this document and be community to file relevant comments programs repealed by MAP–21 remain submitted to the Office of Information and affords the agency adequate time to available for their originally authorized and Regulatory Affairs, Office of digest public comments before it purposes until the period of availability Management and Budget, 725—17th renders a decision. 60 FR 44983, Aug. expires, the funds are fully expended, Street NW, Washington, DC 20503, 29, 1995. Therefore, respondents should the funds are rescinded by Congress, or Attention: FTA Desk Officer. submit their respective comments to the funds are otherwise reallocated. To Alternatively, comments may be sent OMB within 30 days of publication to meet program oversight responsibilities, via email to the Office of Information best ensure having their full effect. 5 FTA must continue to collect and Regulatory Affairs (OIRA), Office of CFR 1320.12(c); see also 60 FR 44983, information until the period of Management and Budget, at the Aug. 29, 1995. availability expires, the funds are fully following address: oira_submissions@ The summaries below describe the expended, the funds are rescinded by omb.eop.gov. nature of the information collection Congress, or the funds are otherwise requirements (ICRs) and the expected reallocated. Grant recipients are FOR FURTHER INFORMATION CONTACT: Tia burden. The requirements are being required to make information available Swain, Office of Administration, submitted for clearance by OMB as to the public and to publish a program Management Planning Division, 1200 required by the PRA. of projects which identifies the sub- New Jersey Avenue SE, Mail Stop TAD– Comments are Invited On: Whether recipients and projects for which the 10, Washington, DC 20590, (202) 366– the proposed collection of information State or designated recipient is applying 0354 or [email protected]. is necessary for the proper performance for financial assistance. FTA uses the SUPPLEMENTARY INFORMATION: The of the functions of the Department, information to monitor the grantees’ Paperwork Reduction Act of 1995 including whether the information will progress in implementing and (PRA), Public Law 104–13, Section 2, have practical utility; the accuracy of completing project activities. FTA 109 Stat. 163 (1995) (codified as revised the Department’s estimate of the burden collects performance information at 44 U.S.C. 3501–3520), and its of the proposed information collection; annually from designated recipients in implementing regulations, 5 CFR part ways to enhance the quality, utility, and rural areas, small urbanized areas, other 1320, require Federal agencies to issue clarity of the information to be direct recipients for small urbanized two notices seeking public comment on collected; and ways to minimize the areas, and designated recipients in information collection activities before burden of the collection of information urbanized areas of 200,000 persons or OMB may approve paperwork packages. on respondents, including the use of greater. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, automated collection techniques or Respondents: State and local 1320.8(d)(1), 1320.12. On November 25, other forms of information technology. government, private non-profit 2019, FTA published a 60-day notice A comment to OMB is best assured of organizations and public transportation (84 FR 64955) in the Federal Register having its full effect if OMB receives it authorities. soliciting comments on the ICR that the within 30 days of publication of this Estimated Annual Number of agency was seeking OMB approval. FTA notice in the Federal Register. Respondents: 106. received no comments from that Title: 49 U.S.C. 5317 New Freedom Estimated Total Annual Burden: publication. Accordingly, DOT Program. 4,240. announces that these information OMB Control Number: 2132–0565. Frequency: Annually. collection activities have been re- Type of Request: Renewal of a evaluated and certified under 5 CFR previously approved information Nadine Pembleton, 1320.5(a) and forwarded to OMB for collection. Director, Office of Management Planning. review and approval pursuant to 5 CFR Abstract: The purpose of the New [FR Doc. 2020–02851 Filed 2–12–20; 8:45 am] 1320.12(c). Freedom program was to make grants BILLING CODE P

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Part II

Department of the Treasury

Internal Revenue Service 26 CFR Part 31 Income Tax Withholding From Wages; Proposed Rule

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DEPARTMENT OF THE TREASURY General Statutory and Regulatory Framework Certificate,’’ and related wage TCJA Changes withholding tables and computational Internal Revenue Service Guidance Addressing TCJA procedures established by the IRS and 2019 Form W–4 and 2019 Publication 15 reflected in Publication 15–T, ‘‘Federal 26 CFR Part 31 2020 Form W–4, Employee’s Withholding Certificate Income Tax Withholding Methods.’’ [REG–132741–17] 2020 Form W–4P, Withholding Certificate for General Statutory and Regulatory Pension or Annuity Payments Framework RIN 1545–B032 Explanation of Provisions and Summary of Comments Section 3402(a)(1) provides that, Income Tax Withholding From Wages 1. Number of Withholding Exemptions except as otherwise provided in section Claimed 3402, every employer making a payment AGENCY: Internal Revenue Service (IRS), 2. Definitions and Interchangeable Terms of wages shall deduct and withhold Treasury. 3. Percentage Method of Withholding from such wages a tax determined in ACTION: Notice of proposed rulemaking. 4. Wage Bracket Method of Withholding accordance with tables or computational 5. Determination and Disclosure of Filing procedures prescribed by the Secretary SUMMARY: This document sets forth Status of the Treasury. Section 3402(a)(1) 6. Withholding Allowance proposed regulations that provide further provides that any tables or guidance for employers concerning the 7. Additional Withholding Allowance a. Estimated Tax Deductions procedures prescribed under section amount of Federal income tax to 3402(a)(1) shall be in such form, and withhold from employee’s wages, b. Estimated Tax Credits c. Estimated Tax Payments provide for such amounts to be implementing recent changes in the d. Definitions and Special Rules deducted and withheld, as the Secretary Internal Revenue Code made by the Tax 8. Furnishing of Withholding Allowance determines to be most appropriate to Cuts and Jobs Act (TCJA), and reflecting Certificates carry out the purposes of chapter 1 the redesigned 2020 Form W–4 and a. Commencement of Employment (imposition of individual income tax). related IRS publications. These b. Change of Status Section 3402 sets forth certain methods proposed regulations affect employers c. Special Rules Relating To Withholding of withholding but also gives the that pay wages subject to Federal Allowance Certificates d. Submission of Certain Withholding Secretary broad regulatory authority in income tax withholding and employees providing for tables or computational who receive wages subject to Federal Allowance Certificates e. Notice of Maximum Withholding procedures for income tax withholding. income tax withholding. Allowance Permitted How an employer applies the DATES: Written (including electronic) 9. When a Withholding Allowance Certificate withholding tables or computational comments and requests for a public Takes Effect procedures generally depends on the hearing must be received by April 13, 10. Period During Which Withholding withholding allowance certificate the 2020. Exemption Certificates Remain in Effect employee furnishes the employer. 11. Effective Period of a Withholding ADDRESSES: Submit electronic Under section 3402(f)(5), withholding Allowance Certificate allowance certificates must be in such submissions via the Federal 12. Form and Contents of Withholding eRulemaking Portal at Allowance Certificates form and include such information as www.regulations.gov (indicate IRS and 13. Withholding Exemptions for Nonresident the Secretary may by regulations REG–132741–17) by following the Alien Individuals prescribe. Section 31.3402(f)(5)–1 of the online instructions for submitting 14. Supplemental Wage Payments current Employment Tax Regulations comments. Once submitted to the 15. Alternative Withholding Methods (hereinafter, ‘‘current regulations’’) 16. Additional Withholding Federal eRulemaking Portal, comments provides that the withholding allowance 17. Increases in Withholding certificate is the Form W–4. An cannot be edited or withdrawn. The 18. Exemption From Withholding Department of the Treasury (Treasury employee who receives wages subject to Proposed Applicability Date withholding under section 3402 is Department) and the Internal Revenue Paperwork Reduction Act Service (IRS) will publish for public Special Analyses required to furnish his or her employer availability any comment received to Statement of Availability of IRS Documents a Form W–4 on commencement of their public docket, whether submitted Comments and Public Hearing employment or, generally, within 10 electronically or in hard copy. Send Drafting Information days after the employee experiences a hard copy submissions to: List of Subjects in 26 CFR Part 31 ‘‘change of status’’ that reduces the Proposed Amendments to the Regulations CC:PA:LPD:PR (REG–132741–17), Room ‘‘withholding allowance’’ to which the 5203, Internal Revenue Service, P.O. Background employee is entitled. See section Box 7604, Ben Franklin Station, 3402(f)(2). This document sets forth proposed An employee completes Form W–4 Washington, DC 20044. amendments to the Employment Tax based on the employee’s personal tax FOR FURTHER INFORMATION CONTACT: Regulations (26 CFR part 31) under situation by applying the factors listed Concerning the proposed regulations, sections 3401 and 3402 of the Internal in section 3402(f)(1), which, for 2019 Mikhail Zhidkov of the Office of Revenue Code (Code). Generally, these and earlier years, were incorporated into Associate Chief Counsel (Employee proposed regulations update the the worksheets to the Form W–4. One of Benefits, Exempt Organizations, and regulations under sections 3401 and those factors reflects personal Employment Taxes), (202) 317–4774; 3402 to conform to the changes to exemptions. See Section 3402(f)(1)(A).1 concerning submission of comments or sections 3401 and 3402 made by the Tax Also, under section 3402(f)(1)(D), an requests for a hearing, please contact Cuts and Jobs Act, Public Law 115–97, employee may take into account Regina Johnson at (202) 317–6901 (not 131 Stat. 2054 (2017) (TCJA) and other additional amounts under section toll-free numbers). legislation enacted since the regulations 3402(m), which allows employees to SUPPLEMENTARY INFORMATION: were last revised. In addition, these take into account items such as itemized proposed regulations are designed to Table of Contents accommodate the redesigned 2020 Form 1 Section 151(d)(5) suspends the deduction for Background W–4, ‘‘Employee’s Withholding personal exemptions for calendar years 2018–2025.

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deductions in the manner provided reduced the personal exemption amount TCJA also made conforming changes under regulations prescribed by the to zero for the years 2018–2025. See to the ‘‘change of status’’ rules in section Secretary. TCJA section 11041(a). TCJA also 3402(f)(2), changing ‘‘withholding Generally, for 2019 and earlier, an increased the standard deduction under exemptions’’ to ‘‘withholding employee could make three entries on section 63, increased the child tax credit allowance,’’ struck out ‘‘exemption,’’ Form W–4 that could affect the amount under section 24, and created a new and inserted ‘‘allowance’’ in various of income tax withheld from the credit under section 24 for other subsections of section 3402. This employee’s wages: The employee’s dependents. See TCJA sections 11021 resulted in a conforming change to the marital status, a number of withholding and 11022. statutory name of the withholding allowances based on the factors in TCJA permanently modified the wage exemption certificate in section section 3402(f)(1), and any additional withholding rules in section 3402(a)(2) 3402(f)(5) to the withholding allowance amount, not otherwise required, that the and, replaced ‘‘withholding certificate. See TCJA sections employee requested to be withheld from exemptions’’ with a ‘‘withholding 11041(c)(2)(B) and (C). the employee’s wages. See sections allowance, prorated to the payroll TCJA amended section 3402(m) by 3402(l) (marital status), 3402(f)(1) period.’’ See TCJA section 11041(c)(1). changing the reference from (withholding allowance), and 3402(i) TCJA also repealed section 3401(e), ‘‘withholding allowances’’ to (increases in amount of withholding not which, prior to TCJA, provided, for ‘‘withholding allowance.’’ See TCJA otherwise required under section purposes of chapter 24 (relating to sections 11041(c)(2)(D) and (E). TCJA 3402).2 collection of income tax at source on added the section 199A deduction to the Once an employee completes a valid wages), that the ‘‘number of withholding list of deductions in section 3402(m)(1) Form W–4, the employee must furnish exemptions claimed’’ meant the number that an employee may take into account the Form W–4 to the employer. The of withholding exemptions claimed in a in determining the additional employer puts the Form W–4 into effect withholding exemption certificate in withholding allowance that the in accordance with the timing rules in effect under section 3402(f) or in effect employee is entitled to claim on Form section 3402(f)(3). Under § 31.3401(e)– under the corresponding section of prior W–4, and struck the reference to section 1(b) of the current regulations, the law, except that if no such certificate 62(a)(10) in section 3402(m)(1) with employer is not required to ascertain was in effect, the number of respect to certain payments made under whether the number of allowances an withholding exemptions claimed was divorce or separation instruments previously described in section employee claims is greater than the considered zero. See TCJA section 62(a)(10). See TCJA sections 11011(b)(4) number of withholding allowances to 11041(c)(2)(A). and 11051(b)(2)(B). Under section which the employee is entitled.3 Once TCJA modified section 3402(f), and in effect, the employer generally applies 11051(c) of TCJA, there are special defined a ‘‘withholding allowance,’’ effective date provisions with respect to the entries on an employee’s Form W– which is determined based on the 4 to compute the amount of income tax this change, which are discussed in factors listed in section 3402(f)(1). See more detail in section 7(a) of the to withhold from the employee’s regular TCJA section 11041(c)(2)(B). TCJA wages under either the percentage Explanation of Provisions. further changed the list of factors on TCJA changed the rules under section method of withholding or the wage which the withholding allowance is 3405(a)(4) for withholding from periodic bracket method of withholding. See based and added that the withholding payments under section 3405(a) when section 3402(b) and (c).4 allowance is determined based on rules no withholding allowance certificate TCJA Changes determined by the Secretary. See TCJA has been furnished, changing the section 11041(c)(2)(B). This change to requirement that the default rate of Prior to TCJA, one withholding section 3402(f)(1) revised section exemption was equal to the amount of withholding be determined ‘‘by treating 3402(f)(1)(C), entitling an employee to the payee as a married individual one personal exemption provided in take into account the number of section 151(b), prorated to the payroll claiming 3 withholding exemptions’’ to individuals for which the employee a requirement that the default rate of period. See section 3402(a)(2) (2017). expects to take an income tax credit TCJA enacted section 151(d)(5), which withholding be determined ‘‘under rules under section 24 instead of the number prescribed by the Secretary.’’ TCJA also of individuals with respect to whom the 2 As discussed later in this preamble, an made conforming changes to the rules employee may also claim exemption from employee reasonably expects to claim a under section 3405(a) for withholding withholding under section 3402(n) on a valid Form deduction under section 151. Section from periodic payments of pensions, W–4. Other special rules could also apply to affect 3402(f)(1)(D) also changed an annuities, and certain other deferred the amount of tax withheld, such as for nonresident employee’s entitlement to take into aliens or lock-in letters, discussed later in this income, changing ‘‘exemption’’ to preamble. account the standard deduction from an ‘‘allowance’’ in section 3405(a)(3) and 3 Under § 31.3402(f)(2)–1(e) of the current amount generally equal to one (4). regulations, an employer must disregard an withholding exemption to the standard The legislative history of TCJA states ‘‘invalid’’ Form W–4 for purposes of computing deduction allowable to such employee that ‘‘the Secretary of the Treasury is to withholding. An invalid Form W–4 is one that (one-half of the standard deduction in includes any alteration or unauthorized addition or develop rules to determine the amount that the employee clearly indicates to be false. the case of an employee who is married of tax required to be withheld by 4 Special rules apply to ‘‘supplemental wages’’ and whose spouse is an employee employers from a taxpayer’s wages.’’ under § 31.3402(g)–1 of the current regulations. In receiving wages subject to withholding). H.R. Rep. No. 115–466, at 203 (2017). the case of supplemental wages in excess of Finally, TCJA added section $1,000,000, employers must disregard the entries on 3402(f)(1)(F), which provides that the Guidance Addressing TCJA and the employee’s Form W–4 and apply a mandatory Comments Received flat rate of withholding. In the case of supplemental employee’s withholding allowance also wages of less than $1,000,000, employers may takes into account ‘‘whether the TCJA allowed the Secretary of the either disregard the entries on the employee’s Form employee has withholding allowance Treasury to administer section 3402 W–4 and withhold using the optional flat rate or before January 1, 2019 without regard to may use an aggregate procedure, taking into certificates in effect with respect to consideration the entries on the Form W–4 more than one employer.’’ See TCJA the changes described above. See TCJA furnished by the employee. section 11041(c)(2)(B). section 11041(f)(2). Nevertheless, on

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January 11, 2018, the Treasury provided in accordance with individual claiming three withholding Department and the IRS released Notice computational procedures set forth by allowances. 1036, ‘‘Early Release Copies of the 2018 the IRS in Publication 15 (Circular E), 2019 Form W–4 and 2019 Publication Percentage Method Tables for Income ‘‘Employer’s Tax Guide.’’ For 2019, the 15 Tax Withholding,’’ which implemented computational procedures in TCJA’s tax rate changes, standard Publication 15 provided that employees In June 2018, the Treasury deduction, and suspension of the who fail to furnish a Form W–4 were Department and the IRS released for deduction under section 151. The treated as single with zero withholding public comment a draft 2019 Form W– Treasury Department and the IRS allowances. One comment on this issue 4 and draft instructions. Unlike the designed the 2018 withholding tables to was received and is discussed in relatively minor changes made to Form work with the Forms W–4 that Section 8(a) of the Explanation of W–4 in recent years prior to that, the employees had already furnished their Provisions. 2019 draft Form W–4 and instructions employers. On February 28, 2018, the Section 6 of Notice 2018–92 allowed incorporated significant changes Treasury Department and the IRS employees to include the employee’s intended to improve the accuracy of updated Form W–4, ‘‘Employee’s estimated deduction under section 199A income tax withholding and make the Withholding Allowance Certificate,’’ in determining the additional withholding system more transparent incorporating TCJA’s changes in the withholding allowance under section for employees. Many comments were 2018 Form W–4’s worksheets and 3402(m) that the employee is entitled to received on the draft form and updated the online withholding claim on Form W–4. Section 6 of Notice instructions. In response to comments calculator to reflect TCJA changes. 2018–92 requested comments with received from stakeholders, the Notice 2018–14, 2018–7 I.R.B. 353, respect to any additional items Treasury Department and the IRS published February 12, 2018, allowed employees should be able to claim announced on September 20, 2018, that continued use of the 2017 Form W–4 under section 3402(m), but no implementation of the redesigned form would be postponed until 2020, and temporarily in 2018 and included a comments on this issue were received. that the Treasury Department and the relief provision stating that employees Section 7 of Notice 2018–92 allowed IRS would continue working closely who experienced changes in their tax taxpayers to use the online withholding with stakeholders as additional changes circumstances solely attributable to calculator (now called the Tax were made to the form for 2020. In TCJA were not required to furnish a new Withholding Estimator) or Publication Form W–4 to their employers in 2018. addition, Notice 2018–92 announced 505, ‘‘Tax Withholding and Estimated that the 2019 Form W–4 would include Notice 2018–14 also provided that, for Tax,’’ in lieu of the Form W–4 2018, the rules for withholding from minimal changes to the 2018 Form W– worksheets. One comment was received 4 and would continue to apply section periodic payments under section on the online withholding calculator 3405(a) when no withholding allowance 3402 by using the existing withholding and is discussed in section 7(b) of the system under which employees claimed certificate has been furnished would Explanation of Provisions. parallel the rules for prior years and a number of withholding allowances on Section 8 of Notice 2018–92 requested would be based on treating the payee as a valid Form W–4. comments on alternative withholding a married individual claiming three Although the 2019 Form W–4 methods under section 3402(h) and withholding allowances. continued the computation of Notice 2018–92, 2018–51 I.R.B. 1038, announced that the IRS and the withholding principally based on the published December 17, 2018, Treasury Department intend to number of withholding allowances the addressed some of TCJA’s changes to eliminate the combined income tax employee claimed on Form W–4, the section 3402 and provided interim rules withholding and employee Federal amount of each withholding allowance for the 2019 calendar year. Section 3 of Insurance Contributions Act (FICA) tax for 2019, like the years before it, was set Notice 2018–92 addressed TCJA’s use of withholding tables under to what would have been the value of ‘‘withholding allowance’’ (singular) and § 31.3402(h)(4)–1(b). No comments on a personal or dependency exemption in provided that withholding allowances this issue were received. Section 9 of section 151(b) prior to enactment of (plural) were to be used for the Notice 2018–92 reflected a modification TCJA. See Rev. Proc. 2018–57, 2018–49 computational procedures in 2019, of the notification requirements for the I.R.B. 827, sections 2.03 and 3.25. For consistent with Form W–4 for 2019 withholding compliance program. calendar years 2018 through 2025, (discussed in the next section of this Specifically, employers in receipt of a however, the exemption amount is preamble) and prior years. Under notice prescribing a maximum number zero.5 See section 151(d)(5)(A). section 3 of Notice 2018–92, any of withholding allowances an employee Moreover, the high value of each reference to a withholding exemption in may claim (a lock-in letter) were withholding allowance ($4,050 for 2017, the regulations and other guidance instructed not to send a response to the $4,150 for 2018, and $4,200 for 2019) under section 3402 was to be applied as IRS when the employer no longer led to rounding errors that made it if it were a reference to a withholding employs the employee (within the difficult for some employees to have allowance. Section 11 of Notice 2018–92 meaning of § 31.3402(f)(2)–1(g)(2)(iii)). solicited comments generally, but no One commenter thanked the Treasury 5 The 2019 Publication 15 (Circular E), Department and the IRS for the change ‘‘Employer’s Tax Guide,’’ started its income tax comments on this issue were received. withholding tables for single persons at the basic Section 4 of Notice 2018–92 extended to the notice requirements in the lock- standard deduction ($12,200 for 2019) for the relief provided in Notice 2018–14 in letter program. unmarried individuals minus the value of two for changes in tax circumstances solely Section 10 of Notice 2018–92 allowances ($8,400), which is $3,800 (for an annual attributable to TCJA. Section 5 provided that, for 2019, the rules for payroll period, and otherwise be pro-rated to the payroll period). Similarly, the 2019 Publication 15 addressed the repeal of section 3401(e), withholding from periodic payments started its income tax tables for married persons at noted earlier in this preamble, and under section 3405(a) when no the basic standard deduction ($24,400) for married provided that an employee who fails to withholding certificate has been individuals filing joint returns minus the value of furnish a valid Form W–4 will be furnished would parallel the rules for three allowances ($12,600), which is $11,800. Thus, the tables in Publication 15 applied section treated as single but entitled to the prior years and would be based on 151(d)(5)(A). The income tax withholding tables in number of withholding allowances treating the payee as a married the 2018 Publication 15 were similar.

