Vol. 85 Monday, No. 41 March 2, 2020

Pages 12207–12430

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 41

Monday, March 2, 2020

Agriculture Department Education Department See Animal and Plant Health Inspection Service NOTICES See Commodity Credit Corporation Indian Education Formula Grants to Local Educational See Forest Service Agencies, 12279 See National Institute of Food and Agriculture Peer Review Opportunities: Department of Education Offices of Elementary and Animal and Plant Health Inspection Service Secondary Education, Postsecondary Education, RULES Special Education and Rehabilitative Services, Lacey Act Implementation Plan: 12277–12278 De Minimis Exception, 12207–12213 NOTICES Employment and Training Administration Environmental Assessments; Availability, etc.: NOTICES Cogongrass Control Efforts in Alabama, Georgia, Trade Adjustment Assistance; Determinations, 12341– Mississippi, and South Carolina, 12250 12344, 12346–12347 Worker Adjustment Assistance; Investigations, 12344– Centers for Medicare & Medicaid Services 12346 NOTICES Energy Department Agency Information Collection Activities; Proposals, See Federal Energy Regulatory Commission Submissions, and Approvals, 12303–12306 NOTICES Medicare and Medicaid Programs: Meetings: Application from DNV–GL Healthcare USA Inc. for Initial Biomass Research and Development Technical Advisory CMS Approval of its Psychiatric Hospital Committee, 12279–12280 Accreditation Program, 12306–12307 Environmental Protection Agency Civil Rights Commission RULES NOTICES On-Site Civil Inspection Procedures, 12224–12226 Meetings: PROPOSED RULES Idaho Advisory Committee, 12252–12253 Air Quality State Implementation Plans; Approvals and New Jersey Advisory Committee, 12253 Promulgations: Iowa; Infrastructure State Implementation Plan Coast Guard Requirements for the 2015 Ozone National Ambient NOTICES Air Quality Standard, 12232–12240 Certificate of Alternative Compliance: Provo, Utah Second 10-Year Carbon Monoxide M/V PELICAN II, 12313 Maintenance Plan, 12241–12244 Plan for the Federal Certification of Applicators of Commerce Department Restricted Use Pesticides within Indian Country; See International Trade Administration Proposed Revisions: See National Oceanic and Atmospheric Administration Indian Country, 12244–12249 See Patent and Trademark Office NOTICES National Pollutant Discharge Elimination System: 2020 Issuance of the Multi-Sector General Permit for Commodity Credit Corporation Stormwater Discharges Associated with Industrial RULES Activity, 12288–12295 Noninsured Crop Disaster Assistance Program, 12213– Pesticide Experimental Use Permit; Application, 12285 12221 Pesticide Product Registration: Applications for New Uses, 12285–12287 Corporation for National and Community Service Receipt of Applications for a New Active Ingredient NOTICES (December 2019), 12287 Guidance Document Portal, 12270–12271 Primacy Revision Application for the Public Water Supply Supervision Program from the State of Missouri, 12288 Defense Department NOTICES Federal Aviation Administration Arms Sales, 12271–12274 PROPOSED RULES Environmental Impact Statements; Availability, etc.: Special Conditions: Construction and Demonstration of a Prototype Advanced The Boeing Company Model 777–300ER Series Airplanes; Mobile Nuclear Microreactor, 12274–12276 Dynamic Test Requirements for Single-Occupant Oblique Seats with Pretensioner Restraint Systems, Delaware River Basin Commission 12227–12229 NOTICES The Boeing Company Model 787 10 Series Airplanes; Hearing: Dynamic Test Requirements for Single-Occupant Adjudicatory Hearing and Additional Written Comment Oblique Seats with Pretensioner Restraint Systems, Period, 12276–12277 12230–12232

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NOTICES General Services Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Record of Decision: Pilot Records Improvement Act of 1996/ Pilot Record Construction of a New U.S. Land Port of Entry in Database, 12383 Madawaska, ME, and a New Madawaska- Edmundston International Bridge, 12302–12303 Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Health and Human Services Department Submissions, and Approvals, 12281–12282 See Centers for Medicare & Medicaid Services Application: See Health Resources and Services Administration Great Falls Hydroelectric Co.; City of Paterson, NJ, See National Institutes of Health 12282–12283 See Substance Abuse and Mental Health Services Combined Filings, 12283–12284 Administration Environmental Assessments; Availability, etc.: Texas Eastern Transmission, LP; Proposed Lily Expansion Health Resources and Services Administration Project, 12280–12281 NOTICES Meetings: Agency Information Collection Activities; Proposals, Georgia Power Co.; Teleconference for Tribal Submissions, and Approvals: Consultation, 12284 Public Comment Request Questionnaire and Data Collection Testing, Evaluation, and Research for the Federal Highway Administration Health Resources and Services Administration, NOTICES 12307–12309 Final Federal Agency Actions: Meetings: Proposed Highway in Utah, 12384–12385 National Advisory Council on Migrant Health, 12309 Federal Reserve System Homeland Security Department RULES Control and Divestiture Proceedings, 12398–12430 See Coast Guard NOTICES NOTICES Agency Information Collection Activities; Proposals, Extension of the Designation of Yemen for Temporary Submissions, and Approvals, 12295–12300 Protected Status, 12313–12319 Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Interior Department Company, 12295 See Fish and Wildlife Service Formations of, Acquisitions by, and Mergers of Bank See Land Management Bureau Holding Companies, 12298 NOTICES List of Programs Eligible for Inclusion: Federal Trade Commission Funding Agreements Negotiated with Self-Governance NOTICES Tribes by Interior Bureaus Other than the Bureau of Proposed Consent Agreement: Indian Affairs and Fiscal Year 2020 Programmatic FXI Holdings and Innocor; Analysis of Agreement Target, 12326–12330 Containing Consent Order to Aid Public Comment, 12300–12302 International Trade Administration NOTICES Federal Transit Administration Announcement of Upcoming May 2020 through April 2021 NOTICES International Trade Administration Trade Missions, Announcement of Fiscal Year 2019 Grants for Buses and 12259–12267 Bus Facilities Program Project Selections, 12385–12395 Antidumping or Countervailing Duty Investigations, Orders, Fish and Wildlife Service or Reviews: NOTICES Advance Notification of Sunset Review, 12255 Application for an Incidental Take Permit: Certain Glass Containers from the People’s Republic of Low-Effect Habitat Conservation Plan for the Four China, 12256–12259 Corners Water Development Project, Pueblo of Santa Hot-Rolled Steel Flat Products from Brazil, 12255–12256 Clara, Rio Arriba County, NM, 12324–12326 Opportunity to Request Administrative Review, 12267– Endangered and Threatened Species: 12269 Recovery Permit Applications, 12323–12324 Initiation of Five-Year (Sunset) Reviews, 12253–12255 Environmental Assessments; Availability, etc.: Block 12 Development Project, Kern County, California; International Trade Commission Draft Habitat Conservation Plan, 12322–12323 NOTICES Endangered and Threatened Species; Incidental Take Antidumping or Countervailing Duty Investigations, Orders, Permit Application and Habitat Conservation Plan, or Reviews: 12319–12321 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, Korea, Mexico, and Thailand, 12331–12334 Forest Service Investigations; Determinations, Modifications, and Rulings, NOTICES etc.: Meetings: Commodity Matchbooks from India, 12334–12337 Black Hills National Forest Advisory Board, 12251 Tetrahydrofurfuryl Alcohol from China, 12337–12340

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Justice Department NOTICES NOTICES Meetings; Sunshine Act, 12362, 12368 Agency Information Collection Activities; Proposals, Self-Regulatory Organizations; Proposed Rule Changes: Submissions, and Approvals, 12340 Cboe BZX Exchange, Inc., 12353, 12357–12360 Proposed Consent Decree: Cboe Exchange, Inc., 12362–12368 Clean Air Act, 12340–12341 Fixed Income Clearing Corp., 12353–12357 The Nasdaq Stock Market, LLC, 12360–12362 Labor Department See Employment and Training Administration Small Business Administration NOTICES Land Management Bureau Community Advantage Pilot Program, 12369–12370 NOTICES Plats of Survey: Social Security Administration Colorado, 12331 NOTICES Addresses for Service of Process, 12370–12373 Management and Budget Office Guidance Document Portal, 12373 NOTICES Guidance: Substance Abuse and Mental Health Services Completing the Transition to the Next Generation Administration Internet Protocol, Internet Protocol Version 6, 12347 NOTICES Agency Information Collection Activities; Proposals, National Aeronautics and Space Administration Submissions, and Approvals, 12312–12313 NOTICES Certified Laboratories and Instrumented Initial Testing Meetings: Facilities: NASA Advisory Council; Technology, Innovation and List of Facilities that Meet Minimum Standards to Engage Engineering Committee, 12347–12348 in Urine and Oral Fluid Drug Testing for Federal Agencies, 12310–12312 National Archives and Records Administration Meetings, 12310 NOTICES Records Schedules, 12348–12349 Trade Representative, Office of United States NOTICES National Institute of Food and Agriculture 2020 Generalized System of Preferences Annual Review NOTICES and the Deadline for Filing Petitions, 12381–12383 Agency Information Collection Activities; Proposals, Request for Comments: Submissions, and Approvals, 12252 Extension of Particular Exclusions Granted Under the Solicitation of Input from Stakeholders on Agency Services, May 2019 Product Exclusion Notice from the 34 12251 Billion Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology National Institutes of Health Transfer, Intellectual Property, and Innovation, NOTICES 12373–12381 Meetings: Advisory Committee on Research on Women’s Health, Transportation Department 12310 See Federal Aviation Administration See Federal Highway Administration National Oceanic and Atmospheric Administration See Federal Transit Administration NOTICES Endangered and Threatened Species: Veterans Affairs Department Take of Anadromous Fish, 12269–12270 NOTICES Meetings: Nuclear Regulatory Commission Veterans’ Family, Caregiver, and Survivor Advisory NOTICES Committee, 12395 License Amendment Application: Exelon Generation Company, LLC; R. E. Ginna Nuclear Power Plant; Add One-Time Note for Use of Separate Parts In This Issue Alternative Residual Heat Removal Methods, 12349– 12352 Part II Meetings; Sunshine Act, 12352–12353 Federal Reserve System, 12398–12430 Patent and Trademark Office RULES Clarification of the Practice for Requiring Additional Reader Aids Information in Petitions Filed in Patent Applications Consult the Reader Aids section at the end of this issue for and Patents Based on Unintentional Delay, 12222– phone numbers, online resources, finding aids, and notice 12224 of recently enacted public laws. To subscribe to the Federal Register Table of Contents Securities and Exchange Commission electronic mailing list, go to https://public.govdelivery.com/ RULES accounts/USGPOOFR/subscriber/new, enter your e-mail Delegation of Authority to the General Counsel of the address, then follow the instructions to join, leave, or Commission, 12221–12222 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 357...... 12207 1437...... 12213 12 CFR 225...... 12398 238...... 12398 14 CFR Proposed Rules: 25 (2 documents) ...... 12227, 12230 17 CFR 200...... 12221 37 CFR 1...... 12222 40 CFR 31...... 12224 Proposed Rules: 52 (2 documents) ...... 12232, 12241 171...... 12244

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Rules and Regulations Federal Register Vol. 85, No. 41

Monday, March 2, 2020

This section of the FEDERAL REGISTER shipment, which aids in combatting Costs and Benefits contains regulatory documents having general illegal trade in timber and timber applicability and legal effect, most of which products by ensuring importers provide To the extent that the rule provides are keyed to and codified in the Code of required information. Information from exceptions to declaration submission, it Federal Regulations, which is published under will benefit certain U.S. importers. It 50 titles pursuant to 44 U.S.C. 1510. the declaration is also used to monitor implementation of Lacey Act relieves importers of the burden of The Code of Federal Regulations is sold by requirements. The declaration must submitting declarations for products the Superintendent of Documents. contain the scientific name of the plant, with very small amounts of plant value of the importation, quantity of the material, while continuing to ensure plant, and name of the country from that the declaration requirement fulfills DEPARTMENT OF AGRICULTURE which the plant was harvested. the purposes of the Lacey Act. However, the Act does not explicitly Animal and Plant Health Inspection II. Background Service address whether the declaration requirement is intended to apply to The Lacey Act (16 U.S.C. 3371 et 7 CFR Part 357 imported products that contain minimal seq.), first enacted in 1900 and plant material. This final rule significantly amended in 1981, is the [Docket No. APHIS–2013–0055] establishes limited exceptions to the United States’ oldest wildlife protection declaration requirement for entries of RIN 0579–AD44 statute. The Act combats trafficking in products containing minimal plant illegally taken wildlife, fish, or plants. Lacey Act Implementation Plan: De material. This action relieves the burden The Food, Conservation and Energy Act Minimis Exception on importers while ensuring that the of 2008, effective May 22, 2008, declaration requirement continues to amended the Lacey Act by expanding its AGENCY: Animal and Plant Health fulfill the purposes of the Lacey Act. protection to a broader range of plants Inspection Service, USDA. Legal Authority for the Regulatory and plant products (Section 8204, ACTION: Final rule. Action Prevention of Illegal Logging Practices). SUMMARY: The Food, Conservation, and The Lacey Act now makes it unlawful The Food, Conservation, and Energy Energy Act of 2008 amended the Lacey to, among other things, ‘‘import, export, Act of 2008 amended the Lacey Act by Act to provide, among other things, that transport, sell, receive, acquire, or expanding its protections to a broader importers submit a declaration at the purchase in interstate or foreign time of importation for certain plants range of plants and plant products than commerce any plant,’’ with some and plant products. The declaration was previously provided by the Act. limited exceptions, ‘‘taken, possessed, requirement of the Lacey Act became The requirement that importers of transported, or sold in violation of any effective on December 15, 2008, and plants and plant products file a law, treaty, or regulation of the United enforcement of that requirement is being declaration upon importation is set forth States or in violation of any Indian tribal phased in. We are amending the in 16 U.S.C. 3372(f). In 16 U.S.C. law,’’ or in violation of any State or regulations to establish an exception to 3376(a)(1), the statute further provides foreign law that protects plants or that the declaration requirement for products rulemaking authority to the Secretary of regulates certain specified plant-related containing a minimal amount of plant Agriculture with respect to the activities. The Lacey Act also now materials. This action would relieve the declaration requirement: ‘‘the Secretary, makes it unlawful to make or submit burden on importers while continuing after consultation with the Secretary of any false record, account, or label for, or to ensure that the declaration the Treasury, is authorized to issue such any false identification of, any plant. regulations . . . as may be necessary to requirement fulfills the purposes of the In addition, Section 3 of the Lacey Lacey Act. carry out the provisions of sections 3372(f), 3373, and 3374 of this title.’’ Act, as amended, makes it unlawful, DATES: Effective April 1, 2020. beginning December 15, 2008, to import FOR FURTHER INFORMATION CONTACT: Mrs. Summary of Major Provisions of the certain plants, including plant products, Dorothy Wayson, Agriculturist, Regulatory Action without an import declaration. The Permitting and Compliance import declaration serves as a tool for Coordination, PPQ, APHIS, 4700 River This final rule establishes certain combatting the illegal trade in timber exceptions from the requirement that a Road Unit 60, Riverdale, MD 20737– and timber products by ensuring declaration be filed when importing 1236; (301) 851–2036. importers provide required information. certain plants and plant products. Information from the declaration is also SUPPLEMENTARY INFORMATION: Specifically, it establishes an exception used to monitor compliance with Lacey to the declaration requirement for I. Executive Summary Act prohibitions. The declaration must products with minimal amounts of plant Need for the Regulatory Action material. The final rule also establishes contain the scientific name of the plant, Section 3 of the Lacey Act makes it a new section to specify the conditions value of the importation, quantity of the unlawful to import certain plants, under which a plant import declaration plant, and name of the country from including plant products, without an must be filed and what information it which the plant was harvested. import declaration. The import must include. These conditions reflect On July 9, 2018, we published in the declaration serves as a tool to collect the provisions of the Act and provide Federal Register (83 FR 31697–31702, information regarding the content of a additional context for the exceptions. Docket No. APHIS–2013–0055) a

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proposal 1 to amend the regulations by supporting this rule. A summary of the States, including those entries from establishing an exception to the analysis appears below under the foreign trade zones and bonded declaration requirement for products heading ‘‘Executive Orders 12866, warehouses, in a notice published in the containing a minimal amount of plant 13563, 13771, and Regulatory Flexibility Federal Register on June 16, 2016 (81 materials. We also proposed that all Act.’’ Copies of the full analysis are FR 39247–39248, Docket No. APHIS– Lacey Act declarations be submitted available on the Regulations.gov website 2008–0119). within 3 business days of importation. (see footnote 1 in this document for a Some commenters stated that there We solicited comments concerning link to Regulations.gov) or by contacting should be an exception to the our proposal for 60 days ending the person listed under FOR FURTHER declaration requirement for items in September 7, 2018. We received 11 INFORMATION CONTACT. For the sake of transit. One commenter stated further comments by that date. They were from clarity, the term ‘‘importer’’ is used to that such an exception is supported by private citizens, trade and industry represent import agents, as well as the definition of import suggested by the associations, courier delivery services, wholesalers, manufacturers, retailers, Model Law of International Trade in and conservation groups. They are and distributors who import products Wild Fauna and Flora.4 discussed below by topic. directly. As we explained above, the definition Scope of import that we proposed is the same Definitions definition that appears in the Lacey Act, Two commenters stated that it is We proposed to define the terms and we have stated that we do not unclear from the rule if the exceptions import and person, and to amend the intend at this time to enforce the to the declaration requirement would definition for plant so that all three declaration requirement for in-transit apply only to those products on the definitions in the regulations conform to movements. Lacey enforcement schedule or if they the definitions in the statute. One commenter noted that the current would apply to all products, and asked Some commenters expressed concern declaration form asks for ‘‘country of that we clarify the scope of the proposed that the definition of import that we harvest’’ rather than ‘‘the name of the rule. proposed is too broad. These country from which the plant was The de minimis exception to the commenters stated that adopting this taken’’ and suggested adding a declaration requirement will apply to all definition would increase regulatory definition of taken to prevent confusion. products subject to the Lacey Act. burden on importers and place burden APHIS notes that the term taken is Importers of articles currently listed on on individuals traveling with their defined in 16 U.S.C. 3371(j). We agree the Lacey Act enforcement schedule musical instruments. The commenters with the commenter that a definition of will receive the most immediate benefit stated that the declaration requirement taken, consistent with the language of 2 from the exception. should apply only to formal the Act, should be added to the Another commenter stated that the consumption entries, and not to regulations. We have therefore added a economic analysis must consider the informal entries, personal importations, definition of taken to read ‘‘captured, full scope of the proposal and not just transit and exportation customs bonds, killed, or collected, and with respect to current practice. The same commenter carnet importations, foreign trade zones, a plant, also harvested, cut, logged, or added that the Animal and Plant Health and warehouse entries (with some removed’’ to § 357.2. This definition is Inspection Service (APHIS) only exceptions). Two commenters stated the same definition that appears in the considered the impact on importers and that APHIS should align the definition Act. wholesalers, noting that it is common of import with the customs definition. for manufacturers, retailers, and The definition of import that we Declaration Requirement distributors to also directly import wood proposed is the same as the definition We proposed to add a new § 357.3, products. in the Lacey Act. In a notice published ‘‘Declaration Requirement,’’ to specify Impacts of the exception to the in the Federal Register on February 3, the conditions under which a plant declaration requirement for articles 2009 (74 FR 5911, Docket No. APHIS– import declaration must be filed and currently listed on the Lacey Act 2008–0119),3 we stated that we would what information it must include. These enforcement schedule were evaluated in be enforcing the declaration conditions reflect the provisions of the the initial regulatory impact analysis. requirement only for formal Act and provide additional context for We have prepared a final regulatory consumption entries (i.e., most the proposed exceptions. impact analysis for this rule in which commercial shipments). In that notice One commenter asked for clarification we evaluate potential impacts of the de we also stated that we did not intend yet that this section does not require fewer minimis exception to the declaration to enforce the declaration requirement fields than appear on the declaration requirement for articles currently in the for informal entries (i.e., most personal form. enforcement schedule. The de minimis shipments), personal importations, mail The information specified in this exception will not immediately impact (unless subject to formal entry), section is the same information that is articles that are not yet on the transportation and exportation entries, required by the Act. We continue to enforcement schedule because they do in-transit movements, carnet require additional information on the not currently require submission of a importations (i.e., merchandise or declaration form that links the declaration. Impacts on manufacturers equipment that will be re-exported declaration to the shipment. This is and retailers are included in the within a year), or upon admittance into necessary to carry out the provisions of Regulatory Impact Analysis & Final a U.S. foreign trade zone or bonded the Lacey Act. If we make any changes Regulatory Flexibility Analysis warehouse. We clarified that the to the declaration form in the future, we declaration is currently being enforced will announce them through the 1 To view the proposed rule, supporting for all formal consumption entries of stakeholder registry after receiving any document, and the comments we received, go to http://www.regulations.gov/#!docket plant and plant products into the United necessary approvals under the Detail;D=APHIS-2013-0055. 2 The Lacey Act plant declaration enforcement 3 To view the notice and the comments we 4 The Model Law can be viewed online at https:// schedule can be viewed on the APHIS website at received, go to http://www.regulations.gov/#!docket cites.org/sites/default/files/eng/prog/Legislation/E- http://www.aphis.usda.gov/plant_health/lacey_act. Detail;D=APHIS-2008-0119. Model%20law-updated-clean.pdf.

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Paperwork Reduction Act. We Guaiacum sanctum) as an appropriately because importers take different encourage interested persons to register minimal amount of plant material. A approaches to the reporting for our stakeholder registry at https:// board-foot (that is, 12 x 12 x 1 inches requirements. The commenter stated public.govdelivery.com/accounts/ or 30.48 x 30.48 x 2.54 centimeters) is that some importers split the volume USDAAPHIS/subscriber/new/ and select a common unit of volume in the timber among possible species, while others ‘‘Lacey Act Declaration’’ under Plant industry, and the woods of these species report the maximum volume possible Health Information as a topic of interest. are among the densest known, weighing for each species. The same commenter One commenter stated that the section 1.23 grams per cubic centimeter. also stated that for the value option, it should list the current enforcement In the event that the weight of the is unclear how such a calculation would schedule or reference the existence of a plant material in an individual product be made as the value of the imported separate enforcement schedule in unit could not be determined, we item is known, but the value of the plant another section of the regulations. proposed an exception from the product prior to its incorporation into a The enforcement schedule is available declaration requirement for products final product may not be known. on the APHIS website at http:// containing plant material that represents We agree with the commenter that www.aphis.usda.gov/plant_health/ no more than 10 percent of the declared implementation of de minimis lacey_act. The list is arranged by value of the individual product unit, exceptions based on volume or value provisions of the Harmonized Tariff provided that the total quantity of the would present challenges. We have Schedule of the United States (HTSUS). plant material in an entry of such therefore decided not to implement de Adding the enforcement schedule to the products (at the entry line level) has a minimis exceptions based on volume or regulations is not feasible because volume of less than 1 board-foot. value at this time. We will continue to HTSUS provisions change frequently. Alternatively, as a second option in the consider ways to implement de minimis However, we agree with the commenter event that the weight of the plant exceptions based on criteria other than that a reference to available guidance, material in an individual product unit weight to the plant declaration including the enforcement schedule, in could not be determined, we proposed requirement. the regulations would be helpful, and an exception from the declaration One commenter stated that they have amended § 357.3 to add a new requirement for products containing supported modified versions of the paragraph that directs the reader to the plant material that represents no more proposed weight and volume exceptions APHIS website for more information. than 10 percent of the declared value of with fixed and measurable weight and Any new guidance or enforcement the individual product unit, provided volume limits per entry line. The schedule, or modifications to a previous that the total quantity of the plant commenter suggested that there also be guidance or enforcement schedule material in an individual product unit a value threshold that works in tandem document, will be issued with does not exceed some amount of plant with either of the options (weight or appropriate public notice and material by weight or board feet. We volume) chosen to qualify for the de opportunity for feedback. invited comment on what would be an minimis exception. APHIS agrees that these modifications Exception From Declaration appropriate maximum amount allowable by value or board feet under could provide an effective way to Requirement for Entries Containing implement de minimis exceptions and Minimal Plant Materials the de minimis exception. The commenters were generally will consider them if we propose We sought public comment on two supportive of the idea of establishing a additional exceptions in the future. One options with respect to a de minimis de minimis exception from the plant commenter supported providing exception to the declaration declaration requirement for products multiple options to importers to requirement. Under the first option, we with minimal amounts of plant material. determine if their product meets the proposed to adopt an exception from the These commenters stated that whatever threshold requirement (i.e., weight and declaration requirement for products approach is adopted, it should be value). The commenter stated that as containing plant material that represents simple, straightforward, and affordable proposed, the regulations would only no more than 5 percent of the total for small and medium entities. allow importers to choose the second weight of the individual product unit, One commenter suggested that we method of calculation if the first method provided that the total weight of the adopt a conservative approach to any cannot be calculated. The commenter plant material in an entry of such exceptions so as not to exempt future suggested that we should provide products (at the entry line level) does product categories that include illegal importers with discretion to choose not exceed 2.9 kilograms. Alternatively, timber even in small quantities. whichever option that makes most sense as a second option, we proposed an APHIS agrees with the commenter. for their business operations. As noted exception from the declaration Although importers will still be above, we have decided to implement requirement for products containing responsible for meeting Lacey Act only the de minimis exception based on plant material that represents no more requirements other than the declaration, weight at this time. We will take these than 5 percent of the total weight of the setting the threshold for the de minimis suggestions into consideration if we individual product unit, provided that exception to the declaration propose additional exceptions in the the total weight of the plant material in requirement at too high a level would future. an individual product unit does not not be consistent with the intent of the Commenters expressed concern that exceed some amount of plant material Lacey Act. For this reason we proposed using percentage of weight would be a by weight or board feet. Under this and are adopting a threshold of no more new process that importers would have second option, we invited comment on than 5 percent of the total weight of the to develop in order to take advantage of what would be an appropriate individual product unit, provided that the de minimis exception. maximum amount allowable by weight the total weight of the plant material in The commenters are correct that they or board feet under the de minimis an entry of products in the same 10-digit may have to develop a new process to exception. The figure of 2.9 kilograms in HTSUS provision does not exceed 2.9 take advantage of the de minimis the first option was selected based on kilograms. exception. We anticipate, however, that the weight of a board-foot of lignum One commenter stated that the once importers have determined the vitae (Guaiacum officinale and declaration skews the volume figures percentage weight of an individual

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product unit and the maximum number Time Limit for Submission of plant protection regulations in this final of individual product units that will Declarations rule. meet the de minimis threshold, they One commenter stated that APHIS will be able to use that as a model for Lacey Act plant declarations are should maintain the current exception future shipments. We also anticipate required pursuant to the language of the from the declaration requirement for that importers will only develop a new statute ‘‘upon importation,’’ that is, composite plant material that process if they consider doing so to be upon landing in United States acknowledges the need to conduct less onerous than filing the declaration. jurisdiction. We proposed to allow reasonable due care without mandating importers to file Lacey Act plant One commenter stated that the cost of the tracking and reporting of species. declarations within 3 business days of Another commenter noted that there is any procedure that depends on trying to importation without facing any calculate the percentage of plant currently an administrative Special Use enforcement action or penalty for late Designation for composite material and material as part of the importing process filing. This change was intended to on a transaction-by-transaction basis stated that establishing de minimis accommodate the needs of industry exceptions for composite products would far outweigh any benefit gained while ensuring that declarations are from the proposed change and suggested would be more complex and costly than submitted in a timely manner for the continuing to use the administrative that APHIS allow importers to register purposes of the statute. their standard products that meet the de designation. Commenters were generally opposed minimis criteria, and in return APHIS APHIS notes that the provisions of the to establishing a 3-day grace period. One would grant a blanket exception for that Act do not include permanent commenter stated that allowing this set of products. Another commenter exceptions from the declaration grace period was contrary to the statute. supported the use of what they requirement for composite products. On Several commenters stated that allowing described as ‘‘representative samples’’ July 9, 2018, we published in the importers to file declarations within 3 so that an importer could use that Federal Register an advance notice of days constituted establishing a new analysis on multiple entries eliminating proposed rulemaking (83 FR 31702– deadline where one did not exist before. 5 the need for complex calculations on 31704, Docket No. APHIS–2018–0017) Some commenters suggested setting each and every entry. seeking public comment on regulatory longer time frames for the submissions options that could address certain issues As we explained above, we expect of the declaration, either to correspond that have arisen with the that once importers determine the with customs regulations or to allow for implementation of the declaration percentage weight for individual administrative corrections. requirement for composite plant product units, they will be able to use As we explained above, Lacey Act materials. The concerns and that as a model for future shipments. plant declarations are required to be recommendations of all the commenters With respect to registering filed upon landing in United States will be considered if any new proposed representative samples or granting jurisdiction. Allowing importers to file regulations regarding the Lacey Act blanket exceptions, APHIS has concerns declarations within 3 days would have plant declaration are developed for that such measures could be difficult to established a grace period, not a new composite materials. enforce and are not being pursued at deadline. However, after considering the One commenter recommended that this time. comments we received, we believe it is we specifically include ‘‘hardboard’’ One commenter expressed support for necessary to reexamine the among the examples of composite plant the current exceptions from the establishment of a grace period and materials. declaration requirement for packaging therefore are not adopting this aspect of We do not reference such examples in material. The commenter stated that the proposed rule at this time. We note the proposed rule, but in the advance APHIS should retain these exceptions that there are already mechanisms in notice of proposed rulemaking we refer and make it clear that the requirements place to allow importers to submit to ‘‘pulp, paper, paperboard, medium have not changed from current corrections to declarations. These density fiberboard, high density guidance. mechanisms vary depending on which fiberboard, and particleboard.’’ APHIS notes that for purposes of the method of submission was used. A commenter stated that the final rule Lacey Act plant declaration should include explicit provisions Miscellaneous requirement, packaging material is any providing ample lead time of 1 year or material used to support, protect, or Some commenters expressed concern longer for implementation by the carry another item. This includes, but is that establishing a de minimis exception regulated industry based on the not limited to, items such as wood to the Lacey Act plant declaration complexity of product supply chains. crating, wood pallets, cardboard boxes, requirement would increase the risk of In our February 2009 notice, we and packing paper used as cushioning. plant pests and diseases being committed to providing affected Under 16 U.S.C. 3372(f)(3), packaging introduced into the United States. individuals and industry with at least 6 material is excluded from the As we explained in the proposed rule, months’ notice for any products that declaration requirement unless the the intent of the Lacey Act is to prevent would be added to the phase-in packaging material itself is the item trade in illegally taken wildlife or schedule. The phased-in enforcement being imported. This is unchanged by plants. APHIS’ authority to enforce the schedule began April 1, 2009. The most this final rule. Lacey Act plant declaration requirement recent phase (V) began on August 6, It may take some time for the de is distinct from our authority to regulate 2015. The enforcement schedule is minimis exception to be implemented the movement of plant pests, noxious available on the APHIS website at http://www.aphis.usda.gov/plant_ in ACE. APHIS will announce the weeds, plants, plant products, and _ availability of the disclaim code through articles capable of harboring plant pests health/lacey act/. the stakeholder registry, and importers or noxious weeds in interstate 5 commerce or foreign commerce under To view the advance notice of proposed may begin using the disclaim code for rulemaking and the comments we received, go to the de minimis exception as soon as it the Plant Protection Act (7 U.S.C. 7701 http://www.regulations.gov/#!docket is available in ACE. et seq.) We are making no changes to the Detail;D=APHIS-2018-0017.

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Therefore, for the reasons given in the The Lacey Act amendments included between about $800 and $1,600. In proposed rule and in this document, we in the 2008 Farm Bill were effective as accordance with guidance on complying are adopting the proposed rule as a final of May 22, 2008. As a practical matter, with Executive Order 13771, the rule, with the changes discussed in this this means that enforcement actions primary estimate of the annual private document. may be taken for any violations sector cost savings, including those committed on or after that date. The Executive Orders 12866, 13563, 13771, expected to be realized under the next requirement to provide a declaration and Regulatory Flexibility Act phase of enforcement, is $555,300. This under the amended Act went into effect value is the mid-point estimate of cost This final rule has been determined to May 1, 2009. Declarations serve several savings annualized in perpetuity using be significant for the purposes of purposes including but not limited to a 7 percent discount rate. Executive Order 12866 and, therefore, data acquisition and accountability, and The total cost of compliance directly has been reviewed by the Office of they assist regulatory and enforcement associated with the collection, Management and Budget. This final rule authorities in monitoring compilation and submission of is expected to be an Executive Order implementation of the Lacey Act’s declarations currently enforced is 13771 deregulatory action. Assessment prohibitions on importing illegally estimated to be between $12.5 million of the costs and cost savings may be harvested plants. Enforcement of the and $45 million, and between $5 found in the accompanying economic declaration requirement is being phased million and $18.2 million under the analysis. in. The phase-in schedule is largely next phase of enforcement. The total We have prepared an economic based on the degree of processing and estimated reduction in compliance costs analysis for this rule. The economic complexity of composition of the under both the current and next phase analysis provides a cost-benefit analysis, affected products. The requirement that of enforcement ranges from about as required by Executive Orders 12866 importers file a declaration upon $135,100 to about $975,400, and 13563, which direct agencies to importation is currently being enforced representing an overall cost savings of assess all costs and benefits of available for products in parts of the Harmonized between 0.8 and 1.5 percent. regulatory alternatives and, if regulation Tariff Schedule of the United States is necessary, to select regulatory Both the declaration costs and the (HTSUS) Chapters 44, 66, 82, 92, 93, 94, cost savings expected with this rule are approaches that maximize net benefits 95, 96 and 97. Products in parts of (including potential economic, small when compared to the value of HTSUS Chapters 33, 42, 44, 92 and 96 the commodities imported. In 2018, the environmental, public health and safety are to be included in the next phase of effects, and equity). Executive Order value of U.S. imports of products implementation. currently requiring a declaration totaled 13563 emphasizes the importance of Some importers of products about $23.4 billion, and the value of quantifying both costs and benefits, of containing a minimal amount of plant U.S. imports of such commodities as reducing costs, of harmonizing rules, material who have been required to file and of promoting flexibility. The declarations upon importation of their umbrellas, walking sticks, and economic analysis also provides a final products will be excepted from the handguns that may include small regulatory flexibility analysis that declaration requirement. The cost amounts of plant material was $3.2 examines the potential economic effects savings from not having to file those billion. In 2018, the value of imported of this rule on small entities, as required declarations is one measure of the commodities that will be included in by the Regulatory Flexibility Act. The expected benefits of this rule. In 2018, the next phase of enforcement and may economic analysis is summarized there was an average of about 400 contain small amounts of plant material below. Copies of the full analysis are weekly shipments of commodities was $2.6 billion. available on the Regulations.gov website requiring declarations that contained Because enforcement of the (see footnote 1 in this document for a amounts of plant material that possibly declaration requirement is being phased link to Regulations.gov) or by contacting would have been eligible for de minimis in, some products that meet the de the person listed under FOR FURTHER status under this rule. Based on minimis criteria do not currently require INFORMATION CONTACT. information available on those a declaration; their importation will not The Food, Conservation, and Energy shipments, we estimate that between 10 be initially affected. For example, Act of 2008 amended the Lacey Act to and 20 percent of those commodities apparel articles such as shirts with provide, among other things, that would have actually met the definition wood buttons may be considered to importers submit a declaration at the for de minimis exception. Had those have minimal plant material, but the time of importation for certain plants commodity shipments not needed to be declaration requirement for products in and plant products. The declaration accompanied by declarations, we that HTSUS code are not part of the requirement of the Lacey Act became estimate the annual cost savings for current enforcement schedule. While effective on December 15, 2008, and affected entities would have ranged in the volume of imported commodities for enforcement of that requirement is being total from a low of about $31,800 to a which the exceptions will be applicable phased in. We are establishing an high of about $229,500, with annual could be large, the cost savings for exception to the declaration government processing savings of affected importers are expected to be requirement for products containing a between about $250 and $500. small relative to the value of the minimal amount of plant material. In addition, we estimate that in 2018 commodities. Regardless of the number This rule will benefit certain U.S. about 1,300 weekly shipments of of declaration exceptions for which an importers, large or small. The provisions commodities contained amounts of entity qualifies, those exceptions will of this rule relieve importers of the plant material that possibly would have benefit affected entities, large and small. burden of submitting declarations for been eligible for de minimis status Executive Order 12372 products containing very small amounts under the next phase of declaration of plant material and for which enforcement. The cost savings for This program/activity is listed in the obtaining declaration information may affected entities associated with those Catalog of Federal Domestic Assistance be difficult, while continuing to ensure products would have ranged from about under No. 10.025 and is subject to that the declaration requirement fulfills $103,300 to $745,900, with annual Executive Order 12372, which requires the purposes of the Lacey Act. government processing savings of intergovernmental consultation with

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State and local officials. (See 2 CFR compliance with the E-Government Act § 357.2 Definitions. chapter IV.) to promote the use of the internet and * * * * * other information technologies, to Executive Order 12988 Import. To land on, bring into, or provide increased opportunities for introduce into, any place subject to the This final rule has been reviewed citizen access to Government jurisdiction of the United States, under Executive Order 12988, Civil information and services, and for other whether or not such landing, bringing, Justice Reform. This rule: (1) Preempts purposes. For information pertinent to or introduction constitutes an all State and local laws and regulations E-Government Act compliance related importation within the meaning of the that are inconsistent with this rule; (2) to this rule, please contact Mr. Joseph customs laws of the United States. has no retroactive effect; and (3) does Moxey, APHIS’ Information Collection Person. Any individual, partnership, not require administrative proceedings Coordinator, at (301) 851–2483. association, corporation, trust, or any before parties may file suit in court List of Subjects in 7 CFR Part 357 officer, employee, agent, department, or challenging this rule. instrumentality of the Federal Endangered and threatened species, Executive Order 13175 Government or of any State or political Plants (agriculture). subdivision thereof, or any other entity This rule has been reviewed in Accordingly, we are amending 7 CFR subject to the jurisdiction of the United accordance with the requirements of part 357 as follows: States. Executive Order 13175, ‘‘Consultation Plant. Any wild member of the plant and Coordination with Indian Tribal PART 357—CONTROL OF ILLEGALLY kingdom, including roots, seeds, parts Governments.’’ Executive Order 13175 TAKEN PLANTS or products thereof, and including trees requires Federal agencies to consult and from either natural or planted forest ■ coordinate with Tribes on a 1. The authority citation for part 357 stands. The term plant excludes: government-to-government basis on continues to read as follows: (1) Common cultivars, except trees, policies that have Tribal implications, Authority: 16 U.S.C. 3371 et seq.; 7 CFR and common food crops (including including regulations, legislative 2.22, 2.80, and 371.2(d). roots, seeds, parts, or products thereof); comments or proposed legislation, and ■ (2) A scientific specimen of plant other policy statements or actions that 2. Section 357.1 is revised to read as follows: genetic material (including roots, seeds, have substantial direct effects on one or germplasm, parts, or products thereof) more Indian tribes, on the relationship § 357.1 Purpose and scope. that is to be used only for laboratory or between the Federal Government and The Lacey Act, as amended (16 U.S.C. field research; and Indian tribes or on the distribution of 3371 et seq.), makes it unlawful to, (3) Any plant that is to remain planted power and responsibilities between the among other things, import, export, or to be planted or replanted. Federal Government and Indian tribes. transport, sell, receive, acquire, or (4) A plant is not eligible for these APHIS has assessed the impact of this purchase in interstate or foreign exclusions if it is listed: rule on Indian tribes and determined commerce any plant, with some limited (i) In an appendix to the Convention that this rule does not, to their exceptions, taken, possessed, on International Trade in Endangered knowledge, have Tribal implications transported or sold in violation of any Species of Wild Fauna and Flora (27 that require Tribal consultation under Federal or Tribal law, or in violation of UST 1087; TIAS 8249); Executive Order 13175. The USDA’s a State or foreign law that protects (ii) As an endangered or threatened Office of Tribal Relations (OTR) has plants or that regulates certain specified species under the Endangered Species assessed the impact of this rule on plant-related activities. The Lacey Act Act of 1973 (16 U.S.C. 1531 et seq.); or Indian tribes and determined that Tribal also makes it unlawful to make or (iii) Pursuant to any State law that consultation under Executive Order submit any false record, account, or provides for the conservation of species 13175 is not required. If a Tribe requests label for, or any false identification of, that are indigenous to the State and are consultation, APHIS will work with the any plant covered by the Act. Common threatened with extinction. OTR to ensure meaningful consultation cultivars (except trees) and common Taken. Captured, killed, or collected, is provided where changes, additions, food crops are among the categorical and with respect to a plant, also and modifications identified herein are exclusions to the provisions of the Act. harvested, cut, logged, or removed. not expressly mandated by Congress. The Act does not define the terms * * * * * Congressional Review Act ‘‘common cultivar’’ and ‘‘common food ■ 4. Sections 357.3 and 357.4 are added Pursuant to the Congressional Review crop’’ but instead authorizes the U.S. to read as follows: Act (5 U.S.C. 801 et seq.), the Office of Department of Agriculture and the U.S. § 357.3 Declaration requirement. Information and Regulatory Affairs Department of the Interior to define designated this rule as not a major rule, these terms by regulation. The (a) Any person importing any plant as defined by 5 U.S.C. 804(2). regulations in this part provide the shall file upon importation a declaration required definitions. Additionally, the that contains: Paperwork Reduction Act regulations in this part address the (1) The scientific name of any plant In accordance with section 3507(d) of declaration requirement of the Act. (including the genus and species of the the Paperwork Reduction Act of 1995 ■ 3. Section 357.2 is amended as plant) contained in the importation; (44 U.S.C. 3501 et seq.), the information follows: (2) A description of the value of the collection requirements included in this ■ a. By adding in alphabetical order importation and the quantity, including final rule have been approved under definitions for ‘‘Import’’ and ‘‘Person’’; the unit of measure, of the plant; and Office of Management and Budget ■ b. By revising the definition of (3) The name of the country from control number 0579–0349. ‘‘Plant’’; and which the plant was taken. ■ c. By adding in alphabetical order a (b) The declaration relating to a plant E-Government Act Compliance definition for ‘‘Taken’’. product shall also contain: The Animal and Plant Health The additions and revision read as (1) If the species of plant used to Inspection Service is committed to follows: produce the plant product that is the

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subject of the importation varies, and Done in Washington, DC, this 24th day of 7333). NAP is administered under the the species used to produce the plant February 2020. general supervision of the FSA product is unknown, the name of each Greg Ibach, Administrator and is carried out by FSA species of plant that may have been Under Secretary for Marketing and Regulatory State and county committees. used to produce the plant product; Programs. NAP is available for crops for which (2) If the species of plant used to [FR Doc. 2020–04165 Filed 2–28–20; 8:45 am] catastrophic risk protection and produce the plant product that is the BILLING CODE 3410–34–P additional coverage under the Federal subject of the importation is commonly Crop Insurance Act (7 U.S.C. 1508(b) and (c), and (h)) are not available or, if taken from more than one country, and such coverage is available, it is only the country from which the plant was DEPARTMENT OF AGRICULTURE available under a policy that is in a taken and used to produce the plant Commodity Credit Corporation ‘‘pilot’’ program category, provides product is unknown, the name of each coverage for specific intervals based on country from which the plant may have 7 CFR Part 1437 weather indexes or under a whole farm been taken; and [Docket No. CCC–2019–0005] plan of insurance. The eligibility for (3) If a paper or paperboard plant NAP coverage is limited to: product includes recycled plant RIN 0560–AI48 • Crops other than livestock that are product, the average percent recycled commercially produced for food and content without regard for the species or Noninsured Crop Disaster Assistance fiber, and country of origin of the recycled plant Program • Other specific crops including product, in addition to the information AGENCY: Commodity Credit Corporation floricultural, ornamental nursery, and for the non-recycled plant content and Farm Service Agency, USDA. Christmas tree crops, turfgrass sod, seed otherwise required by this section. crops, aquaculture (including ACTION: Final rule. (c) Guidance on completion and ornamental fish), sea grass and sea oats, submission of the declaration form can SUMMARY: This rule implements changes camelina, sweet sorghum, biomass be found on the APHIS website at to the Noninsured Crop Disaster sorghum, and industrial crops http://www.aphis.usda.gov/plant_ Assistance Program (NAP) as required (including those grown expressly for the health/lacey_act. by the Agriculture Improvement Act of purpose of producing a feedstock for 2018 (the 2018 Farm Bill). The rule renewable biofuel, renewable electricity, (Approved by the Office of Management makes buy-up coverage levels available or biobased products). and Budget under control number 0579– for 2019 and future years, increases Qualifying losses to eligible NAP 0349) service fees, and extends the service fee crops must be due to an eligible cause waiver and premium reduction to of loss as specified in 7 CFR part 1437, § 357.4 Exceptions from the declaration which includes damaging weather requirement. eligible veterans. The rule includes the changes to the payment limitation and (drought, hurricane, freeze, etc.) or adverse natural occurrence (volcanic Plants and products containing plant native sod provisions and clarifies when eruption, flood, etc.). In order to be materials are excepted from the NAP coverage is available for crops eligible for a NAP payment, producers declaration requirement if: when certain crop insurance is available must first apply for NAP coverage and (a) The plant is used exclusively as under the Federal Crop Insurance Act. submit the required NAP service fee or packaging material to support, protect, This rule is adding provisions for service fee waiver to their FSA county or carry another item, unless the eligibility and program requirements for office by the application closing date for packaging material itself is the item new producers or producers with less their crop. The NAP application for being imported; or than 1-year growing experience with a coverage must be completed, including new crop (for example, most hemp (b) The plant material in a product submission of the service fee or a producers). This rule also makes some represents no more than 5 percent of the service fee waiver, before NAP coverage additional minor changes to clarify total weight of the individual product can begin. Losses occurring outside a existing NAP requirements and improve unit, provided that the total weight of coverage period are not eligible for NAP program integrity. the plant material in an entry of assistance. Producers who choose not to products in the same 10-digit provision DATES: Effective: March 2, 2020. obtain NAP coverage for a crop are not of the Harmonized Tariff Schedule of FOR FURTHER INFORMATION CONTACT: eligible for NAP assistance for the crop. the United States does not exceed 2.9 Tona Huggins, (202) 720–7641; This rule does not change the core kilograms. [email protected]. Persons with provisions of NAP. (c) A product will not be eligible for disabilities who require alternative The 2018 Farm Bill (Pub. L. 115–334) an exception under paragraph (b) of this means for communication should made several changes to NAP. This rule section if it contains plant material contact the USDA Target Center at (202) amends the NAP regulations to be listed: 720–2600 (voice). consistent with those changes. The (1) In an appendix to the Convention SUPPLEMENTARY INFORMATION: mandatory changes make ‘‘buy-up’’ coverage available for 2019 and later on International Trade in Endangered Background Species of Wild Fauna and Flora (27 crop years, allowing producers to buy UST 1087; TIAS 8249); NAP provides financial assistance to additional NAP coverage for a premium, producers of noninsurable crops to resulting in a risk management product (2) As an endangered or threatened protect against natural disasters that that has equivalent coverage levels to species under the Endangered Species result in crop losses or prevent crop some types of crop insurance offered by Act of 1973 (16 U.S.C. 1531 et seq.); or planting. FSA administers NAP for the the Risk Management Agency (RMA). (3) Pursuant to any State law that Commodity Credit Corporation (CCC) as This rule also implements the 2018 provides for the conservation of species authorized by section 196 of the Federal Farm Bill’s provisions regarding that are indigenous to the State and are Agriculture Improvement and Reform payment limitation, increased service threatened with extinction. Act of 1996, as amended (7 U.S.C. fees, a service fee waiver and a premium

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reduction for eligible veterans, the defined in 7 CFR 718.2. To qualify for different coverage levels for different beginning of the coverage period, the waiver, a veteran must have either crops; therefore, both payment benefit restrictions for crops grown on been farming for 10 years or less or limitations may apply to the same native sod acreage, and the availability achieved veteran status in the past 10 person or legal entity. For example, a of NAP coverage for crops for which years. person or legal entity that is a producer crop insurance is available under the Because the application closing dates may elect basic 50/55 coverage for green Federal Crop Insurance Act. This rule for all 2019 crops and some 2020 crops peppers, a buy-up coverage level of 55/ also makes some additional minor passed prior to the announcement of 100 for cantaloupe, and a buy-up changes to clarify existing NAP 2018 Farm Bill provisions that coverage level of 65/100 for tomatoes. In requirements and improve program authorized the availability of buy-up that case, the producer could receive an integrity. NAP coverage, FSA allowed producers annual per person or legal entity of those crops to retroactively obtain payment of up to $125,000 for eligible Eligibility of Crops Not Covered by buy-up coverage for 2019 and 2020. On losses to green peppers, and a total Federal Crop Insurance April 8, 2019, FSA announced an payment of up to $300,000 for eligible This rule implements changes extended application period for buy-up losses to cantaloupe and tomatoes. required by the 2018 Farm Bill with coverage for those crops through a press Attribution of payments specified in 7 regard to NAP crop eligibility. The 2018 release and extensive outreach efforts. CFR part 1400 applies in administering Farm Bill specifies that NAP is available Producers were required to submit an the payment limitation. The average for crops for which catastrophic risk application for coverage requesting buy- adjusted gross income (AGI) limit for protection is not available under section up coverage and pay the applicable most FSA and CCC programs, including 508(b) of the Federal Crop Insurance Act service fee by May 24, 2019. Basic 50/ NAP, is $900,000. and additional coverage under 55 coverage was not affected by the Native Sod subsections 508(c) and 508(h) is not 2018 Farm Bill and was available prior available or, if such coverage is to the application closing dates; The 2014 Farm Bill introduced native available, it is only available under a therefore, the application closing dates sod provisions that required increased policy that is in a ‘‘pilot’’ program for basic 50/55 coverage were not NAP service fees and premiums and category, provides coverage for specific extended. also reduced the actual production intervals based on weather indexes or history and only applied, per the 2014 under a whole farm plan of insurance. Service Fees Farm Bill, to certain producers in Iowa, This rule amends provisions at This rule amends the NAP service Minnesota, Montana, Nebraska, North §§ 1437.1 and 1437.4 to be consistent fees in § 1437.7 as required by the 2018 Dakota, and South Dakota. The 2014 with the 2018 Farm Bill. Farm Bill. The service fee has increased Farm Bill applied those provisions to native sod tilled for production of Buy-Up Coverage Levels and Premiums from $250 to $325 per crop, from $750 to $825 maximum per producer per annual crops after February 7, 2014, in Prior to the 2014 Farm Bill, NAP county, and from $1,875 to $1,950 any year in the first 4 years of cropping. provided only catastrophic coverage maximum per producer for all counties. The 2018 Farm Bill continues the (basic 50/55 coverage), which is based FSA implemented the service fee previous policy under the 2014 Farm on the amount of loss that exceeds 50 increase administratively on April 8, Bill for native sod tilled for annual crop percent of expected production at 55 2019. production from February 7, 2014, percent of the average market price for Prior to this rule, the NAP service fee through December 20, 2018. It also the crop. The 2014 Farm Bill changes was waived for beginning, limited applies the provisions to native sod authorized additional higher levels of resource, and socially disadvantaged tilled for production of any crop coverage (‘‘buy-up’’ coverage) ranging farmers. That waiver continues to apply enrolled in NAP after December 20, from 50 to 65 percent of production, in for those groups for 2019 and future 2018, for no more than 4 years during 5 percent increments, at 100 percent of years, and is also made available to the first 10 years of cropping. As under the average market price. However, that eligible veteran farmers as defined in 7 the 2014 Farm Bill, the NAP service fee buy-up coverage was only available for CFR 718.2. and premiums for crops planted on 2015 through 2018. The 2018 Farm Bill acreage subject to these provisions will makes buy-up coverage available for Payment and Income Limitation be 200 percent of the amount calculated 2019 and future crop years. This rule The 2018 Farm Bill establishes according to § 1437.7, with the premium amends § 1437.5 to remove the reference payment and income limitations that not to exceed the maximum amount of to 2015 through 2018 program years to apply to 2018 and subsequent crop, 5.25 percent times the payment be consistent with the 2018 Farm Bill. program, or fiscal year benefits. FSA is limitation. This rule also amends the As under the 2014 Farm Bill, crops and implementing the payment and income definition of native sod to be consistent grasses intended for grazing are limitations through a separate final rule with the new provisions. The 2018 Farm specifically excluded from buy-up to be published in the Federal Register. Bill does not change the de minimis coverage. The payment and income limitations are acreage exemption, which applies to To obtain buy-up coverage, producers specified in 7 CFR part 1400. areas of 5 acres or less, meaning that for are required to pay a premium, equal to The 2018 Farm Bill established these areas are exempt from the native 5.25 percent times the level of coverage, separate payment limitations for NAP sod provision. in addition to the NAP service fee. The assistance. The total NAP payment 50 percent premium reduction for amount for all crops with basic 50/55 Coverage Period beginning, limited resource, and coverage is limited to $125,000 per Prior to the 2018 Farm Bill, the NAP socially disadvantaged farmers or person or legal entity, directly or coverage period could not begin earlier ranchers specified in the regulation indirectly. The total NAP payment than 30 days after a producer filed a continues to apply for 2019 and future amount for all crops with buy-up NAP application for coverage. The 2018 years. The 2018 Farm Bill and this rule coverage is limited to $300,000 per Farm Bill changed this requirement to also extend the premium reduction to person or legal entity, directly or specify that the application for coverage eligible veteran farmer or ranchers as indirectly. A producer may elect must be filed ‘‘by an appropriate

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deadline before the beginning of the Hemp producers must provide the Additional Changes coverage period, as determined by the certification or license number and a In addition to the changes required by Secretary.’’ This rule amends § 1437.6 to copy of the certificate or license, and the 2018 Farm Bill, this rule makes specify that a coverage period could copies of all hemp processor contracts several additional changes to improve now begin as soon as one calendar day by the acreage reporting date. As for all program integrity and clarify NAP after an application for coverage is filed, crops, one of the NAP eligibility requirements. FSA is making changes to provided that the NAP-covered crop has requirements is proof of marketability. specify that lightning is an eligible an otherwise defined coverage period To be marketed, hemp must be cause of loss and wildfire is an eligible that would ordinarily accommodate that processed. Therefore, proof of related condition when it occurs with start date. This rule also specifies that marketability of the hemp crop is shown an eligible cause of loss listed in the coverage period for honey will begin by the contract the producer has with a § 1437.10(b)(1) or (2). It also specifies the later of one calendar day after the hemp processor. Hemp is not eligible for that failure to harvest and market a crop date the application for coverage is NAP benefits if the crop has a THC level due to lack of a sufficient plan for filed, one calendar day after the above 0.3 percent; therefore, producers harvesting and marketing given the kind application closing date, or the date the must also submit copies of THC test of crop, amount of crop, and time that colonies are set in place for honey results taken at harvest, which are all production may be mature and ready production. required under applicable State, Tribal, for harvest, the perishability of the crop, Hemp Eligibility and federal plans. Due to the risk of and the means or the resources to carry The 2018 Farm Bill defines ‘‘hemp’’ transmission of crop diseases that do out that plan is an ineligible cause of as the plant species Cannabis sativa L. not have adequate treatment options for loss. These changes to eligible and and any part of that plant, including the hemp, hemp is not eligible for NAP if ineligible causes of loss are intended to seeds thereof and all derivatives, it is grown on acres on which Cannabis, clarify existing policy and do not extracts, cannabinoids, isomers, acids, canola, dry beans, dry peas, mustard, change how FSA administers NAP. salts, and salts of isomers, whether rapeseed, soybeans in certain states This rule clarifies in § 1437.7 that the growing or not, with a delta-9 specified by FSA, or sunflowers were premium for buy-up coverage for value tetrahydrocannabinol (THC) grown the preceding crop year. Hemp is loss crops will be based on the lesser of concentration of not more than 0.3 not eligible for NAP benefits if the the maximum dollar value for which a percent on a dry weight basis. The 2018 producer’s certification or license is producer requests coverage, subject to Farm Bill allows commercial hemp terminated or suspended during the the applicable payment limitation, times production if the crop is grown in crop year. the coverage level, times the 5.25 compliance with a State, Tribal, or percent premium. This change corrects federal plan. Beginning with the 2020 Growing History Requirement for Buy- the regulation to conform to the statute crop year, hemp will be considered an Up Coverage and current NAP policy. It removes duplicate provisions for the premium eligible crop under NAP similar other FSA is making an additional change NAP crops for which catastrophic risk calculation for value loss crops in to § 1437.5 to limit buy-up coverage to § 1437.301. protection and additional coverage crops with at least one year of under the Federal Crop Insurance Act (7 Throughout this rule, FSA is successful growing history. The 2018 clarifying that the certain requirements U.S.C. 1508(b) and (c), and (h)) are not Farm Bill re-authorized buy-up NAP available or, if such coverage is specific to hand-harvested crops that coverage and at the same time increased available, it is only available under a require notification of damage or loss the payment limitation for crops with policy that provides coverage for within 72 hours of the date damage or buy-up coverage levels from $125,000 to specific intervals based on weather loss first becomes apparent will as well $300,000 per crop year. Therefore, and indexes or under a whole farm plan of as certain appraisal requirements will insurance. This rule adds a new section consistent with how some crop also apply to rapidly deteriorating containing hemp eligibility and program insurance products are first made crops. Because hand-harvested crops are requirements at § 1437.108 and defines available to producers of new crops, to typically also crops that deteriorate ‘‘hemp,’’ ‘‘hemp processor,’’ ‘‘hemp safeguard against potential program quickly in the field, this change does processor contract,’’ and ‘‘THC’’ in abuse and ensure that the higher level not substantially alter the crops subject § 1437.3. of coverage and increased payment to these requirements. This rule amends NAP only offers coverage to eligible limitation is only made available to § 1437.11 to require that for hand- hemp, which must be grown under a those who have at least demonstrated an harvested or rapidly deteriorating crops, Federal, State, or Tribal plan. Those ability to produce the crop successfully a producer must request an appraisal plans require a license. Therefore, to be absent disaster, FSA is making this and release of unharvested acreage eligible for NAP coverage, the hemp change. Such ability is reflected in their within 72 hours after the acreage is must be grown under an official previous successful production of the abandoned. This change is needed in certification or license issued by the crop. Accordingly, the producer must order for FSA to obtain an accurate applicable governing authority, the have successfully produced the crop in appraisal of potential production before producer must have a hemp processor a prior crop year in order to be eligible the crop begins to deteriorate. This rule contract for the crop by the acreage to purchase buy-up NAP coverage for does not change the current provision reporting date, and the crop must be that crop. Production of a crop is for crops that are not hand-harvested or planted for harvest as hemp in ‘‘successful’’ if there is some rapidly deteriorating, which requires the accordance with that contract. If a documented record that proves that the producer to request an appraisal within producer is also a hemp processor, a producer was able to produce at least 50 15 calendar days. This rule corrects corporate resolution including an percent of the county expected yield of § 1437.11 to apply the requirement for adoption of the terms specified in this the crop in the county in a prior crop filing a notice of loss to producers of rule for a hemp processor contract by year, unless the producer’s crop suffered value loss crops, in addition to the Board of Directors or officers will be a loss due to an eligible cause of loss in producers of yield-based crops. This considered a hemp processor contract. § 1437.10. correction is needed to ensure that all

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crop losses are timely reported and FSA Deputy Administrator. Additionally, average market price. Average market has adequate time to ensure that an FSA is amending § 1437.401 to specify prices are based on the best available appraisal is completed. that if a NAP-covered producer seeks a data (including National Agricultural For clarity, this rule also adds a NAP payment for forage crop acreage Statistics Service (NASS) data, National definition of ‘‘abandoned’’ in § 1437.3, intended for grazing determined based Institute of Food and Agriculture (NIFA) which is consistent with how FSA has on the collective percentage of loss, the data, knowledge of local markets, etc.) previously interpreted this term. producer is only required to file an and are comparable (though not This rule adds provisions to § 1437.7 application for payment. A notice of required to be equal) to established to specify when an acreage report must loss will not be required unless the Federal Crop Insurance Corporation be filed. These requirements reflect NAP-covered producer wants a NAP (FCIC) prices. current NAP policy. This rule adds payment determined based on the NAP- Beginning with the 2015 crop year, provisions to § 1437.8 to require covered producer’s unit production FSA had the ability to establish separate producers to provide acceptable similar to any other NAP-covered crop. average market prices within a State that evidence of their risk in the crop and This rule removes provisions in more closely reflected the prices ability and intent to harvest, transport, § 1437.503 that made prevented obtained by producers based on specific and market their expected production planting coverage available in Hawaii, situations, such as the use of different determined based on the approved yield Puerto Rico, and other tropical areas farming practices (conventional or of the crop, or their inventory for value approved by the Deputy Administrator organic) and sales to different markets loss crops. Acceptable evidence for Farm Programs. Common program (such as direct sales to consumers at includes documentation such as provisions in § 718.103(a) provide that farm stands or farmer’s markets). An receipts for seed and fertilizer and in order to be eligible for coverage for organic price option is currently contracts for harvest labor or transport prevented planting, an eligible cause of available for crops regardless of whether of the crop. FSA is making this loss must have occurred before the final they have basic 50/55 NAP coverage or clarifying change to be consistent with planting date for the crop or, in the case buy-up NAP coverage, and a direct the intent of NAP, which is to provide of multiple plantings, the harvest date of market option is currently available for assistance to producers who have a the first planting in the applicable crops with buy-up coverage. FSA legitimate risk in their crops based on planting period. Multiple planting currently offers a contract marketing what they would have reasonably been periods and final planting dates are not percentage option for producers with expected to successfully produce and applicable to covered tropical crops; buy-up coverage, which results in a market. therefore, tropical crops cannot be payment based on an established This rule amends § 1437.12 to specify eligible for prevented planting coverage. average market price for fresh and that FSA will establish the average This rule also amends § 1437.502 to processed intended uses. This is based market price for a crop by obtaining refer to the maximum service fee per on a producer’s contracted uses of the market prices for the 5 consecutive crop crop per administrative county provided crop for that crop year, but does not use years beginning with the most recent in § 1437.7. a producer’s individual contract price to year for which price data is available. This rule also specifies that the calculate a NAP payment. This change is consistent with current regulation is applicable to the 2019 and implementation of NAP and is intended subsequent crop years, and makes minor Effective Date, Notice and Comment, to provide flexibility when price data technical corrections to § 1437.5. and Paperwork Reduction Act for a crop is unavailable for the As specified in 7 U.S.C. 9091, the immediately preceding crop year. Streamlining Reporting and Premium Prices regulations to implement the provisions Under § 1437.16, when a producer has of Title I and the administration of Title adopted a scheme or device or made The 2018 Farm Bill directed FSA to I of the 2018 Farm Bill are: fraudulent misrepresentations or establish a streamlined process for the • Exempt from the notice and misrepresented facts to FSA, that submission of records and acreage comment provisions of 5 U.S.C. 553, producer must refund a NAP payment reports for diverse production systems, • Exempt from the Paperwork with interest and other amounts as such as those typical of urban Reduction Act (44 U.S.C. chapter 35), determined appropriate to the production systems, other small-scale and circumstances by FSA. This rule production systems, and direct-to- • To use the authority in 5 U.S.C. 808 amends those provisions to specify that consumer production systems. FSA is related to Congressional review and any FSA may assess liquidated damages of currently reviewing its existing policies potential delay in the effective date. 10 percent of an expected NAP payment to determine how the process can be The APA provides that the 30-day in those situations. simplified while continuing to meet all delay in the effective date and notice FSA has become aware that there are other statutory requirements. Any and comment provisions do not apply locations for which there are no changes made will be announced in when the rule involves specified independent assessors or assessments separate rulemaking. actions, including matters relating to available from which collective loss The 2018 Farm Bill also amended the benefits. This rule governs NAP determinations can be made for the payment provisions for crops with buy- payments and therefore falls within that geographical area. Therefore, to provide up coverage levels to specify that exemption. flexibility when two independent payments will be based on ‘‘the average The authority provided in 5 U.S.C. assessments of grazed forage acreage market price, contract price, or other 808 provides that when an agency finds conditions cannot be obtained, this rule premium price (such as a local, organic, for good cause that notice and public clarifies in § 1437.401 that when there is or direct market price, as elected by the procedure are impracticable, no similar mechanically harvested producer).’’ The average market price unnecessary, or contrary to the public forage acreage on a farm or similar farms has been typically established on a interest, that the rule may take effect at in the area and no independent state-by-state basis, meaning that all such time as the agency determines. Due assessments, FSA may use alternative NAP payments for a crop and, if to the nature of the rule, the mandatory methods for establishing the collective applicable, for an intended use within a requirements of the 2018 Farm Bill, and percentage of loss as, determined by the state would be based on the same the need to implement the regulations

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expeditiously to provide assistance to the regulatory reform of existing affect the quality of the human producers, FSA and CCC find that regulations and as an on-going environment, individually or notice and public procedure are approach. FSA reviewed this cumulatively, because of their context contrary to the public interest. regulations and made changes to and the anticipated intensity of impacts. The Office of Management and Budget improve any provision that was Executive Order 12372 (OMB) designated this rule as not major determined to be outdated, unnecessary, under the Congressional Review Act, as or ineffective. Executive Order 12372, defined by 5 U.S.C. 804(2). Therefore, ‘‘Intergovernmental Review of Federal FSA is not required to delay the Regulatory Flexibility Act Programs,’’ requires consultation with effective date for 60 days from the date The Regulatory Flexibility Act (5 State and local officials that would be of publication to allow for U.S.C. 601–612), as amended by the directly affected by proposed Federal Congressional review. Small Business Regulatory Enforcement financial assistance. The objectives of Accordingly, this rule is effective Fairness Act of 1996 (SBREFA), the Executive Order are to foster an upon publication in the Federal generally requires an agency to prepare intergovernmental partnership and a Register. a regulatory analysis of any rule strengthened Federalism, by relying on whenever an agency is required by APA Executive Orders 12866, 13563, 13771 State and local processes for State and or any other law to publish a proposed and 13777 local government coordination and rule, unless the agency certifies that the review of proposed Federal financial Executive Order 12866, ‘‘Regulatory rule will not have a significant assistance and direct Federal Planning and Review,’’ and Executive economic impact on a substantial development. For reasons specified in Order 13563, ‘‘Improving Regulation number of small entities. This rule is the final rule related notice regarding 7 and Regulatory Review,’’ direct agencies not subject to the Regulatory Flexibility CFR part 3015, subpart V (48 FR 29115, to assess all costs and benefits of Act because as noted above, this rule is June 24, 1983), the programs and available regulatory alternatives and, if exempt from notice and comment activities in this rule are excluded from regulation is necessary, to select rulemaking requirements of the APA the scope of Executive Order 12372. regulatory approaches that maximize and no other law requires that a net benefits (including potential proposed rule be published for this Executive Order 12988 economic, environmental, public health rulemaking initiative. This rule has been reviewed under and safety effects, distributive impacts, Environmental Review Executive Order 12988, ‘‘Civil Justice and equity). Executive Order 13563 Reform.’’ This rule will not preempt emphasized the importance of In general, the environmental impacts State or local laws, regulations, or quantifying both costs and benefits, of of rules are to be considered in a policies unless they represent an reducing costs, of harmonizing rules, manner consistent with the provisions irreconcilable conflict with this rule. and of promoting flexibility. The of the National Environmental Policy This rule does not have retroactive requirements in Executive Orders 12866 Act (NEPA, 42 U.S.C. 4321–4347), the effect. Before any judicial actions may and 13573 for the analysis of costs and regulations of the Council on be brought regarding the provisions of benefits to loans apply to rules that are Environmental Quality (40 CFR parts this rule, the administrative appeal determined to be significant. Executive 1500–1508), and FSA regulations for provisions of 7 CFR parts 11 and 780 are Order 13777, ‘‘Enforcing the Regulatory compliance with NEPA (7 CFR part to be exhausted. Reform Agenda,’’ established a federal 799). Some of the changes being made policy to alleviate unnecessary in the rule were self-enacting and have Executive Order 13132 regulatory burdens on the American already been implemented This rule has been reviewed under people. administratively. FSA has determined Executive Order 13132, ‘‘Federalism.’’ The Office of Management and Budget that participation in programs similar to The policies contained in this rule do (OMB) designated this rule as not those found in 7 CFR 1437 will not not have any substantial direct effect on significant under Executive Order significantly affect the quality of the States, on the relationship between the 12866, ‘‘Regulatory Planning and human environment (7 CFR part Federal government and the States, or Review,’’ and therefore, OMB has not 799.9(d)). In addition, most of these on the distribution of power and reviewed this rule and an analysis of changes are mandatory with limited or responsibilities among the various costs and benefits to loans is not no discretionary decisions regarding levels of government, except as required required under either Executives Orders implementation. Therefore, they are not by law. Nor does this rule impose 12866 or 13563. subject to review under NEPA. substantial direct compliance costs on Executive Order 13771, ‘‘Reducing Additional changes will not have a State and local governments. Therefore, Regulation and Controlling Regulatory significant impact on the quality of the consultation with the States is not Costs,’’ requires that in order to manage human environment either individually required. the private costs required to comply or cumulatively. The environmental with Federal regulations that for every responsibilities for each prospective Executive Order 13175 new significant or economically farmers will not change from the current This rule has been reviewed in significant regulation issued, the new process followed for all farm program accordance with the requirements of costs must be offset by the elimination actions. Therefore, FSA will not prepare Executive Order 13175, ‘‘Consultation of at least two prior regulations. As this an environmental assessment or and Coordination with Indian Tribal rule is designated not significant, it is environmental impact statement on this Governments.’’ Executive Order 13175 not subject to Executive Order 13771. In rule. requires Federal agencies to consult and general response to the requirements of The changes proposed include coordinate with tribes on a government- Executive Order 13777, USDA created a clarifications regarding eligible losses to-government basis on policies that Regulatory Reform Task Forces, and and causes of loss (types of natural have Tribal implications, including USDA agencies were directed to remove disasters). FSA has likewise determined regulations, legislative comments or barriers, reduce burdens, and provide that these efforts do not constitute major proposed legislation, and other policy better customer service both as part of Federal actions that would significantly statements or actions that have

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substantial direct effects on one or more List of Subjects in 7 CFR part 1437 Hemp processor means any business Indian Tribes, on the relationship Acreage allotments, Agricultural enterprise regularly engaged in between the Federal Government and commodities, Crop insurance, Disaster processing hemp that possesses all Indian Tribes or on the distribution of assistance, Fraud, Penalties, Reporting licenses and permits for processing power and responsibilities between the and recordkeeping requirements. hemp required by the applicable state or Federal Government and Indian Tribes. Federal governing authority, and that For the reasons as stated in the FSA has assessed the impact of this possesses facilities, or has contractual preamble, CCC amends 7 CFR part 1437 rule on Indian Tribes and determined access to such facilities with enough as follows: that this rule has Tribal implications equipment to accept and process that require Tribal consultation under PART 1437—NONINSURED CROP contracted hemp within a reasonable Executive Order 13175. Tribal DISASTER ASSISTANCE PROGRAM amount of time after harvest. consultation for this rule was included Hemp processor contract means a in the 2018 Farm Bill consultation held ■ 1. The authority citation for part 1437 legal written agreement executed on May 1, 2019, at the National Museum continues to read as follows: between the producer and hemp of American Indian, in Washington DC. Authority: 7 U.S.C. 1501–1508 and 7333; processor engaged in the production USDA Under Secretary for the Farm 15 U.S.C. 714–714m; 19 U.S.C. 2497, and 48 and processing of hemp containing at a Production and Conservation mission U.S.C. 1469a. minimum: area, as part of Title I session. There (1) The producer’s promise to plant were no specific comments from Tribes Subpart A—General Provisions and grow hemp and to deliver all hemp on this rule during Tribal consultation. to the hemp processor; If a Tribe requests additional ■ 2. Amend § 1437.1 as follows: (2) The hemp processor’s promise to consultation, FSA will work with the ■ a. Revise paragraph (b); and purchase the hemp produced by the USDA Office of Tribal Relations to ■ b. In paragraph (c), remove ‘‘2015’’ producer; and ensure meaningful consultation is and add ‘‘2019’’ in its place. (3) A base contract price, or method provided where changes, additions, and The revision reads as follows: to derive a value that will be paid to the modifications identified in this rule are § 1437.1 Applicability. producer for the production as specified not expressly mandated by law. in the processor’s contract. * * * * * (4) For a producer who is also a hemp Unfunded Mandates (b) The provisions in this part are processor, a corporate resolution by the Title II of the Unfunded Mandates applicable to eligible producers and Board of Directors or officers of the Reform Act of 1995 (UMRA, Pub. L. eligible crops for which catastrophic hemp processor will be considered a 104–4) requires Federal agencies to risk protection is not available under hemp processor contract if it contains assess the effects of their regulatory subsection (b) of section 508 of the the required terms listed in this actions of State, local, and Tribal Federal Crop Insurance Act (7 U.S.C. definition. 1508) and additional coverage under governments or the private sector. * * * * * Agencies generally must prepare a subsections (c) and (h) of section 508 or, if coverage is available, it is only THC means delta-9 written statement, including cost tetrahydrocannabinol. benefits analysis, for proposed and final available under a policy that provides coverage for specific intervals based on * * * * * rules with Federal mandates that may ■ 4. Amend § 1437.4 as follows: result in expenditures of $100 million or weather indexes or under a whole farm plan of insurance. ■ a. Revise paragraph (a)(4)(i); more in any 1 year for State, local or ■ b. Remove paragraph (a)(4)(ii); * * * * * Tribal governments, in the aggregate, or ■ c. Redesignate paragraphs (a)(4)(iii) ■ to the private sector. UMRA generally 3. Amend § 1437.3 as follows: and (a)(4)(iv) as (a)(4)(ii) and (a)(4)(iii), ■ requires agencies to consider a. Add the definitions of respectively; alternatives and adopt the more cost ‘‘Abandoned’’, ‘‘Hemp’’, ‘‘Hemp ■ d. Revise paragraph (c); effective or least burdensome alternative processor’’, ‘‘Hemp processor contract’’, ■ e. Redesignate paragraphs (d) and (e) that achieves the objectives of the rule. and ‘‘THC’’ in alphabetical order; and as (e) and (f), respectively; This rule contains no Federal mandates, ■ b. In the definition of ‘‘Native sod’’, ■ f. Add new paragraph (d); and as defined in Title II of UMRA, for State, remove the words ‘‘for the production of ■ g. In newly redesignated paragraph local and Tribal governments or the an annual crop through February 7, (e), remove ‘‘paragraph (c)’’ and add private sector. Therefore, this rule is not 2014’’. ‘‘paragraph (d)’’ in its place. subject to the requirements of sections The additions read as follows: The revisions and addition read as 202 and 205 of UMRA. § 1437.3 Definitions. follows. Federal Assistance Programs * * * * * § 1437.4 Eligibility. The title and number of the Federal Abandoned means to have (a) * * * Assistance Program found in the Catalog discontinued care for a crop or provided (4) * * * of Federal Domestic Assistance, to care so insignificant as to provide no (i) Catastrophic risk protection and which this rule applies, is: 10.451— benefit to the crop, or failed to harvest additional coverage under the Federal Noninsured Assistance. in a timely manner. Crop Insurance Act (7 U.S.C. 1508(b), * * * * * (c), and (h)) are not available or, if E-Government Act Compliance Hemp means the plant Cannabis coverage is available, it is only available FSA is committed to complying with sativa L. and any part of that plant, under a policy that provides coverage the E-Government Act, to promote the including the seeds thereof and all for specific intervals based on weather use of the internet and other derivatives, extracts, cannabinoids, indexes or under a whole farm plan of information technologies to provide isomers, acids, salts, and salts of insurance; or increased opportunities for citizen isomers, whether growing or not, with a * * * * * access to Government information and THC concentration of not more than 0.3 (c) Except as specified in paragraph services, and for other purposes. percent on a dry weight basis. (e) of this section, paragraph (d) of this

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section will apply to native sod acreage previous year and, in the event a loss the words ‘‘ranchers will’’ and add the in Iowa, Minnesota, Montana, Nebraska, due to an eligible cause of loss was words ‘‘ranchers, and veteran farmers North Dakota, and South Dakota that sustained, submit documentation of that and ranchers will’’ in their place; has been tilled: loss satisfying the requirements of ■ c. Revise paragraph (i); and (1) During the first 4 crop years of § 1437.11. ■ d. Add paragraphs (j), (k), and (l). The revisions and additions read as planting for native sod acreage that has * * * * * follows: been tilled for the production of an ■ 6. Amend § 1437.6 as follows: annual crop during the period beginning ■ a. In paragraph (a) introductory text, § 1437.7 Application for coverage, service on February 8, 2014, and ending on remove the phrase ‘‘30 days’’ and add fee, premium, transfers of coverage, and December 20, 2018; and the phrase ‘‘1 calendar day’’ in its place; acreage report. (2) For not more than any 4 crop years ■ b. In paragraph (a)(2), remove the * * * * * for native sod acreage that has been phrase ‘‘30 days’’ and add the phrase (b) The service fee or request for tilled for the production of any crop ‘‘30 calendar days’’ in its place; service fee waiver specified in after December 20, 2018: ■ c. In paragraphs (b)(1)(i), (c), and (d), paragraph (g) of this section must (i) During the first 10 crop years after remove the phrase ‘‘30 calendar days’’ accompany the application for coverage the initial tillage; and each time it appears and add the phrase in order for it to be considered filed. (ii) For which a NAP applicant must ‘‘1 calendar day’’ in its place; The service fee is: submit a service fee or NAP premium ■ d. Revise paragraph (e); (1) For applications filed by April 7, for a crop on that acreage. ■ e. In paragraph (f), remove the phrase 2019, $250 per crop per administrative (d) For acreage specified in paragraph ‘‘30 calendar days’’ and add the phrase county, up to $750 per producer per (c) of this section: ‘‘1 calendar day’’ in its place both times administrative county, not to exceed (1) The approved yield will be it appears; $1,875 per producer; and determined by using a yield equal to 65 ■ f. In paragraph (g), remove the phrase (2) For applications filed on or after percent of the producer’s T-yield for the ‘‘30 calendar days’’ and add the phrase April 8, 2019, $325 per crop per annually planted crop; and ‘‘1 calendar day’’ in its place, and administrative county, up to $825 per (2) The service fee or premium for the remove the phrase ‘‘30 days’’ and add producer per administrative county, not annual covered crop planted on native the phrase ‘‘1 calendar day’’ in its place; to exceed $1,950 per producer. sod will be equal to 200 percent of the and * * * * * amount determined in § 1437.7, as ■ g. Revise paragraph (h). (e) For value loss crops, premiums applicable, but the premium will not The revisions read as follows: will be equal to the lesser of: exceed the maximum amount specified (1) The product obtained by in § 1437.7(d)(2). § 1437.6 Coverage period. multiplying: * * * * * * * * * * (i) A 5.25-percent premium fee; and (e) Honey. Except as provided in (ii) The applicable payment limit; or ■ 5. Amend § 1437.5 as follows: paragraph (h) of this section, the (2) The sum of the premiums for each ■ a. In paragraph (d) introductory text, coverage period for honey begins the eligible crop, with the premium for each remove the words ‘‘For 2015 through later of 1 calendar day after the date of eligible crop obtained by multiplying: 2018 crop years, producers’’ and add the the application for coverage is filed; 1 (i) The maximum dollar value for words ‘‘Subject to paragraph (e) of this calendar day after the application which coverage is sought by the section, producers’’ in their place; and closing date; or the date the colonies are applicant; ■ b. In paragraph (d)(1), remove the set in place for honey production. The (ii) The coverage level elected by the word ‘‘your’’ and add the word ‘‘the’’ in producer; and coverage ends the last day of the crop its place; (iii) A 5.25-percent premium fee. year. ■ c. Redesignate paragraphs (e) and (f) * * * * * as paragraphs (f) and (g), respectively; * * * * * (i) For the 2019 and 2020 crop years, ■ d. Add new paragraph (e). (h) 2019 and 2020 crop years. For the if a crop’s application closing date is The addition reads as follows: 2019 and 2020 crop years only, if a before April 8, 2019, FSA will accept crop’s application closing date is before applications for coverage without regard § 1437.5 Coverage levels. April 8, 2019, the coverage period of the to whether or not the application for * * * * * crop will be as specified in paragraphs coverage was filed by the crop’s (e) A producer cannot obtain buy-up (a) through (g) of this section except that application closing date, provided that coverage for a crop if the producer has the date coverage begins will be the application for coverage includes not successfully produced the crop in a retroactive as long as the application for buy-up coverage according to previous year for which documentation coverage is filed by the application § 1437.5(d) and is filed by May 24, 2019. exists and that documentation shows closing date as specified in § 1437.7(i). Except as specifically stated in this rule, that the crop can be successfully grown This limited retroactive coverage for the the provisions of this paragraph do not by the producer in the county. 2019 and 2020 crop years only will apply to crops having an application Production of the crop is considered to begin 1 calendar day after the closing date established on or after April be successful if the producer produced established application closing date, 8, 2019, or to applications for coverage at least 50 percent of the county which would be the same as if they had that do not include buy-up coverage as expected yield for the same county for filed by the deadlines as specified in an option selected by the applicant. The which buy-up coverage is sought, unless paragraphs (a) through (g) of this coverage period for applications for the producer suffered a loss on the crop section. coverage filed according to this due to an eligible cause of loss in ■ 7. Amend § 1437.7 as follows: paragraph will be as specified in § 1437.10. If not already provided to ■ a. Revise the section heading and § 1437.6. FSA for any reason including NAP paragraphs (b) and (e); (j) An accurate acreage report must be coverage or assistance, the producer ■ b. In paragraph (g), remove the words filed for each crop included on an must submit documentation showing ‘‘and socially’’ and add the word application for coverage by the earliest successful growing of the crop in a ‘‘socially’’ in their place, and remove of:

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(1) The acreage reporting date for the ■ f. Add new paragraph (b)(3)(v); FSA may assess liquidated damages of crop announced by FSA; ■ g. In paragraph (d)(15), remove the 10 percent of the projected or received (2) 15 calendar days before the onset words ‘‘practices; or’’ and add the word NAP payment for the crop or of harvest or grazing of the crop acreage ‘‘practices;’’ in their place; commodity in violation. Liquidated being reported; or ■ h. In paragraph (d)(16), remove the ‘‘.’’ damages are in addition to any refund (3) The established normal harvest and add ‘‘; or’’ in its place; and of program benefits and are not date for the end of the coverage period. ■ i. Add paragraph (d)(17). considered a penalty. (k) Applications for coverage for The additions read as follows: * * * * * hemp are governed by this part. (l) Applications for coverage that were § 1437.10 Causes of loss. Subpart B—Determining Yield filed with FSA for all crops other than * * * * * Coverage Using Actual Production hemp that were covered under the (b) * * * History regulations in effect at the time of filing (1) * * * and which meet all the other (viii) Lightning; ■ 13. Add § 1437.108 to read as follows. requirements of this section will be * * * * * § 1437.108 Hemp. recognized by FSA. (3) * * * ■ 8. Amend § 1437.8 as follows: (v) Wildfire; or (a) Hemp is eligible for NAP coverage only if the hemp is: ■ a. In paragraph (a) introductory text, * * * * * (1) Grown under an official remove the words ‘‘records of crop (d) * * * certification or license issued by the acreage’’ and add the words ‘‘accurate (17) Failure to harvest or market the applicable governing authority that records of crop acreage’’ in their place crop due to lack of a sufficient plan or permits the production of the hemp; and revise the last sentence. resources. ■ b. In paragraph (b)(1), remove the (2) Grown under a hemp processor * * * * * words ‘‘crops must’’ and add the words contract executed by the applicable ‘‘or rapidly deteriorating crops, as ■ 10. Amend § 1437.11 as follows: acreage reporting date; and determined by the Deputy ■ a. In paragraph (a) and paragraph (b) (3) Planted for harvest as hemp in Administrator, must’’ in their place, and introductory text, remove the word accordance with the requirements of the remove the words ‘‘hand-harvested crop ‘‘hand-harvested’’ and add the words hemp processor contract and the acreage’’ and add the words ‘‘acreage of ‘‘hand-harvested or rapidly production management practices of the hand-harvested or rapidly deteriorating deteriorating’’ both times they appear; hemp processor. crops’’ in their place; ■ b. In paragraph (b)(2), remove the (b) In addition to all other ■ c. In paragraph (c)(1), remove the word ‘‘claims’’ add the words ‘‘claims requirements under this part, a producer word ‘‘and’’; and value loss claims’’ in its place; and who obtains NAP coverage for hemp ■ d. In paragraph (c)(2), remove the ■ c. Revise paragraph (d)(2)(ii). must submit by the acreage reporting period at the end of the paragraph and The revision reads as follows: date: (1) The certification or license add a semicolon in its place; and § 1437.11 Notice of loss, appraisal ■ number; e. Add paragraphs (c)(3) and (c)(4). requirements, and application for payment. The revision and additions read as (2) A copy of the certification form or follows: * * * * * official license issued by the applicable (d) * * * governing authority authorizing the § 1437.8 Records. (2) * * * producer to produce hemp; and (a)* * * A certification of an amount (ii) Within 72 hours after the acreage (3) A copy of each fully executed of production itself is not a record of is abandoned for hand-harvested or hemp processor contract. production. Certifications must be rapidly deteriorating crops, or within 15 (c) A producer must submit THC test accompanied by a record of production; calendar days after the acreage is results taken at harvest of the hemp records of production’’ in their place; abandoned for all other crops; crop. If the producer does not submit * * * * * * * * * * the THC test results, that production (c) * * * will not be included in the producer’s § 1437.12 [Amended] (3) The producer’s risk in the crop; actual yield for the purpose of and ■ 11. Amend § 1437.12 as follows: determining a producer’s APH under (4) The producer’s ability and intent ■ a. In paragraph (b)(1), remove the § 1437.101. to harvest, transport, and market the words ‘‘immediately preceding the crop (d) Hemp is not eligible for NAP crop’s expected production determined year of coverage, if available’’ and add coverage if it is planted on acres on by using the approved yield or the words ‘‘beginning with the most which Cannabis, canola, dry beans, dry inventory of the crop or commodity. recent year for which price data is peas, mustard, rapeseed, soybeans in * * * * * available’’ in their place; and states as determined by the Deputy ■ 9. Amend § 1437.10 as follows: ■ b. In paragraph (b)(4), remove the Administrator, or sunflowers were ■ a. Redesignate paragraphs (b)(1)(viii) words ‘‘immediately preceding the grown the preceding crop year. and (b)(1)(ix) as paragraphs (b)(1)(ix) previous crop year’’ and add the words (e) Hemp that has a THC level above and (b)(1)(x), respectively; ‘‘beginning with the most recent year for 0.3 percent: ■ b. Add new paragraph (b)(1)(viii); which price data is available’’ in their (1) Is not eligible for NAP benefits; ■ c. In newly redesignated paragraph place. and (b)(1)(ix), remove the cross reference ■ 12. In § 1437.16, amend paragraph (d) (2) Is not included in the producer’s ‘‘(viii)’’ and add the reference ‘‘(ix)’’ in by adding two sentences to the end of actual yield for the purpose of its place; the paragraph to read as follows: determining a producer’s APH under ■ d. In paragraph (b)(3)(iv), remove the § 1437.101. word ‘‘or’’; § 1437.16 Miscellaneous provisions. (f) Hemp will be ineligible for NAP ■ e. Redesignate paragraph (b)(3)(v) as * * * * * payment for that NAP crop year if the paragraph (b)(3)(vi); (d) * * * producer’s certification or license is