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their withholding equal their tax 4 uses the same underlying information higher Single rate’’ on a Form W–4 from liability for the year. Accuracy was even as the 2019 Form W–4, but replaces 2019 or earlier.) The 2020 Form W–4 more difficult to achieve for employees complex worksheets with more also allows an employee to enter dollar claiming tax credits, as these amounts straightforward questions. After amounts for tax credits, other income, first had to be converted into tax extensive stakeholder feedback, the and deductions the employee expects to deductions and then expressed as a draft 2020 Form W–4 was further claim on his or her income tax return to number of withholding allowances. In revised and re-released on August 8, reflect the permitted allowance under addition to limiting accuracy, the use of 2019. This version was released to allow sections 3402(f)(1)(C) and (f)(1)(D) and withholding allowances to compute automated payroll providers sufficient the increase in the amount of withholding is not intuitive, given that time to update payroll systems, and it withholding under section 3402(i). The wages, deductions, credits, and taxes are was announced no further substantive Tax Withholding Estimator is expected all expressed as dollar amounts, rather changes to the 2020 Form W–4 were to provide instructions on how to than a number of withholding expected. The form has been renamed complete Form W–4 to take into account allowances. Although the 2019 Form from the Employee’s Withholding an employee’s personal tax W–4 and prior Forms W–4 generally Allowance Certificate to the Employee’s circumstances in a manner that helps allow employees to achieve a high Withholding Certificate. The final 2020 protect the employee’s privacy by degree of accuracy if the employee Form W–4 was released on December 4, limiting the entries the employee is requests an additional dollar amount to 2019, and then was rereleased on required to make on the 2020 Form W– be withheld and/or uses the December 31, 2019, to reflect a change 4. The IRS will continue to update the withholding calculator (now called the in the medical expense deduction Tax Withholding Estimator based on Tax Withholding Estimator) or threshold under section 213 for 2020 user feedback and to enhance accuracy, Publication 505 in completing the Form made by the Further Consolidated privacy, and the employee experience. W–4, most employees did not use these Appropriations Act, 2020, Public Law 2020 Publication 15–T, Federal Income options. 116–94, 133 Stat. 2534, 3228 (2019). In addition, employees with multiple The 2020 Form W–4 does not use Tax Withholding Methods withholding allowance certificates in withholding allowances. An employee On June 7, 2019, the IRS released for effect, including married couples filing checks a filing status (single, married public comment a draft of Publication jointly where both spouses receive filing separately, head of household, 15–T, ‘‘Federal Income Tax Withholding wages subject to withholding, had married filing jointly, or qualifying Methods,’’ which provided percentage difficulty achieving accuracy using the widow(er)) on the Form W–4 and, as a method tables, wage bracket Two-Earner/Multiple Jobs Worksheet. result, will generally have the basic withholding tables, and other This worksheet required the employee standard deduction corresponding to computational procedures for employers to estimate wages at the lowest-paying the employee’s anticipated filing status to use to compute withholding for job and the highest-paying job and, if on his or her income tax return taken employees for the 2020 calendar year, applicable, reduce the withholding into account in determining the amount including employees who furnish a allowances with respect to the highest- of tax withheld from the employee’s 2020 Form W–4 to be effective for 2020. paying job. In some cases, an employee pay, in accordance with section After stakeholder feedback, Publication would need to determine an additional 3402(f)(1)(E).6 In addition, the 2020 15–T was revised and rereleased on amount to withhold from each paycheck Form W–4 streamlines the multiple jobs August 13, 2019 and was rereleased on for the highest-paying job by applying procedures and gives employees three November 4, 2019. The income tax two tables in the Two-Earners/Multiple options to account for a working spouse withholding tables reflecting 2020 cost- Jobs Worksheet. Despite the complexity or multiple jobs held concurrently in of-living adjustments were made of this approach, it did not allow accordance with sections 3402(f)(1)(B), available on November 28, 2019, for use employees to have their withholding (E), and (F): (1) Employees may use the with automated payroll systems. equal their tax liability if there were two Tax Withholding Estimator to achieve Publication 15–T was finalized and or more simultaneous jobs in the accurate withholding; (2) employees released on December 24, 2019. household, and accuracy was further may complete the Multiple Jobs Percentage method tables, wage reduced if new Forms W–4 were not Worksheet and enter an additional bracket withholding tables, discussion furnished to all of the employers after amount to withhold from the on alternative withholding methods, the amount of wages from any employer employee’s pay for each pay period; or and Tables for Withholding on changed. Moreover, it is unclear how (3) employees may check the box in Distributions of Indian Gaming Profits many employees actually used the Two- Step 2(c) on the 2020 Form W–4 to to Tribal Members that were formerly Earners/Multiple Jobs Worksheet to request withholding using higher published in Publication 15 (Circular E), compute their withholding allowances, withholding rate tables. (For married ‘‘Employer’s Tax Guide,’’ Publication even when it would have been taxpayers filing jointly with two jobs 15–A, ‘‘Employer’s Supplemental Tax advantageous for employees to do so to held concurrently, the effect of checking Guide,’’ and Publication 51, achieve more accurate withholding. the box in Step 2(c) is similar to ‘‘Agricultural Employer’s Tax Guide,’’ selecting ‘‘Married, but withhold at are now published in Publication 15–T, 2020 Form W–4, Employee’s ‘‘Federal Income Tax Withholding Withholding Certificate 6 For employees who do not check the box in Step Methods.’’ However, in 2020, the IRS To address the limitations of the prior 2(c) to request withholding using higher rate tables, discontinued publishing Formula Form W–4, on May 31, 2019, a draft of part of the basic standard deduction is built into the Tables for Percentage Method percentage method tables in Publication 15–T; the a revised Form W–4 was released for other part of the standard deduction is subtracted Withholding (for Automated Payroll public comment. The revised Form W– from the employee’s wages before the tables are Systems), Wage Bracket Percentage 4 is intended to reduce the combined applied. This approach is to permit the tables to be Method Tables (for Automated Payroll complexity of the form, instructions, used with Forms W–4 furnished in 2019 and prior Systems), and Combined Federal years. Other entries on the 2020 Form W–4 can and worksheets and to increase the affect other additions and subtractions that Income Tax, Employee Social Security transparency and accuracy of the determine the amount of tax withheld from the Tax, and Employee Medicare Tax withholding system. The 2020 Form W– employee’s pay. Withholding Tables.

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In addition, the IRS has discontinued inapplicable for the 2020 Form W–4P. 1. Number of Withholding Exemptions publishing Notice 1036, ‘‘Early Release Notice 2020–3 (which the IRS released Claimed Copies of the Percentage Method Tables on December 18, 2019 in advance of its In accordance with the change made for Income Tax Withholding,’’ effective expected publication in the 2020–3 by section 11041(c)(2)(A) of TCJA and as beginning with calendar year 2020, and edition of the Internal Revenue Bulletin) indicated in section 5 of Notice 2018– instead will post information previously describes withholding rules under 92, the proposed regulations remove included in Notice 1036 in early release section 3405(a) for the 2020 calendar § 31.3401(e)–1. Because section 11041(c) drafts of Publication 15 (www.irs.gov/ year and provides additional of TCJA repealed section 3401(e) and Pub15) and Publication 15–T information regarding the 2020 Form generally changed the references in (www.irs.gov/Pub15T) for use by the W–4P. Publication 15–A includes Chapter 24 from ‘‘withholding public and payroll community. Notice further information regarding the 2020 exemptions’’ to ‘‘withholding 1036 was developed in 1996 before Form W–4P and alerts taxpayers that the allowance,’’ current regulations under advanced release drafts of forms and related withholding tables and section 3401(e) are no longer consistent publications were posted on computational procedures for the 2020 with the Code. (See section 2 of this www.irs.gov/draftforms and various Explanation of Provisions for definitions product web pages. The information Form W–4P are included in Publication and interchangeable terms). However, previously included in Notice 1036 15–T. rules similar to the substantive rules generally will be available on Explanation of Provisions currently under § 31.3401(e)–1 are www.irs.gov more quickly than Notice included in other parts of these 1036 was made available in prior years. These proposed regulations incorporate the changes made by TCJA proposed regulations. Section 5 of this 2020 Form W–4P, Withholding Explanation of Provisions discusses the to sections 3401 and 3402 and provide Certificate for Pension or Annuity withholding allowance to which an flexible and administrable rules for Payments employee is entitled, and section 6(a) of income tax withholding from wages that this Explanation of Provisions discusses Section 3405(a) generally requires the work with both the 2020 Form W–4 and payor of periodic payments from the rules for employees who fail to its related tables and computational furnish Forms W–4. pensions, annuities, or certain other procedures described in Publication 15– deferred income to withhold from such T, and Forms W–4 and related tables 2. Definitions and Interchangeable payments as if such payments were and computational procedures provided Terms wages paid by an employer to an in 2019 and earlier years. Because the employee. Under section 3405(a)(2), an These proposed regulations clarify ultimate goal of income tax withholding individual may elect not to have that, for purposes of chapter 24 of the withholding apply to periodic payments is to achieve withholding from Code and subpart E of part 31 of the from pensions, annuities, or certain employee’s wages that accurately Employment Tax Regulations (relating other deferred income; however, such reflects the provisions of chapter 1 to collection of income tax at source), election is not available with respect to applicable to wages and the period any reference to withholding exemption eligible rollover distributions or certain wages are paid, the Treasury certificates means withholding payments to be made outside of the Department and the IRS have allowance certificates unless otherwise United States or its possessions. See determined that the mechanical details stated. Section 11041 of TCJA changed sections 3405(c)(1) (eligible rollover of income tax withholding should be the statutory title of the withholding distributions) and 3405(e)(13) (certain provided in forms, instructions, exemption certificate to the withholding payments to be made outside the United publications, and other guidance, so allowance certificate. However, under States or its possessions). But see that these materials can be quickly section 3402(f)(4), a withholding proposed § 31.3405(e)–1 (certain updated as needed (for legislative allowance certificate in effect under payments not considered made outside changes or other reasons) to give payroll section 3402(f) generally continues in the United States). processors adequate time to program effect until superseded by another such An individual’s withholding election their systems to withhold the proper certificate that is effective under section (or election not to have withholding amount of income tax from employees’ 3402(f). Thus, the rules proposed in apply, if available), with respect to pay. These proposed regulations are these regulations generally apply to both pensions, annuities, or certain other generally compatible with the income withholding exemption certificates and deferred income, including periodic tax withholding system in effect for withholding allowance certificates. payments under section 3405(a), 2019, as well as the system in effect for These proposed regulations generally generally is made using Form W–4P, 2020, and as discussed in the Proposed refer to the Form W–4 as the Withholding Certificate for Pension or Applicability Date section of this withholding allowance certificate, the Annuity Payments. On December 13, preamble, may be relied upon by statutory term in section 3402(f)(5). 2019, the IRS early released a draft 2020 employers for withholding until final However, proposed § 31.3402(f)(5)–1 Form W–4P. As the early release draft provides that the Form W–4, regulations are published. indicates, the Treasury Department and ‘‘Employee’s Withholding Certificate,’’ the IRS do not plan to redesign the 2020 The changes made by TCJA to section previously called ‘‘Employee’s Form W–4P in the same manner as the 3405(a) (withholding on pensions, Withholding Allowance Certificate,’’ is 2020 W–4. Instead, the 2020 Form W– annuities, and certain other deferred the form prescribed for the withholding 4P will continue to request withholding income) were addressed in Notice 2018– allowance certificate required to be allowances and marital status, rather 14 and Notice 2018–92 for the 2018 and furnished under section 3402(f)(2). than filing status, with respect to 2019 calendar years, respectively. These An employee is not required to periodic payments under section proposed regulations do not address furnish a new Form W–4 solely because 3405(a). Similarly, the Step 2(c) withholding under section 3405(a); of the 2020 Form W–4 redesign, checkbox on the 2020 Form W–4 to instead, Notice 2020–3 describes regardless of when the employee’s Form request withholding using a higher withholding rules under section 3405(a) W–4 currently in effect was furnished. withholding rate table will be for the 2020 calendar year. Similarly, an employer must generally

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continue to compute the amount of tax 4. Wage Bracket Method of Withholding further the goal of accuracy in to be withheld from an employee’s Section 31.3402(c)–1(a) of the current withholding. An employee may select wages based on a valid Form W–4 regulations provides that, for employers head of household filing status only if furnished by the employee regardless of using the wage bracket withholding the employee reasonably expects to be when the employee furnished the Form method, the correct amount of eligible to claim head of household W–4 on which such computation is withholding is determined under the filing status under section 2(b) and based.7 The 2020 Publication 15–T applicable wage bracket withholding § 1.2–2(b) of the Income Tax Regulations provides guidance on how employers table in the Circular E (Employer’s Tax on the employee’s income tax return. On the other hand, although section 1 will withhold income tax, under the Guide) issued for use with respect to the rates applicable to unmarried tables and computational procedures set period in which such wages are paid. These proposed regulations clarify that individuals and married individuals forth therein, using Forms W–4 filing separate returns are different at furnished and in effect on or before employers that use the wage bracket withholding method and computational higher marginal rates, the Treasury December 31, 2019. An employer may Department and the IRS have ask all employees first paid wages procedures based on the entry for the employee’s anticipated filing status or determined that the burden of providing before 2020 to furnish a 2020 Form W– separate withholding tables for married 4, but in connection with the request the marital status and other entries on the employee’s Form W–4 should use the individuals filing separate returns employer should explain that (1) applicable wage bracket method tables outweighs the added accuracy that employees are not required to furnish a and computational procedures in forms, would be provided by having separate new Form W–4, and (2) if the employee instructions, publications, and other filing statuses for these two categories does not furnish a 2020 Form W–4, the guidance prescribed by the IRS issued for the Form W–4 and tables. amount of tax to be withheld from the for use with respect to the period in Consequently, the proposed regulations employee’s wages will continue to be which wages are paid. In 2020, wage provide for three filing statuses: Single, based on the last valid Form W–4 bracket method tables and head of household, and married filing previously furnished. computational procedures are provided jointly. Section 31.3402(l)–1(a) of the current in Publication 15–T. In addition, these 3. Percentage Method of Withholding regulations provides that in computing proposed regulations update the current the tax to be withheld from an regulations for the change in the Form Section 31.3402(b)–1 of the current employee’s wages, the employer must W–4 and its computational procedures regulations provides that the amount of apply the withholding table that relates and provide that employers that use tax to be deducted and withheld under to employees who are single persons wage bracket method withholding tables the percentage method of withholding is unless there is in effect a withholding applicable to a daily or miscellaneous determined under the applicable allowance certificate indicating that the pay period must use the wage bracket percentage method withholding table employee is married. These proposed withholding tables applicable to the included in Circular E (Employer’s Tax regulations generally incorporate the employee’s filing status or marital Guide) according to the instructions principle in § 31.3402(l)–1(a) of the status. therein. These proposed regulations current regulations and provide that the clarify that employers that use the 5. Determination and Disclosure of employee’s entry for the employee’s percentage method of withholding must Filing Status anticipated marital status or filing status compute the amount of tax to be Under section 3402(l)(1), an employer on the Form W–4 determines what table withheld based on the entry for the must treat an employee as single unless employers apply under either the employee’s anticipated filing status or there is in effect a withholding percentage method of withholding or marital status and other entries on the allowance certificate indicating that the wage bracket method of withholding. employee’s Form W–4 using the employee is married. Although section Employers may generally rely on the applicable percentage method tables 3402(l) speaks in terms of single and employee’s entry for filing status on the Form W–4. These proposed regulations and computational procedures in the married persons and provides that an provide, consistent with section applicable forms, instructions, employee will be treated as single 3402(l)(1), that an employee who fails to publications, and other guidance unless the employee furnishes a valid Form W–4 claiming married status, the furnish a valid Form W–4 must be prescribed by the IRS issued for use treated as single. with respect to the period in which Treasury Department and the IRS have determined that this provision does not Under section 3402(l)(2), the wages are paid. In 2020, percentage employee may furnish the employer a method tables and computational preclude adoption of head of household status to compute withholding for withholding allowance certificate procedures are provided in Publication indicating that the employee is married 15–T. certain filers because the ability to claim head of household filing status furthers only if the employee is married the goal of accuracy in withholding and, (determined with the application of the 7 This rule does not apply to a Form W–4 rules in section 3402(l)(3), discussed in claiming exemption from withholding, which, for a thus, reflects the provisions of chapter 1. See section 3402(a)(1)(B). Under more detail below). Section 31.3402(l)– 2019 Form W–4, will expire on February 18, 2020. 1(b)(1) of the current regulations Under proposed § 31.3402(f)(4)–1(b), if a form section 1(j), for calendar years 2018 generally states that an employee’s claiming exemption from withholding expires, and through 2025,8 there is a separate the employee does not furnish a valid Form W–4 marital status determines whether the income tax rate table for taxpayers filing either renewing his or her exemption or claiming employee may select married on the as head of household. Providing for a a withholding allowance, the employer must treat Form W–4. Generally, under the current the employee as single but having the withholding head of household filing status on the regulations, the employee’s anticipated allowance provided in forms, instructions, Form W–4 and providing withholding publications, and other guidance prescribed by the filing status on the employee’s income tables for head of household filing status IRS. Publication 15 for 2020 provides that such an tax return does not determine whether employee should be treated as if the employee had checked the box for single or married filing 8 Sections 1(b) and (i) provide separate rates for an employee may indicate that he or she separately in Step 1(c) and made no entries in Step head of household filers if the rates in section 1(j) is married on the Form W–4. These 2, Step 3, or Step 4 of the 2020 Form W–4. cease to apply. proposed regulations change this rule.

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Specifically, in defining ‘‘married’’ 3402(l)(3)(A)) died during the claims is greater than the allowance to under section 3402(l)(2), the Treasury employee’s taxable year. Similarly, an which the employee is entitled. Department and the IRS have employee may select married filing The proposed regulations define the determined that, in addition to the jointly status if the employee’s spouse withholding allowance, but in employee’s marital status, the amount of died during the previous two taxable accordance with section 3402(a)(1), tax to be withheld should also be years, and the employee reasonably leave the computational details to determined by reference to the expects as of the close of the current forms, instructions, publications, and employee’s anticipated filing status on taxable year to be a surviving spouse as other guidance prescribed by the IRS. In the employee’s income tax return defined in section 2(a) and § 1.2–2(a) of 2020, these computational details will because this furthers accuracy and the Income Tax Regulations and claim be set forth in the Form W–4, reflects the applicable provisions of qualifying widow(er) filing status on the Publication 505, Publication 15–T, and chapter 1. Under section 1(j), for employee’s income tax return. This rule the Tax Withholding Estimator.11 The calendar years 2018–2025,9 different tax is similar to § 31.3402(l)–1(c)(2) of the Treasury Department and the IRS have rates apply to married individuals filing current regulations. determined that this flexible joint returns than married individuals Under section 3402(l)(2) an employee computation of the withholding filing separate returns. Correspondingly, whose marital status changes from allowance is consistent with section married individuals who anticipate married to single must, at such time as 3402(a)(1) because it is the most filing separately should not be allowed the Secretary may by regulations appropriate way to reflect the provisions to select married filing jointly on the prescribe, furnish the employer with a of chapter 1 applicable to wages for a Form W–4 because, otherwise, such new withholding allowance certificate. given calendar year. This approach will individuals would risk being Because of the addition of head of also allow the IRS to make adjustment significantly underwithheld. Therefore, household filing status for withholding as appropriate to reflect any legislative these proposed regulations provide that purposes, these proposed regulations changes to chapter 1 in withholding on an employee may only select married provide that an employee whose employees’ pay or based on statistical filing jointly on the employee’s Form anticipated filing status changes from data. W–4 if the employee (1) reasonably married filing jointly (or qualifying Under these proposed regulations, the expects to file jointly a single return of widow(er)) to head of household or withholding allowance under section income under Subtitle A with his or her single, must, generally, within 10 days 3402(f)(1) is determined by reference to spouse, (2) is lawfully married for of the change furnish his or her seven factors. First, the withholding federal tax purposes within the meaning employer with a new Form W–4. In allowance depends on whether the of § 301.7701–18(b) on the day the Form addition, an employee whose employee is an individual for whom a W–4 is furnished, and (3) is treated as anticipated filing status changes from deduction is allowable under section married within the meaning of section head of household to single, must 151. See section 3402(f)(1)(A). The 3402(l)(3). generally furnish his or her employer regulations repeat the statutory language Furthermore, in accordance with with a new Form W–4 within 10 days with respect to this factor. Second, if the section 3402(l)(3)(A), these proposed of the change. However, the employee employee is married, the withholding regulations incorporate a rule similar to does not have to furnish a new Form W– allowance depends on whether the § 31.3402(l)–1(c) of the current 4 within 10 days of the change of status employee’s spouse is entitled to the regulations and provide that an if the amount of tax the employee section 151 deduction, or would be so employee may not select married filing expects to be withheld is greater than entitled if the spouse were an employee jointly filing status on the Form W–4 if the amount of the employee’s receiving wages, but only if the spouse the employee is legally separated from anticipated income tax liability. does not have in effect a Form W–4 his or her spouse under a decree of Nonetheless, in all cases, an employee claiming an allowance for the section divorce or separate maintenance. These whose anticipated filing status changes 151 deduction. See section 3402(f)(1)(B). proposed regulations also update from married filing jointly (or qualifying The first and second factors, however, § 31.3402(l)–1(c)(1)(ii) of the current widow(er)) to head of household or have no effect on withholding for regulations and provide that an single (including married filing calendar years 2018 through 2025 employee may not select married filing separately) or from head of household to because section 151(d)(5) suspends the jointly status on the Form W–4 if the single (including married filing deduction for personal exemptions for employee or the employee’s spouse is, separately) must furnish a new Form calendar years 2018 through 2025. or on any preceding day within the W–4, to take effect in the following Accordingly, these factors are not taken same calendar was, a nonresident alien calendar year, to his or her employer by into account on the 2020 Form W–4. unless the employee has made or the later of December 1 of the calendar Third, if the employee is married, the reasonably expects to make an election year in which the change occurs, or withholding allowance depends on under section 6013(g) 10 in the time and within 10 days of the change. whether the employee’s spouse is entitled to any additional amount under manner prescribed in § 1.6013–6(a)(4). 6. Withholding Allowance In accordance with section section 3402(m) or would be so entitled 3402(l)(3)(B), these proposed regulations These proposed regulations provide if the employee’s spouse were an provide that an employee may generally that an employee is entitled to a employee receiving wages, but only if select married filing jointly on the Form ‘‘withholding allowance’’ as provided in the spouse does not have in effect a W–4 if the employee’s spouse (other section 3402(f)(1) but only if the withholding allowance certificate than a spouse referred to in section employee furnishes a valid Form W–4 claiming the allowance. See section claiming the withholding allowance. 3402(f)(1)(B). The 2020 Form W–4 takes 9 Sections 1(b) and (i) provide separate rates for This is similar to the rule in married individuals filing joint returns if the rates § 31.3402(f)(1)–1(a) of the current 11 The withholding allowance for nonresident in section 1(j) cease to apply. regulations. In addition, these proposed alien individuals is subject to the rules in proposed 10 Section 6013(g) was added by section 1012 of § 31.3402(f)(6)–1, and, for 2020, nonresident aliens the Tax Reform Act of 1976, Public Law 94–455, 90 regulations provide that the employer is will find further guidance in IRS Notice 1392, Stat. 1612 (1976). Under section 6013(g)(1)(B), this not required to ascertain whether the ‘‘Supplemental Form W–4 Instructions for election applies for purposes of chapter 24. withholding allowance the employee Nonresident Aliens.’’

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this factor into account by instructing Form W–4. Finally, under proposed Seventh, the withholding allowance taxpayers to complete the steps § 31.3402(m)–1, certain employees may depends on whether the employee has corresponding to any additional amount take into account the credit for income withholding allowance certificates in of tax deductions or tax credits on only tax withholding under chapter 24 and effect with respect to more than one one Form W–4 in the household. may take into account estimated tax employer. See section 3402(f)(1)(F). For Fourth, the withholding allowance payments paid provided they take into this factor, these proposed regulations depends on the number of individuals account nonwage income and follow the reference the Form W–4 and other for whom a credit under section 24(a) instructions to the Tax Withholding computational instructions (such as the may reasonably be expected to be Estimator.12 As stated previously in this Tax Withholding Estimator) to allowable for the calendar year. See preamble, the IRS will continue to determine the adjustment resulting from section 3402(f)(1)(C). These proposed update the Tax Withholding Estimator. multiple Forms W–4 the employee, the regulations clarify that this means the The Treasury Department and IRS also employee’s spouse, or both have or credit under section 24(a) that the request comments on whether changes reasonably expect to have in effect with employee reasonably expects to claim should be made to the proposed respect to one or more employers. The on the employee’s income tax return. regulations so that in the future the Tax Treasury Department and the IRS have This includes both the child tax credit Withholding Estimator may enable determined that the Form W–4 and the and the credit for other dependents. The employees to have all required instructions to the form are best able to proposed regulations also clarify that withholding on wages while taking into direct employees how to take this factor the employee may not take into account account expected estimated tax into account in determining their any credit under section 24(a) that is payments on non-wage income to be withholding allowance and completing claimed on another Form W–4. The made later in the year, and, if so, what the Form W–4 due to the variety of fact 2020 Form W–4 takes this factor into safeguards should be added to prevent patterns and the need to adjust this rule account in Step 3 of the form. inappropriate underwithholding on for the future based on statistical data or Fifth, the withholding allowance wages. changes in the law to ensure accurate depends on any additional amounts the Sixth, the withholding allowance withholding on wages under chapter 1. employee elects to take into account depends on the standard deduction The 2020 Form W–4 provides under section 3402(m), but only if the allowable to the employee (one-half of employees three options with respect to employee’s spouse does not have in the standard deduction in the case of an multiple Forms W–4. Employees may effect a withholding allowance employee who is married (as use the Tax Withholding Estimator, may certificate making this election. See determined under section 7703) and enter an amount computed on the section 3402(f)(1)(D). These proposed whose spouse is an employee receiving Multiple Jobs Worksheet, or may select regulations clarify this factor and state wages subject to withholding). See higher withholding rate tables by that the withholding allowance depends section 3402(f)(1)(E). These proposed checking the box in Step 2(c) of the on additional deductions, credits, or regulations define this as the basic form. If the box in Step 2(c) is checked, other items the employee takes into standard deduction (as defined in Publication 15–T instructs employers to account under proposed § 31.3402(m)– section 63(c)(2)) relating to the filing prorate and apply one-half of the 1. Specifically, proposed § 31.3402(m)– status the employee reasonably expects standard deduction and marginal rates 1(e)(3) allows the total deductions, to claim on the employee’s income tax that account for equal wages for credits, or estimated tax payments to be return for the calendar year for which employment held concurrently. Thus, in claimed on only one Form W–4. This is the withholding allowance is claimed. the case of married taxpayers filing similar to the rule in § 31.3402(m)–1(f) (The additional standard deduction for jointly, Publication 15–T applies the of the current regulations. Thus, an the aged and blind is allowed under parenthetical in section 3402(f)(1)(E), employee or the employee’s spouse may § 31.3402(m)–1(c)(5).) The 2020 Form which allows one-half of the standard not claim an amount of a deduction, W–4 takes into account the basic deduction to an employee who is credit, or estimated tax payment in standard deduction allowable to the married and whose spouse is receiving proposed § 31.3402(m)–1 if that same employee under section 3402(f)(1)(E) by wages subject to withholding. amount is claimed on any other Form having an employee check the box for 7. Additional Withholding Allowance W–4 in effect for the employee or the the employee’s anticipated filing status employee’s spouse. in Step 1(c). The basic standard These proposed regulations provide The 2020 Form W–4 takes into deduction for each filing status is rules under which an employee account estimated tax credits for generally applied without further determines the additional withholding dependents allowable under proposed adjustment if the employee completes allowance or additional reductions in § 31.3402(m)–1(b) in Step 3. The only Step 1 (including checking the box withholding the employee is entitled to instructions to the 2020 Form W–4 for a particular filing status) and Step 5 claim on a Form W–4 under section clarify that employees may also claim 3402(m). Under section 3402(m), in other credits such as the education tax (signing under penalties of perjury) on the 2020 Form W–4.13 determining the additional withholding credit or the foreign tax credit in Step allowance or additional reductions in 3 of the 2020 Form W–4. The 2020 Form 12 An employee whose employer must withhold withholding, the employee may take W–4 takes into account estimated tax for that employee pursuant to a notice under into account estimated tax deductions deductions allowable under proposed proposed § 31.3402(f)(2)–1(g)(2) (lock-in letter) may under section 3402(m)(1), estimated tax not take into account any credit for tax withheld on § 31.3402(m)–1(c) in Step 4(b), which credits under section 3402(m)(2), and allows employees to claim deductions wages under section 31(a) or any estimated tax payments. Thus, an employee for whom a lock-in such additional deductions and other such as itemized deductions, student letter is issued may not take into account income items as may be specified by the loan interest deductions, and deductible tax withheld to date or estimated tax payments in Secretary in regulations under section computing the employee’s withholding allowance. Individual Retirement Arrangement 3402(m)(3). This additional withholding (IRA) contributions. Employees who 13 An employee—other than a student from India or business apprentice from India—who identifies wish to claim these and other as a nonresident alien employee by following the wages. For 2020, the Publication 15–T provides deductions should complete the instructions in Notice 1392 will not have the basic special procedures employers must use with respect Deductions Worksheet on page 3 of standard deduction subtracted from the employee’s to such employees.

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allowance and additional reductions in 2017, and modified thereafter, if the withholding under section 3402(m). The withholding are part of the modification expressly provides that the proposed regulations provide for three ‘‘withholding allowance’’ the employee amendments made by section 11051 of exceptions. First, these proposed is entitled to claim as provided in TCJA apply to such modification. regulations provide that employees may section 3402(f)(1)(D). However, because these proposed not take into account any estimated Section 6 of Notice 2018–92 discussed regulations generally allow taxpayers to deduction described in section 62(a)(2) section 3402(m) generally and allowed take into account deductions described if the reimbursement or payment for the taxpayers to include the estimated in section 62 that the employee amount allowable as the deduction is deduction under section 199A in reasonably expects will be allowable on excludible from wages subject to income determining the additional withholding the employee’s income tax return for the tax withholding. For example, an allowance or additional reductions in year such item is claimed, the Treasury employee may not take into account any withholding under section 3402(m). Department and the IRS have expenses described in section Section 6 of Notice 2018–92 requested determined that no special rule is 62(a)(2)(A) that are reimbursed under a comments with respect to the list of necessary with respect to payments reimbursement and expense allowance items set forth in § 31.3402(m)–1(b). No described in section 62(a)(10) for the arrangement since those comments on this issue were received. period prior to the effective date of this reimbursements are excludible from The Treasury Department and the IRS change to section 3402(m)(1). wages under § 31.3401(a)–4(a). The again request comments with respect to Employees who, under section 11051(c) Treasury Department and the IRS have section 3402(m) generally, and, of TCJA, are eligible for the deduction determined that it is inappropriate to specifically, with respect to the aspects described in section 62(a)(10), may allow an employee to claim an of these proposed regulations described generally continue to take this additional withholding allowance or in further detail in the following deduction into account in determining other reductions in withholding with sections. the employee’s withholding allowance respect to items that are otherwise a. Estimated Tax Deductions or other reductions in withholding if the excludible from wages. employee reasonably expects this These proposed regulations Second, these proposed regulations deduction to be allowable on the provide that, in determining the implement section 3402(m)(1) by employee’s income tax return for the employee’s additional withholding continuing the rule that taxpayers may year the Form W–4 is in effect. allowance or other reductions in take into account estimated itemized Section 3402(m)(3) authorizes the deductions (as defined in section 63(d)) Secretary to prescribe regulations that withholding, employees are not allowed allowable under Chapter 1. These allow employees to take into account to take into account estimated trade or proposed regulations combine the rule such additional deductions (including business deductions described in in § 31.3402(m)–1(b)(1) and the additional standard deduction under section 62(a)(1), estimated deductions § 31.3402(m)–1(c)(3) of the current section 63(c)(3) for the aged and blind) for the production of income that are regulations and define itemized in determining the additional attributable to property held for the deductions in proposed § 31.3402(m)– withholding allowance or other production of rent or royalties under 1(b)(1) by cross-referencing to section reductions in withholding. Under this section 62(a)(4), or estimated deductions 63(d). This change updates the cross- authority, these proposed regulations described in section 62(a)(5) unless reference to the definition of itemized allow taxpayers to take into account the these amounts result in an aggregate net deductions to conform to section 102 of estimated additional standard deduction loss on schedules C (Profit or Loss from the Tax Reform Act of 1986, Public Law for the aged and blind provided under Business), E (Supplemental Income and 99–514, 100 Stat. 2085, 2101 (1987) section 63(c)(3) and section 63(f). These Loss), or F (Profit or Loss from Farming) (defining itemized deductions in section proposed regulations also allow of Form 1040. Third, these proposed 63(d)). taxpayers to take into account the regulations provide that employees are These proposed regulations also estimated deduction or deductions not allowed to take into account implement section 3402(m)(1) by allowed for personal exemptions under estimated losses from the sale or allowing employees to take into account section 151. Although, under section exchange of property described in the employee’s estimated deduction 151(d)(5), this deduction has been section 62(a)(3) unless these amounts under section 199A in determining the suspended for the calendar years 2018 result in a net loss on Schedule D additional withholding allowance or through 2025, the Treasury Department (Capital Gains and Losses) of Form 1040 other reductions in withholding under and the IRS have determined that the or on the last line of Part II of Form 4797 section 3402(m) that the employee is limited period of the suspension and the (Sale of Business Property). These entitled to claim on a Form W–4. This specific reference to section 151 in limitations on estimated deductions is consistent with section 6 of Notice section 3402(f)(1)(A) necessitate described in section 62(a)(1), (3), (4), 2018–92. including in these proposed regulations and (5) are consistent with Section 11051(b)(2)(B) of TCJA struck a provision for a deduction for a § 31.3402(m)–1(b)(12) of the current the reference to section 62(a)(10) dependency exemption or dependency regulations, which affirmatively permits (regarding certain payments made under exemptions under section 151 for taking into account the estimated divorce or separation instruments) in changes scheduled to take effect after deductions for these items ‘‘from’’ the section 3402(m)(1) as a permitted December 31, 2025. applicable schedules. In addition, these estimated deduction. Under section The Treasury Department and the IRS proposed regulations continue the rule 11051(c) of TCJA, this change generally have also determined, consistent with in § 31.3402(m)–1(b)(7) of the current applies to any divorce or separation § 31.3402(m)–1(b) of the current regulations and allow employees to take instrument (as defined in section regulations, that employees should be into account a net operating loss 71(b)(2) of the Code as in effect before permitted to take into account estimated carryover under section 172 in December 22, 2017) executed after deductions described in section 62, with determining the employee’s additional December 31, 2018, or to any divorce or certain exceptions, in determining the withholding allowance or other separation instrument (as so defined) employee’s additional withholding reductions in withholding under section executed on or before December 22, allowance or other reductions in 3402(m).

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b. Estimated Tax Credits disproportionate amount of income tax account an estimated credit under These proposed regulations allow an withheld at the end of a calendar year. section 34 for certain uses of gasoline employee to take into account estimated Historically, the withholding tables and and special fuel the employee claimed income tax credits allowable under procedures established under the Code or expects to claim on Form 8849, but chapter 1 in determining the employee’s are structured so that withholding from if the employee expects to claim the additional withholding allowance or wages generally occurs evenly section 34 credit on a Form 4136 other reductions in withholding and throughout the year. However, if an attached to the employee’s individual update the cross reference in employee’s employer has already income tax return, the employee may § 31.3402(m)–1(b)(2) of the current withheld more Federal income tax from take this credit into account. This rule regulations to conform to changes under the employee’s wages than necessary to is similar to § 31.3402(m)–1(b)(2)(iii) of section 471 of the Deficit Reduction Act satisfy the employee’s anticipated the current regulations. However, under of 1984, Public Law 98–369, 98 Stat. income tax liability, employees should these proposed regulations, this rule 494, 825 (1984). (The credit under generally be able to take any excess applies to all chapter 1 tax credits that section 24 of the Code (child tax credit) amounts withheld into account. an employee claimed or expects to is part of the employee’s withholding One commenter to Notice 2018–92 claim on an IRS form other than the allowance under section 3402(f)(2)(C) suggested that the withholding employee’s individual income tax and is thus not part of the employee’s calculator (now called the Tax return. The Treasury Department and additional withholding allowance). Withholding Estimator) should include the IRS have determined that it is Section 31.3402(m)–1(b)(2)(i) of the an entry accommodating an annual inappropriate to allow an employee to current regulations does not allow an payroll period so a multiplier of one can take into account a chapter 1 tax credit employee to take the credit for tax be used if prior year tax information is that the taxpayer has otherwise withheld on wages under section 31(a) used for the entries in the calculator. requested to be refunded by filing an into account in determining the The Tax Withholding Estimator IRS form other than the employee’s employee’s additional withholding currently allows employees to enter individual income tax return. allowance or other reductions in weekly, bi-weekly, semi-monthly, and withholding under section 3402(m). monthly payroll frequencies because c. Estimated Tax Payments However, section 7 of Notice 2018–92 those are the most common types of payroll periods used by employers. The The Treasury Department and the IRS stated that the Treasury Department and have determined that certain estimated the IRS intend to update the regulations Treasury Department and the IRS request comments on whether there is a tax payments are ‘‘other items’’ under section 3402 to explicitly allow referenced in section 3402(m)(3) employees to use the withholding need to provide additional payroll frequencies—other than weekly, bi- because employees who have both calculator (now called the Tax wages and non-wage income, including Withholding Estimator) or Publication weekly, semi-monthly, and monthly—as part of the Tax Withholding Estimator. net earnings from self-employment, 505 to determine what entries to make should be able to take into account any on Form W–4 in lieu of completing Also, the Treasury Department and the IRS note that the Tax Withholding estimated tax payments they already certain worksheets included with the paid with respect to non-wage income if Form W–4. The Tax Withholding Estimator currently asks the employee to enter the total wages the employee they want to have income tax withheld Estimator currently takes into account from their wages for the remainder of the amount of income tax withheld to expects to receive this year and bases its recommendation, in part, on that annual the year to apply toward tax liability date to estimate the amount of with respect to non-wage income for withholding required for the remaining entry. In addition, the Tax Withholding Estimator makes recommendations for that year. The Treasury Department and payroll periods during the calendar the IRS also want to ensure employees year. Thus, the Treasury Department the current year, and prior year do not use estimated tax payments to and the IRS have determined that information may not always be useful inappropriately reduce required employees may take into account the when employees’ circumstances change. withholding on wages. Accordingly, credit permitted under section 31(a) for With regard to nonresident aliens, these proposed regulations allow income tax withheld under chapter 24 these proposed regulations continue the taxpayers to take into account, in to date but only if (1) on the day the rule in § 31.3402(m)–1(b)(2)(ii) of the determining the additional withholding employee estimates the amount of current regulations to disregard the allowance or other reductions in income tax withheld, the amount has credit for tax withheld on nonresident withholding under section 3402(m)(3), been withheld from the employee’s aliens and foreign corporations. estimated tax payments paid to date if wages (or other payments treated as However, these proposed regulations wages for chapter 24 purposes, such as update the cross-reference for the credit (1) the amount claimed has been paid pension payments subject to for tax withheld on nonresident aliens with the payment voucher from Form withholding under section 3405 or from section 32 to section 33 consistent 1040–ES, ‘‘Estimated Tax for certain other payments subject to with section 471(c) of the Deficit Individuals’’ (or was otherwise backup withholding under section 3406) Reduction Act of 1984. designated by the taxpayer as a payment Finally, these proposed regulations and (2) the employee enters this amount of estimated tax); (2) the employee uses provide that an employee may not take of tax withheld pursuant to the the Tax Withholding Estimator and into account, in determining the instructions in the Tax Withholding enters the amount claimed pursuant to employee’s additional withholding Estimator or Publication 505.14 the instructions in the Tax Withholding The Treasury Department and the IRS allowance or other reductions in Estimator; and (3) in using the Tax have determined that these limitations withholding under section 3402(m), any Withholding Estimator, the employee in taking into account the credit for tax estimated chapter 1 tax credits the includes all items of nonwage income withheld are necessary to prevent employee has claimed or expects to be the Tax Withholding Estimator prompts employees from having a refunded as a result of filing an IRS form the employee to enter.15 As a result, other than the employee’s individual 14 An employee subject to a lock-in letter may not income tax return (Form 1040). For 15 An employee subject to a lock-in letter may not take the credit under section 31(a) into account. example, an employee may not take into take estimated tax payments into account.