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terminated or suspended during that SECURITIES AND EXCHANGE with respect to hearing, determining, NAP crop year. COMMISSION ordering, certifying, reporting, or otherwise acting as to any work, Subpart D—Determining Coverage 17 CFR Part 200 business or matter.’’ Using Value Accordingly, the Commission is [Release Nos. 33–10757; 34–88245; IA– amending its rules to delegate authority § 1437.301 [Amended] 5446; IC–33802] to the General Counsel to file objections ■ 14. In § 1437.301, remove paragraph Delegation of Authority to the General in bankruptcy cases with respect to the (d). Counsel of the Commission routine, recurring issue of non-debtor third-party release provisions. Under Subpart E—Determining Coverage of AGENCY: Securities and Exchange this delegation, the General Counsel (or, Forage Intended for Animal Commission. under his or her direction, such persons Consumption ACTION: Final rule. as might be designated from time to time by the Chairman of the ■ 15. Amend § 1437.401 as follows: SUMMARY: The Securities and Exchange Commission) would authorize the staff, ■ a. In paragraph (f)(2), remove the word Commission (‘‘Commission’’) is revising in bankruptcy cases, to take the ‘‘conditions’’ and add the words regulations with respect to the following actions with respect to plan or ‘‘conditions, or by alternative methods delegations of authority to the settlement provisions that have the as determined by the Deputy Commission’s General Counsel. The effect of releasing, exculpating, Administrator’’ in its place; and revisions are a result of the discharging, or permanently enjoining ■ b. Add paragraph (g). Commission’s experience with its actions against non-debtor third parties The addition reads as follows: bankruptcy program and they are in contravention of Section 524(e) of the intended to conserve Commission Bankruptcy Code or applicable law: (1) § 1437.401 Forage. resources by delegating to staff the Object to approval of disclosure * * * * * discretion to file objections in statements, including on the basis that (g) For those NAP covered bankruptcy cases with respect to the the disclosure statement lacks adequate participants who seek to have a NAP frequently recurring issue of non-debtor information under Section 1125(b) to payment determined based on third-party releases. The revisions will support such release provisions; (2) paragraph (f)(2) of this section, a notice expedite and enhance the effectiveness object to confirmation of bankruptcy of loss under § 1437.11 will not be of the Commission’s bankruptcy plans; or (3) object to approval of required; only an application for program by enabling staff to meet settlements. payment must be filed. Unless bankruptcy court deadlines that affect Notwithstanding this delegation, the otherwise expressed by the NAP issues important to the Commission. General Counsel may submit any matter he or she believes appropriate to the covered participant, FSA will presume DATES: Effective March 2, 2020. Commission. Furthermore, any action the participant to want assistance for FOR FURTHER INFORMATION CONTACT: taken by the General Counsel pursuant grazed forage determined according to Morgan Bradylyons, Bankruptcy to delegated authority would be subject paragraph (f)(2) of this section. Counsel, and Tracey Hardin, Assistant to Commission review as provided by General Counsel for Appellate Litigation Rules 430 and 431 of the Commission’s Subpart F—Determining Coverage in and Bankruptcy, Office of the General the Tropical Region Rules of Practice, 17 CFR 201.430– Counsel, (202) 551–7926, Securities and 201.431 and 15 U.S.C. 78d–1(b). § 1437.502 [Amended] Exchange Commission, 100 F Street NE, Washington, DC 20549–9040. II. Administrative Law Matters ■ 16. Amend § 1437.502 as follows: SUPPLEMENTARY INFORMATION: The Commission finds, in accordance ■ a. In paragraph (b), remove ‘‘December with the Administrative Procedure Act 1’’ and add ‘‘December 31’’ in its place. I. Background (‘‘APA’’), that these revisions relate ■ b. In paragraph (c), remove the words The Commission is revising the solely to agency organization, ‘‘per county per crop year, a maximum delegations of authority to its General procedure, or practice and do not service fee of $250’’ and add the words Counsel as a result of the Commission’s constitute a substantive rule. 5 U.S.C. ‘‘the maximum service fee per crop per experience with its bankruptcy program. 553(b)(3)(A). Accordingly, the APA’s county provided at § 1437.7’’ in their The revisions are intended to increase provisions regarding notice of place. the efficiency of the Commission’s rulemaking, opportunity for public operations by delegating to staff the comment, and advance publication of § 1437.503 [Amended] discretion to file objections in the amendments prior to their effective ■ 17. In § 1437.503(a), remove the words bankruptcy cases with respect to the date are not applicable. These changes ‘‘crops, other than in Hawaii, Puerto frequently recurring issue of non-debtor are therefore effective on March 2, 2020. Rico, and other areas approved by the third-party releases. The revisions will For the same reason, and because these Deputy Administrator, except as expedite and enhance the effectiveness amendments do not affect the rights or approved by the Deputy Administrator of the Commission’s bankruptcy obligations of non-agency parties, the in special cases’’ and add the word program by enabling staff to meet provisions of the Small Business ‘‘crops’’ in their place. bankruptcy court deadlines that affect Regulatory Enforcement Fairness Act issues important to the Commission. are not applicable. 5 U.S.C. 804(3)(C) Richard Fordyce, Congress has authorized such delegation (the term ‘‘rule’’ does not include ‘‘any Administrator, Farm Service Agency. by Public Law 87–592, 76 Stat. 394, 15 rule of agency organization, procedure, Robert Stephenson, U.S.C. 78d–1(a), which provides that the or practice that does not substantially Executive Vice President, Commodity Credit Commission ‘‘shall have the authority to affect the rights or obligations of non- Corporation. delegate, by published order or rule, any agency parties.’’) Additionally, the [FR Doc. 2020–04103 Filed 2–28–20; 8:45 am] of its functions to . . . an employee or provisions of the Regulatory Flexibility BILLING CODE 3410–05–P employee board, including functions Act, 5 U.S.C. 601 et seq., which apply

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only when notice and comment are in contravention of Section 524(e) of the U.S.C. 27, which expressly provides that required by the APA or other law, are Bankruptcy Code or applicable law: the director of the USPTO may establish not applicable. These amendments do (1) Object to approval of disclosure procedures to revive an unintentionally not contain any collection of statements, including on the basis that abandoned application for patent or information requirements as defined by the disclosure statement lacks adequate accept an unintentionally delayed issue the Paperwork Reduction Act of 1995. information under Section 1125(b) to fee payment, upon petition by the See 5 CFR 1320.3. Further, because the support such release provisions; applicant for patent or patent owner. amendments impose no new burdens on (2) Object to confirmation of See Public Law 112–211, 201(b)(1), 126 private parties, the Commission does bankruptcy plans; or Stat. at 1534. Section 202(b)(1)(B) of the not believe that the amendments will (3) Object to approval of settlements. PLTIA amended 35 U.S.C. 41(c)(1) to have any impact on competition for * * * * * provide that the director may accept the payment of any maintenance fee purposes of Section 23(a)(2) of the By the Commission. Securities Exchange Act of 1934. 15 required by 35 U.S.C. 41(b) after the six- Dated: February 19, 2020. U.S.C. 78w(a)(2). month grace period if the delay is Vanessa A. Countryman, shown to the satisfaction of the director III. Statutory Authority Secretary. to have been unintentional. See Sec. This rule is adopted pursuant to [FR Doc. 2020–03705 Filed 2–28–20; 8:45 am] 202(b)(1)(B), Public Law 112–211, 126 statutory authority granted to the BILLING CODE 8011–01–P Stat. at 1535–36. The 18-month Commission, including Section 19 of publication provisions of the American the Securities Act of 1933, 15 U.S.C. Inventors Protection Act of 1999 (AIPA) 77s; Sections 4A, 4B, and 23 of the DEPARTMENT OF COMMERCE amended 35 U.S.C. 119 and 120 to Exchange Act, 15 U.S.C. 78d–1, 78d–2, provide that a priority claim for a and 78w; Section 38 of the Investment Patent and Trademark Office foreign or international application and Company Act of 1940, 15 U.S.C. 80a–37; a benefit claim to an earlier domestic Section 211 of the Investment Advisers 37 CFR Part 1 provisional or nonprovisional application must be filed within the Act of 1940, 15 U.S.C. 80b–11; and [Docket No. PTO–P–2019–0035] Section 3 of the Sarbanes-Oxley Act of period required by the USPTO, but that 2002, 15 U.S.C. 7202. Clarification of the Practice for the USPTO may establish procedures to accept an unintentionally delayed List of Subjects in 17 CFR Part 200 Requiring Additional Information in Petitions Filed in Patent Applications priority or benefit claim. See Public Law Administrative practice and and Patents Based on Unintentional 106–113, 113 Stat. 1501, 1501A–563 procedure, Authority delegations Delay through 1501A–564 (1999). (Government agencies). The USPTO revised the rules of For the reasons set out in the AGENCY: United States Patent and practice to implement the 18-month preamble, the Commission is amending Trademark Office, Department of publication provisions of section 4503 Title 17, Chapter II of the Code of Commerce. of the AIPA in September 2000. This Federal Regulations as follows: ACTION: Clarification. included revising the rules of practice pertaining to foreign priority and PART 200—ORGANIZATION; SUMMARY: The United States Patent and domestic benefit claims (37 CFR 1.55 CONDUCT AND ETHICS; AND Trademark Office (USPTO) is clarifying and 1.78) to set a time period within INFORMATION AND REQUESTS its practice as to situations that will which such priority and benefit claims require additional information about must be filed, and to provide for the Subpart A—Organization and Program whether a delay in seeking the revival acceptance of unintentionally delayed Management of an abandoned application, priority or benefit claims. See Changes acceptance of a delayed maintenance fee to Implement Eighteen-Month ■ 1. The general authority citation for payment, or acceptance of a delayed Publication of Patent Applications, 65 part 200, subpart A continues to read in priority or benefit claim was FR 57023, 57024–25, 57030–31, 57053– part as follows: unintentional. 55 (September 20, 2000). The USPTO Authority: 15 U.S.C. 77c, 77o, 77s, 77z–3, DATES: The clarification of practice set revised the rules of practice for 77sss, 78d, 78d–1, 78d–2, 78o–4, 78w, consistency with the PLT and title II of 78ll(d), 78mm, 80a–37, 80b–11, 7202, and forth is applicable to any petition decided on or after March 2, 2020. the PLTIA in October 2013. This 7211 et seq., unless otherwise noted. included revising the rules of practice * * * * * FOR FURTHER INFORMATION CONTACT: pertaining to the revival of abandoned Christina Tartera Donnell, Attorney ■ 2. Amend § 200.30–14 by: applications (37 CFR 1.137) and Advisor, Office of Petitions, by ■ a. Redesignating paragraphs (f) acceptance of delayed maintenance fee telephone at 571–272–3211; or Douglas through (o) as paragraphs (g) through payments (37 CFR 1.378) to provide for I. Wood, Attorney Advisor, Office of (p); and the revival of abandoned applications Petitions, by telephone at 571–272– ■ b. Adding new paragraph (f). and acceptance of delayed maintenance 3231; or by mail addressed to: Mail Stop The addition reads as follows. fee payments solely on the basis of Comments-Patents, Commissioner for ‘‘unintentional’’ delay, as well as § 200.30–14 Delegation of authority to the Patents, P.O. Box 1450, Alexandria, VA revisions to the rules of practice General Counsel. 22313–1450. pertaining to foreign priority and * * * * * SUPPLEMENTARY INFORMATION: Title II of domestic benefit claims (37 CFR 1.55 (f) In bankruptcy cases, to take the the PLTIA amended the provisions of and 1.78). See Changes to Implement following actions with respect to plan or title 35, United States Code (U.S.C.), to the Patent Law Treaty, 78 FR 62368, settlement provisions that have the implement the Patent Law Treaty (PLT). 62377–78, 62380–83, 62399–400, effect of releasing, exculpating, See Public Law 112–211, § 201–203, 126 62402–07 (October 21, 2013). discharging, or permanently enjoining Stat. 1527, 1533–37 (2012). Section The provisions for the revival of an actions against non-debtor third parties 201(b) of the PLTIA added a new 35 abandoned application (37 CFR 1.137)

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require a petition including, inter alia, situations where there has been such an patent, or due date of the priority claim) a statement that the entire delay in filing extended delay in filing the petition, the can also create uncertainty and the required reply, from the due date of USPTO is provided with sufficient unpredictability relating to patent rights the reply until the filing of a grantable information of the facts and because the abandoned status of an petition, was unintentional, but also circumstances surrounding the entire application, or the expired status of a provide that ‘‘[t]he Director may require delay to support a conclusion that the patent, or an absence of the priority or additional information where there is a entire delay was ‘‘unintentional.’’ benefit claim, may be relied upon by question whether the delay was Section 711.03(c) of the Manual of other parties. Requiring additional unintentional’’ (37 CFR 1.137(b)(4)). The Patent Examining Procedure (MPEP) information in these situations will provisions for the acceptance of a discusses the ‘‘unintentional’’ delay improve the reliability and delayed maintenance fee payment (37 standard with respect to petitions to predictability of patent rights by CFR 1.378) similarly require a petition revive an abandoned application, but its ensuring that only applications and including, inter alia, a statement that the discussion of the ‘‘unintentional’’ delay patents in which the entire delay was delay in payment of the maintenance fee is generally applicable to any petition unintentional are revived or reinstated, was unintentional, but also provide that under the ‘‘unintentional’’ delay and only priority or benefit claims for ‘‘[t]he Director may require additional standard. The USPTO usually relies which the entire delay was information where there is a question upon the applicant’s duty of candor and unintentional are accepted. whether the delay was unintentional’’ good faith and accepts the statement Accordingly, any applicant filing a (37 CFR 1.378(b)(3)). The provisions for that the entire delay was unintentional petition to revive an abandoned the acceptance of a delayed priority or without requiring further information application under 37 CFR 1.137 more benefit claim (37 CFR 1.55 and 1.78) because the applicant or patentee is than two years after the date of likewise require a statement that the obligated under 37 CFR 11.18 to inquire abandonment, any patentee filing a delay between the date the claim was into the underlying facts and petition to accept a delayed due and the date the claim was filed was circumstances when providing this maintenance fee under 37 CFR 1.378 unintentional, but also provide that statement to the USPTO. See MPEP more than two years after the date of ‘‘[t]he Director may require additional § 711.03(c), subsection II.C. An expiration for nonpayment of a information where there is a question extended period of delay (i.e., more than maintenance fee, and any applicant or whether the delay was unintentional’’ two years from the date the application patent owner filing a petition to accept (37 CFR 1.55(e)(4), 1.78(c)(3) and (e)(3)). became abandoned, the patent expired, a delayed priority or benefit claim under or a priority or benefit claim was due) 37 CFR 1.55(e) or 1.78(c) and (e) more The USPTO is clarifying its practice in filing a petition to revive an than two years after the due date of the as to situations that will require application, accept a delayed priority or benefit claim should expect additional information about whether a maintenance fee payment, or accept a to be required to provide an additional delay in seeking the revival of an delayed priority or benefit claim, explanation of the circumstances abandoned application, acceptance of a however, raises a question as to whether surrounding the delay that establishes delayed maintenance fee payment, or the entire delay was unintentional. This that the entire delay was unintentional. acceptance of a delayed priority or may create uncertainty and This requirement is in addition to the benefit claim was unintentional. unpredictability relating to patent rights requirement to provide a statement that Specifically, the USPTO will require in that there is a greater likelihood that the entire delay was unintentional in 37 additional information in these cases, the entire delay may not be CFR 1.137(b)(4) and 1.378(b)(3), or first, when a petition to revive an ‘‘unintentional’’ within the meaning of 1.55(e)(4), or 1.78(c)(3) and (e)(3). abandoned application is filed more 37 CFR 1.55, 1.78, 1.137, and 1.378, as The USPTO may revisit the two-year than two years after the date the compared to a petition that was filed time period established in this notice for application became abandoned; second, within a shorter time period after the requiring an additional explanation as when a petition to accept a delayed abandonment of the application, to whether a delay is unintentional at a maintenance fee payment is filed more expiration of the patent, or due date for future point and may adjust the time than two years after the date the patent a priority or benefit claim. An applicant period based on an evaluation of expired for nonpayment; and third, or patentee cannot meet the whether a two-year time period is when a petition to accept a delayed ‘‘unintentional delay’’ standard in 37 appropriate for requesting additional priority or benefit claim is filed more CFR 1.55(e), 1.78(c) and (e), 1.137(a), or information when determining whether than two years after the date the priority 1.378(b) if the entire delay is not a period of delay is unintentional. or benefit claim was due. See, e.g., unintentional. See MPEP 711.03(c), Nothing in this notice should be taken Changes to Patent Practice and subsections II.C. through F. as an indication that the USPTO will Procedure, 62 FR 53131, 53158–59, Furthermore, providing an only require additional information in 53161 (October 10, 1997) (the length of inappropriate statement that the delay consideration of a petition to revive an the delay in filing a petition to revive was ‘‘unintentional’’ may have an abandoned application under 37 CFR may itself raise a question as to whether adverse effect when attempting to 1.137 filed more than two years after the the delay was unintentional, and thus enforce the patent. See In re Rembrandt date the application became abandoned, the USPTO may require additional Technologies LP Patent Litigation, 899 a petition to accept a delayed information as to the cause of the delay F.3d 1254, 1272–73 (Fed. Cir. 2018) maintenance fee payment in an expired when a petition to revive is not filed (patents held unenforceable due to a patent under 37 CFR 1.378 filed more promptly). The reason for requiring finding of inequitable conduct in than two years after the date the patent additional information in cases where submitting an inappropriate statement expired, or a petition under 37 CFR there has been an extended delay—a that the delay was unintentional). 1.55(e) or 1.78(c) or (e) to accept a delay of more than two years from the Revival of an application, reinstatement delayed priority or benefit claim filed date the application became abandoned, of a patent, or acceptance of a priority more than two years after the due date the patent expired, or a priority or or benefit claim after an extended delay of the priority or benefit claim. The benefit claim was due—until the filing (i.e., more than two years since the date USPTO may require additional of a petition, is to ensure that, in of abandonment, expiration of the information whenever there is a

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question as to whether the delay was 1. Timing of Inspections and Facility C. What is the Agency’s authority for unintentional. Notification taking the action? 2. Inspector Qualifications Dated: February 18, 2020. 3. Obtaining Consent to Enter EPA’s authority to issue this Andrei Iancu, 4. Opening Conference procedural rule is contained in the: Under Secretary of Commerce for Intellectual 5. Physical Inspection Clean Air Act (CAA): 42 U.S.C. 7414, Property and Director of the United States 6. Managing Confidential Business 7525, 7542, 7603, 7621; Clean Water Act Patent and Trademark Office. Information (CBI) (CWA): 33 U.S.C. 1318, 1321, 1364, [FR Doc. 2020–03715 Filed 2–28–20; 8:45 am] 7. Interview Facility Personnel 1367; Comprehensive Environmental 8. Records Review BILLING CODE 3510–16–P Response, Compensation, and Liability 9. Sampling Act (CERCLA) (Superfund): 42 U.S.C. 10. Closing Conference 9604, 9606, 9622, Executive Order B. Inspection Report ENVIRONMENTAL PROTECTION III. Statutory and Executive Order Reviews 12580, section 2(j)(2); Federal AGENCY Insecticide, Fungicide, and Rodenticide I. General Information Act (FIFRA): 7 U.S.C. 136; Resource 40 CFR Part 31 A. Does this action apply to me? Conservation and Recovery Act (RCRA): 42 U.S.C. 6908, 6912, 6927, 6928, 6934, [FRL–10005–45–OECA] This rule applies to all federally 6971, 6973, 6991, 6992; Safe Drinking RIN 2020–AA53 credentialed EPA civil inspectors, Water Act (SDWA): 42 U.S.C. 300; and federally credentialed contractors and the Toxic Substances Control Act On-Site Civil Inspection Procedures Senior Environmental Employment (TSCA): 15 U.S.C. 2610. EPA is also (SEE) employees conducting inspections issuing this rule under its housekeeping AGENCY: Environmental Protection on behalf of EPA. As an internal rule of authority. Section 301 of Title 5 U.S.C. Agency (EPA). Agency procedure, the rule does not authorizes an agency head to prescribe ACTION: Final rule. apply to federally credentialed state and regulations governing his or her SUMMARY: EPA is promulgating this rule tribal inspectors conducting inspections department and the performance of its of Agency procedure to fulfill the on EPA’s behalf. This rule describes business, among other purposes. EPA objectives outlined in the October 9, certain important aspects of the gained housekeeping authority through 2019 Executive Order (E.O.) 13892, Agency’s process of conducting on-site the Reorganization Plan No. 3 of 1970, Promoting the Rule of Law Through civil inspections and does not alter the 84 Stat. 2086 (July 9, 1970), as Transparency and Fairness in Civil rights or interests of parties or any recognized by the U.S. Department of Administrative Enforcement and person or entity outside the EPA. Justice Office of Legal Counsel. See ‘‘Authority of EPA to Hold Employees Adjudication. This rule describes B. What action is the Agency taking? certain Agency procedures for Liable for Negligent Loss, Damage, or conducting on-site civil inspections, as The purpose of this rulemaking is to Destruction of Government Personal contemplated by section 7 of E.O. provide direction to agency personnel Property,’’ 32 O.L.C. 79, 2008 WL 13892, Ensuring Reasonable on how to conduct EPA on-site civil 4422366 at *4 (May 28, 2008). As a rule Administrative Inspections. This rule administrative inspections, as required of Agency procedure this rule is exempt applies to on-site civil inspections by section 7 of E.O. 13892, entitled from the notice and comment conducted by federally credentialed Ensuring Reasonable Administrative requirements set forth in the EPA civil inspectors, federally Inspections, and which states: ‘‘Within Administrative Procedure Act. See 5 credentialed contractors and Senior 120 days of the date of this order, each U.S.C. 553(b)(A). Environmental Employment (SEE) agency that conducts civil II. Background employees conducting inspections on administrative inspections shall publish behalf of EPA. a rule of agency procedure governing A. General Overview of On-Site Civil Inspections DATES: This rule is effective March 2, such inspections, if such a rule does not 2020. already exist. Once published, an Below is a general overview of the agency must conduct inspections of process for conducting on-site civil FOR FURTHER INFORMATION CONTACT: regulated parties in compliance with the inspections. To ensure greater Chad Carbone (202–564–2523), Office rule.’’ This rulemaking addresses the transparency and clearer direction to its Enforcement and Compliance Assurance common elements applicable to on-site inspectors, the Agency is codifying the (2221A), U.S. Environmental Protection civil inspections for compliance with all major elements of inspections it carries Agency, Washington, DC 20460; of the environmental laws that EPA out in its civil enforcement of telephone number: (202) 564–2523; fax implements. The specific activities that environmental laws. (This rule does not number: (202) 564–0050; email: may occur during an inspection may apply to investigations of environmental [email protected]. vary depending on the facility and the crimes.) This overview also provides SUPPLEMENTARY INFORMATION: The statutory authority upon which the information regarding additional following outline is provided to assist inspection is based. It is also important activities that may occur during the civil the reader in locating topics of interest to note that EPA inspections are only inspection process. in the rule. one type of compliance monitoring 1. Timing of Inspections and Facility Table of Contents activity that EPA conducts in order to help evaluate compliance. The primary Notification I. General Information focus of inspections is on recording EPA inspectors should generally A. Does this action apply to me? observations and gathering information. conduct inspections during the facility’s B. What action is the Agency taking? C. What is the Agency’s authority for As such, compliance determinations are normal work hours. However, there may taking the action? an independent process that rely upon be circumstances which require EPA II. Background a myriad of information and are inspectors to access, monitor, or observe A. General Overview of On-Site Civil reviewed by Agency attorneys and specific operations or activities at other Inspections management. times. Where possible, for announced

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inspections, EPA inspectors shall take ask facility personnel for an overview of records taken from the facility. An EPA reasonable steps to work with the plant operations, potential site-specific inspector may request records before, facility to agree on a workable schedule health and safety hazards, confirm during, or after an inspection. for accessing areas for the inspection. whether the inspection requires access 9. Sampling EPA inspectors have the authority to to specific portions of the facility, and conduct, and do conduct, inspections obtain a site map indicating the EPA inspectors may take samples with or without prior notice to a facility. locations where potentially regulated when appropriate. Where applicable and practicable, during the opening 2. Inspector Qualifications activities are conducted. If the facility is a small business, EPA conference, the inspector shall offer EPA inspectors must hold a valid inspectors will offer a Small Business facility personnel the opportunity to credential to perform the inspection. Resources Information Sheet that obtain split samples or to collect EPA credentials are issued to inspectors provides an array of resources to help duplicate samples. that have completed training relevant to small businesses understand and 10. Closing Conference the statutory programs under which comply with federal and state they will inspect and training for health environmental laws. In addition to EPA inspectors shall offer a closing and safety hazards they may encounter helping small businesses understand conference with available facility or experience while conducting their environmental obligations and employees, as practicable. A closing inspections. improve compliance, these resources conference may not be possible where, for example, an inspection is conducted 3. Obtaining Consent To Enter may also help such businesses find cost- effective ways to comply through at a geographically isolated portion of Upon arrival at a facility, EPA pollution prevention techniques and the facility and no facility staff are inspectors shall present their valid EPA innovative technologies. located nearby. If a closing conference is Inspector Credentials to a facility possible and appropriate, EPA employee, describe the authority and 5. Physical Inspection inspectors will discuss any outstanding purpose of the inspection, and where EPA inspectors shall inspect the questions or missing documents and the possible seek the facilities’ consent to areas, units, sources and processes process for follow up. EPA inspectors enter. Inspectors are required under relevant to the scope of the inspection. may also discuss next steps and how the certain statutes to advise facility The inspectors will generally document facility will be contacted on the results personnel that they can deny entry, but their observations with photos and of the inspection and identify the EPA may then seek a warrant for entry. notes. appropriate point of contact for further EPA inspectors should not sign a communication and coordination. EPA facility release of liability (waiver) or 6. Managing Confidential Business inspectors may also summarize any any statement limiting EPA’s use of Information (CBI) potential ‘‘areas of concern’’ identified information. However, the EPA Pursuant to existing statutory and in the inspection. inspector can sign a ‘‘visitors log sheet,’’ regulatory requirements, inspectors B. Inspection Report if there are no limitations printed on the shall complete appropriate, statute- sheet. EPA inspectors are not authorized specific, CBI training before managing After an inspection, EPA shall share to relinquish their EPA Inspector CBI. The EPA inspectors shall manage an inspection report with the facility. Credential. EPA inspectors are also not all CBI claims made by a facility during The content and format of the report authorized to relinquish their personally an inspection in accordance with 40 may vary depending on the facility, type identifiable information (e.g., driver’s CFR part 2, subpart B. of the inspection, and the statutory license), except in certain circumstances authority upon which the inspection is to obtain Federal Facility security 7. Interview Facility Personnel based. The inspection report may be a access. Finally, some statutes also EPA inspectors may conduct narrative, form, checklist, letter, email require the facility to sign a ‘‘Notice of interviews of facility personnel as message or other type of document. Inspection’’ form at the time of entry. appropriate. Interviews may include, III. Statutory and Executive Order but are not limited to, the 4. Opening Conference Reviews environmental contacts, process The EPA inspector shall request an operators, contractors, maintenance A. Executive Orders 12866: Regulatory opening conference with available personnel, process engineers, control Planning and Review and Executive facility representatives or employees, room operators, and other employees Order 13563: Improving Regulation and where practicable. This may not be working in the area(s) of interest. EPA Regulatory Review possible, for example, where facility inspectors should document names and This action is exempt from review by personnel are not on-site or where the titles of all facility personnel the Office of Management and Budget site is geographically isolated, and no interviewed including the places and (OMB) because it is limited to agency facility or staff are located nearby. The dates in which these interviews organization, management or personnel opening conference will commence as occurred. matters. early as possible upon arrival at the facility, unless there are specific reasons 8. Records Review B. Executive Order 13771: Reducing why that is not feasible or conflicts with Once the records requested by the Regulations and Controlling Regulatory the inspection objectives. The EPA EPA inspector are assembled, the EPA Costs inspector shall discuss the overall inspector shall review any records This action is not an Executive Order objectives of the inspection and relevant to the facility inspection/field 13771 regulatory action because it establish him or herself as a investigation. EPA inspectors may relates to ‘‘agency organization, spokesperson for EPA during the request copies of many different types of management or personnel.’’ inspection. EPA inspectors may request records (paper, electronically scanned, access to/copies of facility records and downloaded or recorded through other C. Paperwork Reduction Act (PRA) request to interview facility employees, digital storage devices), when This action does not contain any as necessary. EPA inspectors may also appropriate, and record copies of information collection activities and

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therefore does not impose an have a significant adverse effect on the (c) At the beginning of an inspection, information collection burden under the supply, distribution or use of energy. EPA inspectors shall present their PRA. credentials to the owner, operator, or J. National Technology Transfer and agent in charge at the facility or site, if D. Regulatory Flexibility Act (RFA) Advancement Act (NTTAA) available. EPA inspectors shall generally This action is not subject to the RFA. This rulemaking does not involve explain the nature and purpose of the The RFA applies only to rules subject to technical standards. inspection; offer an opening conference; notice and comment rulemaking K. Executive Order 12898: Federal confirm any safety hazards; and indicate requirements under the Administrative Actions To Address Environmental generally the scope of the inspection Procedure Act (APA), 5 U.S.C. 553, or Justice in Minority Populations and and the records which they wish to any other statute. This rule pertains to Low-Income Populations review. However, such designation of agency management or personnel, records shall not preclude access to which the EPA expressly exempts from This action is not subject to Executive additional records. notice and comment rulemaking Order 12898 (59 Fed 7629, Feb. 16, (1) During the opening conference, requirements under 5 U.S.C. 553(a)(2). 1994) because it does not establish an EPA inspectors shall, where applicable environmental health or safety standard. E. Unfunded Mandates Reform Act and practicable, offer facility personnel (UMRA) L. Congressional Review Act (CRA) the opportunity to obtain split samples This rule is exempt because it is a rule or to collect duplicate samples. This action does not contain any of agency organization, procedure, or (2) If the facility is a small business, unfunded mandate as described in practice that does not substantially EPA inspectors shall offer a Small UMRA, 2 U.S.C. 1531–1536, and does affect the rights or obligations of non- Business Resources Information Sheet to not significantly or uniquely affect small agency parties. help small businesses understand and governments. The action imposes no comply with federal and state enforceable duty on any state, local or List of Subjects in 40 CFR Part 31 environmental laws. tribal governments or the private sector. Environmental protection, On-site (d)(1) EPA inspectors shall document F. Executive Order 13132: Federalism civil inspection procedures. observations, and, as appropriate, take Dated: February 6, 2020. environmental or other samples and This action does not have federalism take or obtain photographs and copies of Andrew R. Wheeler, implications. It will not have a documents related to the purpose of the substantial direct effect on the States, on Administrator. inspection, and employ other reasonable the relationship between the national ■ For the reasons set forth in the investigative techniques. government and the States, or on the preamble, EPA adds 40 CFR part 31, (2) Where possible, EPA inspectors distribution of power and consisting of § 31.1, to subchapter A to shall interview the owner, operator, responsibilities among the various read as follows: agent or employee of an establishment. levels of government. Reasonable investigative techniques PART 31—ON-SITE CIVIL INSPECTION include, but are not limited to, the use G. Executive Order 13175: Consultation PROCEDURES and Coordination With Indian Tribal of monitoring devices/equipment to measure releases to the environment. Governments Authority: Clean Air Act 42 U.S.C. 7414, (e) EPA inspectors shall take This action does not have tribal 7525, 7542, 7603, 7621; Clean Water Act 33 U.S.C. 1318, 1321, 1364, 1367; reasonable precautions to ensure actions implications as specified in Executive conducted during inspections will not Order 13175. Comprehensive Environmental Response, Compensation, and Liability Act 42 U.S.C. cause hazardous situations, and, where H. Executive Order 13045: Protection of 9604, 9606, 9622, Executive Order 12580, appropriate, wear and use appropriate Children From Environmental Health section 2(j)(2); Federal Insecticide, Fungicide, protective clothing and equipment. Risks and Safety Risks and Rodenticide Act 7 U.S.C. 136; Resource (f)(1) At the conclusion of an Conservation and Recovery Act 42 U.S.C. inspection, EPA inspectors shall offer a The EPA interprets Executive Order 6908, 6912, 6927, 6928, 6934, 6971, 6973, 13045 as applying only to those 6991, 6992; Safe Drinking Water Act 42 closing conference, where practicable, regulatory actions that concern U.S.C. 300; Toxic Substances Control Act 15 to confer with the facility/site environmental health or safety risks that U.S.C. 2610; 5 U.S.C. 301; and representative and informally advise Reorganization Plan No. 3 of 1970, 84 Stat. them of any observations, potential EPA has reason to believe may 2086. disproportionately affect children, per deficiencies and concerns discovered by the inspection, as applicable. the definition of ‘‘convered regulatory § 31.1 Procedures conducted by EPA for action’’ in section 2–202 of the on-site civil inspections. (2) During such conference, the Executive Order. This action is not (a) All on-site civil inspections by facility/site representative shall be subject to Executive Order 13045 EPA inspectors shall be conducted in afforded an initial opportunity to bring because it does not concern an accordance with this part. For purposes to the attention of the EPA inspector any environmental health risk or safety risk. of this part, all references throughout to pertinent information regarding the ‘‘inspection’’ or ‘‘inspections’’ refer to potential concerns identified. I. Executive Order 13211: Actions on-site civil inspections; this part does (g) After an inspection, EPA shall Concerning Regulations That not apply to criminal inspections or prepare an inspection report and share Significantly Affect Energy Supply, investigations of environmental crimes. it with the facility. The content and Distribution or Use (b) EPA inspections shall take place at format of the report may vary. This action is not a ‘‘significant such times and in such places as [FR Doc. 2020–03508 Filed 2–28–20; 8:45 am] energy action’’ because it is not likely to appropriate. BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 85, No. 41

Monday, March 2, 2020

This section of the FEDERAL REGISTER Room W12–140 of the West Building T00001SE for single-occupant oblique contains notices to the public of the proposed Ground Floor at 1200 New Jersey seats with pretensioner restraint issuance of rules and regulations. The Avenue SE, Washington, DC, between 9 systems, instead of airbags, which are purpose of these notices is to give interested a.m. and 5 p.m., Monday through the typical restraints used to protect the persons an opportunity to participate in the Friday, except Federal holidays. passengers from head injuries. These rule making prior to the adoption of the final • rules. Fax: Fax comments to Docket seats are to be installed in Boeing Model Operations at 202–493–2251. 777–300ER series airplanes. The Boeing Privacy: The FAA will post all Model 777–300ER series airplanes are DEPARTMENT OF TRANSPORTATION comments it receives, without change, twin-engine, transport-category to http://www.regulations.gov/, airplanes with passenger seating Federal Aviation Administration including any personal information the capacity of 550 and a maximum takeoff commenter provides. Using the search weight of 775,000 pounds. 14 CFR Part 25 function of the docket website, anyone can find and read the electronic form of Type Certification Basis [Docket No. FAA–2019–0840; Notice No. 25– all comments received into any FAA 20–01–SC] Under the provisions of title 14, Code docket, including the name of the of Federal Regulations (14 CFR) 21.101, individual sending the comment (or Special Conditions: The Boeing Boeing must show that the Model 777– signing the comment for an association, Company Model 777–300ER Series 300ER series airplanes, as changed, business, labor union, etc.). DOT’s Airplanes; Dynamic Test Requirements continue to meet the applicable for Single-Occupant Oblique Seats complete Privacy Act Statement can be provisions of the regulations listed in With Pretensioner Restraint Systems found in the Federal Register published Type Certificate No. T00001SE or the on April 11, 2000 (65 FR 19477–19478). AGENCY: Federal Aviation Docket: Background documents or applicable regulations in effect on the Administration (FAA), DOT. comments received may be read at date of application for the change, ACTION: Notice of proposed special http://www.regulations.gov/ at any time. except for earlier amendments as agreed conditions. Follow the online instructions for upon by the FAA. If the Administrator finds that the SUMMARY: This action proposes special accessing the docket or go to Docket conditions for Boeing Model 777–300ER Operations in Room W12–140 of the applicable airworthiness regulations series airplanes. These airplanes will West Building Ground Floor at 1200 (e.g., 14 CFR part 25) do not contain have a novel or unusual design feature New Jersey Avenue SE, Washington, adequate or appropriate safety standards when compared to the state of DC, between 9 a.m. and 5 p.m., Monday for Boeing Model 777–300ER series technology envisioned in the through Friday, except Federal holidays. airplanes because of a novel or unusual airworthiness standards for transport FOR FURTHER INFORMATION CONTACT: design feature, special conditions are category airplanes. This design feature Shannon Lennon, Airframe and Cabin prescribed under the provisions of is single-occupant, oblique seats Safety Section, AIR–675, Transport § 21.16. equipped with pretensioner restraint Standards Branch, Policy and Special conditions are initially systems. The applicable airworthiness Innovation Division, Aircraft applicable to the model for which they regulations do not contain adequate or Certification Service, Federal Aviation are issued. Should the type certificate appropriate safety standards for this Administration, 2200 South 216th for that model be amended later to design feature. These proposed special Street, Des Moines, Washington 98198; include any other model that conditions contain the additional safety telephone and fax 206–231–3209; email incorporates the same novel or unusual standards that the Administrator [email protected]. design feature, or should any other considers necessary to establish a level SUPPLEMENTARY INFORMATION: model already included on the same of safety equivalent to that established type certificate be modified to Comments Invited by the existing airworthiness standards. incorporate the same novel or unusual DATES: Send comments on or before The FAA invites interested people to design feature, these special conditions April 16, 2020. take part in this rulemaking by sending would also apply to the other model ADDRESSES: Send comments identified written comments, data, or views. The under § 21.101. most helpful comments reference a by Docket No. FAA–2019–0840 using In addition to the applicable specific portion of the special any of the following methods: airworthiness regulations and special • Federal eRegulations Portal: Go to conditions, explain the reason for any conditions, Boeing Model 777–300ER http://www.regulations.gov/ and follow recommended change, and include series airplanes must comply with the the online instructions for sending your supporting data. fuel-vent and exhaust-emission comments electronically. The FAA will consider all comments • Mail: Send comments to Docket received by the closing date for requirements of 14 CFR part 34 and the Operations, M–30, U.S. Department of comments. The FAA may change these noise certification requirements of 14 Transportation (DOT), 1200 New Jersey special conditions based on the CFR part 36. Avenue SE, Room W12–140, West comments received. The FAA issues special conditions, as Building Ground Floor, Washington, defined in 14 CFR 11.19, in accordance Background DC, 20590–0001. with § 11.38, and they become part of • Hand Delivery or Courier: Take On July 18, 2018, Boeing applied for the type certification basis under comments to Docket Operations in a change to Type Certificate No. § 21.101.

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Novel or Unusual Design Features selected is conservative with respect to The existing special conditions for The Boeing Model 777–300ER series other aviation injury criteria because it Boeing Model 777–300ER series airplanes will incorporate the following corresponds to a no-injury loading airplane oblique seat installations do novel or unusual design feature: condition, but the degree of not address oblique seats with 3-point Single-occupant oblique seats with conservatism is unknown because the restraint systems equipped with pretensioner restraint systems to protect precise spinal-loading level at which pretensioners. Therefore, the proposed the passengers from head injuries. injuries would begin to occur is configuration requires special unknown. The small number of human- conditions. Discussion subject tests accomplished during this Conditions 1 through 6 address Boeing will install, in Model 777– research project limits the robustness of occupant protection in consideration of 300ER series airplanes, oblique (side- the selected tension limit. the oblique-facing seats. Conditions 7 facing) seats that incorporate seatbelts Other restraint systems have been through 10 address ensuring that the with a pretensioner system at each seat used to comply with the occupant pretensioner system activates when place, to comply with the occupant injury criteria of § 25.562(c)(5). For intended, to provide the necessary instance, shoulder harnesses have been injury criteria of § 25.562(c)(5). protection of occupants. This includes widely used on flight-attendant seats, The FAA has been conducting and protection of a range of occupants under flight-deck seats, in business jets, and in sponsoring research on appropriate various accident conditions. Conditions general-aviation airplanes to reduce injury criteria for oblique seat 11 through 16 address maintenance and occupant head injury in the event of an installations. However, the FAA reliability of the pretensioner system, emergency landing. Special conditions, research program is not complete, and including any outside influences on the pertinent regulations, and published the FAA may update these criteria as mechanism, to ensure it functions as guidance exist that relate to other further research results are collected. To intended. restraint systems. However, the use of reflect current research findings, the These proposed special conditions pretensioners in the restraint system on FAA issued policy statement PS–ANM– contain the additional safety standards transport-airplane seats is a novel 25–03–R1, ‘‘Technical Criteria for that the Administrator considers design. necessary to establish a level of safety Approving Side-Facing Seats,’’ Pretensioner technology involves a November 12, 2012, which updates equivalent to that established by the step-change in loading experienced by existing airworthiness standards. injury criteria for fully side-facing seats, the occupant for impacts below and and policy statement PS–AIR–25–27, above that at which the device deploys, Applicability ‘‘Technical Criteria for Approving because activation of the shoulder As discussed above, these special Oblique Seats,’’ July 11, 2018, to define harness, at the point at which the conditions are applicable to Boeing injury criteria for oblique seats. These pretensioner engages, interrupts upper- Model 777–300ER series airplanes. policies provide background and torso excursion. This could result in the Should Boeing apply at a later date for technical information as well as head injury criteria (HIC) being higher at a change to the type certificate to applicable injury criteria. an intermediate impact condition than include another model incorporating the The installation of obliquely oriented that resulting from the maximum impact same novel or unusual design feature, passenger seats are novel such that the condition corresponding to the test these special conditions would apply to current certification basis does not conditions specified in § 25.562. See that model as well. adequately address occupant-protection condition 7 in these special conditions. expectations with regard to the The ideal triangular maximum- Conclusion occupant’s neck and spine for seat severity pulse is defined in Advisory This action affects only a certain configurations that are positioned at an Circular (AC) 25.562–1B. For the novel or unusual design feature on one angle greater than 18 degrees from evaluation and testing of less-severe model series of airplanes. It is not a rule airplane centerline. pulses for purposes of assessing the of general applicability. The installation of passenger seats at effectiveness of the pretensioner setting, angles of 18 to 45 degrees from the a similar triangular pulse should be List of Subjects in 14 CFR Part 25 aircraft centerline are unusual due to used with acceleration, rise time, and Aircraft, Aviation safety, Reporting the seat occupant interface with the velocity change scaled accordingly. The and recordkeeping requirements. surrounding furniture, and which magnitude of the required pulse should introduce occupant alignment and not deviate below the ideal pulse by Authority Citation loading concerns with or without the more than 0.5g until 1.33 t1 is reached, The authority citation for these installation of 3-point or airbag-restraint where t1 represents the time interval special conditions is as follows: systems. between 0 and t1 on the referenced Authority: 49 U.S.C. 106(f), 106(g), 40113, FAA-sponsored research has found pulse shape as shown in AC 25.562–1B. 44701, 44702 and 44704. that an unrestrained flailing of the This is an acceptable method of upper torso, even when the pelvis and compliance to the test requirements of The Proposed Special Conditions torso are nearly aligned, can produce the special conditions. Accordingly, the Federal Aviation serious spinal and torso injuries. At Additionally, the pretensioner might Administration proposes the following lower impact severities, even with not provide protection, after actuation, special conditions as part of the type significant misalignment between the during secondary impacts. Therefore, certification basis for Boeing Model torso and pelvis, these injuries did not the case where a small impact is 777–300ER series airplanes. occur. Tests with the FAA Hybrid III followed by a large impact should be In addition to the requirements of anthropomorphic test device (ATD) addressed. If the minimum deceleration § 25.562, passenger seats installed at an have identified a level of lumbar spinal severity at which the pretensioner is set angle 18 degrees and 45 degrees from tension corresponding to the no-injury to deploy is unnecessarily low, the the aircraft longitudinal centerline must impact severity. This level of tension is protection offered by the pretensioner meet the following: included as a limit in the special may be lost by the time a second larger 1. Body-to-Wall and Body-to- conditions. The spinal-tension limit impact occurs. Furnishing Contact:

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If a seat is installed aft of structure, 4. Pelvis Criteria: Occupants in the traditional brace such as an interior wall or furnishings, Any part of the load-bearing portion position when the pretensioner activates and which does not provide a of the bottom of the ATD pelvis must must not experience adverse effects homogenous contact surface for the not translate beyond the edges of the from the pretensioner activation. expected range of occupants and yaw seat bottom seat-cushion supporting 11. Inadvertent Pretensioner angles, then additional analysis and structure. Actuation: tests may be required to demonstrate 5. Femur Criteria: a. The probability of inadvertent that the injury criteria are met for the Axial rotation of the upper leg (about pretensioner actuation must be shown area which an occupant could contact. the Z-axis of the femur per SAE to be extremely remote (i.e., average For example if, in addition to a Recommended Practice J211/1) must be probability per flight hour of less than pretensioner restraint system, an airbag limited to 35 degrees from the nominal 10¥7). device is present, different yaw angles seated position. Evaluation during b. The system must be shown not could result in different airbag-device rebound does not need to be considered. susceptible to inadvertent pretensioner performance, then additional analysis or 6. ATD and Test Conditions: actuation as a result of wear and tear, or separate tests may be necessary to Longitudinal tests conducted to inertia loads resulting from in-flight or evaluate performance. measure the injury criteria above must ground maneuvers likely to be 2. Neck Injury Criteria: be performed with the FAA Hybrid III experienced in service. a. The seating system must protect the ATD, as described in SAE 1999–01– c. The seated occupant must not be occupant from experiencing serious 1609. The tests must be conducted with seriously injured as a result of neck injury. In addition to a an undeformed floor, at the most-critical inadvertent pretensioner actuation. pretensioner restraint system, if an yaw cases for injury, and with all lateral d. Inadvertent pretensioner activation airbag device also is present, the structural supports (e.g., armrests or must not cause a hazard to the airplane, assessment of neck injury must be walls) installed. nor cause serious injury to anyone who conducted with the airbag device Note: Boeing must demonstrate that the may be positioned close to the retractor activated, unless there is reason to also installation of seats via plinths or pallets or belt (e.g., seated in an adjacent seat consider that the neck injury potential meets all applicable requirements. or standing adjacent to the seat). would be higher for impacts below the Compliance with the guidance contained in 12. Availability of the Pretensioner airbag-device deployment threshold. policy memorandum PS–ANM–100–2000– Function Prior to Flight: 00123, ‘‘Guidance for Demonstrating b. The Nij (calculated in accordance The design must provide means for a Compliance with Seat Dynamic Testing for crewmember to verify the availability of with 49 CFR 571.208) must be below Plinths and Pallets,’’ dated February 2, 2000, 1.0, where Nij = Fz/Fzc + My/Myc, and Nij is acceptable to the FAA. the pretensioner function prior to each critical values are: flight, or the probability of failure of the 7. Head Injury Criteria (HIC): pretensioner function must be Fzc = 1,530 lbs for tension The HIC value must not exceed 1000 demonstrated to be extremely remote Fzc = 1,385 lbs for compression at any condition at which the Myc = 229 lb-ft in flexion (i.e., average probability per flight hour pretensioner does or does not deploy, ¥7 Myc = 100 lb-ft in extension of less than 10 ) between inspection up to the maximum severity pulse that intervals. c. Peak Fz must be below 937 lbs in corresponds to the test conditions tension and 899 lbs in compression. 13. Incorrect Seat Belt Orientation: specified in § 25.562. Tests must be The system design must ensure that d. Rotation of the head about its performed to demonstrate this, taking vertical axis relative to the torso is any incorrect orientation (twisting) of into account any necessary tolerances the seat belt does not compromise the limited to 105 degrees in either for deployment. direction from forward facing. pretensioner protection function. 8. Protection During Secondary 14. Contamination Protection: e. The neck must not impact any Impacts: surface that would produce The pretensioner mechanisms and The pretensioner activation setting controls must be protected from external concentrated loading on the neck. must be demonstrated to maximize the 3. Spine and Torso Injury Criteria: contamination associated with that probability of the protection being which could occur on or around a. The lumbar spine tension (Fz) available when needed, considering cannot exceed 1,200 lbs. passenger seating. secondary impacts. 15. Prevention of Hazards: b. Significant concentrated loading on 9. Protection of Occupants Other than the occupant’s spine, in the area The pretensioner system must not 50th Percentile: induce a hazard to passengers in case of between the pelvis and shoulders Protection of occupants for a range of fire, nor create a fire hazard, if activated. during impact, including rebound, is stature from a 2-year-old child to a 95th not acceptable. During this type of 16. Functionality After Loss of Power: percentile male must be shown. For The system must function properly contact, the interval for any rearward (X shoulder harnesses that include direction) acceleration exceeding 20g after loss of normal airplane electrical pretensioners, protection of occupants power, and after a transverse separation must be less than 3 milliseconds as other than a 50th percentile male may measured by the thoracic in the fuselage at the most critical be shown by test or analysis. In location. A separation at the location of instrumentation specified in 49 CFR addition, the pretensioner must not part 572, subpart E, filtered in the system does not have to be introduce a hazard to passengers due to considered. accordance with SAE recommended the following seating configurations: practice J211/1, ‘‘Instrumentation for a. The seat occupant is holding an Issued in Des Moines, Washington, on Impact Test–Part 1–Electronic infant. February 21, 2020. Instrumentation.’’ b. The seat occupant is a child in a James E. Wilborn, c. The occupant must not interact child-restraint device. Acting Manager, Transport Standards with the armrest or other seat c. The seat occupant is a pregnant Branch, Policy and Innovation Division, components in any manner significantly woman. Aircraft Certification Service. different than would be expected for a 10. Occupants Adopting the Brace [FR Doc. 2020–04179 Filed 2–28–20; 8:45 am] forward-facing seat installation. Position: BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION all comments received into any FAA applicable regulations in effect on the docket, including the name of the date of application for the change, Federal Aviation Administration individual sending the comment (or except for earlier amendments as agreed signing the comment for an association, upon by the FAA. 14 CFR Part 25 business, labor union, etc.). DOT’s If the Administrator finds that the [Docket No. FAA–2019–0841; Notice No. 25– complete Privacy Act Statement can be applicable airworthiness regulations 20–02–SC] found in the Federal Register published (e.g., 14 CFR part 25) do not contain on April 11, 2000 (65 FR 19477–19478). adequate or appropriate safety standards Special Conditions: The Boeing Docket: Background documents or for Boeing Model 787–10 series Company Model 787–10 Series comments received may be read at airplanes because of a novel or unusual Airplanes; Dynamic Test Requirements http://www.regulations.gov/ at any time. design feature, special conditions are for Single-Occupant Oblique Seats Follow the online instructions for prescribed under the provisions of With Pretensioner Restraint Systems accessing the docket or go to Docket § 21.16. Operations in Room W12–140 of the Special conditions are initially AGENCY: Federal Aviation West Building Ground Floor at 1200 applicable to the model for which they Administration (FAA), DOT. New Jersey Avenue SE, Washington, are issued. Should the type certificate ACTION: Notice of proposed special DC, between 9 a.m. and 5 p.m., Monday for that model be amended later to conditions. through Friday, except Federal holidays. include any other model that FOR FURTHER INFORMATION CONTACT: incorporates the same novel or unusual SUMMARY: This action proposes special Shannon Lennon, Airframe and Cabin design feature, or should any other conditions for The Boeing Company Safety Section, AIR–675, Transport model already included on the same (Boeing) Model 787–10 series airplanes. Standards Branch, Policy and type certificate be modified to These airplanes will have a novel or Innovation Division, Aircraft incorporate the same novel or unusual unusual design feature when compared Certification Service, Federal Aviation design feature, these special conditions to the state of technology envisioned in Administration, 2200 South 216th would also apply to the other model the airworthiness standards for Street, Des Moines, Washington 98198; under § 21.101. transport category airplanes. This design telephone and fax 206–231–3209; email In addition to the applicable feature is single-occupant oblique seats [email protected]. airworthiness regulations and special equipped with pretensioner restraint SUPPLEMENTARY INFORMATION: conditions, Boeing Model 787–10 series systems. The applicable airworthiness airplanes must comply with the fuel- regulations do not contain adequate or Comments Invited vent and exhaust-emission requirements appropriate safety standards for this The FAA invites interested people to of 14 CFR part 34 and the noise design feature. These proposed special take part in this rulemaking by sending certification requirements of 14 CFR conditions contain the additional safety written comments, data, or views. The part 36. standards that the Administrator most helpful comments reference a The FAA issues special conditions, as considers necessary to establish a level specific portion of the special defined in 14 CFR 11.19, in accordance of safety equivalent to that established conditions, explain the reason for any with § 11.38, and they become part of by the existing airworthiness standards. recommended change, and include the type certification basis under DATES: Send comments on or before supporting data. § 21.101. April 16, 2020. The FAA will consider all comments Novel or Unusual Design Features ADDRESSES: Send comments identified received by the closing date for by Docket No. FAA–2019–0841 using comments. The FAA may change these The Boeing Model 787–10 series any of the following methods: special conditions based on the airplanes will incorporate the following • Federal eRegulations Portal: Go to comments received. novel or unusual design feature: http://www.regulations.gov/ and follow Single-occupant oblique seats with the online instructions for sending your Background pretensioner restraint systems to protect comments electronically. On July 18, 2018, Boeing applied for the passengers from head injuries. • Mail: Send comments to Docket a change to Type Certificate No. Discussion Operations, M–30, U.S. Department of T00021SE for single-occupant oblique Transportation (DOT), 1200 New Jersey seats with pretensioner restraint Boeing will install, in Model 787–10 Avenue SE, Room W12–140, West systems, instead of airbags, which are series airplanes, oblique (side-facing) Building Ground Floor, Washington, DC the typical restraints used to protect the seats that incorporate seatbelts with a 20590–0001. passengers from head injuries. These pretensioner system at each seat place, • Hand Delivery or Courier: Take seats are to be installed in Boeing Model to comply with the occupant injury comments to Docket Operations in 787–10 series airplanes. The Boeing criteria of § 25.562(c)(5). Room W12–140 of the West Building Model 787–10 series airplanes are twin- The FAA has been conducting and Ground Floor at 1200 New Jersey engine, transport-category airplanes sponsoring research on appropriate Avenue SE, Washington, DC, between 9 with passenger seating capacity of 440 injury criteria for oblique seat a.m. and 5 p.m., Monday through and a maximum takeoff weight of installations. However, the FAA Friday, except Federal holidays. 560,000 pounds. research program is not complete, and • Fax: Fax comments to Docket the FAA may update these criteria as Operations at 202–493–2251. Type Certification Basis further research results are collected. To Privacy: The FAA will post all Under the provisions of title 14, Code reflect current research findings, the comments it receives, without change, of Federal Regulations (14 CFR) 21.101, FAA issued policy statement PS–ANM– to http://www.regulations.gov/, Boeing must show that the Model 787– 25–03–R1, ‘‘Technical Criteria for including any personal information the 10 series airplanes, as changed, Approving Side-Facing Seats,’’ commenter provides. Using the search continue to meet the applicable November 12, 2012, which updates function of the docket website, anyone provisions of the regulations listed in injury criteria for fully side-facing seats, can find and read the electronic form of Type Certificate No. T00021SE or the and policy statement PS–AIR–25–27,

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‘‘Technical Criteria for Approving because activation of the shoulder Applicability Oblique Seats,’’ July 11, 2018, to define harness, at the point at which the As discussed above, these special injury criteria for oblique seats. These pretensioner engages, interrupts upper- conditions are applicable to Boeing policies provide background and torso excursion. This could result in the Model 787–10 series airplanes. Should technical information as well as head injury criteria (HIC) being higher at Boeing apply at a later date for a change applicable injury criteria. an intermediate impact condition than to the type certificate to include another The installation of obliquely oriented that resulting from the maximum impact model incorporating the same novel or passenger seats are novel such that the condition corresponding to the test unusual design feature, these special current certification basis does not conditions specified in § 25.562. See adequately address occupant-protection conditions would apply to that model as condition 7 in these special conditions. well. expectations with regard to the The ideal triangular maximum- occupant’s neck and spine for seat severity pulse is defined in Advisory Conclusion configurations that are positioned at an Circular (AC) 25.562–1B. For the This action affects only a certain angle greater than 18 degrees from evaluation and testing of less-severe novel or unusual design feature on one airplane centerline. pulses for purposes of assessing the The installation of passenger seats at model series of airplanes. It is not a rule effectiveness of the pretensioner setting, angles of 18 to 45 degrees from the of general applicability. a similar triangular pulse should be aircraft centerline are unusual due to List of Subjects in 14 CFR Part 25 the seat occupant interface with the used with acceleration, rise time, and Aircraft, Aviation safety, Reporting surrounding furniture, and which velocity change scaled accordingly. The and recordkeeping requirements. introduce occupant alignment and magnitude of the required pulse should not deviate below the ideal pulse by loading concerns with or without the Authority Citation installation of 3-point or airbag-restraint more than 0.5g until 1.33 t1 is reached, The authority citation for these systems. where t1 represents the time interval special conditions is as follows: FAA-sponsored research has found between 0 and t1 on the referenced that an unrestrained flailing of the pulse shape as shown in AC 25.562–1B. Authority: 49 U.S.C. 106(f), 106(g), 40113, upper torso, even when the pelvis and This is an acceptable method of 44701, 44702 and 44704. compliance to the test requirements of torso are nearly aligned, can produce The Proposed Special Conditions serious spinal and torso injuries. At the special conditions. lower impact severities, even with Additionally, the pretensioner might Accordingly, the Federal Aviation significant misalignment between the not provide protection, after actuation, Administration proposes the following torso and pelvis, these injuries did not during secondary impacts. Therefore, special conditions as part of the type occur. Tests with the FAA Hybrid III the case where a small impact is certification basis for Boeing Model anthropomorphic test device (ATD) followed by a large impact should be 787–10 series airplanes. have identified a level of lumbar spinal addressed. If the minimum deceleration In addition to the requirements of tension corresponding to the no-injury severity at which the pretensioner is set § 25.562, passenger seats installed at an impact severity. This level of tension is to deploy is unnecessarily low, the angle 18 degrees and 45 degrees from included as a limit in the special protection offered by the pretensioner the aircraft longitudinal centerline must conditions. The spinal-tension limit may be lost by the time a second larger meet the following: selected is conservative with respect to impact occurs. 1. Body-to-Wall and Body-to- Furnishing Contact: other aviation injury criteria because it The existing special conditions for If a seat is installed aft of structure, corresponds to a no-injury loading Boeing Model 777–300ER series such as an interior wall or furnishings, condition, but the degree of airplane oblique seat installations do and which does not provide a conservatism is unknown because the not address oblique seats with 3-point homogenous contact surface for the precise spinal-loading level at which restraint systems equipped with expected range of occupants and yaw injuries would begin to occur is pretensioners. Therefore, the proposed angles, then additional analysis and unknown. The small number of human- configuration requires special tests may be required to demonstrate subject tests accomplished during this conditions. research project limits the robustness of that the injury criteria are met for the the selected tension limit. Conditions 1 through 6 address area which an occupant could contact. Other restraint systems have been occupant protection in consideration of For example if, in addition to a used to comply with the occupant the oblique-facing seats. Conditions 7 pretensioner restraint system, an airbag injury criteria of § 25.562(c)(5). For through 10 address ensuring that the device is present, different yaw angles instance, shoulder harnesses have been pretensioner system activates when could result in different airbag-device widely used on flight-attendant seats, intended, to provide the necessary performance, then additional analysis or flight-deck seats, in business jets, and in protection of occupants. This includes separate tests may be necessary to general-aviation airplanes to reduce protection of a range of occupants under evaluate performance. occupant head injury in the event of an various accident conditions. Conditions 2. Neck Injury Criteria: emergency landing. Special conditions, 11 through 16 address maintenance and a. The seating system must protect the pertinent regulations, and published reliability of the pretensioner system, occupant from experiencing serious guidance exist that relate to other including any outside influences on the neck injury. In addition to a restraint systems. However, the use of mechanism, to ensure it functions as pretensioner restraint system, if an pretensioners in the restraint system on intended. airbag device also is present, the transport-airplane seats is a novel These proposed special conditions assessment of neck injury must be design. contain the additional safety standards conducted with the airbag device Pretensioner technology involves a that the Administrator considers activated, unless there is reason to also step-change in loading experienced by necessary to establish a level of safety consider that the neck injury potential the occupant for impacts below and equivalent to that established by the would be higher for impacts below the above that at which the device deploys, existing airworthiness standards. airbag-device deployment threshold.

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b. The Nij (calculated in accordance 00123, ‘‘Guidance for Demonstrating The design must provide means for a with 49 CFR 571.208) must be below Compliance with Seat Dynamic Testing for crewmember to verify the availability of Plinths and Pallets,’’ dated February 2, 2000, 1.0, where Nij = Fz/Fzc + My/Myc, and Nij the pretensioner function prior to each critical values are: is acceptable to the FAA. flight, or the probability of failure of the F = 1,530 lbs for tension 7. Head Injury Criteria (HIC): pretensioner function must be zc The HIC value must not exceed 1000 Fzc = 1,385 lbs for compression demonstrated to be extremely remote Myc = 229 lb-ft in flexion at any condition at which the (i.e., average probability per flight hour ¥7 Myc = 100 lb-ft in extension pretensioner does or does not deploy, of less than 10 ) between inspection up to the maximum severity pulse that c. Peak F must be below 937 lbs in intervals. z corresponds to the test conditions tension and 899 lbs in compression. 13. Incorrect Seat Belt Orientation: specified in § 25.562. Tests must be d. Rotation of the head about its The system design must ensure that performed to demonstrate this, taking vertical axis relative to the torso is any incorrect orientation (twisting) of into account any necessary tolerances limited to 105 degrees in either the seat belt does not compromise the for deployment. direction from forward facing. pretensioner protection function. 8. Protection During Secondary e. The neck must not impact any 14. Contamination Protection: Impacts: The pretensioner mechanisms and surface that would produce The pretensioner activation setting concentrated loading on the neck. controls must be protected from external must be demonstrated to maximize the contamination associated with that 3. Spine and Torso Injury Criteria: probability of the protection being a. The lumbar spine tension (F ) which could occur on or around z available when needed, considering cannot exceed 1,200 lbs. passenger seating. secondary impacts. b. Significant concentrated loading on 15. Prevention of Hazards: 9. Protection of Occupants Other than The pretensioner system must not the occupant’s spine, in the area 50th Percentile: between the pelvis and shoulders induce a hazard to passengers in case of Protection of occupants for a range of fire, nor create a fire hazard, if activated. during impact, including rebound, is stature from a 2-year-old child to a 95th not acceptable. During this type of 16. Functionality After Loss of Power: percentile male must be shown. For The system must function properly contact, the interval for any rearward (X shoulder harnesses that include direction) acceleration exceeding 20g after loss of normal airplane electrical pretensioners, protection of occupants power, and after a transverse separation must be less than 3 milliseconds as other than a 50th percentile male may measured by the thoracic in the fuselage at the most critical be shown by test or analysis. In location. A separation at the location of instrumentation specified in 49 CFR addition, the pretensioner must not part 572, subpart E, filtered in the system does not have to be introduce a hazard to passengers due to considered. accordance with SAE recommended the following seating configurations: practice J211/1, ‘‘Instrumentation for a. The seat occupant is holding an Issued in Des Moines, Washington, on Impact Test–Part 1–Electronic infant. February 25, 2020. Instrumentation.’’ b. The seat occupant is a child in a James E. Wilborn, c. The occupant must not interact child-restraint device. Acting Manager, Transport Standards with the armrest or other seat c. The seat occupant is a pregnant Branch, Policy and Innovation Division, components in any manner significantly woman. Aircraft Certification Service. different than would be expected for a 10. Occupants Adopting the Brace [FR Doc. 2020–04180 Filed 2–28–20; 8:45 am] forward-facing seat installation. Position: BILLING CODE 4910–13–P 4. Pelvis Criteria: Occupants in the traditional brace Any part of the load-bearing portion position when the pretensioner activates of the bottom of the ATD pelvis must must not experience adverse effects ENVIRONMENTAL PROTECTION not translate beyond the edges of the from the pretensioner activation. AGENCY seat bottom seat-cushion supporting 11. Inadvertent Pretensioner structure. Actuation: 40 CFR Part 52 5. Femur Criteria: a. The probability of inadvertent Axial rotation of the upper leg (about pretensioner actuation must be shown [EPA–R07–OAR–2020–0093; FRL–10005– 86–Region 7] the Z-axis of the femur per SAE to be extremely remote (i.e., average Recommended Practice J211/1) must be probability per flight hour of less than ¥ Air Plan Approval; Iowa; Infrastructure limited to 35 degrees from the nominal 10 7). State Implementation Plan seated position. Evaluation during b. The system must be shown not Requirements for the 2015 Ozone rebound does not need to be considered. susceptible to inadvertent pretensioner National Ambient Air Quality Standard 6. ATD and Test Conditions: actuation as a result of wear and tear, or Longitudinal tests conducted to inertia loads resulting from in-flight or AGENCY: Environmental Protection measure the injury criteria above must ground maneuvers likely to be Agency (EPA). be performed with the FAA Hybrid III experienced in service. ACTION: Proposed rule. ATD, as described in SAE 1999–01– c. The seated occupant must not be 1609. The tests must be conducted with seriously injured as a result of SUMMARY: The Environmental Protection an undeformed floor, at the most-critical inadvertent pretensioner actuation. Agency (EPA) is proposing to approve yaw cases for injury, and with all lateral d. Inadvertent pretensioner activation certain elements of a State structural supports (e.g., armrests or must not cause a hazard to the airplane, Implementation Plan (SIP) revision walls) installed. nor cause serious injury to anyone who submission from the Iowa Department Note: Boeing must demonstrate that the may be positioned close to the retractor of Natural Resources (IDNR) addressing installation of seats via plinths or pallets or belt (e.g., seated in an adjacent seat the applicable requirements of section meets all applicable requirements. or standing adjacent to the seat). 110 of the Clean Air Act (CAA) for the Compliance with the guidance contained in 12. Availability of the Pretensioner 2015 Ozone National Ambient Air policy memorandum PS–ANM–100–2000– Function Prior to Flight: Quality Standards (NAAQS). Section

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110 requires that each state adopt and edited or removed from Regulations.gov. NAAQS (2015 ozone NAAQS), lowering submit a SIP revision to support the The EPA may publish any comment the level of both the primary and implementation, maintenance, and received to its public docket. Do not secondary standards to 0.070 parts per enforcement of each new or revised submit electronically any information million (ppm).1 Section 110(a)(1) of the NAAQS promulgated by the EPA. These you consider to be Confidential CAA requires states to submit, within 3 SIPs are commonly referred to as Business Information (CBI) or other years after promulgation of a new or ‘‘infrastructure’’ SIPs. The infrastructure information whose disclosure is revised standard, SIPs meeting the requirements are designed to ensure that restricted by statute. Multimedia applicable requirements of section the structural components of each submissions (audio, video, etc.) must be 110(a)(2).2 One of these applicable state’s air quality management program accompanied by a written comment. requirements is found in section are adequate to meet the State’s The written comment is considered the 110(a)(2)(D)(i), otherwise known as the responsibilities under the CAA. In this official comment and should include good neighbor provision, which action, the EPA is proposing to approve discussion of all points you wish to generally requires SIPs to contain the interstate transport portions of the make. The EPA will generally not adequate provisions to prohibit in-state State’s 2015 Ozone NAAQS consider comments or comment emissions activities from having certain infrastructure SIP submittal. contents located outside of the primary adverse air quality effects on other states DATES: Comments must be received on submission (i.e., on the web, cloud, or due to interstate transport of pollution. or before April 1, 2020. other file sharing system). For There are four so-called ‘‘prongs’’ within CAA section 110(a)(2)(D)(i): ADDRESSES: You may send comments, additional submission methods, the full identified by Docket ID No. EPA–R07– EPA public comment policy, Section 110(a)(2)(D)(i)(I) contains OAR–2020–0093 to https:// information about CBI or multimedia prongs 1 and 2, while section www.regulations.gov. Follow the online submissions, and general guidance on 110(a)(2)(D)(i)(II) includes prongs 3 and 4. This proposed action addresses the instructions for submitting comments. making effective comments, please visit Instructions: All submissions received https://www.epa.gov/dockets/ first two prongs under section must include the Docket ID No. for this commenting-epa-dockets. 110(a)(2)(D)(i)(I). Under prongs 1 and 2 rulemaking. Comments received will be of the good neighbor provision, a SIP for II. What is being addressed in this a new or revised NAAQS must contain posted without change to https:// document? www.regulations.gov/, including any adequate provisions prohibiting any personal information provided. For The EPA is proposing to approve source or other type of emissions detailed instructions on sending portions of the infrastructure SIP activity within the State from emitting air pollutants in amounts that will comments and additional information submission received from the State on significantly contribute to on the rulemaking process, see the November 30, 2018, in accordance with nonattainment of the NAAQS in another ‘‘Written Comments’’ heading of the section 110(a)(1) of the CAA. State (prong 1) or interfere with SUPPLEMENTARY INFORMATION section of Specifically, the EPA is proposing to maintenance of the NAAQS in another this document. approve the following elements of State (prong 2). Under section FOR FURTHER INFORMATION CONTACT: section 110(a)(2)(D)(i)(I)—significant contribution to nonattainment (prong 1), 110(a)(2)(D)(i)(I) of the CAA, the EPA Lachala Kemp, Environmental and states must give independent Protection Agency, Region 7 Office, Air and interference with maintenance of the NAAQS (prong 2). The EPA will significance to prong 1 and prong 2 Quality Planning Branch, 11201 Renner when evaluating downwind air quality Boulevard, Lenexa, Kansas 66219, address other elements of section 110(a)(2) including: (A) Through (C), problems under section telephone number (913) 551–7214, 110(a)(2)(D)(i)(I).3 email address [email protected]. (D)(i)(II)—prevention of significant deterioration of air quality (prong 3), We note that the EPA has addressed SUPPLEMENTARY INFORMATION: (D)(ii), (E) through (H), and (J) through the interstate transport requirements of Throughout this document ‘‘we,’’ ‘‘us,’’ (M) in a separate rulemaking. EPA CAA section 110(a)(2)(D)(i)(I) with and ‘‘our’’ refer to the EPA. previously approved Iowa’s protection respect to prior ozone NAAQS in Table of Contents of visibility (prong 4) SIP in a separate several regional regulatory actions, action. See 84 FR 66075. including the 2011 Cross-State Air I. Written Comments Pollution Rule (CSAPR), which II. What is being addressed in this document? III. Have the requirements for approval addressed interstate transport with III. Have the requirements for approval of a of a SIP revision been met? respect to the 1997 ozone NAAQS as SIP revision been met? IV. Background The submission has met the public well as the 1997 and 2006 fine A. General Framework for Analyzing notice requirements of 40 CFR 51.102. particulate matter standards, and the Interstate Transport The submission also satisfied the 2016 Cross-State Air Pollution Rule B. EPA Memoranda Regarding the 2015 completeness criteria of 40 CFR part 51, Update (CSAPR Update), which Ozone NAAQS appendix V. The State provided a public resolved certain good neighbor V. Iowa’s SIP Submission obligations for the 1997 ozone NAAQS VI. EPA’s Analysis comment period for the submission A. Use of 2023 Analytic Year from September 18, 2018, to October 19, 1 National Ambient Air Quality Standards for B. Selection of the 1 ppb Threshold 2018. The State received two comments Ozone, Final Rule, 80 FR 65292 (October 26, 2015). 1. Milwaukee Receptor during the comment period and Although the level of the standard is specified in 2. Allegan Receptor addressed them in the final SIP the units of ppm, ozone concentrations are also VII. What action is the EPA taking? submission to the EPA. described in parts per billion (ppb). For example, VIII. Statutory and Executive Order Reviews 0.070 ppm is equivalent to 70 ppb. IV. Background 2 SIP revisions that are intended to meet the I. Written Comments applicable requirements of section 110(a)(1) and (2) Submit your comments, identified by A. General Framework for Analyzing of the CAA are often referred to as infrastructure Interstate Transport SIPs and the applicable elements under 110(a)(2) Docket ID No. EPA–R07–OAR–2020– are referred to as infrastructure requirements. 0093, at https://www.regulations.gov. On October 1, 2015, the EPA 3 See North Carolina v. EPA, 531 F.3d 896, 909– Once submitted, comments cannot be promulgated a revision to the ozone 911 (2008).

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and partially addressed interstate as discussed below, the EPA recognizes comment.6 The EPA used the 2023 transport for the 2008 ozone NAAQS.4 that there may be other methods of analytic year for this preliminary Through the development and defining a ‘‘contribution’’ threshold that modeling because that year aligns with implementation of CSAPR, the CSAPR are reasonable and appropriate to apply. the 2015 ozone NAAQS attainment year Update, and previous regional Step 3: For states linked to downwind for Moderate ozone nonattainment rulemakings pursuant to the good air quality problems, identify upwind areas.7 On October 27, 2017, we neighbor provision,5 the EPA developed emissions on a statewide basis that will released a memorandum (October 2017 the following four-step interstate significantly contribute to memorandum) containing updated transport framework to address the nonattainment or interfere with projected ozone design values for 2023, requirements of the good neighbor maintenance of a standard at a receptor which incorporated changes made in provision for the ozone NAAQS. This in another state. In the EPA’s prior response to comments on the NODA.8 In framework provides a reasonable and rulemakings addressing interstate ozone the October 2017 memorandum, we logical structuring of the key elements pollution transport, the agency has used specifically stated that the updated 2023 that should be considered in addressing cost-based and air quality-based criteria modeling data may be useful for states the requirements of the good neighbor to evaluate regionally uniform NOX developing SIPs to address remaining provision. While states are not control strategies that were then used to good neighbor obligations for the 2008 mandated to follow this structure in quantify the amount of a linked upwind ozone NAAQS. The October 2017 preparing good neighbor SIPs, it has state’s emissions, if any, that will memorandum did not address the 2015 been upheld as a reasonable approach to significantly contribute to ozone NAAQS. Subsequently, on March address good neighbor requirements by nonattainment or interfere with 27, 2018, we issued a memorandum various courts, including the U.S. maintenance in another state in the (March 2018 memorandum) indicating Supreme Court, and the EPA generally future analytic year. The agency then the same 2023 projected ozone design uses the framework to evaluate whether established emissions budgets reflecting values released in the October 2017 state SIP submittals can be approved remaining emissions levels following memorandum would also be useful for under the good neighbor provision. the reduction of emissions that evaluating potential downwind air Step 1: Identify downwind air quality significantly contribute to quality problems with respect to the problems relative to the ozone NAAQS. nonattainment or interfere with 2015 ozone NAAQS (step 1 of the four- The EPA historically identified maintenance of the NAAQS downwind. step interstate transport framework). downwind areas with air quality Step 4: For upwind states that are The March 2018 memorandum also problems, or receptors, using air quality found to have emissions that will included newly available contribution modeling projections for a future significantly contribute to modeling results to assist states in analytic year and, where appropriate, nonattainment or interfere with evaluating their impact on projected considering monitored ozone data. The maintenance of the NAAQS downwind, downwind air quality problems (step 2 agency relied on modeled and implement the necessary emissions of the four-step interstate transport monitored data to identify receptors reductions within the state through framework).9 expected to be in nonattainment with permanent and enforceable measures. The March 2018 memorandum the ozone NAAQS in the future analytic In the CSAPR Update, for instance, the describes the methods and results of the year, and relied on modeled data to EPA implemented the emissions updated photochemical and source- identify additional receptors that may budgets for upwind states found to have apportionment modeling used to project have difficulty maintaining the NAAQS good neighbor obligations via Federal ambient ozone concentrations for the in the future analytic year, Implementation Plans (FIPs) requiring year 2023 and the state-by-state notwithstanding clean monitored data certain large power plants in the contributions to those concentrations. or projected attainment. These latter upwind states to participate in the The March 2018 memorandum also receptors are sometimes referred to as CSAPR NOX Ozone Season Group 2 explains that the selection of the 2023 ‘‘maintenance-only’’ receptors. Trading Program. analytic year aligns with the 2015 ozone Step 2: Determine which upwind NAAQS attainment year for Moderate states contribute to these identified B. EPA Memoranda Regarding the 2015 Ozone NAAQS nonattainment areas. As described in downwind air quality problems more detail in the October 2017 and sufficiently to warrant further analysis The EPA has released several to determine whether their emissions documents containing information 6 See Notice of Availability of the Environmental violate the good neighbor provision. relevant to evaluating interstate Protection Agency’s Preliminary Interstate Ozone These states are referred to as ‘‘linked’’ transport with respect to the 2015 ozone Transport Modeling Data for the 2015 Ozone NAAQS. In these documents, the EPA National Ambient Air Quality Standard (NAAQS), states. Historically, the EPA identified 82 FR 1733 (January 6, 2017). such upwind states as those modeled to made clear that the information 7 82 FR 1735 (January 6, 2017). The basis for impact a downwind receptor in the provided is to assist states’ efforts to selection of the analytic year is further discussed in future analytic year at or above an air develop good neighbor SIPs. While the Section IV.A below. quality threshold equivalent to 1 information in those documents, 8 See Supplemental Information on the Interstate including associated air quality data, Transport State Implementation Plan Submissions percent of the ozone NAAQS. However, for the 2008 Ozone National Ambient Air Quality could be used to inform the Standards under Clean Air Act section 4 See 76 FR 48208 (August 8, 2011) (CSAPR) and development of such SIPs, the 110(a)(2)(D)(i)(I), October 27, 2017, available in the 81 FR 74504 (October 26, 2016) (CSAPR Update). information is not a final determination docket for this action and at https://www.epa.gov/ As discussed later in this document, the D.C. regarding states’ obligations under the interstate-air-pollution-transport/interstate-air- Circuit Court of Appeals in Wisconsin v. EPA, 938 pollution-transport-memos-and-notices. F.3d 303 (D.C. Cir. 2019), remanded the rule to the good neighbor provision. 9 See Information on the Interstate Transport State extent it failed to eliminate states’ significant On January 6, 2017, the EPA Implementation Plan Submissions for the 2015 contributions in accordance with downwind published in the Federal Register a Ozone National Ambient Air Quality Standards attainment dates. notice of data availability (NODA) with under Clean Air Act section 110(a)(2)(D)(i)(I), 5 Other regional rulemakings addressing ozone preliminary interstate ozone transport March 27, 2018, available in the docket for this transport include the NOX SIP Call, 63 FR 57356 action or at https://www.epa.gov/interstate-air- (October 27, 1998), and the Clean Air Interstate modeling with projected ozone design pollution-transport/interstate-air-pollution- Rule (CAIR), 70 FR 25162 (May 12, 2005). values for 2023, on which we requested transport-memos-and-notices.

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March 2018 memoranda, the EPA used maintenance receptor in 2023.12 The CAA section 110(a)(2)(D)(i)(I) interstate the Comprehensive Air Quality Model EPA included contribution information transport requirements for the 2015 with Extensions (CAMx version 6.40) to resulting from the source-apportionment ozone NAAQS. Iowa chose to rely on model average and maximum design modeling in attachment C to the March the results of EPA’s 2023 modeling, as values in 2023 to identify potential 2018 memorandum. For more specific presented in the March 2018 nonattainment and maintenance information on the modeling and memorandum, to identify downwind receptors (i.e., monitoring sites that are analysis, please see the October 2017 nonattainment and maintenance projected to have problems attaining or and March 2018 memoranda, the NODA receptors that may be impacted by maintaining the 2015 ozone NAAQS). for the preliminary interstate transport emissions from sources in Iowa. Based The March 2018 memorandum presents assessment, and the supporting on Iowa’s review of the EPA’s modeling design values calculated in two ways: technical documents included in the assumptions and model performance First, following the EPA’s historical ‘‘3 docket for this proposed action. evaluation, Iowa determined that EPA’s x 3’’ approach 10 for all sites, and On August 31, 2018, the EPA issued future year projections were appropriate second, following a modified approach a memorandum (the August 2018 for purposes of evaluating Iowa’s impact for coastal monitoring sites in which memorandum) providing guidance on attainment and maintenance of the ‘‘overwater’’ modeling data were not concerning potential contribution 2015 ozone NAAQS in other states. included in the calculation of future thresholds that may be appropriate to Iowa relied on EPA’s 2023 modeling year design values (referred to as the apply with respect to the 2015 ozone to conclude that the state does not ‘‘no water’’ approach). NAAQS in step 2. Similar to the process contribute significantly to For purposes of identifying potential for selecting the 1 percent threshold for nonattainment or interfere with nonattainment and maintenance the 1997 and 2008 ozone NAAQS in maintenance of the 2015 ozone NAAQS receptors in 2023 (step 1), the EPA CSAPR and the CSAPR Update, in any other state. Iowa referred to the applied the same approach used in the respectively, the memorandum included analytic information in EPA’s August CSAPR Update, wherein the EPA analytical information regarding the 2018 memorandum as a basis to use a considered a combination of monitoring degree to which potential air quality 1 ppb contribution threshold when data and modeling projections to thresholds would capture the collective evaluating the state’s contribution to identify monitoring sites that are amount of pollution transported from downwind receptors at step 2 of EPA’s projected to have problems attaining or upwind states to downwind receptors four-step interstate transport framework. maintaining the NAAQS. Specifically, for the 2015 ozone NAAQS. The August Using EPA’s modeling, Iowa identified the EPA identified nonattainment 2018 memorandum indicated that, that it is projected to contribute below receptors as those monitoring sites with based on the EPA’s analysis of its most 1 percent of the 2015 ozone NAAQS measured design values 11 exceeding the recent modeling data, the amount of (i.e., less than 0.70 ppb) to all but two NAAQS that also have projected average upwind collective contribution captured downwind receptors: The design values (i.e., modeled average using a 1 ppb threshold is generally nonattainment receptor in Milwaukee 2023 values) exceeding the NAAQS. comparable, overall (i.e., on average County, Wisconsin (Milwaukee The EPA identified maintenance across all receptors), to the amount receptor), and the maintenance-only receptors as those monitoring sites with captured using a threshold equivalent to receptor in Allegan County, Michigan projected maximum design values (i.e., 1 percent of the 2015 ozone NAAQS (Allegan receptor). Iowa’s contribution modeled maximum 2023 values) (i.e., 0.70 ppb). Specifically, the data to these two receptors is between 1 exceeding the NAAQS. Sites identified indicated that using a 1 percent percent and 1 ppb. Iowa concluded that as only maintenance receptors included threshold captures 77 percent of the 1 ppb is an appropriate contribution sites with 2016 measured design values total upwind contribution when threshold to apply with respect to the below the NAAQS but with projected summed across all receptors and using 2015 ozone NAAQS and that Iowa’s average and maximum design values a 1 ppb threshold captures 70 percent emissions therefore do not contribute to exceeding the NAAQS and monitoring when summed across all receptors. By nonattainment or maintenance problems sites with projected average design contrast, using a 2 ppb threshold at either receptor. values below the NAAQS but with captures 55 percent of the total upwind Iowa notes that its 2023 modeled projected maximum design values contribution, much less of the total contribution to the Milwaukee receptor exceeding the NAAQS. The EPA contribution summed across all is 0.79 ppb, and its 2023 modeled included the design values and receptors. Accordingly, the EPA contribution to the Allegan receptor is monitoring data for all monitoring sites indicated that it may be reasonable and 0.77 ppb. Consistent with the regional projected to be potential nonattainment appropriate for states to use a 1 ppb analysis provided in the August 2018 or maintenance receptors based on the contribution threshold, as an alternative memorandum, Iowa further notes that updated 2023 modeling in attachment B to the 1 percent threshold, at step 2 of application of the 1 ppb threshold to the March 2018 memorandum. the four-step interstate transport captures 83 percent of the upwind As described further in the March framework in developing their SIP contribution captured at the 1 percent 2018 memorandum, after identifying revisions addressing the good neighbor threshold at the Milwaukee receptor and potential downwind nonattainment and provision for the 2015 ozone NAAQS.13 94 percent of the upwind contribution maintenance receptors, the EPA next captured at the 1 percent threshold at performed nationwide, state-level ozone V. Iowa’s SIP Submission the Allegan receptor. Based on these source-apportionment modeling to On November 30, 2018, Iowa data, Iowa concludes that the 1 ppb determine the expected impact from submitted a SIP revision addressing the threshold is therefore appropriate each state to each nonattainment and because it captures a ‘‘substantial 12 As discussed in the March 2018 memorandum, portion’’ of the transported contribution 10 See March 2018 memorandum, p. 4. the EPA performed source-apportionment model from upwind states when compared to 11 The EPA used 2016 ozone design values, based runs for a modeling domain that covers the 48 the 1 percent threshold at both contiguous United States and the District of on 2014–2016 measured data, which were the most receptors. Because the state’s impact on current data at the time of the analysis. See Columbia, and adjacent portions of Canada and attachment B of the March 2018 memorandum, p. Mexico. both receptors is below the 1 ppb B–1. 13 See August 2018 memorandum, p. 4. threshold, the state concluded that its

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emissions will not contribute explained below, the EPA does not also include, among other things, the significantly to nonattainment or believe that either the statute or adoption of all ‘‘reasonably available’’ interfere with maintenance of the 2015 applicable case law requires the control measures on existing sources, a ozone NAAQS in downwind states. evaluation of good neighbor obligations demonstration of ‘‘reasonable further in a future year aligned with the progress’’ toward attainment, and VI. EPA’s Analysis attainment date for nonattainment areas contingency measures, which are The EPA proposes to approve Iowa’s classified as Marginal. specific controls that will take effect if SIP submittal concluding that the State The good neighbor provision instructs the area fails to attain by its attainment will not contribute significantly to the EPA and states to apply its date or fails to make reasonable further downwind nonattainment or interfere requirements ‘‘consistent with the progress toward attainment. See, e.g., with maintenance of the 2015 ozone provisions of’’ title I of the CAA. CAA CAA section 172(c)(1); 172(c)(2); NAAQS in other states, including its section 110(a)(2)(D)(i); see also North 172(c)(9). Ozone nonattainment areas reliance on the information and Carolina v. EPA, 531 F.3d 896, 911–12 classified as Marginal are excepted from modeling presented in EPA’s October (D.C. Cir. 2008). This consistency these general requirements under the 2017 and 2018 memoranda. The EPA instruction follows the requirement that CAA. Unlike other areas designated presents additional analysis in support plans ‘‘contain adequate provisions nonattainment under the Act (including of the use of the 2023 analytic year, as prohibiting’’ certain emissions in the for other NAAQS pollutants), Marginal well as the State’s selection of the 1 ppb good neighbor provision. As the D.C. ozone nonattainment areas are contribution threshold. Circuit held in North Carolina, and specifically exempted from submitting A. Use of 2023 Analytic Year more recently in Wisconsin, the good an attainment demonstration and are neighbor provision must be applied in not required to implement any specific On September 13, 2019, the D.C. a manner consistent with the emissions controls at existing sources to Circuit issued its decision in Wisconsin designation and planning requirements v. EPA addressing legal challenges to meet the planning requirements in title I that apply in downwind states applicable to such areas. See CAA the CSAPR Update, in which the EPA and, in particular, the timeframe within partially addressed certain upwind section 182(a) (‘‘The requirements of which downwind states are required to this subsection shall apply in lieu of any states’ good neighbor obligations for the implement specific emissions control 2008 ozone NAAQS. 938 F.3d 303. requirement that the State submit a measures in nonattainment areas and demonstration that the applicable While the court generally upheld the submit plans demonstrating how those rule as to most of the challenges raised implementation plan provides for areas will attain, relative to the attainment of the ozone standard by the in the litigation, the court remanded the applicable attainment dates. See North CSAPR Update to the extent it failed to applicable attainment date in any Carolina, 896 F.3d at 912 (holding that 16 require upwind states to eliminate their Marginal Area.’’) Marginal ozone the good neighbor provision’s reference nonattainment areas are also exempted significant contributions in accordance to title I requires consideration of both with the attainment dates found in CAA from demonstrating reasonable further procedural and substantive provisions progress towards attainment and section 181 by which downwind states in title I); Wisconsin, 938 F.3d at 313– must come into compliance with the submitting contingency measures. See 18. CAA section 182(a) (does not include a NAAQS. Id. at 313. In light of the While the EPA recognizes, as the court’s decision, the EPA is providing reasonable further progress requirement court held in North Carolina and and specifically notes that ‘‘Section further explanation regarding why it Wisconsin, that upwind emissions proposes to find that it is appropriate [172(c)(9)] of this title (relating to reduction obligations therefore must contingency measures) shall not apply and consistent with the statute—as well generally be aligned with downwind as legal precedent—to use the 2023 to Marginal Areas’’). receptors’ attainment dates, unique Existing regulations—either local, analytic year for assessing good features of the statutory requirements neighbor obligations for the 2015 ozone state, or Federal—are typically a part of associated with the Marginal area the reason why ‘‘additional’’ local NAAQS. planning requirements and attainment The EPA believes that 2023 is an controls are not needed to bring date under CAA section 182 lead the Marginal nonattainment areas into appropriate year for analysis of good EPA to conclude that it is more neighbor obligations for the 2015 ozone attainment. As described in the EPA’s reasonable and appropriate to require record for its final rule defining area NAAQS because the 2023 ozone season the alignment of upwind good neighbor is the last relevant ozone season during classifications for the 2015 ozone obligations with later attainment dates NAAQS and establishing associated which achieved emissions reductions in applicable for Moderate or higher linked upwind states could assist attainment dates, history has shown that classifications. Under the CAA, states the majority of areas classified as downwind states with meeting the with areas designated nonattainment are August 2, 2024, Moderate area Marginal for prior ozone standards generally required to submit, as part of attained the respective standards by the attainment date for the 2015 ozone their SIP, an ‘‘attainment NAAQS. The EPA recognizes that the demonstration’’ that shows, usually various NAAQS pollutants that nonattainment areas attainment date for nonattainment areas through air quality modeling, how an must meet. classified as Marginal for the 2015 area will attain the NAAQS by the 16 States with Marginal nonattainment areas are ozone NAAQS is August 2, 2021, which applicable attainment date. See CAA required to implement new source review currently applies in several downwind section 172(c)(1).15 Such plans must permitting for new and modified sources, but the nonattainment areas evaluated in the purpose of those requirements is to ensure that 14 potential emissions increases do not interfere with EPA’s modeling. However, as Area/State Information, https://www3.epa.gov/ progress towards attainment, as opposed to airquality/greenbook/jbtc.html (last updated Sept. reducing existing emissions. Moreover, the EPA 14 The Marginal area attainment date is not 30, 2019). acknowledges that states within ozone transport applicable for nonattainment areas already 15 Part D of title I of the Clean Air Act provides regions must implement certain emissions control classified as Moderate or higher, such as the New the plan requirements for all nonattainment areas. measures at existing sources in accordance with York Metropolitan Area. For the status of all Subpart 1, which includes section 172(c), applies to CAA section 184, but those requirements apply nonattainment areas under the 2015 ozone NAAQS, all nonattainment areas. Congress provided in regardless of the applicable area designation or see U.S. EPA, 8-Hour Ozone (2015) Designated subparts 2–5 additional requirements specific to the classification.

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Marginal area attainment date (i.e., and upwind state contributions, and, argument with respect to the Marginal without being re-classified to a therefore, the necessity for upwind state area attainment date, see id. at 314, the Moderate designation). 83 FR 10376 emissions reductions, in a year aligned court did not address whether its (March 9, 2018). As part of a historical with an area classification in connection holding with respect to the 2018 lookback, the EPA calculated that by the with which downwind states are also Moderate area date would have applied relevant attainment date for areas required to demonstrate attainment and with equal force to the Marginal area classified as Marginal, 85 percent of implement controls on existing attainment date because that date had such areas attained the 1979 1-hour sources—i.e., with the Moderate area already passed. Thus, the court did not ozone NAAQS, and 64 percent attained attainment date, rather than the have the opportunity to consider these the 2008 ozone NAAQS. See Response Marginal area date. With respect to the differential planning obligations in to Comments, section A.2.4.17 Based on 2015 ozone NAAQS, the Moderate area reaching its decision regarding the these historical data, the EPA expects attainment date will be in the summer EPA’s obligations relative to the then- that many areas classified Marginal for of 2024, and the last full year of applicable 2018 Moderate area the 2015 ozone NAAQS will also attain monitored ozone-season data that will attainment date because such by the relevant attainment date as a inform attainment demonstrations is, considerations were not applicable to result of emissions reductions that are therefore, 2023. the case before the court.18 For the already expected to occur through The EPA’s interpretation of the good reasons discussed here, the equitable implementation of existing local, state, neighbor requirements in relation to the concerns supporting the Wisconsin and federal emissions reduction Marginal area attainment date is court’s holding as to upwind state programs. To the extent states have consistent with the Wisconsin opinion. obligations relative to the Moderate area concerns about meeting their attainment For the reasons explained below, the attainment date also support the EPA’s date for a Marginal area, the CAA under court’s holding does not contradict the interpretation of the good neighbor section 181(b)(3) provides authority for EPA’s view that 2023 is an appropriate provision relative to the Marginal area them to voluntarily request a higher analytic year in evaluating good attainment date. Thus, the EPA classification for individual areas, if neighbor SIPs for the 2015 ozone proposes to conclude that its reliance on needed. NAAQS. The court in Wisconsin was an evaluation of air quality in the 2023 Areas that are classified as Moderate concerned that allowing upwind analytical year for purposes of assessing typically have more pronounced air emissions reductions to be implemented good neighbor obligations with respect quality problems than Marginal areas or after the applicable attainment date to the 2015 ozone NAAQS is based on have been unable to attain the NAAQS would require downwind states to a reasonable interpretation of the CAA under the minimal requirements that obtain more emissions reductions than and legal precedent. apply to Marginal areas. See CAA the Act requires of them, to make up for sections 181(a)(1) (classifying areas the absence of sufficient emissions B. Selection of the 1 ppb Threshold based on the degree of nonattainment reductions from upwind states. See 938 As previously discussed, the March relative to the NAAQS) and (b)(2) F.3d at 316. As discussed previously, 2018 memorandum identifies potential (providing for reclassification to the however, this equitable concern only downwind nonattainment and next highest designation upon failure to arises for nonattainment areas classified maintenance receptors. The March 2018 attain the standard by the attainment as Moderate or higher for which memorandum also provides state-by- date). Thus, unlike Marginal areas, the downwind states are required by the state contribution data for each statute explicitly requires a state with an CAA to develop attainment plans nonattainment and maintenance ozone nonattainment area classified as securing reductions from existing receptor. The EPA is proposing to rely Moderate or higher to develop an sources and demonstrating how such on the 2023 modeling data identifying attainment plan demonstrating how the areas will attain by the attainment date. downwind receptors and upwind state state will address the more significant See, e.g., CAA section 182(b)(1) & (2) contributions, as released in the March air quality problem, which generally (establishing ‘‘reasonable further 2018 memorandum, to evaluate Iowa’s requires the application of various progress’’ and ‘‘reasonably available good neighbor obligation with respect to control measures to existing sources of control technology’’ requirements for the 2015 ozone NAAQS and to find emissions located in the nonattainment Moderate nonattainment areas). Ozone Iowa’s reliance on EPA’s modeling and area. See generally CAA sections 172(c) nonattainment areas classified as identification of receptors reasonable and 182(b)–(e). Marginal are not required to meet these and approvable. Given that downwind states are not same planning requirements, and thus The 2023 modeling projects that required to demonstrate attainment by the equitable concerns raised by the emissions from Iowa impact two the attainment date or impose Wisconsin court do not arise with additional controls on existing sources respect to downwind areas subject to 18 The D.C. Circuit, in a short judgment, subsequently vacated and remanded the EPA’s in a Marginal nonattainment area, the the Marginal area attainment date. action purporting to fully resolve good neighbor EPA believes that it would be The distinction between planning obligations for certain states for the 2008 ozone inconsistent to interpret the good obligations for Marginal nonattainment NAAQS, referred to as the CSAPR Close-Out, 83 FR neighbor provision as requiring the EPA areas and higher classifications was not 65878 (December 21, 2018). New York v. EPA, No. before the court in Wisconsin. Rather, 19–1019 (D.C. Cir. October 1, 2019). That result to evaluate the necessity for upwind necessarily followed from the Wisconsin decision, state emissions reductions based on air the court was considering whether the because as the EPA conceded, the Close-Out ‘‘relied quality modeled in a future year aligned EPA, in implementing its obligation to upon the same statutory interpretation of the Good with the Marginal area attainment date. promulgate Federal Implementation Neighbor Provision’’ rejected in Wisconsin. Id. slip Plans under CAA section 110(c), was op. at 3. In the Close-Out, the EPA had analyzed Rather, the EPA believes it is more the year 2023, which was two years after the appropriate and consistent with the required to fully resolve good neighbor Serious area attainment date for the 2008 ozone nonattainment planning provisions in obligations by the 2018 Moderate area NAAQS and not aligned with any attainment date title I to evaluate downwind air quality attainment date for the 2008 ozone for that NAAQS. Id. at 2. In New York, as in NAAQS. See 938 F.3d at 312–13. Wisconsin, the court was not faced with addressing specific issues associated with the unique planning 17 Available at https://www.regulations.gov/ Although the court noted that requirements associated with the Marginal area document?D=EPA-HQ-OAR-2016-0202-0122. petitioners had not ‘‘forfeited’’ an attainment date.

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potential receptors (the Milwaukee maintenance receptors: The states or by in-state emissions sources. nonattainment receptor and Allegan nonattainment receptor in Milwaukee A relatively large collective upwind maintenance-only receptor) above the 1 County, Wisconsin, and the impact compared to the in-state impact percent threshold that the EPA has maintenance receptor in Allegan at a given receptor indicates that the recently applied in CSAPR and the County, Michigan, to which Iowa’s ozone problem at the receptor is driven CSAPR Update to address the 1997 and impacts are 0.79 ppb and 0.77 ppb, to an important degree by transport from 2008 ozone NAAQS, respectively. respectively.19 These values are greater upwind states, which may support However, based on the EPA’s August than 0.70 ppb (1 percent of the 2015 applying a lower threshold. Conversely, 2018 memorandum, Iowa provides an ozone NAAQS) and less than a 1 ppb if the in-state impact far exceeds the analysis intended to demonstrate that a threshold. Therefore further analysis is collective impact from upwind states, 1 ppb contribution threshold is required to determine whether or not a then this comparison could indicate the appropriate for analyzing its linkages to 1 ppb threshold is reasonable and that transport from upwind states is not the identified receptors. We propose to appropriate to apply as a contribution an important part of the ozone problem approve the State’s conclusion that it threshold for evaluation of these at the receptor of interest, which may does not contribute to any receptors for receptors in step 2 of the four-step support applying a higher threshold. the purposes of the good neighbor interstate transport framework. As to the second additional factor, we provision, based on the information and In the August 2018 memorandum, consider the impacts of individual analysis provided in the State’s SIP EPA stated that the amount of upwind upwind states linked at 1 ppb or more submittal and additional analysis as contribution captured with the 1 to the receptor. When discussing the presented below. percent and 1 ppb thresholds is rationale for the threshold in the August Consistent with the EPA’s approach to generally comparable, overall (i.e., on 2018 memorandum, the EPA described both the 1997 and 2008 ozone NAAQS average across all receptors), and that a comparable amount of emissions in CSAPR and the CSAPR Update therefore EPA believes it may be reductions from states with individual described earlier, the EPA proposes to reasonable and appropriate for states to impacts below the 1 percent threshold conclude that, at least where a state’s use a 1 ppb contribution threshold at would have a relatively small impact on impacts to downwind nonattainment step 2 of the four-step interstate the downwind receptors relative to and maintenance receptors are less than transport framework. To determine the other states with higher impacts. While 1 percent of the NAAQS, it is reasonable appropriateness of using a 1 ppb greater than the impact of emissions to conclude that the state’s impact will contribution threshold for purposes of reductions from states with impact not significantly contribute to this action, the EPA first assessed below 1 percent, the relative air quality nonattainment or interfere with whether the general observation in the impact of emissions reductions from maintenance of the NAAQS at such August 2018 memorandum that a 1 ppb states with contributions between 1 locations. As discussed earlier, Iowa’s threshold captures a comparable percent and 1 ppb could be less impacts on all but two potential amount of upwind collective important than states with contributions receptors identified in the March 2018 contribution as a 1 percent threshold higher than 1 ppb. As stated in the memorandum are below 1 percent of the holds true for the specific receptors at August 2018 memorandum ‘‘the use of 2015 ozone NAAQS. Therefore, where issue here. The EPA also considered the a 1 ppb threshold to identify linked Iowa’s impacts are less than 1 percent following additional quantitative factors upwind states still provides the at a given receptor, the EPA proposes to to further evaluate the reasonableness potential, at step 3, for meaningful find that this serves as a wholly and appropriateness of using a 1 ppb emissions reductions in linked upwind sufficient basis to determine that the threshold at each receptor: states in order to aid downwind states state will not significantly contribute to 1. How does the impact of in-state with attainment and maintenance of the nonattainment or interfere with emissions on ozone levels at this 2015 NAAQS.’’ maintenance at that receptor for receptor compare to collective upwind As to the third additional factor, we purposes of CAA section impacts? consider whether individual upwind 110(a)(2)(D)(i)(I). 2. What are the impacts of individual states that impact the receptor between As discussed in its August 2018 upwind states linked at 1 ppb or higher 1 percent and 1 ppb are also linked to memorandum, the EPA believes that it to the receptor? other receptor(s) at levels above 1 ppb. may be reasonable and appropriate for 3. Are individual upwind states We would expect states to evaluate states to use a 1 ppb contribution impacting this receptor between 1 emissions reductions as part of a step 3 threshold, as an alternative to a 1 percent and 1 ppb linked above 1 ppb analysis in their SIPs regarding their percent threshold, at step 2 of the four- to other receptors? contributions to the other receptor(s). step interstate transport framework, for For the reasons that follow, the EPA Any resulting emissions reductions the purposes of identifying linkages to proposes to evaluate these factors in a would also likely benefit the receptor to downwind receptors. In this action, the weight-of-the-evidence analysis to which the states contribute between 1 EPA proposes to determine, for the determine whether it is appropriate to percent and 1 ppb. reasons discussed below, that it is apply a 1 ppb threshold for the Allegan The EPA evaluated each of these appropriate to apply a 1 ppb threshold and Milwaukee receptors at step 2 of the factors for the two downwind receptors for purposes of evaluating upwind state four-step interstate transport framework. (i.e., Milwaukee and Allegan) to which linkages at the Allegan County, As to the first additional factor that Iowa’s impacts are greater than 1 Michigan and Milwaukee County, the EPA proposes to consider, the percent of the NAAQS but less than 1 Wisconsin receptors. magnitude of in-state emissions ppb. As stated in the Iowa SIP submission, compared to collective upwind impacts 1. Milwaukee Receptor the EPA’s updated 2023 modeling at a receptor can indicate whether or not discussed in the March 2018 the ozone problem at a given receptor is EPA’s modeling shows the 2023 memorandum indicates that Iowa is largely driven by transport from upwind average design value at the Milwaukee, shown to have an impact below 1 Wisconsin receptor is 71.2 ppb. At the percent of the 2015 ozone NAAQS to all 19 See the March 2018 memorandum, attachment Milwaukee receptor, the collective but two downwind nonattainment and C. upwind ozone contribution captured

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with a 1 percent threshold is 28.4 ppb is applied, we do expect these States to from in-state emissions, highlighting and with a 1 ppb threshold it is 23.6 evaluate their potential for additional that upwind emissions have a large ppb. Thus, a 1 ppb threshold captures emissions reductions to address their impact at the Allegan, Michigan 83 percent of the upwind contribution linkage to other receptors, which would receptor. In general, this factor would that would be captured using a 1 also provide co-benefits to the tend to weigh in favor of recognizing the percent threshold. Consistent with the Milwaukee receptor. importance of upwind contributions at August 2018 memorandum, these data Based on this analysis, EPA finds that this receptor. indicate that the percent of upwind for the Milwaukee, Wisconsin receptor, Under the second factor, seven contribution captured at 1 ppb is a vast majority (85 percent) of the upwind states contribute above 1 ppb to generally comparable to the percent upwind states’ emissions will be the Allegan, Michigan receptor, and as captured at 1 percent of the NAAQS, captured for further evaluation for noted above the collective impact from indicating that the 1 ppb threshold may possible control at step 3 of the four- these states is 36.6 ppb, which be appropriate to apply to the step interstate transport framework from represents 85 percent of the total impact Milwaukee receptor. We therefore states which contribute above the 1 ppb of all the upwind states. By contrast, proceeded to further examine data threshold to this receptor or from states Iowa’s contribution to Allegan, regarding the upwind impacts at this which contribute between 1 percent and Michigan is 0.77 ppb and represents 2 receptor using the three additional 1 ppb to the Milwaukee receptor and percent of the total contribution of all weight-of-evidence factors. above 1 ppb to at least one other upwind states. This factor strongly Under the first additional factor, receptor. This demonstrates that for the supports the view that a substantial transport of emissions from upwind Milwaukee receptor, the effect of amount of upwind contribution will be states collectively contributes 46 applying a 1 ppb threshold rather than captured by states linked above 1 ppb to percent (32.5 ppb) to the 2023 average a 1 percent threshold is likely less this receptor and further assessed for ozone design value as compared to a 19 consequential than if a major share of potential emissions reduction at step 3 percent (13.3 ppb) impact from in-state contribution from upwind states of the interstate transport framework. emissions, highlighting that both contributing between 1 percent and 1 Under the third factor, in addition to upwind and in-state emissions have ppb to the Milwaukee receptor did not Iowa, there are two other upwind states substantial impact at the Milwaukee contribute above 1 ppb to any other that contribute between 1 percent and 1 receptor. In general, this factor would receptor. ppb to Allegan, Michigan. The tend to weigh in favor of recognizing the Given the technical information and collective contribution of these two importance of addressing upwind analysis discussed above, the EPA finds states linked between 1 percent and 1 contributions at this receptor. that Iowa’s use of the 1 ppb contribution ppb is 1.4 ppb and this represents 3 Under the second factor, the EPA’s threshold is reasonable and appropriate percent of the total contribution of all analysis shows that four upwind states to support the conclusion that it will not the upwind states. One of the two contribute above 1 ppb to the contribute to the Milwaukee, Wisconsin additional states linked between 1 Milwaukee receptor, and as noted nonattainment receptor. percent and 1 ppb to the Allegan, above, the collective contribution from Michigan receptor is also linked above 2. Allegan Receptor these four states is 23.6 ppb, which 1 ppb to other 2023 nonattainment or represents 72 percent of the total In assessing Iowa’s conclusions as to maintenance receptors. Thus, even contribution of all the upwind states. By the Allegan, Michigan receptor, the EPA though we would not expect this State contrast, Iowa’s contribution to the applied the weight-of-evidence analysis to make emissions reductions to address Milwaukee receptor is 0.79 ppb and identified above, again using the 2023 the Allegan receptor if a 1 ppb threshold represents 2 percent of the total contribution data. EPA’s modeling is applied, we do expect this State to contribution of all upwind states. This shows that the 2023 average design evaluate its potential for additional factor tends to support the view that a value at the Allegan, Michigan receptor emissions reductions due to its linkage substantial amount of upwind is 69.0 ppb. The upwind ozone to other receptors, which would also contribution from states linked above 1 collectively captured at Allegan, provide co-benefits to the Allegan ppb to this receptor will be captured Michigan is 38.8 ppb and 36.6 ppb, receptor. and further assessed for potential respectively for the 1 percent and 1 ppb Based on this analysis, the EPA finds emissions reduction at step 3 of the contribution thresholds, which that for the Allegan, Michigan receptor, interstate transport framework. indicates that a 1 ppb threshold a vast majority (85 percent) of the Under the third factor, in addition to captures nearly all (i.e., 94 percent) of contribution from upwind states will be Iowa, there are five other upwind states the amount of contribution captured captured using a 1 ppb threshold. that contribute between 1 percent and 1 using a 1 percent threshold. The August Emissions in the upwind states that ppb to the Milwaukee receptor. The 2018 memorandum states that if the contribute above 1 ppb to this receptor collective contribution of these five amount captured at 1 ppb is generally or which contribute between 1 percent additional states linked between 1 comparable to the amount captured at 1 and 1 ppb to the Allegan receptor and percent and 1 ppb is 4.1 ppb, which percent of the NAAQS, then the 1 ppb above 1 ppb to at least one other represents 12 percent of the total threshold may be appropriate. The EPA receptor will be evaluated for possible contribution of all the upwind states. proposes to find that the amounts control at step 3. The analysis presented Unlike Iowa, all five of these other captured by the two thresholds for the here demonstrates that the effect of upwind States that are linked between Allegan receptor are comparable. We applying a 1 ppb threshold rather than 1 percent and 1 ppb to the Milwaukee, therefore proceeded to further examine a 1 percent threshold to the Allegan Wisconsin receptor are also linked the receptor using the three additional receptor is likely less consequential above 1 ppb to additional projected weight of evidence factors. than if a major share of the total upwind 2023 nonattainment or maintenance Under the first factor, transport of contribution to the receptor came from receptors. Thus, even though we would emissions from upwind states states contributing between 1 percent not expect these States to make collectively contribute 62 percent to the and 1 ppb to the Milwaukee receptor emissions reductions to address the 2023 average ozone design value and not contributing above 1 ppb to any Milwaukee receptor if a 1 ppb threshold compared to a 5 percent contribution other receptor.

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Given the technical information and Executive Orders 12866 (58 FR 51735, The SIP is not approved to apply on analysis discussed above, EPA finds that October 4, 1993) and 13563 (76 FR 3821, any Indian reservation land or in any the state of Iowa’s use of the 1 ppb January 21, 2011); other area where EPA or an Indian tribe contribution threshold is reasonable and • Is not an Executive Order 13771 (82 has demonstrated that a tribe has appropriate to support the conclusion FR 9339, February 2, 2017) regulatory jurisdiction. In those areas of Indian that it will not contribute to the Allegan, action because SIP approvals are country, the rule does not have tribal Michigan maintenance receptor. exempted under Executive Order 12866. implications and will not impose • Does not impose an information substantial direct costs on tribal VII. What action is the EPA taking? collection burden under the provisions governments or preempt tribal law as The EPA is proposing to approve of the Paperwork Reduction Act (44 specified by Executive Order 13175 (65 Iowa’s November 30, 2018, submission U.S.C. 3501 et seq.); FR 67249, November 9, 2000). • addressing certain infrastructure Is certified as not having a List of Subjects in 40 CFR Part 52 elements for the 2015 ozone NAAQS. significant economic impact on a Specifically, the EPA is proposing to substantial number of small entities Environmental protection, Air approve the following elements of CAA under the Regulatory Flexibility Act (5 pollution control, Air quality control section 110(a)(2)(D)(i)(I)—significant U.S.C. 601 et seq.); region, Incorporation by reference, contribution to nonattainment of the • Does not contain any unfunded Infrastructure, Intergovernmental NAAQS (prong 1) and interference with mandate or significantly or uniquely relations, Ozone, Reporting and record- maintenance of the NAAQS (prong 2). affect small governments, as described keeping. The EPA is processing this as a in the Unfunded Mandates Reform Act Dated: February 25, 2020. proposed action because it is soliciting of 1995 (Pub. L. 104–4); James Gulliford, comments. Final rulemaking will occur • Does not have Federalism Regional Administrator, Region 7. after consideration of any comments. implications as specified in Executive Order 13132 (64 FR 43255, August 10, For the reasons stated in the VII. Statutory and Executive Order preamble, the EPA proposes to amend Reviews 1999); • Is not an economically significant 40 CFR part 52 as set forth below: Under the CAA, the Administrator is regulatory action based on health or required to approve a SIP submission safety risks subject to Executive Order PART 52—APPROVAL AND that complies with the provisions of the 13045 (62 FR 19885, April 23, 1997); PROMULGATION OF IMPLEMENTATION PLANS CAA and applicable Federal regulations. • Is not a significant regulatory action 42 U.S.C. 7410(k); 40 CFR 52.02(a). subject to Executive Order 13211 (66 FR ■ 1. The authority citation for part 52 Thus, in reviewing SIP submissions, 28355, May 22, 2001); continues to read as follows: EPA’s role is to review state choices, • Is not subject to requirements of the and approve them if they meet the National Technology Transfer and Authority: 42 U.S.C. 7401 et seq. criteria and requirements of the CAA. Advancement Act (NTTA) because this Subpart Q—Iowa Accordingly, this action merely rulemaking does not involve technical approves state law as meeting Federal standards; and ■ 2. In § 52.820, the table in paragraph requirements and does not impose • Does not provide EPA with the (e) is amended by adding the entry additional requirements beyond those discretionary authority to address, as ‘‘(53)’’ in numerical order to read as imposed by state law. For that reason, appropriate, disproportionate human follows: this action: health or environmental effects, using • Is not a significant regulatory action practicable and legally permissible § 52.820 Identification of plan. subject to review by the Office of methods, under Executive Order 12898 * * * * * Management and Budget under (59 FR 7629, February 16, 1994). (e) * * *

EPA-APPROVED IOWA NONREGULATORY PROVISIONS

Applicable geographic or State Name of nonregulatory SIP provision nonattainment submittal EPA approval date Explanation area date

******* (53) Section 110(a)(2) (D)(i)(I)—significant con- Statewide ...... 11/30/2018 [Date of publication of This action approves the tribution to nonattainment (prong 1), and inter- the final rule in the following CAA ele- fering with maintenance of the NAAQs (prong 2) Federal Register], ments: 110(a)(1) and (Interstate Transport) Infrastructure Require- [Federal Register ci- 110(a)(2 (D)(i)(I)— ments for the 2015 Ozone (O3) NAAQS. tation of the final rule]. prongs 1 and 2. [EPA– R07–OAR–2020– 0093; FRL–10005–86– Region 7].

[FR Doc. 2020–04229 Filed 2–28–20; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION index. Although listed in the index, January 14, 2019. With this action, we AGENCY some information is not publicly are proposing approval of the revised available, e.g., CBI or other information Provo Maintenance Plan. 40 CFR Part 52 whose disclosure is restricted by statute. The 8-hour CO NAAQS—9.0 parts per Certain other material, such as [EPA–R08–OAR–2019–0696; FRL–10005– million (ppm)—is attained when such copyrighted material, will be publicly 71–Region 8] value is not exceeded more than once a available only in hard copy. Publicly Approval and Promulgation of Air available docket materials are available year. 40 CFR 50.8(a)(1). The Provo area Quality State Implementation Plans; either electronically in has attained the 8-hour CO NAAQS 2 Provo, Utah Second 10-Year Carbon www.regulations.gov or in hard copy at from 1994 to the present. In October Monoxide Maintenance Plan the Air Program, Environmental 1995, the EPA issued guidance that Protection Agency (EPA), Region 8, provided CO nonattainment areas the AGENCY: Environmental Protection 1595 Wynkoop Street, Denver, Colorado option of using a less rigorous ‘‘limited Agency (EPA). 80202–1129. The EPA requests that if at maintenance plan’’ (LMP) option to ACTION: Proposed rule. all possible, you contact the individual demonstrate continued attainment and 3 SUMMARY: The Environmental Protection listed in the FOR FURTHER INFORMATION maintenance of the CO NAAQS. Agency (EPA) is proposing to approve a CONTACT section to view the hard copy According to this ‘‘LMP Guidance,’’ State Implementation Plan (SIP) of the docket. You may view the hard areas that can demonstrate design revision submitted by the State of Utah. copy of the docket Monday through values (2nd highest max) at or below On January 14, 2019, the Governor of Friday, 8:00 a.m. to 4:00 p.m., excluding 7.65 ppm (85% of exceedance levels of Utah submitted to the EPA a Clean Air federal holidays. the 8-hour CO NAAQS) for eight Act (CAA) section 175A(b) second 10- FOR FURTHER INFORMATION CONTACT: consecutive quarters qualify to use an year maintenance plan for the Provo Amrita Singh, Air and Radiation LMP. For the revised Provo area for the carbon monoxide (CO) Division, EPA, Region 8, Mailcode Maintenance Plan, the State used the National Ambient Air Quality Standard 8ARD–QP, 1595 Wynkoop Street, LMP option to demonstrate continued (NAAQS). This limited maintenance Denver, Colorado 80202–1129, (303) maintenance of the CO NAAQS in the plan (LMP) addresses maintenance of 312–6103, [email protected]. Provo area. We have determined that the the CO NAAQS for a second 10-year SUPPLEMENTARY INFORMATION: Provo area qualifies for the LMP option period beyond the original Throughout this document wherever because the maximum design value for redesignation. This action is being taken ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean the most recent eight consecutive the EPA. under sections 110 and 175A of the quarters with certified data at the time CAA. I. Background the State adopted the plan (years 2016 DATES: Written comments must be Under the CAA Amendments of 1990, and 2017) was 1.6 ppm.4 received on or before April 1, 2020. the Provo area was designated as ADDRESSES: Submit your comments, II. The EPA’s Evaluation of the Provo nonattainment and classified as a Second 10-Year CO Maintenance Plan identified by Docket ID No. EPA–R08– ‘‘moderate >12.7 ppm’’ CO area (56 FR OAR–2019–0696, to the Federal 56839, November 6, 1991). On April 1, The following are the key elements of Rulemaking Portal: https:// 2004, the Governor of Utah submitted to an LMP for CO: Emission Inventory, www.regulations.gov. Follow the online the EPA a request to redesignate the Maintenance Demonstration, instructions for submitting comments. Provo CO nonattainment area to Once submitted, comments cannot be Monitoring Network/Verification of attainment for the CO NAAQS. Along Continued Attainment, Contingency edited or removed from with this request, the Governor www.regulations.gov. The EPA may Plan, and Conformity Determinations. submitted a CAA section 175A(a) Below, we describe our evaluation of publish any comment received to its maintenance plan which demonstrated each of these elements as it pertains to public docket. Do not submit that the area would maintain the CO electronically any information you NAAQS for the first 10 years following the revised Provo Maintenance Plan. consider to be Confidential Business our approval of the redesignation A. Emission Inventory Information (CBI) or other information request. We approved the State’s whose disclosure is restricted by statute. redesignation request and 10-year The revised Provo Maintenance Plan Multimedia submissions (audio, video, maintenance plan on November 2, 2005 contains an emissions inventory for etc.) must be accompanied by a written (70 FR 66264). 2016. The emission inventory is a list, comment. The written comment is Eight years after an area is by source category, of the tons per day considered the official comment and redesignated to attainment, CAA section should include discussion of all points 175A(b) requires the state to submit a you wish to make. The EPA will subsequent maintenance plan to the 2 In a direct final rulemaking published generally not consider comments or 1 September 20, 2002, the EPA determined that the EPA, covering a second 10-year period. Provo area had attained the CO NAAQS from 1994 comment contents located outside of the This second 10-year maintenance plan through 2001. (67 FR 59165). The measures taken primary submission (i.e., on the web, must demonstrate continued by the State to achieve attainment of the CO cloud, or other file sharing system). For compliance with the NAAQS during NAAQS are also detailed in this rulemaking action. additional submission methods, the full this second 10-year period. To fulfill 3 Memorandum ‘‘Limited Maintenance Plan EPA public comment policy, Option for Nonclassifiable CO Nonattainment this requirement of the CAA, the Areas’’ from Joseph W. Paisie, Group Leader, EPA information about CBI or multimedia Governor of Utah submitted the second Integrated Policy and Strategies Group, to Air submissions, and general guidance on 10-year update of the Provo CO Branch Chiefs, October 6, 1995. making effective comments, please visit maintenance plan (hereafter; ‘‘revised 4 See Table 4 below. Additionally, according to http://www2.epa.gov/dockets/ the LMP guidance, an area using the LMP option Provo Maintenance Plan’’) to us on must continue to have a design value ‘‘at or below commenting-epa-dockets. 7.65 ppm until the time of final EPA action on the Docket: All documents in the docket 1 In this case, the initial maintenance period redesignation.’’ Table 4, below, demonstrates that are listed in the www.regulations.gov extended through 2015. the area meets this requirement.

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of CO directly emitted in Utah County above, a maintenance area is qualified to desire to reallocate monitoring (in which the Provo CO maintenance use the LMP option if that area’s resources, the State has requested to area is located) on a typical winter day maximum 8-hour CO design value for discontinue CO monitoring in Provo in 2016.5 This inventory is shown in eight consecutive quarters does not and instead use an alternative strategy Table 1, below. exceed 7.65 ppm (85% of the CO for monitoring maintenance of the CO NAAQS). The EPA maintains that if an NAAQS. TABLE 1—UTAH COUNTY EMISSIONS area begins the maintenance period with The State’s alternative monitoring INVENTORY FOR A TYPICAL WINTER a design value no greater than 7.65 ppm, method utilizes ADT vehicle counts DAY IN 2016 the applicability of prevention of collected from a permanent automatic significant deterioration requirements, traffic counter in the Provo CO the control measures already in the SIP, maintenance area to determine average Emission inventory summary CO (tons/day) and federal measures should provide monthly traffic during the traditional adequate assurance of maintenance over high CO concentration season of Point Sources ...... 0.901 the 10-year maintenance period. November through February. The State Onroad Mobile ...... 94.827 Therefore, the EPA does not require will compare the latest rolling 3-years of Nonroad Mobile ...... 27.769 Railroads ...... 0.255 areas using the LMP option to project monthly ADT volumes to the 2013–2016 Wood Burning ...... 6.454 emissions over the maintenance period. baseline ADT volumes (see Table 3) that Commercial Cooking ...... 0.137 Because CO design values in the Provo correlate to the low CO monitored Nat. Gas Fuel Combustion ... 3.144 area are consistently well below the values during that period (see Table 4). LMP threshold (see Table 4), the State Because mobile sources are the biggest Total ...... 133.488 has adequately demonstrated that the driver of CO levels (as demonstrated in Provo area will maintain the CO the ‘‘Emission Inventory’’ section), the The State noted that 92% of the CO NAAQS into the future. State reasoned that any significant in the 2016 emissions inventory were increase in CO emissions would have to C. Monitoring Network/Verification of from mobile sources. For that reason, be accompanied by a significant Continued Attainment the State also calculated mobile source increase in ADT.11 The EPA agrees with emissions data for the city of Provo on Per the EPA’s LMP Guidance, ‘‘to the State’s reasoning. a typical winter day in 2011, 2014 and verify the attainment status of the area 2016 using EPA-recommended mobile over the maintenance period, the TABLE 3—TRAFFIC VOLUMES FOR sources emissions modeling methods maintenance plan should contain PROVO, UTAH (MOVES2014a).6 provisions for continued operation of an appropriate, EPA-approved air quality Rolling 2013–2016 ADT: November to TABLE 2—PROVO VEHICLE MILES monitoring network.’’ 8 In instances February TRAVELED ON AN AVERAGE WINTER where a state has used the LMP option Month-year Provo DAY for a second ten-year CO maintenance plan in an area whose monitoring values November 2013 ...... 27,223 Vehicle Average CO have consistently been well below the December 2013 ...... 24,881 Year miles traveled/ tons/day in NAAQS, the EPA has allowed the state January 2014 ...... 27,361 winter day in February 2014 ...... 28,679 Provo city Provo city to monitor CO in the maintenance area using average daily traffic (ADT) counts November 2014 ...... 28,453 December 2014 ...... 27,156 2011 ...... 1,255,778 16.53 in lieu of ambient air quality 9 January 2015 ...... 29,056 2014 ...... 1,312,491 14.46 monitoring. For the revised Provo February 2015 ...... 30,682 2016 ...... 1,497,156 13 Maintenance Plan, the State has elected November 2015 ...... 29,582 to use a similar alternative monitoring December 2015 ...... 27,518 As shown in Table 2 (and as noted in method which does not rely on ambient January 2016 ...... 30,452 the revised Provo Maintenance Plan), monitoring to verify continued February 2016 ...... 32,301 modeled average CO emissions declined attainment of the CO NAAQS. This from 2011 to 2014, and again from 2014 method utilizes ADT counts that are Average ...... 28,612 to 2016, despite an increase in vehicle collected by a Utah Department of miles traveled in each of these periods, Transportation (UDOT) traffic counter TABLE 4—8-HOUR CO DESIGN which the State attributed to vehicles located along a major thoroughfare VALUES FOR PROVO, UTAH growing continuously cleaner over time. (North University Avenue) in Provo, by The Provo LMP contains a detailed comparing ongoing ADT counts to those Design value Year emission inventory that was prepared in collected when monitoring data in the (ppm) 12 accordance with EPA guidance and is area showed design values well below acceptable to the EPA.7 the CO NAAQS. 2.6 ...... 2007 Since 2007, no Provo CO monitor has 1.8 ...... 2008 B. Maintenance Demonstration 2.5 ...... 2009 registered a design value greater than We consider the maintenance 1.9 ...... 2010 2.6 ppm, which is below one-third of 2.0 ...... 2011 demonstration requirement to be the NAAQS.10 Citing these consistently 1.8 ...... 2012 satisfied for areas that qualify for and low monitor values, and expressing a 2.1 ...... 2013 use the LMP option. As mentioned 1.9 ...... 2014 8 See LMP Guidance, October 6, 1995, at 4. 2.1 ...... 2015 5 Violations of the CO NAAQS are most likely to 9 See, e.g., ‘‘Approval and Promulgation of Air 1.3 ...... 2016 occur on winter weekdays. Quality Implementation Plans; State of Montana 1.6 ...... 2017 6 Motor Vehicle Emissions Simulator (MOVES) Second 10-Year Carbon Monoxide Maintenance model; version 2014a. Plan for Billings,’’ 80 FR 16571, March 30, 2015. 7 ‘‘Procedures for Processing Requests to 10 See Table 4 below. Design values were derived 11 See ‘‘Review of National Ambient Air Quality Redesignate Areas to Attainment,’’ from John from the EPA Air Data (https://www.epa.gov/ Standards for Carbon Monoxide,’’ 76 FR 54294, Calcagni, September 4, 1992. outdoor-air-quality-data) website. August 31, 2011.

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If the rolling 3-year ADT value is 25% reinstated, a measured 8-hour CO maintenance period. While the EPA’s higher than the average value of 28,612 concentration in a given year which LMP policy does not exempt an area from the 2013–2016 baseline period, the exceeds the LMP eligibility requirement from the need to affirm conformity, it State will reestablish CO ambient of 7.65 ppm would require the State to explains that the area may demonstrate monitoring in Provo the following high evaluate the cause of the CO increase. conformity without submitting a MVEB. season (November–February). If the CO Within 6 months of validation of the This is because it is unreasonable to design value in that season has not concentration above 7.65 ppm, the State expect that an LMP area will experience increased from the baseline mean by an must present the Utah Air Quality Board so much growth in that period that a equal or greater rate at which ADT has (UAQB) with a recommended strategy to violation of the CO NAAQS would increased, and the monitor values either prevent or correct any violation of result.14 Therefore, for the Provo CO remain at or below 50% of the CO the 8-hour CO standard. The revised maintenance area, all actions that NAAQS (2nd max concentration ≤4.5 Provo Maintenance Plan also states that, require conformity determinations for ppm), the monitor may again be if a violation of the CO NAAQS occurs, CO under our conformity rule removed and the ADT counts will the UAQB will hold a public meeting to provisions are considered to have continue to be relied upon to determine consider the prior contingency measures already satisfied the regional emissions compliance with the NAAQS. that helped bring the Provo area into analysis and ‘‘budget test’’ requirements 40 CFR 58.14(c) allows approval of attainment, including the mandatory in 40 CFR 93.118. requests to discontinue ambient 2.7% oxygen fuels program and annual Since LMP areas are still maintenance monitors ‘‘on a case-by-case basis if inspection and maintenance tests for areas, certain aspects of transportation discontinuance does not compromise mobile sources, in addition to any conformity determinations are still data collection needed for measures that could help the area required for transportation plans, implementation of a NAAQS and if the reduce CO emissions. Selected programs and projects. Specifically, for requirements of appendix D to this part, contingency measures would then be such determinations, RTPs, TIPs and if any, continue to be met.’’ The EPA adopted and required by November 1st projects must still demonstrate that they finds that Utah’s alternative monitoring of the next winter season. are fiscally constrained (40 CFR 93.108) method meets the criteria of 40 CFR We find that the contingency and must meet the criteria for 58.14(c) for the Provo CO maintenance measures provided in the revised Provo consultation (40 CFR 93.105 and 40 CFR area. Given the long history of low CO Maintenance Plan are sufficient and 93.112) and Transportation Control concentrations in the Provo area, and meet the requirements of section Measure implementation in the the adequacy of the State’s alternative 175A(d) of the CAA. conformity rule provisions (40 CFR monitoring method at ensuring E. Transportation Conformity 93.113). In addition, projects in LMP continued attainment of the CO areas will still be required to meet the Transportation conformity is required NAAQS, the EPA finds it appropriate to applicable criteria for CO hot spot by section 176(c) of the CAA. approve the State’s request to analyses to satisfy ‘‘project level’’ Conformity to a SIP means that discontinue the Provo monitor and use conformity determinations (40 CFR transportation activities will not their alternative monitoring method in 93.116 and 40 CFR 93.123) which must produce new air quality violations, its place. also incorporate the latest planning worsen existing violations, or delay assumptions and models available (40 D. Contingency Plan timely attainment of the NAAQS (CAA CFR 93.110 and 40 CFR 93.111 Section 175A(d) of the CAA requires 176(c)(B)). The EPA’s conformity rule respectively). that a maintenance plan include provisions in 40 CFR part 93, subpart A In view of the CO LMP policy, the contingency provisions to promptly require that transportation plans, effect of this proposed approval will be correct any violation of the NAAQS that programs and projects conform to SIPs that no regional emissions analyses for occurs after redesignation of an area. To and establish the criteria and future transportation CO conformity procedures for determining whether or meet this requirement, the State has determinations will be required of the not they demonstrate conformity. The identified appropriate contingency Mountainland Association of EPA’s conformity rule provisions measures along with a schedule for the Governments, who is the Metropolitan include requirements for a development and implementation of Planning Organization for Utah County, demonstration that emissions from the such measures. for the CO LMP period (as per the EPA’s The revised Provo Maintenance Plan Regional Transportation Plan (RTP) and CO LMP policy and 40 CFR 93.109(e)). the Transportation Improvement stated that Utah will use an exceedance Program (TIP) are consistent with the III. Proposed Action of the CO NAAQS as the trigger for motor vehicle emission budget (MVEB) adopting specific contingency measures The EPA is proposing to approve the contained in the SIP revision (40 CFR for the Provo area. As noted, the State’s revised Provo Maintenance Plan 93.118 and 93.124). The MVEB is alternative monitoring method requires submitted on January 14, 2019. This defined as the level of mobile source reinstitution of a CO monitor in Provo maintenance plan meets the applicable emissions relied upon in the attainment if traffic levels increase from the 2013– CAA requirements and the EPA has or maintenance demonstration to 2016 baseline by a factor of 25%. determined it is sufficient to provide for maintain compliance with the NAAQS Therefore, the EPA finds that CO maintenance of the CO NAAQS over the in the nonattainment or maintenance emissions in Provo are very unlikely to course of the second 10-year area.13 maintenance period out to 2025. increase to the point of an exceedance Under the LMP policy, emissions without that exceedance being observed budgets are treated as essentially not IV. Statutory and Executive Orders by a gaseous monitor. constraining for the length of the Review The revised Provo Maintenance Plan indicates that, once monitoring is Under the CAA, the Administrator is 13 The EPA’s transportation conformity required to approve a SIP submission requirements and policy on MVEBs are found in the 12 Design values were derived from the EPA Air preamble to the November 24, 1993, transportation that complies with the provisions of the Data (https://www.epa.gov/outdoor-air-quality-data) conformity rule (see 58 FR 62193–62196) and in the website. sections of 40 CFR part 93 referenced above. 14 See LMP Guidance, October 6, 1995, at 4.

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Act and applicable federal regulations. specified by Executive Order 13175 (65 • Mail: OPP Docket, Environmental 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000). Protection Agency Docket Center (EPA/ Thus, in reviewing SIP submissions, the DC), (28221T), 1200 Pennsylvania Ave. List of Subjects in 40 CFR Part 52 EPA’s role is to approve state choices, NW, Washington, DC 20460–0001. provided that they meet the criteria of Environmental protection, Air • Hand Delivery: To make special the CAA. Accordingly, this action pollution control, Incorporation by arrangements for hand delivery or merely proposes to approve state law as reference, Intergovernmental relations, delivery of boxed information, please meeting federal requirements and does Nitrogen dioxide, Ozone, Particulate follow the instructions at http:// not impose additional requirements matter, Reporting and recordkeeping www.epa.gov/dockets/contacts.html. beyond those imposed by state law. For requirements, Sulfur dioxide, Volatile Additional instructions on that reason, this action: organic compounds. commenting or visiting the docket, • Is not a ‘‘significant regulatory Authority: 42 U.S.C. 7401 et seq. along with more information about dockets generally, is available at http:// action’’ subject to review by the Office Dated: February 25, 2020. www.epa.gov/dockets. of Management and Budget under Gregory Sopkin, Executive Orders 12866 (58 FR 51735, FOR FURTHER INFORMATION CONTACT: Regional Administrator, Region 8. October 4, 1993) and 13563 (76 FR 3821, Jackie Mosby, Field and External Affairs January 21, 2011); [FR Doc. 2020–04230 Filed 2–28–20; 8:45 am] Division (7506P), Office of Pesticide • Is not an Executive Order 13771 (82 BILLING CODE 6560–50–P Programs, Environmental Protection FR 9339, February 2, 2017) regulatory Agency, 1200 Pennsylvania Ave. NW, action because SIP approvals are Washington, DC 20460–0001; telephone ENVIRONMENTAL PROTECTION exempted under Executive Order 12866; number: (703) 305–7102; email address: AGENCY • Does not impose an information [email protected]. collection burden under the provisions 40 CFR Part 171 SUPPLEMENTARY INFORMATION: of the Paperwork Reduction Act (44 I. General Information U.S.C. 3501 et seq.); [EPA–HQ–OPP–2011–0037; FRL–10005–59] • A. Does this action apply to me? Is certified as not having a EPA Plan for the Federal Certification significant economic impact on a of Applicators of Restricted Use You may be potentially affected by substantial number of small entities Pesticides Within Indian Country; this action if you are an individual or under the Regulatory Flexibility Act (5 Proposed Revisions; Notice of business that is seeking certification to U.S.C. 601 et seq.); apply restricted use pesticides (RUPs), • Availability and Request for Comment Does not contain any unfunded as defined under section 3(d) of the mandate or significantly or uniquely AGENCY: Environmental Protection Federal Insecticide, Fungicide, and affect small governments, as described Agency (EPA). Rodenticide Act (FIFRA) (7 U.S.C. 136a in the Unfunded Mandates Reform Act ACTION: Notice. et seq.) and 40 CFR part 152, subpart I, of 1995 (Pub. L. 104–4); in areas of Indian country where no • SUMMARY: EPA is announcing proposed Does not have federalism other EPA-approved plan applies. This revisions to the EPA-administered implications as specified in Executive action may, however, be of interest to federal pesticide applicator certification Order 13132 (64 FR 43255, August 10, those involved in agriculture and plan to certify applicators of restricted 1999); anyone involved with the distribution • use pesticides in areas of Indian country Is not an economically significant and application of pesticides for that are not covered by any other EPA- regulatory action based on health or agricultural purposes. Others involved approved certification plan. After this safety risks subject to Executive Order with pesticides in a non-agricultural proposed plan is finalized and 13045 (62 FR 19885, April 23, 1997); setting may also be affected. Since other • implemented, certification of Is not a significant regulatory action entities may also be interested, the applicators in Indian country will be subject to Executive Order 13211 (66 FR Agency has not attempted to describe all administered by EPA, unless a tribe 28355, May 22, 2001); the specific entities that may be affected submits its own tribal certification plan, • Is not subject to requirements of by this action. You may be potentially enters into a tribal-EPA agreement, or section 12(d) of the National affected by this action if you are: A state opts out of the revised EPA Plan. EPA Technology Transfer and Advancement lead agency (SLA), tribe, or federal is soliciting comments on EPA’s Act of 1995 (15 U.S.C. 272 note) because agency who administers a certification proposed revisions to the federal application of those requirements would program for pesticides applicators or a certification plan in Indian country be inconsistent with the CAA; and pesticide safety educator; or other where no other EPA-approved plan • Does not provide the EPA with the person who provides pesticide safety applies. discretionary authority to address, as training for pesticide applicator appropriate, disproportionate human DATES: Comments must be received on certification or recertification. This health or environmental effects, using or before June 1, 2020. document also addresses EPA’s work on practicable and legally permissible ADDRESSES: Submit your comments, a government-to-government basis with methods, under Executive Order 12898 identified by docket identification (ID) tribes (see Unit VIII.). If you have any (59 FR 7629, February 16, 1994). number EPA–HQ–OPP–2011–0037, by questions regarding the applicability of In addition, the SIP is not approved one of the following methods: this action to a particular entity, please to apply on any Indian reservation land • Federal eRulemaking Portal: http:// consult the person listed under FOR or in any other area where the EPA or www.regulations.gov. Follow the online FURTHER INFORMATION CONTACT. an Indian tribe has demonstrated that a instructions for submitting comments. tribe has jurisdiction. In those areas of Do not submit electronically any B. What should I consider as I prepare Indian country, the proposed rule does information you consider to be my comments for EPA? not have tribal implications and will not Confidential Business Information (CBI) 1. Submitting CBI. Do not submit this impose substantial direct costs on tribal or other information whose disclosure is information to EPA through governments or preempt tribal law as restricted by statute. regulations.gov or email. Clearly mark

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the part or all of the information that made because of potential unreasonable using RUPs under the direct supervision you claim to be CBI. For CBI adverse effects on the environment, the of a certified applicator. information in a disk or CD–ROM that pesticide may only be applied by or Recognizing EPA’s commitment to you mail to EPA, mark the outside of the under the direct supervision of a work more closely with tribal disk or CD–ROM as CBI and then certified applicator or subject to such governments to strengthen identify electronically within the disk or other restrictions as the Administrator environmental protection in Indian CD–ROM the specific information that may provide by regulation. FIFRA country, the 2017 Rule provided more is claimed as CBI. In addition to one section 3(d)(1)(C)(ii), 7 U.S.C. practical options for establishing complete version of the comment that 136a(d)(1)(C)(ii). To be certified, an certification programs in Indian includes information claimed as CBI, a individual must be determined to be country. The 2017 Rule offers three copy of the comment that does not competent with respect to the use and options for tribes to establish valid EPA- contain the information claimed as CBI handling of pesticides covered by the recognized/approvable certification must be submitted for inclusion in the certification. FIFRA section 11(a), 7 programs in Indian country, along with public docket. Information so marked U.S.C 136i(a). a fourth ‘‘opt-out’’ option, all which are will not be disclosed except in It was the intent of Congress that detailed in Appendix A of the ‘‘Tribal accordance with procedures set forth in persons desiring to use RUPs should be Certification Plan Outline’’ document 40 CFR part 2. able to obtain certification under (Ref. 4). The three options for 2. Tips for preparing your comments. programs approved by EPA, as reflected establishing a certification mechanism When preparing and submitting your in FIFRA sections 11 and 23. 7 U.S.C. are as follows: comments, see the commenting tips at 136i, 136u. The regulations addressing 1. Tribal Reliance on Certifications http://www.epa.gov/dockets/ federal agency, state, and tribal Issued by Specified Jurisdictions (Tribal- comments.html. development and submission of EPA Agreement): A tribe may establish certification plans to EPA are contained a certification plan with the relevant II. What action is the Agency taking? at 40 CFR part 171. It is EPA’s position EPA region(s) through a written EPA is announcing its proposed that federal agency, state, and tribal agreement per 40 CFR 171.307(a) where revisions to the EPA-administered plans are generally best suited to the the tribe specifies certain federal federal pesticide applicator certification needs of that particular federal agency, agencies, states, and/or tribes whose plan (EPA Plan) to certify applicators of state, or tribe and its citizens. States and certified applicators will be authorized RUPs in Indian country and seeks tribes, however, are not required to to use RUPs in the tribe’s areas of Indian public comment. This proposed EPA develop their own plans. Where EPA country. The nature and extent of a Plan describes the process by which has not approved a state or tribal tribe’s role in implementing a 40 CFR EPA will implement a program for the certification plan, the Agency is 171.307(a) plan will be negotiated with certification of applicators of RUPs in authorized to implement a plan the appropriate EPA region and areas of Indian country based upon the administered by EPA for the federal specified in the written agreement. certification requirements enumerated certification of applicators of RUPs 2. Certifications Issued by a Tribe at 40 CFR part 171. The proposed EPA pursuant to FIFRA section 11. (Tribal Certifications): A tribe may Plan, in its entirety, is included in the In 2014, EPA announced the choose to submit its own new or revised docket (Ref. 1). finalization and implementation of an certification plan to the appropriate EPA EPA-administered certification plan for region for approval per 40 CFR III. What is the Agency’s authority for Indian country (2014 EPA Plan) (Ref. 2). 171.307(b). A tribal certification plan this plan? The 2014 EPA Plan described the needs to demonstrate that the plan The proposed EPA Plan will be process by which EPA would meets all requirements of 40 CFR implemented under the authority of implement a program for the 171.303 applicable to state certification FIFRA section 11(a)(1), and in certification of applicators of RUPs in plans, except that the tribe’s plan will accordance with the regulations found Indian country based upon the not be required to meet the at 40 CFR 171.307(c) and 171.311. certification requirements enumerated requirements of 40 CFR Additional enforcement authorities are at 40 CFR part 171 at the time. The 171.303(b)(6)(iii) with respect to found in FIFRA sections 8, 9, 12, 13, 14, entire 2014 EPA Plan is available in provisions for criminal penalties, or any and 23. Docket ID No. EPA–HQ–OPP–2011– other requirements for assessing 0037 at http://www.regulations.gov. criminal penalties. IV. Background In 2017, EPA published a final rule 3. EPA-administered Certification Under FIFRA, EPA has the authority (2017 Rule) updating the regulation at Plan (EPA Plan): In any area of Indian to classify registered pesticides as either 40 CFR part 171 concerning the country not covered by a certification ‘‘restricted use’’ or ‘‘general use.’’ certification of RUP applicators (Ref. 3). plan established under either option 1 Pesticides (or a particular use or uses of The 2017 Rule ensured that federal or 2, the Agency will implement the a pesticide) that may generally cause, certification program standards proposed EPA Plan once it is finalized without additional regulatory adequately protect applicators, the as provided in 40 CFR 171.307(c), restrictions, unreasonable adverse public, and the environment from risks except where a tribe has elected to opt effects on the environment, including associated with use of RUPs. The 2017 out. Under the EPA Plan, the Agency injury to the applicator, shall be Rule sought to improve the competency would be responsible for certifying classified for ‘‘restricted use.’’ FIFRA of certified applicators of RUPs, to private and commercial applicators to section 3(d)(1)(C), 7 U.S.C. increase protection for noncertified use or supervise the use of RUPs. Tribes 136a(d)(1)(C). If the classification is applicators using RUPs under the direct may impose additional restrictions or made because of hazards to the supervision of a certified applicator requirements on use of RUPs through applicator, the pesticide may only be through enhanced pesticide safety tribal codes, laws, regulations or other applied by or under the direct training and standards for supervision tribal procedures, but would not supervision of a certified applicator. of noncertified applicators, and to generally be involved in the certification FIFRA section 3(d)(1)(C)(i), 7 U.S.C. establish a minimum age requirement process. The existing 2014 EPA Plan 136a(d)(1)(C)(i). If the classification is for certified and noncertified applicators will remain in full effect until the

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proposed EPA Plan under this option is finalized and implemented, unless a federal case law interpreting this finalized, no later than March 4, 2022. tribe decides to opt out of the proposed statutory language, EPA treats lands Once finalized, some components of the EPA Plan. held by the federal government in trust 2014 EPA Plan may remain in effect for Indian tribes that exist outside of V. Summary of the Proposed EPA Plan while EPA prepares to implement the formal reservations as informal revised EPA Plan. EPA is proposing a new EPA Plan for reservations, and thus as Indian A fourth option for tribes is the ability those areas of Indian country not country. to opt out of the proposed EPA Plan for covered by any other EPA-approved Indian country. If a tribe chooses to opt certification plan. This proposed EPA B. Proposed Procedures and out, the Agency will not implement the Plan provides for the certification of Requirements for Private Applicator proposed EPA Plan in the area of Indian applicators of RUPs, references for Certification and Recertification country where the chairperson or training noncertified applicators who EPA is proposing to continue to make equivalent elected leader of the relevant use RUPs under the supervision of a available two options for private tribe provides the Agency, during the certified applicator, pesticide dealer applicators seeking a federal certificate comment period initiated by this Notice, reporting and recordkeeping, and under the proposed EPA Plan. a written statement of the tribe’s enforcement consistent with the 1. Option to submit documentation of position that the proposed EPA Plan requirements of 40 CFR part 171. EPA a currently valid certificate. Consistent should not be implemented per 40 CFR will administer routine maintenance with the 2014 EPA Plan, a private 171.307(c)(2). EPA’s website will have activities associated with implementing applicator seeking federal certification additional information on the process of this plan, including application under this option must submit opting out of the proposed EPA Plan processing, database management and documentation of a currently valid after the comment period ends (https:// recordkeeping, and will conduct certificate as a private applicator www.epa.gov/pesticide-applicator- inspections and take enforcement authorized to apply federally-designated certification-indian-country). actions as appropriate. The final RUPs through an EPA-approved Currently, most of Indian country is revisions to the proposed EPA Plan will certification plan for a state or tribe with covered by the 2014 EPA Plan. EPA be made after the results of the tribal a contiguous boundary to the relevant expects that most areas of Indian consultation and public comments are area of Indian country along with a country will choose to continue being taken into consideration. Once finalized completed Pesticide Applicator covered by the 2014 EPA Plan and by and fully implemented, the revised EPA Certification Form. the proposed EPA Plan once it is Plan will supersede all previous The applicator may submit certificates finalized. Tribes that choose to continue versions of the EPA Plan, including the from multiple jurisdictions, if necessary, to be covered by the EPA-administered version published on February 6, 2014. to support a certification pursuant to the Plan for Indian country do not need to Implementation of the EPA Plan once proposed EPA Plan that covers multiple notify EPA. Tribes that are currently finalized may be staggered based on areas of Indian country that are located covered by the 2014 EPA Plan that when each section of the finalized plan within different states within a region. intend to develop either a certification is brought into compliance. If an applicator seeking federal plan or a tribal-EPA agreement can do certification is unable to obtain so at any time and are not bound by the A. Area(s) of Indian Country To Be certification through an adjacent state or March 4, 2020 deadline in order to Covered by the Proposed Plan tribal program, the applicator may remain covered under the 2014 EPA EPA intends to implement this submit documentation of certification Plan. Federal certification plan in ‘‘Indian from another state or tribal program. There are four tribal certification country,’’ as defined at 40 CFR 171.3, EPA will determine whether to waive plans that received approval under 40 where no other EPA-approved plan further demonstration of competency CFR 171.10(a)(2) prior to the 2017 applies, and where tribes have not based on verification that the use Rule—those for the Three Affiliated ‘‘opted-out’’ of coverage under the conditions and pest pressures in the Tribes of the Fort Berthold Indian proposed EPA Plan. ‘‘Indian country’’ is area where the applicator is certified are Reservation, the Cheyenne River Sioux defined at 40 CFR 171.3 as: similar to where the applicator intends Tribe, the Rosebud Sioux Tribe, and the (a) All land within the limits of any to apply. Shoshone-Bannock Tribes of the Fort Indian reservation under the a. Duration of certificate. Federal Hall Reservation. EPA also implemented jurisdiction of the United States certificates for private applicators under a separate federal plan for the Navajo Government, notwithstanding the this option will expire at the expiration Nation prior to the 2017 Rule. In issuance of any patent, and, including date of the underlying certificate, or on addition, EPA is aware of three tribes, rights-of-way running through the the date the certificate is suspended or the Santee Sioux Tribe of Nebraska, the reservation; revoked, whichever is earlier. Prairie Band Potawatomi Nation, and (b) All dependent Indian communities b. Renewal/recertification. Private the White Earth Band of Chippewa within the borders of the United States applicators must complete the Indians, that entered a Memorandum of whether within the original or recertification requirements of the Understanding with a state pursuant to subsequently acquired territory thereof, underlying state or tribe’s certificate and 40 CFR 171.10(a)(1) prior to the 2017 and whether within or without the submit documentation. revisions to 40 CFR part 171. EPA is limits of a state; and 2. Option to complete the EPA aware that among these tribes there are (c) All Indian allotments, the Indian training course. Private applicators some tribes that plan to submit revised titles to which have not been seeking federal certification under this certification plans in accordance with extinguished, including rights-of-way option will need to submit the new regulations at 40 CFR running through the same. documentation of completion of the 171.307(a) or (b). Tribes with an existing The definition of Indian country in 40 EPA training course along with a certification plan that do not submit a CFR 171.3 is identical to the definition completed Pesticide Applicator revised certification plan by March 4, of that term in 18 U.S.C. 1151. Certification Form. While the 2020 will be covered by the 2014 EPA Consistent with the statutory framework of this option is consistent Plan until the proposed EPA Plan is definition of Indian country, as well as with the 2014 EPA Plan, identification

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verification has been enhanced and the competency based on verification that country and in line with the EPA Policy current EPA training course will be the use conditions and pest pressures in for the Administration of Environmental revised to be in compliance with 40 CFR the area where the applicator is certified Programs on Indian Reservations (Ref. part 171. Private applicators will receive are similar to where the applicator 5), Guidance on the Enforcement a general federal certificate; however, a intends to apply. Principles Outlined in the 1984 Indian private applicator with a federal 1. Duration of certification. For Policy (Ref. 6), and Questions and certificate under this option alone is not commercial applicators, a federal Answers on the Tribal Enforcement sufficient to authorize the purchase, use, certificate issued by EPA for commercial Process (Ref. 7). or supervision of the use of the RUP in applicators under this proposed EPA EPA will monitor compliance under the categories of sodium cyanide Plan expires at the expiration date of the this EPA Plan by conducting predator control, sodium fluoroacetate underlying certificate, or on the date the inspections, as appropriate, for misuse predator control, soil fumigation, non- certificate is suspended or revoked, of RUPs, training and supervision of soil fumigation, and aerial pest control. whichever is earlier. noncertified applicators, and required Additional certificates will be needed 2. Renewal/recertification. For recordkeeping at applicators’ places of for those categories. Private applicators recertification, commercial applicators business and at use sites and by seeking to obtain a federal certificate to must complete the recertification investigating incidents, accidents, and apply sodium cyanide and sodium requirements of the underlying federal complaints. EPA will also conduct fluoroacetate in Indian country under agency, state, or tribe’s certificate and inspections of RUP dealers and certified this proposed EPA Plan should refer to submit documentation of the currently applicators in Indian country to ensure Unit V.D. for more information. valid certificate. that RUP dealers are maintaining the a. Duration of certificate. Private required records in accordance with 40 applicator federal certification by EPA D. Proposed Categories for Certification CFR 171.311(f). under this option expires after one year. EPA expects that most, if not all, EPA’s decisions to deny, modify, b. Renewal/recertification. For applicators certified under the proposed suspend, or revoke a certificate, or take recertification, private applicators EPA Plan will already be certified other enforcement action under FIFRA, seeking a federal certificate under this according to the categories and will be made in conformance with the option must satisfactorily complete standards of a jurisdiction adjacent to FIFRA Enforcement Response Policy EPA’s online course during the six the particular areas of Indian country. (Ref. 8). EPA’s enforcement actions are months preceding the expiration of their Where an applicator seeks certification conducted consistent with applicable current certificate. Recertification under the proposed EPA Plan in EPA policies and guidance on through this option expires after one reliance on another jurisdiction’s enforcement-related and tribal-related year. certification that differs from the matters. C. Proposed Procedures and categories in 40 CFR 171.101 and VI. Specific Comments Are Sought on Requirements for Commercial 171.105, the certification will be limited the Proposed EPA Plan to the scope of the underlying Applicator Certification and EPA is seeking comments on the Recertification certification. Where EPA issues original certification to private applicators, the entire proposed EPA Plan and is EPA is keeping the option for categories and standards of 40 CFR particularly interested in comments on commercial applicators to obtain a 171.105 will apply. the following issues: federal certificate by submitting EPA is proposing to keep the predator 1. Predator control categories. In the documentation of a currently valid control categories available: Sodium proposed EPA Plan, there are two certification as a commercial applicator cyanide capsules used with ejector scenarios where a federal certificate will authorized to use federally designated devices and sodium fluoroacetate used be given for sodium cyanide or sodium RUPs through an EPA-approved federal in livestock protection collars. A federal fluoroacetate predator control agency plan, or an EPA-approved state certificate will only include these two categories: (1) If the relevant Indian tribe or tribal certification plan with a predator control categories if: for the area of Indian country at issue contiguous boundary to the relevant • The relevant Indian tribe for the has obtained its own registration for the areas of Indian country. EPA may issue area of Indian country at issue has products and conducts its own federal certificates to persons who are obtained its own registrations for the monitoring and supervision or (2) if a certified as commercial applicators for products within these two categories federal employee has obtained a state the same categories listed in their and conducts its own monitoring and certification for these categories. EPA is underlying certificate, except for the supervision, or seeking comments on whether EPA sodium cyanide and sodium • A federal employee has a valid should continue to provide sodium fluoroacetate predator control categories underlying state certificate for these cyanide and sodium fluoroacetate as (see Unit V.D.). categories. categories for federal certification to The applicator may submit certificates apply in Indian country. from multiple jurisdictions, if necessary, E. Pesticide Dealer Reporting and 2. Identification verification. The to support a certification pursuant to the Recordkeeping Requirements proposed EPA Plan specifies that an proposed EPA Plan that covers multiple EPA proposes that each RUP retail identification ‘‘includes a photograph areas of Indian country that are located dealer in areas of Indian country where and date of birth, such as a driver’s within different states within a the proposed EPA Plan will apply must license, passport, military identification, particular EPA region. If an applicator keep records and submit reports to EPA Department of Motor Vehicle seeking federal certification is unable to as set forth in 40 CFR 171.311(f). identification card, or other verifiable obtain certification through an adjacent identification. Private applicators who state or tribal program, the applicator F. Proposed Arrangements for do not have a verifiable photographic may submit documentation of Enforcement of the EPA Plan identification must attest their identity certification from another state or tribal EPA will, as appropriate, exercise its by providing a signed statement form a program. EPA will determine whether to FIFRA authorities to enforce this EPA chairperson or equivalent elected leader waive further demonstration of Plan in applicable areas of Indian of the relevant tribe affirming the

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private applicator’s age and identity.’’ The opt-out statement should be sessions provided an overview of new EPA is seeking comments on whether submitted prior to June 1, 2020. EPA federal standards for an EPA-approved this is a reasonable means for tribes to plans to establish a process for opting certification plan to apply RUPs and ascertain identity verification, and out of the proposed EPA Plan after this options for certification of applicators in whether there are any barriers for tribes date. EPA’s website will have additional Indian country. The 2020 outreach and where this identification verification information on that process at https:// consultation will perform a similar would not work. www.epa.gov/pesticide-applicator- function, posing specific questions to 3. Private applicator certification. certification-indian-country. the tribes as EPA moves towards Under FIFRA section 11(a)(1), for Should the chairperson or equivalent finalizing the EPA Plan by March 4, Federal certification plans, EPA must elected leader of the relevant tribe opt 2022 and the implementation schedule offer a no-test option for private out of the proposed EPA Plan, the that will be included with the final applicators. For more background, see Agency will not implement the finalized revision of the EPA Plan. EPA engages Unit V.B. of this document. EPA version of this EPA Plan within the with the tribes on a variety of pesticide- proposes that private applicators who tribe’s Indian country, and there will be related initiatives by collaborating with wish to obtain Federal certification no lawful use of RUPs in the affected the Tribal Pesticide Program Council under the no-test provision submit areas of Indian country (except where (TPPC), a tribal technical resource and documentation of attendance and authorized by federal agency certified program and policy development completion of an EPA-approved applicators). The application of RUPs dialogue group, focused on pesticides training. EPA is seeking comments on will remain generally prohibited in issues and concerns. whether there are other methods or these areas of Indian country unless and EPA will finalize the proposed EPA recommendations to assure private until a listed tribe obtains EPA approval Plan in consultation with tribes applicator competency in the absence of of a tribal certification plan under 40 consistent with, among other things, the passing a certification exam. CFR 171.307(a) or (b), or a tribe submits following policies, orders, and to EPA a written statement from the VII. Tribal Governments’ Option To Not guidance: chairperson or equivalent elected leader • Participate in the EPA Plan for Indian ‘‘EPA Policy for the Administration requesting implementation of this EPA Country of Environmental Programs on Indian Plan in their area of Indian country. Reservations,’’ November 8, 1984; In any area of Indian country not Tribes that intend to be covered by • ‘‘Guidance on the Enforcement covered by an EPA-approved the proposed EPA plan do not have to Principles Outlined in the 1984 Indian certification plan, the Agency will submit a written statement to receive Policy,’’ January 17, 2001; finalize and implement the proposed coverage. Additionally, in areas of • Executive Order 13175, EPA Plan under 40 CFR 171.311 for Indian country where this EPA Plan ‘‘Consultation and Coordination with certifying private and commercial applies, tribes may choose to further Indian Tribal Governments,’’ November applicators to use or supervise the use restrict or prohibit the use of RUPs in 6, 2000, which was reaffirmed by of RUPs (see 40 CFR 171.307(c)). their areas of Indian country through the Presidential memorandum, ‘‘Tribal However, tribes may opt out of being implementation of tribal codes, laws, Consultation,’’ November 5, 2009; and covered by the proposed EPA Plan as regulations, or other applicable • ‘‘EPA Policy on Consultation and described under 40 CFR 171.307(c)(2). requirements. This EPA Plan does not Coordination with Indian Tribes,’’ May In order to opt out of coverage under supersede such tribal requirements. 4, 2011. the proposed EPA Plan, a tribe must Applicators of RUPs in Indian country notify EPA of the tribe’s position by must comply with any applicable tribal IX. References submitting a signed written statement restrictions or prohibitions on the use of The following is a listing of the from the chairperson or equivalent RUPs. documents that are specifically elected leader of the relevant tribe. The referenced in this document. The docket VIII. Consultation With Tribal written statement must be addressed to includes these documents and other Governments the Director of the Field and External information considered by EPA, Affairs Division, Jackie Mosby, and Consistent with its statutory including documents that are referenced submitted to EPA by one of the authorities and the Federal within the documents that are included following methods: government’s trust responsibility to in the docket, even if the referenced • Via the docket: A tribe may submit federally-recognized tribes, EPA has document is not physically located in notification via the docket of the tribe’s worked with the tribes on a government- the docket. For assistance in locating position that the EPA Plan should not to-government basis to appropriately these other documents, please consult be implemented in their area of Indian develop a certification program that will the person listed under FOR FURTHER country. help ensure the protection of human INFORMATION CONTACT. • health and the environment in Indian Via mail: A tribe may submit 1. EPA. DRAFT EPA Plan for the Federal notification via mail of the tribe’s country. EPA is planning to hold Certification of Applicators of Restricted position to opt out of coverage under the consultation with the tribes in February Use Pesticides within Indian Country. proposed EPA Plan to: Jackie Mosby, and April 2020 to ensure development January 21, 2020. Director, Field and External Affairs of the final revised EPA Plan effectively 2. EPA. Final EPA Plan for the Federal Division, Office of Pesticide Programs, meets their needs and those of RUP Certification of Applicators of Restricted U.S. Environmental Protection Agency, applicators in Indian country. Use Pesticides Within Indian Country; 1200 Pennsylvania Avenue NW (7506P), EPA has previously consulted with Notice of Implementation. Notice. Washington, DC 20460. the tribes on the 2017 Rule. In April Federal Register (79 FR 7185, February • Via email: A tribe may submit via 2019, EPA conducted three early 6, 2014) (FRL–9904–18). 3. EPA. Certification of Pesticide Applicators; email of the tribe’s position to the engagement sessions on the 2017 Rule Final Rule. Federal Register (82 FR 952, appropriate EPA staff listed in to inform federally-recognized tribes on January 4, 2017) (FRL–9956–70). Appendix A of the ‘‘Tribal Certification the 2017 revisions, discuss 4. EPA. Tribal Certification Plan Outline: Plan Outline’’ document and cc: Emily implementation of the 2017 Rule, and Resource to Support Development of Ryan at [email protected]. how this rule may affect tribes. These Tribal Plans to Certify Applicators of

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Restricted use Pesticide in Indian 7. EPA. Questions and Answers on the Tribal Dated: February 25, 2020. Country. 2020. Enforcement Process. April 17, 2007. Alexandra Dapolito Dunn, 5. EPA. EPA Policy for the Administration of 8. EPA. FIFRA Enforcement Response Policy. Assistant Administrator, Office of Chemical Environmental programs on Indian December 2009. Safety and Pollution Prevention. Reservations. November 8, 1984. 6. EPA. Guidance on the Enforcement Authority: 7 U.S.C. 136–136y. [FR Doc. 2020–04189 Filed 2–28–20; 8:45 am] Principles Outlined in the 1984 Indian BILLING CODE 6560–50–P Policy. January 17, 2001.

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Notices Federal Register Vol. 85, No. 41

Monday, March 2, 2020

This section of the FEDERAL REGISTER APHIS-2019-0083 or in our reading preventative, cultural, mechanical, contains documents other than rules or room, which is located in Room 1141 of biological, and chemical methods. proposed rules that are applicable to the the USDA South Building, 14th Street We are therefore announcing the public. Notices of hearings and investigations, and Independence Avenue SW, availability of a draft programmatic committee meetings, agency decisions and Washington, DC. Normal reading room rulings, delegations of authority, filing of environmental assessment (EA), entitled hours are 8 a.m. to 4:30 p.m., Monday petitions and applications and agency ‘‘Cogongrass Control Program in the through Friday, except holidays. To be statements of organization and functions are Southeastern United States—Alabama, examples of documents appearing in this sure someone is there to help you, section. please call (202) 799–7039 before Georgia, Mississippi and South coming. Carolina’’ (December 2019), that considers the potential environmental DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Ms. effects of an integrated management Anne LeBrun, APHIS, 4700 River Road, strategy—APHIS’ preferred alternative— Animal and Plant Health Inspection Unit 26, Riverdale, MD 20737, Phone: to control the spread of cogongrass. The Service 301–851–2259, Email: anne.lebrun@ EA also considers the alternative of usda.gov. [Docket No. APHIS–2019–0083] having no Federal program and taking SUPPLEMENTARY INFORMATION: no action. APHIS will use this EA for Notice of Availability of an Cogongrass (Imperata cylindrica) is an cogongrass program planning and Environmental Assessment; invasive, exotic perennial grass that is decisionmaking, in addition to Cogongrass Control Efforts in naturalized throughout the southeastern informing the public about the potential Alabama, Georgia, Mississippi, and United States. Cogongrass grows in both environmental effects of actions South Carolina natural and disturbed areas, including considered as part of the integrated around homes, on public properties, management strategy. We are making AGENCY: Animal and Plant Health paved and unpaved roadways, the EA available for review and Inspection Service, USDA. forestland, stream banks, and farmland. comment and will consider all ACTION: Notice of availability and It spreads rapidly, reducing forest comments that we receive on or before request for comments. productivity, harming wildlife habitat the date listed under the heading DATES and native ecosystems, encroaching in SUMMARY: at the beginning of this notice. We are advising the public pasture and hayfields, and impacting that the Animal and Plant Health rights-of-way. It usually grows in warm The EA may be viewed on the Inspection Service is making available a or tropical areas and is widely Regulations.gov website or in our draft programmatic environmental distributed on all continents except reading room (see ADDRESSES above for assessment for control of cogongrass, a Antarctica. a link to Regulations.gov and noxious weed, in Alabama, Georgia, In 7 CFR part 360, a noxious weed is information on the location and hours of Mississippi, and South Carolina. The the reading room). You may request environmental assessment assesses the defined as ‘‘any plant or plant product that can directly or indirectly injure or paper copies of the EA by calling or potential environmental effects of writing to the person listed under FOR establishing an integrated management cause damage to crops (including FURTHER INFORMATION CONTACT. Please strategy to control cogongrass in nursery stock or plant products), refer to the title of the EA when coordination with the above States. We livestock, poultry, or other interests of requesting copies. are making the draft programmatic agriculture, irrigation, navigation, the environmental assessment available to natural resources of the United States, The EA has been prepared in the public for review and comment. the public health, or the environment.’’ accordance with: (1) The National As a federally regulated noxious weed, DATES: We will consider all comments Environmental Policy Act of 1969 Cogongrass is restricted from entry into (NEPA), as amended (42 U.S.C. 4321 et that we receive on or before April 1, the United States. 2020. seq.); (2) regulations of the Council on Due to the impact cogongrass has on Environmental Quality for ADDRESSES: You may submit comments the agriculture and forestry industries, implementing the procedural provisions by either of the following methods: Congress has provided the Animal and of NEPA (40 CFR parts 1500–1508); (3) • Federal eRulemaking Portal: Go to Plant Health Inspection Service (APHIS) USDA regulations implementing NEPA http://www.regulations.gov/#!docket with funding to partner with four (7 CFR part 1b); and (4) APHIS’ NEPA Detail;D=APHIS-2019-0083. States—Alabama, Georgia, Mississippi, • Postal Mail/Commercial Delivery: and South Carolina—to establish a Implementing Procedures (7 CFR part Send your comment to Docket No. program for controlling the spread of 372). APHIS–2019–0083, Regulatory Analysis cogongrass. While it is unlikely that Done in Washington, DC, this 25th day of and Development, PPD, APHIS, Station cogongrass can be eliminated from the February 2020. 3A–03.8, 4700 River Road, Unit 118, southeastern United States, we have Kevin Shea, Riverdale, MD 20737–1238. proposed that active control and Administrator, Animal and Plant Health Supporting documents and any eradication of cogongrass along the edge Inspection Service. comments we receive on this docket of the naturalized distribution area may [FR Doc. 2020–04239 Filed 2–28–20; 8:45 am] may be viewed at http:// be possible through an integrated www.regulations.gov/#!docketDetail;D= management strategy employing BILLING CODE 3410–34–P

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DEPARTMENT OF AGRICULTURE (2) Forest Sustainability Discussion; consider all stakeholder input received (3) Timber Sustainability Working in response to this Notice. Forest Service Group; DATES: Submission of stakeholder input (4) Black Hills Fish Management Plan; to the target questions will be open Black Hills National Forest Advisory and upon publishing of the Notice through Board (5) Trail Rangers and Trail 5 p.m. Eastern time April 03, 2020. AGENCY: Forest Service, USDA. Maintenance Program. The meeting is open to the public. If Comments: Written comments are due ACTION: Notice of meeting. time allows, the public may make oral by 5 p.m. Eastern time April 03, 2020. Written comments must be emailed to SUMMARY: The Black Hills National statements of three minutes or less. [email protected] with the Forest Advisory Board (Board) will meet Individuals wishing to make an oral Subject Title, ‘‘NIFA Service Delivery in Rapid City, South Dakota. The statement should submit a request in Input.’’ Comments received after that committee is established consistent with writing by March 2, 2020, to be and operates in compliance with the scheduled on the agenda. Anyone who date will be considered to the extent Federal Advisory Committee Act. The would like to bring related letters to the practicable. purpose of the committee is to improve attention of the Board may file written FOR FURTHER INFORMATION CONTACT: collaborative relationships and to statements with the Board’s staff before William Hoffman, 202–401–1112 provide advice and recommendations to or after the meeting. Written comments (phone), [email protected]. the Secretary of Agriculture through the and time requests for oral comments Black Hills National Forest Supervisor must be sent to Scott Jacobson, Black SUPPLEMENTARY INFORMATION: As NIFA on a broad range of forest issues. Board Hills National Forest Supervisor’s enters its second decade, the agency information, including the meeting Office, 1019 North Fifth Street, Custer, seeks stakeholder input on how to agenda and the meeting summary/ South Dakota 57730; by email to optimize delivery of services in order to minutes can be found at the following [email protected], or via facsimile to enhance NIFA’s ability to provide website: https://www.fs.usda.gov/main/ 605–673–9208. excellent customer service to external blackhills/workingtogether/advisory Meeting Accommodations: If you are and internal partners. This stakeholder committees. a person requiring reasonable input opportunity informs the accommodation, please make requests effectiveness and efficiency of NIFA by DATES: The meeting will be held on in advance for sign language optimizing service delivery approaches Wednesday, March 11, 2020, at 1:00 to be aligned with current business p.m. interpreting, assistive listening devices, or other reasonable accommodation for practices and technologies in order to All meetings are subject to better meet the agency’s mission of cancellation. For updated status of access to the facility or proceedings by contacting the person listed in the investing in and advancing agricultural meeting prior to attendance, please research, education, and extension to FOR section titled FOR FURTHER INFORMATION contact the person listed under solve societal challenges. FURTHER INFORMATION CONTACT. CONTACT. All reasonable accommodation requests are managed Stakeholders are asked to respond to ADDRESSES: The meeting will be held at on a case by case basis. the following questions: the Forest Service Center, 8221 Mount Rushmore Road, Rapid City, South Dated: February 25, 2020. (1.) How can NIFA improve delivery Dakota 57702. Cikena Reid, of capacity programs in order to best Written comments may be submitted USDA Committee Management Officer. support research and extension? as described under SUPPLEMENTARY [FR Doc. 2020–04160 Filed 2–28–20; 8:45 am] (2.) What changes should NIFA INFORMATION. All comments, including BILLING CODE 3411–15–P consider regarding implementation of names and addresses, when provided, competitive programs? are placed in the record and available (3.) How can NIFA increase for public inspection and copying. The DEPARTMENT OF AGRICULTURE transparency and effectiveness? public may inspect comments received (4.) What steps can NIFA take to at the Black Hills National Forest National Institute of Food and enhance customer experience? Supervisor’s Office. Please call ahead at Agriculture 605–673–9200 to facilitate entry into the NIFA welcomes stakeholder input building. Solicitation of Input From Stakeholders from any group or individual interested in the agency’s delivery of services. FOR FURTHER INFORMATION CONTACT: on Agency Services Scott Jacobson, Committee Coordinator, NIFA is eager to listen to stakeholder’s AGENCY: National Institute of Food and comments on solutions and by phone at 605–440–1409 or by email Agriculture, USDA. at [email protected]. opportunities that will facilitate a more ACTION: Request for written stakeholder efficient and customer focused NIFA in Individuals who use input. telecommunication devices for the deaf the near future and beyond. This input opportunity will focus only on NIFA’s (TDD) may call the Federal Information SUMMARY: The National Institute of Food delivery of services. Relay Service (FIRS) at 1–800–877–8339 and Agriculture (NIFA) is requesting between 8:00 a.m. and 8:00 p.m., written stakeholder input on agency Done at Washington, DC, this 20th day of Eastern Standard Time, Monday services. February 2020. through Friday. The purpose of this Notice is to assist Stephen L. Censky, SUPPLEMENTARY INFORMATION: The NIFA in optimizing delivery of services Deputy Secretary, U.S. Department of purpose of the meeting is to provide: and better serve stakeholders’ and Agriculture. (1) Orientation Topic: FY20 Forest partners’ research, extension, and [FR Doc. 2020–04158 Filed 2–28–20; 8:45 am] Budget; education needs. NIFA plans to BILLING CODE 3410–22–P

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DEPARTMENT OF AGRICULTURE children, youth, and families in at-risk Agency, including whether the environments. information will have practical utility; National Institute of Food and CYFAR funds are intended to support (b) the accuracy of the Agency’s Agriculture the development of high quality, estimate of the burden of the proposed effective programs based on research collection of information; (c) ways to Notice of Intent for Reinstatement, and to document the impact of programs enhance the quality, utility and clarity Without Change, of a Previously on intended audiences. The CYFAR of the information to be collected; and Approved Information Collection for Year Report collects demographic and (d) ways to minimize the burden of the Which Approval Has Expired impact data from each community site collection of information on those who to conduct impact evaluations of the AGENCY: National Institute of Food and are to respond, including through the programs on its intended audience. Agriculture, USDA use of appropriate automated, The collection of information serves electronic, mechanical, or other ACTION: Notice and request for several purposes. It allows NIFA staff to technological collection techniques or comments. gauge if the program is reaching the other forms of information technology. target audience and make programmatic SUMMARY: In accordance with the Office All responses to this notice will be improvements. This collection also summarized and included in the request of Management and Budget (OMB) allows program staff to demonstrate the regulations that implement the to OMB for approval. All comments will impacts and capacity that is developed become a matter of public record. Paperwork Reduction Act of 1995, this in the locales where federal assistance is notice announces the National Institute provided. Done in Washington, DC, this 20th day of of Food and Agriculture’s (NIFA) The evaluation processes of CYFAR February 2020. intention to request approval for the are consistent with the requirements of Stephen L. Censky, reinstatement, without change, of a Congressional legislation and OMB. The Deputy Secretary, U.S. Department of previously approved information Government Performance and Results Agriculture. collection for which approval has Act (GPRA) of 1993 (Pub. L. 103–62), [FR Doc. 2020–04156 Filed 2–28–20; 8:45 am] expired for Children, Youth, and the Federal Activities Inventory Reform BILLING CODE 3410–22–P Families at Risk (CYFAR). Act (FAIR) (Pub. L. 105–207), and the DATES: Written comments on this notice Agricultural, Research, Extension and must be received by May 1, 2020 to be Education Reform Act (AREERA) of COMMISSION ON CIVIL RIGHTS assured of consideration. Comments 1998 (Pub. L. 105–185), together with received after that date will be OMB requirements, support the Notice of Public Meeting of the Idaho considered to the extent practicable. reporting requirements requested in this Advisory Committee ADDRESSES: Written comments information collection. One of the five AGENCY: U.S. Commission on Civil concerning this notice and requests for Presidential Management Agenda Rights. evaluation to be conducted is to copies of the information collection may ACTION: Announcement of meeting. be submitted by any of the following determine whether federally funded methods: Email: robert.martin3@ agricultural research, extension, and SUMMARY: Notice is hereby given, usda.gov; Mail: Office of Information education programs result in public pursuant to the provisions of the rules Technology (OIT), NIFA, USDA, STOP goods that have national or multi-state and regulations of the U.S. Commission 2216, 1400 Independence Avenue SW, significance. on Civil Rights (Commission) and the Washington, DC 20250–2216. The immediate need of this Federal Advisory Committee Act FOR FURTHER INFORMATION CONTACT: information collection is to provide a (FACA) that a meeting of the Idaho Robert Martin, eGovernment Program means for satisfying accountability Advisory Committee (Committee) to the Leader; Phone: 202–445–5388; Email: requirements. The long term objective is Commission will be held at 1:00 p.m. [email protected]. to provide a means to enable the (Mountain Time) on March 20, 2020. evaluation and assessment of the SUPPLEMENTARY INFORMATION: The purpose of the meeting is to discuss effectiveness of programs receiving the Committee’s project on Native Title: Children, Youth, and Families federal funds and to fully satisfy at Risk (CYFAR) Year End Report. American Voting Rights and planning requirements of performance and upcoming community forums. OMB Number: 0524–0043. accountability legislation in GPRA, the Expiration Date of Approval: July 31, DATES: The meeting will be held on FAIR Act, and AREERA. Friday, March 20, 2020, at 1:00 p.m. 2019. Estimate of Burden: There are Mountain Time. Type of Request: Intent to seek currently CYFAR projects in 40 states. Public Call Information: reinstatement, without change, of a Each state and territory is required to previously approved information Public Call Information: 800–353– submit an annual year-end report which 6461; Conference ID: 1770941 collection for which approval has includes demographic and impact data expired, for three years. on each of the community projects. FOR FURTHER INFORMATION CONTACT: Abstract: Funding for the Children, NIFA estimates the burden of this Brooke Peery (DFO) at [email protected] Youth, and Families at Risk (CYFAR) collection to be 322 hours per response. or (213) 894–3437. community project grants is authorized There are currently 51 respondents, thus SUPPLEMENTARY INFORMATION: This under section 3(d) of the Smith-Lever making the total annual burden of this meeting is available to the public Act (7 U.S.C. 341 et seq.), as amended, collection an estimated 12,880 hours. through the telephone number listed and other relevant authorizing Respondents: Individuals, above. Callers can expect to incur legislation, which are jurisdictional households, business or other for-profit charges for calls they initiate over basis for the establishment and or not-for-profit institutions. wireless lines, and the Commission will operation of Extension educational work Comments: Comments are invited on: not refund any incurred charges. Callers for benefit of youth and families in (a) Whether the proposed collection of will incur no charge for calls they communities. CYFAR funding program information is necessary for the proper initiate over land-line connections to supports community-programs serving performance of the functions of the the toll-free telephone number. Persons

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with hearing impairments may also on Civil Rights (Commission), and the public viewing, as they become follow the proceedings by first calling Federal Advisory Committee Act available at: https://gsageo.force.com/ the Federal Relay Service at 1–800–877– (FACA), that a planning meeting of the FACA/FACAPublicViewCommittee 8339 and providing the Service with the New Jersey Advisory Committee to the Details?id=a10t0000001gzjVAAQ click conference call number and conference Commission will convene by conference the ‘‘Meeting Details’’ and ‘‘Documents’’ ID number. call, on Friday, March 20, 2020 at 1:00 links. Records generated from this Members of the public are entitled to p.m. (ET). The purpose of the meeting meeting may also be inspected and make comments during the open period is receive updates from the Forfeiture reproduced at the Eastern Regional at the end of the meeting. Members of and Licensing Workgroups about Office, as they become available, both the public may also submit written suggestions for planning the before and after the meetings. Persons comments; the comments must be Committee’s briefing to examine its civil interested in the work of this advisory received in the Regional Programs Unit rights project on the collateral committee are advised to go to the within 30 days following the meeting. consequences that a criminal record has Commission’s website, www.usccr.gov, Written comments may be mailed to the on asset forfeitures and occupational or to contact the Eastern Regional Office Western Regional Office, U.S. licensing. at the above phone number, email or Commission on Civil Rights, 300 North DATES: Friday, March 20, 2020, at 1:00 street address. Los Angeles Street, Suite 2010, Los p.m. (ET). Agenda Angeles, CA 90012. They may be faxed Public Call-In Information: to the Commission at (213) 894–0508, or Conference call number: 1–800–667– Friday, March 20, 2020 at 1:00 p.m. (ET) emailed Angelica Trevino atrevino@ 5617 and conference call ID number: I. Roll Call usccr.gov. Persons who desire 7386659. II. Welcome additional information may contact the FOR FURTHER INFORMATION CONTACT: Ivy III. Project Planning Regional Programs Unit at (213) 894– L. Davis, at [email protected] or by phone IV. Other Business 3437. at 202–376–7533. V. Next Meeting Records and documents discussed VI. Public Comments during the meeting will be available for SUPPLEMENTARY INFORMATION: Interested VII. Adjourn public viewing prior to and after the members of the public may listen to the discussion by calling the following toll- Dated: February 25, 2020. meeting at https:// David Mussatt, www.facadatabase.gov/FACA/ free conference call number: 1–800– Supervisory Chief, Regional Programs Unit. FACAPublicViewCommittee 667–5617 and conference call ID Details?id=a10t0000001gzkZAAQ. number: 7386659. Please be advised that [FR Doc. 2020–04171 Filed 2–28–20; 8:45 am] Please click on the ‘‘Committee before placing them into the conference BILLING CODE P Details’’ tab. Records generated from call, the conference call operator may this meeting may also be inspected and ask callers to provide their names, their reproduced at the Regional Programs organizational affiliations (if any), and DEPARTMENT OF COMMERCE Unit, as they become available, both email addresses (so that callers may be before and after the meeting. Persons notified of future meetings). Callers can International Trade Administration interested in the work of this Committee expect to incur charges for calls they initiate over wireless lines, and the Initiation of Five-Year (Sunset) are directed to the Commission’s Reviews website, http://www.usccr.gov, or may Commission will not refund any contact the Regional Programs Unit at incurred charges. Callers will incur no AGENCY: Enforcement and Compliance, the above email or street address. charge for calls they initiate over land- International Trade Administration, line connections to the toll-free Department of Commerce. Agenda telephone number herein. SUMMARY: In accordance with the Tariff I. Welcome and Roll Call Persons with hearing impairments may also follow the discussion by first Act of 1930, as amended (the Act), the II. Review of Project Process and Department of Commerce (Commerce) is Timeline calling the Federal Relay Service at 1– 800–877–8339 and providing the automatically initiating the five-year III. Discussion: Community Forum on reviews (Sunset Reviews) of the Native Americans Voting Rights operator with the toll-free conference call number: 1–800–667–5617and antidumping and countervailing duty IV. Public Comments (AD/CVD) order(s) listed below. The V. Adjournment conference call ID number: 7386659. Members of the public are invited to International Trade Commission (the Dated: February 25, 2020. make statements during the Public ITC) is publishing concurrently with David Mussatt, Comment section of the meeting or to this notice its notice of Institution of Supervisory Chief, Regional Programs Unit. submit written comments. The Five-Year Reviews which covers the [FR Doc. 2020–04170 Filed 2–28–20; 8:45 am] comments must be received in the same order(s). BILLING CODE 6335–01–P regional office approximately 30 days DATES: Applicable (March 1, 2020). after each scheduled meeting. Written FOR FURTHER INFORMATION CONTACT: comments may be mailed to the Eastern Commerce official identified in the COMMISSION ON CIVIL RIGHTS Regional Office, U.S. Commission on Initiation of Review section below at Civil Rights, 1331 Pennsylvania AD/CVD Operations, Enforcement and Agenda and Notice of Public Meeting Avenue, Suite 1150, Washington, DC Compliance, International Trade of the New Jersey Advisory Committee 20425, or emailed to Evelyn Bohor at Administration, U.S. Department of AGENCY: Commission on Civil Rights. [email protected]. Persons who desire Commerce, 1401 Constitution Avenue ACTION: Announcement of meeting. additional information may contact the NW, Washington, DC 20230. For Eastern Regional Office at (202) 376– information from the ITC, contact Mary SUMMARY: Notice is hereby given, 7533. Messer, Office of Investigations, U.S. pursuant to the provisions of the rules Records and documents discussed International Trade Commission at (202) and regulations of the U.S. Commission during the meeting will be available for 205–3193.