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employees who desire to satisfy their § 31.3402(m)–1(b) with items includible these proposed regulations delete the tax obligations related to self- in the employee’s gross income for examples illustrating the application of employment and other non-wage which no Federal income tax is section 3402(m) and the current income through wage withholding withheld. However, unlike the rule in regulations. The Treasury Department rather than future estimated tax the flush language of § 31.3402(m)–1(b) and the IRS request comments on the payments may use the Tax Withholding of the current regulations, the rule in the need for examples that illustrate the Estimator to compute the amount proposed regulations is applied only application of these proposed necessary to do so. Employees who with respect to deductions and not with regulations. desire to continue to pay estimated respect to income tax credits. The 8. Furnishing of Withholding Allowance taxes in whole or in part on self- Treasury Department and the IRS have Certificates employment or other non-wage income, determined that requiring taxpayers to should not use the Tax Withholding apply this rule with respect to credits is As stated earlier in this preamble, Estimator, but should follow the mathematically cumbersome and would these proposed regulations implement instructions in Publication 505 to complicate withholding procedures for TCJA’s changes to section 3402(f)(2) of determine how to complete Form W–4. employees. In order to offset tax credits the Code and conform to the redesigned The Treasury Department and the IRS with nonwage income, employees 2020 Form W–4. These proposed request comments on whether would have to convert the credit to a regulations also address the employees should be able to take into deduction, and the Treasury Department circumstances under which the account in the Tax Withholding and the IRS view such a procedure as employee must furnish the employer a Estimator estimated tax payments they undercutting the purpose of the 2020 Form W–4. Under section 3402(f)(2), in have not yet made but plan to make Form W–4, which in separate steps no event may the employee furnish the during the calendar year with regard to requests dollar amounts for estimated employer a withholding allowance their non-wage income and, if so, what tax credits and estimated deductions, certificate claiming a withholding conditions are advisable to ensure facilitating determination of more allowance in excess of the withholding employees do not shift required accurate withholding. The Treasury allowance the employee is entitled to withholding on wages to estimated tax Department and the IRS request claim under section 3402(f)(1). In addition, these proposed payments or inadvertently pay comments with respect to this rule. insufficient taxes during the calendar regulations restate and clarify certain These proposed regulations also year so that they owe taxes when they longstanding special rules relating to incorporate the rules in § 31.3402(m)– file their tax returns and possibly face when an employer should request each 1(f) of the current regulations and estimated tax or underpayment employee to furnish a new Form W–4, provide that an employee may not take penalties. rules relating to inclusion of social into account, in determining the security numbers on a Form W–4, and d. Definitions and Special Rules employee’s additional withholding rules relating to invalid Forms W–4. These proposed regulations continue allowance or other reductions in Finally, these proposed regulations the rules in § 31.3402(m)–1(c)(1) of the withholding under section 3402(m), clarify longstanding rules relating to the current regulations relating to the deductions, credits, or estimated tax submission of certain Forms W–4 to the circumstances under which an payments if these deductions, credits, or IRS and rules governing when the IRS employee may take into account, in estimated tax payments are claimed on may notify the employer in writing that determining the employee’s additional another valid Form W–4 in effect with an employee is not entitled to claim a withholding allowance or other respect to another employer of the complete exemption from withholding reductions in withholding under section employee or an employer of the or more than the maximum withholding 3402(m), deductions, credits, and other employee’s spouse. These proposed allowance specified by the IRS in a items. Specifically, an employee may regulations provide that spouses who written notice (a lock-in letter). generally take into account only a file jointly may only claim deductions, a. Commencement of Employment particular deduction or credit (other credits, or estimated tax payments once, than the credit for income tax withheld but these amounts may be allocated Under section 3402(f)(2)(A), on or on wages) that the employee reasonably between the spouses. These proposed before the commencement of expects will be allowable for the year regulations also provide that a married employment with an employer, an the estimation is made, which in no employee who expects to file separately employee must furnish the employer event may exceed the amount shown for from his or her spouse and has filed with a signed withholding allowance that particular deduction or credit on separately for the preceding taxable year certificate relating to the withholding the employee’s tax return for the may take into account deductions, allowance claimed by the employee, preceding taxable year plus a credits, or estimated tax payments on which in no event may exceed the determinable additional amount. the basis of the employee’s individual withholding allowance to which the However, these proposed regulations wages and allowable items. These employee is entitled. These proposed provide that a taxpayer may not take proposed regulations further provide regulations clarify section 3402(f)(2)(A) into account any proposed adjustment that an employee must follow the and provide that, on or before relating to a disallowed tax deduction or instructions to the Form W–4, and other commencement of employment, an credit that is the subject of any pending forms, instructions, publications, and employee must furnish the employer request for reconsideration, protest, related guidance in determining the with a signed Form W–4 relating to the request for consideration by an Appeals credits, deductions, or estimated tax filing status the employee reasonably office, or civil action. payments the employee may take into expects to claim on the employee’s These proposed regulations partially account under section 3402(m). This is income tax return and the withholding incorporate the rule in the flush similar to the rule in § 31.3402(m)– allowance the employee is entitled to as language of § 31.3402(m)–1(b) of the 1(d)(1) of the current regulations, which discussed in section 6 of this current regulations to provide that an instructs taxpayers to compute Explanation of Provisions. These employee must offset any deduction additional allowances using the tables proposed regulations clarify that an allowable under proposed and instructions on Form W–4. Finally, employee may in no event furnish a

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Form W–4 claiming a withholding withholding allowances. This default employment and first received wages as allowance in excess of the withholding rate will continue to apply to these appropriately balancing the desire for allowance the employee is entitled to as employees hired and paid wages on or accurate withholding and the desire to determined based on the employee’s before December 31, 2019, who fail to not reduce withholding for employees reasonable expectations and the furnish a valid Form W–4. As a result with no change in circumstance or instructions provided in forms, employees in this situation would newly furnished Form W–4. instructions, publications, and other generally have a similar amount of Section 11 of Notice 2018–92 solicited guidance prescribed by the IRS. income tax withheld from wages in comments generally, and one These proposed regulations also 2020 as in 2019 (although the 2020 commenter suggested that an employee clarify that an employee who may claim Publication 15–T provides percentage who fails to furnish a Form W–4 should exemption from withholding under method and wage bracket method continue to be treated as single with section 3402(n) and proposed withholding tables that take into zero withholding allowances because § 31.3402(n)–1 may furnish a Form W– account 2020 cost-of-living adjustments adding allowances to the employee’s 4 claiming the exemption from to certain items due to inflation as wages complicates the withholding withholding on or before required by various provisions of the system. The Treasury Department and commencement of employment with an Code). the IRS do not agree that adding employer. On the other hand, Publication 15–T withholding allowances complicates the As stated in section 5 of Notice 2018– instructs employers to treat an employee withholding system, especially after 92, because TCJA struck section 3401(e) who is first paid wages on or after implementation of the redesigned 2020 but did not make any substantive January 1, 2020 (even if hired at the end Form W–4. Recognizing that the goal of changes to section 3402(l) (providing of 2019), and who fails to furnish a the withholding system is to achieve the that an employee is treated as single Form W–4 as if the employee had appropriate withholding of income tax unless the employee furnishes the checked the box for single or married to approximate an employee’s income employer a Form W–4 indicating the filing separately in Step 1(c) and made tax liability, the proposed regulations employee is married), these proposed no entries in Step 2, Step 3, or Step 4 provide that employees who fail to regulations provide, with respect to of the 2020 Form W–4. Thus, a single furnish Form W–4 will be treated as wages paid on or after January 1, 2020, filer’s standard deduction with no other single having the withholding that an employer with an employee who entries for the steps on the 2020 Form allowance provided in forms, failed or fails to furnish a valid Form W–4 will be taken into account in instructions, publications, or other W–4 on or before commencing determining withholding for the guidance by the IRS. Withholding on employment with the employer must employee. The tables and computational these employees’ wages takes into treat the employee as single but having instructions in Publication 15–T were consideration statistical data concerning the withholding allowance provided in adjusted accordingly. The Treasury the tax liability of employees and is forms, instructions, publications, and Department and the IRS have designed to avoid placing an other guidance prescribed by the IRS determined that this updated default unnecessary burden on employers. (default rate). This rule provides rate of withholding adequately reflects Thus, Treasury Department and the IRS flexibility to adjust the applicable the appropriate withholding for most will not adopt this specific comment default rate of withholding, if warranted employees. based on future legislation or statistical However, if this updated default rate b. Change of Status data, to better align withholding with were applied to wages paid in 2020 or Similar to the current regulations, income tax liability. later to those employees who were hired these proposed regulations provide The IRS plans to provide a default and paid wages on or before December ‘‘change of status’’ rules for employees rate for employees who fail to furnish a 31, 2019, those employees would who experience changed circumstances Form W–4 and who commenced generally have less income tax withheld that reduce the withholding allowance employment on or before December 31, from their wages paid in 2020 or later an employee is entitled to claim. In 2019 (and were paid wages in 2019 or than they did in 2019 and earlier particular, these proposed regulations earlier) that differs from the default rate without furnishing a new Form W–4 to update the rules to reflect TCJA changes for employees who fail to furnish a their employers. Thus, these employees and changes in computational Form W–4 and were first paid wages on might be surprised by such an procedures set forth in forms, or after January 1, 2020. However, for unexpected change in withholding instructions and publications. See this purpose, for any employee when they took no action to cause the section 3402(f)(2)(B) and (C). As commencing employment on or after change in withholding. The Treasury required by the Code, these proposed January 1, 2020, in determining when Department and the IRS note that if an regulations provide that an employee is the employee was first paid wages, the employee desires and is entitled to have generally required to furnish a new employer may choose to disregard any less tax withheld from the employee’s Form W–4 to his or her employer within previous payment of wages during a wages, the employee should furnish his 10 days after the change of status if the prior employment relationship between or her employer a valid Form W–4 (and change affects the current calendar year the employee and the employer that had employees will more easily achieve or by December 1 of the current ended, such as for an employee who accurate withholding using the 2020 calendar year to take effect in the retired and is later rehired. In this Form W–4). Accordingly, while the following calendar year if the change circumstance, the employer may treat updated default rate for employees first affects the next calendar year. Due to the the employee who fails to furnish a paid wages on or after January 1, 2020, TCJA change in the definition of a Form W–4 as though the employee was will lead to more accurate withholding withholding allowance and to reflect the first paid wages on or after January 1, than the continued default rate for goal of the withholding system to ensure 2020. employees hired and paid wages on or the tax withheld approximates the Employees hired and paid wages on before December 31, 2019, the Treasury employee’s income tax liability while or before December 31, 2019, who failed Department and the IRS view the use of minimizing employee and employer to furnish Forms W–4 have historically separate default rates depending on burden, these proposed regulations been treated as single and claiming zero when the employee commenced provide that an employee does not have

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to furnish a new Form W–4 if the the second Form W–4, the proposed the number of qualifying children with amount of tax the employee expects to regulations provide that the employee respect to whom a child tax credit was be withheld from the employee’s pay for experiences a change of status with claimed to decrease, the proposed the calendar year is greater than the respect to the first Form W–4 if higher regulations provide that the employee amount of the employee’s anticipated withholding rates were not selected on experiences a change of status with income tax liability. the first Form W–4. Similarly, if a respect to the Form W–4 on which the Furthermore, because this general rule married employee (1) expects to file child tax credit was claimed. may be difficult for certain employees to jointly with his or her spouse, (2) no Fifth, if an employee has claimed any apply and because the 2020 Form W–4 longer has only one Form W–4 on file tax credit, including a child tax credit, generally uses annual estimates of dollar for the employee, the employee’s and the amount of tax credits the amounts, the IRS and the Treasury spouse, or both, and (3) the employee or employee reasonably expects to claim Department have determined that the employee’s spouse selects higher decreases by more than $500, the requiring employees to furnish, and withholding rate tables on a second proposed regulations provide that the employers to put into effect, new Forms Form W–4, then the employee employee experiences a change of status W–4 for small changes in circumstances experiences a change of status with with respect to the Form W–4 on which would be burdensome and complex. respect to the first Form W–4 if higher these tax credits are claimed. Therefore, these proposed regulations withholding rate tables were not Sixth, the proposed regulations also provide a de minimis rule with selected on the first Form W–4. The provide that an employee experiences a respect to changes of status under higher withholding rate tables are change of status with respect to section 3402(f)(2)(B) and (C). These designed to work for employees with deductions the employee reasonably change of status rules apply for Forms two employers (including married expects to claim (such as itemized W–4 furnished in 2019 or prior years employees filing jointly if both spouses deductions in excess of the basic and for Forms W–4 furnished in 2020 or are employed by employers who pay standard deduction corresponding to later years. wages subject to income tax the employee’s claimed filing status) if Specifically, these proposed withholding). Employees with two the employee reasonably expects the regulations provide seven circumstances Forms W–4 in effect who select higher deductions claimed on the employee’s under which an employee must furnish withholding rate tables on one Form W– tax return to decrease by more than a new Form W–4 to the employer. If any 4 without selecting higher withholding $2,300. of the seven circumstances apply, the rate tables on the second Form W–4 The Treasury Department and the IRS employee experiences a ‘‘change of have a significant risk of having less anticipate that these dollar thresholds status’’ and must, within 10 days after than the amount necessary to satisfy for requiring a new Form W–4 will the change occurs (if the change of their tax liability withheld from their account for decreases in credits and status affects the current calendar year) wages. deductions and will promote accuracy or by the later of December 1 of the Third, if an employee has multiple in the withholding system. Indeed, current calendar year or 10 days after Forms W–4 in effect, and the employee these threshold amounts for requiring a the change occurs (if the change of or the employee’s spouse reasonably new Form W–4 will lead to more status affects the next calendar year), expects an annual increase in regular accuracy than the change of status rules furnish his or her employer with a new wages of $10,000, the proposed in the current regulations that are in Form W–4. Notwithstanding a change in regulations provide that a change of effect for 2019, which turn on the value status, however, if the employee’s status occurs with respect to the Form of one allowance that historically has income tax withholding for the calendar W–4 on which the employee has been tied to the pre-TCJA personal year would continue to equal or exceed utilized the multiple job procedures exemption amount, which for 2019 is the employee’s anticipated income tax (other than selecting higher withholding $4,200.17 Accordingly, this proposed liability for the year, then the employee rate tables) set forth in forms, change of status rule should help make generally does not have to furnish a new instructions, publications, and other withholding more accurate and thereby Form W–4 to the employer.16 guidance. For this purpose, the decrease the risk of underwithholding First, if an employee’s filing status proposed regulations indicate that changes from married filing jointly (or for employees. ‘‘regular wages’’ means wages paid by Seventh, an employee experiences a qualifying widow(er)) to head of an employer for a payroll period either household or single (including married change of status under the proposed at a regular periodic rate (e.g., daily, regulations if he or she no longer filing separately) or from head of hourly) or at a predetermined fixed reasonably expects to be able to claim household to single (including married amount. The Treasury Department and exemption from withholding under filing separately), the proposed the IRS anticipate that this change of section 3402(n) and proposed regulations provide that the employee status rule will promote accuracy in § 31.3402(n)–1. This change can occur if experiences a change of status. withholding without imposing the employee expects to incur an Second, if an unmarried employee unnecessary burden in requiring new income tax liability under subtitle A for commences concurrent employment Forms W–4 for smaller changes in either the current or the previous with a second employer that pays wages regular wages. As in prior years, in calendar year. subject to income tax withholding and 2020, the income tax withholding tables Finally, similar to the rule in selects higher withholding rate tables on in Publication 15–T do not adequately § 31.3402(f)(2)–1(b)(2) of the current account for increases in regular wages 16 However, any employee whose anticipated for employees who utilize the multiple filing status changes from married filing jointly (or 17 Under section 3 of Notice 2018–92, an qualifying widow(er)) to head of household or job procedures (other than selecting employee would experience a change of status if the single (including married filing separately) or from higher withholding rate tables) because employee’s claimed deductions decrease by more head of household to single (including married these wages may be subject to a higher than $4,200 or if the employee’s claimed tax credits filing separately) must furnish a new Form W–4 to marginal rate of income tax on the decrease by as much as $1,554 (i.e., assuming the take effect in the following calendar year to his or individual is taxed at the highest marginal tax rate her employer by the later of December 1 of the employee’s income tax return. in section 1(j) of 37%, the maximum benefit from calendar year in which the change occurs, or within Fourth, if an employee claims a child a tax credit equivalent to $4,200 in deductions is 10 days of the change. tax credit on a Form W–4 and expects $1,554).

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regulations, these proposed regulations addition, any oral or written statement exemptions permitted’’ to ‘‘maximum provide that if an employee experiences clearly indicating that an employee’s withholding allowance.’’ This change is a change of status that increases the Form W–4 is false that an employee consistent with TCJA’s changes to employee’s withholding allowance, the makes to the employer on or before the section 3402(f)(1). In addition, these employee may furnish the employer date on which the employee furnishes proposed regulations replace the term with a new Form W–4 claiming the the Form W–4 causes the employee’s ‘‘marital status’’ with an employee’s increased withholding allowance the Form W–4 to be invalid. An employer ‘‘filing status.’’ These proposed employee is entitled to claim under that receives an invalid Form W–4 must regulations also replace references to proposed § 31.3402(f)(1)–1(b). Like disregard the invalid Form W–4 for ‘‘number of exemptions’’ with § 31.3402(f)(2)–1(b)(3) of the current purposes of computing withholding. ‘‘withholding allowance’’ to implement regulations, these proposed regulations The employer must inform the TCJA’s changes to section 3402(f)(1). also provide that if, on any day during employee that the Form W–4 is invalid These proposed regulations are the calendar year, the employee may and must request another Form W–4 consistent with section 3 of Notice claim exemption from withholding from the employee. If the employee fails 2019–92, which provided that, until under section 3402(n) and proposed to comply with the employer’s request further guidance is issued, any reference § 31.3402(n)–1, the employee may the employer must withhold according to a withholding exemption in the furnish the employer with a new Form to the employee’s last valid Form W–4 regulations and guidance under section W–4 claiming exemption from in effect. If no valid Form W–4 is in 3402 is applied as if it were a reference withholding. effect, the employer must treat the to a withholding allowance.20 Proposed employee as single but having the § 31.3402(f)(1)–1(b) prescribes the c. Special Rules Relating to Withholding withholding allowance provided by the withholding allowance an employee is Allowance Certificates forms, instructions, and publications entitled to, and, therefore, the maximum These proposed regulations provide prescribed by the IRS. This treatment is withholding allowance the employee is that employers should request each consistent with default rates described entitled to is based on that definition. employee to furnish a new Form W–4 in section 8(a) of this Explanation of Correspondingly, the IRS and the for the next calendar year before Provisions that apply if an employee Treasury Department have determined December 1 of each year, in the event fails to furnish a valid W–4 upon that the notices issued under of a change to an employee’s commencement of employment. § 31.3402(f)(2)–1(g)(2), including a lock- withholding allowance. A similar rule is These proposed regulations remove in letter or a modification notice, which in § 31.3402(f)(2)–1(c)(3) of the current § 31.3402(f)(2)–1(f) of the current the IRS may issue subsequently to a regulations, which states that employers regulations, which provides that the lock-in letter to modify an employee’s should request each employee to furnish withholding exemption certificate shall filing status and/or permitted a new Form W–4. These proposed be used for purposes of withholding withholding allowance, will be updated regulations update the current with respect to qualified State to reflect the 2020 Form W–4 ‘‘exemption status’’ nomenclature to individual taxes, as well as Federal Tax. withholding procedures. These ‘‘withholding allowance,’’ which is Section 31.3402(f)(2)–1(f) relates to a proposed regulations update the defined in proposed § 31.3402(f)(1)– subchapter of the Code that was reference to the withholding allowance 1(b). repealed by section 11801(a)(45) of Title certificate if an employee subject to a These proposed regulations provide XI of the Omnibus Budget lock-in letter requests more withholding that an employee must include the Reconciliation Act of 1990, Public Law or requests less withholding to employee’s social security number on 101–508, 104 Stat. 1388–522 (repealing correspond to proposed § 31.3402(f)(1)– the signed Form W–4 the employee Subchapter E of Chapter 64). 1(b) (defining the withholding furnishes to the employer. An employee allowance to which the employee is may not use a truncated social security d. Submission of Certain Withholding entitled), § 31.3402(i)–1(a)(1) and (2) number in completing the employee’s Allowance Certificates (providing for voluntary increases in the Form W–4 because a person may not These proposed regulations continue amount of withholding not otherwise truncate his or her own taxpayer the rule in the current regulations required under section 3402), and identification number on any statement regarding the submission of withholding proposed § 31.3402(l)–1(b) (providing or document the person furnishes to exemption certificates to the IRS but for the filing status an employee may another person. See § 301.6109– update any reference to ‘‘withholding claim on the Form W–4). If an employer 4(b)(2)(iv). A similar rule is set forth in exemption certificate’’ to ‘‘withholding is required to apply a maximum § 31.3402(f)(2)–1(d) of the current allowance certificate’’. Under these withholding allowance prescribed by a regulations. proposed regulations, the IRS may, by lock-in letter or modification notice, and These proposed regulations continue written notice or through published the employee subsequently furnishes the rule that any alteration or guidance in the IRB, request submission the employer a new Form W–4, the unauthorized addition to a Form W–4 of a Form W–4.19 employer must put this new Form W– causes a Form W–4 to be invalid.18 In 4 into effect only if it requires the e. Notice of Maximum Withholding employer to withhold more income tax Allowance Permitted 18 Similar to the rule in the current regulations, than prescribed by the lock-in letter or proposed § 31.3402(f)(5)–1(b)(1) provides that an These proposed regulations continue modification notice. If the new Form alteration of a Form W–4 is any deletion of the the rule from the current regulations W–4 would result in less income tax language of the jurat or other similar provision of the Form W–4 by which the employee certifies or regarding the notice prescribing the being withheld from the employee’s affirms the correctness of the completed Form W– maximum number of withholding 4, or any material defacing the Form W–4. Proposed exemptions an employee may claim (a 20 Section 3 of Notice 2018–92 further provides, § 31.3402(f)(5)–1(b)(2) provides that an lock-in letter) but update any reference as an example, that the language in § 31.3402(f)(2)– unauthorized addition to a Form W–4 is any writing 1(g)(2)(i) providing for an IRS notification process on the Form W–4 other than the entries requested to ‘‘maximum number of withholding to specify a ‘‘maximum number of withholding on the Form W–4 (e.g., name, address, and filing exemptions’’ an employee may claim will be status) or permitted by instructions or other 19 Separate procedures apply to examination of applied as a reference to a maximum number of guidance. returns, which are further discussed in § 601.105. withholding allowances.

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wages, the employer may not put the withholding allowance certificate in December 31, 2019, that have not been Form W–4 into effect. effect for a particular employee, and the superseded by a new Form W–4 Consistent with section 9 of Notice employee furnishes a withholding furnished to be effective for 2020 or 2018–92, these proposed regulations allowance certificate to the employer, subsequent years. However, under these eliminate the requirement that the the employer must put the certificate proposed regulations, a Form W–4 employer send a written response to the into effect as of the beginning of the first furnished by an employee subject to a IRS office designated in the lock-in payroll period ending after the date the lock-in letter ceases to be effective when letter that the employee is not employed certificate is furnished. If the payment the lock-in letter takes effect unless the by the employer. Notices issued under of wages is made without regard to a Form W–4 results in more withholding § 31.3402(f)(2)–1(g)(2) will continue to payroll period, the employer must put than prescribed by the lock-in letter. If provide that if an employer no longer the withholding allowance certificate the employee’s Form W–4 results in employs an employee, no action is into effect as of the first payment of more withholding than prescribed by required. These proposed regulations wages after it is furnished. These the lock-in letter, the employer should also include minor non-substantive proposed regulations reiterate the continue withholding according to the changes with regard to the lock-in letter. statutory rule. employee’s Form W–4, even after the Finally, these proposed regulations Under section 3402(f)(3)(B), if the employee is released from the lock-in provide for three special rules in employer has a valid withholding letter. If the employer had been determining the withholding allowance allowance certificate in effect with withholding according to a lock-in for employees who are subject to a lock- respect to a particular employee, and letter, upon the employee’s release from in letter or who request that the IRS the employee furnishes a withholding the lock-in letter, the proposed issue a modification notice to modify a allowance certificate to take effect regulations provide that the employee lock-in letter. First, the anticipated tax during the calendar year, the employer must furnish his or her employer a new benefit from any tax credit or deduction must put the certificate into effect as of valid Form W–4 in order to ensure that must be offset by the anticipated tax the beginning of the first payroll period withholding after release from the lock- attributable to items includible in the ending (or the first payment of wages in letter is as accurate as possible. If the employee’s gross income in the manner made without regard to a payroll period) employee fails to do so, the employee determined by the IRS. Second, the on or after the 30th day after the day on will be treated as single but having the section 31(a) credit may not be taken which the certificate is furnished. An withholding allowance provided in into account. Third, estimated tax employer may elect to put a forms, instructions, publications, and payments may not be taken into withholding allowance certificate into other guidance prescribed by the account. The Treasury Department and effect earlier but no earlier than on or Commissioner, in accordance with the IRS have determined that these after the day the withholding allowance § 31.3402(f)(2)–1(a)(4). Accordingly, an special rules are appropriate because certificate is furnished. An employer employee subject to a lock-in letter and taxpayers subject to a lock-in letter have may not put into effect a withholding subsequently released who does not been significantly noncompliant with allowance certificate furnished to take furnish a new Form W–4 would be wage withholding rules and effect in the next calendar year under treated as single or married filing requirements for payment of income tax section 3402(f)(2)(C) until the next separately in Step 1(c) of the 2020 Form liability. Moreover, these rules will calendar year. These proposed W–4 with no entries in Step 2, Step 3, generally be applied by the IRS in regulations reiterate these statutory or Step 4 of the 2020 Form W–4, once preparing any modification notice, once rules. withholding compliance notices are such notices have been revised to modified for 2020 withholding 10. Period During Which Withholding incorporate the 2020 Form W–4 procedures. withholding procedures, and thus Exemption Certificates Remain in Effect These proposed regulations delete the concerns that apply to other employees The proposed regulations remove cross reference in § 31.3402(f)(4)–2(b) of regarding the complexity of these § 31.3402(f)(4)–1 of the current the current regulations to the computations do not apply to regulations, which applies to withholding allowance under section employees subject to a lock-in letter. withholding exemption certificates 3402(m) because this cross-reference is furnished prior to January 1, 1982. designed to highlight a distinction 9. When a Withholding Allowance Generally, withholding exemption or relevant to Forms W–4 furnished before Certificate Takes Effect allowance certificates continue in effect 1982. Even though this distinction is no Section 31.3402(f)(3)–1 of the current until replaced by a new Form W–4. The longer relevant, these proposed regulations was last updated in 1983 by Treasury Department and the IRS have regulations continue the general rule in T.D. 7915, 48 FR 44072–01 (September determined that the rules discussed in the current regulations and provide that 27, 1983). These proposed regulations section 11 of this Explanation of an employee who claims deductions, update the regulations under section Provisions are sufficient to account for credits, or other items under section 3402(f)(3) to reflect the statutory rules Forms W–4 in effect under prior law. 3402(m) must furnish a new Form W– enacted in section 10302 of the 4 when he or she experiences a change 11. Effective Period of a Withholding Omnibus Reconciliation Act of 1987, of status to which the rules under Allowance Certificate Public Law 100–203, 101 Stat. 1330, proposed § 31.3402(f)(2)–1(b) (change of 1330–429 (1987). As noted in section 2, Similar to the current regulations, the status that affects the current calendar above, these rules apply to withholding proposed regulations provide that year) or proposed § 31.3402(f)(2)–1(e) exemption certificates, and any Forms W–4 that took effect under prior (change of status that affects the next reference to withholding allowance law generally remain in effect until calendar year) apply. certificates or Forms W–4 includes a another Form W–4 is furnished. See These proposed regulations continue reference to a withholding exemption section 3402(f)(4). This applies with the rule of the current regulations and certificate, furnished and effective on or respect to withholding exemption provide that Forms W–4 that claim before December 31, 2017. certificates and Forms W–4 furnished exemption from withholding under Specifically, section 3402(f)(3)(A) on or before December 31, 2019, section 3402(n) generally are effective provides that when there is no including those that are in effect on up to and including February 15 of the

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following year, and an employer may forms, instructions, publications, or filing status) that could potentially continue to rely on an employee’s Form other guidance prescribed by the IRS, affect the amount of income tax W–4 claiming exemption from only the Form W–4 revision in effect for withheld from the employee’s pay (i.e., withholding until February 16 of the a calendar year may be furnished by an an entry on Step 2, Step 3, or Step 4 of following year. See section 3402(n) employee in that calendar year and the 2020 Form W–4) is an unauthorized (providing in flush language that the given legal effect by the employer as a addition and, thus, a Form W–4 that Secretary shall by regulations provide new Form W–4 or to replace a includes such an entry is invalid. for the coordination of the provisions of previously furnished Form W–4. In addition to all the rules under section 3402(n) and section 3402(f)). However, an employee may furnish the § 31.3402(f)(5)–1(c) of the current However, these proposed regulations Form W–4 revision for the following regulations related to electronic Form provide that if a Form W–4 claiming calendar year in the current calendar W–4 systems, these proposed exemption from withholding expires, year to take effect for the following regulations provide that an employer and the employee does not furnish a calendar year. These proposed that maintains an electronic Form W–4 valid Form W–4 either renewing his or regulations provide an example system for its employees to furnish her exemption or claiming a illustrating this rule. Forms W–4 electronically must provide withholding allowance, the employer The Treasury Department and the IRS the employee with the same information must treat the employee as single but have received questions from payroll as the current version of the official IRS having the withholding allowance groups on the extent to which Form W–4 available on irs.gov and must provided in forms, instructions, employers have to comply with revenue satisfy any requirements specified by publications, and other guidance procedures relating to substitute forms the IRS in forms, publications, and other prescribed by the IRS. Unlike the when providing paper substitute Forms guidance. These proposed regulations current regulations, these proposed W–4 to employees. Rev. Proc. 2018–51, further provide that an employer that regulations do not require the employer 2018–44 I.R.B. 721 (also published in maintains an electronic Form W–4 to put into effect a previously furnished Publication 1167, ‘‘General Rules and system for its employees must provide valid Form W–4 when an employee’s Specifications for Substitute Forms and the employees the ability to claim Form W–4 claiming exemption from Schedules’’) applies to any substitute exemption from withholding under withholding expires. paper Forms W–4. However, because section 3402(n) and must include the For 2020, Publication 15 instructs the broader purpose of Rev. Proc. 2018– two certifications described in proposed employers to treat employees who 51 and Publication 1167 is to provide § 31.3402(n)–1(a). claimed exemption from withholding in guidance on forms filed with the IRS, 13. Withholding Exemptions for 2019 and who do not furnish a new and the Form W–4 is generally not filed Nonresident Alien Individuals 2020 Form W–4 as single or married with the IRS, the Treasury Department filing separately in Step 1(c) of the 2020 and the IRS request comments on Section 3402(f)(6) provides that a Form W–4 with no entries in Step 2, whether additional guidance is needed nonresident alien individual (other than Step 3, or Step 4 of the 2020 Form W– regarding substitute paper Forms W–4. an individual described in section 4. This treatment is consistent with These proposed regulations also 3401(a)(6)(A) or (B)) 21 shall be entitled default rates described in section 8(a) of provide rules similar to § 31.3402(f)(5)– to only one withholding exemption. The this Explanation of Provisions that 1(b) of the current regulations relating to Treasury Department and the IRS have apply if an employee fails to furnish a invalid Forms W–4. However, these concluded that the withholding Form W–4 upon commencement of proposed regulations replace any exemption referenced in section employment. reference to ‘‘withholding exemption 3402(f)(6) is the deduction allowed to certificate’’ with a reference to the the nonresident alien individual under 12. Form and Contents of Withholding ‘‘withholding allowance certificate’’ section 151, which for 2018–2025 Allowance Certificates because of TCJA’s changes to section means zero under section 151(d)(5). These proposed regulations provide 3402(f)(5) and clarify certain provisions. These proposed regulations include this that the withholding allowance Under these proposed regulations, an clarification. certificate required to be furnished unauthorized addition to a Form W–4 is In addition, proposed § 31.3402(f)(6)– under section 3402(f)(2) is the Form W– any writing on the certificate other than 1(a) provides that a nonresident alien 4. The Form W–4 is called the the entries on the Form W–4 (e.g., name, individual (other than a nonresident ‘‘Employee’s Withholding Certificate.’’ address, and filing status). An individual treated as a resident under Previously, for years 1972 through 2019, unauthorized addition does not include section 6013(g) and (h)) must follow the Form W–4 was called the entries on the Form W–4 permitted by administrative guidance such as forms, ‘‘Employee’s Withholding Allowance the instructions or other guidance. instructions, publications, or other Certificate.’’ The name of the form was Thus, a 2020 Form W–4 with an entry guidance prescribed by the IRS that changed for the 2020 revision because ‘‘Exempt’’ on Form W–4 in the space apply to the nonresident alien the Form W–4 is no longer based on a below Step 4(c) is not an unauthorized individual’s withholding. For 2020, number of withholding allowances addition because this entry is permitted nonresident alien individuals should valued at a particular dollar amount. by the 2020 Form W–4 instructions. review and apply Notice 1392 to Blank copies of paper Forms W–4 will Similarly, an entry on the Form W–4 determine how to complete the 2020 be supplied to employers upon request indicating an employee is a nonresident Form W–4. Employers are instructed to to the IRS. An employer may also alien individual is not an unauthorized apply special procedures in Publication download and print Form W–4 from the addition because this entry is permitted 15–T for these individuals. The IRS internet site at www.irs.gov. These by Notice 1392, ‘‘Supplemental Form application of the procedures in the proposed regulations provide rules W–4 Instructions for Nonresident similar to § 31.3402(f)(5)–1(a) of the Aliens.’’ The proposed regulations 21 Although section 3402(f)(6) references section current regulations relating to substitute clarify, however, that an entry claiming 3401(a)(6)(A) or (B), section 3401(a)(6) was amended so that there are no longer separately paper Forms W–4. exemption from withholding that is enumerated subparagraphs (A) or (B). Thus, this These proposed regulations provide accompanied by any other entry on the reference applies to section 3401(a)(6) and that, unless provided otherwise in Form W–4 (other than the employee’s § 31.3401(a)(6)–1 of the current regulations.

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2020 Publication 15–T depends on use combined tables, which further regulations provide that an employee whether the nonresident alien diminishes the usefulness of this may request an additional amount, not individual has furnished a Form W–4 alternative withholding procedure. otherwise required, to be withheld from on or after January 1, 2020. Because section 8 of Notice 2018–92 the employee’s wages by selecting announced the Treasury Department’s higher withholding rate tables. 14. Supplemental Wage Payments and the IRS’ intent to remove the These proposed regulations also These proposed regulations provide combined income tax withholding and clarify the circumstances under which that mandatory flat rate withholding employee FICA tax withholding tables, the employer must comply with the under § 31.3402(g)–1(a)(2) is computed this rule will be proposed with an employee’s request. Employers must without regard to any entries on a Form effective date of January 1, 2020. generally comply with the employee’s W–4, including the expanded entries on Accordingly, the 2020 version of request on a valid Form W–4 after the the 2020 Form W–4. In addition, Publication 15–T does not include employer has withheld all amounts optional flat rate withholding under combined income tax withholding and otherwise required to be withheld by § 31.3402(g)–1(a)(7) applies without employee FICA tax withholding tables. Federal law (other than by amounts regard to any entries on the Form W–4 The Treasury Department and the IRS described in this section), state law, and other than the entry claiming exempt again request comments on alternative local law (other than by state or local status. However, employers who use the withholding procedures under section law that provides for voluntary aggregate procedure for withholding on 3402(h) generally. However, the withholding). The amounts withheld supplemental wages under § 31.3402(g)– Treasury Department and the IRS do not under section 3402(i) are considered tax 1(a)(6) of the current regulations should consider allowing employees to base required to be withheld under section take into consideration the Form W–4 their withholding on a fixed dollar 3402. Finally, these proposed (including a 2020 Form W–4) furnished amount or percentage as consistent with regulations delete references to by the employee. section 3402(a). decreases in withholding under section 3402(i) because of statutory changes 15. Alternative Withholding Methods 16. Additional Withholding made in section 1581 of the Tax Reform The proposed regulations eliminate These proposed regulations remove Act of 1986, Public Law 99–514, 100 the combined income tax withholding § 31.3402(i)–1 of the current regulations Stat 2085, 2766 (1987), which and employee FICA tax withholding because this provision applies to eliminated the option to decrease tables under § 31.3402(h)(4)–1(b) of the agreements to withhold additional withholding by a set dollar amount from current regulations. The Treasury amounts of Federal income tax, not section 3402(i). Department and the IRS announced otherwise required, entered into before their intention to eliminate these tables October 1, 1981. The Treasury 18. Exemption From Withholding in section 8 of Notice 2018–92. No Department and the IRS request These proposed regulations add comments were received on this issue. comments on whether this rule should certain clarifying rules to the rules in As stated in section 8 of Notice 2018– be retained. § 31.3402(n)–1 of the current regulations 92, although employers may withhold a concerning claiming an exemption from 17. Increases in Withholding combined amount of income and FICA withholding, and thereby propose to tax, employers must still compute and Section 3402(i) provides that the restore in substance rules that were report amounts of income tax and FICA Secretary may by regulations provide for formerly in the regulations. See 26 CFR tax separately on quarterly or annual increases in the amount of withholding 31.3402(n)–1(2005). To qualify for the employment tax returns and Forms W– in cases in which an employee requests exemption provided by section 3402(n) 2. Though use of the combined tables such changes. The current regulations for a taxable year, an employee must would generally reduce the number of express this rule as an agreement to certify that the employee incurred no computations in determining the withhold ‘‘an additional amount’’ from liability for income tax imposed under withholding from wages for an the employee’s wages. See § 31.3402(i)– subtitle A of the Code for the employer, this difference in the number 1(a). This rule was consistent with the employee’s preceding taxable year, and of computations has become less format of Form W–4 for years prior to that the employee anticipates that he or relevant with the advance in 2020 with respect to the line requesting she will incur no liability for income tax computational technology since 1970 an additional amount to be withheld imposed under subtitle A for the current when these tables were first provided. from each payment of regular wages. To taxable year. These proposed Moreover, the combined tables are not reflect the revised computational regulations amend the current consistent with these proposed procedures on the 2020 Form W–4, regulations to add a provision regulations as applied to certain entries these proposed regulations provide that, concerning when the employee is on the 2020 Form W–4. Specifically, for amounts not otherwise required to considered to incur no liability for income tax must be withheld with be withheld from an employee’s wages income tax imposed under subtitle A. respect to an employee’s entry in Step under section 3402, in addition to Specifically, § 31.3402(n)–1(c) of these 4(a) (Other income) of the 2020 Form specifying an additional amount to proposed regulations provides that, for W–4, which applies proposed withhold from the employee’s wages, purposes of section 3402(n) and § 31.3402(i)–1(a)(2)(i). An employer the employee may request that an § 31.3402(n)–1 of the regulations, an must reduce wages by an employee’s additional amount be added to the employee is not considered to incur entry in Step 4(b) (Deductions) of the employee’s wages on Form W–4, so that liability for income tax imposed under 2020 Form W–4, which applies the employer may withhold an subtitle A if the amount of the tax is proposed § 31.3402(m)–1(b). However, additional amount of income tax equal to or less than the total amount of neither the entry in Step 4(a) nor the resulting from this addition under the credits against the tax that are allowable entry on Step 4(b) impacts employees’ computational procedures prescribed by to the employee under chapter 1, other FICA tax liability under section 3101. the IRS in forms, instructions, than the credits allowable under section Thus, an employer who is furnished a publications, and other guidance for the 31 or 34. Proposed § 31.3402(n)–1(c) Form W–4 with entries on either Step calendar year for which the Form W–4 also provides that, for purposes of 4(a) or Step 4(b) would not be able to is in effect. In addition, these proposed section 3402(n) and § 31.3402(n)–1, an

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employee who files a joint return under 7805(b)(7), taxpayers may choose to years prior to 2020 generally will section 6013 is considered to incur apply the rules therein on or after continue to have their withholding liability for any tax shown on that January 1, 2020. determined based on that form. These return. These proposed regulations proposed regulations incorporate the Paperwork Reduction Act provide that an employee who is changes made by TCJA to sections 3401 entitled to file a joint return under Any collection of information and 3402 and conform the regulations to section 6013 shall not certify that the associated with this notice of proposed provide flexible and administrable rules employee anticipates that he or she will rulemaking has been submitted to the for income tax withholding from wages incur no liability for income tax Office of Management and Budget for to implement the 2020 Form W–4 and imposed by subtitle A for the review under OMB control number its related tables and computational employee’s current taxable year if the 1545–0074 in accordance with the procedures described in Publication 15– statement would not be true in the event Paperwork Reduction Act of 1995 (44 T, and to work with Forms W–4 the employee files a joint return for the U.S.C. 3507(d)). In general, the provided in 2019 and earlier years. Any year, unless the employee filed a collection of information is required economic impact on small entities that separate return for the preceding taxable under § 3402 of the Internal Revenue have an income tax withholding year and anticipates that he or she will Code (the Code). The Treasury obligation is generally a result of the file a separate return for the current Department and the IRS request change in underlying substantive tax taxable year. comments on all aspects of information rules which led to revisions in the The rule concerning incurring collection burdens related to these method of computing withholding, not liability for income tax imposed by proposed regulations, including these proposed regulations. Because the Subtitle A and the rule concerning joint estimates for how much time it would proposed regulations preserve the returns were in the regulations before take to comply with the paperwork option of continuing to use old Forms 2006 (see 26 CFR 31.3402(n)–1(2005)) burdens described in OMB control W–4 for existing employees who have but were deleted by T.D. 9276, 71 FR number 1545–0074 and ways for the IRS not had significantly changed 42049 (July 26, 2006). This deletion did to minimize the paperwork burden. An circumstances, the proposed regulations not indicate a change in position by the agency may not conduct or sponsor and minimize impact of the statutory Treasury Department and the IRS, and a person is not required to respond to changes on employers, including small the position of the Treasury Department a collection of information unless it entities. Accordingly, Treasury and the and the IRS on these issues has displays a valid OMB control number. IRS certify that this proposed rule will remained the same as reflected in not have a significant economic impact Publication 505 for each year from 2007 Special Analyses on a substantial number of small entities through 2019. Restoring the rules to the I. Regulatory Planning and Review pursuant to the Regulatory Flexibility regulations is intended to provide Act (5 U.S.C. chapter 6). additional clarity and guidance as to the This regulation is not subject to Notwithstanding this certification, the Treasury Department and the IRS review under section 6(b) of Executive Treasury Department and the IRS invite position on these issues. Order 12866 pursuant to the comments on any impact this rule Memorandum of Agreement (April 11, Proposed Applicability Date would have on small entities. 2018) between the Department of the Pursuant to section 7805(f), this The amendments set forth in this Treasury and the Office of Management notice of proposed rulemaking has been notice of proposed rulemaking are and Budget regarding review of tax submitted to the Chief Counsel for generally proposed to apply on the date regulations. Advocacy of the Small Business of publication of a Treasury Decision II. Regulatory Flexibility Act Administration for comment on its adopting these rules as final regulations impact on small business. in the Federal Register. Taxpayers may Under the Regulatory Flexibility Act rely on the rules set forth in this notice (RFA) (5 U.S.C. chapter 6), it is hereby III. Unfunded Mandates Reform Act of proposed rulemaking, in their certified that these proposed Section 202 of the Unfunded entirety, until the date a Treasury regulations, if adopted, would not have Mandates Reform Act of 1995 (UMRA) Decision adopting these regulations as a significant economic impact on a requires that agencies assess anticipated final regulations is published in the substantial number of small entities that costs and benefits and take certain other Federal Register. However, proposed are directly affected by the proposed actions before issuing a final rule that § 31.3402(f)(2)–1(g) relating to regulations. The proposed regulations includes any Federal mandate that may withholding compliance is proposed to will apply to all employers that have an result in expenditures in any one year apply as of the date the notice of income tax withholding obligation and, by a state, local, or tribal government, in proposed rulemaking is published in the therefore, are likely to affect a the aggregate, or by the private sector, of Federal Register, proposed substantial number of small entities. $100 million in 1995 dollars, updated § 31.3402(f)(5)–1(a)(3) regarding the Although the proposed regulations are annually for inflation. This rule does requirement to use the current version likely to affect a substantial number of not include any Federal mandate that of Form W–4 is proposed to apply as of small entities, the economic impact of may result in expenditures by state, 30 days after the date the notice of the regulations will not be significant. local, or tribal governments, or by the proposed rulemaking is published in the These proposed regulations do not private sector in excess of that Federal Register, and the proposed independently impact employers or threshold. removal of § 31.3402(h)(4)–1(b) relating employees because these regulations to the combined income tax support both the 2019 and 2020 Form IV. Executive Order 13132: Federalism withholding and employee FICA tax W–4 and related withholding Executive Order 13132 (entitled withholding tables is proposed to apply procedures, and employees are not ‘‘Federalism’’) prohibits an agency from on and after January 1, 2020. Except required to furnish a new Form W–4 publishing any rule that has federalism with regard to the removal of solely because of the redesign of the implications if the rule either imposes § 31.3402(h)(4)–1(b), the proposed Form W–4. Employees who have a Form substantial, direct compliance costs on regulations provide that, under section W–4 on file with their employer from state and local governments, and is not