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SUPPLEMENTARY INFORMATION: 62061 (October 28, 2005). Guidance on Modification, 77 FR 8101 (February 14, methodological or analytical issues 2012). Background relevant to Commerce’s conduct of Initiation of Review Commerce’s procedures for the Sunset Reviews is set forth in conduct of Sunset Reviews are set forth Antidumping Proceedings: Calculation In accordance with section 751(c) of in its Procedures for Conducting Five- of the Weighted-Average Dumping the Act and 19 CFR 351.218(c), we are Year (Sunset) Reviews of Antidumping Margin and Assessment Rate in Certain initiating the Sunset Reviews of the and Countervailing Duty Orders, 63 FR Antidumping Duty Proceedings; Final following antidumping and 13516 (March 20, 1998) and 70 FR countervailing duty order(s):

DOC Case No. ITC Case No. Country Product Commerce contact

A–351–837 ..... 731–TA–1024 Brazil ...... Prestressed Concrete Steel Wire Strand (3rd Mary Kolberg, (202) 482–1785. Review). A–570–887 ..... 731–TA–1046 China ...... Tetrehydrofurfuryl Alcohol (3rd Review) ...... Mary Kolberg, (202) 482–1785. A–533–848 ..... 731–TA–1155 India ...... Commodity Matchbooks (2nd Review) ...... Mary Kolberg, (202) 482–1785. C–533–849 ..... 701–TA–459 .. India ...... Commodity Matchbooks (2nd Review) ...... Jacqueline Arrowsmith, (202) 482– 5255. A–533–828 ..... 731–TA–1025 India ...... Prestressed Concrete Steel Wire Strand (3rd Mary Kolberg, (202) 482–1785. Review). C–533–829 ..... 701–TA–432 .. India ...... Prestressed Concrete Steel Wire Strand (3rd Mary Kolberg, (202) 482–1785. Review). A–588–068 ..... AA1921–188 .. Japan ...... Prestressed Concrete Steel Wire Strand (5th Mary Kolberg, (202) 482–1785. Review). A–201–831 ..... 731–TA–1027 Mexico ...... Prestressed Concrete Steel Wire Strand (3rd Mary Kolberg, (202) 482–1785. Review). A–580–852 ..... 731–TA–1026 Republic of Korea ..... Prestressed Concrete Steel Wire Strand (3rd Mary Kolberg, (202) 482–1785. Review). A–549–820 ..... 731–TA–1028 Thailand ...... Prestressed Concrete Steel Wire Strand (3rd Mary Kolberg, (202) 482–1785. Review).

Filing Information Commerce intends to reject factual Letters of Appearance and submissions if the submitting party does Administrative Protective Orders As a courtesy, we are making not comply with applicable revised information related to sunset Pursuant to 19 CFR 351.103(d), certification requirements. proceedings, including copies of the Commerce will maintain and make pertinent statute and Commerces’s On April 10, 2013, Commerce available a public service list for these regulations, Commerce’s schedule for modified two regulations related to AD/ proceedings. Parties wishing to Sunset Reviews, a listing of past CVD proceedings: the definition of participate in any of these five-year revocations and continuations, and factual information (19 CFR reviews must file letters of appearance current service lists, available to the 351.102(b)(21)), and the time limits for as discussed at 19 CFR 351.103(d)). To public on Commerce’s website at the the submission of factual information facilitate the timely preparation of the following address: https://enforcement. (19 CFR 351.301).4 Parties are advised to public service list, it is requested that trade.gov/sunset/. All submissions in review the final rule, available at those seeking recognition as interested parties to a proceeding submit an entry these Sunset Reviews must be filed in https://enforcement.trade.gov/frn/2013/ of appearance within 10 days of the accordance with Commerce’s 1304frn/2013-08227.txt, prior to publication of the Notice of Initiation. regulations regarding format, submitting factual information in these translation, and service of documents. Because deadlines in Sunset Reviews segments. To the extent that other can be very short, we urge interested These rules, including electronic filing regulations govern the submission of requirements via Enforcement and parties who want access to proprietary factual information in a segment (such information under administrative Compliance’s Antidumping and as 19 CFR 351.218), these time limits Countervailing Duty Centralized protective order (APO) to file an APO will continue to be applied. Parties are Electronic Service System (ACCESS), application immediately following also advised to review the final rule can be found at 19 CFR 351.303.1 publication in the Federal Register of concerning the extension of time limits this notice of initiation. Commerce’s Any party submitting factual for submissions in AD/CVD regulations on submission of proprietary information in an AD/CVD proceeding proceedings, available at https:// information and eligibility to receive must certify to the accuracy and enforcement.trade.gov/frn/2013/ access to business proprietary completeness of that information.2 1309frn/2013-22853.txt, prior to information under APO can be found at Parties must use the certification 3 submitting factual information in these 19 CFR 351.304–306. formats provided in 19 CFR 351.303(g). 5 segments. Information Required From Interested 1 See also Antidumping and Countervailing Duty Parties Proceedings: Electronic Filing Procedures; Domestic interested parties, as Administrative Protective Order Procedures, 76 FR http://enforcement.trade.gov/tlei/notices/factual_ 39263 (July 6, 2011). info_final_rule_FAQ_07172013.pdf. defined in section 771(9)(C), (D), (E), (F), 2 See section 782(b) of the Act. 4 See Definition of Factual Information and Time and (G) of the Act and 19 CFR 3 See also Certification of Factual Information to 351.102(b), wishing to participate in a Import Administration During Antidumping and Limits for Submission of Factual Information: Final Countervailing Duty Proceedings, 78 FR 42678 (July Rule, 78 FR 21246 (April 10, 2013). Sunset Review must respond not later 17, 2013) (Final Rule). Answers to frequently asked 5 See Extension of Time Limits, 78 FR 57790 than 15 days after the date of questions regarding the Final Rule are available at (September 20, 2013). publication in the Federal Register of

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this notice of initiation by filing a notice Commerce’s conduct of Sunset Reviews. SUPPLEMENTARY INFORMATION: of intent to participate. The required Consult Commerce’s regulations at 19 contents of the notice of intent to CFR part 351 for definitions of terms Background participate are set forth at 19 CFR and for other general information Every five years, pursuant to the Tariff 351.218(d)(1)(ii). In accordance with concerning antidumping and Act of 1930, as amended (the Act), the Commerce’s regulations, if we do not countervailing duty proceedings at Department of Commerce (Commerce) receive a notice of intent to participate Commerce. and the International Trade Commission from at least one domestic interested This notice of initiation is being automatically initiate and conduct party by the 15-day deadline, Commerce published in accordance with section reviews to determine whether will automatically revoke the order 751(c) of the Act and 19 CFR 351.218(c). 6 revocation of a countervailing or without further review. Dated: February 20, 2020. If we receive an order-specific notice antidumping duty order or termination of intent to participate from a domestic James Maeder, of an investigation suspended under interested party, Commerce’s Deputy Assistant Secretary for Antidumping section 704 or 734 of the Act would be regulations provide that all parties and Countervailing Duty Operations. likely to lead to continuation or wishing to participate in a Sunset [FR Doc. 2020–04216 Filed 2–28–20; 8:45 am] recurrence of dumping or a Review must file complete substantive BILLING CODE 3510–DS–P countervailable subsidy (as the case may responses not later than 30 days after be) and of material injury. the date of publication in the Federal Register of this notice of initiation. The DEPARTMENT OF COMMERCE Upcoming Sunset Reviews for April required contents of a substantive 2020 International Trade Administration response, on an order-specific basis, are Pursuant to section 751(c) of the Act, set forth at 19 CFR 351.218(d)(3). Note Antidumping or Countervailing Duty the following Sunset Reviews are that certain information requirements Order, Finding, or Suspended scheduled for initiation in April 2020 differ for respondent and domestic Investigation; Advance Notification of and will appear in that month’s Notice parties. Also, note that Commerce’s Sunset Review information requirements are distinct of Initiation of Five-Year Sunset Reviews from the ITC ’s information AGENCY: Enforcement and Compliance, (Sunset Review). requirements. Consult Commerce’s International Trade Administration, regulations for information regarding Department of Commerce.

Department contact

Antidumping Duty Proceedings Oil Country Tubular Goods from China (A–570–943) (2nd Review) ...... Jacqueline Arrowsmith, (202) 482– 5255. Polyvinyl Alcohol from China (A–570–879) (3rd Review) ...... Mary Kolberg, (202) 482–1785. Polyvinyl Alcohol from Japan (A–588–861) (3rd Review) ...... Mary Kolberg, (202) 482–1785. Countervailing Duty Proceedings Oil Country Tubular Goods from China (C–570–944) (2nd Review) ...... Mary Kolberg, (202) 482–1785.

Suspended Investigations 15 days of the date of initiation, the DEPARTMENT OF COMMERCE review will continue. No Sunset Review of suspended International Trade Administration investigations is scheduled for initiation Thereafter, any interested party in April 2020. wishing to participate in the Sunset [C–351–846] Commerce’s procedures for the Review must provide substantive conduct of Sunset Review are set forth comments in response to the notice of Hot-Rolled Steel Flat Products From in 19 CFR 351.218. The Notice of initiation no later than 30 days after the Brazil: Rescission of 2018 Initiation of Five-Year (Sunset) Review date of initiation. Countervailing Duty Administrative Review provides further information regarding This notice is not required by statute what is required of all parties to but is published as a service to the AGENCY: Enforcement and Compliance, participate in Sunset Review. international trading community. International Trade Administration, Pursuant to 19 CFR 351.103(c), Department of Commerce. Commerce will maintain and make Dated: February 20, 2020. SUMMARY: The Department of Commerce available a service list for these James Maeder, (Commerce) is rescinding the proceedings. To facilitate the timely Deputy Assistant Secretary for Antidumping preparation of the service list(s), it is administrative review of the and Countervailing Duty Operations. countervailing duty (CVD) order on hot- requested that those seeking recognition [FR Doc. 2020–04222 Filed 2–28–20; 8:45 am] as interested parties to a proceeding rolled steel flat products from Brazil for BILLING CODE 3510–DS–P contact Commerce in writing within 10 the period of review (POR) January 1, days of the publication of the Notice of 2018, through December 31, 2018. Initiation. DATES: Applicable March 2, 2020. Please note that if Commerce receives FOR FURTHER INFORMATION CONTACT: Ajay a Notice of Intent to Participate from a Menon or Adam Simons, AD/CVD member of the domestic industry within Operations, Office II, Enforcement and

6 See 19 CFR 351.218(d)(1)(iii).

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Compliance, International Trade Assessment investigation (POI) January 1, 2018 Administration, U.S. Department of Commerce will instruct U.S. Customs through December 31, 2018. Interested Commerce, 1401 Constitution Avenue and Border Protection (CBP) to assess parties are invited to comment on this NW, Washington, DC 20230; telephone: countervailing duties on all appropriate preliminary determination. (202) 482–1993 or (202) 482–6172, entries. Because Commerce is DATES: Applicable March 2, 2020. respectively. rescinding this administrative review in FOR FURTHER INFORMATION CONTACT: its entirety, the entries to which this SUPPLEMENTARY INFORMATION: Maliha Khan or Stephen Bailey, AD/ administrative review pertained shall be CVD Operations, Office IV, Enforcement Background assessed at rates equal to the cash and Compliance, International Trade deposit of estimated countervailing Administration, U.S. Department of On October 1, 2019, Commerce duties required at the time of entry, or published in the Federal Register a Commerce, 1401 Constitution Avenue withdrawal from warehouse, for NW, Washington, DC 20230; telephone: notice of opportunity to request an consumption, in accordance with 19 administrative review of the CVD order (202) 482–0895 or (202) 482–0193, CFR 351.212(c)(1)(i). Commerce intends respectively. on hot-rolled steel flat products from to issue appropriate assessment Brazil for the POR.1 On October 31, instructions directly to CBP 15 days SUPPLEMENTARY INFORMATION: 2019, Commerce received a timely after the date of publication of this Background request from United States Steel notice in the Federal Register. Corporation, Steel Dynamics, Inc., and This preliminary determination is SSAB Enterprises, LLC (collectively, Notification Regarding Administrative made in accordance with section 703(b) domestic interested parties), in Protective Orders of the Tariff Act of 1930, as amended accordance with section 751(a) of the This notice serves as the only (the Act). Commerce published the Tariff Act of 1930, as amended (the Act), reminder to parties subject to notice of initiation of this investigation and 19 CFR 351.213(b), to conduct an administrative protective order (APO) of on October 21, 2019.1 On December 4, administrative review of this CVD order their responsibility concerning the 2019, pursuant to a request from the for 10 companies.2 return or destruction of proprietary American Glass Packaging Coalition (the 2 On December 11, 2019, Commerce information disclosed under APO in petitioner), Commerce published the published in the Federal Register a accordance with 19 CFR 351.305(a)(3). postponement of the preliminary notice of initiation with respect to these Timely written notification of the determination of this investigation to 3 companies.3 On February 10, 2020, the return/destruction of APO materials or February 24, 2020. For a complete domestic interested parties timely conversion to judicial protective order is description of the events that followed withdrew their request for an hereby requested. Failure to comply the initiation of this investigation, see administrative review for all 10 with the regulations and terms of an the Preliminary Decision 4 companies.4 APO is a sanctionable violation. Memorandum. A list of topics discussed in the Preliminary Decision Notification to Interested Parties Rescission of Review Memorandum is included as Appendix This notice is issued and published in II to this notice. The Preliminary Pursuant to 19 CFR 351.213(d)(1), accordance with sections 751(a)(1) and Decision Memorandum is a public Commerce will rescind an 777(i)(1) of the Act and 19 CFR document and is on file electronically administrative review, in whole or in 351.213(d)(4). via Enforcement and Compliance’s part, if the parties that requested a Dated: February 26, 2020. Antidumping and Countervailing Duty review withdraw the request within 90 Centralized Electronic Service System days of the date of publication of notice James Maeder, Deputy Assistant Secretary for Antidumping (ACCESS). ACCESS is available to of initiation of the requested review. As registered users at http:// noted above, the domestic interested and Countervailing Duty Operations. [FR Doc. 2020–04227 Filed 2–28–20; 8:45 am] access.trade.gov, and is available to all parties withdrew their request for parties in the Central Records Unit, BILLING CODE 3510–DS–P review by the 90-day deadline, and no Room B8024 of the main Commerce other party requested an administrative building. In addition, a complete review of this order. Therefore, we are DEPARTMENT OF COMMERCE version of the Preliminary Decision rescinding the administrative review of Memorandum can be accessed directly the CVD order on hot-rolled steel flat International Trade Administration at http://enforcement.trade.gov/frn/. products from Brazil covering the The signed and electronic versions of period January 1, 2018, through [C–570–115] December 31, 2018, in its entirety. Certain Glass Containers From the 1 See Certain Glass Containers From the People’s People’s Republic of China: Republic of China: Initiation of Countervailing Duty 1 See Antidumping or Countervailing Duty Order, Investigation, 84 FR 56168 (October 21, 2019) Finding, or Suspended Investigation; Opportunity Preliminary Affirmative Countervailing (Initiation Notice). to Request Administrative Review, 84 FR 52068 Duty Determination 2 See Petitioner’s Letter, ‘‘Certain Glass (October 1, 2019). Containers from the People’s Republic of China: 2 See Domestic Interested Parties’ Letter, ‘‘Hot- AGENCY: Enforcement and Compliance, Request to Postpone Preliminary Determination,’’ Rolled Steel Flat Products from Brazil: Request for International Trade Administration, dated November 19, 2019. Administrative Review of Countervailing Duty Department of Commerce. 3 See Certain Glass Containers From the People’s Order,’’ dated October 31, 2019. Republic of China: Postponement of Preliminary 3 See Initiation of Antidumping and SUMMARY: The Department of Commerce Determination in the Countervailing Duty Countervailing Duty Administrative Reviews, 84 FR (Commerce) preliminarily determines Investigation, 84 FR 66377 (December 4, 2019). 67712 (December 11, 2019). that countervailable subsidies are being 4 See Memorandum, ‘‘Decision Memorandum for 4 See Domestic Interested Parties’ Letter, ‘‘Hot- provided to producers and exporters of the Preliminary Determination of the Rolled Steel Flat Products from Brazil: Withdraw of Countervailing Duty Investigation of Certain Glass Request for Administrative Review of certain glass containers (glass Containers from the People’s Republic of China,’’ Countervailing Duty Order,’’ dated February 10, containers) from the People’s Republic dated concurrently with, and hereby adopted by, 2020. of China (China) for the period of this notice (Preliminary Decision Memorandum).

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the Preliminary Decision Memorandum programs found countervailable, the preliminary determination, are identical in content. Commerce preliminarily determines Commerce shall determine an estimated that there is a subsidy, i.e., a financial all-others rate for companies not Scope of the Investigation contribution by an ‘‘authority’’ that individually examined. This rate shall The products covered by this gives rise to a benefit to the recipient, be an amount equal to the weighted investigation are glass containers from and that the subsidy is specific.8 average of the estimated subsidy rates China. For a complete description of the Commerce notes that, in making these established for those companies scope of this investigation, see findings, it relied, in part, on the facts individually examined, excluding any Appendix I. available, including on adverse facts zero and de minimis rates and any rates available. Further, at the outset of this based entirely under section 776 of the Scope Comments investigation, several companies failed Act. In accordance with the preamble to to respond to Commerce’s quantity and Commerce calculated individual Commerce’s regulations,5 the Initiation value questionnaire (Q&V) estimated countervailable subsidy rates Notice set aside a period of time for questionnaire.9 Therefore, because for Guangdong Huaxing Glass Co. Ltd. parties to raise issues regarding product Commerce finds that certain (Guangdong Huaxing) and Qixia coverage (i.e., scope).6 Certain interested respondents did not act to the best of Changyu Glass Co. Ltd. (Qixia Changyu) parties commented on the scope of the their ability to respond to Commerce’s that are not zero, de minimis, or based investigation as it appeared in the requests for information, it drew an entirely on section 776 of the Act. Initiation Notice.7 Commerce intends to adverse inference where appropriate in Therefore, Commerce calculated the all- issue its preliminary decision regarding selecting from among the facts others rate using a simple average of the comments concerning the scope of the otherwise available.10 For a full individual estimated subsidy rates antidumping duty (AD) and description of the methodology calculated for Guangdong Huaxing and countervailing duty (CVD) underlying our preliminary Qixia Changyu using each company’s investigations in the preliminary determination, see ‘‘Use of Facts values for the merchandise under determination of the companion AD Otherwise Available and Adverse consideration because publicly ranged investigation. Inferences’’ in the Preliminary Decision sales data was unavailable.11 Memorandum. Methodology Preliminary Determination Commerce is conducting this All-Others Rate Commerce preliminarily determines investigation in accordance with section Sections 703(d)(1)(A)(i) and that the following estimated 701 of the Act. For each of the subsidy 705(c)(5)(A) of the Act provide that in countervailable subsidy rates exist:

Company Subsidy rate

Guangdong Huaxing Glass Co., Ltd 12 ...... 23.25 Qixia Changyu Glass Co., Ltd ...... 22.60 Asia Trade Connection ...... 315.73 Built in China ...... 315.73 Cangzhou Roter Faden Glass Products ...... 315.73 Choicest International ...... 315.73 East Asia Glass Limited ...... 315.73

5 See Antidumping Duties; Countervailing Duties, Glass Products Co. Ltd., Huazhong Glass Co. Ltd. the examined respondents; (B) a simple average of Final Rule, 62 FR 27296, 27323 (May 19, 1997). (Changxing), Iboya Glass, Jiangmen Zhong’an the estimated subsidy rates calculated for the 6 See Initiation Notice. Import and Export, Jining Baolin Glass Product Co. examined respondents; and (C) a weighted-average 7 See Shandong Pharmaceutical Glass Co., Ltd.’s Ltd., Kisco Trading Shanghai, Lianyungang of the estimated subsidy rates calculated for the Letter, ‘‘Certain Glass Containers from the People’s Chinamex Trade, Linlang (Shanghai) Glass Products examined respondents using each company’s Republic of China: Shandong Pharmaceutical Glass Co. Ltd., New Westgate Glass Packaging, Ningbo publicly-ranged U.S. sale quantities for the Co., Ltd.—Comments on Scope,’’ dated November Vifa International Trade Co., Qingdao Auro Pack, merchandise under consideration. Commerce then 12, 2019, IKEA Supply AG’s Letter, ‘‘Antidumping Qingdao Jutai International Trade Co., Rockwood & compares (B) and (C) to (A) and selects the rate and Countervailing Duty Investigations on Certain Hines (Jiaxing) Co. Ltd., SGS Bottle, Shandong closest to (A) as the most appropriate rate for all Glass Containers from the People’s Republic of Hongda Glassware Co. Ltd., Shandong Mounttai other producers and exporters. See, e.g., Ball China—Scope Comments,’’ dated November 12, Sheng Li Yuan GLA, Shandong Qingguo Foods, Bearings and Parts Thereof from France, Germany, 2019, Target General Merchandise, Inc.’s Letter, Shandong Wensheng Glass Technology Co. Ltd., Italy, Japan, and the United Kingdom: Final Results ‘‘Certain Glass Containers from the People’s ShangHai Misa Glass Co. Ltd., Shanghai Vista of Antidumping Duty Administrative Reviews, Final Republic of China: Scope Comments,’’ dated Packaging, Suzhou Yunbo Glass, Unipack Glass, Results of Changed-Circumstances Review, and November 12, 2019, Zibo Glass Container Exporter Value Chain Glass Ltd. (VCG), Wheaton Glass, Revocation of an Order in Part, 75 FR 53661, 53663 Coalition’s Letter, ‘‘Certain Glass Containers from Wuhan Vanjoin Packaging Co. Ltd., Xiamen Cheer (September 1, 2010). As complete publicly ranged the People’s Republic of China: Submission of Imp & Exp Co. Ltd., Xuzhou Dahua Glass Products sales data was available, Commerce based the all- Scope Comments,’’ dated November 8, 2019, and Co. Ltd., Xuzhou Fangbao Glassware, Xuzhou others rate on the publicly ranged sales data of the Midwest Custom Bottling LLC’s Letter, ‘‘Certain Huajing Glass Products, Xuzhou Livlong Glass mandatory respondents. For a complete analysis of Glass Containers from the People’s Republic of Products Co. Ltd., Xuzhou Pretty Glass Products, the data, please see the All-Others’ Rate Calculation China: Scope Comments,’’ dated November 12, Xuzhou Wan Xuan Import and Export, Xuzhou Memorandum. 2019. Yanjia Glassware, Yantai NBC Glass Packaging Co. 12 Guangdong Huaxing reported the following 8 See sections 771(5)(B) and (D) of the Act Ltd., Yuncheng Jinpeng Glass Co. Ltd., Zheijiang cross-owned companies which also preliminarily regarding financial contribution; section 771(5)(E) Industrial Minerals Foreign Trade Co Ltd., Zibo CY will receive Guangdong Huaxing’s subsidy rate: of the Act regarding benefit; and section 771(5A) of International Trade Co. Ltd., Zibo Regal Glassware Foshan Huaxing Glass Co. Ltd., Fujian Huaxing the Act regarding specificity. and Zibo Rongdian Glass Co. Ltd. (collectively, the Glass Co. Ltd., Daye Huaxing Glass Co. Ltd., Hunan 9 The companies that failed to properly respond 47 non-responsive companies). We refer to these Huaxing Glass Co. Ltd., Guizhou Huaxing Glass Co. to Commerce’s quantity and value questionnaire companies, collectively, as the ‘‘non-responsive Ltd., Zhejiang Huaxing Glass Co. Ltd., Foshan City were: Asia Trade Connection, Built in China, companies.’’ San Shui Hua Xing Glass Co. Ltd., Fujian Cangzhou Roter Faden Glass Products, Choicest 10 See sections 776(a) and (b) of the Act. Changcheng Huaxing Glass Co. Ltd., Jiangsu International, East Asia Glass Limited, Guangzhou 11 With two respondents under examination, Huaxing Glass Co. Ltd., Hebei Huaxing Glass Co. Idealpak Business, Haimen Sanlong Glass Products, Commerce normally calculates (A) a weighted- Ltd., Henan Huaxing Glass Co Ltd., and Xinjiang Hebei Anyu Glass Products Co. Ltd., Hebei Zhengi average of the estimated subsidy rates calculated for Huaxing Glass Co. Ltd.

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Company Subsidy rate

Guangzhou Idealpak Business ...... 315.73 Haimen Sanlong Glass Products ...... 315.73 Hebei Anyu Glass Products Co. Ltd ...... 315.73 Hebei Zhengi Glass Products Co. Ltd ...... 315.73 Huazhong Glass Co. Ltd. (Changxing) ...... 315.73 Iboya Glass ...... 315.73 Jiangmen Zhong’an Import and Export ...... 315.73 Jining Baolin Glass Product Co. Ltd ...... 315.73 Kisco Trading Shanghai ...... 315.73 Lianyungang Chinamex Trade ...... 315.73 Linlang (Shanghai) Glass Products Co. Ltd ...... 315.73 New Westgate Glass Packaging ...... 315.73 Ningbo Vifa International Trade Co ...... 315.73 Qingdao Auro Pack ...... 315.73 Qingdao Jutai International Trade Co ...... 315.73 Rockwood & Hines (Jiaxing) Co. Ltd ...... 315.73 SGS Bottle ...... 315.73 Shandong Hongda Glassware Co. Ltd ...... 315.73 Shandong Mounttai Sheng Li Yuan GLA ...... 315.73 Shandong Qingguo Foods ...... 315.73 Shandong Wensheng Glass Technology Co. Ltd ...... 315.73 ShangHai Misa Glass Co. Ltd ...... 315.73 Shanghai Vista Packaging ...... 315.73 Suzhou Yunbo Glass ...... 315.73 Unipack Glass ...... 315.73 Value Chain Glass Ltd. (VCG) ...... 315.73 Wheaton Glass ...... 315.73 Wuhan Vanjoin Packaging Co. Ltd ...... 315.73 Xiamen Cheer Imp & Exp Co. Ltd ...... 315.73 Xuzhou Dahua Glass Products Co. Ltd ...... 315.73 Xuzhou Fangbao Glassware ...... 315.73 Xuzhou Huajing Glass Products ...... 315.73 Xuzhou Livlong Glass Products Co. Ltd ...... 315.73 Xuzhou Pretty Glass Products ...... 315.73 Xuzhou Wan Xuan Import and Export ...... 315.73 Xuzhou Yanjia Glassware ...... 315.73 Yantai NBC Glass Packaging Co. Ltd ...... 315.73 Yuncheng Jinpeng Glass Co. Ltd ...... 315.73 Zheijiang Industrial Minerals Foreign Trade Co Ltd ...... 315.73 Zibo CY International Trade Co. Ltd ...... 315.73 Zibo Regal Glassware ...... 315.73 Zibo Rongdian Glass Co. Ltd ...... 315.73 All Others ...... 22.93

Suspension of Liquidation Public Comment Secretary for Enforcement and In accordance with sections Case briefs or other written comments Compliance, U.S. Department of 703(d)(1)(B) and (d)(2) of the Act, may be submitted to the Assistant Commerce within 21 days after the date Commerce will direct U.S. Customs and Secretary for Enforcement and of publication of this notice. Requests Border Protection (CBP) to suspend Compliance no later than 14 days after should contain the party’s name, liquidation of entries of subject the date of publication of this notice in address, and telephone number, the merchandise as described in the scope the Federal Register. Rebuttal briefs, number of participants, whether any of the investigation entered, or limited to issues raised in case briefs, participant is a foreign national, and a withdrawn from warehouse, for may be submitted no later than five days list of the issues to be discussed. If a consumption on or after the date of after the deadline date for case briefs.13 request for a hearing is made, Commerce publication of this notice in the Federal Pursuant to 19 CFR 351.309(c)(2) and intends to hold the hearing at the U.S. Register. Further, pursuant to 19 CFR (d)(2), parties who submit case briefs or Department of Commerce, 1401 351.205(d), Commerce will instruct CBP rebuttal briefs in this investigation are Constitution Avenue NW, Washington, to require a cash deposit equal to the encouraged to submit with each DC 20230, at a time and date to be rates indicated above. argument: (1) A statement of the issue; determined. Parties should confirm by telephone the date, time, and location of Disclosure (2) a brief summary of the argument; and (3) a table of authorities. the hearing two days before the Commerce intends to disclose its Pursuant to 19 CFR 351.310(c), scheduled date. calculations and analysis performed to interested parties who wish to request a Final Determination interested parties in this preliminary hearing, limited to issues raised in the determination within five days of its case and rebuttal briefs, must submit a Section 705(a)(1) of the Act and 19 public announcement, or if there is no written request to the Assistant CFR 351.210(b)(1) provide that public announcement, within five days Commerce will issue the final of the date of this notice in accordance 13 See 19 CFR 351.309; see also 19 CFR 351.303 determination within 75 days after the with 19 CFR 351.224(b). (for general filing requirements). date of its preliminary determination.

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Accordingly, Commerce will make its Appendix II Federal Register, posting on the final determination no later than 75 List of Topics Discussed in the Preliminary Commerce Department trade mission days after the signature date of this Decision Memorandum calendar (http://export.gov/ preliminary determination, unless trademissions) and other internet postponed. I. Summary II. Background websites, press releases to general and International Trade Commission III. Scope Comments trade media, direct mail, broadcast fax, Notification IV. Scope of the Investigation notices by industry trade associations V. Injury Test and other multiplier groups, and In accordance with section 703(f) of VI. Diversification of China’s Economy publicity at industry meetings, the Act, Commerce will notify the VII. Use of Facts Otherwise Available and symposia, conferences, and trade shows. International Trade Commission (ITC) of Adverse Inferences FOR FURTHER INFORMATION CONTACT: its determination. If the final VIII. Subsidies Valuation Gemal Brangman, Trade Promotion determination is affirmative, the ITC IX. Benchmarks and Interest Rates Programs, Industry and Analysis, will determine before the later of 120 X. Analysis of Programs International Trade Administration, days after the date of this preliminary XI. Calculation of the All-Others Rate U.S. Department of Commerce, 1401 determination or 45 days after the final XII. ITC Notification XIII. Disclosure and Public Comment Constitution Avenue NW, Washington, determination, whether imports of the XIV. Recommendation DC 20230; telephone (202) 482–3773. subject merchandise are materially injuring, or threaten material injury to, [FR Doc. 2020–04223 Filed 2–28–20; 8:45 am] The Following Conditions for the U.S. industry. BILLING CODE 3510–DS–P Participation Will Be Used for Each Mission Notification to Interested Parties This determination is issued and DEPARTMENT OF COMMERCE Applicants must submit a completed published pursuant to sections 703(f) and signed mission application and and 777(i) of the Act and 19 CFR International Trade Administration supplemental application materials, 351.205(c). including adequate information on their Announcement of Upcoming May 2020 products and/or services, primary Dated: February 24, 2020. Through April 2021 International Trade market objectives, and goals for Jeffrey I. Kessler, Administration Trade Missions participation. If the Department of Assistant Secretary for Enforcement and Commerce receives an incomplete Compliance. AGENCY: International Trade Administration, Department of application, the Department may either: Appendix I Commerce. Reject the application, request additional information/clarification, or SUMMARY: The United States Department Scope of the Investigation take the lack of information into account of Commerce, International Trade The merchandise covered by this when evaluating the application. If the Administration (ITA) is announcing six investigation is certain glass containers with requisite minimum number of a nominal capacity of 0.059 liters (2.0 fluid upcoming trade missions that will be participants is not selected for a ounces) up to and including 4.0 liters recruited, organized, and implemented particular mission by the recruitment (135.256 fluid ounces) and an opening or by ITA. These missions are: mouth with a nominal outer diameter of 14 • Security Mission for Economic deadline, the mission may be cancelled. millimeters up to and including 120 Prosperity in El Salvador, Honduras, Each applicant must also certify that millimeters. The scope includes glass jars, the products and services it seeks to bottles, flasks and similar containers; with or and Guatemala—May 10–15, 2020. • Reconstruction Trade Mission to export through the mission are either without their closures; whether clear or produced in the United States, or, if not, colored; and with or without design or Southern Africa—June 15–18, 2020. functional enhancements (including, but not • Executive-led Trade Mission and are marketed under the name of a U.S. limited to, handles, embossing, labeling, or Business Development Event in East firm and have at least fifty-one percent etching). Africa—August 31, 2020–September 3, U.S. content by value. In the case of a Excluded from the scope of the 2020. trade association or organization, the investigation are: (1) Glass containers made • The 13th Annual U.S. Industry applicant must certify that, for each firm of borosilicate glass, meeting United States Program at the International Atomic or service provider to be represented by Pharmacopeia requirements for Type 1 Energy Agency General Conference in the association/organization, the pharmaceutical containers; (2) glass products and/or services the containers without ‘‘mold seams,’’ ‘‘joint Vienna, Austria—September 20–23, marks,’’ or ‘‘parting lines;’’ and (3) glass 2020. represented firm or service provider containers without a ‘‘finish’’ (i.e., the • Cybersecurity Business seeks to export are either produced in section of a container at the opening Development Mission to Peru, Chile, the United States or, if not, marketed including the lip and ring or collar, threaded and Uruguay, with an optional stop in under the name of a U.S. firm and have or otherwise compatible with a type of Argentina—October 5–9, 2020. at least 51% U.S. content. closure to seal the container’s contents, • Cyber Security Business A trade association/organization including but not limited to a lid, cap, or applicant must certify to the above for cork). Development Mission to India—April Glass containers subject to this 19–23, 2021. all of the companies it seeks to represent investigation are specified within the A summary of each mission is found on the mission. Harmonized Tariff Schedule of the United below. Application information and In addition, each applicant must: States (HTSUS) under subheadings more detailed mission information, • Certify that the export of products 7010.90.5005, 7010.90.5009, 7010.90.5015, including the commercial setting and and services that it wishes to market 7010.90.5019, 7010.90.5025, 7010.90.5029, sector information, can be found at the through the mission would be in 7010.90.5035, 7010.90.5039, 7010.90.5045, trade mission website: http://export.gov/ compliance with U.S. export controls 7010.90.5049, and 7010.90.5055. The HTSUS trademissions. and regulations; subheadings are provided for convenience • and customs purposes only. The written For each mission, recruitment will be Certify that it has identified any description of the scope of the investigation conducted in an open and public matter pending before any bureau or is dispositive. manner, including publication in the office in the Department of Commerce;

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• Certify that it has identified any Trade Mission Participation Fees small or medium-sized enterprise (SME) pending litigation (including any If and when an applicant is selected if it qualifies under the Small Business administrative proceedings) to which it to participate on a particular mission, a Administration’s (SBA) size standards is a party that involves the Department payment to the Department of (https://www.sba.gov/document/ of Commerce; and Commerce in the amount of the support--table-size-standards), which • Sign and submit an agreement that designated participation fee below is vary by North American Industry it and its affiliates (1) have not and will required. Upon notification of Classification System (NAICS) Code. not engage in the bribery of foreign acceptance to participate, those selected The SBA Size Standards Tool [https:// officials in connection with a have 5 business days to submit payment www.sba.gov/size-standards/] can help company’s/participant’s involvement in or the acceptance may be revoked. you determine the qualifications that this mission, and (2) maintain and Participants selected for a trade apply to your company. enforce a policy that prohibits the mission will be expected to pay for the Mission List: (additional information bribery of foreign officials. cost of personal expenses, including, about each mission can be found at In the case of a trade association/ but not limited to, international travel, https://www.trade.gov/trade-missions). organization, the applicant must certify lodging, meals, transportation, Security Mission for Economic that each firm or service provider to be communication, and incidentals, unless Prosperity in El Salvador, Guatemala, represented by the association/ otherwise noted. Participants will, and Honduras organization can make the above however, be able to take advantage of certifications. U.S. Government rates for hotel rooms. Dates: May 10–15, 2020 In the event that a mission is cancelled, Summary The Following Selection Criteria Will no personal expenses paid in Be Used for Each Mission anticipation of a mission will be The United States Department of Targeted mission participants are U.S. reimbursed. However, participation fees Commerce, International Trade firms, services providers and trade for a cancelled mission will be Administration (ITA), is organizing a associations/organizations providing or reimbursed to the extent they have not Security Mission for Economic promoting U.S. products and services, already been expended in anticipation Prosperity in El Salvador, Guatemala, that have an interest in entering or of the mission. Honduras, May 10–15, 2020. The Trade expanding their business in the If a visa is required to travel on a Mission will kick off with a regional mission’s destination country. The particular mission, applying for and conference, Risk Management for following criteria will be evaluated in obtaining such a visa will be the Economic Prosperity, on May 11, 2020, selecting participants: responsibility of the mission which the mission participants will attend. The conference is led by the • Suitability of the applicant’s (or in participant. Government fees and regional American Chambers of the case of a trade association/ processing expenses to obtain such a Commerce and will have participation organization, represented firm’s or visa are not included in the by officials from the governments of El service provider’s) products or services participation fee. However, the Salvador, Guatemala, and Honduras. By to these markets; Department of Commerce will provide joining in the mission and conference, • The applicant’s (or in the case of a instructions to each participant on the procedures required to obtain business participants will learn about regional trade association/organization, priorities, policy and regulatory represented firm’s or service provider’s) visas. Trade Mission members participate in changes, and projects throughout the potential for business in the markets, trade missions and undertake mission- region. The purpose of the mission is to including likelihood of exports resulting related travel at their own risk. The leverage the regional political and from the mission; and economic climate and include both Deal • nature of the security situation or health Consistency of the applicant’s (or in risk in a given foreign market at a given Team 2.0 and the America Crece the case of a trade association/ time cannot be guaranteed. The U.S. Initiative. Both events will initiate new organization, represented firm’s or Government does not make any opportunities to advance the interests of service provider’s) goals and objectives representations or guarantees as to the U.S. business in these markets with the with the stated scope of the mission. safety or security of participants. The development and announcement by the Balance of company participants’ size U.S. Department of State issues U.S. new governments of priority projects in and location may also be considered Government international travel alerts safety & security, information and during the review process. and warnings for U.S. citizens available communication technology (ICT), Referrals from a political party or at https://travel.state.gov/content/ infrastructure, smart cities, ports, and partisan political group or any passports/en/alertswarnings.html. Any energy. information, including on the question regarding insurance coverage Proposed Timetable application, containing references to must be resolved by the participant and political contributions or other partisan its insurer of choice. * Note: The final schedule and political activities will be excluded from potential site visits will depend on the the application and will not be Definition of Small and Medium Sized availability of host government and considered during the selection process. Enterprise business officials, specific goals of The sender will be notified of these For purposes of assessing mission participants, and ground exclusions. participation fees, an applicant is a transportation.

Sunday, May 10, 2020 ...... • Trade Mission Participants Arrive. Ice breaker reception for compa- nies and core team members including participants and collabo- rators. Monday, May 11, 2020 ...... • Regional SCO will kick off Risk Management for Economic Pros- perity conference to which the mission participants will attend and learn about regional priorities, policy and regulatory changes, and projects throughout the region.

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• Reception in the evening at the Chief of Mission’s residence for com- panies, government officials, and local private sector guests. Tuesday, May 12, 2020 ...... • Matchmaking offered to mission participants in El Salvador. Wednesday/Thursday, May 13–14, 2020 ...... • Arrival in Guatemala or Honduras for matchmaking and other net- working. Friday, May 15th ...... • End of Mission.

Participation Requirements inform applicants of selection decisions 2019 wind speeds of more than 100 All parties interested in participating on a rolling basis. Applications received miles/hour and a storm surge surpassing in the trade mission must complete and after March 20, 2020, will be considered 14 feet devastated the coastline. The eye submit an application package for only if space and scheduling constraints of the storm hit at and near the city of consideration by the DOC. All permit. Beira, Mozambique and spread to neighboring Malawi and Zimbabwe applicants will be evaluated on their Contacts ability to meet certain conditions and with large-scale flooding and mudslides. April Redmon, Senior International best satisfy the selection criteria as The trade mission participants would Trade Specialist, Global Safety & outlined below. A minimum of 10 and meet with the Ministries of Energy and Security Team, U.S. Commercial a maximum of 15 companies and/or Natural Resources, USAID partners, Service-Virginia/Washington, DC, trade associations will be selected to World Bank and African Development 703–235–0103, April.Redmon@ participate in the mission from the Bank representatives, and other relevant trade.gov applicant pool. government and private entities in Judy Lao, Senior International Trade Mozambique, Zimbabwe, and Malawi to Fees and Expenses Specialist, Global Markets, WH Trade discuss opportunities surrounding the Policy, 202–482–2536, Judy.Lao@ After a firm or trade association has reconstruction efforts. During the trade.gov been selected to participate on the mission, U.S. companies will be Rachel Kreissl, Senior Commercial mission, a payment to the Department of introduced to potential local business Officer, U.S. Commercial Service—El Commerce in the form of a participation partners and will be able to identify Salvador, U.S. Embassy San Salvador, fee is required. The participation fee for projects in which there is a significant 503=2501–3211, Rachel.Kreissl@ the Security Mission for Economic demand for their products and services. trade.gov The Mission will include Prosperity in El Salvador then Antonio Prieto, Senior Commercial representatives from U.S. producers and Guatemala and/or Honduras will be Specialist, U.S. Commercial Service— service providers that offer critical $3,500 for small or medium-sized Guatemala, U.S. Embassy Guatemala infrastructure, energy infrastructure, enterprises (SME) 1 and $4,900 for large City, (502) 2326–4310/2326–4000, construction-related products, health firms or trade associations. The fee for [email protected] each additional firm representative Rommel Alcantara, Commercial and IT systems infrastructure and (large firm or SME/trade organization) is Specialist, U.S. Commercial Service— services. Participating firms and $500. Expenses for travel, lodging, Honduras, U.S. Embassy Tegucigalpa, associations will gain market insights, meals, and incidentals will be the (504) 2236–9320, ext 4092, make industry contacts, solidify responsibility of each mission [email protected] business strategies, and be better participant. Interpreter and driver Maria Rivera, Senior Commercial positioned to advance specific projects, services can be arranged for an Specialist, U.S. Commercial Service— with the goal of increasing U.S. exports additional cost. Delegation members El Salvador, U.S. Embassy San of products and services to will be able to take advantage of U.S. Salvador, 503–2501–3060, Mozambique, Zimbabwe, and Malawi. Embassy rates for hotel rooms. [email protected] The mission will include customized one-on-one business appointments with Timeframe for Recruitment and Reconstruction Trade Mission to pre-screened potential buyers, agents, Application Southern Africa distributors, and joint venture partners; Mission recruitment will be Dates: June 15–18, 2020 meetings with state and local conducted in an open and public government officials and industry manner, including publication in the Summary leaders; and networking events. The Federal Register, posting on the The proposed Reconstruction Trade trade mission will also have the added Commerce Department trade mission Mission to Southern Africa will visit benefit of helping contribute to the calendar (http://export.gov/ Maputo, Mozambique, and have humanitarian effort, further burnishing trademissions) and other internet optional visits to Harare, Zimbabwe the image of U.S. companies and websites, press releases to general and and/or Lilongwe, Malawi. The purpose strengthening U.S. relations with these trade media, direct mail, notices by of the mission is to highlight the countries. industry trade associations and other reconstruction needs of these countries Proposed Timetable multiplier groups, and publicity at to U.S. suppliers and service providers industry meetings, symposia, following the devastating Cyclone Idai. * Note: The final schedule and conferences, and trade shows. Cyclone Idai is regarded as one of the potential site visits will depend on the Recruitment for the mission will begin worst-ever natural disasters in the availability of host government and immediately and conclude no later than southern hemisphere which had a direct business officials, specific goals of March 2, 2020. The U.S. Department of impact in Mozambique, Zimbabwe and mission participants, and ground Commerce will review applications and Malawi. In the early hours of March 15, transportation.

Monday, June 15, 2019, Optional Stop—Harare, Zimbabwe/Lilongwe, Economic Briefing. Malawi. Government and development bank meetings. Ambassador Reception.

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Tuesday, June 16, 2019, Optional Stop—Harare/Lilongwe, Maputo, Meetings with local private sector. Mozambique. Travel to Maputo. Networking Reception. Wednesday, June 17, 2019, Maputo, Mozambique ...... Economic Briefing. Meetings with Government. Ambassador Reception. Thursday, June 18, 2019, Maputo, Mozambique ...... Government meetings. Meetings with development banks. Meetings with private sector. Depart.

Participation Requirements travel, lodging, meals, and incidentals U.S. Commercial Service Office of All parties interested in participating will be the responsibility of each Africa, Ashley Bubna, Desk Officer, in the Reconstruction Trade Mission to mission participant. Interpreter and [email protected], +1–202– Southern Africa must complete and driver services can be arranged for 482–5205 submit an application package for additional cost. Delegation members will be able to take advantage of U.S. Executive-Led Mission and Business consideration by DOC. All applicants Development Event in East Africa will be evaluated on their ability to meet Embassy rates for hotel rooms. certain conditions and best satisfy the Timeframe for Recruitment and Date: August 31–September 3, 2020 selection criteria as outlined below. U.S. Application Summary companies or trade associations already doing business with countries as well as Mission recruitment will be The United States Department of U.S. companies seeking to enter to the conducted in an open and public Commerce (USDOC), International countries’ markets for the first time may manner, including publication in the Trade Administration (ITA), is apply. A minimum of 15 companies Federal Register, posting on the U.S. organizing a two-part program and/or trade associations will be Department of Commerce trade mission consisting of an Executive-led Trade selected for participation in this mission calendar (www.export.gov/ Mission (TM) and a Commercial Service from the applicant pool. trademissions) and other internet (CS)-supported Business Development websites, press releases to general and Event in Nairobi, Kenya. Fees and Expenses trade media, notices by industry trade After a company or trade association associations and other multiplier The TM will be Executive-led with an has been selected to participate on the groups, and publicity at industry emphasis on Business-to-Government mission, a payment to the DOC in the meetings, symposia, conferences, and (B2G) meetings for U.S. companies form of a participation fee is required. trade shows. interested in competing for government All companies will visit Maputo, Recruitment for the mission will projects that are a part of the Mozambique as part of the mission. The begin immediately and conclude no Government of Kenya’s (GOK) Big Four participation fee for the main stop to later than March 13, 2020. The U.S. agenda. Following the TM meetings, a Maputo, Mozambique is $3,100 for a Department of Commerce will review larger group of U.S. companies will join large firm or trade association and applications and make selection the delegation to take part in a CS- $1,400 for a small or medium-sized decisions on a rolling basis until the supported event, the American Chamber enterprise (SME), which covers one minimum of fifteen participants is of Commerce Summit 2020 (Summit). representative. For additional reached. We will inform all applicants The Summit will have a regional focus representatives the company of selection decisions as soon as and provide U.S. companies with participation fee is $200. The company possible after the applications are opportunities to gain exposure to should then select which optional stop, reviewed. Applications received after companies and officials from markets if any, it would like to join, Lilongwe, March 13th will be considered only if across East Africa (i.e., Ethiopia, Kenya, Malawi and/or Harare, Zimbabwe. For space and scheduling constraints Rwanda, Tanzania, and Uganda). the optional stop to Lilongwe, Malawi permit. In addition to the two-part program in the participation fee is $3,100 for a large Kenya, interested companies are able to How To Apply firm or trade association and $1,500 for select optional spin-offs for tailored a small or medium-sized enterprise Applications can be downloaded from business meetings in Uganda and/or (SME), which covers one representative the trade mission website or can be Tanzania before and after the Kenyan with the fee for an additional obtained by contacting Tamarind program, respectively. representative at $100. To participate in Murrietta or Ashley Bubna at the U.S. the optional stop in Harare, Zimbabwe, Department of Commerce (see contact Schedule the participation fee for the optional details below). Completed applications Proposed Timetable * stop to Harare is $1,750 for a large firm should be submitted to Tamarind or trade association and $800 for a small Murrietta or Ashley Bubna. * Note: The final schedule of or medium-sized enterprise (SME), meetings, events, and site visits will which covers one representative. The Contacts depend on the availability of host minimum number of firms required for U.S. Commercial Service Mozambique, government and business officials, the Zimbabwe stop is three, and a Tamarind Murrietta, U.S. Commercial specific goals of mission participants, company must pay $200 for an Counselor, Tamarind.Murrietta@ and flight availability and ground additional representative. Expenses for trade.gov, +258–2135–5475 transportation options.

Thursday, August 27 ...... • (OPTIONAL) B2B/B2G Meetings in Kampala, Uganda. Friday–Sunday, August 28–30 ...... • Weekend Travel. • Trade Mission Participants Arrive in Kenya.

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• Country Briefing. Monday, August 31 ...... • Trade Mission B2G/B2B Meetings. • Official Luncheon. • Trade Mission B2G/B2B Meetings. Tuesday, September 1 ...... • Trade Mission B2G/B2B Meetings. • Official Reception at Ambassador’s Residence. Wednesday–Thursday, September 2–3 ...... • AmCham Summit 2020. • Panel Sessions. • Industry breakouts. • B2B Summit Meetings. • Summit Reception. Friday–Sunday, September 4–6 ...... • (OPTIONAL) Weekend Travel. • Trade Mission Participants Arrive. • Country Briefing. Monday, September 7 ...... • (OPTIONAL) B2B/B2G Meetings in Dar es Salaam, Tanzania.

Participation Requirements July 31, 2020. The USDOC will review and State, is organizing the 13th Annual All parties interested in participating applications and inform applicants of U.S. Industry Program at the in the executive-led trade mission must selection decisions on a comparative International Atomic Energy Agency complete and submit an application basis. Applications received after July (IAEA) General Conference, to be held package for consideration by the DOC. 31, 2020 will be considered only if September 20–23, 2020, in Vienna, All applicants will be evaluated on their space and scheduling constraints Austria. The IAEA General Conference ability to meet certain conditions and permit. is the premier global meeting of civil nuclear policymakers and typically best satisfy the selection criteria as Contacts outlined below. A minimum of six and attracts senior officials and industry U.S. & Foreign Commercial Service— maximum of ten firms and/or trade representatives from all 170 Member Nairobi Team: associations will be selected to States. The U.S. Industry Program is participate in the mission from the Leone Mutoka, Commercial Assistant, part of the U.S. Department of applicant pool. +254–20–363–6438, Leone.Mutoka@ Commerce’s (DOC) Civil Nuclear Trade trade.gov Initiative, a U.S. Government effort to Fees and Expenses Judy Magondu, Commercial Assistant, help U.S. civil nuclear companies After a firm or trade association has +254 (20) 363–6400, Judy.Magondu@ identify and capitalize on commercial been selected to participate on the trade.gov civil nuclear opportunities around the mission, a payment to the USDOC in the Daniel Gaines, Commercial Officer, world. The purpose of the program is to form of a participation fee is required. +254–20–363–6000 ext. 6424, help the U.S. nuclear industry promote The participation fee for the Executive- [email protected] its services and technologies to an Led Mission will be $2,300 for small or Diane Jones, Senior Commercial Officer, international audience, including senior medium-sized enterprises (SME) 1; and +254–20–363–6000 ext. 6424, energy policymakers from current and $3,400 for large firms or trade [email protected] emerging markets as well as IAEA staff. associations. The fee for each additional U.S. & Foreign Commercial Service— Representatives of U.S. companies firm representative (large firm or SME/ Dar es Salaam Team: from across the U.S. civil nuclear trade organization) is $500. supply chain are eligible to participate. Patricia Wagner, Senior Commercial In addition, organizations providing Fees for optional spinoffs to Uganda Officer, +255–22–229–4243, and/or Tanzania will follow the Gold related services to the industry, such as [email protected] universities, research institutions, and Key Service fee structure at an Mary Msemwa, Commercial Specialist, additional $950 per small, $2,300 per U.S. civil nuclear trade associations, are + 255–22–229–4340, Mary.Msemwa@ eligible for participation. The mission medium-sized, and $3,400 per large firm trade.gov and trade association/organization, plus will help U.S. participants gain market State Department Partner Post— any direct costs.1 insights, make industry contacts, Kampala Team: solidify business strategies, and identify Timeline for Recruitment Kimberly Harrington, Counselor for or advance specific projects with the Mission recruitment will be Political and Economic Affairs, goal of increasing U.S. civil nuclear conducted in an open and public [email protected], +256 (0) 414– exports to a wide variety of countries manner, including publication in the 306214 interested in nuclear energy. Federal Register, posting on the USDOC Mark R. Krumm, Econ Officer, The schedule includes: Meetings with trade mission calendar (http:// [email protected], +256 (0) 414– foreign delegations and discussions export.gov/trademissions) and other 306–239 with senior U.S. Government officials internet websites, press releases to on important civil nuclear topics 13th Annual U.S. Industry Program at including regulations, technology and general and trade media, direct mail, the International Atomic Energy notices by industry trade associations standards, liability, public acceptance, Agency (IAEA) General Conference in export controls, financing, infrastructure and other multiplier groups, and Vienna, Austria publicity at industry meetings, development, and R&D cooperation. Past U.S. Industry Programs have symposia, conferences, and trade shows. Date: September 20–23, 2020 included participation by the U.S. Recruitment for the mission will begin Summary Secretary of Energy, the Chairman of the immediately and conclude no later than The United States Department of U.S. Nuclear Regulatory Commission 1 See https://www.export.gov/article?id=CS-User- Commerce’s (DOC) International Trade (NRC), and senior U.S. Government Fees for the U.S. Commercial Service user fee Administration (ITA), with participation officials from the Departments of schedule for Gold Key Service. from the U.S. Departments of Energy Commerce, Energy, State, the Export-

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Import Bank of the United States, and participate in the mission from the Industries, Washington, DC, Tel: (202) the National Security Council. applicant pool. The first ten applicants 482–1297, Email: jonathan.chesebro@ There are significant opportunities for will be permitted to send two trade.gov U.S. businesses in the global civil representatives per organization (if Devin Horne, Industry & Analysis, nuclear energy market. With 55 reactors desired). After the first ten applicants, Office of Energy and Environmental currently under construction in 15 additional representatives will be Industries, Washington, DC, Tel: (202) countries and 160 nuclear plant projects permitted only if space is available. 482–0775, Email: devin.horne@ planned in 27 countries over the next 8– Participating companies may send more trade.gov 10 years, this translates to a market than two participants if space permits. demand for equipment and services The Department of Commerce will Cyber-Security Business Development totaling $500–740 billion over the next evaluate applications and inform Mission to Peru, Chile, and Uruguay ten years. applicants of selection decisions With Optional Stop in Argentina Proposed Timetable beginning three weeks after publication in the Federal Register and on a rolling Dates: October 5–9, 2020 **** Note that specific events and basis thereafter until the maximum Summary meeting times have yet to be number of participants has been confirmed **** selected. The United States Department of Sunday, September 20 Commerce, International Trade Fees and Expenses Administration (ITA), is organizing a 3:00 p.m.–5:00 p.m.—1–1 Showtime After a company or organization has Cybersecurity Business Development Meetings with visiting ITA Staff been selected to participate on the Mission to Peru, Chile, and Uruguay, 6:00 p.m.–8:00 p.m.—U.S. Industry mission, a payment to the DOC in the October 5–9, 2020, with an optional Welcome Reception form of a participation fee is required. stop in Argentina on October 13, 2020. The fee covers ITA support to register Monday, September 21 This mission aims to introduce U.S. U.S. industry participants for the IAEA firms and trade associations to some of 7:00 a.m.—Industry Program Breakfast General Conference. Expenses for travel, South America’s most rapidly growing Begins lodging, meals, and incidentals will be 8:00 a.m.–9:45 a.m.—U.S. Policymakers the responsibility of each mission information and communication Roundtable participant. Interpreter and driver technology (ICT), security, and critical 9:45 a.m.–10:00 a.m.—Break infrastructure protection markets. It will 10:00 a.m.–11:00 a.m.—USG Dialogue services can be arranged for additional cost. Participants will be able to take assist U.S. companies in finding with Industry business partners to which they may 11:00 a.m.–6:00 p.m.—IAEA Side advantage of discounted rates for hotel rooms. export their products and services to the Events region. Target participants are U.S. 11:00 a.m.–12:30 p.m.—Break The fee to participate in the event is companies and U.S. trade associations 12:30–6:00 p.m.—Country Briefings for $5,200 for a large company and $4,400 with members that provide Industry Delegation (presented by for a small or medium-sized company foreign delegates) (SME)2, a trade association, or a U.S. cybersecurity and critical infrastructure 7:30–9:30 p.m.—U.S. Mission to the university or research institution. The protection products and services. The IAEA Reception fee for each additional representative mission will visit Santiago, Chile; (large company, trade association, Montevideo, Uruguay; and Lima, Peru, Tuesday, September 22 university/research institution, or SME) along with an optional stop in Buenos 9:00 a.m.–6:00 p.m.—Country Briefings is $2,000. Aires, Argentina. Participating firms will have the opportunity to gain market for Industry (presented by foreign Timeframe for Recruitment and insights, make industry contacts, delegates) Application 10:00 a.m.–6:00 p.m.—IAEA Side Event solidify business strategies, and advance Meetings Mission recruitment will be their own specific projects, all with the conducted in an open and public goal of increasing U.S. cyber security Wednesday, September 23 manner, including publication in the product and service exports to the 9:00 a.m.–6:00 p.m.—Country Briefings Federal Register, posting on the region. This mission will include for Industry (presented by foreign Commerce Department trade mission customized, one-on-one, business delegates) calendar (http://export.gov/ appointments with pre-screened 10:00 a.m.–6:00 p.m.—IAEA Side Event trademissions), and notices by industry potential buyers, agents, distributors, Meetings trade associations and other multiplier and joint venture partners. It will also groups. Recruitment for the mission will Participation Requirements allow for meetings with industry leaders begin immediately and conclude no as well as state and local government All parties interested in participating later than July 17, 2020. The U.S. in the trade mission must complete and officials, along with other networking Department of Commerce will review events. submit an application package for applications and inform applicants of consideration by the DOC. All selection decisions on a rolling basis. Proposed Timetable applicants will be evaluated on their Applications received after July 20, ability to meet certain conditions and 2020, will be considered only if space * Note: The final schedule and best satisfy the selection criteria as and scheduling constraints permit. potential site visits will depend on the outlined below. A minimum of 15 and availability of host government and maximum of 50 companies and/or trade Contacts business officials, specific goals of associations and/or U.S. academic and Jonathan Chesebro, Industry & Analysis, mission participants, and ground research institutions will be selected to Office of Energy and Environmental transportation.

Sunday, October 4, 2020 ...... • Trade Mission Participants Arrive in Lima, Peru.

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Monday, October 5, 2020 ...... • Welcome and Country Briefing (Peru). • Presentations and/or cabinet/ministry meetings. • Networking Lunch. • One-on-One business matchmaking appointments. • Networking Reception at Ambassador’s residence (TBC). Tuesday, October 6, 2020 ...... • Travel to Santiago, Chile. • Welcome and Country Briefing (Chile). • Presentations. Wednesday, October 7, 2020 ...... • One-on-One business matchmaking appointments. • Networking Lunch. • Cabinet/ministry meetings. • Networking Reception at Ambassador’s residence (TBC). Thursday, October 8, 2020 ...... • (Morning) Travel to Montevideo, Uruguay. • (Afternoon)Welcome and briefing. • Presentations by Uruguayan government entities. Friday, October 9, 2020 ...... • (Morning) Business matchmaking. • Closing Ambassador’s reception (TBC). • (Afternoon) Trade mission participants depart for optional Argentina stop or return home. Saturday–Monday, October 10–12, 2020 ...... • Travel day or free time for Argentina optional stop participants. • National Holiday (Argentina) on Monday, October 12th. Tuesday, October 13, 2020 (Optional) ...... • Welcome and Country Briefing (Argentina). • One-on-One business matchmaking appointments.

Participation Requirements Timeframe for Recruitment and [email protected] Application All parties interested in participating Chile in the trade mission must complete and Mission recruitment will be conducted in an open and public Joshua Leibowitz, Commercial submit an application package for manner, including publication in the Officer, U.S. Embassy—Santiago, consideration by the Department of Federal Register, posting on the Chile, [email protected] Commerce. All applicants will be Commerce Department trade mission Uruguay evaluated on their ability to meet certain calendar (http://export.gov/trade conditions and best satisfy the selection Matthew Poole, Senior Commercial missions) and other internet websites, Officer, U.S. Embassy— criteria as outlined below. A minimum press releases to general and trade of 12 and maximum of 15 firms and/or Montevideo, Uruguay, media, direct mail, notices by industry [email protected] trade associations will be selected to trade associations and other multiplier participate in the mission from the groups, and publicity at industry Argentina applicant pool. meetings, symposia, conferences, and Karen Ballard, Commercial Officer, Fees and Expenses trade shows. Recruitment for the U.S. Embassy—Santiago, Chile, mission will begin immediately and [email protected] After a firm or trade association has conclude no later than July 17, 2020. been selected to participate on the The U.S. Department of Commerce will Cyber Security Business Development mission, a payment to the Department of review applications and inform Mission to India Commerce in the form of a participation applicants of selection decisions on a Dates: April 19–23, 2021 fee is required. The participation fee for rolling basis until the maximum number the business development mission will of participants is selected. Applications Summary be $5,700 for small or medium-sized received after July 17, 2020, will be The United States Department of enterprises (SME); and $7,750 for large considered only if space and scheduling Commerce, International Trade firms or trade associations. The fee for constraints permit. Administration (ITA), is organizing an Executive-led Cyber Security Business each additional firm representative Contacts (large firm or SME/trade organization) is Development Mission to India. $1,000. The cost for the optional stop in USA The purpose of the mission is to Argentina is not included and is Gemal Brangman, Senior Advisor, Trade introduce U.S. firms and trade charged as a full Gold Key Service fee Missions, Trade Events Management associations to India’s information and at an additional $950 per small, $2,300 Task Force, Washington, DC, 202– communication technology (ICT) per medium-sized, and $3,400 per large 482–3773, Gemal.Brangman@ security and critical infrastructure firm and trade association/organization, trade.gov protection markets and to assist U.S. plus any direct costs.2 Expenses for Paul Matino, Senior International Trade companies to find business partners and travel, lodging, meals, and incidentals Specialist, Baltimore, MD—USEAC, export their products and services to the will be the responsibility of each 410–962–4539, Paul.Matino@ region. The mission is intended to mission participant. Interpreter and trade.gov include representatives from U.S. driver services can be arranged for Pompeya Lambrecht, Senior companies and U.S. trade associations additional cost. Delegation members International Trade Specialist, with members that provide cyber will be able to take advantage of U.S. Northern Virginia—USEAC, 703–235– security, data protection, critical Embassy rates for hotel rooms. 0102, [email protected] infrastructure protection, and other cyber security related equipment and Peru 2 See https://www.export.gov/article?id=CS-User- services. The mission will visit India Fees for the U.S. Commercial Service user fee Leon Skarshinski, Commercial where U.S. firms will have access to schedule for Gold Key Service. Officer, U.S. Embassy—Lima, Peru, business development opportunities

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across India. Participating firms will on-one business appointments with pre- Proposed Timetable gain market insights, make industry screened potential buyers, agents, * Note: The final schedule and contacts, solidify business strategies, distributors and joint venture partners; potential site visits will depend on the and advance specific projects, with the meetings with state and local availability of host government and goal of increasing U.S. exports of government officials and industry business officials, specific goals of products and services to India. The leaders; and networking events. mission participants, and ground mission will include customized one- transportation.

Sunday, April 18 ...... • Trade Mission Participants Arrive in New Delhi. Monday, April 19 ...... • Welcome and Country Briefing. • One-on-One business matchmaking appointments. • Networking Lunch (No-Host). • One-on-One business matchmaking appointments. • Networking Reception at Deputy Chief of Mission residence (TBC). Tuesday, April 20 ...... • Breakfast roundtable with Indian industry groups and associations (TBC). • Cyber Security event to share best practices and promote participants. • Networking Lunch (No-Host). • Ministry and other Indian Government Briefings and Meetings. • Transportation from Hotel to Airport Included • Travel to Mumbai. Wednesday, April 21 ...... • Welcome Briefing, Mumbai and Maharashtra State. • One-on-One business matchmaking appointments. • Networking Lunch (No-Host). • One-on-One business matchmaking appointments. • Networking Reception at Consul General residence (TBC). Thursday, April 22 ...... • Breakfast roundtable with Indian industry groups and associations (TBC). • Cyber Security event to share best practices and promote participants. • Networking Lunch (No-Host). • Indian Government Briefings and Meetings. • Travel to Airport (NOT INCLUDED). Friday, April 23 ...... • OPTIONAL STOP—Bangalore or Hyderabad. • One-on-One business matchmaking appointments. • Networking Lunch (No-Host). • One-on-One business matchmaking appointments.

Participation Requirements Timeframe for Recruitment and U.S. Department of Commerce, Application Washington, DC, Tel: 202–482–3773, All parties interested in participating Mission recruitment will be Fax: 202–482–9000, in the trade mission must complete and [email protected] submit an application package for conducted in an open and public manner, including publication in the Paul Matino, International Trade consideration by the DOC. All Specialist, U.S. Commercial Service, applicants will be evaluated on their Federal Register, posting on the | Commerce Department trade mission International Trade Administration ability to meet certain conditions and calendar (http://export.gov/ U.S. Department of Commerce, 300 best satisfy the selection criteria as trademissions) and other internet W. Pratt St, Suite 300, Baltimore, MD outlined below. A minimum of 12 and websites, press releases to general and 21201, Tel. 410–962–4581 maximum of 20 firms and/or trade trade media, direct mail, notices by Jorge Pardo, International Trade associations will be selected to industry trade associations and other Specialist, International Trade participate in the mission from the multiplier groups, and publicity at Administration, Industry and applicant pool. industry meetings, symposia, Analysis, Office of Digital Services Industries, U.S. Department of Fees and Expenses conferences, and trade shows. Recruitment for the mission will begin Commerce, Tel: 202–482–5879, After a firm or trade association has immediately and conclude no later than [email protected]. been selected to participate on the February 1, 2021. The U.S. Department Office of South Asia mission, a payment to the Department of of Commerce will review applications Commerce in the form of a participation and inform applicants of selection Noor Sclafani, India, Pakistan, fee is required. The participation fee for decisions on a rolling basis. Afghanistan Desk, International Trade the Cyber Security Business Applications received after February 1, Administration, U.S. Department of Commerce, Tel: 202–482–1421, Development Mission will be $3,200 for 2021 will be considered only if space [email protected] small or medium-sized enterprises and scheduling constraints permit. Carla Mene´ndez McManus, Commercial (SME); and $6,000 for large firms or CONTACTS Officer, U.S. Consulate General, trade associations. The fee for each Mumbai, U.S. Commercial Service, additional firm representative (large USA International Trade Administration | firm or SME/trade organization) is Pompeya Lambrecht, Senior U.S. Department of Commerce, Tel: + $1,000. Expenses for travel, lodging, International Trade Specialist, U.S. 91–22–672–4000, Carla.Menendez@ meals, and incidentals will be the Commercial Service, International trade.gov responsibility of each mission Trade Administration | U.S. participant. Interpreter and driver Department of Commerce, Arlington, In India, until July 2020: services can be arranged for additional VA, Tel: 703–756–1707, Erick Kish, Commercial Officer, U.S. cost. Delegation members may be able to [email protected] Embassy New Delhi, U.S. Commercial take advantage of preferential rates for Gemal Brangman, Project Officer, Service, International Trade hotel rooms. International Trade Administration | Administration | U.S. Department of

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Commerce, Tel: +91–11–2347–2347, period of review. We intend to release where Commerce considered collapsing [email protected]. the CBP data under Administrative that entity, complete quantity and value In India, from August 2020 onwards: Protective Order (APO) to all parties data for that collapsed entity must be Brenda VanHorn, Principal Commercial having an APO within five days of submitted. publication of the initiation notice and Officer, U.S. Consulate Mumbai, U.S. Deadline for Withdrawal of Request for to make our decision regarding Commercial Service, International Administrative Review Trade Administration | U.S. respondent selection within 21 days of Pursuant to 19 CFR 351.213(d)(1), a Department of Commerce, Tel: + 91– publication of the initiation Federal party that requests a review may 22–672–4215, Brenda.VanHorn@ Register notice. Therefore, we withdraw that request within 90 days of trade.gov. encourage all parties interested in commenting on respondent selection to the date of publication of the notice of Gemal Brangman, submit their APO applications on the initiation of the requested review. The Senior Advisor for Trade Missions. date of publication of the initiation regulation provides that Commerce may [FR Doc. 2020–04210 Filed 2–28–20; 8:45 am] notice, or as soon thereafter as possible. extend this time if it is reasonable to do BILLING CODE 3510–DR–P Commerce invites comments regarding so. Determinations by Commerce to the CBP data and respondent selection extend the 90-day deadline will be within five days of placement of the made on a case-by-case basis. DEPARTMENT OF COMMERCE CBP data on the record of the review. Deadline for Particular Market In the event Commerce decides it is Situation Allegation International Trade Administration necessary to limit individual examination of respondents and Section 504 of the Trade Preferences Antidumping or Countervailing Duty conduct respondent selection under Extension Act of 2015 amended the Act Order, Finding, or Suspended section 777A(c)(2) of the Act: by adding the concept of particular Investigation; Opportunity To Request In general, Commerce finds that market situation (PMS) for purposes of Administrative Review determinations concerning whether constructed value under section 773(e) particular companies should be of the Act.1 Section 773(e) of the Act AGENCY: Enforcement and Compliance, ‘‘collapsed’’ (i.e., treated as a single states that ‘‘if a particular market International Trade Administration, entity for purposes of calculating situation exists such that the cost of Department of Commerce. antidumping duty rates) require a materials and fabrication or other FOR FURTHER INFORMATION CONTACT: substantial amount of detailed processing of any kind does not Brenda E. Brown, Office of AD/CVD information and analysis, which often accurately reflect the cost of production Operations, Customs Liaison Unit, require follow-up questions and in the ordinary course of trade, the Enforcement and Compliance, analysis. Accordingly, Commerce will administering authority may use International Trade Administration, not conduct collapsing analyses at the another calculation methodology under U.S. Department of Commerce, 1401 respondent selection phase of a review this subtitle or any other calculation Constitution Avenue NW, Washington, and will not collapse companies at the methodology.’’ When an interested DC 20230, telephone: (202) 482–4735. respondent selection phase unless there party submits a PMS allegation pursuant SUPPLEMENTARY INFORMATION: has been a determination to collapse to section 773(e) of the Act, Commerce certain companies in a previous will respond to such a submission Background segment of this antidumping proceeding consistent with 19 CFR 351.301(c)(2)(v). Each year during the anniversary (i.e., investigation, administrative If Commerce finds that a PMS exists month of the publication of an review, new shipper review or changed under section 773(e) of the Act, then it antidumping or countervailing duty circumstances review). For any will modify its dumping calculations order, finding, or suspended company subject to a review, if appropriately. investigation, an interested party, as Commerce determined, or continued to Neither section 773(e) of the Act nor defined in section 771(9) of the Tariff treat, that company as collapsed with 19 CFR 351.301(c)(2)(v) set a deadline Act of 1930, as amended (the Act), may others, Commerce will assume that such for the submission of PMS allegations request, in accordance with 19 CFR companies continue to operate in the and supporting factual information. 351.213, that the Department of same manner and will collapse them for However, in order to administer section Commerce (Commerce) conduct an respondent selection purposes. 773(e) of the Act, Commerce must administrative review of that Otherwise, Commerce will not collapse receive PMS allegations and supporting antidumping or countervailing duty companies for purposes of respondent factual information with enough time to order, finding, or suspended selection. Parties are requested to (a) consider the submission. Thus, should investigation. identify which companies subject to an interested party wish to submit a All deadlines for the submission of review previously were collapsed, and PMS allegation and supporting new comments or actions by Commerce (b) provide a citation to the proceeding factual information pursuant to section discussed below refer to the number of in which they were collapsed. Further, 773(e) of the Act, it must do so no later calendar days from the applicable if companies are requested to complete than 20 days after submission of initial starting date. a Quantity and Value Questionnaire for Section D responses. purposes of respondent selection, in Opportunity to Request a Review: Not 2 Respondent Selection general each company must report later than the last day of March 2020, In the event Commerce limits the volume and value data separately for interested parties may request number of respondents for individual itself. Parties should not include data administrative review of the following examination for administrative reviews for any other party, even if they believe orders, findings, or suspended initiated pursuant to requests made for they should be treated as a single entity the orders identified below, Commerce with that other party. If a company was 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). intends to select respondents based on collapsed with another company or 2 Or the next business day, if the deadline falls U.S. Customs and Border Protection companies in the most recently on a weekend, federal holiday or any other day (CBP) data for U.S. imports during the completed segment of a proceeding when Commerce is closed.

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investigations, with anniversary dates in March for the following periods:

Period

Antidumping Duty Proceedings AUSTRALIA: Certain Uncoated Paper, A–602–807 ...... 3/1/19–2/29/20 BRAZIL: Certain Uncoated Paper, A–351–842 ...... 3/1/19–2/29/20 CANADA: Iron Construction Castings, A–122–503 ...... 3/1/19–2/29/20 FRANCE: Brass Sheet & Strip, A–427–602 ...... 3/1/19–2/29/20 GERMANY: Brass Sheet & Strip, A–428–602 ...... 3/1/19–2/29/20 INDIA: Large Diameter Welded Pipe, A–533–881 ...... 8/27/18–2/29/20 Off-The-Road Tires, A–533–869 ...... 3/1/19–2/29/20 Sulfanilic Acid, A–533–806 ...... 3/1/19–2/29/20 INDONESIA: Certain Uncoated Paper, A–560–828 ...... 3/1/19–2/29/20 ITALY: Brass Sheet & Strip, A–475–601 ...... 3/1/19–2/29/20 PORTUGAL: Certain Uncoated Paper, A–471–807 ...... 3/1/19–2/29/20 RUSSIA: Silicon Metal, A–821–817 ...... 3/1/19–2/29/20 SOUTH AFRICA: Carbon and Alloy Steel Wire Rod, A–791–823 ...... 3/1/19–2/29/20 TAIWAN: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube, A–583–803 ...... 3/1/19–2/29/20 THAILAND: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ...... 3/1/19–2/29/20 THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, A–570–049 ...... 3/1/19–2/29/20 Amorphous Silica Fabric, A–570–038 ...... 3/1/19–2/29/20 Biaxial Integral Geogrid Products, A–570–036 ...... 3/1/19–2/29/20 Carbon and Alloy Steel Cut-To-Length Plate, A–570–047 ...... 3/1/19–2/29/20 Certain Plastic Decorative Ribbon, A–570–075 ...... 8/8/18–2/29/20 Chloropicrin, A–570–002 ...... 3/1/19–2/29/20 Circular Welded Austenitic Stainless Pressure Pipe, A–570–930 ...... 3/1/19–2/29/20 Glycine, A–570–836 ...... 3/1/19–2/29/20 Large Diameter Welded Carbon and Alloy Steel Line, And Structural Pipe, A–570–077 ...... 8/27/2018–2/29/20 Sodium Hexametaphosphate, A–570–908 ...... 3/1/19–2/29/20 Tissue Paper Products, A–570–894 ...... 3/1/19–2/29/20 Certain Uncoated Paper, A–570–022 ...... 3/1/19–2/29/20 UKRAINE: Carbon and Alloy Steel Wire Rod, A–823–816 ...... 3/1/19–2/29/20 Countervailing Duty Proceedings INDIA: Fine Denier Polyester Staple Fiber, C–533–876 ...... 1/1/19–12/31/19 Large Diameter Welded Pipe, C–533–882 ...... 6/29/18–12/31/19 Off-The-Road Tires, C–533–870 ...... 1/1/19–12/31/19 Sulfanilic Acid, C–533–807 ...... 1/1/19–12/31/19 INDONESIA: Certain Uncoated Paper, C–560–829 ...... 1/1/19–12/31/19 IRAN: In-Shell Pistachios, C–507–501 ...... 1/1/19–12/31/19 THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, C–570–050 ...... 1/1/19–12/31/19 Amorphous Silica Fabric, C–570–039 ...... 1/1/19–12/31/19 Biaxial Integral Geogrid Products, C–570–037 ...... 1/1/19–12/31/19 Carbon and Alloy Steel Cut-To-Length Plate, C–570–048 ...... 1/1/19–12/31/19 Certain Plastic Decorative Ribbon, C–570–076 ...... 6/22/18–12/31/19 Circular Welded Austenitic Stainless Pressure Pipe, C–570–931 ...... 1/1/19–12/31/19 Fine Denier Polyester Staple Fiber, C–570–061 ...... 1/1/19–12/31/19 Large Diameter Welded Pipe, C–570–078 ...... 6/29/18–12/31/19 Certain Uncoated Paper, C–570–023 ...... 1/1/19–12/31/19 TURKEY: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ...... 1/1/19–12/31/19

Suspension Agreements interested party or an interested party which exporter(s) the request is None. described in section 771(9)(B) of the Act intended to cover. In accordance with 19 CFR must state why it desires the Secretary Note that, for any party Commerce 351.213(b), an interested party as to review those particular producers or was unable to locate in prior segments, defined by section 771(9) of the Act may exporters. If the interested party intends Commerce will not accept a request for request in writing that the Secretary for the Secretary to review sales of an administrative review of that party conduct an administrative review. For merchandise by an exporter (or a absent new information as to the party’s both antidumping and countervailing producer if that producer also exports location. Moreover, if the interested duty reviews, the interested party must merchandise from other suppliers) party who files a request for review is specify the individual producers or which was produced in more than one unable to locate the producer or exporters covered by an antidumping country of origin and each country of exporter for which it requested the finding or an antidumping or origin is subject to a separate order, then review, the interested party must countervailing duty order or suspension the interested party must state provide an explanation of the attempts agreement for which it is requesting a specifically, on an order-by-order basis, it made to locate the producer or review. In addition, a domestic exporter at the same time it files its

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request for review, in order for the All requests must be filed Atmospheric Administration (NOAA), Secretary to determine if the interested electronically in Enforcement and U.S. Department of Commerce. party’s attempts were reasonable, Compliance’s Antidumping and ACTION: Notice; issuance of one renewed pursuant to 19 CFR 351.303(f)(3)(ii). Countervailing Duty Centralized U.S. Endangered Species Act (ESA) As explained in Antidumping and Electronic Service System (ACCESS) on Section 10(a)(1)(A) scientific Countervailing Duty Proceedings: Enforcement and Compliance’s ACCESS enhancement permit (permit 14159–2R). Assessment of Antidumping Duties, 68 website at https://access.trade.gov.6 SUMMARY: FR 23954 (May 6, 2003), and Non- Further, in accordance with 19 CFR Notice is hereby given that Market Economy Antidumping 351.303(f)(l)(i), a copy of each request NMFS has issued a renewed ESA Section 10(a)(1)(A) scientific Proceedings: Assessment of must be served on the petitioner and enhancement permit (permit 14159–2R) Antidumping Duties, 76 FR 65694 each exporter or producer specified in to NMFS’ California Coastal Office in (October 24, 2011), Commerce clarified the request. Long Beach, California. Authorized its practice with respect to the Commerce will publish in the Federal activities under this permit are expected collection of final antidumping duties Register a notice of ‘‘Initiation of to enhance the survival of the on imports of merchandise where Administrative Review of Antidumping endangered Southern California Distinct intermediate firms are involved. The or Countervailing Duty Order, Finding, Population Segment of steelhead public should be aware of this or Suspended Investigation’’ for (Oncorhynchus mykiss) through rescue clarification in determining whether to requests received by the last day of and relocation of at-risk steelhead, request an administrative review of March 2020. If Commerce does not receive, by the last day of March 2020, ecological research, and invasive merchandise subject to antidumping species management. findings and orders.3 a request for review of entries covered ADDRESSES: The application for permit Commerce no longer considers the by an order, finding, or suspended investigation listed in this notice and for 14159–2R and the issued permit are non-market economy (NME) entity as an available for review, by appointment, at exporter conditionally subject to an the period identified above, Commerce will instruct CBP to assess antidumping the foregoing address: California Coastal antidumping duty administrative Office, 501 West Ocean Boulevard, Suite reviews.4 Accordingly, the NME entity or countervailing duties on those entries at a rate equal to the cash deposit of 4200, Long Beach, California 90802 will not be under review unless (phone: 562–980–4026, fax: 562–980– Commerce specifically receives a estimated antidumping or countervailing duties required on those 4027, email at: Matthew.McGoogan@ request for, or self-initiates, a review of noaa.gov). The permit application is 5 entries at the time of entry, or the NME entity. In administrative also available for review online at the reviews of antidumping duty orders on withdrawal from warehouse, for consumption and to continue to collect Authorizations and Permits for merchandise from NME countries where Protected Species website: https:// a review of the NME entity has not been the cash deposit previously ordered. For the first administrative review of apps.nmfs.noaa.gov/. initiated, but where an individual FOR FURTHER INFORMATION CONTACT: Matt exporter for which a review was any order, there will be no assessment of antidumping or countervailing duties McGoogan (phone: 562–980–4026 or initiated does not qualify for a separate email: [email protected]). rate, Commerce will issue a final on entries of subject merchandise SUPPLEMENTARY INFORMATION: decision indicating that the company in entered, or withdrawn from warehouse, question is part of the NME entity. for consumption during the relevant Species Covered in This Notice However, in that situation, because no provisional-measures ‘‘gap’’ period of the order, if such a gap period is Endangered Southern California review of the NME entity was Distinct Population Segment of conducted, the NME entity’s entries applicable to the period of review. This notice is not required by statute steelhead (Oncorhynchus mykiss). were not subject to the review and the but is published as a service to the rate for the NME entity is not subject to Authority international trading community. change as a result of that review Scientific enhancement permits are (although the rate for the individual Dated: February 20, 2020. issued in accordance with section exporter may change as a function of the James Maeder, 10(a)(1)(A) of the ESA (16 U.S.C. 1531 finding that the exporter is part of the Deputy Assistant Secretary for Antidumping et seq.) and regulations governing listed NME entity). Following initiation of an and Countervailing Duty Operations. fish and wildlife permits (50 CFR part antidumping administrative review [FR Doc. 2020–04213 Filed 2–28–20; 8:45 am] 222–227). NMFS may issue a scientific when there is no review requested of the BILLING CODE 3510–DS–P enhancement permit only when such a NME entity, Commerce will instruct permit is determined (1) to be applied CBP to liquidate entries for all exporters for in good faith, (2) will not operate to not named in the initiation notice, DEPARTMENT OF COMMERCE the disadvantage of the listed species including those that were suspended at which are the subject of the permit, and the NME entity rate. National Oceanic and Atmospheric (3) is consistent with the purposes and Administration policies set forth in Section 2 of the 3 See the Enforcement and Compliance website at [RTID 0648–XA045] ESA. Authority to take listed species is https://legacy.trade.gov/enforcement/. subject to conditions set forth in the 4 See Antidumping Proceedings: Announcement Endangered and Threatened Species; permit. of Change in Department Practice for Respondent Take of Anadromous Fish Pursuant to Section 10(c) of the ESA, Selection in Antidumping Duty Proceedings and a notice of receipt for permit 14159–2R’s Conditional Review of the Nonmarket Economy AGENCY: National Marine Fisheries Entity in NME Antidumping Duty Proceedings, 78 application was published in the FR 65963 (November 4, 2013). Service (NMFS), National Oceanic and Federal Register on February 7, 2019 5 In accordance with 19 CFR 351.213(b)(1), parties (84 FR 2492), providing 30 days for should specify that they are requesting a review of 6 See Antidumping and Countervailing Duty entries from exporters comprising the entity, and to Proceedings: Electronic Filing Procedures; public comment prior to permit the extent possible, include the names of such Administrative Protective Order Procedures, 76 FR processing. No comment was received exporters in their request. 39263 (July 6, 2011). on this permit application.