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required by statute, or preempts state PART 31—EMPLOYMENT TAXES AND REGISTER]. For rules that apply before law, unless the agency meets the COLLECTION OF INCOME TAX AT [DATE OF PUBLICATION OF FINAL consultation and funding requirements SOURCE REGULATIONS IN THE FEDERAL of section 6 of the Executive Order. This REGISTER], see 26 CFR part 31, revised proposed rule does not have federalism ■ Paragraph 1. The authority citation as of March 14, 2019. Under section implications and does not impose for part 31 is amended by adding an 7805(b)(7) a taxpayer may choose to substantial direct compliance costs on entry for § 31.3402 in numerical order to apply this section on and after January state and local governments or preempt read as follows: 1, 2020. state law within the meaning of the Authority: 26 U.S.C. 7805 * * * ■ Par. 5. Section 31.3402(c)–1 is Executive Order. * * * * * amended by: Section 31.3402 also issued under 26 ■ 1. Revising paragraph (a)(1). Statement of Availability of IRS U.S.C. 3402(i) and (m) ■ 2. Redesignating paragraph (a)(2) as Documents * * * * * paragraph (a)(3). ■ 3. Adding a new paragraph (a)(2). IRS Revenue Procedures, Revenue § 31.3401(e)–1 [Removed] ■ 4. Revising paragraph (b). Rulings, and Notices cited in this ■ Par. 2. Section 31.3401(e)–1 is ■ 5. In paragraph (c)(1), revising the first preamble are published in the Internal removed. Revenue Bulletin (or Cumulative ■ sentence Par. 3. Section 31.3402(a)–1 is ■ Bulletin) and are available from the amended by adding paragraphs (g) and 6. Adding paragraph (f). Superintendent of Documents, U.S. (h) to read as follows: The revisions and additions read as Government Publishing Office, follows: Washington, DC 20402, or by visiting § 31.3402(a)–1 Requirement of withholding. § 31.3402(c)–1 Wage bracket withholding. the IRS website at http://www.irs.gov. * * * * * (a) * * * Comments and Requests for a Public (g) Definitions and Interchangeable (1) The employer may elect to use the Hearing Terms.—For purposes of Chapter 24 and wage bracket method provided in this Subpart E of Part 31 of the section 3402(c) instead of the percentage Before these proposed regulations are Employment Tax Regulations: method with respect to any employee. adopted as final regulations, (1) References to ‘‘withholding The tax computed under the wage consideration will be given to any exemption certificate’’ include bracket method shall be in lieu of the electronic and written comments that ‘‘withholding allowance certificate’’ tax required to be deducted and are submitted timely to the IRS as unless otherwise stated in Subpart E of withheld under section 3402(a). prescribed in this preamble under the Part 31 of the Employment Tax (2) The amount of tax to be deducted ADDRESSES heading. The Treasury Regulations. and withheld from an employee’s wages Department and the IRS request (2) [Reserved] under the wage bracket method of comments on all aspects of the proposed (h) Applicability date.—The withholding is determined based on the rules. All comments will be available at provisions of paragraph (g) of this entry for the employee’s anticipated http://www.regulations.gov or upon section apply on and after [DATE OF filing status or marital status and other request. A public hearing will be PUBLICATION OF FINAL entries on the employee’s withholding scheduled if requested in writing by any REGULATIONS IN THE FEDERAL allowance certificate using the person that timely submits written REGISTER]. Under section 7805(b)(7) a applicable wage bracket method tables comments. If a public hearing is taxpayer may choose to apply paragraph and computational procedures set forth scheduled, notice of the date, time, and (g) of this section on and after January in the applicable forms, instructions, place for the public hearing will be 1, 2020. publications, and other guidance ■ published in the Federal Register. Par. 4. Section 31.3402(b)–1 is revised prescribed by the Commissioner issued to read as follows: with respect to the period in which Drafting Information § 31.3402(b)–1 Percentage method of wages are paid. The principal author of these withholding. * * * * * proposed regulations is Mikhail (a) Percentage method of withholding. (b) Established payroll periods, other Zhidkov, Office of the Associate Chief The amount of tax to be deducted and than daily or miscellaneous, covered by Counsel (Employee Benefits, Exempt withheld from an employee’s wages wage bracket withholding tables. The Organizations, and Employment Taxes). under the percentage method of wage bracket withholding tables Other personnel from the Treasury withholding is determined based on the applicable to the employee’s filing Department and the IRS participated in entry for the employee’s anticipated status set forth in forms, instructions, their development. filing status or marital status and other publications, and other guidance entries on the employee’s withholding prescribed by the Commissioner for List of Subjects in 26 CFR Part 31 allowance certificate using the established periods other than daily or applicable percentage method tables miscellaneous should be used in Employment taxes, Fishing vessels, and computational procedures set forth determining the tax to be deducted and Gambling, Income taxes, Penalties, in the applicable forms, instructions, withheld for any such period without Pensions, Railroad retirement, Reporting publications, and other guidance reference to the time the employee is and recordkeeping requirements, Social prescribed by the Commissioner issued actually engaged in the performance of security, Unemployment compensation. with respect to the period in which services during such payroll period. Proposed Amendments to the wages are paid. (c) * * * Regulations (b) Applicability date. The provisions (1) * * * The tables applicable to a of this section apply on and after [DATE daily or miscellaneous payroll period Accordingly, 26 CFR part 31 is OF PUBLICATION OF FINAL show the tentative amount of tax to be proposed to be amended as follows: REGULATIONS IN THE FEDERAL deducted and withheld from an

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employee’s wages for the employee’s withholding allowance certificate apply this section on and after January filing status for one day.* * * claiming such deduction; 1, 2020. * * * * * (iii) If the employee is married, ■ Par. 7. Section 31.3402(f)(2)–1 is (f) Applicability date. The provisions whether the employee’s spouse is revised to read as follows: of this section apply on and after [DATE entitled to additional deductions, OF PUBLICATION OF FINAL credits, or other items the employee § 31.3402(f)(2)–1 Furnishing of withholding REGULATIONS IN THE FEDERAL elects to take into account under allowance certificates REGISTER]. For rules that apply before § 31.3402(m)–1 or would be so entitled (a) On commencement of [DATE OF PUBLICATION OF FINAL if the employee’s spouse were an employment. (1) On or before the date REGULATIONS IN THE FEDERAL employee receiving wages, but only if on which an individual commences REGISTER], see 26 CFR part 31, revised such spouse does not have in effect a employment with an employer, the as of March 14, 2019. Under section withholding allowance certificate individual must furnish the employer 7805(b)(7) a taxpayer may choose to claiming such allowance; with a signed withholding allowance apply this section on and after January (iv) Any credit under section 24(a) certificate (see § 31.3402(f)(5)–1) relating 1, 2020. that the employee reasonably expects to to the filing status the employee ■ Par. 6. Section 31.3402(f)(1)–1 is be able to claim on the employee’s reasonably expects to claim under revised to read as follows: income tax return for the calendar year § 31.3402(l)–1(b) for the calendar year for which the withholding allowance for which the withholding allowance § 31.3402(f)(1)–1 Withholding allowance. certificate is in effect, except that the certificate is in effect and the (a) In general. (1) Except as otherwise employee may not take into account any withholding allowance under provided in section 3402(f)(6) (see credit under section 24(a) if this credit § 31.3402(f)(1)–1(b) that the employee § 31.3402(f)(6)–1), an employee is claimed on another valid withholding claims. receiving wages will, on any day, be allowance certificate in effect with entitled to a withholding allowance as respect to another employer of the (2) In no event may the withholding provided in section 3402(f)(1) and employee or the employee’s spouse. In allowance exceed the withholding paragraph (b) of this section. In order to addition, an employee whose employer allowance that the employee is entitled receive the benefit of the withholding must withhold for that employee to as determined based on the allowance, the employee must furnish pursuant to a notice under employee’s reasonable expectations and to the employer a valid withholding § 31.3402(f)(2)–1(g)(2) must offset any the instructions set forth in forms, allowance certificate in effect for the tax benefit resulting from a credit under instructions, publications, and other calendar year as provided in section section 24(a) with any anticipated guidance prescribed by the 3402(f)(2) and § 31.3402(f)(2)–1. income tax attributable to items other Commissioner. (2) The employer is not required to than wages includible in the employee’s (3) The employee may claim ascertain whether the withholding gross income in the manner prescribed exemption from withholding if the allowance claimed is greater than the by the Commissioner; certifications described in section withholding allowance to which the (v) Any additional deductions, 3402(n) and § 31.3402(n)–1(a)(1) and (2) employee is entitled. For rules relating credits, or other items the employee are true with respect to the employee. to invalid withholding allowance elects to take into account under (4) If an employee has no valid certificates, see § 31.3402(f)(2)–1(f)(3), § 31.3402(m)–1 for the calendar year for withholding allowance certificate in for rules relating to required submission which the withholding allowance effect with the employer at the time of of copies of certain withholding certificate is in effect; the payment of the wages, and fails to allowance certificates to the Internal (vi) The basic standard deduction (as furnish a valid withholding allowance Revenue Service, see § 31.3402(f)(2)– defined in section 63(c)(2)) relating to certificate to the employer, the 1(g)(1), and for rules relating to the the filing status the employee employee will be treated as single but notice of the maximum withholding reasonably expects to claim on the having the withholding allowance allowance permitted, see employee’s income tax return for the provided in forms, instructions, § 31.3402(f)(2)–1(g)(2). calendar year for which the withholding publications, and other guidance (b) Withholding allowance defined. allowance certificate is in effect; and prescribed by the Commissioner. (1) Generally, the withholding (vii) Any adjustment resulting from (b) Change of status that affects allowance to which an employee is multiple withholding allowance calendar year—(1) General rule. If, on entitled is determined under the certificates the employee, the any day during the calendar year, the computational procedures prescribed by employee’s spouse, or both have or employee experiences a change of status the Commissioner in forms, reasonably expect to have in effect with that reduces the employee’s instructions, publications, and other respect to one or more employers, withholding allowances, or withholding guidance for the calendar year for which determined based on the instructions to allowance in the manner described in the withholding allowance certificate is the withholding allowance certificate paragraph (b)(2) of this section, the in effect. and other guidance for the calendar year (2) The withholding allowance is for which the withholding allowance employee must, within 10 days after the determined based on the following— certificate is in effect. change occurs, furnish the employer (i) Whether the employee is an (c) Applicability date. The provisions with a new withholding allowance individual for whom a deduction is of this section apply on and after [DATE certificate claiming the withholding allowable with respect to another OF PUBLICATION OF FINAL allowance to which the employee is taxpayer under section 151; REGULATIONS IN THE FEDERAL entitled under § 31.3402(f)(1)–1(b), (ii) If the employee is married, REGISTER]. For rules that apply before unless paragraph (b)(3) of this section whether the employee’s spouse is an [DATE OF PUBLICATION OF FINAL applies to the employee. individual for whom a deduction is REGULATIONS IN THE FEDERAL (2) Changes of status. A change of allowable with respect to another REGISTER], see 26 CFR part 31, revised status occurs if any of the following taxpayer under section 151 but only if as of March 14, 2019. Under section changes occur on any day during the such spouse does not have in effect a 7805(b)(7) a taxpayer may choose to calendar year:

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(i) The employee’s filing status (3) Exception. If one or more of the is not required to furnish a new changes in the manner described in changes described in paragraph (b)(2) of withholding allowance certificate. § 31.3402(l)–1(c). this section occurs, but the total effect (f) Special rules—(1) Employer (ii) The employee no longer has only of the changes together with any other requests. Before December 1 of each one withholding allowance certificate in changes affecting the employee’s year, every employer should request effect for the employee, the employee’s anticipated tax liability under Subtitle A each employee to furnish a new spouse, or both, and the employee or the is not anticipated to result in an amount withholding allowance certificate for employee’s spouse selects higher of tax to be deducted and withheld from the next calendar year, in the event of withholding rate tables on the the employee’s wages under section a change to the employee’s withholding additional withholding allowance 3402 for the year that is less than the allowance. certificate, but higher withholding rate employee’s anticipated tax liability (2) Social security account numbers. tables are not selected on any previously under Subtitle A, the employee is not Every individual to whom a social furnished withholding allowance required to furnish a new withholding security number has been assigned must certificate. allowance certificate. include such number on any (iii) The employee has multiple (c) Increase in withholding allowance. withholding allowance certificate withholding allowance certificates in If, on any day during the calendar year, furnished to an employer. An employee effect on which higher withholding rate the employee experiences a change of may not use a truncated social security tables are not selected, and the status that increases the employee’s number (see § 301.6109–4) in employee or the employee’s spouse withholding allowance, the employee completing the withholding allowance reasonably expects an increase in may furnish the employer with a new certificate. For provisions relating to the regular wages for the calendar year (as withholding allowance certificate obtaining of an account number from defined in § 31.3402(g)–1(a)(1)(ii)) in claiming the withholding allowance the the Social Security Administration, see excess of $10,000. employee is entitled to under § 31.6011(b)–2. (3) Invalid withholding allowance (iv) The employee has included on a § 31.3402(f)(1)–1(b). (d) Exemption from withholding. If, certificates—(i) General rule. Any valid withholding allowance certificate on any day during the calendar year, the alteration of or unauthorized addition to the child tax credit allowed under certifications described in section a withholding allowance certificate section 24(a) but reasonably expects the 3402(n) and § 31.3402(n)–1(a)(1) and (2) causes such certificate to be invalid; see number of individuals who satisfy the are true with respect to an employee, § 31.3402(f)(5)–1(b) for the definitions of definition of ‘‘qualifying child’’ as the employee may furnish his employer alteration and unauthorized addition. defined in section 24(c) who will be with a withholding allowance certificate Any withholding allowance certificate reported on the employee’s income tax claiming exemption from withholding which the employee clearly indicates to return for the year for which tax is being in the manner described in forms, be false by an oral statement or by a withheld to be less than the number instructions, publications, and other written statement (other than one made taken into account in completing the guidance prescribed by the on the withholding allowance certificate withholding allowance certificate. Commissioner. itself) made by the employee to the (v) The employee has included on a (e) Change of status which affects next employer on or before the date on which valid withholding allowance certificate calendar year—(1) General rule. If, on the employee furnishes such certificate a tax credit allowed under section 24(a) any day during the calendar year, the is also invalid. For purposes of the or other tax credits allowed under withholding allowance to which the preceding sentence, the term § 31.3402(m)–1 but reasonably expects employee will be, or may reasonably be ‘‘employer’’ includes any individual the employee’s tax credits that will be expected to be, entitled under authorized by the employer either to reported on the employee’s income tax § 31.3402(f)(1)–1(b) for the next calendar receive withholding allowance return for the year for which tax is being year, but not for the current calendar certificates, to make withholding withheld to decrease by more than $500 year, decreases in the manner computations, or to make payroll from the amount taken into account in prescribed in paragraph (b)(2) of this distributions. completing the withholding allowance section, the employee must furnish a (ii) Employer disregard of invalid certificate. new withholding allowance certificate withholding allowance certificate. If an (vi) The employee has included on a claiming the withholding allowance the employer receives an invalid valid withholding allowance certificate employee is entitled to under withholding allowance certificate, the deductions allowed under § 31.3402(f)(1)–1(b) to take effect in the employer must disregard it for purposes § 31.3402(m)–1 but reasonably expects next calendar year by the later of of computing withholding. The the employee’s included income tax December 1 of the calendar year of the employer must inform the employee deductions that will be reported on the year in which the change occurs or who furnished the certificate that it is employee’s income tax return for the within 10 days after the change occurs, invalid, and must request another year for which tax is being withheld to unless paragraph (e)(2) of this section withholding allowance certificate from decrease by more than $2,300 from the applies to the employee. the employee. If the employee who amount taken into account in (2) Exception. If one or more of the furnished the invalid certificate fails to completing the withholding allowance changes in paragraph (b)(2) of this comply with the employer’s request, the certificate. section occurs, but the total effect of the employer must treat the employee as (vii) It is no longer reasonable for an changes together with any other changes single but having the withholding employee who has furnished the affecting the employee’s anticipated tax allowance provided by the forms, employer with a withholding allowance liability under subtitle A is not instructions, publications, and other certificate which relies upon the anticipated to result in an amount of tax guidance prescribed by the certifications described in § 31.3402(n)– to be deducted and withheld from the Commissioner. If, however, a prior 1(a) to anticipate that the employee will employee’s wages under section 3402 certificate is in effect with respect to the incur no liability for income tax for the employee’s next year that is less employee, the employer must continue imposed under subtitle A of the Code than the employee’s anticipated tax to withhold in accordance with the for the current or previous taxable year. liability under Subtitle A, the employee prior certificate.

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(g) Submission of certain withholding purposes of calculating the required for purposes of this paragraph (g)(2)(iii) allowance certificates and notice of amount of withholding. The notice will if— maximum withholding allowance specify the IRS office to be contacted for (A) The employer pays wages with permitted—(1) Submission of certain further information. The notice of respect to prior employment to the withholding allowance certificates—(i) maximum withholding allowance employee subject to income tax In general. An employer must submit to permitted may be issued if— withholding on or after the date the Internal Revenue Service (IRS) a (A) The IRS determines that a copy of specified in the notice; copy of any currently effective a withholding allowance certificate (B) The employer reasonably expects withholding allowance certificate as submitted under paragraph (g)(1) of this the employee to resume the directed in a written notice to the section or otherwise provided to the IRS performance of services for the employer from the IRS or as directed in includes a materially incorrect employer within twelve months of the published guidance. statement or determines, after a request date of the notice; or (A) Notice to submit withholding to the employee for verification of the (C) The employee is on a bona fide allowance certificates. A notice to the statements on the certificate, that the leave of absence and either the period employer to submit withholding IRS lacks sufficient information to of such leave does not exceed twelve allowance certificates may relate either determine if the certificate is correct; or months or the employee retains a right to reemployment with the employer to one or more named employees, to one (B) The IRS otherwise determines that under an applicable statute or by or more reasonably segregable units of the employee is not entitled to claim a the employer, or to withholding contract. complete exemption from withholding (iv) Requirement to withhold based on allowance certificates under certain and is not entitled to claim more than specified criteria. The notice will the notice. If the employer is required to a specified number of withholding furnish the employee notice to the designate the IRS office to which the exemptions, withholding allowances, or copies of the withholding allowance employee under paragraph (g)(2)(iii) of a specified withholding allowance. this section, then the employer must certificates must be submitted. (ii) Notice to employee. If the IRS Alternatively, upon notice from the IRS, withhold tax on the basis of the provides a notice to the employer under the employer must make available for maximum withholding allowance and this paragraph (g)(2), the IRS will also inspection by an IRS employee the filing status specified in the notice provide the employer with a similar withholding allowance certificates for any wages paid after the date notice for the employee (employee received from one or more named specified in the notice, except as notice) that identifies the maximum employees, from one or more reasonably provided in paragraphs (g)(2)(v) through withholding allowance permitted and segregable units of the employer, or (ix) of this section. The employer must specifies the filing status to be used for from employees who have furnished withhold tax in accordance with the calculating the required amount of withholding allowance certificates notice as of the date specified in the withholding for the employee. The under certain specified criteria. notice, which shall be no earlier than 45 (B) Published guidance. Employers employee notice will also indicate the calendar days after the date of the may also be required to submit copies process by which the employee can notice. of withholding allowance certificates provide additional information to the (v) Employment resumes after twelve under certain specified criteria when IRS for purposes of determining the months. If the employer is required to directed to do so by the IRS in appropriate withholding allowance and/ furnish the employee notice to the published guidance in the Internal or modifying the specified filing status. employee only pursuant to paragraph Revenue Bulletin (see § 601.601(d)(2) of The IRS will also mail a similar notice (g)(2)(iii)(B) of this section and the this chapter). to the employee’s last known address. employee resumes the performance of (ii) Withholding after submission of For further guidance regarding the services for the employer more than 12 withholding allowance certificate. After definition of last known address, see months after the date of the notice, then a copy of a withholding allowance § 301.6212–2 of this chapter. If the IRS the employer is not required to certificate has been submitted to the IRS is unable to determine a last known withhold based on the notice. under this paragraph (g)(1), the address for the employee, the IRS will (vi) Requirement to withhold based on employer must withhold tax on the use other available information as an existing Form W–4. If a withholding basis of the withholding allowance appropriate to mail the notice to the allowance certificate is in effect with certificate, if the withholding allowance employee. respect to the employee before the certificate meets the requirements of (iii) Requirement to furnish. If the employer receives a notice of the § 31.3402(f)(5)–1. However, the employee is employed by the employer maximum withholding allowance employer may not withhold on the basis as of the date of the notice, the employer permitted under this paragraph (g)(2), of the withholding allowance certificate must furnish the employee notice to the the employer must continue to withhold if the certificate must be disregarded employee within 10 business days of tax in accordance with the existing based on a notice of the maximum receipt. The employer may follow any withholding allowance certificate, withholding allowance permitted under reasonable business practice to furnish rather than on the basis of the notice, if the provisions of paragraph (g)(2) of this the copy of the notice to the employee. the existing withholding allowance section. For purposes of this paragraph (g)(2)(iii), certificate does not claim complete (2) Notice of the maximum the determination of whether an exemption from withholding and claims withholding allowance permitted—(i) employee is employed as of the date of a filing status, a withholding allowance, Notice to employer. The IRS may notify the notice is based on all the facts and and any additional amount under the employer in writing that the circumstances, including whether the § 31.3402(i)–1(a)(1) and (2) that results employee is not entitled to claim a employer has treated the employment in more withholding than would result complete exemption from withholding relationship as terminated for other from applying the filing status and or more than the maximum withholding purposes. An employee who is not withholding allowance specified in the allowance specified by the IRS in the performing services for the employer as notice. written notice. The notice will also of the date of the notice is employed by (vii) Modification notice. After issuing specify the applicable filing status for the employer as of the date of the notice the notice specifying the maximum