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Permit Issued enforcement of certain ESA provisions. steelhead using hand net or seine, (4) Specific NMFS’ staff listed on the collection and retention of up to 110 Permit 14159–2R permit are authorized to implement this adult and 300 juvenile steelhead On July 30, 2019, the renewed Section research. Ecological research elements carcasses, (5) non-lethal capture and 10(a)(1)(A) scientific enhancement authorized under permit 14159–2R release of up to 5 adult and 600 juvenile permit 14159–2R was issued to NMFS’ involve the following: (1) Salvaging steelhead for the purpose of applying California Coastal Office in Long Beach, steelhead carcasses to assess age, Passive Integrated Transponder-tags, (6) California. This permit authorizes growth, and toxicology; (2) trapping non-lethal capture and release up to activities that are expected to enhance emergent fry to assess spawning 2,000 fry during emergent trapping, (7) the survival of the endangered Southern ecology; (3) capturing juvenile steelhead non-lethal capture of up to 5 juvenile California (SC) Distinct Population to assess the effectiveness of steelhead steelhead while hook-and-line angling, Segment (DPS) of steelhead relocation; (4) collecting and and (8) non-lethal observation of up to (Oncorhynchus mykiss) through (1) maintaining steelhead to improve 2,000 juvenile and 50 adult steelhead rescue and relocation of at-risk species management and protection; during instream snorkel surveys. The steelhead, (2) ecological research, and and (5) developing a predictive model annual unintentional lethal steelhead (3) invasive species management. for the maximum size of juvenile take authorized under permit 14159–2R Activities associated with these three steelhead in streams. Permit 14159–2R is up to 241 juvenile, 100 fry, and 2 primary components could occur authorizes standard scientific methods adult. The annual intentional (directed) anywhere within the range for the SC and procedures (e.g., Passive Integrated lethal take authorized under permit DPS of steelhead. A summary of these Transponder-tagging, fin-clip/DNA 14159–2R is up to 200 steelhead fry. components is provided as follows. analysis, scale sampling, otolith The activities authorized under 1. Rescue and Relocation analysis, anesthesia etc.) to conduct permit 14159–2R are expected to these research elements. enhance survival and support steelhead This component involves rescuing recovery across the entire SC DPS of and relocating steelhead from stream 3. Invasive Species Management steelhead and are consistent with sections experiencing natural NMFS’ recovery plan for endangered recommendations and objectives dewatering during the dry season or SC steelhead highlights non-native outlined in NMFS’ Endangered prolonged periods of below average aquatic plant and animal species as a Southern California Steelhead Recovery rainfall. Specific staff listed on the threat to steelhead in many watersheds Plan. See the application for permit permit from both NMFS and the across the SC DPS of steelhead. Non- 14159–2R and issued permit for greater California Department of Fish and native fish, crustaceans, and amphibians details on the various components of Wildlife (CDFW) are authorized to can harm steelhead indirectly through this scientific enhancement effort conduct relocation activities and will competition for resources (e.g., food, including the specific scientific follow a predetermined communication living space) or degradation of habitat methods and take allotments authorized and documentation protocol while quality and directly through predation for each. implementing these relocation efforts. on steelhead. As such, removing these Standard scientific methods and non-native species is expected to be Dated: February 25, 2020. equipment (e.g., backpack- highly beneficial for steelhead. Specific Angela Somma, electrofishing, nets, seines, portable air NMFS and CDFW staff listed on the Chief, Endangered Species Division, Office pumps, transport containers, water permit are authorized to implement of Protected Resources, National Marine chillers, etc.) are authorized for the standard methods for capture and Fisheries Service. capture and relocation of steelhead. removal of invasive species (e.g., [FR Doc. 2020–04215 Filed 2–28–20; 8:45 am] Captured steelhead will be transported backpack-electrofishing, seining, hand- BILLING CODE 3510–22–P for release into habitats within the same nets, traps, hook-and-line angling, and watershed (when possible) that are spearfishing). Invasive species determined likely to maintain adequate management methods will target CORPORATION FOR NATIONAL AND water and habitat quality through the capture and removal of non-native COMMUNITY SERVICE remainder of the dry season. Because species; however, these activities may this is an endangered population with also result in the capture of steelhead in Guidance Document Portal low abundance, relocating steelhead the process. Steelhead captured during AGENCY: Corporation for National and invasive species management will be (1) from sections of stream where they will Community Service. likely perish is expected to benefit the measured for length and weight, (2) ACTION: survival of this species. potentially have a tissue sample (i.e., fin Notice of availability. clip, scale) taken, and (3) returned 2. Ecological Research SUMMARY: Pursuant to Executive Order unharmed to the stream. Any non-native 13891 and OMB Memorandum M–20– Basic information regarding the species captured will be humanely 02, the Corporation for National and ecology of endangered SC steelhead is euthanized and disposed. Community Service (CNCS) is notifying extremely limited, yet such information Field activities for the various the public of the February 28, 2020 is critical for guiding science-based enhancement components authorized launch of a single, searchable, indexed decisions regarding the conservation of under permit 14159–2R can occur year- database containing all CNCS guidance this species. Field-based investigations round between July 30, 2019 and documents currently in effect. authorized under permit 14159–2R are December 31, 2029. The annual sum of DATES: February 28, 2020. expected to produce much-needed take authorized with permit 14159–2R empirical data, particularly data is as follows: (1) Non-lethal capture and ADDRESSES: www.nationalservice.com/ concerning the ecology of endangered release of up to 4,000 juvenile steelhead guidance. steelhead. The empirical data would while electrofishing, (2) non-lethal FOR FURTHER INFORMATION CONTACT: benefit endangered steelhead through capture and release of up to 200 juvenile Amy Borgstrom, Associate Director of informing species-management and steelhead while seining, (3) non-lethal Policy, [email protected], (202) 606– protection efforts, including capture and release of up to 100 adult 6930.

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SUPPLEMENTARY INFORMATION: Section 3 may be accessed at ACTION: Arms sales notice. of Executive Order 13891 requires www.nationalservice.gov/guidance on federal agencies to ‘‘establish or or after February 28, 2020. SUMMARY: The Department of Defense is maintain on its website a single, (Authority: E.O. 13891, 84 FR 55,235; OMB publishing the unclassified text of an searchable, indexed database that Memorandum M–20–02) arms sales notification. contains or links to all guidance documents in effect from such agency or Dated: February 24, 2020. FOR FURTHER INFORMATION CONTACT: component.’’ Executive Order 13891, 84 Amy Borgstrom, Karma Job at [email protected] or (703) 697–8976. FR 55,235 (October 9, 2019). Associate Director of Policy. Question 1 of OMB Memorandum M– [FR Doc. 2020–04226 Filed 2–28–20; 8:45 am] SUPPLEMENTARY INFORMATION: This 20–02 further requires agencies to ‘‘send BILLING CODE 6050–28–P 36(b)(1) arms sales notification is to the Federal Register a notice published to fulfill the requirements of announcing the existence of the new section 155 of Public Law 104–164 guidance portal and explaining that all dated July 21, 1996. The following is a DEPARTMENT OF DEFENSE guidance documents remaining in effect copy of a letter to the Speaker of the are contained on the new guidance House of Representatives, Transmittal portal.’’ OMB Memorandum M–20–02 Office of the Secretary 19–55, Policy Justification and (October 31, 2019). [Transmittal No. 19–55] Sensitivity of Technology. In compliance with the above, CNCS Dated: February 25, 2020. gives notice of the availability of a Arms Sales Notification single, searchable, indexed database Aaron T. Siegel, containing all CNCS guidance AGENCY: Defense Security Cooperation Alternate OSD Federal Register Liaison documents currently in effect, which Agency, Department of Defense. Officer, Department of Defense.

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Transmittal No. 19-55 Total ...... $ 1.867 bil- Three (3) AMRAAM Guidance Sections lion Notice of Proposed Issuance of Letter of Four (4) AMRAAM Control Sections Offer Pursuant to Section 36(b)(1) of the (iii) Description and Quantity or One hundred thirty-four (134) Stinger Arms Export Control Act, as amended Quantities of Articles or Services under FIM-92L Missiles Consideration for Purchase: India has Non-MDE: (i) Prospective Purchaser: Government requested a possible sale of an Also included are thirty-two (32) of India Integrated Air Defense Weapon System M4A1 rifles; forty thousand three (ii) Total Estimated Value: comprised of: hundred twenty (40,320) M855 5.56mm Major Defense Equipment (MDE): Major Defense Equipment * .. $ 0.492 bil- cartridges; Fire Distribution Centers lion Five (5) AN/MPQ-64Fl Sentinel Radar (FDC); Handheld Remote Terminals; Other ...... $ 1.375 bil- Systems Electrical Optical/Infrared (EO/IR) lion One hundred eighteen (118) AMRAAM Sensor Systems; AMRAAM Non- AIM-120C-7/C-8 Missiles Developmental Item-Airborne

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Instrumentation Units (NDIAIU); Multi- technical documentation; computer Advanced Surface-to-Air Missile System spectral Targeting System-Model A based training equipment; training (NASAMS), a Very Short Range Air (MTS-A); Canister Launchers (CN); High equipment; training towers; ammunition Defense (VSHORAD) capability Mobility Launchers (HML); Dual Mount storage; training and maintenance consisting of the Stinger FIM-92 Stinger (DMS) Air Defense Systems; facilities; infrastructure improvements; Reprogrammable Micro-Processor (RMP) Vehicle Mounted Stinger Rapid Ranger U.S. Government and contractor Block I missile, and small arms. The Air Defense Systems; communications technical support, engineering and IADWS is designed for mid-range air equipment; tool kits; test equipment; logistics support services; warranty defense and can be deployed to engage range and test programs; support services; Systems and Integration fixed wing and rotary wing aircraft, equipment; prime movers; generators; Checkout (SICO); field office support; cruise missiles, and unmanned aerial technical documentation; computer and other related elements of logistics vehicles (UAVs). The IADWS is not a based training equipment; training and program support. The total Program of Record (POR) for the U.S. equipment; training towers; ammunition estimated cost is $1.867 billion. Department of Defense, but the SOS storage; training and maintenance This proposed sale will support the architecture does consist of four PORs: facilities; infrastructure improvements; foreign policy and national security of The U.S. Army’s AN/MPQ-64 Sentinel U.S. Government and contractor the United States by helping to radar, the U.S. Army’s FIM-92L Stinger technical support, engineering and strengthen the U.S.-Indian strategic Missile, U.S. Air Force’s Multi-Spectral logistics support services; warranty relationship and to improve the security Targeting System-A (MTS-A), and the services; Systems and Integration of a major defensive partner, which U.S. Air Force’s AIM-120 Advanced Checkout (SICO); field office support; continues to be an important force for Medium Range Air-to-Air Missile and other related elements of logistics political stability, peace, and economic (AMRAAM). The NASAMS is and program support. progress in the Indo-Pacific and South comprised of U.S. and Norwegian (iv) Military Department: Army (IN-B- Asia region. manufactured components. Norwegian UAP) and Air Force (IN-D-YAC) India intends to use these defense components will be procured by the (v) Prior Related Cases, if any: None articles and services to modernize its Raytheon Company. Norwegian (vi) Sales Commission, Fee, etc., Paid, armed forces, and to expand its existing involvement will be managed by Offered, or Agreed to be Paid: None air defense architecture to counter Raytheon using export authorizations (vii) Sensitivity of Technology threats posed by air attack. This will received from the U.S. Department of Contained in the Defense Article or contribute to India’s military goal to State. Defense Services Proposed to be Sold: update its capability while further 2. The NASAMS Fire Unit (FU) See Attached Annex. enhancing greater interoperability consists of one fire distribution center (viii) Date Report Delivered to between India, the U.S., and other allies. (FDC), one AN/MPQ-64F1 surveillance, Congress: February 7, 2020 India will have no difficulty absorbing acquisition, and tracking radar, 3 truck- * As defined in Section 47(6) of the these systems into its armed forces. mounted Canister Launchers (LCHR) The proposed sale of this equipment Arms Export Control Act. and the High Mobility Launcher (HML) and support will not alter the basic with 6 AMRAAM missiles each, and POLICY JUSTIFICATION military balance in the region. one truck-mounted Electrical Optical/ India—Integrated Air Defense Weapon The principal contractors involved in this program are The Raytheon Infrared (EO/IR) Sensor System, the System (IADWS) and Related MTS-A, for visual target identification Equipment and Support Corporation and Kongsberg Defense and Aerospace. There are no known offset and raid size assessment. The Government of India has agreements proposed in conjunction 3. The command and control entity, requested to buy an Integrated Air with this proposed sale; however, the FDC, is the major operator interface in Defense Weapon System (IADWS) purchaser typically requests offsets. Any NASAMS. It provides all command and comprised of: five (5) AN/MPQ-64Fl offset agreement will be defined in control functionality necessary to Sentinel radar systems; one hundred negotiations between the Purchaser and effectively conduct Air Defense eighteen (118) AMRAAM AIM-120C-7/ the prime contractor(s). missions, both in a stand-alone C-8 missiles; three (3) AMRAAM Implementation of this proposed sale (autonomous) configuration as well as Guidance Sections; four (4) AMRAAM will require 60 U.S. Government or in a netted configuration integrated to Control Sections; and one hundred contractor representatives to travel to other units. The FDC interfaces and thirty-four (134) Stinger FIM-92L India for a period of six weeks (non- controls the MPQ-64F1 Sentinel radar, missiles. Also included are thirty-two concurrent). Activities will include de- the MTS-A EO/IR Sensor and the (32) M4A1 rifles; forty thousand three processing/fielding, training, and Canister and High Mobility-Launchers. hundred twenty (40,320) M855 5.56mm technical/logistics support. In addition, it interfaces and sends cartridges; Fire Distribution Centers There will be no adverse impact on commands to any connected Very Short (FDC); Handheld Remote Terminals; U.S. defense readiness as a result of this Range Air Defense (VSHORAD) Stinger Electrical Optical/Infrared (EO/IR) proposed sale. platforms. The FDC also interfaces Sensor Systems; AMRAAM Non- (voice and data) to the national Developmental Item-Airborne Transmittal No. 19-55 command and control structure. Instrumentation Units (NDIAIU); Multi- Notice of Proposed Issuance of Letter of 4. The AN/MPQ-64F1 Sentinel Radar spectral Targeting System-Model A Offer Pursuant to Section 36(b)(1) of the is the organic mobile Air Defense (MTS-A); Canister Launchers (CN); High Arms Export Control Act acquisition and tracking sensor for the Mobility Launchers (HML); Dual Mount Annex United States Army. Sentinel provides Stinger (DMS) Air Defense Systems; persistent air surveillance and fire Vehicle Mounted Stinger Rapid Ranger Item No. vii control quality data through command Air Defense Systems; communications (vii) Sensitivity of Technology: and control systems to defeat equipment; tool kits; test equipment; 1. The Integrated Air Defense Weapon Unmanned Aerial System (UAS), cruise range and test programs; support System (IADWS) is a System of Systems missiles, and fixed-wind and rotary- equipment; prime movers; generators; (SOS) consisting of the National wing aircraft threats.

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5. The purpose of the Canister crew of three. The RR is integrated by DATES: SCO invites public comment on Launcher (LCHR) and the High Mobility Raytheon with two Stinger Vehicle the scope of this EIS during a 30-day Launcher (HML) is to transport, aim, Universal Launchers (SVULs), a Fire public scoping period commencing and fire the AMRAAM missiles. Under Control System (FCS), and a Command, March 2, 2020, and ending on April 1, the remote control of the Fire Control and Communications (C3) 2020. Public comment may also be Distribution Center (FDC), the LCHR/ System. The RR can interface with made at the public scoping meeting on HML permits rapid launching of one or NASAMS FDC for Target Designation March 18, 2020, in Fort Hall, Idaho (see more missiles against single or multiple and Target Engagement Authorization as ‘‘Public Scoping Meeting,’’ in the targets. The LCHR/HML provides 360- well as autonomous operation. SUPPLEMENTARY INFORMATION section). In degree, all weather, day and night, 12. This sale is necessary in defining the scope of the EIS, SCO will missile launch capability. furtherance of the U.S. foreign policy consider all comments received or 6. The AN/AAS-52 and AN/AAS- and national security objectives postmarked by the end of the scoping 44C(V) Multi-Spectral Targeting System- outlined in the Policy Justification. period. Comments received or A (MTS-A) is a multi-use infrared (IR), Moreover, the benefits to be derived postmarked after the scoping period end electro optical (EO), and laser detecting from this sale, as outlined in the Policy date will be considered to the extent ranging-tracking set originally Justification, outweigh the potential practicable. developed and produced for use by damage that could result if the sensitive ADDRESSES: Written comments airborne platforms. This advanced EO technology were revealed to regarding the scope of the EIS and and IR system provides long-range unauthorized persons. comments or questions on the scoping surveillance, target acquisition, target 13. All defense articles and services process may be sent by any of the tracking, range finding, and laser listed in this transmittal have been designation. It has been adapted for following methods: authorized for release and export to the • _ towers, aerostats, and ground based Government of India. Email: PELE [email protected]. applications. Include ‘‘Prototype Microreactor EIS 7. The AIM-120C-7/C-8 Advanced [FR Doc. 2020–04167 Filed 2–28–20; 8:45 am] Comments’’ in the subject line. Medium Range Air-to-Air Missile BILLING CODE 5001–06–P • Mail: OSD Strategic Capabilities (AMRAAM) is a supersonic, aerial Office, ATTN: Prototype Microreactor intercept, guided missile featuring DEPARTMENT OF DEFENSE EIS Comments, 675 N Randolph Street, digital technology and micro-miniature Arlington, Virginia 22203–2114. solid-state electronics that is also able to Office of the Secretary FOR FURTHER INFORMATION CONTACT: Dr. operate as a ground-based air defense Jeff Waksman, Program Manager; missile capable in all-weather against Notice of Intent To Prepare an address: SCO, 675 N Randolph St, multiple targets in a sophisticated Environmental Impact Statement for Arlington, Virginia 22203–2114; email: electronic attack resistance to electronic Construction and Demonstration of a [email protected]. Persons who use countermeasure, and interception of Prototype Advanced Mobile Nuclear a telecommunications device for the high- and low-flying maneuvering Microreactor deaf (TDD) may call the Federal Relay targets. The AIM-120C-8 is a form, fit, Service (FRS) at 1–800–877–8339 to function refresh of the AIM-120C-7 and AGENCY: Strategic Capabilities Office, Office of the Secretary of Defense, contact the above individual during is the next generation to be produced. normal business hours. The FRS is 8. The VSHORAD system consists of Department of Defense (DoD). available 24 hours a day, 7 days a week, the four Dual Mount Stinger (DMS) ACTION: Notice of intent. to leave a message or question. You will systems, two Rapid Ranger (RR) Stinger receive a reply during normal business Mobile Integrated Defense Systems, and SUMMARY: The DoD, Office of the hours. the Stinger 92L Reprogrammable Micro- Secretary of Defense, acting through the Processor (RMP) Block I missile. Strategic Capabilities Office (SCO), and SUPPLEMENTARY INFORMATION: in partnership with the U.S. Department 9. The Stinger 92L Reprogrammable Purpose and Need for Agency Action Micro-Processor (RMP) Block I missile of Energy, Office of Nuclear Energy is an infrared homing surface-to-air (DOE), proposes to construct and The purpose of the Proposed Action missile that can be adapted to fire from demonstrate a prototype advanced is to construct and demonstrate a a wide variety of ground vehicles. mobile nuclear microreactor (prototype prototype microreactor that would be 10. The DMS System provides a man- microreactor) to support DoD domestic capable of producing 1–10 megawatts of transportable pedestal system that can energy demands and DoD operational electrical power. Pursuant to the be used day or night in any energy demands (Proposed Action). National Defense Authorization Act for environment. The DMS fires two Stinger SCO, as lead agency, in partnership Fiscal Year 2018, Public Law 115–91, missiles, and includes fully integrated with DOE, as a cooperating agency, 131 Stat. 1283, 1857, section 2831, day/night sights with optical zoom intends to prepare an Environmental codified in 10 U.S.C. 2911, the Secretary capability. Included as part of the DMS Impact Statement (EIS) in accordance of Defense has the authority to ‘‘ensure is a ruggedized tablet from which video with the requirements of the National the readiness of the armed forces for output from the visible band day-sight, Environmental Policy Act (NEPA) and their military missions by pursuing IR scene from the night-sight, and target applicable implementing regulations for energy security and energy resilience.’’ cueing data are integrated. Slew-to-cue- the Proposed Action. The EIS also will Further, pursuant to the Consolidated information provides guidance to the cover the planned disposition of the Appropriations Act, 2020, Public Law gunner for target selection. The DMS prototype microreactor following 116–93, section 4, and the Act’s can interface with the NASAMS FDC for operation and demonstration. Through accompanying congressional Target Designation and Target this EIS process, SCO will identify explanatory statement, 165 Engagement Authorization as well as measures to avoid, minimize, or Congressional Record H10613, H10886 autonomous operation. mitigate any negative impacts to human (daily edition December 17, 2019), SCO 11. The Rapid Ranger (RR) consists of health or the environment associated received an appropriation for this a High Mobility Vehicle operated by a with the Proposed Action. prototype microreactor.

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The DoD is one of the largest users of prototype microreactor following comparison with the action alternatives. energy in the world, and projections for operation and demonstration. Under the No Action Alternative, SCO future military operations predict Additionally, there are expected to be would not pursue the construction or energy demand will increase ancillary activities necessary to support demonstration of a prototype significantly in coming years. DoD the Proposed Action. These include the microreactor. The following site features installations need the capability to fabrication of reactor fuel, the assembly are considered necessary for the reduce their present reliance on local of test/experimental modules at Proposed Action and will be used as electric grids, which are highly existing, modified, or newly constructed screening criteria to identify a range of vulnerable to prolonged outages from a test/experiment assembly facilities, and reasonable action alternatives: variety of threats, placing critical the management of waste and spent • A site that has been previously used missions at unacceptably high risk of nuclear fuel. After irradiation of the for nuclear activities that has sufficient extended disruption. Backup power is prototype microreactor, test/ infrastructure to support nuclear often based on diesel generators that experimental cartridges would be operations, including the planned have limited on-site fuel storage, are transferred to post-irradiation disposition of the prototype undersized for new homeland defense examination facilities. SCO would make microreactor following operation and missions, are not prioritized to critical use of existing post-irradiation facilities demonstration. loads, and are inadequate in duration to the extent possible, but existing post- • Access to an electrical grid and a and reliability. Advanced nuclear power irradiation examination facilities may grid independent from the commercial is capable of meeting the DoD’s need to require expansion or modification. grid capable of performing research. increase energy security and resilience, Two locations are required for the • An established control zone (to but must demonstrate its technical and prototype construction and facilitate emergency planning for safety specifications at full size and demonstration. One would be inside an reactors with safety features not power. existing structure, and the second previously demonstrated). The microreactor must keep radiation would be outside. The potential indoor • Adjacent nuclear facilities available exposure during power operation, location would utilize existing for examination and characterization of abnormal operations, or upset infrastructure for initial deployment in radioactive components and materials conditions, as low as reasonably a containment structure. The second (e.g., hot cells, analytical chemistry). achievable. SCO seeks to produce a location would be an outdoor site and • Ability to manufacture and test prototype that will minimize would also utilize existing facilities and shielding for the prototype microreactor. consequences to the nearby infrastructure. • Variable climate conditions that are environment and population in case of The joint effort between SCO and suitable demonstration conditions. kinetic or non-kinetic action affecting DOE established by interagency • Sufficient space for transportation structural integrity or release of agreement will make use of DOE and operational testing and evaluation contamination. Further, SCO seeks to expertise, material, laboratories, and of the mobility of the prototype utilize nuclear materials in the authority to construct and demonstrate microreactor or its components within construction of a prototype microreactor this prototype microreactor. DOE will the boundaries of the site, including that, if damaged, do not generate and provide SCO regulatory oversight and both indoor and outdoor testing impose excessive training and expertise on technical, safety, facilities. equipping burdens on forward area first environmental, and health requirements • A site that is or can be subject to responders, site medical facilities, or applicable to the construction and DOE authority or control. supported military personnel and the demonstration of the prototype The range of action alternatives may civilian population. microreactor. DoD plans to request consider multiple sites or multiple authorization from the DOE pursuant to locations within one site. SCO has Proposed Action its authority under the Atomic Energy identified the following potential sites The prototype microreactor is Act (42 U.S.C. 2121(b), 2140) and as locations for the Proposed Action: expected to be a small advanced gas National Security Decision Directive Idaho National Laboratory (INL), and reactor (AGR) using high-assay low 282, September 30, 1987, for the Oak Ridge National Laboratory (ORNL). enriched uranium (HALEU) tristructural acquisition and operation of a prototype Within the INL site, the following isotropic (TRISO) fuel and air cooling. reactor. The Nuclear Regulatory specific options for indoor and outdoor TRISO fuel is encapsulated and has Commission (NRC), consistent with its facilities have been identified for been demonstrated in the laboratory to role as an independent safety and inclusion in the range of alternatives to be able to withstand temperatures up to security regulator, is participating in be considered: 1,800 degrees Celsius, allowing for an this project to provide SCO with The following indoor locations at INL inherently safe prototype microreactor. accurate, current information on the will be considered: The Proposed Action includes NRC’s regulations and licensing (a) Chemical Processing Plant 691 construction of the prototype processes in connection with (CPP–691) situated within the Idaho microreactor and demonstration construction and demonstration of a Nuclear Technology and Engineering activities. The demonstration activities prototype advanced mobile nuclear Center (INTEC); may include testing of project materials, microreactor. Consistent with an (b) Experimental Breeder Reactor II startup and transient testing and authorization by the Secretary of (EBR II) situated within the Materials evaluation of the constructed prototype Energy, the prototype microreactor does and Fuels Complex (MFC); microreactor, transportation and not require a NRC license. (c) Power Burst Facility 613, situated operational testing of the prototype within the Critical Infrastructure Test microreactor or its components within Alternatives Range Complex (CITRC); or the boundaries of the selected site to test SCO will evaluate a range of (d) Alternate facilities and and evaluate prototype microreactor reasonable alternatives for the Proposed infrastructure identified during the mobility, and post-irradiation testing of Action in the EIS. As required by NEPA, scoping process. project materials. The EIS also will the alternatives will include a No The following outdoor locations at cover the planned disposition of the Action Alternative to serve as a basis for INL will be considered:

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(a) Near the Materials and Fuels potential issues to be considered in the DELAWARE RIVER BASIN Complex (MFC); Draft EIS. COMMISSION (b) Within the Critical Infrastructure Public Scoping Meeting [Docket D–2017–009–2] Test Range Complex (CITRC); or (c) Alternate facilities and SCO, acting on behalf of DoD, will Adjudicatory Hearing and Additional infrastructure identified during the host a public scoping meeting to Written Comment Period scoping process. provide the public with information The indoor and outdoor locations at AGENCY: Delaware River Basin about the NEPA process and to invite Commission. INL were identified during preliminary public comments on the scope of this ACTION: Notice. planning for the preparation of this EIS. The public meeting will begin with notice. If multiple indoor or outdoor a presentation on the NEPA process and SUMMARY: The Delaware River Basin locations at ORNL prove suitable as then a presentation on the Proposed Commission will hold an adjudicatory action alternatives during the EIS Action and the alternatives. Following hearing (a trial-like proceeding) process, SCO will analyze those the presentations, there will be a commencing April 15, 2020 on Docket locations individually in the same moderated session during which D–2017–009–2, issued by the manner. members of the public can provide oral Commission on June 12, 2019, to Through the EIS process, the required comments on the scope of the EIS Delaware River Partners, LLC for the site features will be used to identify a analysis. Commenters will be allowed project known as Gibbstown Logistics range of reasonable action alternatives Center Dock 2. The purpose of the to be considered in the EIS. SCO will three minutes to provide comments, which will be recorded. hearing is to afford objectors an consider any scoping comments on opportunity to show that the alternative sites, and plans to evaluate The public meeting will be held on Commission’s docket approval should multiple locations to ensure specific March 18, 2020, at 5:00 p.m. Mountain be changed. The Commission will facilities and infrastructure are Daylight Time at: Shoshone-Bannock accept additional written comment on recommended that minimize Event Center, Fort Hall Indian this matter during the pendency of the environmental impacts. Reservation, 777 Bannock Trail, Fort hearing, through April 24, 2020. Impacts Analysis Hall, Idaho 83203. DATES: The hearing commencing on For those who cannot attend the April 15, 2020 will run from 9 a.m. until The EIS will include an analysis of no later than 4 p.m. and will continue potential impacts to the quality of the public meeting in-person but are on successive business days until human environment from the range of interested in watching the complete. The start time on successive reasonable Action Alternatives, and the presentations, there will be two options days will be determined by the Hearing No Action Alternative. Because the for viewing. The first option is a live Officer at the close of each day’s specific design of the prototype will be webcast of the public meeting. The proceedings and will be posted on the unknown during the preparation of the second option is viewing a recording of DRBC website, www.drbc.gov (see link EIS, SCO will consider potential the public meeting. The internet address under ‘‘Recent Postings’’) each day after environmental impacts from all for the live webcast and rebroadcast of 4 p.m. Additional written comments on reasonable designs that are under the public meeting presentations is Docket D–2017–009–2 will be accepted consideration. The EIS will analyze https://www.cto.mil/pele_eis/. through 5 p.m. on April 24, 2020. impacts of the Proposed Action to EIS Preparation and Schedule natural and cultural resources, to ADDRESSES: The hearing will take place at the State of New Jersey Office of include Native American resources and Following the scoping period concerns; to public health from Administrative Law, Quakerbridge Plaza announced in this Notice of Intent, and Building 9, Mercerville (Hamilton), NJ potential exposure to radionuclides after consideration of all comments under routine and credible accident or 08619, Hearing Room 1. Additional received during scoping, SCO will written comments on Docket D–2017– emergency scenarios including natural prepare a Draft EIS for the construction disasters such as floods, hurricanes, 009–2 may be submitted through the and demonstration of the prototype tornadoes, or seismic events; any Commission’s web-based comment microreactor. Once the Draft EIS is disproportionately high and adverse system, a link to which is provided at completed, it will be made available for effects on minority and low-income www.drbc.gov. Use of the web-based populations (i.e., environmental justice a 45-day public review and comment system ensures that all submissions are impacts); and potential impacts of period. SCO will announce the captured in a single location and their intentional destructive acts, including availability of the Draft EIS in the receipt is acknowledged. Exceptions to sabotage and terrorism, as well as other Federal Register and local media the use of this system are available issues that may emerge during the outlets. SCO expects the Draft EIS will based on need, by writing to the scoping process. be available for public review and attention of the Commission Secretary, comment in 2021. All interested parties DRBC, P.O. Box 7360, 25 Cosey Road, Public Scoping Process are encouraged to respond to this notice West Trenton, NJ 08628–0360. For SCO invites Federal agencies, state, and provide a current address if they assistance, please contact Giselle local, and tribal governments, and the wish to be notified of the Draft EIS Hernandez at giselle.hernandez@ general public to comment on the scope circulation. drbc.gov. of the EIS. This includes any comments Dated: February 20, 2020. SUPPLEMENTARY INFORMATION: The on the identification of reasonable Commission on June 6, 2019 held a duly alternatives and specific environmental Aaron T. Siegel, noticed public hearing on a draft of issues to be addressed. Analysis of Alternate OSD Federal Register Liaison Docket D–2017–009–2 for the written and oral public comments Officer, Department of Defense. Gibbstown Logistics Center Dock 2. The provided during the scoping period will [FR Doc. 2020–03809 Filed 2–28–20; 8:45 am] Commission accepted written comment help further identify concerns and BILLING CODE 5001–06–P on the draft docket through 5 p.m. on

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June 7, 2019. Pursuant to Section 3.8 of Article 8 (Subpart H) of the Rules of system known as ‘‘G5’’ at www.g5.gov. the Delaware River Basin Compact, Practice and Procedure. See https:// Additionally, individuals interested in Public Law 87–328, 75 Stat. 688, the www.state.nj.us/drbc/about/public/ serving as peer reviewers for an OESE Commission by unanimous vote at its records-access.html for details, and/or competition should also submit their regularly scheduled quarterly business contact Denise McHugh at 609–883– resumes by electronic mail to the meeting on June 12, 2019 approved the 9500, ext. 240. following email address: final docket, incorporating changes Dated: February 14, 2020. [email protected] made in response to comments received Pamela M. Bush, with the subject line ‘‘Prospective 2020 on the draft. In accordance with Article Peer Reviewer.’’ 6 (Subpart F) of the Commission’s Rules Commission Secretary and Assistant General Counsel. FOR FURTHER INFORMATION CONTACT: of Practice and Procedure, The OESE: State and Grantee Relations, U.S. Delaware Riverkeeper and The Delaware [FR Doc. 2020–03516 Filed 2–28–20; 8:45 am] BILLING CODE 6360–01–P Department of Education, 400 Maryland Riverkeeper Network (collectively, Avenue SW, Washington, DC 20202– ‘‘DRN’’) by letter dated July 11, 2019 7240. Telephone: (202) 453–5563. requested an adjudicatory hearing on DEPARTMENT OF EDUCATION Email: OESEPeerReviewRecruitment@ the docket approval, and during its ed.gov. OPE: Tonya Hardin, U.S. business meeting of September 11, 2019, Peer Review Opportunities With the Department of Education, 400 Maryland the Commission granted DRN’s request. Avenue SW, Room 278–12, Washington, Copies of Docket D–2017–009–2 as U.S. Department of Education’s Office DC 20202. Telephone: (202) 453–7694. approved, staff’s memo responding to of Elementary and Secondary Email: [email protected]. OSERS: comments received on the draft docket, Education, Office of Postsecondary Michael Gross, U.S. Department of DRN’s request for an administrative Education, and Office of Special Education, 400 Maryland Avenue SW, hearing on the approval, and Minutes of Education and Rehabilitative Services Room 5103, Potomac Center Plaza, the Commission’s meetings of June 12 AGENCY: Office of Elementary and Washington, DC 20202–5076. and September 11, 2019 are available on Secondary Education, Office of Telephone: (202) 245–6718. Email: the Commission’s website at drbc.gov Postsecondary Education, and Office of [email protected]. (see link under ‘‘Recent Postings’’). Special Education and Rehabilitative If you use a telecommunications Hearing Procedure. The adjudicatory Services, Department of Education. hearing, a trial-like proceeding, will be device for the deaf (TDD) or a text ACTION: conducted pursuant to Article 6 Announcement. telephone (TTY), call the Federal Relay (Subpart F) of the Rules of Practice and SUMMARY: The U.S. Department of Service (FRS), toll free, at 1–800–877– Procedure—Sections 2.6.1 through Education (Department) announces 8339. 2.6.10 (18 CFR 401.71—401.90). opportunities for individuals to SUPPLEMENTARY INFORMATION: The Participants are limited to those participate in its peer review process by mission of the Department is to promote interested parties who have been reviewing applications for competitive student achievement and preparation identified pursuant to Section 2.6.4(a) grant funding. for global competitiveness by fostering (18 CFR 401.84(a)), consisting of docket DATES: Requests to serve as a peer educational excellence and ensuring holder Delaware River Partners, LLC; reviewer will be accepted on an ongoing equal access. The Department pursues objector DRN; and members of the basis aligned with this year’s grant its mission by funding programs that Commission staff. To attend the Adjudicatory Hearing. competition schedule. The Department’s will improve access to high-quality Limited seating—an estimated 40 peer review began in January 2020 and educational opportunities and programs places—will be available for the general will continue through the end of the that pursue innovations in teaching and public on a first-come first-served basis. calendar year. A list of grant programs learning. Grant funds are awarded to Doors open at 8 a.m. Members of the with expected competitions during this State educational agencies, local public will not be afforded an timeframe is posted on the Department’s educational agencies (i.e., school opportunity to speak during the hearing. website under ‘‘Forecast of Funding districts), nonprofit organizations, Accommodations for Special Needs. Opportunities’’ at https://www2.ed.gov/ institutions of higher education (IHEs), Individuals in need of an fund/grant/find/edlite-forecast.html. and other entities through a competitive accommodation as provided for in the Although the list in this link is inclusive process referred to as a grant Americans with Disabilities Act who of all Department grant competitions for competition. wish to attend the adjudicatory hearing which peer reviewers are needed, this Each year, typically beginning in should contact the Commission notice highlights the specific needs of January, the Department convenes Secretary directly at 609–883–9500 ext. the Office of Elementary and Secondary panels of external education 203 or through the Telecommunications Education (OESE—Chart 2), the Office professionals and practitioners to serve Relay Services (TRS) at 711, to discuss of Postsecondary Education (OPE— as peer reviewers. Peer reviewers how we can accommodate your needs. Chart 3), and the Office of Special evaluate and score submitted Updates. Because the daily start time Education and Rehabilitative Services applications against program-specific and the duration of the adjudicatory (OSERS—Charts 4 and 4b). The criteria. Application scores are then hearing in its entirety cannot be pre- Department will accept submissions used to inform the Secretary’s funding determined, between April 15, 2020 and throughout the year on a rolling basis. decisions. the close of the hearing, the next day’s Requests to serve as a peer reviewer This year, OESE plans to manage over start time will be posted after 4 p.m. on should be submitted four weeks prior to 20 grant competitions to fund a range of the DRBC website, www.drbc.gov (see the program’s application deadline projects that support community link under ‘‘Recent Postings’’). noted on the forecast page. schools, early learning, education Additional Information, Contacts. ADDRESSES: An individual interested in innovation and research, educator Additional public records relating to serving as a peer reviewer must register development, charter and magnet Docket D–2017–009–2 may be obtained and upload his or her resume in the schools, literacy, private school through a request in accordance with Department’s grants management vouchers, school improvement, school

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safety, and American Indian/Alaska advocates. Peer reviewers can be active Requests to serve as a peer reviewer Native education. education professionals, in any should be submitted four weeks prior to Similarly, OPE expects to conduct educational level or sector, or those who the program’s application deadline, nearly 20 grant competitions to fund a are retired but stay informed of current noted on the forecast page, to provide wide range of projects, including: educational content and issues. No prior program offices with sufficient time to Projects to support improvements in experience as a peer reviewer is review resumes and determine an educational quality, management, and required. individual’s suitability to serve as a peer financial stability at colleges that enroll Peer reviewers for each competition reviewer for a specific competition. If high numbers of minority and will be selected based on several factors, you are selected to serve as a peer financially disadvantaged students; including each reviewer’s program- reviewer, the program office will contact projects to provide high-quality support specific expertise; the number of services to improve retention and applications to be reviewed; and the you. graduation rates of low-income and first availability of prospective reviewers. Accessible Format: Individuals with generation college students; projects Individuals selected to serve as peer disabilities can obtain this document in designed to strengthen foreign language reviewers are expected to participate in an accessible format (e.g., braille, large instruction, area and international training; independently read, score, and print, audiotape, or compact disc) on studies teaching and research, provide written evaluative comments on request to the person listed under FOR professional development for educators, assigned applications; and participate in FURTHER INFORMATION CONTACT. and curriculum development at the K– facilitated panel discussions. Panel Electronic Access to This Document: 12, graduate, and postsecondary levels; discussions are held in person in the and other innovative projects designed Washington, DC area or via conference The official version of this document is to improve postsecondary education. calls. The time commitment for peer the document published in the Federal OSERS expects to conduct reviewers can range from a few to Register. You may access the official approximately 24 grant competitions to several hours a day over a period of one edition of the Federal Register and the fund a wide range of projects, which to four weeks. Peer reviewers receive an Code of Federal Regulations at will take place between April 2020 and honorarium payment as monetary www.gpo.gov/fdsys. At this site you can September 2020. Specifically, the compensation for successfully view this document, as well as all other competitions in OSERS’ Office of reviewing applications and are documents of this Department Special Education Programs (OSEP) will compensated for travel and per diem for published in the Federal Register, in include State Personnel Development panel discussions that take place in text or Portable Document Format Grants (SPDG), Personnel Development person in the Washington, DC area. (PDF). To use PDF you must have (PD), Technical Assistance and If you are interested in serving as a Adobe Acrobat Reader, which is Dissemination (TA&D), Educational peer reviewer for the Department, you available free at the site. Technology, Media, and Materials should first review the program web (ETechM2), Parent Training and pages of the grant programs that match You may also access documents of the Information, and Technical Assistance your area of expertise. You can access Department published in the Federal on State Data Collection. The information on each grant program from Register by using the article search competitions in OSERS’ Rehabilitation the link provided on the Department’s feature at www.federalregister.gov. Services Administration (RSA) will grants forecast page at https:// Specifically, through the advanced include Rehabilitation Long-Term www2.ed.gov/fund/grant/find/edlite- search feature at this site, you can limit Training, Demonstration and Training forecast.html. If you have documented your search to documents published by Programs, Innovative Rehabilitation experience that you believe qualifies the Department. Training, Parent Training and you to serve as a peer reviewer for one Program Authority: Elementary and Information, American Indian or more specific grant programs, please Secondary Education Act of 1965, as Vocational Rehabilitation Services register in G5, at www.g5.gov, which amended (20 U.S.C. 6301 et seq.), (AIVRS), Vocational Rehabilitation allows the Department to manage and Higher Education Act of 1965, as Technical Assistance Centers, Capacity assign potential peer reviewers to amended (20 U.S.C. 1001 et seq.), Building, and Independent Living competitions that may draw upon their Individuals with Disabilities Education Services for Older Individuals Who Are professional backgrounds and expertise. Blind (OIB). A toolkit that includes helpful Act (20 U.S.C. 1400 et seq.), and the The Department seeks to expand its information on how to be considered as Rehabilitation Act of 1973, as amended pool of peer reviewers to ensure that a peer reviewer for programs by the Workforce Innovation and applications are evaluated by administered by the Department can be Opportunity Act (29 U.S.C. 701 et seq.). individuals with up-to-date and relevant found at https://www2.ed.gov/ Dated: February 25, 2020. knowledge of educational interventions documents/peer-review/peer-reviewer- Frank T. Brogan, and practices across the learning toolkit.pptx. continuum, from early education to If you have interest in serving as a Assistant Secretary for Elementary and Secondary Education. college and career, and a variety of reviewer specifically for OESE learning settings, including early competitions (Chart 2) also send your Robert L. King, learning centers, charter schools, public resume to OESEPeerReview Assistant Secretary for Postsecondary schools, Tribally-operated schools, and [email protected]. The subject line of Education. private schools. Department peer the email should read ‘‘Prospective 2020 Mark Schultz, reviewers are education professionals Peer Reviewer.’’ In the body of the email Delegated the authority to perform the who have gained subject matter list all programs for which you would functions and duties of the Assistant expertise through their education and like to be considered to serve as a peer Secretary for the Office of Special Education work, for example, as teachers, reviewer. Neither the submission of a and Rehabilitative Services. professors, principals, administrators, resume nor registration in G5 guarantees [FR Doc. 2020–04148 Filed 2–28–20; 8:45 am] school counselors, researchers, you will be selected to be a peer BILLING CODE 4000–01–P evaluators, content developers, and reviewer.

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DEPARTMENT OF EDUCATION CONTACT, we are revising the contact for DEPARTMENT OF ENERGY questions about the Formula Grants Indian Education Formula Grants to program to: ‘‘Dr. Crystal C. Moore, U.S. Biomass Research and Development Local Educational Agencies Department of Education, 400 Maryland Technical Advisory Committee Avenue SW, Room 3W236, Washington, AGENCY: Office of Elementary and AGENCY: Office of Energy Efficiency and DC 20202–6335. Telephone: (202) 453– Secondary Education, Department of Renewable Energy, Department of 5593. Email: [email protected].’’ Education. Energy. 3. On page 7300, in the left column, ACTION: Notice; correction. under the heading ‘‘IV. Application and ACTION: Notice of Open Meeting. Submission Information,’’ in the sixth SUMMARY: On February 7, 2020, the U.S. SUMMARY: This notice announces an Department of Education (Department) line of paragraph (a)(i) of section 2 open meeting of the Biomass Research published in the Federal Register (85 ‘‘Content and Form of Application and Development Technical Advisory FR 7298) a notice inviting applications Submission,’’ we are revising the date Committee. The Federal Advisory (NIA) for new awards for fiscal year (FY) to: March 12, 2020. Committee Act requires that agencies 4. On page 7300, in the middle 2020 for the Indian Education Formula publish these notices in the Federal column, under the heading ‘‘IV. Grants to Local Educational Agencies Register to allow for public Application and Submission (Formula Grants) program, Catalog of participation. Federal Domestic Assistance (CFDA) Information,’’ in paragraph (a)(ii) of DATES: March 24, 2020; 8:00 a.m.–5:00 number 84.060A. We are correcting the section 2 ‘‘Content and Form of p.m. deadline for transmittal of Part I of Application Submission,’’ we are March 25, 2020; 1:00 p.m.–4:30 p.m. Electronic Application System for revising the date beginning on the Indian Education (EASIE) applications second line of the middle column to: ADDRESSES: DoubleTree by Hilton and correcting the Formula Grants March 12, 2020. Washington DC—Crystal City, 300 Army program contact. 5. On page 7300, under the heading Navy Drive, Arlington, VA 22202. ‘‘IV. Application and Submission DATES: Deadline for Transmittal of FOR FURTHER INFORMATION CONTACT: Dr. Information,’’ in section 3 ‘‘Submission EASIE Part I: March 12, 2020. Ian Rowe, Designated Federal Official Dates and Times,’’ we are revising the FOR FURTHER INFORMATION CONTACT: Dr. for the Committee, Office of Energy date following ‘‘Deadline for Efficiency and Renewable Energy, U.S. Crystal C. Moore, U.S. Department of Transmittal of EASIE Part I’’ to: March Education, 400 Maryland Avenue SW, Department of Energy, 1000 12, 2020. Independence Avenue SW, Washington, Room 3W236, Washington, DC 20202– Program Authority: 20 U.S.C. 7421, et 5970. Telephone: (202) 453–5593. DC 20585; at (202) 586–7720 or email: seq. [email protected]. Email: [email protected]. Accessible Format: Individuals with SUPPLEMENTARY INFORMATION: If you use a telecommunications disabilities can obtain this document device for the deaf (TDD) or a text and a copy of the application package in Purpose of Meeting: To develop telephone (TTY), call the Federal Relay an accessible format (e.g., braille, large advice and guidance that promotes Service, toll free, at 1–800–877–8339. print, audiotape, or compact disc) on research and development leading to the SUPPLEMENTARY INFORMATION: On request to the program contact person production of biobased fuels and biobased products. February 7, 2020, we published in the listed under FOR FURTHER INFORMATION Federal Register (85 FR 7298) an NIA Tentative Agenda: CONTACT. • for new awards for FY 2020 for the Electronic Access to This Document: Update on USDA Biomass R&D Formula Grants program. In the NIA, we Activities The official version of this document is • incorrectly stated the deadline for the document published in the Federal Update on DOE Biomass R&D Activities transmittal of Part I of EASIE Register. You may access the official • applications. The correct application edition of the Federal Register and the Presentations from government and deadline date is March 12, 2020. Code of Federal Regulations at: industry that provide insights on Applicants must submit their www.govinfo.gov. At this site you can sustainable aviation fuels. Public Participation: In keeping with applications by 8:00 p.m., Eastern Time, view this document, as well as all other procedures, members of the public are on such date. Additionally, we are documents of this Department welcome to observe the business of the correcting the program contact to: Dr. published in the Federal Register, in Biomass Research and Development Crystal C. Moore, U.S. Department of text or Portable Document Format Technical Advisory Committee. To Education, 400 Maryland Avenue SW, (PDF). To use PDF you must have attend the meeting and/or to make oral Room 3W236, Washington, DC 20202– Adobe Acrobat Reader, which is statements regarding any of the items on 6335. Telephone: (202) 453–5593. available free at the site. Email: [email protected]. You may also access documents of the the agenda, you must contact Dr. Ian All other requirements and conditions Department published in the Federal Rowe at (202) 586–7720 or email: stated in the NIA remain the same. Register by using the article search [email protected] at least 5 business days prior to the meeting. Members of Corrections feature at: www.federalregister.gov. Specifically, through the advanced the public will be heard in the order in In FR Document 2020–02476 search feature at this site, you can limit which they sign up at the beginning of appearing on page 7298 in the Federal your search to documents published by the meeting. Reasonable provision will Register on February 7, 2020, the the Department. be made to include the scheduled oral following corrections are made: statements on the agenda. The Co-chairs 1. On page 7299, in the left column, Dated: February 26, 2020. of the Committee will make every effort under DATES, we are revising the date Frank T. Brogan, to hear the views of all interested following ‘‘Deadline for Transmittal of Assistant Secretary for Elementary and parties. If you would like to file a EASIE Part I’’ to: March 12, 2020. Secondary Education. written statement with the Committee, 2. On page 7299, in the left column, [FR Doc. 2020–04255 Filed 2–28–20; 8:45 am] you may do so either before or after the under FOR FURTHER INFORMATION BILLING CODE 4000–01–P meeting. The Co-chairs will conduct the

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meeting to facilitate the orderly conduct concerns about the project. Your to www.ferc.gov/docs-filing/ of business. comments should focus on the potential esubscription.asp. Minutes: The summary of the meeting environmental effects, reasonable For your convenience, there are three will be available for public review and alternatives, and measures to avoid or methods you can use to submit your copying at http://biomassboard.gov/ lessen environmental impacts. Your comments to the Commission. The committee/meetings.html. input will help the Commission staff Commission encourages electronic filing Signed in Washington, DC, on February 25, determine what issues they need to of comments and has staff available to 2020. evaluate in the EA. Commission staff assist you at (866) 208–3676 or LaTanya Butler, will consider all filed comments during [email protected]. Please Deputy Committee Management Officer. the preparation of the EA. carefully follow these instructions so If you sent comments on this project [FR Doc. 2020–04206 Filed 2–28–20; 8:45 am] that your comments are properly to the Commission before the opening of recorded. BILLING CODE 6450–01–P this docket on January 22, 2020, you (1) You can file your comments will need to file those comments in electronically using the eComment Docket No. CP20–37–000 to ensure they DEPARTMENT OF ENERGY feature, which is located on the are considered as part of this Commission’s website (www.ferc.gov) proceeding. Federal Energy Regulatory under the link to Documents and This notice is being sent to the Commission Filings. Using eComment is an easy Commission’s current environmental method for submitting brief, text-only [Docket No. CP20–37–000] mailing list for this project. State and comments on a project; local government representatives should Texas Eastern Transmission, LP; (2) You can file your comments Notice of Intent To Prepare an notify their constituents of this proposed project and encourage them to electronically by using the eFiling Environmental Assessment for the feature, which is located on the Proposed Lily Expansion Project and comment on their areas of concern. If you are a landowner receiving this Commission’s website (www.ferc.gov) Request for Comments on under the link to Documents and Environmental Issue notice, a pipeline company representative may contact you about Filings. With eFiling, you can provide The staff of the Federal Energy the acquisition of an easement to comments in a variety of formats by Regulatory Commission (FERC or construct, operate, and maintain the attaching them as a file with your Commission) will prepare an proposed facilities. The company would submission. New eFiling users must environmental assessment (EA) that will seek to negotiate a mutually acceptable first create an account by clicking on discuss the environmental impacts of easement agreement. You are not eRegister. You will be asked to select the the Lily Expansion Project involving required to enter into an agreement. type of filing you are making; a construction and operation of facilities However, if the Commission approves comment on a particular project is by Texas Eastern Transmission LP the project, that approval conveys with considered a ‘‘Comment on a Filing’’; or (Texas Eastern) in Cambria County, it the right of eminent domain. (3) You can file a paper copy of your Pennsylvania. The Commission will use Therefore, if you and the company do comments by mailing them to the this EA in its decision-making process not reach an easement agreement, the following address. Be sure to reference to determine whether the project is in pipeline company could initiate the project docket number (CP20–37– the public convenience and necessity. condemnation proceedings in court. In 000) with your submission: Kimberly D. This notice announces the opening of such instances, compensation would be Bose, Secretary, Federal Energy the scoping process the Commission determined by a judge in accordance Regulatory Commission, 888 First Street will use to gather input from the public with state law. NE, Room 1A, Washington, DC 20426 and interested agencies about issues Texas Eastern provided landowners Summary of the Proposed Project regarding the project. The National with a fact sheet prepared by the FERC Environmental Policy Act (NEPA) entitled An Interstate Natural Gas Texas Eastern proposes to remove requires the Commission to take into Facility On My Land? What Do I Need from service and replace four existing account the environmental impacts that To Know? This fact sheet addresses a compressor units at its Lily Compressor could result from its action whenever it number of typically asked questions, Station (CS) in Cambria County, considers the issuance of a Certificate of including the use of eminent domain Pennsylvania with two new, more Public Convenience and Necessity. and how to participate in the efficient, units to comply with future air NEPA also requires the Commission to Commission’s proceedings. It is also emission reduction requirements of the discover concerns the public may have available for viewing on the FERC Commonwealth of Pennsylvania. A new about proposals. This process is referred website (www.ferc.gov) at https:// compressor building to house the two to as ‘‘scoping.’’ The main goal of the www.ferc.gov/resources/guides/gas/ new units, and a new stormwater scoping process is to focus the analysis gas.pdf. management retention basin would also in the EA on the important Public Participation be constructed as part of the Project. environmental issues. By this notice, the The general location of the project Commission requests public comments The Commission offers a free service facilities is shown in appendix 1.1 on the scope of the issues to address in called eSubscription which makes it the EA. To ensure that your comments easy to stay informed of all issuances 1 The appendices referenced in this notice will are timely and properly recorded, please and submittals regarding the dockets/ not appear in the Federal Register. Copies of submit your comments so that the projects to which you subscribe. These appendices were sent to all those receiving this Commission receives them in instant email notifications are the fastest notice in the mail and are available at www.ferc.gov Washington, DC on or before 5:00 p.m. way to receive notification and provide using the link called eLibrary or from the Commission’s Public Reference Room, 888 First Eastern Time on March 26, 2020. a link to the document files which can Street NE, Washington, DC 20426, or call (202) 502– You can make a difference by reduce the amount of time you spend 8371. For instructions on connecting to eLibrary, submitting your specific comments or researching proceedings. To sign up go refer to the last page of this notice.

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Land Requirements for Construction request cooperating agency status sent to the environmental mailing list Construction of the Project would should follow the instructions for filing and will provide instructions to access disturb about 31.8 acres of land within comments provided under the Public the electronic document on the FERC’s Texas Eastern’s existing property. Of Participation section of this notice. website (www.ferc.gov). If you need to make changes to your name/address, or that, approximately 15.6 acres are Consultation Under Section 106 of the if you would like to remove your name within the existing fenceline of the Lily National Historic Preservation Act CS, and approximately 16.0 acres of from the mailing list, please return the In accordance with the Advisory attached ‘‘Mailing List Update Form’’ additional temporary workspace are Council on Historic Preservation’s (appendix 2). outside of the station fenceline, the implementing regulations for section majority of which is actively maintained 106 of the National Historic Additional Information pipeline transmission right-of-way. No Preservation Act, the Commission is Additional information about the additional land outside of Texas Eastern using this notice to initiate consultation project is available from the property would be acquired or with the applicable State Historic Commission’s Office of External Affairs, maintained to construct and operate the Preservation Offices (SHPO), and to at (866) 208–FERC, or on the FERC Project. solicit their views and those of other website at www.ferc.gov using the The EA Process government agencies, interested Indian eLibrary link. Click on the eLibrary link, tribes, and the public on the project’s click on General Search and enter the The EA will discuss impacts that potential effects on historic properties.4 docket number in the Docket Number could occur as a result of the Commission staff will define the field, excluding the last three digits (i.e., construction and operation of the project-specific Area of Potential Effects CP20–37). Be sure you have selected an proposed project under these general (APE) in consultation with the SHPO as appropriate date range. For assistance, headings: the project develops. On natural gas please contact FERC Online Support at • Geology and soils; facility projects, the APE at a minimum [email protected] or (866) • water resources and wetlands; encompasses all areas subject to ground 208–3676, or for TTY, contact (202) • vegetation and wildlife; disturbance (examples include 502–8659. The eLibrary link also • threatened and endangered species; construction right-of-way, contractor/ provides access to the texts of all formal • cultural resources; pipe storage yards, compressor stations, documents issued by the Commission, • land use; and access roads). The EA for this such as orders, notices, and • air quality and noise; • project will document findings on the rulemakings. public safety; and Public sessions or site visits will be • impacts on historic properties and cumulative impacts. posted on the Commission’s calendar Commission staff will also evaluate summarize the status of consultations under section 106. located at www.ferc.gov/EventCalendar/ reasonable alternatives to the proposed EventsList.aspx along with other related project or portions of the project, and Environmental Mailing List information. make recommendations on how to The environmental mailing list Dated: February 25, 2020. lessen or avoid impacts on the various includes federal, state, and local resource areas. Kimberly D. Bose, government representatives and Secretary. The EA will present Commission agencies; elected officials; [FR Doc. 2020–04221 Filed 2–28–20; 8:45 am] staffs’ independent analysis of the environmental and public interest issues. The EA will be available in groups; Native American Tribes; other BILLING CODE 6717–01–P electronic format in the public record interested parties; and local libraries through eLibrary 2 and the and newspapers. This list also includes DEPARTMENT OF ENERGY Commission’s website (https:// all affected landowners (as defined in www.ferc.gov/industries/gas/enviro/ the Commission’s regulations) who are Federal Energy Regulatory eis.asp). If eSubscribed, you will receive potential right-of-way grantors, whose Commission instant email notification when the EA property may be used temporarily for [Docket No. IC20–9–000] is issued. The EA may be issued for an project purposes, or who own homes allotted public comment period. within certain distances of aboveground Commission Information Collection Commission staff will consider all facilities, and anyone who submits comments on the EA before making Activities (FERC–549D); Comment comments on the project. Commission Request; Extension recommendations to the Commission. staff will update the environmental To ensure Commission staff have the mailing list as the analysis proceeds to AGENCY: Federal Energy Regulatory opportunity to address your comments, ensure that Commission notices related Commission, DOE. please carefully follow the instructions to this environmental review are sent to ACTION: Notice of information collection in the Public Participation section, all individuals, organizations, and and request for comments. beginning on page 2. government entities interested in and/or SUMMARY: With this notice, the Commission is potentially affected by the proposed In compliance with the asking agencies with jurisdiction by law project. requirements of the Paperwork and/or special expertise with respect to If the Commission issues the EA for Reduction Act of 1995 (PRA), the the environmental issues of this project an allotted public comment period, a Federal Energy Regulatory Commission to formally cooperate in the preparation Notice of Availability of the EA will be (Commission or FERC) is soliciting of the EA.3 Agencies that would like to public comment on the currently 4 The Advisory Council on Historic Preservation’s approved information collection, FERC– 2 For instructions on connecting to eLibrary, refer regulations are at Title 36, Code of Federal 549D (Quarterly Transportation and to the last page of this notice. Regulations, Part 800. Those regulations define Storage Report for Intrastate Natural Gas 3 The Council on Environmental Quality historic properties as any prehistoric or historic and Hinshaw Pipelines). regulations addressing cooperating agency district, site, building, structure, or object included responsibilities are at Title 40, Code of Federal in or eligible for inclusion in the National Register DATES: Comments on the collection of Regulations, Part 1501.6. of Historic Places. information are due May 1, 2020.

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ADDRESSES: You may submit comments at (202) 502–8663, and fax at (202) 273– including whether the pipeline and the (identified by Docket No. IC20–9–000) 0873. shipper are affiliated; by either of the following methods: SUPPLEMENTARY INFORMATION: • Type of service performed; • eFiling at Commission’s Website: Title: FERC–549D, Quarterly • The rate charged under each http://www.ferc.gov/docs-filing/ Transportation and Storage Report for contract; efiling.asp. Intrastate Natural Gas and Hinshaw • The primary receipt and delivery Pipelines. • Mail: Federal Energy Regulatory points for each contract; OMB Control No.: 1902–0253. • Commission, Secretary of the The quantity of natural gas the Type of Request: Three-year extension shipper is entitled to transport, store, or Commission, 888 First Street NE, of the FERC–549D information Washington, DC 20426. deliver for each transaction; collection requirements with no changes • The duration of the contract, Instructions: All submissions must be to the current reporting requirements. specifying the beginning and (for firm formatted and filed in accordance with Abstract: The reporting requirements contracts only) ending month and year submission guidelines at: http:// under FERC–549D are required to carry of current agreement; www.ferc.gov/help/submission- out the Commission’s policies in • Total volumes transported, stored, guide.asp. For user assistance contact accordance with the general authority in injected or withdrawn for the shipper; FERC Online Support by email at Sections 1(c) of the Natural Gas Act 1 and [email protected], or by phone (NGA) and Sections 311 of the Natural • at: (866) 208–3676 (toll-free), or (202) Gas Policy Act of 1978 (NGPA).2 This Annual revenues received for each 502–8659 for TTY. collection promotes transparency by shipper, excluding revenues from collecting and making available storage services. Docket: Users interested in receiving Filers submit the Form-549D on a automatic notification of activity in this intrastate and Hinshaw pipeline transactional information. The quarterly basis. docket or in viewing/downloading Type of Respondents: Intrastate comments and issuances in this docket Commission collects the data upon a standardized form with all requirements natural gas under NGPA Section 311 may do so at http://www.ferc.gov/docs- authority and Hinshaw pipelines. filing/docs-filing.asp. outlined in 18 CFR 284.126. The FERC–549D collects the Estimate of Annual Burden: 3 The FOR FURTHER INFORMATION CONTACT: following information: Commission estimates the annual public Ellen Brown may be reached by email • Full legal name and identification reporting burden and cost for the at [email protected], telephone number of the shipper receiving service, information collection as follows: FERC–549D—QUARTERLY TRANSPORTATION AND STORAGE REPORT FOR INTRASTATE NATURAL GAS AND HINSHAW PIPELINES

Average Average annual Average Average Total annual Cost per annual number of annual total burden hours burden hours & respondent number of responses per number of & cost ($) total annual cost ($) respondents respondent responses per response ($) (rounded)

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

PDF filings ...... 120 4 480 12.5 hrs.; $1,133 ..... 6,000 hrs.; $543,840 ...... $4,532

Total ...... 480 ...... 6,000 hrs.; $543,840.

Comments: Comments are invited on: Dated: February 25, 2020. DEPARTMENT OF ENERGY (1) Whether the collection of Kimberly D. Bose, information is necessary for the proper Secretary. Federal Energy Regulatory Commission performance of the functions of the [FR Doc. 2020–04219 Filed 2–28–20; 8:45 am] Commission, including whether the BILLING CODE 6717–01–P information will have practical utility; [Project No. 2814–025] (2) the accuracy of the agency’s estimate of the burden and cost of the collection Great Falls Hydroelectric Company, City of Paterson, New Jersey; Notice of of information, including the validity of Application Accepted for Filing and the methodology and assumptions used; Soliciting Motions To Intervene and (3) ways to enhance the quality, utility Protests and clarity of the information collection; and (4) ways to minimize the burden of Take notice that the following the collection of information on those hydroelectric application has been filed who are to respond, including the use with the Commission and is available of automated collection techniques or for public inspection. other forms of information technology. a. Type of Application: New Major License. b. Project No.: 2814–025. c. Date Filed: February 28, 2019.

1 15 U.S.C. 717–817–w. 3 The Commission defines burden as the total further explanation of what is included in the 2 15 U.S.C. 3301–3432. time, effort, or financial resources expended by information collection burden, reference 5 Code of persons to generate, maintain, retain, or disclose or Federal Regulations 1320.3. provide information to or for a Federal agency. For

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d. Applicant: Great Falls msl; (3) a forebay inlet structure; (4) a be served upon each representative of Hydroelectric Company and the City of headgate control structure containing the applicant specified in the particular Paterson, New Jersey, as co-licensees. three trashracks and three steel gates; (5) application. e. Name of Project: Great Falls three penstocks, each 8.5 feet in o. Procedural schedule and final Hydroelectric Project (Great Falls diameter and approximately 55 feet amendments: The application will be Project or project). long; (6) a powerhouse containing three processed according to the following f. Location: On the Passaic River, near turbine-generator units with a total rated preliminary schedule. Revisions to the the City of Paterson, Passaic County, capacity of 10.95 megawatts; (7) a 37- schedule will be made as appropriate. New Jersey. The project does not occupy foot-long, 4.16-kilovolt (kV) Filing of motions to intervene and federal land. underground transmission line protests: April 2020. g. Filed Pursuant to: Federal Power connecting the powerhouse to a 4.16/ Issue notice of ready for Act 16 U.S.C. 791(a)–825(r). 26.4-kV step-up transformer which in environmental analysis: May 2020. h. Applicant Contact: Mr. Robert turn is connected to a 26.4-kV Deadline for filing of Gates, Senior Vice President of transmission grid via an approximately recommendations, terms and Operations, Eagle Creek Renewable 30-foot-long 26.4-kV underground conditions, and prescriptions:July 2020. Energy, 65 Madison Avenue, Suite 500, transmission line; (8) and appurtenant Reply comments due: September Morristown, NJ 07960; (973) 998–8400; facilities. 2020. email—[email protected] The Great Falls Project is operated in Commission issues EA: November and/or Ben-David Seligman, 2nd a run-of-river mode. For the period 2010 2020. Assistant Corp. Counsel, City of through 2018, the average annual Comments on EA: December 2020. Paterson, 155 Market Street, Paterson, generation at the Great Falls Project was p. Final amendments to the NJ; (973) 321–1366; email—bseligman@ 17,484 megawatt-hours. application must be filed with the patersonnj.gov. m. A copy of the application is Commission no later than 30 days from i. FERC Contact: Christopher Millard available for review at the Commission the issuance date of the notice of ready at (202) 502–8256; or email at in the Public Reference Room or may be for environmental analysis. [email protected]. viewed on the Commission’s website at j. Deadline for filing motions to http://www.ferc.gov using the eLibrary Dated: February 25, 2020. intervene and protests: 60 days from the link. Enter the docket number excluding Kimberly D. Bose, issuance date of this notice. the last three digits in the docket Secretary. The Commission strongly encourages number field to access the document. [FR Doc. 2020–04218 Filed 2–28–20; 8:45 am] electronic filing. Please file motions to For assistance, contact FERC Online BILLING CODE 6717–01–P intervene and protests using the Support. A copy is also available for Commission’s eFiling system at http:// inspection and reproduction at the www.ferc.gov/docs-filing/efiling.asp. For addresses in item h above. DEPARTMENT OF ENERGY assistance, please contact FERC Online You may also register online at http:// Support at FERCOnlineSupport@ www.ferc.gov/docs-filing/ Federal Energy Regulatory ferc.gov, (866) 208–3676 (toll free), or esubscription.asp to be notified via Commission (202) 502–8659 (TTY). In lieu of email of new filings and issuances electronic filing, please send a paper related to this or other pending projects. Combined Notice of Filings #1 copy to: Secretary, Federal Energy For assistance, contact FERC Online Take notice that the Commission Regulatory Commission, 888 First Street Support. received the following electric rate NE, Washington, DC 20426. The first n. Anyone may submit a protest or a filings: motion to intervene in accordance with page of any filing should include docket Docket Numbers: ER17–2059–004; the requirements of Rules of Practice number P–2814–025. ER10–3097–009. The Commission’s Rules of Practice and Procedure, 18 CFR 385.210, .211, Applicants: Puget Sound Energy, Inc., require all intervenors filing documents and .214. In determining the appropriate Bruce Power Inc. with the Commission to serve a copy of action to take, the Commission will Description: Second Supplement to that document on each person on the consider all protests or other comments July 1, 2019 Updated Market Power official service list for the project. filed, but only those who file a motion Analysis in the Northwest Region for Further, if an intervenor files comments to intervene in accordance with the Puget Sound Energy, Inc., et al. Commission’s Rules may become a or documents with the Commission Filed Date: 2/24/20. party to the proceeding. Any protests or relating to the merits of an issue that Accession Number: 20200224–5156. motions to intervene must be received may affect the responsibilities of a Comments Due: 5 p.m. ET 3/16/20. particular resource agency, they must on or before the specified comment date also serve a copy of the document on for the particular application. Docket Numbers: ER19–1958–002. that resource agency. All filings must: (1) Bear in all capital Applicants: PJM Interconnection, k. This application has been accepted letters the title PROTEST or MOTION L.L.C. for filing but is not ready for TO INTERVENE; (2) set forth in the Description: Compliance filing: environmental analysis at this time. heading the name of the applicant and Compliance filing per Commission’s 12/ l. The existing project works consist the project number of the application to 19/19 order re: Order No. 845 in ER19– of: (1) The Society for the Establishment which the filing responds; (3) furnish 1958 to be effective 12/31/9998. of Useful Manufactures (S.U.M.) dam, the name, address, and telephone Filed Date: 2/21/20. an overflow granite stone gravity number of the person protesting or Accession Number: 20200221–5143. structure about 315 feet long, with a intervening; and (4) otherwise comply Comments Due: 5 p.m. ET 3/13/20. maximum height of 15 feet and having with the requirements of 18 CFR Docket Numbers: ER20–495–001. a crest elevation of 114.6 feet mean sea 385.2001 through 385.2005. Agencies Applicants: Midcontinent level (msl); (2) a reservoir with a surface may obtain copies of the application Independent System Operator, Inc. area of 202 acres and a storage capacity directly from the applicant. A copy of Description: Tariff Amendment: of 1,415 acre-feet at elevation 114.6 feet any protest or motion to intervene must 2020–02–24_SA 3380 Deficiency

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Response for J639 GIA to be effective and 214 of the Commission’s DEPARTMENT OF ENERGY 11/15/2019. Regulations (18 CFR 385.211 and Filed Date: 2/24/20. 385.214) on or before 5:00 p.m. Eastern Federal Energy Regulatory Accession Number: 20200224–5096. time on the specified comment date. Commission Comments Due: 5 p.m. ET 3/16/20. Protests may be considered, but Combined Notice of Filings Docket Numbers: ER20–612–001. intervention is necessary to become a Applicants: Midcontinent party to the proceeding. Take notice that the Commission has Independent System Operator, Inc. eFiling is encouraged. More detailed received the following Natural Gas Description: Tariff Amendment: information relating to filing Pipeline Rate and Refund Report filings: 2020–02–24_SA 3392 Deficiency requirements, interventions, protests, Response for J944 GIA to be effective Docket Numbers: RP20–543–000. service, and qualifying facilities filings 12/3/2019. Applicants: Transcontinental Gas Filed Date: 2/24/20. can be found at: http://www.ferc.gov/ Pipe Line Company, LLC. Accession Number: 20200224–5098. docs-filing/efiling/filing-req.pdf. For Description: § 4(d) Rate Filing: Rate Comments Due: 5 p.m. ET 3/16/20. other information, call (866) 208–3676 Schedules LSS and SS–2 Tracker Filing (toll free). For TTY, call (202) 502–8659. Docket Numbers: ER20–886–000. effective February 1, 2020 to be effective Applicants: Orsted US Trading LLC. Dated: February 25, 2020. 2/1/2020. Description: Errata to January 28, 2020 Nathaniel J. Davis, Sr., Filed Date: 2/24/20. Orsted US Trading LLC tariff filing. Deputy Secretary. Accession Number: 20200224–5112. Filed Date: 2/21/20. [FR Doc. 2020–04231 Filed 2–28–20; 8:45 am] Comments Due: 5 p.m. ET 3/9/20. Accession Number: 20200221–5071. Comments Due: 5 p.m. ET 3/13/20. BILLING CODE 6717–01–P Docket Numbers: RP20–544–000. Docket Numbers: ER20–1068–000. Applicants: Equitrans, L.P. Applicants: The Dayton Power and DEPARTMENT OF ENERGY Description: § 4(d) Rate Filing: Light Company. Negotiated Rate Agreement—Arsenal Description: Application to Establish Federal Energy Regulatory Amendment to be effective 3/1/2020. Incentive Rate Treatment for Qualifying Commission Filed Date: 2/25/20. for Transmission Projects, et al. of The Accession Number: 20200225–5002. Dayton Power and Light Company. [Project No. 2413–124; Georgia] Comments Due: 5 p.m. ET 3/9/20. Filed Date: 2/25/20. Docket Numbers: RP20–545–000. Accession Number: 20200225–5081. Georgia Power Company; Notice of Comments Due: 5 p.m. ET 3/17/20. Applicants: Lucid Energy Delaware, Teleconference for Tribal Consultation LLC, Devon Gas Services, L.P. Docket Numbers: ER20–1069–000. Meeting Applicants: Duke Energy Carolinas, Description: Joint Petition for Limited LLC. On December 3, 2019, Mr. Turner W. Waivers, et al. of Lucid Energy Delaware, LLC, et al. under RP20–545. Description: § 205(d) Rate Filing: Hunt, Archaeological Technician of the Revised DEC–CEPCI NITSA (SA No. Muscogee (Creek) Nation sent an email Filed Date: 2/24/20. 447) to be effective 2/1/2020. requesting consultation regarding the Accession Number: 20200224–5154. Filed Date: 2/25/20. relicensing of the Wallace Hydroelectric Comments Due: 5 p.m. ET 3/2/20. Accession Number: 20200225–5090. Project. Commission Staff will hold a Comments Due: 5 p.m. ET 3/17/20. The filings are accessible in the teleconference with representatives of Commission’s eLibrary system by Docket Numbers: ER20–1070–000. the Muscogee (Creek) Nation to learn clicking on the links or querying the Applicants: Rodan Energy Solutions more about the tribe’s concerns. The docket number. (USA) Inc. teleconference will take place at 2:00 Any person desiring to intervene or Description: Baseline eTariff Filing: p.m. Eastern Standard Time on RODAN ENERGY SOLUTIONS (USA) protest in any of the above proceedings Thursday, March 12, 2020. INC INITIAL MBR Tariff to be effective must file in accordance with Rules 211 4/1/2020. This teleconference is limited to and 214 of the Commission’s Filed Date: 2/25/20. members of the invited tribe and Regulations (18 CFR 385.211 and Accession Number: 20200225–5095. Commission staff. Interested parties may 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 3/17/20. attend the teleconference as observers time on the specified date(s). Protests may be considered, but intervention is Docket Numbers: ER20–1071–000. only. A summary of the meeting will be prepared and posted in the above- necessary to become a party to the Applicants: Southwest Power Pool, proceeding. Inc. referenced docket on the Commission’s eFiling is encouraged. More detailed Description: § 205(d) Rate Filing: eLibrary system. information relating to filing Revisions to Attachment AN to be To receive specific instructions on requirements, interventions, protests, effective 4/26/2020. how to participate, please contact service, and qualifying facilities filings Filed Date: 2/25/20. Dustin Wilson at dustin.wilson@ can be found at: http://www.ferc.gov/ Accession Number: 20200225–5122. ferc.gov, or (202) 502–6528 by March 10, docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 3/17/20. 2020. other information, call (866) 208–3676 The filings are accessible in the Dated: February 25, 2020. (toll free). For TTY, call (202) 502–8659. Commission’s eLibrary system by clicking on the links or querying the Kimberly D. Bose, Dated: February 25, 2020. docket number. Secretary. Nathaniel J. Davis, Sr., Any person desiring to intervene or [FR Doc. 2020–04217 Filed 2–28–20; 8:45 am] Deputy Secretary. protest in any of the above proceedings BILLING CODE 6717–01–P [FR Doc. 2020–04232 Filed 2–28–20; 8:45 am] must file in accordance with Rules 211 BILLING CODE 6717–01–P

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ENVIRONMENTAL PROTECTION pesticides, EPA has not attempted to Submitter: SemiosBio Technologies, AGENCY describe all the specific entities that Inc., 101–887 Great Northern Way, may be affected by this action. Vancouver, BC V5T 4T5, Canada, (c/o [EPA–HQ–OPP–2019–0040; FRL–10004–58] Killoren Regulatory Consulting, LLC, B. What should I consider as I prepare 316 Highland Ave., Hartford, WI 53027). Pesticide Experimental Use Permit; my comments for EPA? Pesticide Chemical: Lavandulyl Receipt of Application; Comment 1. Submitting CBI. Do not submit this Request senecioate. information to EPA through Summary of Request: SemiosBio AGENCY: Environmental Protection regulations.gov or email. Clearly mark Technologies, Inc. submitted a request Agency (EPA). the part or all of the information that for an EUP to dispense a pheromone via you claim to be CBI. For CBI ACTION: Notice. an end-use product (EP) (Semios VMB information in a disk or CD–ROM that Eco DS) containing 23.54% lavandulyl SUMMARY: This notice announces EPA’s you mail to EPA, mark the outside of the senecioate as the active ingredient in receipt of application 89850–EUP–R disk or CD–ROM as CBI and then order to disrupt the mating cycle of vine from SemiosBio Technologies, Inc., identify electronically within the disk or mealybug. The EP is proposed to be requesting an experimental use permit CD–ROM the specific information that used from March 1, 2020, through (EUP) for lavandulyl senecioate. EPA is claimed as CBI. In addition to one November 31, 2021, across 740 acres of has determined that the permit may be complete version of the comment that grapes in the state of California. The of regional or national significance. includes information claimed as CBI, a total amount of EP and active ingredient Therefore, because of the potential copy of the comment that does not to be used during the EUP is 530 significance, EPA is seeking comments contain the information claimed as CBI pounds and 131 pounds, respectively. on this application. must be submitted for inclusion in the Major objectives of the EUP include the public docket. Information so marked DATES: following: (1) Optimizing dispensing Comments must be received on will not be disclosed except in or before April 1, 2020. window, i.e., how many hours during accordance with procedures set forth in the day and which hours; (2) optimizing ADDRESSES: Submit your comments, 40 CFR part 2. identified by docket identification (ID) dispensing intervals, i.e., how many 2. Tips for preparing your comments. actuations per minute; and (3) number EPA–HQ–OPP–2019–0721, by When preparing and submitting your one of the following methods: comparing efficacy against commercial comments, see the commenting tips at products and/or grower standards. A • Federal eRulemaking Portal: http:// http://www.epa.gov/dockets/ www.regulations.gov. Follow the online tolerance exemption already exists for comments.html. the active ingredient as long as the instructions for submitting comments. 3. Environmental justice. EPA seeks to pheromone does not exceed 150 grams Do not submit electronically any achieve environmental justice, the fair of active ingredient per acre; a tolerance information you consider to be treatment and meaningful involvement exemption petition has not been Confidential Business Information (CBI) of any group, including minority and/or submitted with this EUP application or other information whose disclosure is low income populations, in the because the applicant believes the restricted by statute. development, implementation, and aforementioned limitation will not be • Mail: OPP Docket, Environmental enforcement of environmental laws, exceeded with the proposed testing. Protection Agency Docket Center (EPA/ regulations, and policies. To help Following the review of the DC), (28221T), 1200 Pennsylvania Ave. address potential environmental justice application and any comments and data NW, Washington, DC 20460–0001. issues, EPA seeks information on any received in response to this solicitation, • Hand Delivery: To make special groups or segments of the population EPA will decide whether to issue or arrangements for hand delivery or who, as a result of their location, deny the EUP request, and if issued, the delivery of boxed information, please cultural practices, or other factors, may conditions under which it is to be follow the instructions at http:// have atypical or disproportionately high conducted. Any issuance of an EUP will www.epa.gov/dockets/contacts.html. and adverse human health impacts or be announced in the Federal Register. Additional instructions on environmental effects from exposure to commenting or visiting the docket, the pesticide discussed in this (Authority: 7 U.S.C. 136 et seq.) along with more information about document, compared to the general Dated: January 24, 2020. dockets generally, is available at http:// population. Delores Barber, www.epa.gov/dockets. II. What action is the Agency taking? Director, Information Technology and FOR FURTHER INFORMATION CONTACT: Resources Management Division, Office of Robert McNally, Biopesticides and Under section 5 of the Federal Pesticide Programs. Insecticide, Fungicide and Rodenticide Pollution Prevention Division (7511P), [FR Doc. 2020–04211 Filed 2–28–20; 8:45 am] Act (FIFRA), 7 U.S.C. 136c, EPA can Office of Pesticide Programs, BILLING CODE 6560–50–P Environmental Protection Agency, 1200 allow manufacturers to field test Pennsylvania Ave. NW, Washington, DC pesticides under development. 20460–0001; main telephone number: Manufacturers are required to obtain an ENVIRONMENTAL PROTECTION (703) 305–7090; email address: EUP before testing new pesticides or AGENCY [email protected]. new uses of pesticides if they conduct experimental field tests on more than 10 [EPA–HQ–OPP–2019–0045; FRL–10004–59] SUPPLEMENTARY INFORMATION: acres of land or more than one surface Pesticide Product Registration; I. General Information acre of water. Pursuant to 40 CFR 172.11(a), EPA Receipt of Applications for New Uses A. Does this action apply to me? has determined that the following EUP (December 2019) This action is directed to the public application may be of regional or AGENCY: Environmental Protection in general. Although this action may be national significance, and therefore is Agency (EPA). of particular interest to those persons seeking public comment on the EUP ACTION: Notice. who conduct or sponsor research on application:

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SUMMARY: EPA has received applications pesticide manufacturer. The following 2. EPA Registration Number: 100– to register new uses for pesticide list of North American Industrial 1469. Docket ID number: EPA–HQ– products containing currently registered Classification System (NAICS) codes is OPP–2019–0691. Applicant: Syngenta active ingredients. Pursuant to the not intended to be exhaustive, but rather Crop Protection, LLC, 410 South Swing Federal Insecticide, Fungicide, and provides a guide to help readers Rd., Greensboro, NC 27409. Active Rodenticide Act (FIFRA), EPA is hereby determine whether this document ingredient: Aspergillus flavus strain providing notice of receipt and applies to them. Potentially affected NRRL 21882. Product type: Fungicide. opportunity to comment on these entities may include: Proposed use: Almond and pistachio. applications. • Crop production (NAICS code 111). Contact: BPPD. • DATES: Comments must be received on Animal production (NAICS code 3. EPA Registration Numbers: 100– or before April 1, 2020. 112). 1609 and 100–1648. Docket ID number: • ADDRESSES: Submit your comments, Food manufacturing (NAICS code EPA–HQ–OPP–2019–0608. Applicant: identified by the docket identification 311). Syngenta Crop Protection, LLC., P.O. • (ID) number and the File Symbol or the Pesticide manufacturing (NAICS Box 18300, Greensboro, NC 27419. EPA Registration Number of interest as code 32532). Active ingredient: Pydiflumetofen. shown in the body of this document, by B. What should I consider as I prepare Product type: Fungicide. Proposed uses: one of the following methods: my comments for EPA? Seed treatment for barley, corn, cotton • Federal eRulemaking Portal: http:// crop subgroup 20C, dried shelled pea www.regulations.gov. Follow the online 1. Submitting CBI. Do not submit this and bean crop subgroup 6C, oat, peanut, instructions for submitting comments. information to EPA through rye, sorghum, triticale, and wheat. Do not submit electronically any regulations.gov or email. Clearly mark Contact: RD. information you consider to be the part or all of the information that you claim to be CBI. For CBI 4. EPA Registration Numbers: 432– Confidential Business Information (CBI) RARE, 264–824. Docket ID number: or other information whose disclosure is information in a disk or CD–ROM that you mail to EPA, mark the outside of the EPA–HQ–OPP–2019–0671. Applicant: restricted by statute. Bayer CropScience LP, Environmental • Mail: OPP Docket, Environmental disk or CD–ROM as CBI and then Science Division, 5000 Centre Green Protection Agency Docket Center (EPA/ identify electronically within the disk or Way, Suite 400, Cary, NC 27513. Active DC), (28221T), 1200 Pennsylvania Ave. CD–ROM the specific information that ingredient: Prothioconazole. Product NW, Washington, DC 20460–0001. is claimed as CBI. In addition to one type: Fungicide. Proposed uses: Golf • Hand Delivery: To make special complete version of the comment that course turf. Contact: RD. arrangements for hand delivery or includes information claimed as CBI, a delivery of boxed information, please copy of the comment that does not 5. EPA Registration Number: 7969– follow the instructions at https:// contain the information claimed as CBI 275. Docket ID number: EPA–HQ–OPP– www.epa.gov/dockets/where-send- must be submitted for inclusion in the 2019–0388. Applicant: Interregional comments-epa-dockets. public docket. Information so marked Research Project #4 (IR–4), 500 College Additional instructions on will not be disclosed except in Rd. East, Suite 201, Princeton, NJ 08540. commenting or visiting the docket, accordance with procedures set forth in Active ingredient: Saflufenacil. Product along with more information about 40 CFR part 2. type: Herbicide. Proposed use: dockets generally, is available at https:// 2. Tips for preparing your comments. Manufacturing products for use on fig www.epa.gov/dockets/about-epa- When preparing and submitting your trees, caneberry subgroup 13–07A, and dockets. comments, see the commenting tips at chia. Contact: RD. FOR FURTHER INFORMATION CONTACT: https://www.epa.gov/dockets/ 6. EPA Registration Number: 7969– Robert McNally, Biopesticides and commenting-epa-dockets. 276. Docket ID number: EPA–HQ–OPP– Pollution Prevention Division (BPPD) II. Registration Applications 2019–0388. Applicant: Interregional (7511P), main telephone number: (703) Research Project #4 (IR–4), 500 College 305–7090, email address: EPA has received applications to Rd. East, Suite 201, Princeton, NJ 08540. [email protected]; or Michael register new uses for pesticide products Active ingredient: Saflufenacil. Product Goodis, Registration Division (RD) containing currently registered active type: Herbicide. Proposed use: Fig trees, (7505P), main telephone number: (703) ingredients. Pursuant to the provisions Caneberry subgroup 13–07A. Contact: 305–7090, email address: of FIFRA section 3(c)(4) (7 U.S.C. RD. [email protected]. The mailing 136a(c)(4)), EPA is hereby providing notice of receipt and opportunity to 7. EPA Registration Number: 7969– address for each contact person is: 278. Docket ID number: EPA–HQ–OPP– Office of Pesticide Programs, comment on these applications. Notice of receipt of these applications does not 2019–0388. Applicant: Interregional Environmental Protection Agency, 1200 Research Project #4 (IR–4), 500 College Pennsylvania Ave. NW, Washington, DC imply a decision by the Agency on these applications. Rd. East, Suite 201, Princeton, NJ 08540. 20460–0001. As part of the mailing Active ingredient: Saflufenacil. Product address, include the contact person’s Notice of Receipt—New Uses type: Herbicide. Proposed use: Chia. name, division, and mail code. The 1. EPA Registration Numbers: 100– Contact: RD. division to contact is listed at the end 759, 100–953 and 100–1454. Docket ID 8. EPA Registration Numbers: 62719– of each application summary. number: EPA–HQ–OPP–2019–0659. 144, 62719–659. Docket ID number: SUPPLEMENTARY INFORMATION: Applicant: Syngenta Crop Protection, EPA–HQ–OPP–2019–0070. Applicant: I. General Information 410 Swing Road, Greensboro, NC 27409. Dow AgroSciences LLC., 9330 Active ingredient: Fludioxonil. Product Zionsville Road, Indianapolis, IN 46268. A. Does this action apply to me? type: Fungicide. Proposed use: Brassica Active ingredient: Isoxaben. Product You may be potentially affected by leafy greens subgroup 4–16B, vegetable, type: Herbicide. Proposed use: Hop, this action if you are an agricultural head and stem brassica, group 5–16, and dried cones, and caneberry subgroup producer, food manufacturer, or kohlrabi. Contact: RD. 13–07. Contact: RD.

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9. EPA Registration Number: 92960– interest as shown in the body of this disk or CD–ROM as CBI and then R. Docket ID number: EPA–HQ–OPP– document, by one of the following identify electronically within the disk or 2019–0672. Applicant: Germains Seed methods: CD–ROM the specific information that Technology, Inc., 8333 Swanston Lane, • Federal eRulemaking Portal: http:// is claimed as CBI. In addition to one Gilroy, CA 95020. Active ingredient: www.regulations.gov. Follow the online complete version of the comment that Copper hydroxide. Product type: instructions for submitting comments. includes information claimed as CBI, a Fungicide. Proposed Uses: Seed Do not submit electronically any copy of the comment that does not treatment on corn (field, sweet, information you consider to be contain the information claimed as CBI popcorn); oats; peanuts; soybeans; Confidential Business Information (CBI) must be submitted for inclusion in the succulent and dry broad bean (fava or other information whose disclosure is public docket. Information so marked bean); succulent and dry chickpea restricted by statute. will not be disclosed except in (garbanzo bean); succulent and dry guar • Mail: OPP Docket, Environmental accordance with procedures set forth in bean; succulent and dry jackbean; Protection Agency Docket Center (EPA/ 40 CFR part 2. succulent and dry lablab bean (hyacinth DC), (28221T), 1200 Pennsylvania Ave. 2. Tips for preparing your comments. bean); succulent and dry Lupinus spp. NW, Washington, DC 20460–0001. • When preparing and submitting your (includes grain lupin, sweet lupin, Hand Delivery: To make special comments, see the commenting tips at white lupin, and white sweet lupin); arrangements for hand delivery or https://www.epa.gov/dockets/ succulent and dry peas (including dwarf delivery of boxed information, please commenting-epa-dockets. pea, edible pod pea, English pea, field follow the instructions at https:// pea, garden pea, green pea, snow pea, www.epa.gov/dockets/where-send- II. Registration Applications sugar snap pea); succulent and dry comments-epa-dockets. EPA has received applications to Phaseolus spp. (includes field bean, Additional instructions on register pesticide products containing kidney bean, lima bean, navy bean, commenting or visiting the docket, an active ingredient not included in any pinto bean, runner bean, snap bean, along with more information about currently registered pesticide products. tepary bean, wax bean); succulent and dockets generally, is available at https:// Pursuant to the provisions of FIFRA dry Vigna spp. (includes adzuki bean, www.epa.gov/dockets/about-epa- section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA asparagus bean, blackeyed pea, catjang, dockets. is hereby providing notice of receipt and Chinese longbean, cowpea, crowder pea, FOR FURTHER INFORMATION CONTACT: opportunity to comment on these moth bean, mung bean, rice bean, Robert McNally, Biopesticides and applications. Notice of receipt of these southern pea, urd bean, yardlong bean). Pollution Prevention Division (7511P), applications does not imply a decision Contact: RD. Office of Pesticide Programs, by the Agency on these applications. (Authority: 7 U.S.C. 136 et seq.) Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC New Active Ingredients Dated: January 24, 2020. 20460–0001; main telephone number: 1. File Symbol: 71637–E. Docket ID Delores Barber, (703) 305–7090; email address: number: EPA–HQ–OPP–2019–0410. Director, Information Technology and [email protected]. Applicant: Kwizda Agro GmbH (Val Resources Management Division, Office of SUPPLEMENTARY INFORMATION: d‘Ize´), ZA du Bourgneuf, Route de Pesticide Programs. Dourdain, 35450 Val d‘Ize´, France (c/o I. General Information [FR Doc. 2020–04209 Filed 2–28–20; 8:45 am] Compliance Services International, 7501 BILLING CODE 6560–50–P A. Does this action apply to me? Bridgeport Way West, Lakewood, WA You may be potentially affected by 98499). Product name: Trico. Active this action if you are an agricultural ingredient: Repellent—Sheep fat at ENVIRONMENTAL PROTECTION 6.4%. Proposed use: For preventing AGENCY producer, food manufacturer, or pesticide manufacturer. The following browsing, rubbing, and bark stripping [EPA–HQ–OPP–2019–0039; FRL–10004–57] list of North American Industrial damage to certain plants (e.g., Classification System (NAICS) codes is ornamentals, shrubs, and garden plants Pesticide Product Registration; not intended to be exhaustive, but rather before food commodities are present) Receipt of Applications for a New provides a guide to help readers caused by deer, rabbits, elk, and moose. Active Ingredient (December 2019) determine whether this document 2. File Symbol: 71637–R. Docket ID number: EPA–HQ–OPP–2019–0410. AGENCY: Environmental Protection applies to them. Potentially affected Applicant: Kwizda Agro GmbH (Val Agency (EPA). entities may include: • Crop production (NAICS code 111). d‘Ize´), ZA du Bourgneuf, Route de ACTION: Notice. • Animal production (NAICS code Dourdain, 35450 Val d‘Ize´, France (c/o 112). Compliance Services International, 7501 SUMMARY: EPA has received applications • to register pesticide products containing Food manufacturing (NAICS code Bridgeport Way West, Lakewood, WA an active ingredient not included in any 311). 98499). Product name: Sheep Fat • Pesticide manufacturing (NAICS currently registered pesticide products. Technical. Active ingredient: code 32532). Pursuant to the Federal Insecticide, Repellent—Sheep fat at 99.94%. Proposed use: For manufacturing use. Fungicide, and Rodenticide Act B. What should I consider as I prepare (FIFRA), EPA is hereby providing notice my comments for EPA? Authority: 7 U.S.C. 136 et seq. of receipt and opportunity to comment 1. Submitting CBI. Do not submit this Dated: January 24, 2020. on these applications. information to EPA through Delores Barber, DATES: Comments must be received on regulations.gov or email. Clearly mark Director, Information Technology and or before April 1, 2020. the part or all of the information that Resources Management Division, Office of ADDRESSES: Submit your comments, you claim to be CBI. For CBI Pesticide Programs. identified by the docket identification information in a disk or CD–ROM that [FR Doc. 2020–04214 Filed 2–28–20; 8:45 am] (ID) number and the File Symbol of you mail to EPA, mark the outside of the BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Branch, (913) 551–7723, or by email at ENVIRONMENTAL PROTECTION AGENCY [email protected]. AGENCY [EPA–R07–OW–2020–0061; FRL–10005–74– SUPPLEMENTARY INFORMATION: The EPA [EPA–HQ–OW–2019–0372; FRL–10005–82– Region 7] is hereby giving notice that the state of OW] Missouri is revising its approved Public Notice of Approval of the Primacy National Pollutant Discharge Water Supply Supervision Program. Revision Application for the Public Elimination System (NPDES) 2020 MDNR revised their program by Water Supply Supervision Program Issuance of the Multi-Sector General incorporating the following EPA From the State of Missouri Permit for Stormwater Discharges National Primary Drinking Water Associated with Industrial Activity AGENCY: Environmental Protection Regulations: Lead and Copper: Short- Agency (EPA). Term Regulatory Revisions and AGENCY: Environmental Protection ACTION: Notice of approval and Clarifications (72 FR 57781, October 10, Agency (EPA). solicitation of requests for a public 2007) and Revised Total Coliform Rule ACTION: Notice; request for public hearing. (78 FR 10269, February 13, 2013). The comment. EPA has determined that MDNR’s SUMMARY: The Environmental Protection program revisions are consistent with SUMMARY: All ten of the Environmental Agency (EPA) is hereby giving notice and no less stringent than Federal Protection Agency’s (EPA) Regions are that the state of Missouri is revising its regulations. Therefore, EPA intends to proposing for public comment the 2020 approved Public Water Supply approve these program revisions. National Pollutant Discharge Supervision Program delegated to the Elimination System (NPDES) general Missouri Department of Natural Public Hearing Requests permit for stormwater discharges Resources (MDNR). EPA has reviewed associated with industrial activity, also the application and intends to approve Any request for a public hearing shall referred to as the ‘‘2020 Multi-Sector these program revisions. include the following information: (1) General Permit (MSGP)’’ or the DATES: This determination to approve Name, address and telephone number of ‘‘proposed permit.’’ The proposed the Missouri program revision is made the individual, organization or other permit, once finalized, will replace the pursuant to 40 CFR 142.12(d)(3). This entity requesting a hearing; (2) a brief EPA’s existing MSGP that will expire on determination shall become final on statement of the requesting person’s June 4, 2020. The EPA proposes to issue April 1, 2020, unless (1) a timely and interest in the Regional Administrator’s this permit for five (5) years, and to appropriate request for a public hearing determination and a brief statement on provide permit coverage to eligible is received or (2) the Regional information that the requesting person operators in all areas of the country Administrator elects to hold a public intends to submit at such hearing; (3) where the EPA is the NPDES permitting hearing on his own motion. Any the signature of the individual making authority, including Idaho, interested person, other than Federal the request or, if the request is made on Massachusetts, New Hampshire, and Agencies, may request a public hearing. behalf of an organization or other entity, New Mexico, Indian country lands, A request for a public hearing must be the signature of a responsible official of Puerto Rico, the District of Columbia, submitted to the Regional Administrator the organization or other entity. and most U.S. territories and at the address shown below by April 1, Requests for public hearing shall be protectorates. The EPA seeks comment 2020. If a request for a public hearing is addressed to: Regional Administrator, on the proposed permit and on the made within the requested thirty-day Environmental Protection Agency, accompanying fact sheet, which time frame, a public hearing will be Region 7, 11201 Renner Boulevard, contains supporting documentation. held and a notice will be given in the This Federal Register document Lenexa, Kansas 66219. Federal Register and a newspaper of describes the proposed permit and general circulation. Frivolous or All documents relating to this includes specific topics on which the insubstantial requests for a hearing may determination are available for EPA is particularly seeking comment. be denied by the Regional inspection between the hours of 9:00 Where the EPA proposes a new or Administrator. If no timely and a.m. and 3:00 p.m., Monday through modified provision, the Agency also appropriate request for a hearing is Friday at the following offices: (1) solicits comment on alternatives to the received, and the Regional Environmental Protection Agency, proposal and/or not moving forward Administrator does not elect to hold a Region 7, Groundwater and Drinking with the proposal in the final permit. hearing on his own motion, this Water Branch, Water Division, 11201 The EPA encourages the public to read determination will become final on Renner Boulevard, Lenexa, Kansas the fact sheet to better understand the April 1, 2020. 66219 and (2) the Missouri Department proposed permit. The proposed permit All interested parties may request a of Natural Resources, P.O. Box 176, and fact sheet can be found at https:// public hearing on the approval to the Jefferson City, MO 65102. www.epa.gov/npdes/stormwater- Regional Administrator at the EPA discharges-industrial-activities. Region 7 address shown below. Authority: Section 1413 of the Safe Drinking Water Act, as amended, and 40 CFR DATES: Comments must be received on ADDRESSES: Requests for public hearing 142.10, 142.12(d) and 142.13. or before May 1, 2020. Under the shall be addressed to: Regional Paperwork Reduction Act, comments on Administrator, Environmental Dated: February 25, 2020. the information collection provisions Protection Agency, Region 7, 11201 James Gulliford, must be received by the Office of Renner Boulevard, Lenexa, Kansas Regional Administrator, Region 7. Management and Budget (OMB) on or 66219. [FR Doc. 2020–04228 Filed 2–28–20; 8:45 am] before April 1, 2020. FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P ADDRESSES: You may send comments, Samantha Harden, Environmental identified by Docket ID No EPA–HQ– Protection Agency, Region 7, OW–2019–0372, by any of the following Groundwater and Drinking Water methods:

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• Federal eRulemaking Portal: I. General Information information you consider to be https://www.regulations.gov/ (our Confidential Business Information (CBI) A. Does this action apply to me? preferred method). Follow the online or other information whose disclosure is instructions for submitting comments. The proposed permit covers restricted by statute. Multimedia • Electronic versions of this proposed stormwater discharges from industrial submissions (audio, video, etc.) must be permit and fact sheet are available on facilities in the 30 sectors shown below: accompanied by a written comment. the EPA’s NPDES website at https:// Sector A—Timber Products. The written comment is considered the www.epa.gov/npdes/stormwater- Sector B—Paper and Allied Products official comment and should include discharges-industrial-activities. Follow Manufacturing. discussion of all points you wish to the online instructions for submitting Sector C—Chemical and Allied Products make. The EPA will generally not comments. Manufacturing. consider comments or comment Submit your comments, identified by Sector D—Asphalt Paving and Roofing contents located outside of the primary Docket ID No. EPA–HQ–OW–2019–0372 Materials Manufactures and Lubricant submission (i.e. on the web, cloud, or to the Federal eRulemaking Portal: Manufacturers. other file sharing system). For Sector E—Glass, Clay, Cement, Concrete, https://www.regulations.gov. All and Gypsum Product Manufacturing. additional submission methods, the full submissions received must include the Sector F—Primary Metals. EPA public comment policy, Docket ID No. for this proposed permit. Sector G—Metal Mining (Ore Mining and information about CBI or multimedia Comments received may be posted Dressing). submissions, and general guidance on without change to https:// Sector H—Coal Mines and Coal Mining- making effective comments, please visit www.regulations.gov/, including any Related Facilities. https://www.epa.gov/dockets/ personal information provided. For Sector I—Oil and Gas Extraction. commenting-epa-dockets. Sector J—Mineral Mining and Dressing. detailed instructions on sending C. Will public hearings be held on this comments and additional information, Sector K—Hazardous Waste Treatment Storage or Disposal. action? see the ‘‘Public Participation’’ heading Sector L—Landfills and Land Application of the SUPPLEMENTARY INFORMATION The EPA has not scheduled any Sites. public hearings to receive public section of this document. Sector M—Automobile Salvage Yards. FOR FURTHER INFORMATION CONTACT: For Sector N—Scrap Recycling Facilities. comment concerning the proposed further information on the proposed Sector O—Steam Electric Generating permit. All persons will continue to permit, contact the appropriate EPA Facilities. have the right to provide written Regional office listed in Section I.F of Sector P—Land Transportation. comments during the public comment this action, or Emily Halter, EPA Sector Q—Water Transportation. period. However, interested persons Sector R—Ship and Boat Building or Headquarters, Office of Water, Office of may request a public hearing pursuant Repairing Yards. to 40 CFR 124.12 concerning the Wastewater Management (4203M), 1200 Sector S—Air Transportation Facilities. proposed permit. Requests for a public Pennsylvania Avenue NW, Washington, Sector T—Treatment Works. hearing must be sent or delivered in DC 20460; telephone number: 202–564– Sector U—Food and Kindred Products. writing to the same address as provided 3324; email address: halter.emily@ Sector V—Textile Mills, Apparel, and other above for public comments prior to the epa.gov. Fabric Products Manufacturing. Sector W—Furniture and Fixtures. close of the comment period and must SUPPLEMENTARY INFORMATION: Sector X—Printing and Publishing. state the nature of the issue the This section is organized as follows: Sector Y—Rubber, Miscellaneous Plastic requester would like raised in the Table of Contents Products, and Miscellaneous Manufacturing hearing. Pursuant to 40 CFR 124.12, the Industries. EPA shall hold a public hearing if it I. General Information Sector Z—Leather Tanning and Finishing. finds, on the basis of requests, a A. Does this action apply to me? Sector AA—Fabricated Metal Products. significant degree of public interest in a B. How do I submit written comments? Sector AB—Transportation Equipment, C. Will public hearings be held on this public hearing on the proposed permit. Industrial or Commercial Machinery. If the EPA decides to hold a public action? Sector AC—Electronic, Electrical, D. What process will the EPA follow to Photographic and Optical Goods. hearing, a public notice of the date, finalize the proposed permit? Sector AD—Reserved for Facilities Not time, and place of the hearing will be E. Who are the EPA regional contacts for Covered Under Other Sectors and Designated made at least 30 days prior to the the proposed permit? by the Director. hearing. Any person may provide II. Background of Permit Coverage under the proposed 2020 written or oral statements and data III. Summary of Proposed Permit MSGP is available to operators of pertaining to the proposed permit at the A. 2015 MSGP Litigation and National eligible facilities located in areas where public hearing. Academies Study the EPA is the permitting authority. A B. Summary of Proposed Permit Changes D. What process will the EPA follow to list of eligible areas is included in C. Other Requests for Comment finalize the proposed permit? IV. Paperwork Reduction Act (PRA) Appendix C of the proposed 2020 V. Cost Analysis MSGP. After the close of the public comment period, the EPA intends to issue a final VI. Executive Order 12866: Regulatory B. How do I submit written comments? Planning and Review and Executive permit. This permit will not be issued Order 13563: Improving Regulation and Submit your comments, identified by until all significant comments have been Regulatory Review Docket ID No. EPA–HQ–OW–2019– considered and appropriate changes VII. Compliance With the National 0372, at https://www.regulations.gov have been made to the proposed permit. Environmental Policy Act (NEPA) (our preferred method), or the other The EPA’s responses to public VIII. Executive Order 12898: Federal Actions methods identified in the ADDRESSES comments received will be included in To Address Environmental Justice in Minority Populations and Low-Income section. Once submitted, comments the docket as part of the final issuance. Populations cannot be edited or removed from the Once the final permit becomes effective, IX. Executive Order 13175: Consultation and docket. The EPA may publish any eligible operators of industrial facilities Coordination With Indian Tribal comment received to its public docket. may seek authorization under the 2020 Governments Do not submit electronically any MSGP.

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E. Who are the EPA regional contacts for NPDES permitting authority in the settlement agreement, the EPA agreed the proposed permit? EPA’s Region 4. As proposed, this that, when drafting the proposed 2020 For the EPA Region 1, contact David permit will cover facilities in the state MSGP, it will consider Gray at: (617) 918–1577 or gray.davidj@ of Idaho; the schedule for the transfer of recommendations suggested in the epa.gov. NPDES Permitting Authority to Idaho completed NRC Study. for stormwater general permits is July 1, The NRC delivered the results of their For the EPA Region 2, contact 2021. The geographic coverage of this study, Improving the EPA Multi-Sector Stephen Venezia at: (212) 637–3856 or permit is listed in Appendix C of the General Permit for Industrial [email protected], or for Puerto proposed permit. This permit will Stormwater Discharges, in February of Rico contact Sergio Bosques at: (787) authorize stormwater discharges from 2019. The NRC study can be found at 977–5838 or [email protected]. industrial facilities in 30 sectors, as the following website: https:// For the EPA Region 3, contact Carissa shown in section I.A. of this document. www.nap.edu/catalog/25355/improving- Moncavage at: (215) 814–5798 or The proposed permit is similar to the the-epa-multi-sector-general-permit-for- [email protected]. existing permit and is structured in nine industrial-stormwater-discharges. For the EPA Region 4, contact Sam (9) parts: General requirements that The NRC study’s overarching Sampath at: (404) 562–9229 or apply to all facilities (e.g., eligibility recommendation is that the MSGP is too [email protected]. requirements, effluent limitations, static and should continuously improve For the EPA Region 5, contact inspection and monitoring based on best available science, new Matthew Gluckman at: (312) 886–6089 requirements, Stormwater Pollution data, and technological advances. The or [email protected]. Prevention Plan (SWPPP) requirements, following is a high-level summary of the For the EPA Region 6, contact Nasim and reporting and recordkeeping NRC study’s recommendations the EPA Jahan at: (214) 665–7522 or requirements) (Parts 1–7); industrial addressed in the proposed 2020 MSGP, [email protected]. sector-specific conditions (Part 8); and organized by category. The proposed For the EPA Region 7, contact Mark state and Tribal-specific requirements Fact Sheet provides further discussion Matthews at: (913) 551–7635 or applicable to facilities located within of the NRC study’s recommendations [email protected]. individual states or Indian Country (Part and the settlement agreement terms and For the EPA Region 8, contact Amy 9). Additionally, the appendices provide how they were addressed in the Clark at: (303) 312–7014 or clark.amy@ proposed forms for the Notice of Intent proposed permit. epa.gov. (NOI), the Notice of Termination (NOT), Where the EPA proposes a new or For the EPA Region 9, contact Eugene the Conditional No Exposure Exclusion, modified provision, the EPA also Bromley at: (415) 972–3510 or the Discharge Monitoring Report (DMR), solicits comment on alternatives to the [email protected]. and the annual report, as well as step- proposal and/or not moving forward For the EPA Region 10, contact by-step procedures for determining with the proposal in the final permit. A Margaret McCauley at: (206) 553–1772 eligibility with respect to protecting more comprehensive discussion of the or [email protected]. historic properties and endangered NRC study recommendations can be II. Background of Permit species, and for calculating site-specific, found in Part III of the fact sheet. hardness-dependent benchmarks. • Recommendations for MSGP Section 405 of the Water Quality Act pollutant monitoring requirements and of 1987 added section 402(p) of the A. 2015 MSGP Litigation and National benchmark thresholds: Clean Water Act (CWA), which directed Academies Study Æ Industry-wide monitoring for pH, the EPA to develop a phased approach After the EPA issued the 2015 MSGP, total suspended solids (TSS), and to regulate stormwater discharges under numerous environmental non- chemical oxygen demand (COD) as the NPDES program. The EPA published governmental organizations (NGOs) 1 basic indicators of the effectiveness of a final regulation on the first phase on challenged the permit, two industry stormwater controls employed on site. this program on November 16, 1990, groups 2 intervened, and a Settlement To address this recommendation, the establishing permit application Agreement was signed in 2016 with all EPA proposes to require ‘‘universal requirements for ‘‘stormwater parties. The settlement agreement did benchmark monitoring’’ for pH, TSS, discharges associated with industrial not affect the 2015 MSGP but stipulated and COD for all facilities. See Part 4.2.1 activity.’’ See 55 FR 48063. The EPA several terms and conditions that the of the proposed permit and fact sheet. defined the term ‘‘stormwater discharge EPA agreed to address in the proposed Æ A process to periodically review associated with industrial activity’’ in a 2020 MSGP. One key term from the and update sector-specific benchmark comprehensive manner to cover a wide settlement agreement stipulated that the monitoring requirements to incorporate variety of facilities. See 40 CFR EPA fund a study conducted by the new scientific information. To address 122.26(b)(14). The EPA proposes to National Academies of Sciences, this recommendation, the EPA proposes issue the MSGP under this statutory and Engineering, and Medicine’s National revisions to the MSGP’s sector-specific regulatory authority. Research Council (NRC) on potential fact sheets, and proposes specific permit improvements, focused primarily benchmark monitoring for Sectors I, P, III. Summary of Proposed Permit on monitoring requirements, for and R. See Parts 4.2.1.1 and 8, and The proposed 2020 MSGP, once consideration in the next MSGP. In the Appendix Q of the proposed permit and finalized, will replace the existing fact sheet. MSGP, which was issued for a five-year 1 Environmental NGOs included Waterkeeper Æ Benchmark levels based on the term on June 4, 2015 (see 80 FR 34403). Alliance, Apalachicola Riverkeeper, Galveston criteria designed to protect aquatic Baykeeper, Raritan Baykeeper, Inc. d/b/a NY/NJ The 2020 MSGP will cover stormwater Baykeeper, Snake River Waterkeeper, Ecological ecosystems from adverse impacts from discharges from industrial facilities in Rights Foundation, Our Children’s Earth short term or intermittent exposures, areas where the EPA is the NPDES Foundation, Puget Soundkeeper, Lake Pend Oreille which to date have generally been acute permitting authority in the EPA’s Waterkeeper, and Conservation Law Foundation criteria. To address this (collectively, ‘‘Petitioners’’). Regions 1, 2, 3, 5, 6, 7, 8, 9 and 10, and 2 Industry intervenors included Federal Water recommendation, the EPA proposes to will also now provide coverage for Quality Coalition and Federal Storm Water update and/or requests comment on industrial facilities where the EPA is the Association. i benchmark thresholds for aluminum,

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selenium, arsenic, cadmium, conditions, as an alternative or adjunct order to ensure that discharges meet magnesium, iron, and copper based on to structural source controls and/or technology-based and water quality- the latest toxicity information. See Parts treatment controls required in proposed based effluent limitations, and/or (c) to 4.2.1.2 and 8 of the proposed fact sheet. Tier 3 AIM responses. See Part 5.2.3.2.b conduct further inquiry regarding the • Recommendations for sampling of the proposed permit and fact sheet. site’s eligibility for general permit and data collection: In addition to the NRC study, the coverage. See Part 1.3.3 and Table 1–2 Æ Allowance and promotion of the following are other key terms from the of the proposed permit and fact sheet. use of composite sampling for 2016 Settlement Agreement and how • Additional Implementation benchmark monitoring for all pollutants and where the EPA addressed those Measures (AIM). The EPA agreed to except those affected by storage time. To terms in the proposed permit: include in the benchmark monitoring address this recommendation, the EPA • Comparative analysis. The EPA section of the proposed MSGP proposes an explicit clarification that agreed to review examples of numeric ‘‘Additional Implementation Measures’’ composite sampling is allowed for and non-numeric effluent limitations (AIM) requirements for operators for benchmark monitoring. See Part 4.1.4 of (including complete prohibitions, if responding to benchmark exceedances. the proposed permit and fact sheet. any) applicable to the discharge of See Part 5.2 of the proposed permit and Æ For permittees with average results industrial stormwater that have been set fact sheet. that meet the benchmark, a minimum of in other jurisdictions and evaluate the • Facilities required to monitor for continued annual sampling to ensure bases for those limitations. The EPA discharges to impaired waters without appropriate stormwater management includes this analysis, titled ‘‘MSGP an EPA-approved or established Total throughout the remainder of the permit Effluent Limit Comparative Analysis,’’ Maximum Daily Load (TMDL). The EPA term. To address this recommendation, in the docket for this proposed permit agreed to propose for comment specific as part of proposed ‘‘universal (Docket ID No EPA–HQ–OW–2019– edits regarding monitoring for impaired benchmark monitoring’’ for pH, TSS, 0372). waters. See Part 4.2.4.1 of the proposed and COD for all facilities in Part 4.2.1.1, • Preventing recontamination of permit and fact sheet. the EPA proposes that facilities monitor federal Comprehensive Environmental • Revision of Industrial Stormwater and report for these three parameters on Response, Compensation, and Liability Fact Sheets. The EPA agreed to review a quarterly basis for the entire permit Act (CERCLA) sites. The EPA agreed to and revise the MSGP’s sector-specific term, regardless of any benchmark propose for comment an expansion to fact sheets associated with the permit. threshold exceedances, to ensure all the EPA Regions of the existing See Appendix Q of the proposed permit. facilities have current indicators of the eligibility criterion regarding operators B. Summary of Proposed Permit effectiveness of their stormwater control discharging to federal CERCLA sites that Changes measures throughout the permit term. currently applies to operators in Region See Part 4.2.1.2 of the proposed permit 10 in the 2015 MSGP. See Part 1.1.7 of The proposed MSGP includes several and fact sheet. the proposed permit and fact sheet. new or modified requirements from the Æ A tiered approach to monitoring • Eligibility criterion regarding coal- 2015 MSGP, many of which were that recognizes the varying levels of risk tar sealcoat. The EPA agreed to propose discussed in the previous section and among different industrial activities and for comment a new eligibility condition are being proposed to address terms in that balances the overall burden to for operators who, during their coverage the 2016 Settlement Agreement and the industry and permitting agencies. To under the next MSGP, will use coal-tar NRC study’s recommendations. The address this recommendation, the EPA sealcoat to initially seal or to re-seal EPA requests comment on these and all proposes to have the following tiered pavement and thereby discharge parts of the proposed permit. approach to monitoring: (1) A possible polycyclic aromatic hydrocarbons 1. Streamlining of permit. The EPA ‘‘inspection-only’’ option available to (PAHs) in stormwater. The EPA agreed proposes to streamline and simplify low-risk facilities (see Part 4.2.1.1 of the to propose that those operators are not language throughout the permit to proposed permit and fact sheet and eligible for coverage under the MSGP present the requirements in a generally associated request for comment in that and must either eliminate such more clear and readable manner. Part); (2) require new ‘‘universal discharge or apply for an individual Regarding structure of the proposed benchmark monitoring’’ for pH, TSS, permit. See Part 1.1.8 of the proposed permit, proposed Part 4 (Monitoring) and COD; (3) continue existing permit and fact sheet. was previously Part 6 in the 2015 benchmark monitoring requirements • Permit authorization relating to a MSGP; proposed Part 5 (Corrective from the 2015 MSGP; and (4) require pending enforcement action. The EPA Actions and AIM) was previously Part 4 continued benchmark monitoring as agreed to solicit comment on a in the 2015 MSGP; and proposed Part 6 part of the proposed Additional provision covering the situation where a (SWPPP) was previously Part 5 in the Implementation Measures (AIM) facility not covered under the 2015 2015 MSGP. In the EPA’s view, protocol for repeated benchmark MSGP submits an NOI for permit formatting the permit in this new order exceedances. See Parts 4.2. and 5.2 in coverage while there is a related (Monitoring, followed by Corrective the proposed permit and fact sheet. pending enforcement stormwater related Actions and AIM, then SWPPP • Recommendations for stormwater action by the EPA, a state, or a citizen requirements) makes more sequential retention to minimize pollutant loads: (to include both notices of violations sense as the latter parts often refer back Æ Incentives to encourage industrial (NOVs) by the EPA or the state and to requirements in previous parts of the stormwater infiltration or capture and notices of intent to bring a citizen suit). permit. This new structure should use where appropriate. The EPA In this situation, the EPA agreed to enhance understanding of and acknowledges the importance of solicit comment on holding the facility’s compliance with the permit’s protecting groundwater during the use NOI for an additional 30 days to allow requirements. The EPA also made a few of stormwater infiltration systems. To the EPA an opportunity to (a) review the additional edits to improve permit address this recommendation, the EPA facility’s control measures expressed in readability and clarity. The EPA revised proposes infiltration, where the operator its SWPPP, (b) identify any additional the wording of many eligibility can demonstrate to the EPA that it is control measures that the EPA deems requirements to be an affirmative appropriate and feasible for site-specific necessary to control site discharges in expression of the requirement instead of

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assumed ineligibility unless a condition industrial activities are located and of the proposed permit and fact sheet, was met. For example, proposed Part thereby discharge polycyclic aromatic and request for comment 6. 1.1.6.2 reads ‘‘If you discharge to an hydrocarbons (PAHs) in stormwater, 4. Consideration of major storm ‘impaired water’. . .you must do one of would be eligible for coverage under the control measure enhancements. The the following:’’ In comparison, the 2015 2020 MSGP only if they eliminate such EPA proposes that operators would be MSGP reads ‘‘If you are a new discharge(s). This would reduce the required to consider implementing discharger or a new source. . .you are amount of PAHs in industrial enhanced measures for facilities located ineligible for coverage under this permit stormwater discharges. Alternatively, in areas that could be impacted by to discharge to an ‘impaired water’ . . . operators who wish to pave their stormwater discharges from major storm unless you do one of the following.’’ surfaces where industrial activities are events that cause extreme flooding The EPA also numbered proposed located with coal-tar sealcoat may apply conditions. The purpose of this permit conditions that were previously for an individual permit. See Part 1.1.8 proposed requirement is to encourage in bullet form to make it easier to follow of the proposed permit and fact sheet, industrial site operators to consider the and reference the permit conditions. and request for comment 2. risks to their industrial activities and Finally, the language of the proposed • Discharge authorization related to the potential impact of pollutant permit was changed from passive to enforcement action. The EPA proposes discharges caused by stormwater active voice where appropriate (e.g., to establish a discharge authorization discharges from major storm events and ‘‘Samples must be collected . . .’’ now wait period of 60 calendar days after extreme flooding conditions. The EPA reads ‘‘You must collect samples . . .’’). NOI submission for any operators whose also requests comment on how the 2. Permit eligibility and authorization- discharges were not previously covered permit might identify facilities that are related changes. under the 2015 MSGP and who have a at the highest risk for stormwater • Eligibility for stormwater discharges pending stormwater-related impacts from major storms that cause to a federal CERCLA site. The 2015 enforcement action by the EPA, a state, extreme flooding conditions. See Part MSGP requires facilities in the EPA or a citizen (to include both NOVs by 2.1.1.8 of the proposed permit and fact Region 10 that discharge stormwater to the EPA or a state and notices of intent sheet, and request for comment 8. certain CERCLA or Superfund sites (as to bring a citizen suit). EPA is proposing 5. Monitoring changes. defined in MSGP Appendix A and listed this new requirement because the • Universal benchmark monitoring in MSGP Appendix P) to notify the EPA Agency is aware of some instances for all sectors. The EPA proposes to Regional Office in advance and requires where a facility with a pending require all facilities to conduct the EPA Regional Office to determine enforcement action will quickly submit benchmark monitoring for three whether the facility is eligible for permit an NOI without adequately developing indicator parameters of pH, TSS, and coverage. In determining eligibility for their SWPPP or stormwater control COD, called universal benchmark coverage, the EPA Regional Office may measures (SCMs) in order to avoid monitoring. This proposed requirement evaluate whether the facility has further enforcement action. This would apply to all sectors/subsectors, included appropriate controls and additional review time would allow including those facilities that previously implementation procedures designed to EPA to (a) review the facility’s SCMs did not have any chemical-specific ensure that the discharge will not lead detailed in the NOI and SWPPP to make benchmark monitoring requirements to recontamination of aquatic media at sure they are appropriate for the facility and those that previously did not have the CERCLA site. While the 2015 MSGP which may already have stormwater these three specific benchmark permit cycle was limited to discharges pollution issues, (b) identify any parameters under the 2015 MSGP. to certain CERLCA sites in EPA Region additional SCMs that EPA deems These three parameters would provide a 10, the Agency is concerned that necessary to control site discharges in baseline and comparable understanding CERCLA site recontamination from order to ensure that discharges meet of industrial stormwater risk, broader MSGP authorized discharges may be an technology-based and water quality- water quality problems, and stormwater issue in all EPA Regions. In the based effluent limitations, and/or (c) control effectiveness across all sectors. proposed permit, the EPA requests conduct further inquiry regarding the See Part 4.2.1 of the proposed permit comment on whether this current site’s eligibility for permit coverage. See and fact sheet, and requests for eligibility criterion should be applied in Part 1.3.3, Table 1–2 of the proposed comment 10 and 13. all the EPA Regions for facilities that permit and fact sheet, and request for • Impaired waters monitoring. Under discharge to Federal CERCLA sites that comment 4. the 2015 MSGP, operators discharging may be of concern for recontamination 3. Public sign of permit coverage. The to impaired waters must monitor once from stormwater discharges. The EPA is EPA proposes that the 2020 MSGP per year for pollutants for which the interested in information from the include a requirement that MSGP waterbody is impaired and can public that would assist the Agency in operators must post a sign of permit discontinue monitoring if these identifying such sites. The EPA also coverage at a safe, publicly accessible pollutants are not detected or not requests comment on requiring such location in close proximity to the expected in the discharge. The EPA facilities to notify the EPA Regional facility. The EPA proposes that this proposes to require operators Office a minimum of 30 days in advance notice must also include information discharging to impaired waters to of submitting the NOI form. See Part that informs the public on how to monitor only for those pollutants that 1.1.7 in the proposed permit and fact contact the EPA if stormwater pollution are both causing impairments and sheet, and request for comment 1. is observed in the discharge. This associated with the industrial activity • Eligibility related to application of addition will make the protocol for and/or benchmarks. The proposal coal-tar sealcoat. The EPA proposes in requesting a SWPPP easily specifies that, if the monitored pollutant Part 1.1.8 to include aa new eligibility understandable by the public and is not detected in your discharge for criterion related to stormwater improve transparency of the process to three consecutive years, or it is detected discharges from pavement where there report possible violations. The EPA but you have determined that its is coal-tar sealcoat. Operators who will requests comment on this proposal and presence is caused solely by natural use coal-tar sealcoat to initially seal or what information could be included on background sources, operators may to re-seal their paved surfaces where any sign or other notice. See Part 1.3.6 discontinue monitoring for that

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pollutant. This proposed requirements controlled to protect water quality. See and data related to pollutant sources potentially narrows scope of pollutants Part 5.2 of the proposed permit and fact under all industrial sectors with for which the operator must monitor sheet, and requests for comment 21, 22, petroleum hydrocarbon exposure that and improves protections for impaired 23, and 26. can release polycyclic aromatic waters. See Part 4.2.4.1 of the proposed 7. Revisions to sector-specific fact hydrocarbons (PAHs) via stormwater permit and fact sheet. sheets. The EPA proposes updates to the discharges, any concentrations of • Benchmark values. The EPA existing sector-specific fact sheets that individual PAHs and/or total PAHs at proposes to modify and/or requests include information about control industrial sites, the correlation of PAHs comment on benchmark thresholds for measures and stormwater pollution and COD, and appropriate pollution selenium, arsenic, cadmium, prevention for each sector to incorporate prevention/source control methods and magnesium, iron, and copper based on emerging stormwater control measures. stormwater control measures that could the latest toxicity information. See Parts These fact sheets are also proposed to be be used to address PAHs. See Part 4.2.1 and 8 of the proposed fact sheet used when implementing Tier 2 AIM. 4.2.1.2 of the proposed permit and fact and fact sheet, and requests for See Part 5.2.2.2 and Appendix Q of the sheet, and request for comment 20. comment 14, 15, 16, 17, 18, and 19. proposed permit and fact sheet. 7. Modifying the method for • Sectors with new benchmarks. The determining natural background 2015 MSGP does not require sector- C. Other Requests for Comment pollutant contributions. The EPA specific benchmark monitoring for In addition to the specific proposed requests comment on changing the Sector I (Oil and Gas Extraction), Sector changes discussed previously on which threshold for the natural background P (Land Transportation and the EPA seeks comment, the Agency exception throughout the permit from Warehousing), or Sector R (Ship and also requests comment on the following: the 2015 MSGP, which required no net Boat Building and Repair Yards). Based 1. Eligibility related to use of cationic facility contributions, to the proposed on the NRC study recommendation chemicals. The EPA requests comment 2020 MSGP method of subtracting which identified potential sources of on adding an eligibility requirement to natural background concentrations from stormwater pollution from these sectors, the MSGP for operators who may elect the total benchmark exceedance to the EPA proposes to add benchmark to use cationic treatment chemicals to determine if natural background levels monitoring requirements for these three comply with the MSGP, similar to that are solely responsible for the sectors. See Part 8 of the proposed eligibility requirement in the EPA’s exceedance. EPA requests comment on permit, Parts 4.2.1.1 and 8 of the Construction General Permit (CGP). See implications of this change and other proposed fact sheet, and request for Part 1 of the proposed permit and fact factors the Agency should consider in comment 12. sheet, and request for comment 3. proposing this change to the exception. 6. Additional implementation 2. Change NOI form. The EPA EPA also requests comment on other measures. The EPA proposes revisions requests comment on whether a separate appropriate methods to characterize to the 2015 MSGP’s provisions paper Change NOI form would be useful natural background pollutant regarding benchmark monitoring for facilities for submitting concentrations. See Part 5.2.4 of the exceedances. The corrective action modifications to a paper NOI form. See proposed permit and fact sheet, and conditions, subsequent action Part 1.3.4 of the proposed permit and requests for comment 24 and 25. deadlines, and documentation fact sheet, and request for comment 5. 8. Clarifications to Sector G requirements in proposed Part 5.1 3. New acronym for the No Exposure monitoring requirements. The EPA remain unchanged from the 2015 MSGP. Certification (NOE). The EPA requests requests comment on whether the newly In proposed Part 5.2, the EPA proposes comment on changing the acronym for proposed language in Part 8.G.8.3 new tiered Additional Implementation the No Exposure Certification from clarifies the monitoring requirements for Measures (AIM), that are triggered by ‘‘NOE’’ to ‘‘NEC’’ to more accurately that part and if the proposed monitoring benchmark monitoring exceedances. represent what the acronym stands for. frequency is appropriate. Given the The proposed AIM requirements would See Part 1.5 of the proposed permit and overlap in parameters the operator is replace corresponding sections fact sheet, and request for comment 7. required to monitor for in Parts 8.G.8.2 regarding benchmark exceedances in the 4. Alternative approaches to and 8.G.8.3 and the potential confusion 2015 MSGP (‘‘Data exceeding benchmark monitoring. The EPA about the monitoring schedules for the benchmarks’’ in Part 6.2.1.2 in the 2015 requests comment on viable alternative same parameter, EPA proposes to align MSGP). There are three AIM levels: AIM approaches to benchmark monitoring the monitoring schedule for Part 8.G.8.3 Tier 1, Tier 2, and Tier 3. Operators for characterizing industrial sites’ to that of Part 8.G.8.2. The EPA also would be required to respond to stormwater discharges, quantifying requests comment on suspending the different AIM levels with increasingly pollutant concentrations, and assessing analytical monitoring currently required robust control measures depending on stormwater control measure for radium and uranium in Part 8.G.8.3 the nature and magnitude of the effectiveness. See Part 4.2.1 of the until a relevant water quality criterion benchmark threshold exceedance. The proposed permit and fact sheet, and and possible benchmark value can be EPA proposes to retain exceptions to request for comment 9. developed. The EPA requests comment AIM triggers based on natural 5. Inspection-only option in lieu of on any alternative or additional background sources or run-on for all benchmark monitoring. The EPA clarifications to the monitoring AIM levels. The EPA also proposes an requests comment on whether the frequencies the Agency should consider exception in AIM Tier 2 for a one-time permit should include an inspection- for this Part. See Part 8.G.8.3 of the aberrant event, and an exception in AIM only option for ‘‘low-risk’’ facilities in proposed permit and fact sheet, and Tier 3 for operators who are able to lieu of conducting benchmark request for comment 27. demonstrate that the benchmark monitoring. See Part 4.2.1.1 of the exceedance does not result in any proposed permit and fact sheet, and IV. Paperwork Reduction Act (PRA) exceedance of applicable water quality request for comment 11. The information collection activities standards. Proposed AIM requirements 6. Information about polycyclic in this proposed permit have been will increase regulatory certainty while aromatic hydrocarbons (PAHs). The submitted for approval to the OMB ensuring that discharges are sufficiently EPA requests comment on information under the PRA. The Information

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Collection Request (ICR) document that for minimizing respondent burden to category includes ‘‘actions involving the EPA prepared has been assigned the EPA using the docket identified at reissuance of a NPDES permit for a new EPA ICR number 2040–NEW. You can the beginning of this proposed permit source providing the conclusions of the find a copy of the ICR in the docket for (Docket ID No EPA–HQ–OW–2019– original NEPA document are still valid, this permit (Docket ID No EPA–HQ– 0372). You may also send your ICR- there will be no degradation of the OW–2019–0372), and it is briefly related comments to OMB’s Office of receiving waters, and the permit summarized here. Information and Regulatory Affairs via conditions do not change or are more CWA section 402 and the NPDES email to OIRA_submission@ environmentally protective.’’ The EPA regulations require collection of omb.eop.gov, Attention: Desk Officer for completed an Environmental information primarily used by the EPA. Since OMB is required to make Assessment/Finding of No Significant permitting authorities, permittees a decision concerning the ICR between Impact (EA/FONSI) for the existing 2015 (operators), and the EPA to make 30 and 60 days after receipt, OMB must MSGP. The analysis and conclusions NPDES permitting decisions. The receive comments no later than April 1, regarding the potential environmental burden and costs associated with the 2020. The EPA will respond to any ICR- impacts, reasonable alternatives, and entire NPDES program are accounted in related comments in the final permit. potential mitigation included in the EA/ an approved ICR (EPA ICR number V. Cost Analysis FONSI are still valid for the reissuance 0229.23, OMB control no. 2040–0004). of the MSGP because the proposed Certain changes in this proposed permit The EPA expects the incremental cost permit conditions are either the same or would require revisions to the ICR to impact on entities that will be covered in some cases are more environmentally reflect changes to the forms and other under this permit, including small protective. Actions may be categorically information collection requirements. businesses, to be minimal. The EPA excluded if the action fits within a The EPA is reflecting the paperwork anticipates the incremental cost for new category of action that is eligible for burden and costs associated with this or modified permit requirements will be exclusion and the proposed action does permit in a separate ICR instead of $472.75 per facility per year; or not involve any extraordinary revising the existing ICR for the entire $2,363.74 per facility over the 5-year circumstances. The EPA has reviewed program for administrative reasons. permit term. A copy of the EPA’s cost the proposed action and determined Eventually, the EPA plans to analysis for the proposed permit, titled that the reissuance of the MSGP does consolidate the burden and costs in this ‘‘Cost Impact Analysis for the Proposed not involve any extraordinary ICR into that master ICR for the entire 2020 Multi-Sector General Permit circumstances listed in 6.204(b)(1) NPDES program and discontinue this (MSGP),’’ is available in the docket through (b)(10). Prior to the issuance of separate collection. (Docket ID No EPA–HQ–OW–2019– the final MSGP, the EPA Responsible Respondents/affected entities: 0372). The economic impact analysis Official will document the application Industrial facilities in the 30 sectors indicates that while there will be an of the categorical exclusion and will shown in section I.A of this notice in incremental increase in the costs of make it available to the public on the the areas where the EPA is the NPDES complying with the new proposed EPA’s website at https:// permitting authority. permit, these costs will not have a cdxnodengn.epa.gov/cdx-enepa-public/ Respondent’s obligation to respond: significant economic impact on a action/nepa/search. If new information Compliance with the MSGP’s substantial number of small entities. or changes in the proposed permit information collection and reporting VI. Executive Order 12866: Regulatory involve or relate to at least one of the requirements is mandatory for MSGP Planning and Review and Executive extraordinary circumstances or operators. Order 13563: Improving Regulation and otherwise indicate that the permit may Estimated number of respondents: Regulatory Review not meet the criteria for categorical The EPA estimates that approximately exclusion, the EPA will prepare an EA 2,400 operators will receive coverage Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a or Environmental Impact Statement under the 2020 MSGP. (EIS). Frequency of response: Response ‘‘significant regulatory action.’’ frequencies in the proposed 2020 MSGP Accordingly, EPA submitted this action VIII. Executive Order 12898: Federal vary from once per permit term to to the Office of Management and Budget Actions To Address Environmental quarterly. (OMB) for review under Executive Justice in Minority Populations and Total estimated burden: The EPA Orders 12866 and 13563 (76 FR 3821, Low-Income Populations estimates that the proposed information January 21, 2011) and any changes made collection burden of the proposed in response to OMB recommendations The EPA believes that this action does permit is 68,857 hours per year. Burden will be documented in the docket for not have disproportionately high and is defined at 5 CFR 1320.3(b). this action (Docket ID No EPA–HQ– adverse human health or environmental Total estimated cost: The EPA OW–2019–0372). effects on minority populations, low- estimates that the proposed information income populations and/or indigenous VII. Compliance With the National collection cost of the proposed permit is peoples, as specified in Executive Order Environmental Policy Act (NEPA) $2,374,891.73 per year. 12898 (59 FR 7629, February 16, 1994). An agency may not conduct or Pursuant to the National The EPA has determined that the sponsor, and a person is not required to Environmental Policy Act (NEPA) (42 proposed permit will not have respond to, a collection of information U.S.C. 4321–4307h), the Council on disproportionately high and adverse unless it displays a currently valid OMB Environmental Quality’s NEPA human health or environmental effects control number. The OMB control regulations (40 CFR part 15), and the on minority or low-income populations numbers for the EPA’s regulations in 40 EPA’s regulations for implementing because the requirements in the permit CFR are listed in 40 CFR part 9. NEPA (40 CFR part 6), the EPA has apply equally to industrial facilities in Submit your comments on the determined that the reissuance of the areas where the EPA is the permitting Agency’s need for this information, the MSGP is eligible for a categorical authority, and the proposed provisions accuracy of the provided burden exclusion requiring documentation increase the level of environmental estimates and any suggested methods under 40 CFR 6.204(a)(1)(iv). This protection for all affected populations.

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IX. Executive Order 13175: Agency will complete the Clean Water Misback, Secretary of the Board, 20th Consultation and Coordination With Act section 401 certification procedures and Constitution Avenue NW, Indian Tribal Governments with all authorized tribes where this Washington, DC 20551–0001, not later This action has tribal implications. permit will apply. than March 16, 2020. However, it will neither impose (Authority: Clean Water Act, 33 U.S.C. 1251 A. Federal Reserve Bank of Atlanta substantial direct compliance costs on et seq.) (Kathryn Haney, Assistant Vice federally recognized tribal governments, Dated: February 12, 2020. President) 1000 Peachtree Street, NE, nor preempt tribal law. With limited Dennis Deziel, Atlanta, Georgia 30309. Comments can also be sent electronically to exceptions, the EPA directly Regional Administrator, EPA Region 1. [email protected]: implements the NPDES program in Javier Laureano, 1. S3 Dynamics, L.P., and S3 Indian country as no tribe has yet Director, Water Division, EPA Region 2. obtained EPA authorization to Management, L.L.C. (the managing Carmen R. Guerrero-Pe´rez, administer the NPDES program. As a members of which are John Charles result, almost all eligible facilities with Director, Caribbean Environmental Protection Simpson, New Orleans, Louisiana; John Division, EPA Region 2. stormwater discharges associated with Charles Simpson, Jr., Fenton, Missouri; industrial activities in Indian country Catherine A. Libertz, and Simeon A. Thibeaux, Alexandria, fall under the EPA MSGP or may be Director, Water Division, EPA Region 3. Louisiana), as general partner, both of covered under an individual NPDES Jeaneanne M. Gettle, Alexandria, Louisiana; to become permit issued by the EPA. Director, Water Division, EPA Region 4. members of the Simpson Family Control The EPA consulted with tribal Thomas R. Short Jr., Group and to acquire voting shares of officials under the EPA Policy on Acting Director, Water Division, EPA Region Red River Bancshares, Inc., and thereby Consultation and Coordination with 5. indirectly acquire voting shares of Red Indian Tribes early in the process of Brent E. Larsen, River Bank, both of Alexandria, developing this permit to have Acting Director, Water Division, EPA Region Louisiana. meaningful and timely input into its 6. B. Federal Reserve Bank of Chicago development to gain an understanding Jeffrey Robichaud, (Colette A. Fried, Assistant Vice of and, where necessary, to address the Director, Water Division, EPA Region 7. President) 230 South LaSalle Street, tribal implications of the proposed Humberto L. Garcia, Jr., Chicago, Illinois 60690–1414: permit. A summary of that consultation Acting Director, Water Division, EPA Region 1. Rex R. Weaver, Granger, Iowa, and coordination follows. 8. Steven L. Afdahl, Temecula, California, The EPA initiated a tribal Toma´s Torres, and Daniel L. Stockdale, Iowa Falls, consultation and coordination process Director, Water Division, EPA Region 9. Iowa, as co-trustees of the Rex R. for this action by sending a ‘‘Notice of Daniel D. Opalski, Weaver Revocable Trust II Agreement, Consultation and Coordination’’ letter Director, Water Division, EPA Region 10. and Christopher W. Weaver, Iowa Falls, on June 26, 2019, to all 573 federally Iowa, each individually and together as recognized tribes. The letter invited [FR Doc. 2020–04254 Filed 2–28–20; 8:45 am] BILLING CODE 6560–50–P a group acting in concert; to retain tribal leaders and designated voting shares of Green Belt consultation representative(s) to Bancorporation and thereby indirectly participate in the tribal consultation and FEDERAL RESERVE SYSTEM acquire voting shares of Green Belt Bank coordination process. The EPA held an & Trust, both of Iowa Falls, Iowa. informational webinar for tribal Change in Bank Control Notices; representatives on August 1, 2019. A Board of Governors of the Federal Reserve Acquisitions of Shares of a Bank or total of 19 tribal representatives System, February 25, 2020. Bank Holding Company participated in the webinar. The EPA Yao-Chin Chao also presented an overview of the The notificants listed below have Assistant Secretary of the Board. current 2015 MSGP and potential applied under the Change in Bank [FR Doc. 2020–04161 Filed 2–28–20; 8:45 am] changes for the reissuance of the MSGP Control Act (Act) (12 U.S.C. 1817(j)) and BILLING CODE P to the National Tribal Water Council § 225.41 of the Board’s Regulation Y (12 during a July 10, 2019 call with EPA CFR 225.41) to acquire shares of a bank staff. or bank holding company. The factors FEDERAL RESERVE SYSTEM The EPA solicited comment from that are considered in acting on the Proposed Agency Information federally recognized tribes early in the notices are set forth in paragraph 7 of Collection Activities; Comment reissuance process. Tribes and tribal the Act (12 U.S.C. 1817(j)(7)). organizations submitted one letter and The applications listed below, as well Request three emails to the EPA. Records of the as other related filings required by the AGENCY: Board of Governors of the tribal informational webinar and a Board, if any, are available for Federal Reserve System. consultation summary summarizing the immediate inspection at the Federal written comments submitted by tribes Reserve Bank indicated. The ACTION: Notice, request for comment. are included in the docket for this applications will also be available for SUMMARY: proposed action (Docket ID No EPA– inspection at the offices of the Board of The Board of Governors of the HQ–OW–2019–0372). Governors. Interested persons may Federal Reserve System (Board) invites The EPA incorporated the feedback it express their views in writing on the comment on a proposal to extend for received from tribal representatives in standards enumerated in paragraph 7 of three years, without revision, the the proposal. The Agency specifically the Act. Reporting Requirements Associated solicits additional comment on this Comments regarding each of these with Regulation A (FR A; OMB No. proposed permit from tribal officials. applications must be received at the 7100–0373). The EPA also notes that as part of the Reserve Bank indicated or the offices of DATES: Comments must be submitted on finalization of this proposed permit, the the Board of Governors, Ann E. or before May 1, 2020.

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ADDRESSES: You may submit comments, System, Washington, DC 20551, (202) Estimated average hours per response: identified by FRA, by any of the 452–3829. 8. following methods: SUPPLEMENTARY INFORMATION: On June Estimated annual burden hours: 40. • Agency Website: https:// 15, 1984, OMB delegated to the Board General description of report: The www.federalreserve.gov/. Follow the authority under the PRA to approve and Board has established, by regulation, instructions for submitting comments at assign OMB control numbers to policies and procedures with respect to https://www.federalreserve.gov/apps/ collections of information conducted or emergency lending under section 13(3) foia/proposedregs.aspx. sponsored by the Board. In exercising of the Federal Reserve Act, as amended • Email: regs.comments@ this delegated authority, the Board is by sections 1101 and 1103 of the Dodd- federalreserve.gov. Include the OMB directed to take every reasonable step to Frank Wall Street Reform and Consumer number in the subject line of the solicit comment. In determining Protection Act (the Dodd-Frank Act). message. whether to approve a collection of With the FR A information collection, • FAX: (202) 452–3819 or (202) 452– information, the Board will consider all the Federal Reserve complies with the 3102. comments received from the public and requirements of the Federal Reserve Act, • Mail: Ann E. Misback, Secretary, other agencies. as amended by section 1101(a)(6) of the Board of Governors of the Federal Dodd-Frank Act. Reserve System, 20th Street and Request for Comment on Information Section 1101 of the Dodd-Frank Act Constitution Avenue NW, Washington, Collection Proposal amended section 13(3) to provide that a DC 20551. The Board invites public comment on Federal Reserve Bank may rely on a All public comments are available the following information collection, written certification from the person or from the Board’s website at https:// which is being reviewed under from the chief executive officer or other www.federalreserve.gov/apps/foia/ authority delegated by the OMB under authorized officer of the entity, at the proposedregs.aspx as submitted, unless the PRA. Comments are invited on the time the person or entity initially modified for technical reasons or to following: borrows under the program or facility, remove personally identifiable a. Whether the proposed collection of that the person or entity is not information at the commenter’s request. information is necessary for the proper insolvent. The amendments provide that Accordingly, comments will not be performance of the Board’s functions, a borrower is considered insolvent if the edited to remove any identifying or including whether the information has borrower is in bankruptcy, resolution contact information. Public comments practical utility; under Title II of Public Law 111–203 (12 may also be viewed electronically or in b. The accuracy of the Board’s U.S.C. 5381 et seq.) or any other Federal paper in Room 146, 1709 New York estimate of the burden of the proposed or State insolvency proceeding. Avenue NW, Washington, DC 20006, information collection, including the Legal authorization and between 9:00 a.m. and 5:00 p.m. on validity of the methodology and confidentiality: The FR A is authorized weekdays. For security reasons, the assumptions used; pursuant to section 13(3) of the Federal Board requires that visitors make an c. Ways to enhance the quality, Reserve Act, which allows for the appointment to inspect comments. You utility, and clarity of the information to written certification. A Federal Reserve may do so by calling (202) 452–3684. be collected; Bank may not lend to an entity that is Upon arrival, visitors will be required to d. Ways to minimize the burden of insolvent. The obligation to respond, present valid government-issued photo information collection on respondents, therefore, is required to obtain a benefit. identification and to submit to security including through the use of automated The information collected under FR A screening in order to inspect and collection techniques or other forms of may be kept confidential under photocopy comments. information technology; and exemption 4 of the Freedom of Additionally, commenters may send a e. Estimates of capital or startup costs Information Act, which protects copy of their comments to the Office of and costs of operation, maintenance, commercial or financial information Management and Budget (OMB) Desk and purchase of services to provide obtained from a person that is privileged 2 Officer—Shagufta Ahmed—Office of information. or confidential. Information and Regulatory Affairs, At the end of the comment period, the Board of Governors of the Federal Reserve Office of Management and Budget, New comments and recommendations System, February 25, 2020. Executive Office Building, Room 10235, received will be analyzed to determine Michele Taylor Fennell, 725 17th Street NW, Washington, DC the extent to which the Board should Assistant Secretary of the Board. modify the proposal. 20503, or by fax to (202) 395–6974. [FR Doc. 2020–04196 Filed 2–28–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: A Proposal Under OMB Delegated BILLING CODE 6210–01–P copy of the Paperwork Reduction Act Authority To Extend for Three Years, (PRA) OMB submission, including any Without Revision, the Following reporting form and instructions, the Information Collection FEDERAL RESERVE SYSTEM supporting statement, and other Report title: Reporting Requirements Proposed Agency Information documentation will be placed into Associated with Regulation A. OMB’s public docket files, if approved. Collection Activities; Comment Agency form number: FR A. Request These documents will also be made OMB control number: 7100–0373. available on the Board’s public website Frequency: Event-generated. AGENCY: Board of Governors of the at https://www.federalreserve.gov/apps/ Respondents: Entities or persons Federal Reserve System. reportforms/review.aspx or may be borrowing under an emergency lending ACTION: Notice, request for comment. requested from the agency clearance program or facility established pursuant officer, whose name appears below. to section 13(3) of the Federal Reserve SUMMARY: The Board of Governors of the Federal Reserve Board Clearance Act.1 Federal Reserve System (Board) invites Officer—Nuha Elmaghrabi—Office of Estimated number of respondents: 5. comment on a proposal to extend for the Chief Data Officer, Board of Governors of the Federal Reserve 1 12 U.S.C. 343(3). 2 5 U.S.C. 552(b)(4).

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three years, with revision, the Joint requested from the agency clearance Practices of Entities Regulated by the Standards for Assessing the Diversity officer, whose name appears below. Agencies (Policy Statement). Policies and Practices of Entities Federal Reserve Board Clearance Agency form number: FR 2100. Regulated by the Agencies (FR 2100; Officer—Nuha Elmaghrabi—Office of OMB control number: 7100–0368. OMB No. 7100–0368). the Chief Data Officer, Board of Frequency: Annual. DATES: Comments must be submitted on Governors of the Federal Reserve Respondents: All financial or before May 1, 2020. System, Washington, DC 20551 (202) institutions regulated by the Board. ADDRESSES: You may submit comments, 452–3829. Telecommunications Device Estimated number of respondents: identified by FR 2100, by any of the for the Deaf (TDD) users may contact 125. following methods: (202) 263–4869, Board of Governors of Estimated average hours per response: • Agency Website: https:// the Federal Reserve System, Reporting: 7 hours; Disclosure: 1 hour. www.federalreserve.gov. Follow the Washington, DC 20551. Estimated annual burden hours: 1,000 instructions for submitting comments at SUPPLEMENTARY INFORMATION: On June hours. https://www.federalreserve.gov/apps/ 15, 1984, OMB delegated to the Board General description of report: Section foia/proposedregs.aspx. authority under the PRA to approve of 342 of the Dodd-Frank Wall Street • Email: regs.comments@ and assign OMB control numbers to Reform and Consumer Protection Act of federalreserve.gov. Include OMB collection of information requests and 2010 (Dodd-Frank Act) requires the number in the subject line of the requirements conducted or sponsored Office of the Comptroller of the message. by the Board. In exercising this Currency (OCC), Board, Federal Deposit • FAX: (202) 452–3819 or (202) 452– delegated authority, the Board is Insurance Corporation (FDIC), National 3102. directed to take every reasonable step to Credit Union Administration (NCUA), • Mail: Ann E. Misback, Secretary, solicit comment. In determining Bureau of Consumer Financial Board of Governors of the Federal whether to approve a collection of Protection (CFPB), and Securities and Reserve System, 20th Street and information, the Board will consider all Exchange Commission (SEC) (the Constitution Avenue NW, Washington, comments received from the public and Agencies) each to establish an Office of DC 20551. other agencies. Minority and Women Inclusion (OMWI) All public comments are available to be responsible for all matters of the Request for Comment on Information from the Board’s website at https:// Agency relating to diversity in Collection Proposal www.federalreserve.gov/apps/foia/ management, employment, and business proposedregs.aspx as submitted, unless The Board invites public comment on activities. Section 342 requires each modified for technical reasons or to the following information collection, OMWI director to develop standards for remove personally identifiable which is being reviewed under ‘‘assessing the diversity policies and information at the commenter’s request. authority delegated by the OMB under practices of entities regulated by the Public comments may also be viewed the PRA. Comments are invited on the agency.’’ The Policy Statement, electronically or in paper in Room 146, following: published jointly by the Agencies in 1709 New York Avenue NW, a. Whether the proposed collection of June 2015, contains those standards. Washington, DC 20006, between 9:00 information is necessary for the proper Proposed revisions: With respect to a.m. and 5:00 p.m. on weekdays. For performance of the Board’s functions; the reporting template, the Board security reasons, the Board requires that including whether the information has proposes to clarify the confidentiality visitors make an appointment to inspect practical utility; language in the ‘‘Use of Information’’ comments. You may do so by calling b. The accuracy of the Board’s section by stating that if a regulated (202) 452–3684. Upon arrival, visitors estimate of the burden of the proposed entity submits confidential commercial will be required to present valid information collection, including the information that is both customarily and government-issued photo identification validity of the methodology and actually treated as private by the entity, and to submit to security screening in assumptions used; the entity should separately designate c. Ways to enhance the quality, order to inspect and photocopy such information as ‘‘confidential utility, and clarity of the information to comments. commercial information,’’ as Additionally, commenters may send a be collected; d. Ways to minimize the burden of appropriate, and that the Board will copy of their comments to the Office of information collection on respondents, treat such designated information as Management and Budget (OMB) Desk including through the use of automated confidential to the extent permitted by Officer—Shagufta Ahmed—Office of collection techniques or other forms of law, including the Freedom of Information and Regulatory Affairs, 1 information technology; and Information Act. The Board also Office of Management and Budget, New e. Estimates of capital or startup costs proposes to delete the Yes/No boxes in Executive Office Building, Room 10235, and costs of operation, maintenance, Section 5 (‘‘Institution’s Self- 725 17th Street NW, Washington, DC and purchase of services to provide Assessment’’) and to ask the institution 20503 or by fax to (202) 395–6974. information. to describe its practices during the FOR FURTHER INFORMATION CONTACT: A At the end of the comment period, the assessment year. The Yes/No boxes are copy of the Paperwork Reduction Act comments and recommendations not necessary as Section 5 of the (PRA) OMB submission, including the received will be analyzed to determine reporting template already requests a proposed reporting form and the extent to which the Board should description of the programs that are instructions, supporting statement, and modify the proposal. proving successful as well as the other documentation will be placed into challenges institutions are facing with OMB’s public docket files, once Proposal Under OMB Delegated their diversity programs. Additionally, approved. These documents will also be Authority To Extend for Three Years, the FR 2100 includes a disclosure made available on the Board’s public With Revision, the Following provision for respondent institutions. website at: http:// Information Collection The Board has revised the FR 2100 www.federalreserve.gov/apps/ Report title: Joint Standards for reportforms/review.aspx or may be Assessing the Diversity Policies and 1 5 U.S.C. 552.

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information collection to account for Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM this disclosure provision. System, February 25, 2020. Proposed Agency Information Legal authorization and Michele Taylor Fennell, Collection Activities; Comment confidentiality: The information Assistant Secretary of the Board. Request collections contained within the Policy [FR Doc. 2020–04197 Filed 2–28–20; 8:45 am] Statement, as well as the self-assessment BILLING CODE 6210–01–P AGENCY: Board of Governors of the reporting template, are authorized by Federal Reserve System. 2 section 342 of the Dodd-Frank Act, ACTION: Notice, request for comment. which requires the Board’s OMWI FEDERAL RESERVE SYSTEM director to develop standards for SUMMARY: The Board of Governors of the assessing regulated entities’ diversity Formations of, Acquisitions by, and Federal Reserve System (Board) invites policies and practices. The information Mergers of Bank Holding Companies comment on a proposal to extend for collections associated with the Policy three years, with revision, the Survey of Statement are voluntary, as is the use of The companies listed in this notice Small Business and Farm Lending the self-assessment reporting template. have applied to the Board for approval, (SSBFL) (FR 2028; OMB No. 7100– The Transparency Standard, and a pursuant to the Bank Holding Company 0061). Act of 1956 (12 U.S.C. 1841 et seq.) portion of the Self-Assessment DATES: Comments must be submitted on (BHC Act), Regulation Y (12 CFR part Standard, call for regulated entities to or before May 1, 2020. 225), and all other applicable statutes provide information to the public, so ADDRESSES: You may submit comments, confidentiality is not an issue with and regulations to become a bank holding company and/or to acquire the identified by FR 2028, by any of the respect to those aspects of the Policy following methods: assets or the ownership of, control of, or Statement. A regulated entity may • Agency website: https:// the power to vote shares of a bank or provide self-assessment material to the www.federalreserve.gov/. Follow the bank holding company and all of the Board (including through use of the instructions for submitting comments at reporting template) containing banks and nonbanking companies https://www.federalreserve.gov/apps/ confidential commercial information owned by the bank holding company, foia/proposedregs.aspx. that is protectable under exemption 4 of including the companies listed below. • Email: regs.comments@ the Freedom of Information Act.3 If a The applications listed below, as well federalreserve.gov. Include the OMB regulated entity submits confidential as other related filings required by the number in the subject line of the commercial information that is both Board, if any, are available for message. customarily and actually treated as immediate inspection at the Federal • FAX: (202) 452–3819 or (202) 452– private by the entity, the entity should Reserve Bank indicated. The 3102. separately designate such information as applications will also be available for • Mail: Ann E. Misback, Secretary, ‘‘confidential commercial information,’’ inspection at the offices of the Board of Board of Governors of the Federal as appropriate, and the Board will treat Governors. Interested persons may Reserve System, 20th Street and such designated information as express their views in writing on the Constitution Avenue NW, Washington, confidential to the extent permitted by standards enumerated in the BHC Act DC 20551. law, including the Freedom of (12 U.S.C. 1842(c)). All public comments are available 4 from the Board’s website at https:// Information Act. As noted in the Policy Comments regarding each of these Statement, an entity’s primary federal www.federalreserve.gov/apps/foia/ applications must be received at the proposedregs.aspx as submitted, unless regulator may share information Reserve Bank indicated or the offices of obtained from regulated entities with modified for technical reasons or to the Board of Governors, Ann E. remove personally identifiable other Agencies, but the Agencies will Misback, Secretary of the Board, 20th only publish information disclosed to information at the commenter’s request. Street and Constitution Avenue NW, them in a form that does not identify a Accordingly, comments will not be Washington, DC 20551–0001, not later edited to remove any identifying or particular entity or individual or than April 1, 2020. contact information. Public comments disclose confidential business may also be viewed electronically or in information. A. Federal Reserve Bank of Atlanta (Kathryn Haney, Assistant Vice paper in Room 146, 1709 New York Consultation outside the agency: The President) 1000 Peachtree Street NE, Avenue NW, Washington, DC 20006, Agencies worked together to develop Atlanta, Georgia 30309. Comments can between 9:00 a.m. and 5:00 p.m. on standards for assessing the diversity also be sent electronically to weekdays. For security reasons, the policies and practices of their regulated Board requires that visitors make an [email protected]: entities. The Board will continue to appointment to inspect comments. You reach out to the regulated entities and 1. Business First Bancshares, Inc., may do so by calling (202) 452–3684. other interested parties to discuss Baton Rouge, Louisiana; to merge with Upon arrival, visitors will be required to diversity and inclusion in the financial Pedestal Bancshares, Inc., thereby present valid government-issued photo services industry and share leading indirectly acquire Pedestal Bank, both of identification and to submit to security practices. The primary federal financial Houma, Louisiana. screening in order to inspect and regulator will share information with Board of Governors of the Federal Reserve photocopy comments. other agencies, when appropriate, to System, February 26, 2020. Additionally, commenters may send a copy of their comments to the Office of support coordination of efforts and to Yao-Chin Chao, avoid duplication. Management and Budget (OMB) Desk Assistant Secretary of the Board. Officer—Shagufta Ahmed—Office of [FR Doc. 2020–04205 Filed 2–28–20; 8:45 am] 2 12 U.S.C. 5452. Information and Regulatory Affairs, 3 5 U.S.C. 552(b)(4). BILLING CODE 6210–01–P Office of Management and Budget, New 4 5 U.S.C. 552. Executive Office Building, Room 10235,

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725 17th Street NW, Washington, DC the extent to which the Board should survey as have two qualitative questions 20503, or by fax to (202) 395–6974. modify the proposal. ranking the relative weight of certain survey responses. A question related to FOR FURTHER INFORMATION CONTACT: A Proposal Under OMB Delegated credit card loans has been added to the copy of the Paperwork Reduction Act Authority To Extend for Three Years, (PRA) OMB submission, including the survey for those respondents with an With Revision, the Following asset size of greater than $10 billion. reporting form and instructions, Information Collection supporting statement, and other Changes to the instructions are documentation will be placed into Report title: Survey of Small Business clarifying in nature or address changes OMB’s public docket files, if approved. and Farm Lending. to the form. One change broadens the These documents will also be made Agency form number: FR 2028. definition of small business lending to OMB control number: 7100–0061. available on the Board’s public website allow institutions that do not track Frequency: Quarterly. borrowers’ organization revenue to at https://www.federalreserve.gov/apps/ Respondents: Domestically chartered reportforms/review.aspx or may be participate in the survey. Additionally, commercial banks. revisions have been made to the requested from the agency clearance Estimated number of respondents: FR officer, whose name appears below. Frequently Asked Questions section to 2028B—250, FR 2028S—250, FR increase clarity of form definitions. Federal Reserve Board Clearance 2028D—398. Officer—Nuha Elmaghrabi—Office of Estimated average hours per response: Small Business Lending Survey Form the Chief Data Officer, Board of FR 2028B—1.4, FR 2028S—0.1, FR Deletions Governors of the Federal Reserve 2028D—3.0. Questions determined to provide System, Washington, DC 20551, (202) Estimated annual burden hours: FR lower value, in comparison to the 452–3829. 2028B—1,400, FR 2028S—100, FR burden imposed on respondents SUPPLEMENTARY INFORMATION: On June 2028D—4,776. required to track and respond, would be 15, 1984, OMB delegated to the Board General description of report: The removed from the survey. Survey authority under the PRA to approve and SSBFL (previously the Survey of Terms questions related to weighted average assign OMB control numbers to of Lending) collects unique information base rates and the number and dollar collections of information conducted or concerning price and certain nonprice amount of secured loans would be sponsored by the Board. In exercising terms of loans made to businesses and removed, eliminating 12 questions each this delegated authority, the Board is farmers each quarter (February, May, for fixed rate and variable rate small directed to take every reasonable step to August, and November). The FR 2028B business commercial and industrial solicit comment. In determining collects detailed data on individual (C&I) loans. Questions related to loan whether to approve a collection of loans funded during the first full guarantees, including those referencing information, the Board will consider all business week of the mid-month of each Small Business Administration loans, comments received from the public and quarter and the FR 2028S collects the would also be removed, a reduction of other agencies. prime interest rate for each day of the 22 questions for fixed rate loans and 16 survey week from FR 2028B questions for variable rate loans. Four Request for Comment on Information respondents. The FR 2028D provides Collection Proposal questions each were removed for fixed focused and enhanced information on rate and variable rate loans regarding The Board invites public comment on small business lending including rates, number of loans at the interest rate the following information collection, terms, credit availability, and reasons floor, and five questions related to LMI which is being reviewed under for their changes. The FR 2028D collects tracts for Community Reinvestment Act authority delegated by the OMB under quarterly average quantitative data on purposes would be removed. Finally, the PRA. Comments are invited on the terms of small business loans and two questions ranking the relative following: qualitative information on changes and weight of certain survey responses a. Whether the proposed collection of the reasons for changes in the terms of would be eliminated. information is necessary for the proper lending. From these sample SSBFL data, performance of the Board’s functions, estimates of the terms of business loans Small Business Lending Survey Form including whether the information has and farm loans extended are Additions practical utility; constructed. The aggregate estimates for For institutions with an asset size b. The accuracy of the Board’s business loans are published in the greater than $10 billion, questions estimate of the burden of the proposed Federal Reserve Bank of Kansas City’s related to credit card lending would be information collection, including the quarterly release, Small Business added to the survey. Six questions, each validity of the methodology and Lending Survey, and aggregate estimates for fixed and variable rate lending, assumptions used; for farm loans are published in the would be added for the purpose of c. Ways to enhance the quality, statistical release, Agricultural Finance improving clarity in small business C&I utility, and clarity of the information to Databook. lending and to identify situations where be collected; Proposed revisions: The Federal interest rates on credit card loans may d. Ways to minimize the burden of Reserve proposes to implement skew data on weighted average interest information collection on respondents, revisions to the FR 2028D reporting rates. Additionally, an option to choose including through the use of automated requirements, forms and instructions, to the secured overnight financing rate collection techniques or other forms of be effective with the reports as of (SOFR) as an institution’s base rate for information technology; and August 1, 2020. Most of the revisions C&I small business lending would be e. Estimates of capital or startup costs are proposed to minimize burden on added to questions 1 and 2 of the and costs of operation, maintenance, respondents. These changes include survey. and purchase of services to provide removing items related to base lending information. rates, secured loans and loan Survey Period At the end of the comment period, the guarantees. Additionally, questions The Federal Reserve proposes a comments and recommendations related to low and moderate income change to begin the transmission period received will be analyzed to determine (LMI) tracts have been removed from the two weeks earlier to extend the

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transmission time for respondents to 28 SUPPLEMENTARY INFORMATION section NW, Suite CC–5610 (Annex D), calendar days, allowing additional time below. Please write: ‘‘FXI Holdings and Washington, DC 20580; or deliver your for reporters to prepare and transmit Innocor; File No. 191 0087’’ on your comment to the following address: data. comment, and file your comment online Federal Trade Commission, Office of the Legal authorization and at https://www.regulations.gov by Secretary, Constitution Center, 400 7th confidentiality: The FR 2028 is following the instructions on the web- Street SW, 5th Floor, Suite 5610 (Annex authorized by section 11(a)(2) of the based form. If you prefer to file your D), Washington, DC 20024. If possible, Federal Reserve Act (12 U.S.C. comment on paper, please mail your submit your paper comment to the 248(a)(2)), which authorizes the Board comment to the following address: Commission by courier or overnight to require any depository institution to Federal Trade Commission, Office of the service. make such reports of its assets and Secretary, 600 Pennsylvania Avenue Because your comment will be placed liabilities as the Board may determine to NW, Suite CC–5610 (Annex D), on the publicly accessible website at be necessary or desirable to enable the Washington, DC 20580, or deliver your https://www.regulations.gov, you are Board to discharge its responsibilities to comment to the following address: solely responsible for making sure that monitor and control monetary and Federal Trade Commission, Office of the your comment does not include any credit aggregates. The FR 2028 survey Secretary, Constitution Center, 400 7th sensitive or confidential information. In submissions are voluntary. Street SW, 5th Floor, Suite 5610 (Annex particular, your comment should not Individual respondents may request D), Washington, DC 20024. include any sensitive personal that information submitted to the Board FOR FURTHER INFORMATION CONTACT: information, such as your or anyone through a survey under FR 2028 be kept Llewellyn Davis (202–326–3394), else’s Social Security number; date of confidential. If a respondent requests Bureau of Competition, Federal Trade birth; driver’s license number or other confidential treatment, the Board will Commission, 600 Pennsylvania Avenue state identification number, or foreign country equivalent; passport number; determine whether the information is NW, Washington, DC 20580. entitled to confidential treatment on a financial account number; or credit or SUPPLEMENTARY INFORMATION: Pursuant case-by-case basis. The Board will debit card number. You are also solely to Section 6(f) of the Federal Trade consider whether information collected responsible for making sure your Commission Act, 15 U.S.C. 46(f), and through these surveys may be kept comment does not include any sensitive FTC Rule 2.34, 16 CFR 2.34, notice is confidential under exemption 4 for the health information, such as medical hereby given that the above-captioned Freedom of Information Act (FOIA), records or other individually consent agreement containing a consent which protects privileged or identifiable health information. In order to cease and desist, having been confidential commercial or financial addition, your comment should not filed with and accepted, subject to final information (5 U.S.C. 552(b)(4)), or any include any ‘‘trade secret or any approval, by the Commission, has been other applicable FOIA exemption. commercial or financial information placed on the public record for a period which . . . is privileged or Board of Governors of the Federal Reserve of thirty (30) days. The following System, February 25, 2020. confidential’’—as provided by Section Analysis of Agreement Containing 6(f) of the FTC Act, 15 U.S.C. 46(f), and Michele Taylor Fennell, Consent Order to Aid Public Comment FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— Assistant Secretary of the Board. describes the terms of the consent including in particular competitively [FR Doc. 2020–04195 Filed 2–28–20; 8:45 am] agreement and the allegations in the sensitive information such as costs, BILLING CODE 6210–01–P complaint. An electronic copy of the sales statistics, inventories, formulas, full text of the consent agreement patterns, devices, manufacturing package can be obtained from the FTC processes, or customer names. FEDERAL TRADE COMMISSION website (for February 21, 2020), at this Comments containing material for web address: https://www.ftc.gov/news- which confidential treatment is [File No. 191 0087] events/commission-actions. requested must be filed in paper form, FXI Holdings and Innocor; Analysis of You can file a comment online or on must be clearly labeled ‘‘Confidential,’’ Agreement Containing Consent Order paper. For the Commission to consider and must comply with FTC Rule 4.9(c). To Aid Public Comment your comment, we must receive it on or In particular, the written request for before April 1, 2020. Write ‘‘FXI confidential treatment that accompanies AGENCY: Federal Trade Commission. Holdings and Innocor; File No. 191 the comment must include the factual ACTION: Proposed consent agreement; 0087’’ on your comment. Your and legal basis for the request, and must request for comment. comment—including your name and identify the specific portions of the your state—will be placed on the public comment to be withheld from the public SUMMARY: The consent agreement in this record of this proceeding, including, to record. See FTC Rule 4.9(c). Your matter settles alleged violations of the extent practicable, on the https:// comment will be kept confidential only federal law prohibiting unfair methods www.regulations.gov website. if the General Counsel grants your of competition. The attached Analysis of Postal mail addressed to the request in accordance with the law and Agreement Containing Consent Order to Commission is subject to delay due to the public interest. Once your comment Aid Public Comment describes both the heightened security screening. As a has been posted on the public FTC allegations in the complaint and the result, we encourage you to submit your website—as legally required by FTC terms of the consent order—embodied comments online through the https:// Rule 4.9(b)—we cannot redact or in the consent agreement—that would www.regulations.gov website. remove your comment from the FTC settle these allegations. If you prefer to file your comment on website, unless you submit a DATES: Comments must be received on paper, write ‘‘FXI Holdings and Innocor; confidentiality request that meets the or before April 1, 2020. File No. 191 0087’’ on your comment requirements for such treatment under ADDRESSES: Interested parties may file and on the envelope, and mail your FTC Rule 4.9(c), and the General comments online or on paper, by comment to the following address: Counsel grants that request. following the instructions in the Federal Trade Commission, Office of the Visit the FTC website at http:// Request for Comment part of the Secretary, 600 Pennsylvania Avenue www.ftc.gov to read this Notice and the

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news release describing it. The FTC Act market as a result of the proposed Midwest States include Indiana, and other laws that the Commission Acquisition. Michigan, and Ohio. administers permit the collection of II. The Parties The combination of FXI and Innocor public comments to consider and use in would create the largest supplier of this proceeding, as appropriate. The Headquartered in Media, Low-Density Foam in the United States. Commission will consider all timely Pennsylvania, FXI is a polyurethane The combined firm would have a and responsive public comments that it foam producer, providing a full range of market share above 50% in each of the receives on or before April 1, 2020. For polyurethane foam products including Pacific Northwest, Midwest States, and information on the Commission’s conventional, visco, and high resiliency Mississippi markets. FXI and Innocor privacy policy, including routine uses foam. Polyurethane foam is used in a face varying levels of competition in permitted by the Privacy Act, see variety of end-uses, including home these regional markets. FXI and Innocor https://www.ftc.gov/site-information/ furnishing, packaging, and automotive are the only firms that pour foam in the privacy-policy. applications. FXI operates foam-pouring Pacific Northwest. In the Midwest facilities across the United States, Analysis of Agreement Containing States, FXI, Innocor, and Carpenter each including in the Pacific Northwest, the Consent Order To Aid Public Comment have foam-pouring facilities, while in Midwest States, and Mississippi. Mississippi FXI, Innocor, Carpenter and I. Introduction Innocor, headquartered in Red Bank, Elite each operate foam-pouring New Jersey, also produces a full range facilities. Future Foam does not The Federal Trade Commission of polyurethane foam products currently pour foam in any of these (‘‘Commission’’) has accepted from One including conventional, visco, and high markets. Rock Capital Partners II, LP (‘‘One Rock resiliency foam for home furnishing, The proposed FXI/Innocor Capital’’), FXI Holdings, Inc. (‘‘FXI’’), packaging, and other end uses. Like FXI, combination would result in highly Bain Capital Fund XI, LP (‘‘Bain’’), and Innocor operates foam-pouring facilities concentrated markets for Low-Density Innocor Inc. (‘‘Innocor’’), subject to final across the United States, including in Foam to become even more approval, an Agreement Containing the Pacific Northwest, the Midwest concentrated, increasing the Herfindahl- Consent Order (‘‘Consent Agreement’’) States, and Mississippi. Hirschman Index (‘‘HHI’’) by more than designed to remedy the anticompetitive 1500 in three regional markets—the effects that would likely result from III. The Relevant Product and Market Pacific Northwest, the Midwest States, FXI’s proposed acquisition of Innocor. Structure and Mississippi. This increase in The proposed Decision and Order The relevant product market in which concentration far exceeds the thresholds (‘‘Order’’) contained in the Consent to assess the competitive effects of the set out in the Horizontal Merger Agreement requires FXI and Innocor to proposed acquisition is Low-Density Guidelines for raising a presumption divest three polyurethane foam pouring Foam for home furnishing uses. that the Acquisition would create or plants to Future Foam, Inc. (‘‘Future Polyurethane foam consists of various enhance market power. Foam’’). grades and densities with different The proposed Consent Agreement has properties and end uses. Both FXI and IV. Effects of the Acquisition been placed on the public record for Innocor sell Low-Density Foam, Absent a divestiture, the proposed thirty days for receipt of comments by commonly referred to as ‘‘light and acquisition is likely to harm customers interested persons. Comments received white,’’ to furniture manufacturers of Low-Density Foam in the Pacific during this period will become part of directly or through third party Northwest, Midwest States, and the public record. After 30 days, the fabricators. When used in home Mississippi markets. FXI and Innocor Commission will review the comments furnishing products, such as mattresses, compete directly against each other for received and decide whether it should mattress toppers, pet beds, pillows, Low-Density Foam sales in each of the withdraw, modify, or make the Consent chairs, and couches, Low-Density Foam relevant markets, and customers have Agreement final. serves as padding or cushioning. There benefited from that competition. By On March 4, 2019, FXI and Innocor are no reasonably interchangeable eliminating head-to-head competition signed an Agreement and Plan of Merger substitutes for Low-Density Foam in between FXI and Innocor, the proposed by which FXI’s parent company, One home furnishing applications. Acquisition likely would lead to Rock Capital, would acquire 100% of Regional geographic markets are unilateral effects in the form of higher the voting securities of Innocor for appropriate to assess the competitive prices and reduced innovation. approximately $850 million (the effects of the proposed Acquisition The proposed acquisition is also ‘‘Acquisition’’). The proposed because of the importance of proximity likely to increase the likelihood of Acquisition would combine two leading to producers. Low-Density Foam is coordination and parallel producers of polyurethane foam in the bulky, and involves shipping a large accommodating conduct among the United States. The Commission’s volume of air, so the cost of shipping is remaining competitors in the relevant Complaint alleges that the proposed high relative to the value of the product. markets. There is a history of alleged Acquisition, if consummated, would These high shipping costs limit the anticompetitive conduct within the violate Section 7 of the Clayton act, as ability of distant producers to compete polyurethane foam industry, raising amended, 15 U.S.C. 18, and Section 5 of against local suppliers and result in heightened concerns about further the FTC Act, as amended, 15 U.S.C. 45, regional competition. Foam producers consolidation. The industry also shows by substantially lessening competition like FXI and Innocor operate regional an existing vulnerability to in several regional markets across the pouring facilities that service customers coordination, including significant United States for low-density in the surrounding areas. In this matter, awareness of interdependence among conventional polyurethane foam (‘‘Low- there are three relevant geographic the suppliers, actions taken in Density Foam’’). The proposed Consent markets for Low-Density Foam: The recognition of that interdependence, Agreement would remedy the alleged Pacific Northwest, the Midwest States, and sufficient transparency among the violations by preserving the competition and Mississippi. The Pacific Northwest producers to support coordination. that otherwise would be lost in this includes Oregon, Washington. The Further consolidation is likely to