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withholding allowance permitted and withholding than would result under on the notice. In Year 2, Employee D the filing status, the IRS may issue a the notice or modification notice. If the terminates the employment relationship. subsequent notice to the employer and employee wants to put a new certificate Employee D applies for a different position the employee that modifies the original into effect that results in less with Employer X and resumes employment notice (modification notice). The withholding than that required under 10 months after having left her previous position with Employer X. Since Employer X modification notice may change the the notice or modification notice, the rehired Employee D within 12 months after filing status and/or the withholding employee must contact the IRS. The the termination of employment, Employer X allowance permitted. The employer employer must withhold on the basis of must withhold based on the notice. must withhold based on the the notice or modification notice unless (v) Example 5. Employer Y receives a modification notice as of the date the IRS subsequently notifies the notice from the IRS that identifies the specified in the modification notice. employer to withhold based on the new maximum withholding allowance permitted (viii) Requirement to withhold after certificate. and specifies the filing status for Employee termination of employment. If the (3) Definition of employer. For E. Employer Y must furnish the employee employee is employed as of the date of purposes of this paragraph (g), the term notice to Employee E within 10 business the notice under paragraph (g)(2)(iii) of employer includes any person days of receipt. After receipt of this notice, Employee E contacts the IRS and establishes this section but the employer or authorized by the employer to receive employee terminates the employment that the employee is entitled to claim a withholding allowance certificates, to modified filing status and withholding relationship after the date of the notice, make withholding computations, or to allowance. Employer Y receives a the employer must continue to withhold make payroll distributions. modification notice from the IRS that based on the maximum withholding (4) Examples. The following examples changes the maximum withholding allowance and the filing status specified illustrate the rules of this section. allowance permitted for Employee E. in the notice or a modification notice if Employer Y must withhold tax based on the any wages subject to income tax (i) Example 1. Employer U receives a modification notice as of the date specified notice from the IRS that identifies the in such notice. withholding are paid with respect to the maximum withholding allowance permitted prior employment after such date. (vi) Example 6. Employer Z pays and specifies the filing status for Employee remuneration to Employee F, a United States Furthermore, the employer must A. Employee A is not currently performing withhold based on the notice or citizen, for services performed in Country M. any services for Employer U. However, Employer Z receives a notice from the IRS in modification notice if the employee Employer U is continuing to make certain Year 1 that identifies the maximum resumes an employment relationship wage payments to Employee A. Employer U withholding allowance permitted and with the employer within 12 months must furnish the employee notice to specifies the filing status for Employee F. after the termination of the employment Employee A within 10 business days of Employer Z must furnish the employee relationship. Whether the employment receipt and must withhold based on the notice to Employee F within 10 business relationship is terminated is based on notice on any wages paid to Employee A on days of receipt. Employer Z reasonably or after the date specified in the notice. all the facts and circumstances. believes all the remuneration paid to (ii) Example 2. Employer V receives a Employee F in Year 1 is excluded from (ix) Requirement to withhold based on notice in October of Year 1 from the IRS that new Form W–4. The employee may Employee F’s gross income under section identifies the maximum withholding 911. Since section 3401(a)(8)(B) excludes furnish a new withholding allowance allowance permitted and specifies the filing certificate after the employer receives a such remuneration from wages for income status for Employee B. Employee B has not tax withholding purposes, Employer X does notice or modification notice from the performed services for Employer V since not have to withhold on such remuneration, IRS of the maximum withholding August of Year 1. However, since Employee notwithstanding the maximum withholding allowance permitted under this B has performed services for Employer V for allowance permitted and filing status paragraph (g)(2). several years on a seasonal basis, Employer specified in the notice. In Year 2, Employee (A) Employee requests more V reasonably expects Employee B to resume F returns to the United States to perform withholding. If the employee furnishes a the performance of services for Employer V services. Employer Z does not reasonably new withholding allowance certificate in June of Year 2, a date that is within 12 believe any part of Employee F’s months of the date of the notice. Employer remuneration paid in Year 2 is excluded from after the employer receives the notice or V is required to furnish the notice to modification notice, the employer must Employee F’s gross income under section Employee B within 10 business days of 911. Rather, Employer Z reasonably believes withhold tax on the basis of that new receipt. Employee B does not resume the certificate only if the new certificate that remuneration paid to Employee F in performance of services with Employer V Year 2 is subject to income tax withholding. does not claim complete exemption until June of Year 3. Employer V is not Employer Z must withhold on the from withholding and claims a filing required to withhold based on the notice. remuneration paid to Employee F in Year 2 status, a withholding allowance, and (iii) Example 3. Employer W receives a based on the notice. any additional amount under notice from the IRS that identifies the § 31.3402(i)–1(a)(1) and (2) that results maximum withholding allowance permitted (h) Applicability date. The provisions and specifies the filing status for Employee of paragraph (g) of this section apply on in more withholding than would result C. Employee C began a 4-month unpaid under the notice or modification notice. maternity leave of absence three weeks before February 13, 2020. For rules that apply (B) Employee requests less Employer W received the notice. Employer W under paragraph (g) before February 13, withholding. If the employee furnishes a must furnish the employee notice to 2020, see 26 CFR part 31, revised as of new withholding allowance certificate Employee C within 10 business days of March 14, 2019. The provisions of after the employer receives the notice or receipt. When her maternity leave ends and paragraphs (a) through (f) of this section modification notice, the employer must Employee C resumes performing services for apply on and after [DATE OF disregard the new certificate and Employer W, Employer W must withhold PUBLICATION OF FINAL withhold on the basis of the notice or based on the notice. REGULATIONS IN THE FEDERAL modification notice if the employee (iv) Example 4. Employer X receives a REGISTER]. For rules that apply before notice from the IRS in Year 1 that identifies claims complete exemption from the maximum withholding allowance [DATE OF PUBLICATION OF FINAL withholding or claims a filing status, a permitted and specifies the filing status for REGULATIONS IN THE FEDERAL withholding allowance, and any Employee D. Employer X must furnish the REGISTER], see 26 CFR part 31, revised additional amount under § 31.3402(i)– employee notice to Employee D within 10 as of March 14, 2019. Under section 1(a)(1) and (2) that results in less business days of receipt and withhold based 7805(b)(7) a taxpayer may choose to

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apply paragraphs (a) through (g) of this ■ Par. 11. Newly redesignated § 31.3402(f)(2)–1(g)(2), and the section on and after January 1, 2020. § 31.3402(f)(4)–1 is revised to read as employee fails to furnish the employer ■ Par. 8. Section 31.3402(f)(3)–1 is follows: a valid withholding allowance revised to read as follows: certificate, then the employee will be § 31.3402(f)(4)–1 Effective period of a treated as single but having the withholding allowance certificate. § 31.3402(f)(3)–1 When withholding withholding allowance provided in allowance certificate takes effect. (a) In general. Except as provided in forms, instructions, publications, and (a) No withholding allowance paragraph (b) of this section and other guidance prescribed by the certificate on file. A withholding § 31.3402(f)(2)–1(g)(2), a withholding Commissioner, in accordance with allowance certificate furnished to the allowance certificate that takes effect § 31.3402(f)(2)–1(a)(4). employer in any case in which no under section 3402(f) of the Internal (e) Applicability date. The provisions previous withholding allowance Revenue Code of 1986 continues in of this section apply on and after [DATE certificate is in effect with such effect with respect to the employee until OF PUBLICATION OF FINAL employer, takes effect as of the another withholding allowance REGULATIONS IN THE Federal beginning of the first payroll period certificate takes effect under section Register]. For rules that apply before ending, or the first payment of wages 3402(f). [DATE OF PUBLICATION OF FINAL made without regard to a payroll period, (b) Certifications under section REGULATIONS IN THE Federal on or after the date on which such 3402(n) eliminating requirement of Register], see 26 CFR part 31, revised as certificate is so furnished. withholding. The certifications of March 14, 2019. Under section (b) Withholding allowance certificate described in § 31.3402(n)–1(a) made by 7805(b)(7) a taxpayer may choose to on file. Except as provided in paragraph an employee with respect to the apply this section on and after January (c) of this section, a withholding employee’s preceding taxable year and 1, 2020. allowance certificate furnished to the current taxable year are effective until ■ Par. 12. Section 31.3402(f)(5)–1 is employer in any case in which a either a new withholding allowance revised to read as follows: previous withholding allowance certificate furnished by the employee certificate is in effect with such takes effect or the existing certificate § 31.3402(f)(5)–1 Form and contents of withholding allowance certificates employer takes effect as of the beginning that relies upon such certifications of the 1st payroll period ending (or the expires. If an employee’s certificate (a) In general—(1) Form W–4. Form 1st payment of wages made without expires and the employee fails to W–4, ‘‘Employee’s Withholding regard to a payroll period) on or after furnish a valid withholding allowance Certificate,’’ previously called the 30th day after the day on which certificate, the employee will be treated ‘‘Employee’s Withholding Allowance such certificate is so furnished. as single but having the withholding Certificate,’’ is the form prescribed for However, the employer may elect to put allowance provided in forms, the withholding allowance certificate a withholding allowance certificate into instructions, publications, and other required to be furnished under section effect earlier, beginning with any guidance prescribed by the IRS. In no 3402(f)(2). A withholding allowance payment of wages on or after the day on case shall a withholding allowance certificate must be prepared in which the certificate is so furnished. certificate that relies upon such accordance with the instructions (c) Withholding allowance certificate certifications be effective with respect to applicable thereto, and must set forth furnished to take effect in next calendar any payment of wages made to an fully and clearly the information that is year. A withholding allowance employee: called for therein. In lieu of the certificate furnished to the employer (1) In the case of an employee whose prescribed form, an employer may pursuant to section 3402(f)(2)(C) (see liability for tax under subtitle A is prepare and provide to employees a § 31.3402(f)(2)–1(e) or § 31.3402(l)–1(c)) determined on a calendar year basis, form the provisions of which are which effects a change for the next after February 15 of the calendar year identical to those of the prescribed form, calendar year, does not take effect, and following the estimation year, or but only if the employer also provides may not be made effective, with respect (2) In the case of an employee to employees with all the tables, to the calendar year in which the whom paragraph (b)(1) of this section instructions, and worksheets set forth in certificate is furnished. does not apply, after the 15th day of the the Form W–4 in effect at that time, and (d) Applicability date. The provisions 2nd calendar month following the last only if the employer complies with all of this section apply on [DATE OF day of the estimation year. revenue procedures relating to PUBLICATION OF FINAL (c) Estimation year. The estimation substitute forms in effect at that time. REGULATIONS IN THE FEDERAL year is the taxable year including the (2) Employee substitute forms. REGISTER]. For rules that apply before day on which the employee furnishes Employers are prohibited from [DATE OF PUBLICATION OF FINAL the withholding allowance certificate to accepting a substitute form developed REGULATIONS IN THE FEDERAL the employer, except that if the by an employee, and an employee REGISTER], see 26 CFR part 31, revised employee furnishes the withholding furnishing such form will be treated as as of March 14, 2019. Under section allowance certificate to the employer failing to furnish a withholding 7805(b)(7) a taxpayer may choose to and specifies on the certificate that the allowance certificate. For further apply this section on and after January certificate is not to take effect until a guidance regarding the employer’s 1, 2020. specified future date, the estimation obligations when an employee is treated year will be the taxable year including as failing to furnish a withholding § 31.3402(f)(4)–1 [Removed] that specified future date. allowance certificate, see ■ Par. 9. Section 31.3402(f)(4)–1 is (d) Applicability to notice of § 31.3402(f)(2)–1. removed. maximum withholding allowance. If a (3) Current year revision. Only the withholding allowance certificate is no Form W–4 revision in effect for a § 31.3402(f)(4)–2 [Redesignated as longer in effect because of the calendar year may be furnished by an § 31.3402(f)(4)–1] application of § 31.3402(f)(2)–1(g)(2), employee in that calendar year and ■ Par. 10. Section 31.3402(f)(4)–2 is the employer is no longer required to given legal effect by the employer, redesignated as § 31.3402(f)(4)–1. withhold pursuant to any notice under unless provided otherwise in forms,

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instructions, publications, or other furnishing of a Form W–4. In addition, (d) Applicability date. The provisions guidance, except that an employee may the design and operation of the of this section apply on and after [DATE furnish the Form W–4 revision for the electronic system, including access OF PUBLICATION OF FINAL following calendar year in the current procedures, must make it reasonably REGULATIONS IN THE Federal calendar year to take effect for the certain that the person accessing the Register], except that paragraph (a)(3) of following calendar year. system and furnishing the Form W–4 is this section applies on and March 16, (4) Examples. The following examples the employee identified in the form. 2020. For rules that apply before [DATE illustrate the rule in paragraph (a)(3) of (ii) Information to employer. The OF PUBLICATION OF FINAL this section. electronic furnishing must provide the REGULATIONS IN THE Federal (i) Example 1. Employee A furnishes a employer with exactly the same Register], see 26 CFR part 31, revised as 2019 Form W–4 to Employer X in calendar information as the current version of the of March 14, 2019. Under section year 2020. The 2019 Form W–4 furnished by official Internal Revenue Service (IRS) 7805(b)(7) a taxpayer may choose to Employee A in 2020 has no legal effect. Form W–4 available on irs.gov. apply this section on and after January Employer X must disregard this 2019 Form (iii) Information to employee. The 1, 2020. W–4 furnished in 2020 and continue to electronic Form W–4 system must ■ Par. 13. Section 31.3402(f)(6)–1 is withhold based on a previously furnished revised to read as follows: Form W–4 that has been in effect for provide the employee with the same Employee A, if any. If Employee A has no information as the current version of the § 31.3402(f)(6)–1 Withholding exemptions Form W–4 in effect, she is treated as having official IRS Form W–4 available on for nonresident alien individuals. no valid withholding allowance certificate in irs.gov and must satisfy any (a) In general. (1) A nonresident alien effect. requirements specified by the IRS in individual (other than a nonresident (ii) Example 2. Employee A furnishes a forms, publications, and other guidance. alien individual treated as a resident 2021 Form W–4 to Employer X in calendar The electronic Form W–4 system must under section 6013(g) or (h)) subject to year 2020 to take effect in calendar year 2021. provide employees the ability to claim The 2021 Form W–4 is valid, and the withholding under section 3402 is on exemption from withholding under employer must put this form in effect in 2021 any one day entitled to the number of section 3402(n) and must include the in accordance with the timing rules in withholding exemptions corresponding two certifications described in § 31.3402(f)(3)–1. to the number of personal exemptions to § 31.3402(n)–1(a). (b) Invalid Form W–4. A Form W–4 which the nonresident alien is entitled (iv) Jurat and signature requirements. does not meet the requirements of on such day by reason of the application The electronic furnishing must be section 3402(f)(5) or this section and is of section 873(b)(3) or section 876, signed by the employee under penalties invalid if it includes an alteration or whichever applies. Thus, a nonresident of perjury. unauthorized addition. For purposes of alien individual who is not a resident of § 31.3402(f)(2)–1(f)(3) and this (A) Jurat. The jurat (perjury statement) Canada or Mexico and who is not a paragraph (b)— must contain the language that appears resident of Puerto Rico during the entire (1) An alteration of a withholding on the paper Form W–4. The electronic taxable year, is allowed only one allowance certificate is any deletion of program must inform the employee that withholding exemption. the language of the jurat or other similar he or she must make the declaration set (2) The withholding exemption in provision of such certificate by which forth in the jurat and that the paragraph (a) of this section and section the employee certifies or affirms the declaration is made by signing the Form 3402(f)(6) is the deduction allowed to correctness of the completed certificate, W–4. The instructions and the language the nonresident alien individual under or any material defacing of such of the jurat must immediately follow the section 151. certificate; employee’s income tax withholding (b) Additional guidance. A (2) An unauthorized addition to a selections and immediately precede the nonresident alien individual (other than withholding allowance certificate is any employee’s electronic signature. a nonresident alien individual treated as writing on such certificate other than (B) Electronic signature. The a resident under section 6013(g) or (h)) the entries requested on the Form W–4 electronic signature must identify the subject to withholding must follow (e.g., name, address, and filing status) or employee furnishing the electronic administrative guidance such as forms, permitted by instructions or other Form W–4 and authenticate and verify instructions, publications, or other guidance. For purposes of this rule, an the furnishing. For this purpose, the guidance prescribed by the IRS to entry claiming exemption from terms ‘‘authenticate’’ and ‘‘verify’’ have determine the nonresident alien’s withholding that is accompanied by the same meanings as they do when withholding allowance. other entries on the Form W–4 (other applied to a written signature on a paper (c) Applicability date. The provisions than the employee’s filing status) that Form W–4. An electronic signature can of this section apply on and after [DATE could potentially affect the amount of be in any form that satisfies the OF PUBLICATION OF FINAL income tax deducted and withheld from foregoing requirements. The electronic REGULATIONS IN THE FEDERAL the employee’s pay is an unauthorized signature must be the final entry in the REGISTER]. For rules that apply before addition; consequently, the employer employee’s Form W–4 furnishing. [DATE OF PUBLICATION OF FINAL must treat the Form W–4 as an invalid (v) Copies of electronic Forms W–4. REGULATIONS IN THE FEDERAL Form W–4. Upon request by the Internal Revenue REGISTER], see 26 CFR part 31, revised (c) Electronic Form W–4—(1) In Service, the employer must supply a as of March 14, 2019. Under section general. An employer may establish a hard copy of the electronic Form W–4 7805(b)(7) a taxpayer may choose to system for its employees to furnish and a statement that, to the best of the apply this section on and after January withholding allowance certificates employer’s knowledge, the electronic 1, 2020. electronically. Form W–4 was furnished by the named ■ Par. 14. Section 31.3402(g)–1 is (2) Requirements—(i) In general. The employee. The hardcopy of the amended by electronic system must ensure that the electronic Form W–4 must provide ■ 1. In paragraph (a)(2), revising the information received is the information exactly the same information as, but second sentence. sent, and must document all occasions need not be a facsimile of, the paper ■ 2. In paragraph (a)(7)(ii), revising the of employee access that result in the Form W–4. first sentence.

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■ 3. Adding paragraph (d). withhold an additional amount of forms, instructions, publications, and The revisions and addition read as income tax resulting from this addition other guidance prescribed by the follows: under the computational procedures Commissioner. prescribed by the IRS in forms, (b) Employee’s filing status. An Sec. 31.3402(g)–1 Supplemental wage instructions, publications, and other employee will be treated as single payments. guidance for the calendar year for which unless the employee selects head of (a) * * * the withholding allowance certificate household or married filing jointly filing (2) * * * This flat rate shall be claiming an additional amount to add to status on a valid withholding allowance applied without regard to whether the employee’s wages is furnished; certificate. Employees may select a income tax has been withheld from the (ii) The employee may request that filing status other than single, subject to employee’s regular wages, and without the employer deduct and withhold the following conditions: regard to any entries on Form W–4, additional amounts of income tax (1) The employee may select head of including whether the employee has resulting from the employee selecting household filing status on the claimed exempt status on Form W–4 or higher withholding rate tables on the employee’s withholding allowance whether the employee has requested withholding allowance certificate; certificate only if the employee additional withholding on Form W–4, (iii) The employer must comply with reasonably expects to be eligible to and without regard to the withholding the employee’s request under paragraph claim head of household filing status method used by the employer. * * * (a)(1)(i) or (ii) of this section, except that under section 2(b) and § 1.2–2(b) of this * * * * * the employer shall comply with the chapter on the employee’s income tax (7) * * * employee’s request only to the extent return. (ii) * * * The determination of the that the amount that the employee (2) The employee may select married tax to be withheld under paragraph requests to be deducted and withheld filing jointly filing status on the (a)(7)(iii) of this section is made without under this section does not exceed the employee’s withholding allowance reference to any payment of regular amount that remains after the employer certificate only if paragraph (d) of this wages and without regard to any entries has deducted and withheld all amounts section applies to the employee and the on the Form W–4 other than the entry otherwise required to be deducted and employee reasonably expects to file claiming exempt status on Form W–4 withheld by Federal law (other than by jointly a single return of income under (see § 31.3402(n)-1(b)). * * * section 3402(i) and this section), State Subtitle A with the employee’s spouse. * * * * * law, and local law (other than by State If an employee is married and expects (d) Applicability date. The provisions or local law that provides for voluntary to file a separate return from the of paragraph (a)(2) and (a)(7)(ii) of this withholding); and employee’s spouse, the employee must section apply on and after [DATE OF (iv) The employer must comply with select single or married filing separately PUBLICATION OF FINAL the employee’s request in accordance filing status on the employee’s REGULATIONS IN THE FEDERAL with the time limitations in withholding allowance certificate. REGISTER]. Under section 7805(b)(7) a § 31.3402(f)(3)–1. The employee must (c) Change in filing status—(1) In taxpayer may choose to apply paragraph make the request on Form W–4 as general. Unless paragraph (c)(2) of this (a)(2) and (a)(7)(ii) of this section on and provided in § 31.3402(f)(5)–1 (relating to section applies, the employee must after January 1, 2020. form and contents of withholding within 10 days furnish the employer allowance certificates), and this Form with a new withholding allowance § 31.3402(h)(4)–1 [Amended] W–4 shall take effect and remain certificate if the employee’s filing status ■ Par. 15. Section 31.3402(h)(4)-1 is effective in accordance with section changes— amended by removing paragraph (b) and 3402(f) and § 31.3402(f)(4)–1. (i) From married filing jointly (or redesignating paragraph (c) as paragraph (3) Amount deducted treated as tax. qualifying widow(er)) to head of (b). The amount deducted and withheld household, married filing separately, or pursuant to paragraphs (a)(1) and (2) of single, or § 31.3402(i)–1 [Removed] this section shall be treated as tax (ii) From head of household to ■ Par. 16. Section 31.3402(i)–1 is required to be deducted and withheld married filing separately or single. removed. under section 3402. (b) Applicability date. The provisions (2) Exception. If the employee’s filing § 31.3402 (i)–2 [Redesignated as of paragraph (a)(2) and (3) of this section status changes in the manner described § 31.3402(i)–1] apply on and after [DATE OF in paragraph (c)(1)(i) or (ii) of this ■ Par. 17. Section 31.3402(i)–2 is PUBLICATION OF FINAL section, but the total effect of the redesignated as § 31.3402(i)–1. REGULATIONS IN THE FEDERAL changes together with other changes ■ Par. 18. Newly redesignated REGISTER]. Under section 7805(b)(7) a affecting the employee’s anticipated tax § 31.3402(i)–1 is amended by: taxpayer may choose to apply liability under Subtitle A does not result ■ 1. Revising the section heading. paragraphs (a)(2) and (3) of this section in an amount of tax to be deducted and ■ 2. Revising paragraph (a)(2). on and after January 1, 2020. withheld from the employee’s wages for ■ 3. Adding paragraph (a)(3). ■ Par. 19. Section 31.3402(l)–1 is the taxable year that is less than the ■ 4. Revising paragraph (b). revised to read as follows: employee’s anticipated tax liability The revisions and addition read as under Subtitle A, the employee is not follows: § 31.3402 (l)–1 Determination and required to furnish a new withholding disclosure of marital or filing status. allowance certificate within 10 days. § 31.3402 (i)–1 Increases in withholding. (a) In general. An employer shall However, the employee must furnish a (a) * * * apply the applicable percentage method new withholding allowance certificate (2) Increases in withholding based on or wage bracket method withholding to take effect the following calendar year additional income. (i) The employee tables corresponding to the marital by the later of December 1 of the may request that the employer add an status or filing status that the employee calendar year in which the employee’s additional amount to the employee’s selects on a valid withholding filing status changes, or within 10 days wages and that the employer deduct and allowance certificate as set forth in of such change.