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increase the incentives and ability of the Under the Order, FXI is required to ACTION: Notice of availability of a remaining firms to coordinate. divest the three plants no later than 10 Record of Decision. days from the close of its acquisition of V. Entry Innocor. If the Commission determines SUMMARY: Pursuant to the requirements Entry into the Low-Density Foam that Future Foam is not an acceptable of the National Environmental Policy markets would not be timely, likely, or acquirer, or that the manner of the Act of 1969 (NEPA), the Council on sufficient in magnitude, character, and divestitures is not acceptable, the Order Environmental Quality Regulations, scope to deter or counteract the requires FXI to either unwind the sale GSA Order ADM 1095.1F anticompetitive effects of the proposed of rights and assets to Future Foam and Environmental Considerations in Acquisition. A new entrant with a single then divest the assets to a Commission- Decision Making, the GSA PBS NEPA pouring plant would face significant approved acquirer within 120 days of Desk Guide, the FHWA Policy Guide, barriers to entry, such as higher the date the Order becomes final, or and FHWA’s Environmental Impact and procurement costs for critical inputs, modify the divestiture to Future Foam Related Procedures, the GSA PBS, including the various chemicals, which in the manner the Commission FHWA, and MaineDOT, in cooperation make up a substantial portion of the cost determines is necessary to satisfy the with the U.S. Coast Guard and in of polyurethane foam. No new requirements of the Order. coordination with the U.S. Customs and polyurethane foam pouring plants have The Order also requires a monitor to Border Protection (CBP), announce the opened in the Pacific Northwest, the oversee FXI’s compliance with the availability of a Record of Decision Midwest States or Mississippi for many obligations set forth in the Order. If FXI (ROD) for the proposed new U.S. land years. In fact, the number of plants in does not fully comply with the port of entry (LPOE) in Madawaska, these regions has steadily decreased as divestiture and other requirements of Maine, and new International Bridge industry participants have consolidated the Order, the Commission may appoint between Madawaska, Maine, and and closed numerous overlapping a Divestiture Trustee to divest the three Edmundston, New Brunswick, Canada. plants. facilities and perform FXI’s other ADDRESSES: GSA, FHWA, and VI. The Consent Agreement obligations consistent with the Order. MaineDOT will have copies of the ROD The Order also requires that FXI and for review at the Town of Madawaska The Consent Agreement eliminates Town Office on 328 St. Thomas Street, the competitive concerns raised by the One Rock Capital shall not, without providing advance written notification Suite 101, Madawaska, Maine 04756. proposed Acquisition by requiring the Further information, including an merging parties to divest foam-pouring to the Commission, acquire any electronic copy of the ROD, may be plants located in Kent, Washington; polyurethane foam production plant in found online on the following websites: Elkhart, Indiana; and Tupelo, the states of Indiana, Michigan, Mississippi, Ohio, Oregon, and • gsa.gov/madawaskalpoe Mississippi to Future Foam, a privately • held competitor based in Council Bluffs, Washington for a period of ten years https://www.maine.gov/mdot/ Iowa. Future Foam is a leading producer from the date the Order is issued. planning/studies/meib/ of low-density conventional foam but The purpose of this analysis is to FOR FURTHER INFORMATION CONTACT: currently has a limited presence in the facilitate public comment on the Alexas Kelly, Project Manager, GSA, Pacific Northwest, Mississippi, and the Consent Agreement to aid the New England Region, 10 Causeway Midwest States. The divestiture package Commission in determining whether it Street, 11th Floor, Boston, MA 02222, consists of the following assets and should make the Consent Agreement by phone at 617–549–8190, or by email rights: FXI’s Kent, Washington final. This analysis is not an official at [email protected]; or Cheryl polyurethane foam plant, Innocor’s interpretation of the proposed Consent Martin, Assistant Division Elkhart, Indiana plant, and Innocor’s Agreement and does not modify its Administrator, FHWA, Edmund S. Tupelo, Mississippi plant, including terms in any way. Muskie Federal Building, 40 Western each plant’s production facilities, By direction of the Commission. Avenue, Room 614, Augusta, ME 04330, warehouses, storage facilities, April J. Tabor, by phone at 207–512–4912, or by email at [email protected]. equipment, offices, fabricating Acting Secretary. operations, transportation assets, and all SUPPLEMENTARY INFORMATION: The [FR Doc. 2020–04182 Filed 2–28–20; 8:45 am] other related businesses, operations and purpose of the Proposed Action is to assets; formulas, technologies and other BILLING CODE 6750–01–P provide for the long-term safe and intangible rights and property relating to efficient flow of current and projected the facilities; and licenses to shared traffic volumes, including the intellectual property. Additionally, the GENERAL SERVICES movement of goods and people between Order requires that, at the request of ADMINISTRATION Edmundston, New Brunswick, and Future Foam, FXI must provide Madawaska, Maine. The Proposed transitional assistance for up to twelve Action is needed because (1) the months following the divestiture date. [Notice–PBS–2020–02; Docket No. 2020– existing International Bridge is nearing 0002; Sequence No. 7] These services include logistical and the end of its useful life, and (2) the administrative support. The Order also Notice of Availability of a Record of existing Madawaska LPOE is includes other standard terms designed Decision for the Construction of a New substandard, inhibiting the agencies to ensure the viability of the divested U.S. Land Port of Entry in Madawaska, assigned to the LPOE from adequately business. The provisions of the Maine, and a New Madawaska- fulfilling their respective missions. proposed Consent Agreement positions Edmundston International Bridge The existing Madawaska-Edmundston Future Foam to become an effective International Bridge opened to traffic in competitor in the markets for Low- AGENCY: Public Buildings Service (PBS), 1921 and its design life has been Density Foam in the Pacific Northwest, General Services Administration (GSA); exceeded. Notable bridge deficiencies the Midwest States, and Mississippi in Federal Highway Administration are (1) substandard roadway width and order to maintain the competition that (FHWA); Maine Department of clearance, (2) foundation susceptible to currently exists. Transportation (MaineDOT). undermining, (3) piers cracked and

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deteriorated, (4) significant steel The ROD discusses all practical means Preferred LPOE Alternative and the corrosion, (5) bridge capacity is to avoid or minimize environmental Preferred Bridge Alternative to further insufficient, and (6) deficiencies harm that have been adopted. avoid and minimize adverse impacts. prompting the bridge posting on The GSA considered three build Dated: February 11, 2020. alternatives for the LPOE FSEIS/Final October 27, 2017, from 50 tons to 5 tons. Glenn Rotondo, A Final Environmental Impact Programmatic Section 4(f) Evaluation; Statement (FEIS) and ROD were the FHWA and MaineDOT considered Regional Commissioner, Public Buildings Service. published in January 2007, which three build alternatives for the addressed the construction of a new International Bridge. The Selected [FR Doc. 2020–04252 Filed 2–28–20; 8:45 am] Madawaska LPOE. Alternative is identified as LPOE BILLING CODE 6820–FP–P Built in 1959, the current LPOE Alternative C and Bridge Alternative 2 suffers from facility, operational, and from the FSEIS/Final Programmatic site deficiencies, and does not meet Section 4(f) Evaluation. LPOE DEPARTMENT OF HEALTH AND current CBP mission and operational Alternative C and Bridge Alternative 2 HUMAN SERVICES requirements for a LPOE. A few noted are the environmentally preferred deficiencies: (1) Lack of office and alternatives for the LPOE and Centers for Medicare & Medicaid inspection areas, (2) deficient inbound International Bridge, respectively. Services and outbound passenger and LPOE Alternative C was identified as [Document Identifier CMS–10146, CMS– commercial processing areas, (3) the Preferred LPOE Alternative because 10062, CMS–10242 and CMS–685] inadequate queuing space for vehicles, it furthers the purpose of the project and and (4) inability to meet the satisfies the needs for the project. The Agency Information Collection Architectural Barriers Act. In Preferred LPOE Alternative: (1) Provides Activities: Submission for OMB furtherance of the LPOE Project, GSA enough space for safe and efficient flow Review; Comment Request previously acquired approximately nine of traffic through the LPOE; (2) provides AGENCY: Centers for Medicare & acres of land but did not commence enough space for the operations of the Medicaid Services, HHS. construction. LPOE to function efficiently; (3) meets ACTION: Notice. A Supplemental Environmental MaineDOT’s access management Impact Statement (SEIS) was needed guidelines and the entrance and exit to SUMMARY: The Centers for Medicare & due to a change in circumstance: The the LPOE would be approved by Medicaid Services (CMS) is announcing decision by MaineDOT and New MaineDOT; (4) provides a safer location an opportunity for the public to Brunswick Department of and distance between the outbound and comment on CMS’ intention to collect Transportation and Infrastructure inbound driveways; (5) provides enough information from the public. Under the (NBDTI) to include alternatives for open space to accommodate the Paperwork Reduction Act of 1995 addressing deficiencies to the existing necessary length of road to descend (PRA), federal agencies are required to Madawaska—Edmundston International from the bridge landing elevation (538) publish notice in the Federal Register Bridge. The SEIS addresses changes to to the elevation of Mill Street (520) concerning each proposed collection of the Proposed Action, including an without a steep road grade, and information, including each proposed updated design in accordance with provides safer maintenance and extension or reinstatement of an existing current GSA and CBP requirements, a circulation in winter conditions; (6) collection of information, and to allow new International Bridge, and provides increased line of sight, safety a second opportunity for public additional land acquisition. and security for CBP personnel to carry comment on the notice. Interested A Final Supplemental Environmental out their mission and operations; (7) persons are invited to send comments Impact Statement (FSEIS)/Final allows inbound and outbound regarding the burden estimate or any Programmatic Section 4(f) Evaluation driveways to connect to Mill Street, other aspect of this collection of were issued for public review and eliminating the need for B-trains to use information, including the necessity and comment on October 4, 2019. The FSEIS Main Street; and, (8) provides enough utility of the proposed information identified the Preferred Alternative for space for seasonal snow storage and collection for the proper performance of the new U.S. LPOE and new future expansion. the agency’s functions, the accuracy of International Bridge location and Bridge Alternative 2 was identified as the estimated burden, ways to enhance design; described the environmental the Preferred Bridge Alternative the quality, utility, and clarity of the impacts of the proposed project and because, although it would have one information to be collected, and the use proposed mitigation; and addressed more pier in the Saint John River than of automated collection techniques or comments received on the Draft another alternative considered, the piers other forms of information technology to Supplemental Environmental Impact to support the bridge would be smaller, minimize the information collection Statement/Draft Programmatic Section decreasing the risks for ice jamming in burden. 4(f) Evaluation issued on November 26, the river. While Bridge Alternative 2 2018. The 30-day comment period for would have similar construction DATES: Comments on the collection(s) of the FSEIS/Final Programmatic Section impacts and comparable costs (both information must be received by the 4(f) ended on November 4, 2019. construction and long-term operation OMB desk officer by April 1, 2020. The ROD states what the decision is; and maintenance) to other alternatives, ADDRESSES: When commenting on the identifies the alternatives considered, Bridge Alternative 2 would take proposed information collections, including the environmentally preferred approximately six months less time to please reference the document identifier alternative; and discusses mitigation construct. or OMB control number. To be assured plans, including enforcement and The FSEIS/Final Programmatic consideration, comments and monitoring commitments. In the ROD, Section 4(f) Evaluation includes a recommendations must be received by the agencies discuss all the factors that comprehensive summary of the the OMB desk officer via one of the were contemplated when reaching their mitigation measures and commitments following transmissions: OMB, Office of decision on whether to, and if so how from the GSA, FHWA, and MaineDOT Information and Regulatory Affairs, to, proceed with the Proposed Action. in support of the development of the Attention: CMS Desk Officer, Fax

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Number: (202) 395–5806 OR, Email: sponsors that deny prescription drug Social Security Act as enacted by [email protected]. coverage to provide a written notice of Section 4001 of Subtitle A of the BBA To obtain copies of a supporting the denial to the enrollee. The written required the Secretary to implement a statement and any related forms for the notice must include a statement, in risk adjustment methodology that proposed collection(s) summarized in understandable language, of the reasons accounted for variations in per capita this notice, you may make your request for the denial and a description of the costs based on health status and other using one of following: appeals process. demographic factors for payment to 1. Access CMS’ website address at Medicare beneficiaries who are Medicare+Choice (now MA) website address at https://www.cms.gov/ enrolled in a Part D plan will be organizations. The new methodology Regulations-and-Guidance/Legislation/ informed of adverse decisions related to was to be effective no later than January PaperworkReductionActof1995/PRA- their prescription drug coverage and 1, 2000. The BBA also required that Listing.html. their right to appeal these decisions. M+C organizations submit data for use 1. Email your request, including your The notice provides all ways that the in developing risk adjusted payments. address, phone number, OMB number, beneficiary can file an appeal under one Risk adjustment allows CMS to pay and CMS document identifier, to section. The Part D instructions have plans for the health risk of the [email protected]. also been revised to include a paragraph beneficiaries they enroll, instead of 2. Call the Reports Clearance Office at informing providers that in the case that paying an identical an average amount (410) 786–1326. a request for a coverage determination is for each enrollee Medicare beneficiaries. FOR FURTHER INFORMATION CONTACT: denied under Part B due to step therapy By risk adjusting plan payments, CMS is William Parham at (410) 786–4669. requirements, a different notice should able to make appropriate and accurate be given. payments for enrollees with differences SUPPLEMENTARY INFORMATION: Under the This denial notice is primarily issued in expected costs. Risk adjustment is Paperwork Reduction Act of 1995 (PRA) to Part D plan enrollees (Medicare used to adjust bidding and payment (44 U.S.C. 3501–3520), federal agencies beneficiaries) and is most commonly based on the health status and must obtain approval from the Office of sent to enrollees by mail. Relying on demographic characteristics of an Management and Budget (OMB) for each electronic transmission of this notice to enrollee. Risk scores measure individual collection of information they conduct beneficiaries is impractical. Plans are beneficiaries’ relative risk and the risk or sponsor. The term ‘‘collection of required by regulation to maintain a scores are used to adjust payments for information’’ is defined in 44 U.S.C. website by which beneficiaries can each beneficiary’s expected 3502(3) and 5 CFR 1320.3(c) and request an appeal. In this version of the expenditures. By risk adjusting plan includes agency requests or notice, website information is more bids, CMS is able to also use requirements that members of the public prominently displayed. Form Number: standardized bids as base payments to submit reports, keep records, or provide CMS–10146 (OMB control number: plans. information to a third party. Section 0938–0976); Frequency: Yearly; Affected CMS’ fundamental goal for the 3506(c)(2)(A) of the PRA (44 U.S.C. Public: State, Local, or Tribal abbreviate format RAPS data is to 3506(c)(2)(A)) requires federal agencies Governments; Number of Respondents: require collection of the minimum data to publish a 30-day notice in the 525; Total Annual Responses: necessary for accurate risk-adjusted Federal Register concerning each 2,887,866; Total Annual Hours: 721,967. payment. We believe that diagnostic proposed collection of information, (For policy questions regarding this data provide the most reliable approach including each proposed extension or collection contact Sara Klotz at (410) to measuring health status, as required reinstatement of an existing collection 786–1984.) by statute. In the absence of these data, of information, before submitting the 2. Type of Information Collection we would not be able to accurately collection to OMB for approval. To Request: Extension without change of a determine the beneficiary’s health (risk) comply with this requirement, CMS is currently approved collection; Title of status. Form Number: CMS–10062 publishing this notice that summarizes Information Collection: Collection of (OMB control number: 0938–0878); the following proposed collection(s) of Diagnostic Data in the Abbreviated Frequency: Yearly; Affected Public: information for public comment: RAPS Format from Medicare Advantage State, Local, or Tribal Governments; 1. Type of Information Collection Organizations for Risk Adjusted Number of Respondents: 761; Total Request: Revision with change of a Payments; Use: The 1997 BBA and later Annual Responses: 46,610,448; Total currently approved collection; Title of legislation required CMS to adjust per- Annual Hours: 33,484. (For policy Information Collection: Notice of Denial beneficiary payments with a risk questions regarding this collection of Medicare Prescription Drug Coverage; adjustment methodology using contact Michael P Massimini at 410– Use: The purpose of this notice is to diagnoses to measure relative risk due to 786–1566.) provide information to enrollees when health status instead of just 3. Type of Information Collection prescription drug coverage has been demographic characteristics such as age, Request: Extension of a currently denied, in whole or in part, by their Part sex, and Medicaid eligibility. The approved collection; Title of D plans. The notice must be readable, purpose of risk adjustment is to pay Information Collection: Emergency and understandable, and state the specific plan sponsors accurately based on the Non-Emergency Ambulance Transports reasons for the denial. The notice must health status and diagnoses of their and Beneficiary Signature also remind enrollees about their rights Medicare enrollees. Risk adjustment Requirements; Use: The statutory and protections related to requests for using diagnoses provides more accurate authority requiring a beneficiary’s prescription drug coverage and include payments for Medicare Advantage signature on a claim submitted by a an explanation of both the standard and Organizations (MAO), with higher provider is located in section 1835(a) expedited redetermination processes payments for enrollees at risk for being and in 1814(a) of the Social Security Act and the rest of the appeal process. sicker, and lower payments for enrollees (the Act), for Part B and Part A services, CMS requests approval of changes to predicted to be healthier. respectively. The authority requiring a a currently approved collection under The BBA constituted the first beneficiary’s signature for supplier section 1860D–4(g)(1) of the Social legislative mandate for health status risk claims is implicit in sections Security Act which requires Part D plan adjustment. Section 1853 (a)(3) of the 1842(b)(3)(B) (ii) and in 1848(g)(4) of the

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Act. Federal regulations at 42 CFR institutions; Number of Respondents: instructions for ‘‘Comment or 424.32(a)(3) state that all claims must be 18; Total Annual Responses: 36; Total Submission’’ or ‘‘More Search Options’’ signed by the beneficiary or on behalf of Annual Hours: 108. (For policy to find the information collection the Beneficiary (in accordance with questions regarding this collection document(s) that are accepting 424.36). Section 424.36(a) states that the contact Benjamin Bernstein at 410–786– comments. beneficiary’s signature is required on a 6570). 2. By regular mail. You may mail written comments to the following claim unless the beneficiary has died or Dated: February 26, 2020. address: CMS, Office of Strategic the provisions of 424.36(b), (c), or (d) William N. Parham, III, apply. For emergency and Operations and Regulatory Affairs, Director, Paperwork Reduction Staff, Office nonemergency ambulance transport Division of Regulations Development, of Strategic Operations and Regulatory Attention: Document Identifier/OMB services, where the beneficiary is Affairs. physically or mentally incapable of Control Number lllll, Room C4– [FR Doc. 2020–04242 Filed 2–28–20; 8:45 am] signing the claim (and the beneficiary’s 26–05, 7500 Security Boulevard, BILLING CODE 4120–01–P authorized representative is unavailable Baltimore, Maryland 21244–1850. or unwilling to sign the claim), that it To obtain copies of a supporting is impractical and infeasible to require statement and any related forms for the DEPARTMENT OF HEALTH AND proposed collection(s) summarized in an ambulance provider or supplier to HUMAN SERVICES later locate the beneficiary or the person this notice, you may make your request authorized to sign on behalf of the Centers for Medicare & Medicaid using one of following: 1. Access CMS’ website address at beneficiary, before submitting the claim Services to Medicare for payment. Therefore, an website address at https://www.cms.gov/ exception was created to the beneficiary [Document Identifier: CMS–10589] Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRA- signature requirement with respect to Agency Information Collection emergency and nonemergency Listing.html. Activities: Proposed Collection; 2. Email your request, including your ambulance transport services, where the Comment Request address, phone number, OMB number, beneficiary is physically or mentally and CMS document identifier, to incapable of signing the claim, and if AGENCY: Centers for Medicare & [email protected]. certain documentation requirements are Medicaid Services, HHS. 3. Call the Reports Clearance Office at met. Thus, we added subsection (6) to ACTION: Notice. (410) 786–1326. paragraph (b) of 42 CFR 424.36. The FOR FURTHER INFORMATION CONTACT: information required in this ICR is SUMMARY: The Centers for Medicare & William N. Parham at (410) 786–4669. needed to help ensure that services were Medicaid Services (CMS) is announcing in fact rendered and were rendered as an opportunity for the public to SUPPLEMENTARY INFORMATION: billed. Form Number: CMS–10242(OMB comment on CMS’ intention to collect Contents information from the public. Under the control number: 0938–1049); Frequency: This notice sets out a summary of the Yearly; Affected Public: Private Sector; Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to use and burden associated with the Business or other for-profits, Not-for- following information collections. More profit Institutions; Number of publish notice in the Federal Register concerning each proposed collection of detailed information can be found in Respondents: 10,229; Total Annual each collection’s supporting statement Responses: 13,318,440; Total Annual information (including each proposed extension or reinstatement of an existing and associated materials (see Hours: 1,110,757. (For policy questions ADDRESSES). regarding this collection contact Martha collection of information) and to allow Kuespert at (410) 786–4605.) 60 days for public comment on the CMS–10589 QECP Annual Report 4. Type of Information Collection proposed action. Interested persons are Workbook Submission Requirement for Request: Revision of a previously invited to send comments regarding our Qualified Entities Under ACA Section approved collection; Title of burden estimates or any other aspect of 10332 Information Collection: End Stage Renal this collection of information, including Under the PRA (44 U.S.C. 3501– Disease (ESRD) Network Semi-Annual the necessity and utility of the proposed 3520), federal agencies must obtain Cost Report Forms and Supporting information collection for the proper approval from the Office of Management Regulations; Use: Section 1881(c) of the performance of the agency’s functions, and Budget (OMB) for each collection of Social Security Act establishes End the accuracy of the estimated burden, information they conduct or sponsor. Stage Renal Disease (ESRD) Network ways to enhance the quality, utility, and The term ‘‘collection of information’’ is contracts. The regulations found at 42 clarity of the information to be defined in 44 U.S.C. 3502(3) and 5 CFR CFR 405.2110 and 405.2112 designated collected, and the use of automated 1320.3(c) and includes agency requests 18 ESRD Networks which are funded by collection techniques or other forms of or requirements that members of the renewable contracts. These contracts are information technology to minimize the public submit reports, keep records, or on 3-year cycles. To better administer information collection burden. provide information to a third party. the program, CMS is requiring DATES: Comments must be received by Section 3506(c)(2)(A) of the PRA contractors to submit semi-annual cost May 1, 2020. requires federal agencies to publish a reports. The purpose of the cost reports ADDRESSES: When commenting, please 60-day notice in the Federal Register is to enable the ESRD Networks to reference the document identifier or concerning each proposed collection of report costs in a standardized manner. OMB control number. To be assured information, including each proposed This will allow CMS to review, compare consideration, comments and extension or reinstatement of an existing and project ESRD Network costs during recommendations must be submitted in collection of information, before the life of the contract. Form Number: any one of the following ways: submitting the collection to OMB for CMS–685 (OMB Control Number: 0938– 1. Electronically. You may send your approval. To comply with this 0657); Frequency: Reporting—Semi- comments electronically to http:// requirement, CMS is publishing this annually; Affected Public: Not-for-profit www.regulations.gov. Follow the notice.

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Information Collection Dated: February 26, 2020. Mail Stop C4–26–05, 7500 Security William N. Parham, III, Boulevard, Baltimore, MD 21244–1850. 1. Type of Information Collection Director, Paperwork Reduction Staff, Office For information on viewing public Request: Reinstatement without change of Strategic Operations and Regulatory comments, see the beginning of the of a currently approved collection; Title Affairs. SUPPLEMENTARY INFORMATION section. of Information Collection: QECP Annual [FR Doc. 2020–04241 Filed 2–28–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: Report Workbook Submission BILLING CODE 4120–01–P Joann Fitzell, (410) 786–4280. Requirement for Qualified Entities Lillian Williams, (410) 786–8636. under ACA Section 10332; Use: This SUPPLEMENTARY INFORMATION: collection focuses on the expansion of DEPARTMENT OF HEALTH AND Inspection of Public Comments: All qualified entities. This collection covers HUMAN SERVICES comments received before the close of the requirement that a qualified entity the comment period are available for must submit an annual report to CMS. Centers for Medicare & Medicaid Services viewing by the public, including any In addition, this collection covers the personally identifiable or confidential requirement that a qualified entity must [CMS–3388–PN] business information that is included in have a qualified entity data use a comment. We post all comments agreement (QE DUA) or non-public Medicare and Medicaid Programs; received before the close of the analyses agreement in place with an Application From DNV–GL Healthcare comment period on the following authorized user prior to providing or USA Inc. for Initial CMS Approval of Its website as soon as possible after they Psychiatric Hospital Accreditation selling data or analyses to that have been received: http:// Program authorized user. www.regulations.gov. Follow the search Section 10332 of the Patient AGENCY: Centers for Medicare & instructions on that website to view public comments. Protection and Affordable Care Act Medicaid Services (CMS), HHS. (ACA) requires the Secretary to make ACTION: Notice with request for I. Background comment. standardized extracts of Medicare Under the Medicare program, eligible claims data under Parts A, B, and D SUMMARY: This proposed notice beneficiaries may receive covered available to ‘‘qualified entities’’ for the acknowledges the receipt of an services from a psychiatric hospital, evaluation of the performance of application from the DNV–GL provided certain requirements are met. providers of services and suppliers. The Healthcare USA Inc. (DNV–GL) for Section 1861(f) of the Social Security statute provides the Secretary with initial recognition as a national Act (the Act) establishes distinct criteria discretion to establish criteria to accrediting organization (AO) for for facilities seeking designation as a determine whether an entity is qualified psychiatric hospitals that wish to psychiatric hospital. Regulations to use claims data to evaluate the participate in the Medicare or Medicaid concerning provider agreements are at performance of providers of services programs. 42 CFR part 489 and those pertaining to and suppliers. DATES: To be assured consideration, activities relating to the survey and Section 105 of the Medicare Access comments must be received at one of certification of facilities are at 42 CFR and Reauthorization Act of 2015 the addresses provided below, no later part 488. The regulations at part 42 CFR part 482 subpart E specify the minimum (MACRA) expands how qualified than 5 p.m. on April 1, 2020. conditions that a psychiatric hospital entities will be allowed to use and ADDRESSES: In commenting, refer to file code CMS–3388–PN. Because of staff must meet to participate in the Medicare disclose data under the qualified entity program, the scope of covered services program consistent with other and resource limitations, we cannot accept comments by facsimile (FAX) and the conditions for Medicare applicable laws, including information, payment for psychiatric hospitals. privacy, security, and disclosure laws. transmission. Comments, including mass comment Generally, to enter into an agreement, The information from the collection submissions, must be submitted in one a psychiatric hospital must first be will be used by CMS to determine of the following three ways (please certified by a state survey agency as whether a qualified entity continues to choose only one of the ways listed): complying with the conditions or meet the qualified entity certification 1. Electronically. You may submit requirements set forth in part 482 requirements under section 10332 of the electronic comments on this regulation subpart E of our regulations. Thereafter, Affordable Care Act and Section 105 of to http://www.regulations.gov. Follow the psychiatric hospital is subject to MACRA. In addition, it will ensure that the ‘‘Submit a comment’’ instructions. regular surveys by a state survey agency certain privacy and security 2. By regular mail. You may mail to determine whether it continues to requirements are met when qualified written comments to the following meet these requirements. entities provide or sell data or sell non- address ONLY: Centers for Medicare & However, there is an alternative to public analyses that contains Medicaid Services, Department of surveys by state agencies. Section 1865(a)(1) of the Act states, if a provider individually identifiable beneficiary Health and Human Services, Attention: entity demonstrates through information to authorized users. Form CMS–3388–PN, P.O. Box 8010, accreditation by an approved national Number: CMS–10589 (OMB control Baltimore, MD 21244–8010. Please allow sufficient time for mailed accrediting organization (AO) that all number: 0938–1309); Frequency: Yearly; comments to be received before the applicable Medicare conditions are met Affected Public: Private Sector, Business close of the comment period. or exceeded, we may treat the provider or other for profits, and Not for profits 3. By express or overnight mail. You entity as having met those conditions, institutions; Number of Respondents: may send written comments to the that is, we may deem those provider 15; Total Annual Responses: 15; Total following address ONLY: Centers for entities as having met the requirements. Annual Hours: 3,450. (For policy Medicare & Medicaid Services, Accreditation by an AO is voluntary and questions regarding this collection Department of Health and Human is not required for Medicare contact Kari Gaare at 410–786–8612.) Services, Attention: CMS–3388–PN, participation.

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If an AO is recognized by the Center re-application procedures for national IV. Collection of Information for Medicare & Medicaid Services (CMS) accrediting organizations), our review Requirements as having standards for accreditation and evaluation of the DNV–GL will be This document does not impose that meet or exceed Medicare conducted in accordance with, but not information collection requirements, requirements, any provider entity necessarily limited to, the following that is, reporting, recordkeeping or accredited by the national accrediting factors: • third-party disclosure requirements. body’s approved program may be The equivalency of the DNV–GL Consequently, there is no need for deemed to meet the Medicare standards for psychiatric hospitals as review by the Office of Management and conditions. An AO applying for compared with CMS’ psychiatric Budget under the authority of the approval of its accreditation program hospital CoPs. Paperwork Reduction Act of 1995 (44 under part 488, subpart A, must provide • The DNV–GL survey process to U.S.C. 3501 et seq.). CMS with reasonable assurance that the determine the following: AO requires the accredited provider ++ The composition of the survey V. Response to Comments team, surveyor qualifications, and the entities to meet requirements that are at Because of the large number of public ability of the organization to provide least as stringent as the Medicare comments we normally receive on continuing surveyor training. conditions. Our regulations concerning Federal Register documents, we are not ++ The comparability of the DNV– the approval of AOs are set forth at able to acknowledge or respond to them GL’s processes to those of state agencies, § 488.5. individually. We will consider all including survey frequency, and the comments we receive by the date and II. Approval of Accreditation ability to investigate and respond time specified in the DATES section of Organizations appropriately to complaints against this preamble, and, when we proceed Section 1865(a)(2) of the Act and our accredited facilities. regulations at § 488.5 require that ++ The DNV–GL’s processes and with a subsequent document, we will findings concerning review and procedures for monitoring a psychiatric respond to the comments in the approval of an AO’s requirements hospital found out of compliance with preamble to that document. consider, among other factors, the the DNV–GL’s program requirements. Dated: February 13, 2020. applying AO’s requirements for These monitoring procedures are used Seema Verma, accreditation; survey procedures; only when the DNV–GL identifies Administrator, Centers for Medicare & resources for conducting required noncompliance. If noncompliance is Medicaid Services. surveys; capacity to furnish information identified through validation reviews or [FR Doc. 2020–04137 Filed 2–28–20; 8:45 am] for use in enforcement activities; complaint surveys, the state survey BILLING CODE 4120–01–P monitoring procedures for provider agency monitors corrections as specified entities found not in compliance with at § 488.9(c). the conditions or requirements; and ++ The DNV–GL’s capacity to report DEPARTMENT OF HEALTH AND ability to provide CMS with the deficiencies to the surveyed facilities HUMAN SERVICES necessary data for validation. and respond to the facility’s plan of Section 1865(a)(3)(A) of the Act correction in a timely manner. Health Resources and Services further requires that we publish, within ++ The DNV–GL’s capacity to Administration 60 days of receipt of an organization’s provide CMS with electronic data and complete application, a notice reports necessary for effective validation Agency Information Collection identifying the national accrediting and assessment of the organization’s Activities: Proposed Collection: Public body making the request, describing the survey process. Comment Request; Questionnaire and nature of the request, and providing at ++ The adequacy of the DNV–GL’s Data Collection Testing, Evaluation, least a 30-day public comment period. staff and other resources, and its and Research for the Health Resources We have 210 days from the receipt of a financial viability. and Services Administration, OMB No. complete application to publish notice ++ The DNV–GL’s capacity to 0915–0379— Extension of approval or denial of the application. adequately fund required surveys. AGENCY: Health Resources and Services The purpose of this proposed notice ++ The DNV–GL’s policies with Administration (HRSA), Department of is to inform the public of the DNV–GL respect to whether surveys are Health and Human Services. Healthcare USA Inc. (DNV–GL) request announced or unannounced, to assure for initial approval of its psychiatric that surveys are unannounced. ACTION: Notice. hospital accreditation program. This ++ The DNV–GL’s policies and SUMMARY: In compliance with the procedures to avoid conflicts of interest, notice also solicits public comment on requirement for opportunity for public including the appearance of conflicts of whether the DNV–GL’s requirements comment on proposed data collection interest, involving individuals who meet or exceed the Medicare conditions projects of the Paperwork Reduction Act conduct surveys or participate in of participation (CoPs) for psychiatric of 1995, HRSA announces plans to hospitals. accreditation decisions. ++ The DNV–GL’s agreement to submit an Information Collection III. Evaluation of Deeming Authority provide CMS with a copy of the most Request (ICR), described below, to the Request current accreditation survey together Office of Management and Budget DNV–GL submitted all the necessary with any other information related to (OMB). Prior to submitting the ICR to materials to enable us to make a the survey as CMS may require OMB, HRSA seeks comments from the determination concerning its request for (including corrective action plans). public regarding the burden estimate, initial approval of its psychiatric Upon completion of our evaluation, below, or any other aspect of the ICR. hospital accreditation program. This including evaluation of public DATES: Comments on this ICR must be application was determined to be comments received as a result of this received no later than May 1, 2020. complete on January 2, 2020. Under notice, we will publish a final notice in ADDRESSES: Submit your comments to section 1865(a)(2) of the Act and our the Federal Register announcing the [email protected] or mail the HRSA regulations at § 488.5 (Application and result of our evaluation. Information Collection Clearance

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Officer, Room 14N136B, 5600 Fishers Professionally recognized procedures understandings of the target audience Lane, Rockville, MD 20857. are followed in each information early in the development of a FOR FURTHER INFORMATION CONTACT: To collection activity to ensure high quality questionnaire or tool. When focus request more information on the data. Examples of these procedures groups are used, the focus group proposed project or to obtain a copy of could include the following: discussion guide will be provided to • the data collection plans and draft Monitoring by supervisory staff of a OMB for review. instruments, email [email protected] certain percent of telephone interviews; • • Expert/Gatekeeper review of tools— or call Lisa Wright-Solomon, the HRSA Conducting cognitive interviewing In some instances, tools designed for Information Collection Clearance Officer techniques, including think-aloud patients may be reviewed in-depth by at (301) 443–1984. techniques and debriefings; medical providers or other gatekeepers • Data-entry from mail or paper-and- SUPPLEMENTARY INFORMATION: When to provide feedback on the acceptability pencil surveys will be computerized and usability of a particular tool. This submitting comments or requesting through scannable forms or checked would usually be in addition to information, please include the ICR title through double-key entry; pretesting of the tool by the actual for reference. • Observers will monitor focus patient or other user. Information Collection Request Title: groups, and focus group proceedings Questionnaire and Data Collection will be recorded; and • Record abstractions—On occasion, Testing, Evaluation, and Research for • Data submitted through on-line the development of a tool or other HRSA OMB No. 0915–0379—Extension. surveys will be subjected to statistical information collection requires review Abstract: The purpose of collections validation techniques to ensure and interaction with records rather than under this generic clearance is to obtain accuracy (such as disallowing out-of- individuals. formative information from respondents range values). • ‘‘Dress rehearsal’’ of a specific to develop new questions, Each request under this generic protocol—In some instances, the questionnaires and tools and to identify clearance will specify the procedures to proposed pretesting will constitute a problems in instruments currently in be used. Participation will be fully walkthrough of the intended data use. This clearance request is limited to voluntary, and non-participation will collection procedure. In these instances, formative research activities have not affect eligibility for, or receipt the request will mirror what is expected emphasizing data collection, toolkit of, future HRSA health services research to occur for the larger scale data development, and estimation activities or grant awards, recruitment collection. procedures and reports for internal or participation. Specific testing and decision-making and development evaluation procedures will be described Likely Respondents: Respondents will purposes. This clearance request does when we notify OMB about each new be recruited by means of advertisements not extend to the collection of data for request. Appropriate consent in public venues or through techniques public release or policy formation. It is procedures will be customized and used that replicate prospective data anticipated that these studies will rely for each information collection activity collection activities that are the focus of heavily on qualitative techniques to and any collection of personal, privacy- the project. For instance, a survey on meet their objectives. In general, these protected information will be handled physician communication, designed to activities are not designed to yield in accordance with all applicable be administered following an office results that meet generally accepted requirements. If the encounter is to be visit, might be pretested using the same standards of statistical rigor but are recorded, the respondent’s permission procedure. Each submission to OMB designed to obtain valuable formative to record will be obtained before will specify the specific recruitment information to develop more effective beginning the interview. procedure to be used. and efficient data collection tools that Screening—When screening is Burden Statement: Burden in this will yield more accurate results and required (e.g., quota sampling), the context means the time expended by decrease non-response. screening will be as brief as possible persons to generate, maintain, retain, Need and Proposed Use of the and the screening questionnaire will be disclose or provide the information Information: HRSA conducts cognitive provided as part of the submission to requested. This includes the time interviews, focus groups, usability tests, OMB. needed to review instructions; to field tests/pilot interviews, and Collection methods—The particular develop, acquire, install and utilize experimental research in laboratory and information collection methods used technology and systems for the purpose field settings, both for applied will vary, but may include the of collecting, validating, and verifying questionnaire development and following: information, processing and evaluation as well as more basic • Individual in-depth interviews—In- maintaining information, and disclosing research on response errors in surveys. depth interviews will commonly be and providing information; to train HRSA staff use various techniques to used to ensure that the meaning of a personnel and to be able to respond to evaluate interviewer administered, self- questionnaire or strategy is understood a collection of information; to search administered, telephone, Computer by the respondent. When in-depth data sources; to complete and review Assisted Personal Interviewing, interviewing is used, the interview the collection of information; and to Computer Assisted Self-Interviewing, guide will be provided to OMB for transmit or otherwise disclose the Audio Computer-Assisted Self- review. information. The total annual burden Interviewing, and web-based • Focus groups—Focus groups will be hours estimated for this ICR are questionnaires. used to obtain insights into beliefs and summarized in the table below.

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TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of Total burden per Total burden Type of information collection respondents responses per responses response hours respondent (in hours)

Mail/email 1 ...... 1,000 1 1,000 0.26 260 Telephone ...... 1,000 1 1,000 0.26 260 Web-based ...... 1,000 1 1,000 0.25 250 Focus Groups ...... 725 1 725 1.0 725 In-person ...... 500 1 500 1.0 500 Automated 2 ...... 500 1 500 1.0 500 Cognitive Testing ...... 500 1 500 1.41 705

Total ...... 5,225 ...... 5,225 ...... 3,200 1 May include telephone non-response follow-up in which case the burden will not change. 2 May include testing of database software, Computer Assisted Personal Interviewing software, or other automated technologies.

HRSA specifically requests comments • November 4–5, 2020; 9:00 a.m. to but are not limited to, topics and issues on (1) the necessity and utility of the 5:00 p.m. Eastern Time (ET). related to migratory and seasonal proposed information collection for the ADDRESSES: The May meeting will be agricultural worker health. proper performance of the agency’s held in-person at Courtyard Boulder Refer to the NACMH website listed functions, (2) the accuracy of the Longmont, 1410 Dry Creek Drive, above for all current and updated estimated burden, (3) ways to enhance Longmont, Colorado 80503. The information concerning the CY 2020 the quality, utility, and clarity of the November meeting will be held in- information to be collected, and (4) the NACMH meetings, including draft person at 5600 Fishers Lane, 5W07, agendas and meeting materials, which use of automated collection techniques Rockville, Maryland 20857. will be posted 30 calendar days before or other forms of information Instructions for joining the meetings the meeting. technology to minimize the information in-person will be posted on the NACMH collection burden. website 30 business days before the date Members of the public will have the Maria G. Button, of the meeting. For meeting information opportunity to provide comments. updates, go to the NACMH website at: Public participants may submit written Director, Executive Secretariat. https://bphc.hrsa.gov/ statements in advance of the scheduled [FR Doc. 2020–04166 Filed 2–28–20; 8:45 am] qualityimprovement/strategic meetings. Oral comments will be BILLING CODE 4165–15–P partnerships/nacmh/index.html. honored in the order they are requested FOR FURTHER INFORMATION CONTACT: and may be limited as time allows. DEPARTMENT OF HEALTH AND Esther Paul, NACMH Designated Requests to submit a written statement HUMAN SERVICES Federal Officer (DFO), Strategic or make oral comments to the NACMH Initiatives and Planning Division, Office should be sent to Esther Paul using the Health Resources and Services of Policy and Program Development, contact information above at least 5 Administration Bureau of Primary Health Care, HRSA, business days before the meeting date. 5600 Fishers Lane, 16N38B, Rockville, Individuals who need special Meetings of the National Advisory Maryland 20857; 301–594–4300; or assistance or another reasonable Council on Migrant Health [email protected]. accommodation should notify Esther SUPPLEMENTARY INFORMATION: NACMH AGENCY: Health Resources and Services Paul using the contact information provides advice and recommendations Administration (HRSA), Department of listed above at least 10 business days to the Secretary of HHS on policy, Health and Human Services (HHS). before the meeting(s) they wish to program development, and other attend. Since the November 2020 ACTION: Notice. matters of significance concerning the activities under section 217 of the meeting will occur in a federal government building, attendees must go SUMMARY: In accordance with the Public Health Service (PHS) Act, as Federal Advisory Committee Act, this amended (42 U.S.C. 218). Specifically, through a security check to enter the notice announces that the National NACMH provides recommendations building. Non-U.S. citizen attendees Advisory Council on Migrant Health concerning policy related to the must notify HRSA of their planned (NACMH) will hold two public organization, operation, selection, and attendance at least 20 business days meetings for the 2020 calendar year funding of migrant health centers, and prior to the meeting in order to facilitate (CY). Information about NACMH, and other entities under grants and contracts their entry into the building. All agendas for these meetings can be found under section 330 of the PHS Act (42 attendees are required to present on the NACMH website at: https:// U.S.C. 254b). NACMH meets twice each government-issued identification prior bphc.hrsa.gov/qualityimprovement/ calendar year, or at the discretion of the to entry. strategicpartnerships/nacmh/ DFO in consultation with the NACMH Maria G. Button, index.html. Chair. Since priorities dictate meeting times, Director, Executive Secretariat. DATES: be advised that times and agenda items [FR Doc. 2020–04169 Filed 2–28–20; 8:45 am] • May 5–6, 2020; 9:00 a.m. to 5:00 are subject to change. For CY 2020 BILLING CODE 4165–15–P p.m. Mountain Time (MT). meetings, agenda items may include,

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DEPARTMENT OF HEALTH AND or passport) and to state the purpose of their prior to the meeting. Oral presentations HUMAN SERVICES visit. from the public will be scheduled at the Information is also available on the conclusion of the meeting. Individuals National Institutes of Health Institute’s/Center’s home page: https:// orwh.od.nih.gov/, where an agenda and any interested in making oral presentations should notify the contact on or before Office of the Director, National additional information for the meeting will be posted when available. one week prior to the meeting. Five Institutes of Health; Notice of Meetings (Catalogue of Federal Domestic Assistance minutes maximum will be allotted for Pursuant to section 10(a) of the Program Nos. 93.14, Intramural Research each presentation. Federal Advisory Committee Act, as Training Award; 93.22, Clinical Research To attend onsite, submit written or amended, notice is hereby given of Loan Repayment Program for Individuals brief oral comments, or request special from Disadvantaged Backgrounds; 93.232, accommodations for persons with meetings of the Advisory Committee on Loan Repayment Program for Research Research on Women’s Health. disabilities, please register at the Generally; 93.39, Academic Research SAMHSA Committees’ website, https:// The meetings will be open to the Enhancement Award; 93.936, NIH Acquired public as indicated below, with Immunodeficiency Syndrome Research Loan snacregister.samhsa.gov/ attendance limited to space available. Repayment Program; 93.187, Undergraduate MeetingList.aspx, or communicate with Individuals who plan to attend and Scholarship Program for Individuals from the CSAP Council’s Designated Federal need special assistance, such as sign Disadvantaged Backgrounds, National Officer (see contact information below). language interpretation or other Institutes of Health, HHS) Substantive program information may reasonable accommodations, should Dated: February 25, 2020. be obtained after the meeting by notify the Contact Person listed below Miguelina Perez, accessing the SAMHSA Committee in advance of the meetings. Program Analyst, Office of Federal Advisory website, https://www.samhsa.gov/ The meetings will also be videocast Committee Policy. about-us/advisory-councils, or by contacting the Designated Federal and can be accessed from the NIH [FR Doc. 2020–04163 Filed 2–28–20; 8:45 am] Officer. Videocasting and Podcasting website BILLING CODE 4140–01–P (http://videocast.nih.gov/). Committee Name: Substance Abuse and Mental Health Services Name of Committee: Advisory Committee Administration, Center for Substance on Research on Women’s Health. DEPARTMENT OF HEALTH AND HUMAN SERVICES Abuse Prevention National Advisory Date: April 21, 2020. Council. Time: 9:00 a.m. to 5:00 p.m. Agenda: Director’s Report and Scientific Substance Abuse and Mental Health Date/Time/Type: March 17, 2020, Presentations. Services Administration from 9:30a.m. to 5:00p.m. EDT: (OPEN). Place: National Institutes of Health, Porter Place: SAMHSA, 5600 Fishers Lane, Neuroscience Center, Building 35A, Center for Substance Abuse Room 5N54, Rockville, MD 20852, Conference Room 620/630, 35 Center Drive, Prevention; Notice of Meeting Adobe Connect webcast: https:// Bethesda, MD 20892. samhsa-csap.adobeconnect.com/nac/. Contact Person: Elizabeth Spencer, R.N., Pursuant to Public Law 92–463, Contact: Matthew J. Aumen, Deputy Director, Office of Research on notice is hereby given for the meeting of Designated Federal Officer, SAMHSA Women’s Health, Executive Secretary, the Substance Abuse and Mental Health CSAP NAC, 5600 Fishers Lane, ACRWH, National Institutes of Health, 6707 Services Administration’s (SAMHSA) Rockville, MD 20852, Telephone: 240– Democracy Blvd., Room 7W444, Bethesda, Center for Substance Abuse Prevention MD 20817, (301) 402–1770, 276–2440, Fax: 301–480–8480, Email: National Advisory Council (CSAP NAC) [email protected]. [email protected]. on March 17, 2020. Any member of the public interested in The Council was established to advise Dated: February 26, 2020. presenting oral comments to the committee the Secretary, Department of Health and Carlos Castillo, may notify the Contact Person listed on this Human Services (HHS); the Assistant Committee Management Officer, SAMHSA. notice at least 10 days in advance of the meetings. Interested individuals and Secretary for Mental Health and [FR Doc. 2020–04212 Filed 2–28–20; 8:45 am] representatives of organizations may submit Substance Use, SAMHSA; and Director, BILLING CODE 4162–20–P a letter of intent, a brief description of the CSAP concerning matters relating to the organization represented, and a short activities carried out by and through the description of the oral presentation. Only one Center and the policies respecting such DEPARTMENT OF HEALTH AND representative of an organization may be activities. HUMAN SERVICES allowed to present oral comments and if The meeting will be open to the accepted by the committee, presentations public and will include the discussion Substance Abuse and Mental Health may be limited to five minutes. Both printed of the Evidence-Based Practices Services Administration and electronic copies are requested for the Resource Center; new SAMHSA record. In addition, any interested person publications; adolescent prevention Current List of HHS-Certified may file written comments with the Laboratories and Instrumented Initial committee by forwarding their statement to programs/activities; and Fostering Healthy Mental, Emotional, and Testing Facilities Which Meet Minimum the Contact Person listed on this notice. The Standards To Engage in Urine and Oral statement should include the name, address, Behavioral Development. The meeting telephone number and when applicable, the will also include updates on CSAP Fluid Drug Testing for Federal business or professional affiliation of the program developments. The meeting Agencies interested person. will be held in Rockville, Maryland. AGENCY: Substance Abuse and Mental In the interest of security, NIH has Attendance by the public on-site will be Health Services Administration, HHS. instituted stringent procedures for entrance limited to the space available. Interested onto the NIH campus. All visitor vehicles, ACTION: Notice. including taxicabs, hotel, and airport shuttles persons may present data, information, will be inspected before being allowed on or views, orally or in writing, on issues SUMMARY: The Department of Health and campus. Visitors will be asked to show one pending before the Council. Written Human Services (HHS) notifies federal form of identification (for example, a submissions should be forwarded to the agencies of the laboratories and government-issued photo ID, driver’s license, contact person on or before one week Instrumented Initial Testing Facilities

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(IITFs) currently certified to meet the been published. The Mandatory Alere Toxicology Services, 450 standards of the Mandatory Guidelines Guidelines require strict standards that Southlake Blvd., Richmond, VA for Federal Workplace Drug Testing laboratories and IITFs must meet in 23236, 804–378–9130 (Formerly: Programs using Urine or Oral Fluid order to conduct drug and specimen Kroll Laboratory Specialists, Inc., (Mandatory Guidelines). validity tests on specimens for federal Scientific Testing Laboratories, Inc.; A notice listing all currently HHS- agencies. HHS does not allow IITFs for Kroll Scientific Testing Laboratories, certified laboratories and IITFs is oral fluid testing. Inc.). published in the Federal Register To become certified, an applicant Clinical Reference Laboratory, Inc., 8433 during the first week of each month. If laboratory or IITF must undergo three Quivira Road, Lenexa, KS 66215– any laboratory or IITF certification is rounds of performance testing plus an 2802, 800–445–6917. suspended or revoked, the laboratory or on-site inspection. To maintain that Cordant Health Solutions, 2617 East L IITF will be omitted from subsequent certification, a laboratory or IITF must Street, Tacoma, WA 98421, 800–442– lists until such time as it is restored to participate in a quarterly performance 0438 (Formerly: STERLING Reference full certification under the Mandatory testing program plus undergo periodic, Laboratories). Guidelines. on-site inspections. Desert Tox, LLC, 10221 North 32nd If any laboratory or IITF has Laboratories and IITFs in the Street Suite J, Phoenix, AZ 85028, withdrawn from the HHS National applicant stage of certification are not to 602–457–5411. Laboratory Certification Program (NLCP) be considered as meeting the minimum DrugScan, Inc., 200 Precision Road, during the past month, it will be listed requirements described in the HHS Suite 200, Horsham, PA 19044, 800– at the end and will be omitted from the Mandatory Guidelines using Urine and/ 235–4890. monthly listing thereafter. or Oral Fluid. An HHS-certified Dynacare *, 245 Pall Mall Street, This notice is also available on the laboratory or IITF must have its letter of London, ONT, Canada N6A 1P4, 519– internet at https://www.samhsa.gov/ certification from HHS/SAMHSA 679–1630. (Formerly: Gamma- workplace/resources/drug-testing/ (formerly: HHS/NIDA), which attests Dynacare Medical Laboratories). certified-lab-list. that the test facility has met minimum ElSohly Laboratories, Inc., 5 Industrial standards. HHS does not allow IITFs for FOR FURTHER INFORMATION CONTACT: Park Drive, Oxford, MS 38655, 662– Anastasia Donovan, Division of oral fluid testing. 236–2609. Laboratory Corporation of America Workplace Programs, SAMHSA/CSAP, HHS-Certified Laboratories Certified To Holdings, 7207 N Gessner Road, 5600 Fishers Lane, Room 16N06B, Conduct Oral Fluid Drug Testing Houston, TX 77040, 713–856–8288/ Rockville, Maryland 20857; 240–276– In accordance with the Mandatory 2600 (voice); Anastasia.Donovan@ 800–800–2387. Guidelines using Oral Fluid dated Laboratory Corporation of America samhsa.hhs.gov (email). October 25, 2019 (84 FR 57554), the Holdings, 69 First Ave., Raritan, NJ SUPPLEMENTARY INFORMATION: The following HHS-certified laboratories 08869, 908–526–2400/800–437–4986 Department of Health and Human meet the minimum standards to conduct (Formerly: Roche Biomedical Services (HHS) notifies federal agencies drug and specimen validity tests on oral Laboratories, Inc.). of the laboratories and Instrumented fluid specimens: Laboratory Corporation of America Initial Testing Facilities (IITFs) At this time, there are no laboratories Holdings, 1904 TW Alexander Drive, currently certified to meet the standards certified to conduct drug and specimen Research Triangle Park, NC 27709, of the Mandatory Guidelines for Federal validity tests on oral fluid specimens. 919–572–6900/800–833–3984 Workplace Drug Testing Programs HHS-Certified Instrumented Initial (Formerly: LabCorp Occupational (Mandatory Guidelines) using Urine and Testing Services, Inc., CompuChem of the laboratories currently certified to Testing Facilities Certified To Conduct Urine Drug Testing Laboratories, Inc.; CompuChem meet the standards of the Mandatory Laboratories, Inc., A Subsidiary of Guidelines using Oral Fluid. In accordance with the Mandatory Roche Biomedical Laboratory; Roche The Mandatory Guidelines using Guidelines using Urine dated January Urine were first published in the 23, 2017 (82 FR 7920), the following * The Standards Council of Canada (SCC) voted Federal Register on April 11, 1988 (53 HHS-certified IITFs meet the minimum to end its Laboratory Accreditation Program for FR 11970), and subsequently revised in standards to conduct drug and specimen Substance Abuse (LAPSA) effective May 12, 1998. the Federal Register on June 9, 1994 (59 validity tests on urine specimens: Laboratories certified through that program were accredited to conduct forensic urine drug testing as FR 29908); September 30, 1997 (62 FR Dynacare, 6628 50th Street NW, required by U.S. Department of Transportation 51118); April 13, 2004 (69 FR 19644); Edmonton, AB Canada T6B 2N7, 780– (DOT) regulations. As of that date, the certification November 25, 2008 (73 FR 71858); 784–1190. (Formerly: Gamma- of those accredited Canadian laboratories will December 10, 2008 (73 FR 75122); April Dynacare Medical Laboratories). continue under DOT authority. The responsibility for conducting quarterly performance testing plus 30, 2010 (75 FR 22809); and on January HHS-Certified Laboratories Certified To periodic on-site inspections of those LAPSA- 23, 2017 (82 FR 7920). Conduct Urine Drug Testing accredited laboratories was transferred to the U.S. The Mandatory Guidelines using Oral HHS, with the HHS’ NLCP contractor continuing to Fluid were first published in the In accordance with the Mandatory have an active role in the performance testing and Guidelines using Urine dated January laboratory inspection processes. Other Canadian Federal Register on October 25, 2019 laboratories wishing to be considered for the NLCP (84 FR 57554) with an effective date of 23, 2017 (82 FR 7920), the following may apply directly to the NLCP contractor just as January 1, 2020. HHS-certified laboratories meet the U.S. laboratories do. The Mandatory Guidelines were minimum standards to conduct drug Upon finding a Canadian laboratory to be and specimen validity tests on urine qualified, HHS will recommend that DOT certify initially developed in accordance with the laboratory (Federal Register, July 16, 1996) as Executive Order 12564 and section 503 specimens: meeting the minimum standards of the Mandatory of Public Law 100–71 and allowed urine Alere Toxicology Services, 1111 Newton Guidelines published in the Federal Register on drug testing only. The Mandatory St., Gretna, LA 70053, 504–361–8989/ January 23, 2017 (82 FR 7920). After receiving DOT 800–433–3823. (Formerly: Kroll certification, the laboratory will be included in the Guidelines using Urine have since been monthly list of HHS-certified laboratories and revised, and new Mandatory Guidelines Laboratory Specialists, Inc., participate in the NLCP certification maintenance allowing for oral fluid drug testing have Laboratory Specialists, Inc.). program.

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CompuChem Laboratories, Inc., A U.S. Army Forensic Toxicology Drug SAMHSA’s direction developed a web- Member of the Roche Group). Testing Laboratory, 2490 Wilson St., based data form that case workers can Laboratory Corporation of America Fort George G. Meade, MD 20755– use to track the progress of submitted Holdings, 1120 Main Street, 5235, 301–677–7085. Testing for applications, including decisions Southaven, MS 38671, 866–827–8042/ Department of Defense (DoD) received from SSA either on initial 800–233–6339 (Formerly: LabCorp Employees Only. application or on appeal. This Occupational Testing Services, Inc.; password-protected web-based data Anastasia Marie Donovan, MedExpress/National Laboratory form is hosted on the SOAR website Policy Analyst. Center). (https://soartrack.prainc.com). Use of LabOne, Inc. d/b/a Quest Diagnostics, [FR Doc. 2020–04151 Filed 2–28–20; 8:45 am] this form is completely voluntary. 10101 Renner Blvd., Lenexa, KS BILLING CODE 4162–20–P There are two parts to the SOAR Web- 66219, 913–888–3927/800–873–8845 based Data Form. Part I of the SOAR (Formerly: Quest Diagnostics Web-based Data Form is intended for Incorporated; LabOne, Inc.; Center for DEPARTMENT OF HEALTH AND SOAR-trained case workers to enter the Laboratory Services, a Division of HUMAN SERVICES outcomes of SOAR-assisted SSI/SSDI LabOne, Inc.). Substance Abuse and Mental Health Legacy Laboratory Services Toxicology, applications. Part II of the SOAR Web- Services Administration 1225 NE 2nd Ave., Portland, OR based Data Form includes two sections reserved for SOAR State Team Leads to 97232, 503–413–5295/800–950–5295. Agency Information Collection MedTox Laboratories, Inc., 402 W report annually. The first section of Part Activities: Submission for OMB II collects quantitative summary data County Road D, St. Paul, MN 55112, Review; Comment Request 651–636–7466/800–832–3244. from states that do not track SOAR- Minneapolis Veterans Affairs Medical Periodically, the Substance Abuse and assisted SSI/SSDI applications using the Center, Forensic Toxicology Mental Health Services Administration SOAR Web-based Data Form Part I. The Laboratory, 1 Veterans Drive, (SAMHSA) will publish a summary of second section of Part II collects Minneapolis, MN 55417, 612–725– information collection requests under qualitative (open-ended) questions on 2088. Testing for Veterans Affairs OMB review, in compliance with the annual SOAR accomplishments, (VA) Employees Only. Paperwork Reduction Act (44 U.S.C. identified challenges, and Pacific Toxicology Laboratories, 9348 Chapter 35). To request a copy of these collaborations. DeSoto Ave., Chatsworth, CA 91311, documents, call the SAMHSA Reports Data from Part I of the form can be 800–328–6942 (Formerly: Centinela Clearance Officer on (240) 276–0361. compiled into reports on decision Hospital Airport Toxicology Project: SAMHSA SOAR Web-Based results and the use of SOAR critical Laboratory). components, such as the SSA–1696 Pathology Associates Medical Data Form (OMB No. 0930–0329)— EXTENSION Appointment of Representative, which Laboratories, 110 West Cliff Dr., allows SSA to communicate directly Spokane, WA 99204, 509–755–8991/ In 2009 SAMHSA created a Technical with the case worker assisting with the 800–541–7891x7. Assistance Center to assist in the application. These reports will be Phamatech, Inc., 15175 Innovation implementation of the Supplemental reviewed by agency directors, SOAR Drive, San Diego, CA 92128, 888– Security Income (SSI)/Social Security state-level leads, and the SAMHSA 635–5840. Disability Insurance (SSDI) Outreach, SOAR Technical Assistance Center to Quest Diagnostics Incorporated, 1777 Access, and Recovery (SOAR) effort in quantify the success of the effort overall Montreal Circle, Tucker, GA 30084, all states. The primary objective of and to identify areas where additional 800–729–6432 (Formerly: SmithKline SOAR is to improve the allowance rate technical assistance is needed. Beecham Clinical Laboratories; for the Social Security Administration’s SmithKline Bio-Science Laboratories). (SSA) disability benefits for people who There are no proposed changes to Part Quest Diagnostics Incorporated, 400 are experiencing or at risk of I of this form. These questions will be Egypt Road, Norristown, PA 19403, homelessness, and who have serious answered by all 700 case worker 610–631–4600/877–642–2216 mental illnesses. respondents, on average 3 times per (Formerly: SmithKline Beecham During the SOAR training, the year. There are no proposed changes to Clinical Laboratories; SmithKline Bio- importance of keeping track of SSI/SSDI Part II. These questions will be Science Laboratories). applications through the process is answered by 75 respondents once per Redwood Toxicology Laboratory, 3700 stressed. In response to requests from year. Westwind Blvd., Santa Rosa, CA states implementing SOAR, the The estimated response burden is as 95403, 800–255–2159. Technical Assistance Center under follows:

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

SOAR Web-based Data Form (Part I) ...... 700 3 2,100 .25 525 Annual Report Questions (Part II) ...... 75 1 75 1 37.50

Total ...... 775 ...... 2,175 ...... 562.50

Written comments and and Regulatory Affairs, Office of through the U.S. Postal Service, recommendations concerning the Management and Budget (OMB). To commenters are encouraged to submit proposed information collection should ensure timely receipt of comments, and their comments to OMB via email to: be sent by April 1, 2020 to the SAMHSA to avoid potential delays in OMB’s [email protected]. Desk Officer at the Office of Information receipt and processing of mail sent Although commenters are encouraged to

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send their comments via email, provisions are not applicable to a vessel DEPARTMENT OF HOMELAND commenters may also fax their of special construction or purpose if the SECURITY comments to: 202–395–7285. Coast Guard determines that the vessel Commenters may also mail them to: cannot comply fully with those U.S. Citizenship and Immigration Office of Management and Budget, requirements without interfering with Services Office of Information and Regulatory the special function of the vessel.1 [CIS No. 2661–20; DHS Docket No. USCIS– Affairs, New Executive Office Building, The owner, builder, operator, or agent 2015–0005] Room 10102, Washington, DC 20503. of a special construction or purpose RIN 1615–ZB76 Jennifer Wilson, vessel may apply to the Coast Guard Budget Analyst. District Office in which the vessel is Extension of the Designation of Yemen [FR Doc. 2020–04201 Filed 2–28–20; 8:45 am] being built or operated for a for Temporary Protected Status BILLING CODE 4162–20–P determination that compliance with AGENCY: U.S. Citizenship and alternative requirements is justified,2 Immigration Services, Department of and the Chief of the Prevention Division Homeland Security. DEPARTMENT OF HOMELAND would then issue the applicant a ACTION: Notice. SECURITY certificate of alternative compliance (COAC) if he or she determines that the SUMMARY: Through this notice, the Coast Guard vessel cannot comply fully with 72 Department of Homeland Security [Docket No. USCG–2020–0044] COLREGS light, shape, and sound signal (DHS) announces that the Secretary of provisions without interference with the Homeland Security (Secretary) is Certificate of Alternative Compliance vessel’s special function.3 If the Coast extending the designation of Yemen for for the M/V PELICAN II Guard issues a COAC, it must publish Temporary Protected Status (TPS) for 18 months, from March 4, 2020, through AGENCY: Coast Guard, DHS. notice of this action in the Federal Register.4 September 3, 2021. The extension ACTION: Notification of issuance of a allows currently eligible TPS certificate of alternative compliance. The Chief of Prevention Division, beneficiaries to retain TPS through Seventh District, U.S. Coast Guard, September 3, 2021, so long as they SUMMARY: The Coast Guard announces certifies that the M/V PELICAN II (O.N. otherwise continue to meet the that the Chief of Prevention Division, 1296903) is a vessel of special eligibility requirements for TPS. Seventh District has issued a certificate construction or purpose, and that, with This notice also sets forth procedures of alternative compliance from the respect to the positions of the masthead necessary for nationals of Yemen (or International Regulations for Preventing light, stern light, and sidelights, it is not aliens having no nationality who last Collisions at Sea, 1972 (72 COLREGS), possible to comply fully with the habitually resided in Yemen) to re- for the M/V PELICAN II (O.N. 1296903). requirements of the provisions register for TPS and to apply for We are issuing this notice because its enumerated in the 72 COLREGS, Employment Authorization Documents publication is required by statute. Due without interfering with the normal (EADs) with U.S. Citizenship and to the construction and placement of the operation, construction, or design of the Immigration Services (USCIS). USCIS masthead light, stern light, and will issue new EADs with a September sidelights, M/V PELICAN II cannot fully vessel’s car deck. The Chief of 3, 2021, expiration date to eligible comply with the light, shape, or sound Prevention Division, Seventh District, beneficiaries under Yemen’s TPS signal provisions of the 72 COLREGS U.S. Coast Guard, further finds and designation who timely re-register and without interfering with the vessel’s certifies that the lights are configured in apply for EADs under this extension. design and construction. This closest possible compliance with the notification of the issuance of these applicable provisions of the 72 DATES: Extension of Designation of certificates of alternative compliance COLREGS.5 Yemen for TPS: The 18-month extension of the TPS designation of promotes the Coast Guard’s marine This notice is issued under authority Yemen is effective March 4, 2020, and safety mission. of 33 U.S.C. 1605(c) and 33 CFR 81.18. will remain in effect through September DATES: The Certificate of Alternative Dated: January 16, 2020. 3, 2021. The 60-day re-registration Compliance for the M/V PELICAN II period runs from March 2, 2020 through was issued on January 16, 2020. J.D. Espino-Young, Captain, U.S. Coast Guard, Chief, Prevention May 1, 2020. (Note: It is important for FOR FURTHER INFORMATION CONTACT: For Division, Seventh Coast Guard District. re-registrants to timely re-register during information or questions about this [FR Doc. 2020–04251 Filed 2–28–20; 8:45 am] this 60-day period and not to wait until notice call or email LCDR Dale their EADs expire.) Cressman, D7 dpi, U.S. Coast Guard, BILLING CODE 9110–04–P FOR FURTHER INFORMATION CONTACT: 305–415–7148, Dale.T.Cressman@ • You may contact Maureen Dunn, uscg.mil. Chief, Humanitarian Affairs Division, SUPPLEMENTARY INFORMATION: The Office of Policy and Strategy, U.S. United States is signatory to the Citizenship and Immigration Services, International Maritime Organization’s U.S. Department of Homeland Security, International Regulations for Preventing by mail at 20 Massachusetts Avenue Collisions at Sea, 1972 (72 COLREGS), NW, Washington, DC 20529–2060, or by as amended. The special construction or phone at 800–375–5283. purpose of some vessels makes them 1 33 U.S.C. 1605. • For further information on TPS, unable to comply with the light, shape, 2 33 CFR 81.5. including guidance on the re- or sound signal provisions of the 72 3 33 CFR 81.9. registration process and additional COLREGS. Under statutory law, 4 33 U.S.C. 1605(c) and 33 CFR 81.18. information on eligibility, please visit however, specified 72 COLREGS 5 33 U.S.C. 1605(a); 33 CFR 81.9. the USCIS TPS web page at

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www.uscis.gov/tps. You can find designation, the 60-day re-registration • TPS beneficiaries may also apply specific information about this period runs from March 2, 2020 through for and be granted travel authorization extension of Yemen’s TPS designation May 1, 2020. USCIS will issue new as a matter of discretion. by selecting ‘‘Yemen’’ from the menu on EADs with a September 3, 2021, • The granting of TPS does not result the left side of the TPS web page. expiration date to eligible Yemeni TPS in or lead to lawful permanent resident • If you have additional questions beneficiaries who timely re-register and status. about TPS, please visit uscis.gov/tools. apply for EADs. Given the timeframes • To qualify for TPS, beneficiaries Our online virtual assistant, Emma, can involved with processing TPS re- must meet the eligibility standards at answer many of your questions and registration applications, DHS INA section 244(c)(1)–(2), 8 U.S.C. point you to additional information on recognizes that all re-registrants may not 1254a(c)(1)–(2). our website. If you are unable to find receive new EADs before their current • When the Secretary terminates a your answers there, you may also call EADs expire on March 3, 2020. country’s TPS designation, beneficiaries our USCIS Contact Center at 800–375– Accordingly, through this Federal return to one of the following: 5283 (TTY 800–767–1833). Register notice, DHS automatically Æ • Applicants seeking information extends the validity of these EADs The same immigration status or about the status of their individual cases issued under the TPS designation of category that they maintained before may check Case Status Online, available Yemen for 180 days, through August 30, TPS, if any (unless that status or on the USCIS website at www.uscis.gov, 2020. Additionally, aliens who have category has since expired or been or call the USCIS Contact Center at 800– EADs with an expiration date of terminated); or 375–5283 (TTY 800–767–1833). September 3, 2018, and who applied for Æ Any other lawfully obtained • Further information will also be a new EAD during the last re- immigration status or category they available at local USCIS offices upon registration period but have not yet received while registered for TPS, as publication of this notice. received their new EADs are also long as it is still valid beyond the date SUPPLEMENTARY INFORMATION: covered by this automatic extension. TPS terminates. Therefore, TPS beneficiaries who have When was Yemen designated for TPS? Table of Abbreviations EADs with: (1) A March 3, 2020 or BIA—Board of Immigration Appeals September 3, 2018 expiration date and Former Secretary of Homeland CFR—Code of Federal Regulations (2) an A–12 or C–19 category code, can Security Jeh Johnson initially DHS—U.S. Department of Homeland show these EADs as proof of continued designated Yemen for TPS on Security employment authorization through September 3, 2015, based on ongoing DOS—U.S. Department of State August 30, 2020. This notice explains armed conflict in the country resulting EAD—Employment Authorization Document FNC—Final Nonconfirmation how TPS beneficiaries and their from the July 2014 offensive by the Form I–765—Application for Employment employers may determine which EADs Houthis, a northern opposition group Authorization are automatically extended and how that initiated a violent, territorial Form I–797—Notice of Action this affects the Employment Eligibility expansion across the country, Form I–821—Application for Temporary Verification (Form I–9), E-Verify, and eventually forcing Yemeni government Protected Status USCIS Systematic Alien Verification for leaders into exile in Saudi Arabia. See Form I–9—Employment Eligibility Entitlements (SAVE) processes. Designation of Republic of Yemen for Verification Aliens who have a Yemen-based Temporary Protected Status, 80 FR Form I–912—Request for Fee Waiver 53319 (Sept. 3, 2015). On January 4, Form I–94—Arrival/Departure Record Application for Temporary Protected FR—Federal Register Status (Form I–821) and/or Application 2017, former Secretary Johnson Government—U.S. Government for Employment Authorization (Form I– announced an 18-month extension of IJ—Immigration Judge 765) that was still pending as of March Yemen’s existing designation and a new INA—Immigration and Nationality Act 2, 2020 do not need to file either designation of Yemen for TPS on the IER—U.S. Department of Justice Civil Rights application again. If USCIS approves an dual bases of ongoing armed conflict Division, Immigrant and Employee Rights alien’s Form I–821, USCIS will grant the and extraordinary and temporary Section TPS through September 3, 2021. conditions. See Extension and SAVE—USCIS Systematic Alien Verification Similarly, if USCIS approves a pending Redesignation of Republic of Yemen for for Entitlements Program Temporary Protected Status, 82 FR 859 Secretary—Secretary of Homeland Security TPS-related Form I–765, it will be valid TNC—Tentative Nonconfirmation through the same date. There are (Jan. 4, 2017). TPS—Temporary Protected Status currently approximately 1,647 More recently, in July 2018, former TTY—Text Telephone beneficiaries under Yemen’s TPS Secretary Kirstjen Nielsen extended USCIS—U.S. Citizenship and Immigration designation. Yemen’s designation for 18 months, Services though March 3, 2020. See Extension of What Is Temporary Protected Status? U.S.C.—United States Code the Designation of Yemen for Through this notice, DHS sets forth • TPS is a temporary immigration Temporary Protected Status, 83 FR procedures necessary for eligible status granted to eligible nationals of a 40307 (Aug. 14, 2018). country designated for TPS under the nationals of Yemen (or aliens having no What authority does the Secretary have Immigration and Nationality Act (INA), nationality who last habitually resided to extend the designation of Yemen for or to eligible persons without in Yemen) to re-register for TPS and to TPS? apply for renewal of their EADs with nationality who last habitually resided USCIS. Re-registration is limited to in the designated country. Section 244(b)(1) of the INA, 8 U.S.C. persons who have previously registered • During the TPS designation period, 1254a(b)(1), authorizes the Secretary, for TPS under the designation of Yemen TPS beneficiaries are eligible to remain after consultation with appropriate and whose applications have been in the United States, may not be agencies of the U.S. Government granted. removed, and are authorized to obtain (Government), to designate a foreign For aliens who have already been EADs so long as they continue to meet state (or part thereof) for TPS if the granted TPS under Yemen’s the requirements of TPS. Secretary determines that certain

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country conditions exist.1 The decision Emirates-backed Southern Transition 30 percent of new arrivals to Yemen are to designate any foreign state (or part Council (STC) initiated a new wave of unaccompanied minors, also according thereof) is a discretionary decision, and violence in the south in 2019. In to UNOCHA. there is no judicial review of any addition, terrorist groups, including Al- Yemen relies on imports for determination with respect to the Qaeda in the Arabian Peninsula (AQAP) approximately 90 percent of staple food designation, or termination of, or and a faction of the self-described supplies, according to UNOCHA. Prior extension of, a designation. The Islamic State (IS–Y), carried out to 2015, Yemen was already suffering Secretary, in his discretion, may then hundreds of attacks throughout Yemen from significant food insecurity. In grant TPS to eligible nationals of that in 2018 and 2019. March 2019, the World Food Program foreign state (or eligible aliens having no Civilians in Yemen continue to be declared that Yemen was experiencing nationality who last habitually resided killed and injured and to suffer the world’s largest food crisis, affecting in the designated country). See INA numerous human rights abuses and 20.1 million individuals. Of those section 244(a)(1)(A), 8 U.S.C. violations, including those involving experiencing food insecurity, 9.9 1254a(a)(1)(A). unlawful or arbitrary killings, forced million are facing acute food insecurity. At least 60 days before the expiration disappearances, torture, sexual violence, There are nearly 2.3 million suspected of a country’s TPS designation or arbitrary arrest and detention, and harsh cholera cases, and more than 3,700 extension, the Secretary, after and life-threatening prison conditions. associated deaths from cholera, since consultation with appropriate Saudi-led coalition airstrikes have April 2017, according to the World Government agencies, must review the resulted in civilian casualties on Health Organization. conditions in the foreign state multiple occasions. Houthi forces have Years of protracted conflict have designated for TPS to determine used banned antipersonnel landmines, severely damaged much of Yemen’s whether the conditions for the TPS recruited children, and fired artillery critical infrastructure, according to designation continue to be met. See INA into cities including Taiz and Aden, UNOCHA. The conflict has caused section 244(b)(3)(A), 8 U.S.C. killing and wounding civilians. significant destruction of housing, 1254a(b)(3)(A). If the Secretary does not Government and Houthi security forces medical facilities, schools, and power determine that the foreign state no have committed rape and other forms of and water utilities, limiting the longer meets the conditions for TPS serious sexual violence targeting foreign availability of electricity, clean water, designation, the designation will be migrants, internally displaced persons and medical care and hampering the extended for an additional period of 6 (IDPs), and other vulnerable groups. ability of humanitarian organizations to months or, in the Secretary’s discretion, Non-state actors, including tribal deliver critically needed food, medicine, 12 or 18 months. See INA section militias, militant secessionist elements, and water, according to a 2019 DOS Yemen Travel Advisory. In 2019, the 244(b)(3)(A), (C), 8 U.S.C. AQAP, and IS–Y have also reportedly escalating conflict extensively damaged 1254a(b)(3)(A), (C). If the Secretary committed significant human rights the remaining public and civilian determines that the foreign state no abuses with impunity. The United Nations has reported that infrastructure, also according to longer meets the conditions for TPS there have been at least 102,000 civilian UNOCHA. designation, the Secretary must fatalities due to armed conflict in Yemen’s economy continues to terminate the designation. See INA Yemen since 2015. 2018 was the deteriorate due to the ongoing conflict. section 244(b)(3)(B), 8 U.S.C. deadliest year of the conflict to date, The country’s Gross Domestic Product 1254a(b)(3)(B). with 30,800 reported fatalities. From (GDP) is estimated to have contracted by Why is the Secretary extending the TPS January–June 2019, 11,900 civilian almost 40 percent since the end of 2014, designation for Yemen through fatalities were reported, also according although official statistics remain September 3, 2021? to NGO reports. unavailable, according to the World Yemen continues to experience a Bank. The decline in economic activity DHS has reviewed conditions in significant humanitarian crisis. An has in turn led to a significant reduction Yemen. Based on the review, including estimated 24.1 million people—about 80 in revenue collection, and increased the input received from other Government percent of the country’s population of country’s debt. Along with growing agencies, the Secretary has determined 30.5 million—require humanitarian debt, a sharp increase in inflation and that an 18-month extension is warranted assistance, according to the United a large depreciation in the exchange rate because the ongoing armed conflict and Nations. From 2016 to 2018, as many as from April 2018 to April 2019 extraordinary and temporary conditions 4.3 million people were internally dramatically reduced household supporting Yemen’s TPS designation displaced in Yemen. An estimated 3.6 purchasing power. The share of the remain. million remained displaced as of late population living below the poverty line Now in its fifth year, the conflict in 2019, while 1 million have returned has notably increased since the conflict Yemen continues, with ongoing clashes from displacement to their places of began, with current projections between the Houthi and government origin, according to the United Nations indicating that more than 75 percent of forces in Yemen. The Saudi-led Office for the Coordination of the total population lives below the coalition continues to wage a persistent Humanitarian Affairs (UNOCHA). poverty line, also according to the air campaign against the Houthis and According to the International World Bank. their allies, and fighting between Organization for Migration, more than Based upon this review, and after government forces and the United Arab 190,000 people, including about 65,000 consultation with appropriate Yemenis, have fled to neighboring Government agencies, the Secretary has 1 As of March 1, 2003, in accordance with section 1517 of title XV of the Homeland Security Act of countries since the outbreak of the determined that: 2002, Public Law 107–296, 116 Stat. 2135, any conflict. Yemen currently hosts more • The conditions supporting Yemen’s reference to the Attorney General in a provision of than 422,000 refugees, asylum-seekers, designation for TPS continue to be met. the INA describing functions transferred from the and migrants, many of whom grew more See INA section 244(b)(3)(A) and (C), 8 Department of Justice to DHS ‘‘shall be deemed to vulnerable due to the worsening U.S.C. 1254a(b)(3)(A) and (C). refer to the Secretary’’ of Homeland Security. See • 6 U.S.C. 557 (codifying the Homeland Security Act security and economic situation in There continues to be an ongoing of 2002, tit. XV, section 1517). 2018, according to UNOCHA. More than armed conflict in Yemen and, due to

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such conflict, requiring the return to I–912)). If you do not want a new EAD, so USCIS can process your application Yemen of Yemeni nationals (or aliens you do not have to file Form I–765 and and issue any EAD promptly. Properly having no nationality who last pay the Form I–765 fee. If you do not filing early will also allow you to have habitually resided in Yemen) would want to request a new EAD now, you time to refile your application before the pose a serious threat to their personal may also file Form I–765 at a later date deadline, should USCIS deny your fee safety. See INA section 244(b)(1)(A), 8 and pay the fee (or request a fee waiver), waiver request. If, however, you receive U.S.C. 1254a(b)(1)(A). provided that you still have TPS or a a denial of your fee waiver request and • There continue to be extraordinary pending TPS application. are unable to refile by the re-registration and temporary conditions in Yemen that Additionally, aliens who have EADs deadline, you may still refile your Form prevent Yemeni nationals (or aliens with an expiration date of September 3, I–821 with the biometrics fee. USCIS having no nationality who last 2018, and who applied for a new EAD will review this situation to determine habitually resided in Yemen) from during the last re-registration period but whether you established good cause for returning to Yemen in safety, and it is have not yet received their new EADs late TPS re-registration. However, you not contrary to the national interest of are also covered by this automatic EAD are urged to refile within 45 days of the the United States to permit Yemeni TPS extension through August 30, 2020. You date on any USCIS fee waiver denial beneficiaries to remain in the United do not need to apply for a new EAD to notice, if possible. See INA section States temporarily. See INA section benefit from this 180-day automatic 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). extension. If you have a Form I–821 CFR 244.17(b). For more information on • The designation of Yemen for TPS and/or Form I–765 that was still good cause for late re-registration, visit should be extended for an 18-month pending as of March 2, 2020, then you the USCIS TPS web page at period, from March 4, 2020, through do not need to file either application www.uscis.gov/tps. Following denial of September 3, 2021. See INA section again. If USCIS approves your pending your fee waiver request, you may also 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). TPS application, USCIS will grant you refile your Form I–765 with fee either TPS through September 3, 2021. Notice of Extension of the TPS with your Form I–821 or at a later time, Similarly, if USCIS approves your if you choose. Designation of Yemen pending TPS-related Form I–765, USCIS will issue you a new EAD that will be Note: Although a re-registering TPS By the authority vested in me as beneficiary age 14 and older must pay the Secretary under INA section 244, 8 valid through the same date. biometric services fee (but not the Form I– U.S.C. 1254a, I have determined, after You may file the application for a new 821 fee) when filing a TPS re-registration consultation with the appropriate EAD either prior to or after your current application, you may decide to wait to Government agencies, the conditions EAD has expired. However, you are request an EAD. Therefore, you do not have supporting Yemen’s designation for TPS strongly encouraged to file your to file the Form I–765 or pay the associated continue to be met. See INA section application for a new EAD as early as Form I–765 fee (or request a fee waiver) at 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On possible to avoid gaps in the validity of the time of re-registration, and could wait to the basis of this determination, I am your employment authorization seek an EAD until after USCIS has approved documentation and to ensure that you your TPS re-registration application. If you extending the existing designation of choose to do this, to re-register for TPS you TPS for Yemen for 18 months, from receive your new EAD by August 30, would only need to file the Form I–821 with March 4, 2020, through September 3, 2020. the biometrics services fee, if applicable, (or 2021. See INA section 244(b)(1)(A), For more information on the request a fee waiver). (b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), application forms and fees for TPS, (b)(1)(C). please visit the USCIS TPS web page at Mailing Information www.uscis.gov/tps. Fees for the Form I– Chad F. Wolf, 821, the Form I–765, and biometric Mail your application for TPS to the Acting Secretary. services are also described in 8 CFR proper address in Table 1. 103.7(b)(1)(i). Required Application Forms and TABLE 1—MAILING ADDRESSES Application Fees to Re-Register for TPS Biometric Services Fee To re-register for TPS based on the Biometrics (such as fingerprints) are If you would like to send your application Then, mail your appli- designation of Yemen, you must submit required for all applicants 14 years of by: cation to: an Application for Temporary Protected age and older. Those applicants must Status (Form I–821). There is no Form submit a biometric services fee. For U.S. Postal Service ... U.S. Citizenship and I–821 fee for re-registration. See 8 CFR more information on the application Immigration Serv- 244.17. You may be required to pay the forms and fees for TPS, please visit the ices, Attn: TPS biometric services fee. Please see USCIS TPS web page at www.uscis.gov/ Yemen, P.O. Box additional information under the tps. If necessary, you may be required to 6943, Chicago, IL 60680–6943. ‘‘Biometric Services Fee’’ section of this visit an Application Support Center to notice. A non-U.S. Postal U.S. Citizenship and have your biometrics captured. For Service courier. Immigration Serv- Through this Federal Register notice, additional information on the USCIS ices, Attn: TPS your existing EAD issued under the TPS biometrics screening process, please see Yemen, 131 S designation of Yemen with the the USCIS Customer Profile Dearborn Street— expiration date of March 3, 2020, is Management Service Privacy Impact 3rd Floor, Chicago, automatically extended for 180 days, Assessment, available at www.dhs.gov/ IL 60603–5517. through August 30, 2020. Although not privacy. required to do so, if you want to obtain If you were granted TPS by an a new EAD valid through September 3, Refiling a TPS Re-Registration Immigration Judge (IJ) or the Board of 2021, you must file an Application for Application After Receiving a Denial of Immigration Appeals (BIA) and you Employment Authorization (Form I– a Fee Waiver Request wish to request an EAD or are re- 765) and pay the Form I–765 fee (or You should file as soon as possible registering for the first time following a submit a Request for a Fee Waiver (Form within the 60-day re-registration period grant of TPS by an IJ or the BIA, please

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mail your application to the appropriate Federal Register notice to maintain your request for TPS has been denied. See the mailing address in Table 1. When re- TPS. subsection titled, ‘‘How do my employer registering and requesting an EAD based and I complete the Employment When hired, what documentation may on an IJ/BIA grant of TPS, please Eligibility Verification (Form I–9) using I show to my employer as evidence of my automatically extended employment include a copy of the IJ or BIA order employment authorization and identity authorization for a new job?’’ for further granting you TPS with your application. when completing Form I–9? This will help us to verify your grant of information. TPS and process your application. You can find the Lists of Acceptable As an alternative to presenting Documents on the third page of Form I– evidence of your automatically Supporting Documents 9 as well as the Acceptable Documents extended EAD, you may choose to The filing instructions on the Form I– web page at www.uscis.gov/i-9-central/ present any other acceptable document 821 list all the documents needed to acceptable-documents. Employers must from List A, a combination of one establish eligibility for TPS. You may complete Form I–9 to verify the identity selection from List B and one selection also find information on the acceptable and employment authorization of all from List C, or an acceptable receipt. new employees. Within 3 days of hire, documentation and other requirements What documentation may I present to for applying or registering for TPS on employees must present acceptable documents to their employers as my employer for Form I–9 if I am the USCIS website at www.uscis.gov/tps already employed but my current TPS- under ‘‘Yemen.’’ evidence of identity and employment authorization to satisfy Form I–9 related EAD is set to expire? Employment Authorization Document requirements. Even though your EAD has been (EAD) You may present any document from automatically extended, your employer How can I obtain information on the List A (which provides evidence of both is required by law to ask you about your status of my EAD request? identity and employment continued employment authorization, authorization), or one document from and you will need to present your To get case status information about List B (which provides evidence of your employer with evidence that you are your TPS application, including the identity) together with one document still authorized to work. Once status of an EAD request, you can check from List C (which provides evidence of presented, your employer should update Case Status Online at www.uscis.gov, or employment authorization), or you may the EAD expiration date in Section 2 of call the USCIS Contact Center at 800– present an acceptable receipt as Form I–9. See the section ‘‘What 375–5283 (TTY 800–767–1833). If your described in the Form I–9 instructions. corrections should my current employer Form I–765 has been pending for more Employers may not reject a document make to Form I–9 if my employment than 90 days, and you still need based on a future expiration date. You authorization has been automatically assistance, you may request an EAD can find additional information about extended?’’ of this Federal Register inquiry appointment with USCIS at Form I–9 on the I–9 Central web page notice for further information. You may my.uscis.gov/en/appointment/v2. at www.uscis.gov/I-9Central. show this Federal Register notice to However, we strongly encourage you An EAD is an acceptable document your employer to explain what to do for first to check Case Status Online or call under List A. See the section ‘‘How do Form I–9 and to show that your EAD the USCIS Contact Center for assistance my employer and I complete Form I–9 has been automatically extended before requesting an appointment using my automatically extended through August 30, 2020. Your online. employment authorization for a new employer may need to re-inspect your job?’’ of this Federal Register notice for Am I eligible to receive an automatic automatically extended EAD to check further information. If your EAD has an extension of my current EAD through the Card Expires date and Category code expiration date of March 3, 2020, or August 30, 2020, through this Federal if your employer did not keep a copy of September 3, 2018 (and you applied for Register notice? your EAD when you initially presented a new EAD during the last re- it. Yes. Provided that you currently have registration period but have not yet The last day of the automatic a Yemen TPS-based EAD described received a new EAD), and states A–12 extension for your EAD is August 30, below, this notice automatically extends or C–19 under Category, it has been 2020. Before you start work on August your EAD through August 30, 2020, if extended automatically by virtue of this 31, 2020, your employer is required by you are a national of Yemen (or an alien Federal Register notice and you may law to reverify your employment having no nationality who last choose to present your EAD to your authorization in Section 3 of Form I–9. habitually resided in Yemen); and have employer as proof of identity and At that time, you must present any one of the following: employment eligibility for Form I–9 document from List A or any document • An EAD with a marked expiration through August 30, 2020, unless your from List C on Form I–9, Lists of date of March 3, 2020, bearing the TPS has been withdrawn or your Acceptable Documents, or an acceptable notation A–12 or C–19 on the face of the request for TPS has been denied. If you List A or List C receipt described in the card under Category, or have an EAD with a marked expiration Form I–9 instructions, to reverify • An EAD with a marked expiration date of March 3, 2020, that states A–12 employment authorization. date of September 3, 2018, bearing the or C–19 under Category, and you If your original Form I–9 was a notation A–12 or C–19 on the face of the received a Notice of Action (Form I– previous version, your employer must card under Category and you applied for 797C) that states your EAD is complete Section 3 of the current a new EAD during the last re- automatically extended for 180 days, version of Form I–9, and attach it to registration period but have not yet you may choose to present your EAD to your previously completed Form I–9. received a new EAD. your employer together with this Form Your employer can check the I–9 Although this Federal Register notice I–797C as a List A document that Central web page at www.uscis.gov/I- automatically extends your EAD provides evidence of your identity and 9Central for the most current version of through August 30, 2020, you must re- employment authorization for Form I–9 Form I–9. register timely for TPS in accordance through August 30, 2020, unless your Your employer may not specify which with the procedures described in this TPS has been withdrawn or your List A or List C document you must