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(d) Determination of marital status. into account the estimated tax Estimator (or successor) or Publication For the purposes of section 3402(l)(2) deductions described in paragraph (b) of 505 (or successor), and the employee is and paragraph (b) of this section, this section, the estimated tax credits not an employee whose employer must paragraphs (d)(1) and (2) of this section described in paragraph (c) of this withhold for that employee pursuant to shall be applied in determining whether section, and estimated tax payments a notice under § 31.3402(f)(2)–1(g)(2); an employee is a single person or a described in paragraph (d) of this (2) The credit for tax withheld at married person: section. Employees may only claim source for nonresident aliens and (1) An employee shall on any day be items in paragraphs (b), (c), and (d) of foreign corporations under section 33; considered as a single person and not this section to the extent provided in and married if— paragraph (e) of this section. (3) Any credit to the extent that the (i) The employee is legally separated (b) Estimated tax deductions. employee has filed or expects to file any from the employee’s spouse under a Employees may take into account the IRS form claiming such credit other decree of divorce or separate following income tax deductions in than the employee’s United States maintenance, or chapter 1: Individual Income Tax Return (Form (ii) Either the employee or the (1) Estimated itemized deductions (as 1040). employee’s spouse is, or on any defined in section 63(d)) allowable (d) Estimated tax payments. preceding day within the same calendar under chapter 1; Employees may take into account year was, a nonresident alien unless the (2) Estimated deductions described in estimated tax payments paid to date employee has made or reasonably section 62(a), except for— only if— expects to make an election under (i) Any deduction described in section (1) The employee’s employer is not section 6013(g) in the time and manner 62(a)(1); obligated to withhold on the employee’s prescribed in § 1.6013–6(a)(4) of this (ii) Any deduction described in wages pursuant to a notice under chapter. section 62(a)(2) if the reimbursement or § 31.3402(f)(2)–1(g)(2); (2) An employee shall on any day be payment for the amount allowable as (2) The amount claimed has been paid considered as a married person if such deduction is excludable from with the payment voucher from Form paragraph (d)(1) of this section does not wages subject to income tax 1040–ES (or was otherwise designated apply and— withholding; by the taxpayer as a payment of (iii) Any deduction described in (i) The employee is married within estimated tax); (3) The employee uses section 62(a)(3); the meaning of § 301.7701–18(b) of this the Tax Withholding Estimator (or (iv) Any deduction described in chapter on the day the withholding successor) and enters the amount section 62(a)(4); and allowance certificate is furnished; claimed pursuant to the instructions in (ii) The employee’s spouse died (v) Any deduction described in section 62(a)(5). the Tax Withholding Estimator (or during the employee’s taxable year; or successor); and (iii) The employee’s spouse died (3) Estimated deductions for net (4) In using the Tax Withholding during one of the two taxable years operating loss carryovers under section Estimator (or successor product), the immediately preceding the current 172; employee includes all items of nonwage taxable year and, on the basis of facts (4) The estimated aggregate net losses income the Tax Withholding Estimator existing at the beginning of such day, from schedules C (Profit or Loss from (or successor product) prompts the the employee reasonably expects, at the Business), D (Capital Gains and Losses), employee to enter. close of the taxable year, to be a E (Supplemental Income and Loss), and (e) Definitions and special rules—(1) surviving spouse as defined in section 2 F (Profit or Loss from Farming) of Form Estimated. The term ‘‘estimated’’ as and § 1.2–2(a) of this chapter. The 1040 and from the last line of Part II of used in this section to modify the terms employee must reasonably expect to file Form 4797 (Sale of Business Property); ‘‘deduction,’’ ‘‘deductions,’’ ‘‘credits,’’ an income tax return claiming (5) Estimated additional standard ‘‘losses,’’ and ‘‘amount of decrease’’ qualifying widow(er) status. deduction for the aged and blind means with respect to an employee the (e) Applicability date. The provisions provided under section 63(c)(3) and aggregate dollar amount of a particular of this section apply on and after [DATE section 63(f); item that the employee reasonably OF PUBLICATION OF FINAL (6) Estimated deduction allowed expects will be allowable to the REGULATIONS IN THE FEDERAL under section 199A; and employee on the employee’s income tax REGISTER]. For rules that apply before (7) Estimated deduction or deductions return for the estimation year under the [DATE OF PUBLICATION OF FINAL allowed under section 151. section of the Code specified for each REGULATIONS IN THE FEDERAL (c) Estimated tax credits. Employees item. In no event shall that amount REGISTER], see 26 CFR part 31, revised may take into account the estimated exceed the sum of: as of March 14, 2019. Under section income tax credits allowable under 7805(b)(7) a taxpayer may choose to chapter 1, except for— (i) The amount shown for that apply this section on and after January (1) The credit under section 31(a) for particular item on the income tax return 1, 2020. taxes withheld under chapter 24 (which that the employee has filed for the ■ Par. 20. Section 31.3402(m)–1 is includes taxes withheld on wages and taxable year preceding the estimation revised to read as follows: amounts treated as wages for chapter 24 year (or, if such return has not yet been purposes, such as pension withholding filed, then the income tax return that the § 31.3402 (m)–1 Additional withholding under section 3405 and backup employee filed for the taxable year allowance. withholding under section 3406) unless, preceding such year), which amount the (a) In general. In determining the on the day the employee estimates this employee also reasonably expects to withholding allowance or additional amount, the amount has been actually show on the income tax return for the reductions in withholding under section withheld from the employee’s wages (or estimation year, plus 3402(m) on employee withholding another payment treated as wages for (ii) The determinable additional allowance certificates furnished to the this purpose), the employee enters this amounts (as defined in paragraph employer to be effective on or after amount of tax withheld pursuant to the (e)(1)(iii) of this section) for each item January 1, 2020, employees may take instructions in the Tax Withholding for the estimation year.

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(iii) The determinable additional gross income in the manner determined apply this section on and after January amounts are amounts that are not by the Commissioner. 1, 2020. included in paragraph (e)(1)(i) of this (3) Multiple withholding allowance ■ Par. 21. Section 31.3402(n)–1 is section and that are demonstrably certificates—(i) In general. The revised to read as follows: attributable to identifiable events during employee may not take into account deductions, credits, or estimated tax § 31.3402 (n)–1 Employees incurring no the estimation year or the preceding income tax liability. year. Amounts are demonstrably payments described in paragraph (b), attributable to identifiable events if they (c), or (d) of this section if these (a) In general. Notwithstanding any relate to payments already made during deductions, credits, or estimated tax other provision of this subpart (except the estimation year, to binding payments are claimed on another valid to the extent a payment of wages is obligations to make payments withholding allowance certificate in subject to withholding under (including the payment of taxes) during effect with respect to another employer § 31.3402(g)–1(a)(2)), an employer shall the year, and to other transactions or of the employee or any employer of the not deduct and withhold any tax under occurrences, the implementation of employee’s spouse. chapter 24 upon a payment of wages which has begun and is verifiable at the (ii) Married taxpayers filing jointly. made to an employee, if there is in effect time the employee furnishes a Married taxpayers who reasonably with respect to the payment a withholding allowance certificate. The expect to file as married filing jointly on withholding allowance certificate estimation year is the taxable year their federal income tax return for the furnished to the employer by the including the day on which the estimation year determine the employee which certifies that— (1) The employee incurred no liability employee furnishes the withholding withholding allowance to which they for income tax imposed under subtitle A allowance certificate to the employer, are entitled under section 3402(m) on of the Internal Revenue Code for the except that if the employee furnishes the basis of their combined wages, employee’s preceding taxable year; and the withholding allowance certificate to allowable credits or deductions, and estimated tax payments permitted to be (2) The employee anticipates that the the employer and specifies on the employee will incur no liability for certificate that the certificate is not to taken into account. The deductions, credits, or estimated tax payments income tax imposed under subtitle A for take effect until a specified future date, the employee’s current taxable year. the estimation year shall be the taxable described in paragraphs (b), (c), and (d) of this section to which either spouse is (b) Mandatory flat rate withholding. year including that specified future To the extent wages are subject to date. It is not reasonable for an entitled may be claimed by either spouse or may be allocated between income tax withholding under employee to include in his or her § 31.3402(g)–1(a)(2), such wages are withholding computation for the both spouses. However, one spouse may not claim deductions, credits, or subject to such income tax withholding estimation year any amount that is estimated tax payments described in regardless of whether a withholding shown for a particular item on the paragraphs (b), (c), and (d) of this allowance certificate under section income tax return that the employee has section claimed on the other spouse’s 3402(n) and this section has been filed for the taxable year preceding the withholding allowance certificate. furnished to the employer. estimation year (or, if such return has (iii) Married taxpayers filing (c) Liability for income tax. For not yet been filed, then the income tax separately. A married taxpayer who purposes of section 3402(n) and this return that the employee filed for the reasonably expects to file a separate section, an employee is not considered taxable year preceding such year) and income tax return from the employee’s to incur liability for income tax imposed that has been disallowed by the Service spouse for the estimation year under subtitle A if the amount of such as part of an adjustment described in determines the withholding allowance tax imposed is equal to or less than the § 601.103(b) of this chapter (relating to deductions, credits, or estimated tax total amount of credits against such tax examination and determination of tax payments described in paragraphs (b), which are allowable under chapter 1 of liability) and § 601.105(b) through (d) of (c), and (d) of this section on the basis the Internal Revenue Code, other than this chapter (relating to examination of of the employee’s individual wages, those credits allowable under section 31 returns), without regard to any pending deductions, credits, and estimated tax or 34. For purposes of this section, an request for reconsideration, protest, payments. employee who files a joint return under request for consideration by an Appeals (4) IRS instructions. An employee section 6013 is considered to incur office, or civil action in which such must follow the instructions to the Form liability for any tax shown on such proposed adjustment is at issue. W–4, and other IRS forms, instructions, return. An employee who is entitled to (2) Restriction for employees with publications, and related guidance in file a joint return under section 6013 non-wage income. The employee must determining the employee’s shall not certify that the employee offset any deduction described in withholding allowance or other anticipates that he or she will incur no paragraph (b) of this section with items reductions in withholding permitted liability for income tax imposed by includible in the employee’s gross under section 3402(m) for deductions, subtitle A for the employee’s current income for which no Federal income tax credits, or estimated tax payments taxable year if such statement would not is withheld in accordance with forms, described in paragraphs (b), (c), and (d) be true in the event that the employee instructions, publications, and other of this section. files a joint return for such year, unless guidance prescribed by the (f) Applicability date. The provisions the employee filed a separate return for Commissioner. In addition, an employee of this section apply on or after [DATE the preceding taxable year and whose employer must withhold for that OF PUBLICATION OF FINAL anticipates that the employee will file a employee pursuant to a notice under REGULATIONS IN THE FEDERAL separate return for the current taxable § 31.3402(f)(2)–1(g)(2) must offset any REGISTER]. For rules that apply before year. tax benefit resulting from any deduction [DATE OF PUBLICATION OF FINAL (d) Rules about withholding or credit described in paragraph (b) or REGULATIONS IN THE FEDERAL allowance certificates. For rules relating (c) of this section with the anticipated REGISTER], see 26 CFR part 31, revised to invalid withholding allowance income tax attributable to items other as of March 14, 2019. Under section certificates, see § 31.3402(f)(2)–1(h), and than wages includible in the employee’s 7805(b)(7) a taxpayer may choose to for rules relating to disregarding certain

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withholding allowance certificates on payments of wages to A made after February (3) Example 3. Assume the facts are the which an employee claims a complete 15, 2022. same as in Example 1 in paragraph (e)(1) of exemption from withholding, see (2) Example 2. Assume the facts are the this section except that for 2020 A has § 31.3402(f)(2)–1(i). same as in Example 1 in paragraph (e)(1) of taxable income of $8,000, income tax liability this section except that A had been employed of $839, and income tax withheld of $1,195. (e) Examples. The following examples by the employer prior to April 20, 2021, and Although A received a refund of $356 due to illustrate this section: had furnished the employer a withholding income tax withholding of $1,195, A may not (1) Example 1. A, an unmarried, calendar- allowance certificate prior to furnishing the certify on A’s withholding allowance year basis taxpayer, files an income tax withholding allowance certificate including certificate that A incurred no liability for return for 2020 on April 10, 2021, showing the certifications described in paragraph (a) income tax imposed by subtitle A for 2020. that A had adjusted gross income of $5,000 of this section on April 20, 2021. Under (f) Applicability date. The provisions § 31.3402(f)(3)–1(b), the employer would be and is not liable for any income tax for 2020. of this section apply on and after [DATE A had $180 of income tax withheld during required to give effect to the new 2020. A anticipates that A’s gross income for withholding allowance certificate no later OF PUBLICATION OF FINAL 2021 will be approximately the same amount, than the beginning of the first payroll period REGULATIONS IN THE FEDERAL and that A will not incur income tax liability ending (or the first payment of wages made REGISTER]. for that year. On April 20, 2021, A without regard to a payroll period) on or after For rules that apply before [DATE OF commences employment and furnishes the May 20, 2021. However, under PUBLICATION OF FINAL employer a withholding allowance certificate § 31.3402(f)(3)–1(b), the employer could, if it REGULATIONS IN THE FEDERAL certifying that A incurred no liability for chose, make the new withholding allowance REGISTER], see 26 CFR part 31, revised income tax imposed under subtitle A for certificate effective with respect to any as of March 14, 2019. Under section 2020, and that A anticipates that A will incur payment of wages made on or after April 20, 7805(b)(7) a taxpayer may choose to no liability for income tax imposed under 2021, and before the effective date mandated subtitle A for 2021. A’s employer shall not by section 3402(f)(3)(B)(i) and apply this section on and after January deduct and withhold on payments of wages § 31.3402(f)(3)–1(b). Under § 31.3402(f)(4)– 1, 2020. made to A on or after April 20, 2021. Under 1(b), unless A furnishes a new withholding Sunita Lough, § 31.3402(f)(4)–1(b), unless A furnishes a new allowance certificate including the withholding allowance certificate including certifications described in § 31.3402(n)–1(a) Deputy Commissioner for Services and the certifications described in paragraph (a) to A’s employer, the employer is required to Enforcement. of this section to the employer, the employer deduct and withhold upon payments of [FR Doc. 2020–02849 Filed 2–11–20; 4:15 pm] is required to deduct and withhold upon wages to A made after February 15, 2022. BILLING CODE 4830–01–P

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Reader Aids Federal Register Vol. 85, No. 30 Thursday, February 13, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 39 ...... 6738, 6741, 6744, 6747, Presidential Documents 3 CFR 6749, 6752, 6755, 6757, Executive orders and proclamations 741–6000 Proclamations: 7191, 7653, 7655, 7857, The United States Government Manual 741–6000 9983...... 6698 7860, 7863, 7865, 7868, 9984...... 6709 Other Services 8145, 8148, 8150, 8153 9985...... 6715 71 ...... 6030, 6422, 7192, 7445, 741–6020 Electronic and on-line services (voice) 9986...... 6717 7447, 7871 Privacy Act Compilation 741–6050 9987...... 6719 97...... 7194, 7195 Executive Orders: Proposed Rules: ELECTRONIC RESEARCH 13903...... 6721 21...... 5905 13904...... 6725 39 ...... 5906, 6107, 6110, 7256, World Wide Web Administrative Orders: 7894, 7897, 7899, 8207, Order of February 10, 8209 Full text of the daily Federal Register, CFR and other publications 2020 ...... 8129 71 ...... 6115, 6118, 7472, 7474, is located at: www.govinfo.gov. Presidential 7681, 8212 Federal Register information and research tools, including Public Determinations: 382...... 6448 Inspection List and electronic text are located at: No. 2020–05 of www.federalregister.gov. January 6, 2020 ...... 6731 15 CFR 2013...... 7448 5 CFR E-mail Proposed Rules: FEDREGTOC (Daily Federal Register Table of Contents Electronic Proposed Rules: 287...... 7258 Mailing List) is an open e-mail service that provides subscribers 532...... 8205 922...... 8213 2641...... 7252 with a digital form of the Federal Register Table of Contents. The 17 CFR digital form of the Federal Register Table of Contents includes 7 CFR HTML and PDF links to the full text of each document. 201...... 6270 Ch. I ...... 7443 240...... 6270, 6359 To join or leave, go to https://public.govdelivery.com/accounts/ 210...... 7853 USGPOOFR/subscriber/new, enter your email address, then 220...... 7853 18 CFR follow the instructions to join, leave, or manage your 226...... 7853 11...... 6760 subscription. 1464...... 8131 40 ...... 7197, 8155, 8161 PENS (Public Law Electronic Notification Service) is an e-mail 1471...... 6419 Proposed Rules: service that notifies subscribers of recently enacted laws. Proposed Rules: 40...... 6831 930...... 6102 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 19 CFR and select Join or leave the list (or change settings); then follow 984...... 7669 12 ...... 7204, 7209, 7214 the instructions. 10 CFR Ch. I...... 6044, 7214 FEDREGTOC and PENS are mailing lists only. We cannot Proposed Rules: 351...... 6031 respond to specific inquiries. Ch. I ...... 6103 Reference questions. Send questions and comments about the 429...... 6102 20 CFR Federal Register system to: [email protected] 430...... 6102 404...... 7661 590...... 7672 408...... 7661 The Federal Register staff cannot interpret specific documents or 416...... 7661 regulations. 12 CFR 204...... 7855 21 CFR FEDERAL REGISTER PAGES AND DATE, FEBRUARY 600...... 6421 101...... 6045 604...... 6421 866...... 7215 5903–6022...... 3 622...... 6023 Proposed Rules: 6023–6418...... 4 Ch. X...... 6733 573...... 7682 6419–6730...... 5 Proposed Rules: 6731–7190...... 6 303...... 7453 24 CFR 7191–7442...... 7 337...... 7453 Proposed Rules: 7443–7652...... 10 5...... 8215 13 CFR 7653–7852...... 11 92...... 8215 7853–8128...... 12 103...... 7622 578...... 8215 8129–8372...... 13 120...... 7622 121...... 7622 26 CFR Proposed Rules: 1...... 6424 119...... 7254 25...... 6803 125...... 6106 Proposed Rules: 134...... 7893 31...... 8344 14 CFR 29 CFR 25 ...... 6025, 6026, 6028 4001...... 6046

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4006...... 6046 Ch. III ...... 6121 Proposed Rules: 53...... 7910 4010...... 6046 600...... 7500 804...... 8242 4041...... 6046 38 CFR 43 CFR 805...... 8242 4043...... 6046 36...... 7230 849...... 8242 4233...... 6046 42...... 7230 10...... 8189 852...... 8242 Proposed Rules: Proposed Rules: Proposed Rules: 103...... 6120 2...... 7515 9...... 7683 49 CFR 44 CFR 30 CFR 39 CFR Ch. XII ...... 6044, 7214 550...... 7218 Proposed Rules: 191...... 8104 Proposed Rules: 59...... 7902 553...... 7218 501...... 6838 192...... 8104 1241...... 7221 64...... 7902 195...... 8104 Proposed Rules: 40 CFR 45 CFR 367...... 8192 948...... 7475 380...... 6088 52 ...... 6430, 6808, 7232, 7449, 1611...... 8190 383...... 6088 31 CFR 8181, 8185 Proposed Rules: 63...... 6064 384...... 6088 555...... 7223 146...... 7088 70...... 6431 149...... 7088 Proposed Rules: 32 CFR 79...... 7016 155...... 7088 192...... 7162 195...... 7162 1288...... 6803 80...... 7016 156...... 7088 272...... 6810 158...... 7088 33 CFR Proposed Rules: 1610...... 7518 50 CFR 1...... 8169 52 ...... 6121, 6123, 6125, 6482, 1630...... 7518 300...... 6101, 8198 3...... 6804 6491, 7262, 7480, 7491, 622 ...... 6816, 6819, 6825 100 ...... 6428, 6804, 8169 7494, 7496, 7686, 7692, 47 CFR 635...... 6828 110...... 8169 7695, 8227, 8229, 8230, 73...... 7880 648 ...... 6446, 7414, 8199 117...... 6806, 8173 8233, 8240 Proposed Rules: 165 .....6428, 6804, 8169, 8175, 70...... 8240 2...... 6841 660...... 7246, 8200 8177 81...... 6491 15...... 6841 665...... 7892 Proposed Rules: 174...... 6129 90...... 6841 Proposed Rules: 165 ...... 5909, 5911, 8225 180 ...... 6129, 7499, 7698, 7708 95...... 6841 10...... 5913, 5915 17...... 6856 36 CFR 41 CFR 48 CFR 300...... 6883 254...... 8180 102-82...... 5903 Proposed Rules: 648...... 6494, 7520 19...... 7910 655...... 6131 37 CFR 42 CFR 28...... 7910 660...... 6135 Proposed Rules: 71...... 7874 32...... 7910 665...... 7521 1...... 6476 414...... 7666 52...... 7910 679...... 6890

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List February 10, 2020 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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