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present and cannot reject an acceptable re-registration period but have not yet number from Form I–9 in the Document receipt. received a new EAD); Number field in E-Verify. b. Write in the document title; Can my employer require that I provide c. Enter the issuing authority; If I am an employer enrolled in E- any other documentation to prove my d. Enter either the employee’s A- Verify, what do I do when I receive a status, such as proof of my Yemeni Number or USCIS number from Section ‘‘Work Authorization Documents citizenship or a Form I–797C showing 1 in the Document Number field on Expiration’’ alert for an automatically I re-registered for TPS? Form I–9; and extended EAD? No. When completing Form I–9, e. Write August 30, 2020, as the E-Verify automated the verification including reverifying employment expiration date. process for TPS-related EADs that are authorization, employers must accept Before the start of work on August 31, automatically extended. If you have any documentation that appears on the 2020, employers must reverify the employees who provided a TPS-related Form I–9 ‘‘Lists of Acceptable employee’s employment authorization EAD when they first started working for Documents’’ that reasonably appears to in Section 3 of Form I–9. you, you will receive a ‘‘Work Authorization Documents Expiring’’ be genuine and that relates to you, or an What corrections should my current case alert when the auto-extension acceptable List A, List B, or List C employer make to Form I–9 if my period for this EAD is about to expire. receipt. Employers need not reverify employment authorization has been Before this employee starts work on List B identity documents. Employers automatically extended? may not request documentation that August 31, 2020, as appropriate, you If you presented a TPS-related EAD does not appear on the Lists of must reverify his or her employment that was valid when you first started Acceptable Documents. Therefore, authorization in Section 3 of Form I–9. your job and your EAD has now been employers may not request proof of Employers should not use E-Verify for automatically extended, your employer Yemeni citizenship or proof of re- reverification. may need to re-inspect your current registration for TPS when completing EAD if the employer does not have a Note to All Employers Form I–9 for new hires or reverifying copy of the EAD on file. Your employer Employers are reminded that the laws the employment authorization of should determine if your EAD is requiring proper employment eligibility current employees. If presented with an automatically extended by ensuring that verification and prohibiting unfair EAD that has been automatically it contains Category A–12 or C–19 and immigration-related employment extended, employers should accept such has a Card Expires date of March 3, practices remain in full force. This a document as a valid List A document, 2020 (or a Card Expires date of Federal Register notice does not so long as the EAD reasonably appears September 3, 2018, if you applied for a supersede or in any way limit to be genuine and relates to the new EAD during the last re-registration applicable employment verification employee. Refer to the ‘‘Note to period but have not yet received a new rules and policy guidance, including Employees’’ section of this Federal EAD). If your employer determines that those rules setting forth reverification Register notice for important your EAD has been automatically requirements. For general questions information about your rights if your extended, your employer should update about the employment eligibility employer rejects lawful documentation, Section 2 of your previously completed verification process, employers may call requires additional documentation, or Form I–9 as follows: USCIS at 888–464–4218 (TTY 877–875– otherwise discriminates against you a. Write EAD EXT and August 30, 6028) or email USCIS at I9Central@ based on your citizenship or 2020, as the last day of the automatic dhs.gov. USCIS accepts calls and emails immigration status, or your national extension in the Additional Information in English and many other languages. origin. field; and For questions about avoiding How do my employer and I complete b. Initial and date the correction. discrimination during the employment Form I–9 using my automatically Note: This is not considered a eligibility verification process (Form I– extended employment authorization for reverification. Employers do not need to 9 and E-Verify), employers may call the a new job? complete Section 3 until either the 180-day U.S. Department of Justice’s Civil Rights automatic extension has ended or the Division, Immigrant and Employee When using an automatically employee presents a new document to show Rights Section (IER) Employer Hotline extended EAD to complete Form I–9 for continued employment authorization, at 800–255–8155 (TTY 800–237–2515). a new job before August 31, 2020, for whichever is sooner. By August 31, 2020, IER offers language interpretation in Section 1, you should: when the employee’s automatically extended numerous languages. Employers may EAD has expired, employers are required by a. Check ‘‘An alien authorized to work also email IER at [email protected]. until’’ and enter August 30, 2020 as the law to reverify the employee’s employment expiration date; and authorization in Section 3. If your original Note to Employees Form I–9 was a previous version, your b. Enter your USCIS number or A- employer must complete Section 3 of the For general questions about the Number where indicated (your EAD or current version of Form I–9 and attach it to employment eligibility verification other document from DHS will have your previously completed Form I–9. Your process, employees may call USCIS at your USCIS number or A-Number employer can check the I–9 Central web page 888–897–7781 (TTY 877–875–6028) or printed on it; the USCIS number is the at www.uscis.gov/I-9Central for the most email USCIS at [email protected]. same as your A-Number without the A current version of Form I–9. USCIS accepts calls in English, Spanish, prefix). and many other languages. Employees For Section 2, your employer should: If I am an employer enrolled in E- or applicants may also call the IER a. Determine if the EAD is auto- Verify, how do I verify a new employee Worker Hotline at 800–255–7688 (TTY extended by ensuring it is in Category whose EAD has been automatically 800–237–2515) for information A–12 or C–19 and has a Card Expires extended? regarding employment discrimination date of March 3, 2020 (or Card Expires Employers may create a case in E- based upon citizenship, immigration date of September 3, 2018, if you Verify for a new employee by providing status, or national origin, including applied for a new EAD during the last the employee’s A-Number or USCIS discrimination related to Employment

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Eligibility Verification (Form I–9) and E- benefits. Each state may have different delayed. You can check the status of Verify. The IER Worker Hotline laws, requirements, and determinations your SAVE verification by using provides language interpretation in about what documents you need to CaseCheck at save.uscis.gov/casecheck, numerous languages. provide to prove eligibility for certain then by clicking the ‘‘Check Your Case’’ To comply with the law, employers benefits. Whether you are applying for button. CaseCheck is a free service that must accept any document or a Federal, state, or local government lets you follow the progress of your combination of documents from the benefit, you may need to provide the SAVE verification using your date of Lists of Acceptable Documents if the government agency with documents that birth and one immigration identifier documentation reasonably appears to be show you are a TPS beneficiary, show number. If an agency has denied your genuine and to relate to the employee, you are authorized to work based on application based solely or in part on a or an acceptable List A, List B, or List TPS or other status, and/or that may be SAVE response, the agency must offer C receipt as described in the Form I–9 used by DHS to determine whether you you the opportunity to appeal the Instructions. Employers may not require have TPS or other immigration status. decision in accordance with the extra or additional documentation Examples of such documents are: agency’s procedures. If the agency has beyond what is required for Form I–9 • Your current EAD; received and acted upon or will act completion. Further, employers • A copy of your Form I–797C, Notice upon a SAVE verification and you do participating in E-Verify who receive an of Action, for your Form I–765 not believe the response is correct, you E-Verify case result of Tentative providing an automatic extension of may make an appointment for an in- Nonconfirmation (TNC) must promptly your currently expired or expiring EAD; person interview at a local USCIS office. • inform employees of the TNC and give A copy of your Form I–797C, Notice Detailed information on how to make such employees an opportunity to of Action, for your Form I–821 for this corrections or update your immigration contest the TNC. A TNC case result re-registration; record, make an appointment, or submit • means that the information entered into A copy of your Form I–797, the a written request to correct records E-Verify from an employee’s Form I–9 notice of approval, for a past or current under the Freedom of Information Act differs from records available to DHS. Form I–821, if you received one from can be found on the SAVE website at Employers may not terminate, USCIS; and www.uscis.gov/save. suspend, delay training, withhold pay, • Any other relevant DHS-issued lower pay, or take any adverse action document that indicates your [FR Doc. 2020–04355 Filed 2–28–20; 8:45 am] against an employee because of the TNC immigration status or authorization to BILLING CODE 9111–97–P while the case is still pending with E- be in the United States, or that may be Verify. A Final Nonconfirmation (FNC) used by DHS to determine whether you case result is received when E-Verify have such status or authorization to DEPARTMENT OF THE INTERIOR cannot verify an employee’s remain in the United States. employment eligibility. An employer Check with the government agency Fish and Wildlife Service may terminate employment based on a regarding which document(s) the agency [FWS–R8–ES–2019–N162; case result of FNC. Work-authorized will accept. Some benefit-granting FRES48010811290 XXX] employees who receive an FNC may call agencies use the USCIS Systematic USCIS for assistance at 888–897–7781 Alien Verification for Entitlements Endangered and Threatened Species; (TTY 877–875–6028). For more (SAVE) program to confirm the current Receipt of Incidental Take Permit information about E-Verify-related immigration status of applicants for Application and Habitat Conservation discrimination or to report an employer public benefits. While SAVE can verify Plan; Availability of Environmental for discrimination in the E-Verify when an alien has TPS, each agency’s Assessment process based on citizenship, procedures govern whether they will AGENCY: Fish and Wildlife Service, immigration status, or national origin, accept an unexpired EAD, I–797, or I– Interior. contact IER’s Worker Hotline at 800– 94. You should: 255–7688 (TTY 800–237–2515). a. Present the agency with a copy of ACTION: Notice of availability; request Additional information about proper the relevant Federal Register notice for comments. nondiscriminatory Form I–9 and E- showing the extension of TPS-related SUMMARY: We, the U.S. Fish and Verify procedures is available on the documentation in addition to your Wildlife Service, have received an IER website at www.justice.gov/ier and recent TPS-related document with your application from the Pacific Gas and on the USCIS and E-Verify websites at alien or I–94 number; Electric Company for a permit to b. Explain that SAVE will be able to www.uscis.gov/i-9-central and www.e- conduct activities with the potential to verify the continuation of your TPS verify.gov. take listed species that is incidental to, using this information; and and not the purpose of, carrying out Note Regarding Federal, State, and c. Ask the agency to initiate a SAVE otherwise lawful activities. With some Local Government Agencies (Such as query with your information and follow exceptions, the Endangered Species Act Departments of Motor Vehicles) through with additional verification prohibits certain activities that may For Federal purposes, TPS steps, if necessary, to get a final SAVE impact listed species unless a Federal beneficiaries presenting an EAD response showing the validity of your permit allows such activity. We invite referenced in this Federal Register TPS. Notice do not need to show any other You can also ask the agency to look comments on this application and the document, such as an I–797C Notice of for SAVE notices or contact SAVE if accompanying Environmental Action, to prove that they qualify for they have any questions about your Assessment, which we will take into this extension. However, while Federal immigration status or auto-extension of consideration before issuing a permit. Government agencies must follow the TPS-related documentation. In most DATES: We will accept comments guidelines laid out by the Federal cases, SAVE provides an automated received or postmarked on or before Government, state and local government electronic response to benefit-granting April 1, 2020. agencies establish their own rules and agencies within seconds, but, ADDRESSES: Obtaining Documents: The guidelines when granting certain occasionally, verification can be documents this notice announces, as

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well as any comments and other authorize take of listed fish and wildlife and pipeline safety enhancement materials that we receive, will be species that is incidental to, and not the program activities related to PG&E’s available for public inspection on the purpose of, carrying out an otherwise natural gas and electric transmission U.S. Fish and Wildlife Service’s lawful activity. Regulations governing and distribution systems that may result Sacramento Field Office website at permits for listed wildlife species are set in take of covered species and that are http://www.fws.gov/sacramento. They forth in 50 CFR parts 17.22 and 17.32. located in the draft HCP area. O&M may also be viewed in person by NEPA requires Federal agencies to activities occur throughout PG&E’s appointment at the Sacramento Fish and analyze their proposed actions to existing network of facilities and would Wildlife Office during regular business determine whether the actions may occur at or near the existing facilities. hours by contacting the individuals in significantly affect the human Minor new construction activities FOR FURTHER INFORMATION CONTACT. environment. In these NEPA analyses, include installing new or replacement Submitting Comments: Please submit the Federal agency will identify direct, structures to upgrade facilities or to comments by one of the following indirect, and cumulative effects, as well extend service to new customers. Minor methods: as possible mitigation for effects on new construction, when in natural • Fax: (916) 414–6713. environmental resources that could vegetation or agricultural land-cover • U.S. mail or hand-delivery: Eric occur with implementation of the types that contain suitable habitat for Tattersall, Assistant Field Supervisor; proposed action and alternatives. covered species, is limited to approximately 2 miles or fewer of new U.S. Fish and Wildlife Service; Proposed Action Sacramento Fish and Wildlife Office; electric or gas line extensions from an 2800 Cottage Way, W–2605; The Service would issue an ITP to existing line, a total of 1.0 ac or less of Sacramento, CA 95825 PG&E for a period of 30 years for certain new gas pressure limiting stations We request that you submit comments covered activities (described below) in within the study area, and 3 ac or less by only the methods described above. 34 counties in California. Annual per electric substation expansion. The species effects as a result of PG&E’s FOR FURTHER INFORMATION CONTACT: size of a minor new construction project activities are estimated to be Joshua Emery, Senior Biologist, would be estimated as the total approximately 100 acres (ac) of Conservation Planning Division; or Eric footprint, expressed in ac. Additionally, permanent habitat loss and 465 ac of Tattersall, Assistant Field Supervisor, at PG&E’s community pipeline safety temporary habitat disturbance. PG&E the Sacramento Fish and Wildlife Office initiative involves upgrading key has requested inclusion of 36 species for address above or by telephone at (916) existing gas transmission pipelines coverage (covered species)—24 animals 414–6600. If you use a located in heavily populated and other and 12 plants, 35 of which are currently telecommunications device for the deaf, critical areas. Covered activities include listed as threatened or endangered hard-of-hearing, or speech disabled, inspection, field testing, and potentially under the Act, with one non-listed replacing many pipeline segments to please call the Federal Relay Service at species also proposed for inclusion in ensure reliable and safe delivery of gas 800–877–8339. the HCP. Of these covered species, the to customers. Pipeline replacements are SUPPLEMENTARY INFORMATION: We, the Service would, through issuance of the estimated to average between 4 miles U.S. Fish and Wildlife Service (Service), ITP, authorize incidental take of the 24 and 8 miles and are primarily in urban have received an application for an animal species proposed for coverage. areas, although there would also be incidental take permit (ITP) under the replacement activities in areas of natural Draft HCP Area Endangered Species Act of 1973, as vegetation. In such areas, pipeline amended (ESA; 16 U.S.C. 1531 et seq.). The geographic scope of the draft HCP replacement projects will take place in The application addresses the potential includes Amador, Butte, Calaveras, areas that have been previously for take of listed species that is likely to Colusa, El Dorado, Fresno, Glenn, disturbed by the construction of the occur incidental to the otherwise lawful Humboldt, Kern, Lake, Lassen, Madera, original pipeline. activities as described in the applicant’s Mariposa, Mendocino, Modoc, The draft HCP area consists of PG&E’s habitat conservation plan, titled the Monterey, Nevada, Placer, Plumas, gas and electric transmission and Draft Pacific Gas and Electric Company Sacramento, San Benito, San Luis distribution facilities, rights-of-way, Multiple Region Operation and Obispo, Santa Barbara, Santa Cruz, buffer lands, areas owned by PG&E and/ Maintenance Habitat Conservation Plan Shasta, Sierra, Siskiyou, Sutter, Tehama, or subject to PG&E easements, access (draft HCP). Trinity, Tulare, Tuolumne, Yolo and routes, and those areas acquired as This notice also advises the public Yuba counties. The geographic scope of mitigation to offset the impacts resulting that we have prepared a draft the draft HCP also includes, for from covered activities. The total draft environmental assessment (draft EA) mitigation purposes, an area known as HCP area is approximately 564,781 ac; under the National Environmental the integrated plan area, which of this area, 303,287 ac (53.7 percent) Policy Act of 1969, as amended (NEPA; encompasses the geographic boundaries are in natural land-cover types, 144,274 42 U.S.C. 4321 et seq.), and its of the applicant’s two existing HCPs in ac (25.5 percent) are in urban land-cover implementing regulations in the Code of the San Joaquin Valley and California types, and 117,682 ac (20.8 percent) are Federal Regulations (CFR) at 40 CFR Bay Area. in agricultural land-cover types. 1506.6. The proposed section 10 ITP may Covered Activities allow take of the following covered Background The proposed section 10 ITP may wildlife species in California during the Section 9 of the ESA prohibits take of allow take of wildlife covered species course of patrols and inspections, power fish and wildlife species listed as resulting from covered activities in the pole replacements, reconductoring gas endangered (16 U.S.C. 1538). By proposed HCP plan area. PG&E is pipeline segment replacement, gas valve regulation, this take prohibition also requesting incidental take authorization station replacement, and trimming of applies to certain species listed as for covered species that could be vegetation near power lines. Proposed threatened. (50 CFR 17.31(a)). Under affected by activities identified in the incidental take (measured as habitat section 10(a)(1)(B) of the ESA (16 U.S.C. draft HCP. The draft HCP covers all loss) for wildlife species over the permit 1539(a)(1)(B)), we may issue permits to PG&E O&M, minor new construction, term is shown in the table below.

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Species Proposed for incidental take (measured as habitat loss) over permit term

Animal Species

Blunt-nosed leopard lizard (Gambelia sila) ...... 70.94 ac, (13.28-ac permanent loss; 57.56-ac temporary disturbance). California tiger salamander Central California distinct Breeding habitat: 35.04 ac, (5.91-ac permanent loss; 29.13-ac temporary disturbance). population segment (DPS) (Ambystoma Upland habitat: 1,394.51 ac, (248.81-ac permanent loss; 1,148.71-ac temporary disturbance). californiense). California tiger salamander Santa Barbara DPS Breeding habitat: 0.16 ac, (0.02-ac permanent loss; 0.14-ac temporary disturbance). (Ambystoma californiense). Upland habitat: 88.78 ac, (11.77-ac permanent loss; 77.01-ac temporary disturbance). California red-legged frog (Rana draytonii) ...... Breeding habitat: 234.00 ac, (48.00-ac permanent loss; 186.00-ac temporary disturbance). Upland habitat: 768.00 ac, (127.50-ac permanent loss; 640.52-ac temporary disturbance). Conservancy fairy shrimp (Branchinecta conservatio) .. 65.42 ac, (7.50-ac permanent loss; 57.92-ac temporary disturbance). Foothill yellow-legged frog (Rana boylii) ...... Breeding habitat: 11.57 ac, (1.69-ac permanent loss; 9.88-ac temporary disturbance). Dispersal habitat: 139.00 ac, (20.23-ac permanent loss; 118.76-ac temporary disturbance). Giant garter snake (Thamnophis gigas) ...... Aquatic habitat: 102.75 ac, (12.75-ac permanent loss; 90.00-ac temporary disturbance). Upland habitat: 338.01 ac, (38.01-ac permanent loss; 300.00-ac temporary disturbance). Giant kangaroo rat (Dipodomys ingens) ...... 180.00 ac, (30.00-ac permanent loss; 150.00-ac temporary disturbance). Longhorn fairy shrimp (Branchinecta longiantenna) ..... 24.39 ac, (3.32-ac permanent loss; 21.06-ac temporary disturbance). Marbeled murrelet (Brachyramphus marmoratus) ...... 127.50 ac, (45.00-ac permanent loss; 82.50-ac temporary disturbance). Morro shoulderband snail (Helminthoglypta 9.00 ac, (3.00-ac permanent loss; 6.00-ac temporary disturbance). walkeriana). Mount Hermon June beetle (Polyphylla barbata) ...... 30 ac, (7.50-ac permanent loss; 22.50-ac temporary disturbance). Mountain yellow-legged frog (Rana muscosa) ...... 3.60 ac, (0.60-ac permanent loss; 3.00-ac temporary disturbance). Northern spotted owl (Strix occidentalis caurina) ...... 825.00 ac, (165.00-ac permanent loss; 660.00-ac temporary disturbance). Ohlone tiger beetle (Cicindela ohlone) ...... 30.00 ac, (7.50-ac permanent loss; 22.50-ac temporary disturbance). Point Arena mountain beaver (Aplodontia rufa nigra) .. 10.50 ac, (3.00-ac permanent loss; 7.50-ac temporary disturbance). San Joaquin kit fox (Vulpes macrotis mutica) ...... 65.42 ac, (7.50-ac permanent loss; 57.92-ac temporary disturbance). Santa Cruz long-toed salamander (Ambystoma High-value habitat: 105.00 ac, (15.00-ac permanent loss; 90.00-ac temporary disturbance). macrodactylum croceum). Moderate value habitat: 170.55 ac, (29.06-ac permanent loss; 141.49-ac temporary disturbance). Low-value habitat: 1216.86 ac, (213.86-ac permanent loss; 1002.99-ac temporary disturbance). Smith’s blue butterfly (Euphilotes enoptes smithi) ...... 87.94 ac, (15.25-ac permanent loss; 72.69-ac temporary disturbance). Valley elderberry longhorn beetle (Desmocerus 360.60 ac, (78.93-ac permanent loss; 281.67-ac temporary disturbance). californicus dimorphus). Vernal pool fairy shrimp (Branchinecta lynchi) ...... 380.54 ac, (41.97-ac permanent loss; 338.57-ac temporary disturbance). Vernal pool tadpole shrimp (Lepidurus packardi) ...... 380.54 ac, (41.97-ac permanent loss; 338.57-ac temporary disturbance). Yosemite toad (Anaxyrus canorus) ...... 2.50 ac, (0.50-ac permanent loss; 2.00-ac temporary disturbance). Zayante band-winged grasshopper (Trimerotropis 18.75 ac, (3.59-ac permanent loss; 15.15-ac temporary disturbance). infantilis).

Species Proposed for coverage (measured as habitat loss) over permit term

Plant Species

Beach layia (Lavia carnosa) ...... 0.32 ac or 143 plants, whichever total is met first. Ione manzanita (Arctostaphylos myrtifolia) ...... 12.25 ac or 64 plants, whichever total is met first. Kern mallow (Eremalche parryi ssp. kernensis) ...... 10.5 ac or 1,226 plants, whichever total is met first. Layne’s ragwort (Packera layneae) ...... 2.86 ac or 103 plants, whichever total is met first. Monterey gilia (Gilia tenuiflora ssp. arenaria) ...... 6.6 ac or 6,266 plants, whichever total is met first. Monterey spineflower (Chorizanthe pungens var. 46.6 ac or 4,376 plants, whichever total is met first. pungens). Pine Hill ceanothus (Ceanothus roderickii) ...... 3.67 ac or 33 plants, whichever total is met first. Pine Hill flannelbush (Fremontodendron decumbens) .. 1.19 ac or 2 plants, whichever total is met first. Robust spineflower (Chorizanthe robusta var. robusta) 1.3 ac or 3,765 plants, whichever total is met first. San Benito evening-primrose (Camissonia benitensis) 0.37 ac or 1,888 plants, whichever total is met first. Stebbins’ morning-glory (Calystegia stebbinsii) ...... 0.37 ac or 1,888 plants, whichever total is met first. Yadon’s rein orchid (Piperia yadonii) ...... 2.1 ac or 64 plants, whichever total is met first.

Public Availability of Comments Next Steps Authority Before including your address, phone Issuance of an incidental take permit We issue this notice pursuant to number, email address, or other is a Federal proposed action subject to section 10(c) of the ESA (16 U.S.C. 1531 personal identifying information in your compliance with NEPA. We will et seq.) and its implementing comment, you should be aware that evaluate the application, associated regulations (50 CFR 17.22 and 17.32), and the National Environmental Policy your entire comment—including your documents, and any public comments Act (42 U.S.C. 4321 et seq.) and its personal identifying information—may we receive to determine whether the implementing regulations (40 CFR be made publicly available at any time. application meets the requirements of 1506.6 and 43 CFR 46.305). While you can ask us in your comment NEPA regulations and section 10(a) of to withhold your personal identifying the Act. If we determine that those Jennifer Norris, information from public review, we requirements are met, we will issue a Field Supervisor, Sacramento Fish and cannot guarantee that we will be able to permit to the applicant for the Wildlife Office, Sacramento, California. do so. incidental take of the Covered Species. [FR Doc. 2020–04224 Filed 2–28–20; 8:45 am] BILLING CODE 4333–15–P

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DEPARTMENT OF THE INTERIOR • U.S. Mail or Hand-Delivery: Public the public of the proposed action, any Comments Processing, Attn: Docket No. alternatives, and associated impacts, Fish and Wildlife Service FWS–R8–ES–2018–0116; U.S. Fish and and to disclose any irreversible Wildlife Service Headquarters, MS: commitments of resources. [Docket No. FWS–R8–ES–2018–0116; PERMA; 5275 Leesburg Pike; Falls FF08ESMF00–FXES11140800000–189] Proposed Action Alternative Church, VA 22041–3803. Under the Proposed Action Block 12 Development Project, Kern For more information, see Public Alternative, the Service would issue an County, California; Draft Comments under SUPPLEMENTARY ITP to the applicants for a period of 35 Environmental Assessment and Draft INFORMATION. years for certain covered activities Habitat Conservation Plan FOR FURTHER INFORMATION CONTACT: (described below). The applicant has Justin Sloan, Senior Wildlife Biologist, AGENCY: Fish and Wildlife Service, requested an ITP for four covered or Patricia Cole, Chief, San Joaquin species (described below), three of Interior. Valley Division, Sacramento Fish and ACTION: Notice of availability of permit which are listed as endangered under Wildlife Office, by phone at 916–414– the Act. application; request for comment. 6600 or via the Federal Relay Service at 800–877–8339. Habitat Conservation Plan Area SUMMARY: We, the U.S. Fish and Wildlife Service, announce the SUPPLEMENTARY INFORMATION: We, the The geographic scope of the draft HCP availability of a draft environmental U.S. Fish and Wildlife Service (Service), encompasses 503 acres, including the assessment under the National announce the availability of a draft development area and conservation Environmental Policy Act. We also environmental assessment (EA), lands. The project would result in the announce receipt of an application for prepared pursuant to the National expansion of oil production facilities an incidental take permit under the Environmental Policy Act of 1969, as into approximately 55 acres of the HCP Endangered Species Act (ESA), and amended (NEPA; 42 U.S.C. 4321 et area, located within the Belridge receipt of a draft habitat conservation seq.), and its implementing regulations Producing Complex on privately owned plan. Aera Energy, LLC has applied for in the Code of Federal Regulations land in the unincorporated portion of an incidental take permit under the ESA (CFR) at 40 CFR 1506.6. This notice also western Kern County, California. announces the receipt of an application for the Block 12 Development Project in Covered Activities Kern County, California. The permit from Aera Energy, LLC (applicant), for would authorize the take of four species a 35-year incidental take permit (ITP) The proposed section 10 ITP would incidental to the construction, under the Endangered Species Act of allow take of four covered species from operation, and maintenance of the 1973, as amended (ESA; 16 U.S.C. 1531 covered activities in the proposed HCP project. We invite the public and local, et seq.). Application for the permit area. The applicant is requesting State, Tribal, and Federal agencies to requires the preparation of an HCP with incidental take authorization for comment on these applications. Before measures to avoid, minimize, and covered activities including issuing the requested permit, we will mitigate the impacts of incidental take construction, drilling, operations and take into consideration any information to the maximum extent practicable. The maintenance, and plugging and that we receive during the public applicant prepared the draft Block 12 abandonment of oil wells in the project comment period. Development Project Habitat area. The applicant is proposing to Conservation Plan (draft HCP) pursuant implement a number of project design DATES: We must receive your written to section 10(a)(1)(B) of the ESA. The features, including best management comments on or before April 1, 2020. purpose of the EA is to assess the effects practices, as well as general and species- ADDRESSES: Obtaining Documents: of issuing the permit and implementing specific avoidance and minimization • Electronic: The incidental take the draft HCP on the natural and human measures to minimize the impacts of the permit (ITP) application, draft environment. take from the covered activities. environmental assessment (draft EA), draft habitat conservation plan (HCP), Background Information Covered Species and any comments and other materials Section 9 of the ESA (16 U.S.C. 1531– The following four federally listed that we receive are available for public 1544 et seq.) and Federal regulations (50 endangered species are proposed to be inspection at http:// CFR 17) prohibit the taking of fish and included as covered species in the www.regulations.gov in Docket No. wildlife species listed as endangered or proposed HCP: FWS–HQ–IA–201X–0116. threatened under section 4 of the ESA. Blunt-nosed leopard lizard (Gambelia sila) • Hardcopy: Hardcopies of the ITP Regulations governing permits for Giant kangaroo rat (Dipodomys ingens) application, draft EA, and draft HCP are endangered and threatened species are San Joaquin kit fox (Vulpes macrotis mutica) also available for public inspection, by at 50 CFR 17.22 and 17.32. For more Kern mallow (Eremalche kernensis) appointment, during regular business about the Federal habitat conservation The non-listed San Joaquin antelope hours at the Sacramento Fish and plan (HCP) program, go to http:// squirrel (Ammospermophilus nelsoni) is Wildlife Office, 2800 Cottage Way, www.fws.gov/endangered/esa-library/ also proposed to be included as a W–2605, Sacramento, CA 95825; see pdf/hcp.pdf. covered species. FOR FURTHER INFORMATION CONTACT. Submitting Comments: To send National Environmental Policy Act No-Action Alternative written comments, please use one of the Compliance Under the No-Action Alternative, the following methods, and note that your The proposed permit issuance triggers Service would not issue an ITP to the information requests or comments are in the need for compliance with the applicant, and the draft HCP would not reference to the draft EA, draft HCP, or National Environmental Policy Act of be implemented. Under this alternative, both. 1969, as amended (NEPA; 42 U.S.C. the applicant may choose not to expand • Internet: Submit comments at 4321 et seq.). The draft EA was prepared the oil field, or would do so in a manner http://www.regulations.gov under to analyze the impacts of issuing an ITP presumed not to result in the take of Docket No. FWS–R8–ES–2018–0116. based on the draft HCP and to inform ESA listed species.

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Public Comments species, or destroy or adversely modify comments, by one of the following We request data, comments, new critical habitat, we will issue a permit methods. All requests and comments information, or suggestions from the to the applicant for the incidental take should specify the applicant name(s) public, other concerned governmental of the covered species. and application number(s) (e.g., TEXXXXXX): agencies, the scientific community, Authority Tribes, industry, or any other interested • Email: [email protected]. We publish this notice under the party on this notice, the draft EA, and Please refer to the respective application the draft HCP. We particularly seek National Environmental Policy Act of number (e.g., Application No. comments on the following: 1969, as amended (42 U.S.C. 4321–4347 TEXXXXXX) in the subject line of your et seq.), and its implementing 1. Biological information concerning the email message. regulations at 40 CFR 1500–1508, as • species; well as in compliance with section 10(c) U.S. Mail: Regional Director, Attn: 2. Relevant data concerning the species; Nathan Rathbun, U.S. Fish and Wildlife 3. Additional information concerning the of the Endangered Species Act (16 U.S.C. 1531–1544 et seq.) and its Service, Ecological Services, 5600 range, distribution, population size, and American Blvd., West, Suite 990, population trends of the species; implementing regulations at 40 CFR 4. Current or planned activities in the area 17.22. Bloomington, MN 55437–1458. and their possible impacts on the species; FOR FURTHER INFORMATION CONTACT: Jennifer Norris, 5. The presence of archeological sites, Nathan Rathbun, 612–713–5343 buildings and structures, historic events, Field Supervisor, Sacramento Fish and (phone); [email protected] (email). sacred and traditional areas, and other Wildlife Office, U.S. Fish and Wildlife Service, historic preservation concerns, which are Sacramento, California. Individuals who are hearing or speech impaired may call the Federal Relay required to be considered in project planning [FR Doc. 2020–04173 Filed 2–28–20; 8:45 am] by the National Historic Preservation Act; Service at 1–800–877–8339 for TTY BILLING CODE 4333–15–P and assistance. 6. Any other environmental issues that should be considered with regard to the SUPPLEMENTARY INFORMATION: proposed development and permit action. DEPARTMENT OF THE INTERIOR Background Public Availability of Comments Fish and Wildlife Service The Endangered Species Act of 1973, Before including your address, phone [FWS–R3–ES–2020–N022; as amended (ESA; 16 U.S.C. 1531 et number, or other personal identifying FXES11130300000–201–FF03E00000] seq.), prohibits certain activities with information in your comment, you endangered and threatened species Endangered and Threatened Species; should be aware that your entire unless authorized by a Federal permit. Receipt of Recovery Permit comment—including your personal The ESA and our implementing Applications identifying information—might be made regulations in part 17 of title 50 of the publicly available at any time. While AGENCY: Fish and Wildlife Service, Code of Federal Regulations (CFR) you can ask us in your comment to Interior. provide for the issuance of such permits withhold your personal identifying and require that we invite public information from public review, we ACTION: Notice of receipt of permit applications; request for comments. comment before issuing permits for cannot guarantee that we will be able to activities involving endangered species. do so. SUMMARY: We, the U.S. Fish and A recovery permit issued by us under Next Steps Wildlife Service, have received section 10(a)(1)(A) of the ESA applications for permits to conduct Issuance of an incidental take permit authorizes the permittee to conduct activities intended to enhance the is a Federal proposed action subject to activities with endangered species for propagation or survival of endangered compliance with NEPA and section 7 of scientific purposes that promote or threatened species under the the ESA. We will evaluate the recovery or for enhancement of Endangered Species Act. We invite the application, associated documents, and propagation or survival of the species. public and local, State, Tribal, and any public comments we receive as part Our regulations implementing section of our NEPA compliance process to Federal agencies to comment on these 10(a)(1)(A) for these permits are found determine whether the application applications. Before issuing any of the at 50 CFR 17.22 for endangered wildlife meets the requirements of section 10(a) requested permits, we will take into species, 50 CFR 17.32 for threatened of the Act. If we determine that those consideration any information that we wildlife species, 50 CFR 17.62 for requirements are met, we will conduct receive during the public comment endangered plant species, and 50 CFR an intra-Service consultation under period. 17.72 for threatened plant species. DATES: We must receive your written section 7 of the ESA for the Federal Permit Applications Available for comments on or before April 1, 2020. action for the potential issuance of an Review and Comment ITP. If the intra-Service consultation ADDRESSES: Document availability and confirms that issuance of the ITP will comment submission: Submit requests We invite local, State, and Federal not jeopardize the continued existence for copies of the applications and agencies; Tribes; and the public to of any endangered or threatened related documents, as well as any comment on the following applications.

Application Permit No. Applicant Species Location Activity Type of take action

TE65584D ... Ian S. Pearse, Rusty patched bumble bee IL, IN, IA, MI, MN, OH, VA, WI Conduct presence/absence Capture; handle; New. Fort Collins, CO. (Bombus affinis). surveys, document habitat temporarily hold; use, conduct population tag; collect fecal monitoring, evaluate im- and tarsal sam- pacts. ples; release.

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Application Permit No. Applicant Species Location Activity Type of take action

TE60813D ... Nichole Lally, Bay Gray bat (Myotis grisescens), AL, AR, CT, DE, GA, IL, IN, Conduct presence/absence Capture, handle, New. City, MI. Indiana bat (M. sodalis), IA, KS, KY, LA, ME, MD, surveys, document habitat mist-net, band, northern long-eared bat (M. MA, MI, MN, MS, MO, MT, use, conduct population radio-tag, release. septentrionalis), Ozark big- NE, NH, NJ, NY, NC, ND, monitoring, evaluate im- eared bat (Corynorhinus OH, OK, PA, RI, SC, SD, pacts. towsendii ingens), Virginia TN, VT, VA, WV, WI, WY. big-eared bat (C.t. virginianus). TE62048D ... Carly Kalina, Des Gray bat (Myotis grisescens), AL, AR, CT, DE, GA, IL, IN, Conduct presence/absence Capture, handle, New. Moines, IA. Indiana bat (M. sodalis), IA, KY, MD, MA, MI, MS, surveys, document habitat mist-net, band, northern long-eared bat (M. MO, NH, NJ, NY, NC, OH, use, conduct population radio-tag, collect septentrionalis. OK, PA, SC, TN, VT, VA, monitoring, evaluate im- guano samples, re- WV. pacts. lease. TE65859D ... Benjamin Gray bat (Myotis grisescens), AL, AR, CT, DE, FL, GA, IL, Conduct presence/absence Capture, handle, New. Schuplin, North Indiana bat (M. sodalis), IN, IA, KS, KY, LA, ME, surveys, document habitat mist-net, harp trap, Royalton, OH. northern long-eared bat (M. MD, MA, MI, MN, MS, MO, use, conduct population band, radio-tag, re- septentrionalis). MT, NE, NH, NJ, NY, NC, monitoring, evaluate im- lease. ND, OH, OK, PA, RI, SC, pacts. SD, TN, VT, VA, WV, WI, WY.

Public Availability of Comments DEPARTMENT OF THE INTERIOR documents by going to the Service’s website at https://www.fws.gov/ Written comments we receive become Fish and Wildlife Service southwest/es/NewMexico/. part of the administrative record [FWS–R2–ES–2020–N033; Alternatively, a limited number of CD– associated with this action. Before FXES11140200000–201–FF02ENEH00] ROM and printed copies of the LEHCP including your address, phone number, are available, by request, from the email address, or other personal Application for an Incidental Take Project Leader, New Mexico Ecological identifying information in your Permit; Low-Effect Habitat Services Field Office, 2105 Osuna Road comment, you should be aware that Conservation Plan for the Four NE, Albuquerque, NM 87113; telephone your entire comment—including your Corners Water Development Project, 505–346–2525; fax 505–346–2543. personal identifying information—may Pueblo of Santa Clara, Rio Arriba Please note that your request is in be made publicly available at any time. County, New Mexico reference to the Pueblo of Santa Clara LEHCP. While you can request in your comment AGENCY: Fish and Wildlife Service, The ITP application is available by that we withhold your personal Interior. identifying information from public mail from the Regional Director, U.S. ACTION: Notice of availability; request Fish and Wildlife Service, P.O. Box review, we cannot guarantee that we for comments. will be able to do so. Moreover, all 1306, Room 6034, Albuquerque, NM submissions from organizations or SUMMARY: We, the U.S. Fish and 87103. Copies of the LEHCP are also businesses, and from individuals Wildlife Service (Service), make available for public inspection and review at the following locations, by identifying themselves as available an application for an appointment and written request only, 8 representatives or officials of incidental take permit (ITP) supported by a low-effect habitat conservation plan a.m. to 4:30 p.m.: organizations or businesses, will be • U.S. Fish and Wildlife Service, 500 made available for public disclosure in (LEHCP) for the Four Corners Water Development Project, Pueblo of Santa Gold Avenue SW, Room 6034, their entirety. Albuquerque, NM 87102. Clara, Rio Arriba County, New Mexico. • Next Steps The Pueblo of Santa Clara has applied U.S. Fish and Wildlife Service, to the Service for an ITP under the 2105 Osuna Rd NE, Albuquerque, NM If we decide to issue permits to any Endangered Species Act of 1973, as 87113. of the applicants listed in this notice, amended. The requested ITP, which Submitting Comments we will publish a notice in the Federal would be in effect for a period of 20 Register. You may submit written comments by years, if granted, would authorize one of the following methods: Authority incidental take of the federally • By email: [email protected]. Please endangered Rio Grande silvery minnow. note that your request is in reference to We publish this notice under section In accordance with National the Pueblo of Santa Clara HCP. 10(c) of the Endangered Species Act of Environmental Policy Act (NEPA) • By hard copy: Project Leader, New 1973, as amended (16 U.S.C. 1531 et requirements, we have determined that Mexico Ecological Services Field Office, seq.). the proposed action qualifies for a 2105 Osuna Rd. NE, Albuquerque, NM categorical exclusion as low effect. We 87113; telephone 505–346–2525; fax Lori Nordstrom, are accepting comments on the permit 505–346–2542. Please note that your Assistant Regional Director, Ecological application, proposed LEHCP, and draft request is in reference to the Pueblo of Services. NEPA screening form. Santa Clara LEHCP. [FR Doc. 2020–04225 Filed 2–28–20; 8:45 am] DATES: Submission of comments: We We request that you submit comments BILLING CODE 4333–15–P will accept comments received or by only the methods described above. postmarked on or before April 1, 2020. Generally, we will post any personal ADDRESSES: Obtaining documents: You information you provide us (see the may obtain copies of the ITP Public Availability of Comments section application, the LEHCP, or other related for more information).

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FOR FURTHER INFORMATION CONTACT: Seth incidental take of the silvery minnow to densities of silvery minnow in the Willey, Acting Project Leader, U.S. Fish the maximum extent practicable permit area to be below those and Wildlife Service, 2105 Osuna Rd pursuant to section 10(a)(1)(B) of the considered self-sustaining. That is, NE, Albuquerque, NM 87113 or (505) ESA. when the May/June runoff flows that 761–4781. As described in the LEHCP, the cross downstream stream gauges are SUPPLEMENTARY INFORMATION: We, the potential incidental take of silvery low. The Pueblo of Santa Clara will U.S. Fish and Wildlife Service (Service), minnow could occur within the Rio suspend the proposed new pumping make available an application for an Grande from Cochiti Dam downstream amount for 1 week in May when the incidental take permit (ITP) supported to the headwaters of Elephant Butte forecasted total May–June runoff by a low-effect habitat conservation plan Reservoir in New Mexico, and could volume of the Rio Grande at Otowi (LEHCP) for the Four Corners Water result from otherwise lawful activities. Bridge Gauge is at or below the Development Project, Pueblo of Santa Background threshold value of approximately Clara, Rio Arriba County, New Mexico. 205,010 acre-feet. The runoff volume The Pueblo of Santa Clara has applied Section 9 of the ESA and our during the months of May and June for to the Service for an ITP under the implementing regulations in the Code of the Rio Grande at Otowi Bridge Gage in Endangered Species Act of 1973, as Federal Regulations (CFR) at 50 CFR New Mexico is estimated in the Basin amended. The requested ITP, which part 17 prohibit the ‘‘take’’ of fish or Data Reports that are released each year would be in effect for a period of 20 wildlife species listed as endangered or in April and May by the U.S. years, if granted, would authorize threatened. Take of listed fish or Department of Agriculture Natural incidental take of the Rio Grande silvery wildlife is defined under the ESA as ‘‘to Resources Conservation Service and minnow (Hybognathus amarus; silvery harass, harm, pursue, hunt, shoot, National Water Climate Center (online minnow), which is listed as an wound, kill, trap, capture, or collect, or at https: https://www.wcc.nrcs.usda.gov/ endangered species under the attempt to engage in any such conduct: basin.html). The cessation of the up to Endangered Species Act of 1973, as (16 U.S.C. 1532(19)). However, under 1 million gallons per day of amended (ESA; 16 U.S.C. 1531 et seq.). limited circumstances, we issue permits groundwater pumping under those The potential incidental take would be to authorize incidental take—i.e., take specified threshold conditions would associated with the pumping of up to 1 that is incidental to, and not the result in an increase of up to 21.5 acre- million gallons per day from four purpose of—the carrying out of an feet of surface water runoff that would existing shallow alluvial wells within otherwise lawful activity. contribute to spring runoff during low- the proposed plan area. This action, Regulations governing incidental take flow years. permits for endangered and threatened when considered alone, has minor Next Steps effects on the silvery minnow. However, wildlife species are at 50 CFR 17.22 and removal of this groundwater may have 17.32, respectively. In addition to We have made a preliminary small impacts on the volume of the meeting other criteria, the take determination that the applicant’s spring runoff that would reach authorized by an incidental take permit LEHCP, including the proposed downstream in low flow years, which, must not jeopardize the existence of mitigation and minimization measures when combined with the cumulative federally listed fish, wildlife, or plants. has (1) minor or negligible effects on federally listed or candidate species and effects of other existing and future water Proposed Action management actions, could affect the their habitats and (2) minor or negligible threshold flows needed for successful The ITP would cover incidental effects on other environmental values or silvery minnow spawning and ‘‘take’’ of the silvery minnow associated resources. We will evaluate the permit recruitment in the permit area. In with the pumping of up to 1 million application, the LEHCP, associated accordance with National gallons per day (mgd) from four existing documents, and comments we receive to Environmental Policy Act (NEPA; 42 shallow alluvial wells within the permit determine whether the permit U.S.C. 4321 et seq.) requirements, we area (the ‘‘covered activities’’). The application meets the requirements of have determined that the proposed proposed action is the issuance of an the ESA, NEPA, and implementing action qualifies for a categorical ITP by the Service for the covered regulations. If we determine that all exclusion as low effect. We are activities in the permit area, pursuant to requirements are met, we will approve accepting comments on the permit section 10(a)(1)(B) of the ESA. the LEHCP and issue the ITP under application, proposed LEHCP, and draft The requested term of the permit is 20 section 10(a)(1)(B) of the ESA to the NEPA screening form supporting using years. To meet the requirements of a Pueblo of Santa Clara for take of silvery a categorical exclusion. section 10(a)(1)(B) ITP, the applicant minnow in accordance with the terms of has developed and proposes to the LEHCP and specific terms and National Environmental Policy Act implement its LEHCP, which describes conditions of the authorizing permit. Requirements the actions to reduce or avoid impacts We will not make our final decision In accordance with the requirements the applicant has agreed to undertake. until after the 30-day comment period of NEPA, we advise the public that: These actions are designed to minimize ends, and we will fully consider all 1. We have determined that the and mitigate for the impacts of the comments we receive during the public proposed permit action qualifies for potential incidental take of the silvery comment period. categorical exclusion as low effect. We minnow, to the maximum extent are accepting comments on the permit practicable, and ensure that incidental Public Availability of Comments application and draft NEPA screening take will not appreciably reduce the All comments we receive become part form supporting use of a categorical likelihood of the survival and recovery of the public record associated with this exclusion; and of this species in the wild. action. Requests for copies of comments 2. The applicant has developed a The applicant proposes to minimize will be handled in accordance with the LEHCP in support of an application for and mitigate impacts to the silvery Freedom of Information Act, NEPA, and an ITP, which describes the measures minnow by modifying pumping Service and Department of the Interior the applicant has volunteered to take to operations when flow condition are policies and procedures. Before minimize and mitigate the effects of likely to result in the estimated including your address, phone number,

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email address, or other personal 20240–0001, telephone: (202) 219–0240, element to be included in a self- identifying information in your fax: (202) 219–4246, or to the bureau- governance funding agreement. While comment, you should be aware that specific points of contact listed below. general legal and policy guidance your entire comment—including your FOR FURTHER INFORMATION CONTACT: Dr. regarding what constitutes an inherently personal identifying information—may Kenneth D. Reinfeld, Office of Self- Federal function exists, the non-BIA be made publicly available at any time. Governance, telephone: (703) 390–6551 bureaus will determine whether a While you can ask us to withhold your or (202) 821–7107. specific function is inherently Federal personal identifying information from SUPPLEMENTARY INFORMATION: on a case-by-case basis considering the public review, we cannot guarantee that totality of circumstances. In those we will be able to do so. All I. Background instances, where the Tribe disagrees submissions from organizations or Title IV of the Act instituted a with the bureau’s determination, the businesses, and from individuals permanent self-governance program at Tribe may request reconsideration from identifying themselves as the Department. Under the self- the Secretary. representatives or officials of governance program, certain programs, Subpart G of the self-governance organizations or businesses, will be services, functions, and activities, or regulations found at 25 CFR part 1000 made available for public disclosure in portions thereof, in Department bureaus provides the process and timelines for their entirety. other than BIA are eligible to be negotiating self-governance funding agreements with non-BIA bureaus. Authority planned, conducted, consolidated, and administered by a self-governance Tribe. Response to Comments We provide this notice under the Under section 405(c) of the Act, the authority of section 10(c) of the ESA and Secretary of the Interior (Secretary) is A special session to discuss in detail its implementing regulations (50 CFR required to publish annually: (1) A list a draft 2020 non-BIA Federal Register 17.22 and 17.32) and NEPA (42 U.S.C. of non-BIA programs, services, Notice was held on April 4, 2019, at the 4371 et seq.) and its implementing functions, and activities, or portions 2019 Tribal Self-Governance Annual regulations (40 CFR 1506.6). thereof, that are eligible for inclusion in Consultation Conference located in the Dated: February 24, 2020. agreements negotiated under the self- Grand Traverse Resort and Spa in Acme, Michigan. Comments were requested to Amy L. Lueders, governance program and (2) be provided by Friday, June 14, 2019. Regional Director, Southwest Region, U.S. programmatic targets for non-BIA Fish and Wildlife Service. bureaus. Changes Made From 2019 to 2020 Two categories of non-BIA programs [FR Doc. 2020–04236 Filed 2–28–20; 8:45 am] No requests for changes were are eligible for self-governance funding BILLING CODE 4333–15–P received. agreements: (1) Under section 403(b)(2) of the Act, II. Funding Agreements Between Self- DEPARTMENT OF THE INTERIOR any non-BIA program, service, function, Governance Tribes and Non-BIA or activity that is administered by the Bureaus of the Department of the Office of the Secretary Department that is ‘‘otherwise available Interior for Fiscal Year 2019 [201A2100DD/AAKC001030/ to Indian tribes or Indians,’’ can be A. Bureau of Land Management (2) A0A501010.999900 253G] administered by a Tribe through a self- Council of Athabascan Tribal governance funding agreement. The Governments List of Programs Eligible for Inclusion Department interprets this provision to Duckwater Shoshone Tribe of the in Funding Agreements Negotiated authorize the inclusion of programs Duckwater Reservation With Self-Governance Tribes by eligible for self-determination contracts B. Bureau of Reclamation (5) Interior Bureaus Other Than the under Title I of the Act. Section Gila River Indian Community of the Bureau of Indian Affairs and Fiscal 403(b)(2) also specifies, ‘‘nothing in this Gila River Indian Reservation Year 2020 Programmatic Targets subsection may be construed to provide Chippewa Cree Indians of the Rocky any tribe with a preference with respect AGENCY: Office of the Secretary, Interior. Boy’s Reservation to the opportunity of the tribe to Hoopa Valley Tribe ACTION: Notice. administer programs, services, Karuk Tribe functions, and activities, or portions SUMMARY: Yurok Tribe of the Yurok Reservation This notice lists programs or thereof, unless such preference is portions of programs that are eligible for C. Office of Natural Resources Revenue otherwise provided for by law.’’ (none) inclusion in self-governance funding (2) Under section 403(c) of the Act, agreements with Indian Tribes and lists D. National Park Service (3) the Secretary may include other Grand Portage Band of Lake Superior Fiscal Year 2020 programmatic targets programs, services, functions, and for each of the non-Bureau of Indian Chippewa Indians activities or portions thereof that are of Sitka Tribe of Alaska Affairs (BIA) bureaus in the Department ‘‘special geographic, historical, or of the Interior (Department), pursuant to Yurok Tribe of the Yurok Reservation cultural significance’’ to a self- E. Fish and Wildlife Service (1) Title IV of the Indian Self-Determination governance Tribe. Council of Athabascan Tribal and Education Assistance Act (Act), as Under section 403(k) of the Act, Governments amended. funding agreements cannot include F. U.S. Geological Survey (none) DATES: These programs are eligible for programs, services, functions, or G. Office of the Special Trustee for inclusion in self-governance funding activities that are inherently Federal or American Indians (1) agreements until September 30, 2020. where the statute establishing the Confederated Salish and Kootenai ADDRESSES: Inquiries or comments existing program does not authorize the Tribes of the Flathead Reservation regarding this notice may be directed to type of participation sought by the H. Appraisal and Valuation Services Ms. Sharee M. Freeman, Director, Office Tribe. However, a Tribe (or Tribes) need Office (29) of Self-Governance (MS 2071–MIB), not be identified in the authorizing 1. The Quapaw Tribe of Indians 1849 C Street NW, Washington, DC statutes in order for a program or 2. Morongo Band of Mission Indians

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3. Muckleshoot Indian Tribe A. Eligible Bureau of Land Management control, fencing, construction and 4. Pueblo of Taos (BLM) Programs management of range improvements, 5. Confederated Tribes of the Umatilla The BLM carries out some of its grazing management experiments, range Indian Reservation activities in the management of public monitoring, and similar activities, may 6. Association of Village Council lands through contracts and cooperative be available in specific States. Presidents agreements. These and other activities, 4. Riparian Management. Activities, 7. Kawerak, Inc. depending upon availability of funds, such as facilities construction, erosion 8. Native Village of Tanana the need for specific services, and the control, rehabilitation, and other similar 9. Tanana Chiefs Conference [includes self-governance Tribe’s demonstration activities, may be available in specific Gwichyaa Gwich’in (aka Fort of a special geographic, cultural, or States. 5. Recreation Management. Activities, Yukon)] historical connection, may also be such as facilities construction and 10. Central Council of Tlingit and available for inclusion in self- maintenance, interpretive design and Haida Indian Tribes governance funding agreements. Once a 11. Cherokee Nation Tribe has made initial contact with the construction, and similar activities may 12. The Choctaw Nation of Oklahoma BLM, more specific information will be be available in specific States. 13. Eastern Shawnee Tribe of 6. Wildlife and Fisheries Habitat provided by the respective BLM State Oklahoma Management. Activities, such as office. 14. The Muscogee (Creek) Nation Some elements of the following construction and maintenance, 15. Wyandotte Nation programs may be eligible for inclusion implementation of statutory, regulatory 16. Oneida Nation in a self-governance funding agreement. and policy or administrative plan-based 17. Confederated Salish and Kootenai This listing is not all-inclusive, but is species protection, interpretive design Tribes of the Flathead Reservation representative of the types of programs and construction, and similar activities 18. Lummi Tribe of the Lummi that may be eligible for Tribal may be available in specific States. Reservation participation through a funding 7. Wild Horse Management. 19. Port Gamble S’Klallam Tribe agreement. Activities, such as wild horse round- 20. Confederated Tribes of Siletz ups, adoption and disposition, Indians of Oregon Tribal Services including operation and maintenance of 21. Hoopa Valley Tribe 1. Minerals Management. Inspection, wild horse facilities, may be available in 22. Redding Rancheria enforcement and production verification specific States. 23. Chippewa Cree Indians of the of Indian coal and sand and gravel For questions regarding self- Rocky Boy’s Reservation operations are already available for governance, contact Bryon Loosle, 24. Absentee-Shawnee Tribe of contracts under Title I of the Act and, Bureau of Land Management (WO–240), Indians of Oklahoma therefore, may be available for inclusion Bureau of Land Management, 1849 C 25. Citizen Potawatomi Nation, in a funding agreement. In addition, in Street NW, Washington, DC 20240, Oklahoma a study conducted pursuant to telephone (202) 912–7240, fax (202) 26. Kaw Nation, Oklahoma Secretarial Order 3377, the Office of the 452–7701. 27. Sac & Fox Nation, Oklahoma Solicitor determined that the following 28. Salt River Pima-Maricopa Indian B. Eligible Bureau of Reclamation functions are available for contracts (Reclamation) Programs Community of the Salt River under Title I of the Act and, therefore, Reservation may be available for inclusion in a The mission of Reclamation is to 29. Shoshone-Paiute Tribes of the funding agreement: inspection and manage, develop, and protect water and Duck Valley Reservation, Nevada enforcement of Indian oil and gas related resources in an environmentally and economically sound manner in the III. Eligible Programs of the Department operations, determining trust land interest of the American public. To this of the Interior non-BIA Bureaus locations; approving Applications for Permits to Drill; securing and enforcing end, most of Reclamation’s activities Below is a listing by bureau of the bonds (for surface of split estate); and involve the construction, operation and types of non-BIA programs, or portions providing mineral assessments and maintenance, and management of water thereof, that may be eligible for self- valuation. resources projects and associated governance funding agreements because 2. Cadastral Survey. Tribal and facilities, as well as research and they are either ‘‘otherwise available to allottee cadastral survey services are development related to its Indians’’ under Title I of the Act and not already available for contracts under responsibilities. Reclamation water precluded by any other law, or may Title I of the Act and, therefore, may be resources projects provide water for have ‘‘special geographic, historical, or available for inclusion in a funding agricultural, municipal and industrial cultural significance’’ to a participating agreement. water supplies; hydroelectric power Tribe. The list represents the most generation; flood control, enhancement current information on programs Other Activities of fish and wildlife habitats; and potentially available to Tribes under a 1. Cultural heritage. Cultural heritage outdoor recreation. self-governance funding agreement. activities, such as research and Components of the following water The Department will also consider for inventory, may be available in specific resource projects listed below may be inclusion in funding agreements other States. eligible for inclusion in a self- programs or activities not listed below, 2. Natural Resources Management. governance annual funding agreement. but which, upon request of a self- Activities such as silvicultural This list was developed with governance Tribe, the Department treatments, timber management, cultural consideration of the proximity of determines to be eligible under either resource management, watershed identified self-governance Tribes to sections 403(b)(2) or 403(c) of the Act. restoration, environmental studies, tree Reclamation projects. Tribes with an interest in such potential planting, thinning, and similar work, 1. Klamath Project, California and agreements are encouraged to begin may be available in specific States. Oregon discussions with the appropriate non- 3. Range Management. Activities, 2. Trinity River Fishery, California BIA bureau. such as revegetation, noxious weed 3. Central Arizona Project, Arizona

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4. Rocky Boy’s/North Central Montana allowance determinations and 8. Hazardous Fuel Reduction Regional Water System, Montana approvals. 9. Housing Construction and 5. Indian Water Rights Settlement 5. Royalty Internship Program. An Rehabilitation Projects, as authorized by Congress orientation and training program for 10. Interpretation Upon the request of a self-governance auditors and accountants from mineral- 11. Janitorial Services Tribe, Reclamation will also consider producing Tribes to acquaint Tribal staff 12. Maintenance 13. Natural Resource Management for inclusion in funding agreements with royalty laws, procedures, and Projects other programs or activities which techniques. This program is 14. Operation of Campgrounds Reclamation determines to be eligible recommended for Tribes that are considering a self-governance funding 15. Range Assessment—Alaska under Section 403(b)(2) or 403(c) of the 16. Reindeer Grazing—Alaska Act. agreement, but have not yet acquired mineral revenue expertise via a 17. Road Repair For questions regarding self- 18. Solid Waste Collection and Disposal governance, contact Mr. Kelly Titensor, FOGRMA section 202 cooperative agreement, as this term is defined in 19. Trail Rehabilitation Policy Analyst, Native American and 20. Watershed Restoration and FOGRMA and implementing regulations International Affairs Office, Bureau of Maintenance at 30 CFR 228.4. Reclamation (96–43000) (MS 7069– 21. Beringia Research For questions regarding self- MIB); 1849 C Street NW, Washington, 22. Elwha River Restoration governance, contact Heidi Badarraco, DC 20240, telephone: (202) 513–0558, 23. Recycling Programs fax: (202) 513–0311. Program Manager—Indian Trust, Outreach & Coordination, Office of Locations of National Park Service Units C. Eligible Office of Natural Resources Natural Resources Revenue, Denver With Close Proximity to Self- Revenue (ONRR) Programs Federal Center, 6th & Kipling, Building Governance Tribes The Office of Natural Resources 67, Mail Stop 641100C, Denver, 1. Aniakchack National Monument & Revenue (ONRR) collects, accounts for, Colorado 80225–0165, telephone: (303) Preserve—Alaska and distributes mineral revenues from 231–3434. 2. Bering Land Bridge National both Federal and Indian mineral leases. D. Eligible National Park Service (NPS) Preserve—Alaska The ONRR also evaluates industry Programs 3. Cape Krusenstern National compliance with laws, regulations, and Monument—Alaska lease terms, and offers mineral-owning NPS administers the National Park 4. Denali National Park & Preserve— Tribes opportunities to become involved System, which is made up of national Alaska in its programs that address the intent parks, monuments, historic sites, 5. Gates of the Arctic National Park & of Tribal self-governance. These battlefields, seashores, lake shores and Preserve—Alaska programs are available to self- recreation areas. NPS maintains the park 6. Glacier Bay National Park and governance Tribes and are a good units, protects the natural and cultural Preserve—Alaska preparation for assuming other technical resources, and conducts a range of 7. Katmai National Park and Preserve— functions. Generally, ONRR program visitor services such as law Alaska functions are available to Tribes because enforcement, park maintenance, and 8. Kenai Fjords National Park—Alaska of the Federal Oil and Gas Royalty interpretation of geology, history, and 9. Klondike Gold Rush National Management Act of 1983 (FOGRMA) at natural and cultural resources. Historical Park—Alaska Some elements of the following 30 U.S.C. 1701. The ONRR promotes 10. Kobuk Valley National Park—Alaska programs may be eligible for inclusion Tribal self-governance and self- 11. Lake Clark National Park and in a self-governance funding agreement. determination over trust lands and Preserve—Alaska This list below was developed resources through the following 12. Noatak National Preserve—Alaska considering the proximity of an program functions that may be available 13. Sitka National Historical Park— identified self-governance Tribe to a to self-governance Tribes: Alaska national park, monument, preserve, or 14. Wrangell-St. Elias National Park and 1. Audit of Tribal Royalty Payments. recreation area and the types of Preserve—Alaska Audit activities for Tribal leases, except programs that have components that 15. Yukon-Charley Rivers National for the issuance of orders, final may be suitable for administering Preserve—Alaska valuation decisions, and other through a self-governance funding 16. Casa Grande Ruins National enforcement activities. (For Tribes agreement. This list is not all-inclusive, Monument—Arizona already participating in ONRR but is representative of the types of 17. Hohokam Pima National cooperative audits, this program is programs which may be eligible for Monument—Arizona offered as an option.) Tribal participation through funding 18. Montezuma Castle National 2. Verification of Tribal Royalty agreements. Monument—Arizona Payments. Financial compliance 19. Organ Pipe Cactus National verification, monitoring activities, and Elements of Programs That May Be Monument—Arizona production verification. Eligible for Inclusion in a Self- 20. Saguaro National Park—Arizona 3. Tribal Royalty Reporting, Governance Funding Agreement 21. Tonto National Monument—Arizona Accounting, and Data Management. 1. Archaeological Surveys 22. Tumacacori National Historical Establishment and management of 2. Comprehensive Management Park—Arizona royalty reporting and accounting Planning 23. Tuzigoot National Monument— systems including document processing, 3. Cultural Resource Management Arizona production reporting, reference data Projects 24. Arkansas Post National Memorial— (lease, payor, agreement) management, 4. Ethnographic Studies Arkansas billing and general ledger. 5. Erosion Control 25. Death Valley National Park— 4. Tribal Royalty Valuation. 6. Fire Protection California Preliminary analysis and 7. Gathering Baseline Subsistence 26. Devils Postpile National recommendations for valuation, and Data—Alaska Monument—California

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27. Joshua Tree National Park— 65. Mount Rainier National Park— surveys for high priority candidate California Washington species. 28. Lassen Volcanic National Park— 66. Olympic National Park— 4. Education Programs. Provide California Washington services in interpretation, outdoor 29. Point Reyes National Seashore— 67. San Juan Islands National Historic classroom instruction, visitor center California Park—Washington operations, and volunteer coordination 30. Redwood National Park—California 68. Whitman Mission National Historic both on and off national Wildlife Refuge 31. Whiskeytown National Recreation Site—Washington lands in a variety of communities, and Area—California For questions regarding self- assist with environmental education 32. Yosemite National Park—California governance, contact Jennifer Talken- and outreach efforts in local villages. 33. Hagerman Fossil Beds National Spaulding, Acting Manager, American 5. Environmental Contaminants Monument—Idaho Indian Liaison Office, National Park Program. Conduct activities associated 34. Effigy Mounds National Service, 1849 C Street NW, Room 7351, with identifying and removing toxic Monument—Iowa Washington, DC 20240, telephone: (202) chemicals, to help prevent harm to fish, _ 35. Fort Scott National Historic Site— 354–2090, or email: Jennifer Talken- wildlife and their habitats. The Kansas [email protected]. activities required for environmental 36. Tallgrass Prairie National Preserve— contaminant management may include, Kansas E. Eligible Fish and Wildlife Service but are not limited to, analysis of 37. Boston Harbor Islands National (Service) Programs pollution data, removal of underground Recreation Area—Massachusetts The mission of the Service is to storage tanks, specific cleanup 38. Cape Cod National Seashore— conserve, protect, and enhance fish, activities, and field data gathering Massachusetts wildlife, and their habitats for the efforts. 39. New Bedford Whaling National continuing benefit of the American 6. Wetland and Habitat Conservation Historical Park—Massachusetts people. Primary responsibilities are for Restoration. Provide services for 40. Isle Royale National Park—Michigan migratory birds, endangered species, construction, planning, and habitat 41. Sleeping Bear Dunes National freshwater and anadromous fisheries, Lakeshore—Michigan and certain marine mammals. The monitoring and activities associated 42. Grand Portage National Service also has a continuing with conservation and restoration of Monument—Minnesota cooperative relationship with a number wetland habitat. 43. Voyageurs National Park— of Indian Tribes throughout the National 7. Fish Hatchery Operations. Conduct Minnesota Wildlife Refuge System and the activities to recover aquatic species 44. Bear Paw Battlefield, Nez Perce Service’s fish hatcheries. Any self- listed under the Endangered Species National Historical Park—Montana governance Tribe may contact a Act, restore native aquatic populations, 45. Glacier National Park—Montana National Wildlife Refuge or National and provide fish to benefit National 46. Great Basin National Park—Nevada Fish Hatchery directly concerning Wildlife Refuges and Tribes. Such 47. Aztec Ruins National Monument— participation in Service programs under activities may include, but are not New Mexico the Tribal Self-Governance Act. This list limited to: Tagging, rearing and feeding 48. Bandelier National Monument— is not all-inclusive, but is representative of fish, disease treatment, and clerical or New Mexico of the types of Service programs that facility maintenance at a fish hatchery. 49. Carlsbad Caverns National Park— may be eligible for Tribal participation 8. National Wildlife Refuge New Mexico Operations and Maintenance. Conduct 50. Chaco Culture National Historic through an annual funding agreement. 1. Subsistence Programs within the activities to assist the National Wildlife Park—New Mexico Refuge System, a national network of 51. Pecos National Historic Park—New State of Alaska. Evaluate and analyze data for annual subsistence regulatory lands and waters for conservation, Mexico management and restoration of fish, 52. White Sands National Monument— cycles and other data trends related to subsistence harvest needs and facilitate wildlife and plant resources and their New Mexico habitats within the United States. 53. Fort Stanwix National Monument— Tribal Consultation to ensure ANILCA Title VII terms are being met, as well as Activities that may be eligible for a self- New York governance funding agreement may 54. Great Smoky Mountains National activities fulfilling the terms of Title VIII of ANILCA. include, but are not limited to: Park—North Carolina/Tennessee Construction, farming, concessions, 55. Cuyahoga Valley National Park— 2. Technical Assistance, Restoration maintenance, biological program efforts, Ohio and Conservation. Conduct planning habitat management, fire management, 56. Hopewell Culture National and implementation of population and implementation of comprehensive Historical Park—Ohio surveys, habitat surveys, restoration of 57. Chickasaw National Recreation sport fish, capture of depredating conservation planning. Area—Oklahoma migratory birds, and habitat restoration Locations of Refuges and Hatcheries 58. Crater Lake National Park—Oregon activities. With Close Proximity to Self- 59. John Day Fossil Beds National 3. Endangered Species Programs. Governance Tribes Monument—Oregon Conduct activities associated with the 60. Alibates Flint Quarries National conservation and recovery of threatened The Service developed the list below Monument—Texas or endangered species protected under based on the proximity of identified 61. Guadalupe Mountains National the Endangered Species Act (ESA) or self-governance Tribes to Service Park—Texas candidate species under the ESA. These facilities that have components that may 62. Lake Meredith National Recreation activities may include, but are not be suitable for administering through a Area—Texas limited to, cooperative conservation self-governance funding agreement. 63. Ebey’s Landing National Recreation programs, development of recovery 1. Alaska National Wildlife Refuges— Area—Washington plans and implementation of recovery Alaska 64. Fort Vancouver National Historic actions for threatened and endangered 2. Alchesay National Fish Hatchery— Site—Washington species, and implementation of status Arizona

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3. Humboldt Bay National Wildlife Drive, Reston, Virginia 20192, telephone H. Eligible Appraisal and Valuation Refuge—California (703) 648–4437 or fax (703) 648–6683. Services Office Programs 4. Kootenai National Wildlife Refuge— G. Eligible Office of the Special Trustee The Appraisal and Valuation Services Idaho for American Indians (OST) Programs Office (AVSO), established on March 19, 5. Agassiz National Wildlife Refuge— 2018 by Secretarial Order No. 3363, Minnesota The Department has responsibility for provides appraisal, valuation, 6. Mille Lacs National Wildlife Refuge— what may be the largest land trust in the evaluation, and consulting expertise to Minnesota world, approximately 56 million acres. Indian beneficiaries, federal clients and 7. Rice Lake National Wildlife Refuge— OST oversees the management of Indian other stakeholders in accordance with Minnesota trust assets, including income generated the highest professional and ethical 8. National Bison Range—Montana from leasing and other commercial standards. AVSO is responsible for all 9. Ninepipe National Wildlife Refuge— activities on Indian trust lands, by real property appraisal and valuation Montana maintaining, investing and disbursing services within the Department of the 10. Pablo National Wildlife Refuge— Indian trust financial assets, and Interior as well as conducting mineral Montana reporting on these transactions. The economic evaluations to the following 11. Sequoyah National Wildlife mission of the OST is to serve Indian bureau clients: Bureau of Indian Affairs, Refuge—Oklahoma communities by fulfilling Indian Bureau of Indian Education, Bureau of 12. Tishomingo National Wildlife fiduciary trust responsibilities. This is Land Management, Bureau of Refute—Oklahoma to be accomplished through the Reclamation, U.S. Fish and Wildlife 13. Bandon Marsh National Wildlife implementation of a Comprehensive Service, and the National Park Service. Refuge—Washington Trust Management Plan (CTM) that is Within AVSO are four land valuation 14. Dungeness National Wildlife designed to improve trust beneficiary divisions; Indian Trust Property Refuge—Washington services, ownership information, Valuation Division, Land Buy-Back 15. Makah National Fish Hatchery— management of trust fund assets, and Program Valuation Division, Division of Washington self-governance activities. Minerals Evaluation and Federal Land Division. 16. Nisqually National Wildlife A Tribe operating under self- Refuge—Washington governance may include the following The MOU between the Tribe/ 17. Quinault National Fish Hatchery— programs, services, functions, and Consortium and AVSO outlines the Washington activities or portions thereof in a roles and responsibilities for the 18. San Juan Islands National Wildlife funding agreement: performance of the AVSO program by Refuge—Washington the Tribe/Consortium. An MOU will be 19. Tamarac National Wildlife Refuge— 1. Beneficiary Processes Program negotiated between the Tribe/ Wisconsin (Individual Indian Money Accounting Consortium and AVSO, which will be For questions regarding self- Technical Functions). binding on both parties and attached governance, contact Scott Aikin, Fish The MOU between the Tribe/ and incorporated into the OSG funding and Wildlife Service, National Native Consortium and OST outlines the roles agreement. American Programs Coordinator, 1211 and responsibilities for the performance If a Tribe/Consortium decides to SE Cardinal Court, Suite 100, of the OST program by the Tribe/ assume the operation of an AVSO Vancouver, Washington 98683, Consortium. If those roles and program, the new funding for telephone (360) 604–2531 or fax (360) responsibilities are already fully performing that program will come from 604–2505. specified in the existing funding AVSO program dollars. A Tribe’s newly- agreement with the OSG, an MOU is not assumed operation of an AVSO program F. Eligible U.S. Geological Survey necessary. To the extent that the parties will be reflected in the Tribe’s OSG (USGS) Programs desire specific program standards, an funding agreement. The mission of the USGS is to collect, MOU will be negotiated between the For questions regarding the analyze, and provide information on Tribe/Consortium and OST, which will assumption of an AVSO program under biology, geology, hydrology, and be binding on both parties and attached self-governance, contact Eldred F. geography that contributes to the wise and incorporated into the OSG funding Lesansee, Associate Deputy Director, management of the Nation’s natural agreement. Appraisal and Valuation Services resources and to the health, safety, and If a Tribe/Consortium decides to Office, 4400 Masthead Street NE, well-being of the American people. This assume the operation of an OST Albuquerque, NM 87109, (505) 816– information is usually publicly available program, the new funding for 1318, fax (505) 816–3129. and includes maps, data bases, and descriptions and analyses of the water, performing that program will come from IV. Programmatic Targets plants, animals, energy, and mineral OST program dollars. A Tribe’s newly- assumed operation of the OST The programmatic target for Fiscal resources, land surface, underlying Year 2020 provides that, upon request of geologic structure, and dynamic program(s) will be reflected in the Tribe’s OSG funding agreement. a self-governance Tribe, each non-BIA processes of the earth. The USGS does bureau will negotiate funding not manage lands or resources. Self- For questions regarding self- agreements for its eligible programs governance Tribes may potentially assist governance, contact Lee Frazier, beyond those already negotiated. the USGS in the data acquisition and Program Analyst, Office of External analysis components of its activities. Affairs, Office of the Special Trustee for Dated: February 25, 2020. For questions regarding self- American Indians (MS 5140—MIB), David L. Bernhardt, governance, contact Monique Fordham, 1849 C Street NW, Washington, DC Secretary, Department of the Interior. Esq., National Tribal Liaison, U.S. 20240–0001, phone: (202) 208–7587, [FR Doc. 2020–04249 Filed 2–28–20; 8:45 am] Geological Survey, 12201 Sunrise Valley fax: (202) 208–7545. BILLING CODE 4337–15–P

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DEPARTMENT OF THE INTERIOR file a written notice of protest within 30 DATES: Instituted March 2, 2020. To be calendar days from the date of this assured of consideration, the deadline Bureau of Land Management publication at the address listed in the for responses is April 1, 2020. [LLCO956000 L14400000.BJ0000 20X] ADDRESSES section of this notice. A Comments on the adequacy of responses statement of reasons for the protest may may be filed with the Commission by Notice of Filing of Plats of Survey, be filed with the notice of protest and May 14, 2020. Colorado must be filed within 30 calendar days FOR FURTHER INFORMATION CONTACT: after the protest is filed. If a protest Mary Messer (202–205–3193), Office of AGENCY: Bureau of Land Management, against the survey is received prior to Investigations, U.S. International Trade Interior. the date of official filing, the filing will Commission, 500 E Street SW, ACTION: Notice of official filing. be stayed pending consideration of the Washington, DC 20436. Hearing- SUMMARY: The plats of survey of the protest. A plat will not be officially filed impaired persons can obtain following described lands are scheduled until the day after all protests have been information on this matter by contacting to be officially filed in the Bureau of dismissed or otherwise resolved. the Commission’s TDD terminal on 202– Land Management (BLM), Colorado Before including your address, phone 205–1810. Persons with mobility State Office, Lakewood, Colorado, 30 number, email address, or other impairments who will need special calendar days from the date of this personal identifying information in your assistance in gaining access to the publication. The surveys, which were protest, please be aware that your entire Commission should contact the Office executed at the request of the U.S. protest, including your personal of the Secretary at 202–205–2000. Forest Service and the BLM, are identifying information, may be made General information concerning the necessary for the management of these publicly available at any time. While Commission may also be obtained by lands. you can ask us in your comment to accessing its internet server (https:// DATES: Unless there are protests of this withhold your personal identifying www.usitc.gov). The public record for action, the plats described in this notice information from public review, we this proceeding may be viewed on the will be filed on April 1, 2020. cannot guarantee that we will be able to Commission’s electronic docket (EDIS) do so. ADDRESSES: You may submit written at https://edis.usitc.gov. protests to the BLM Colorado State (Authority: 43 U.S.C. Chap. 3) SUPPLEMENTARY INFORMATION: Office, Cadastral Survey, 2850 Background.—On December 8, 1978, Youngfield Street, Lakewood, CO Randy A. Bloom, the Department of the Treasury issued 80215–7210. Chief Cadastral Surveyor. an antidumping finding on imports of FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–04237 Filed 2–28–20; 8:45 am] PC strand from Japan (43 FR 57599). Randy Bloom, Chief Cadastral Surveyor BILLING CODE 4310–JB–P Following first five-year reviews by the for Colorado, (303) 239–3856; rbloom@ Department of Commerce (‘‘Commerce’’) blm.gov. Persons who use a and the Commission, effective February telecommunications device for the deaf 3, 1999, Commerce issued a may call the Federal Relay Service at 1– INTERNATIONAL TRADE continuation of the antidumping finding 800–877–8339 to contact the above COMMISSION on imports of PC strand from Japan (64 individual during normal business FR 40554, July 27, 1999). Following hours. The Service is available 24 hours [Investigation Nos. 701–TA–432 and 731– second five-year reviews by Commerce TA–1024–1028 (Third Review) and AA1921– and the Commission, effective June 25, a day, seven days a week, to leave a 188 (Fifth Review)] message or question with the above 2004, Commerce issued a continuation individual. You will receive a reply Prestressed Concrete Steel Wire of the antidumping finding on imports during normal business hours. Strand From Brazil, India, Japan, of PC strand from Japan (69 FR 35584). SUPPLEMENTARY INFORMATION: The plat, Korea, Mexico, and Thailand; On January 28, 2004, Commerce issued in 2 sheets, incorporating the field notes Institution of Five-Year Reviews antidumping duty orders on imports of of the dependent resurvey and PC strand from Brazil, India, Korea, subdivision of section 34 in Township AGENCY: United States International Mexico, and Thailand (69 FR 4109– 30 South, Range 69 West, Sixth Trade Commission. 4113). On February 4, 2004, Commerce Principal Meridian, Colorado, was ACTION: Notice. issued a countervailing duty order on accepted on December 3, 2019. imports of PC strand from India (69 FR The plat incorporating the field notes SUMMARY: The Commission hereby gives 5319). In 2009, the Commission of the remonumentation of a corner in notice that it has instituted reviews conducted grouped first five-year Township 7 South, Range 91 West, pursuant to the Tariff Act of 1930 (‘‘the reviews of the antidumping duty orders Sixth Principal Meridian, Colorado, was Act’’), as amended, to determine on imports of PC strand from Brazil, accepted on December 19, 2019. whether revocation of the antidumping India, Korea, Mexico, and Thailand; the The plat incorporating the field notes duty orders on prestressed concrete first five-year review of the of the remonumentation of a corner in steel wire strand (‘‘PC strand’’) from countervailing duty order on imports of Township 11 South, Range 72 West, Brazil, India, Korea, Mexico, and PC strand from India; and the third five- Sixth Principal Meridian, Colorado, was Thailand, and the antidumping finding year review of the antidumping finding accepted on December 26, 2019. on PC strand from Japan, as well as on imports of PC strand from Japan The plat, in 2 sheets, incorporating revocation of the countervailing duty (‘‘2009 reviews’’). Following the the field notes of the dependent order on PC strand from India, would be Commission’s 2009 reviews, Commerce resurvey in Township 51 North, Range likely to lead to continuation or issued a continuation of the 9 East, New Mexico Principal Meridian, recurrence of material injury. Pursuant antidumping duty orders on imports of Colorado, was accepted on January 27, to the Act, interested parties are PC strand from Brazil, India, Korea, 2020. requested to respond to this notice by Mexico, and Thailand; the A person or party who wishes to submitting the information specified countervailing duty order on imports of protest any of the above surveys must below to the Commission. PC strand from India; and the

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antidumping finding on imports of PC the Commission found that the determinations and its grouped strand from Japan, effective December appropriate definition of the Domestic expedited 2015 review determinations, 11, 2009 (74 FR 65739). Following the Like Product was the same as the Commission defined the Domestic Commission’s grouped second five-year Commerce’s scope: All steel wire strand, Industry to include all producers of the reviews of the antidumping duty orders other than alloy steel, not galvanized, Domestic Like Product. on imports of PC strand from Brazil, which has been stress-relieved and is (5) An Importer is any person or firm India, Korea, Mexico, and Thailand; the suitable for use in prestressed concrete. engaged, either directly or through a second five-year review of the (The Commission did not explicitly parent company or subsidiary, in countervailing duty order on imports of make a like product determination in its importing the Subject Merchandise into PC strand from India; and the fourth original determination concerning the United States from a foreign five-year review of the antidumping Japan.) In its original determinations manufacturer or through its selling finding on imports of PC strand from concerning Brazil, India, Korea, Mexico, agent. Japan (‘‘2015 reviews’’), Commerce and Thailand, the Commission found Participation in the proceeding and issued a continuation of the the Domestic Like Product to be all PC public service list.—Persons, including antidumping duty orders on imports of strand co-extensive with Commerce’s industrial users of the Subject PC strand from Brazil, India, Korea, scope, that is, steel strand produced Merchandise and, if the merchandise is Mexico, and Thailand; the from wire of non-stainless, non- sold at the retail level, representative countervailing duty order on imports of galvanized steel that is suitable for use consumer organizations, wishing to PC strand from India; and the in prestressed concrete (both pre- participate in the proceeding as parties antidumping finding on imports of PC tensioned and post-tensioned) must file an entry of appearance with strand from Japan, effective April 23, applications and that encompasses the Secretary to the Commission, as 2015 (80 FR 22708). The Commission is covered and uncovered strand and all provided in section 201.11(b)(4) of the now conducting grouped third five-year types, grades, and diameters of Commission’s rules, no later than 21 reviews of the antidumping duty orders prestressed concrete steel wire strand. days after publication of this notice in on imports of PC strand from Brazil, In its grouped full 2009 review the Federal Register. The Secretary will India, Korea, Mexico, and Thailand; the determinations and its grouped maintain a public service list containing third five-year review of the expedited 2015 review determinations, the names and addresses of all persons, countervailing duty order on imports of the Commission defined the Domestic or their representatives, who are parties PC strand from India; and the fifth five- Like Product consistent with its prior to the proceeding. Former Commission employees who year review of the antidumping finding determinations, that is, steel strand are seeking to appear in Commission on imports of PC strand from Japan produced from wire of non-stainless, five-year reviews are advised that they pursuant to section 751(c) of the Act, as non-galvanized steel that is suitable for may appear in a review even if they amended (19 U.S.C. 1675(c)), to use in prestressed concrete (both pre- participated personally and determine whether revocation would be tensioned and post-tensioned) likely to lead to continuation or substantially in the corresponding applications and that encompasses underlying original investigation or an recurrence of material injury to the covered and uncovered strand and all domestic industry within a reasonably earlier review of the same underlying types, grades, and diameters of investigation. The Commission’s foreseeable time. Provisions concerning prestressed concrete steel wire strand. the conduct of this proceeding may be designated agency ethics official has The Commission recognized that the advised that a five-year review is not the found in the Commission’s Rules of description of the scope of the finding Practice and Procedure at 19 CFR part same particular matter as the underlying concerning Japan and the scope of the original investigation, and a five-year 201, subparts A and B, and 19 CFR part orders concerning Brazil, India, Korea, 207, subparts A and F. The Commission review is not the same particular matter Mexico, and Thailand differed in a as an earlier review of the same will assess the adequacy of interested number of technical respects but found party responses to this notice of underlying investigation for purposes of that those differences lacked 18 U.S.C. 207, the post employment institution to determine whether to significance. conduct full or expedited reviews. The statute for Federal employees, and Commission’s determinations in any (4) The Domestic Industry is the U.S. Commission rule 201.15(b) (19 CFR expedited reviews will be based on the producers as a whole of the Domestic 201.15(b)), 79 FR 3246 (Jan. 17, 2014), facts available, which may include Like Product, or those producers whose 73 FR 24609 (May 5, 2008). information provided in response to this collective output of the Domestic Like Consequently, former employees are not notice. Product constitutes a major proportion required to seek Commission approval Definitions.—The following of the total domestic production of the to appear in a review under Commission definitions apply to these reviews: product. In its original determination rule 19 CFR 201.15, even if the (1) Subject Merchandise is the class or and its expedited first and second corresponding underlying original kind of merchandise that is within the reviews of the antidumping finding investigation or an earlier review of the scope of the five-year reviews, as concerning Japan, the Commission same underlying investigation was defined by Commerce. defined the Domestic Industry as all pending when they were Commission (2) The Subject Countries in these producers of PC strand. Likewise, in its employees. For further ethics advice on reviews are Brazil, India, Japan, Korea, original determinations concerning this matter, contact Charles Smith, Mexico, and Thailand. Brazil, India, Korea, Mexico, and Office of the General Counsel, at 202– (3) The Domestic Like Product is the Thailand, the Commission found the 205–3408. domestically produced product or Domestic Industry to be all producers of Limited disclosure of business products which are like, or in the PC strand. The Commission also proprietary information (BPI) under an absence of like, most similar in determined that plastic coating did not administrative protective order (APO) characteristics and uses with, the constitute sufficient production-related and APO service list.—Pursuant to Subject Merchandise. In its expedited activity to qualify coaters as members of section 207.7(a) of the Commission’s first and second five-year reviews of the the domestic industry producing PC rules, the Secretary will make BPI antidumping finding concerning Japan, strand. In its grouped full 2009 review submitted in this proceeding available

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to authorized applicants under the APO filed by a party to the proceeding must a U.S. importer of the Subject issued in the proceeding, provided that be served on all other parties to the Merchandise, a foreign producer or the application is made no later than 21 proceeding (as identified by either the exporter of the Subject Merchandise, a days after publication of this notice in public or APO service list as U.S. or foreign trade or business the Federal Register. Authorized appropriate), and a certificate of service association (a majority of whose applicants must represent interested must accompany the document (if you members are interested parties under parties, as defined in 19 U.S.C. 1677(9), are not a party to the proceeding you do the statute), or another interested party who are parties to the proceeding. A not need to serve your response). (including an explanation). If you are a separate service list will be maintained No response to this request for union/worker group or trade/business by the Secretary for those parties information is required if a currently association, identify the firms in which authorized to receive BPI under the valid Office of Management and Budget your workers are employed or which are APO. (‘‘OMB’’) number is not displayed; the members of your association. Certification.—Pursuant to section OMB number is 3117 0016/USITC No. (3) A statement indicating whether 207.3 of the Commission’s rules, any 20–5–458, expiration date June 30, your firm/entity is willing to participate person submitting information to the 2020. Public reporting burden for the in this proceeding by providing Commission in connection with this request is estimated to average 15 hours information requested by the proceeding must certify that the per response. Please send comments Commission. information is accurate and complete to regarding the accuracy of this burden (4) A statement of the likely effects of the best of the submitter’s knowledge. In estimate to the Office of Investigations, the revocation of the finding/orders on making the certification, the submitter U.S. International Trade Commission, the Domestic Industry in general and/or will acknowledge that information 500 E Street SW, Washington, DC your firm/entity specifically. In your submitted in response to this request for 20436. response, please discuss the various information and throughout this Inability to provide requested factors specified in section 752(a) of the proceeding or other proceeding may be information.—Pursuant to section Act (19 U.S.C. 1675a(a)) including the disclosed to and used: (i) By the 207.61(c) of the Commission’s rules, any likely volume of subject imports, likely Commission, its employees and Offices, interested party that cannot furnish the price effects of subject imports, and information requested by this notice in and contract personnel (a) for likely impact of imports of Subject the requested form and manner shall developing or maintaining the records Merchandise on the Domestic Industry. notify the Commission at the earliest of this or a related proceeding, or (b) in (5) A list of all known and currently possible time, provide a full explanation internal investigations, audits, reviews, operating U.S. producers of the and evaluations relating to the of why it cannot provide the requested Domestic Like Product. Identify any programs, personnel, and operations of information, and indicate alternative known related parties and the nature of the Commission including under 5 forms in which it can provide the relationship as defined in section U.S.C. Appendix 3; or (ii) by U.S. equivalent information. If an interested 771(4)(B) of the Act (19 U.S.C. government employees and contract party does not provide this notification 1677(4)(B)). personnel, solely for cybersecurity (or the Commission finds the (6) A list of all known and currently purposes. All contract personnel will explanation provided in the notification sign appropriate nondisclosure inadequate) and fails to provide a operating U.S. importers of the Subject agreements. complete response to this notice, the Merchandise and producers of the Written submissions.—Pursuant to Commission may take an adverse Subject Merchandise in each Subject section 207.61 of the Commission’s inference against the party pursuant to Country that currently export or have rules, each interested party response to section 776(b) of the Act (19 U.S.C. exported Subject Merchandise to the this notice must provide the information 1677e(b)) in making its determinations United States or other countries after specified below. The deadline for filing in the reviews. 2013. such responses is April 1, 2020. Information To Be Provided in (7) A list of 3–5 leading purchasers in Pursuant to section 207.62(b) of the Response to This Notice of Institution: If the U.S. market for the Domestic Like Commission’s rules, eligible parties (as you are a domestic producer, union/ Product and the Subject Merchandise specified in Commission rule worker group, or trade/business (including street address, World Wide 207.62(b)(1)) may also file comments association; import/export Subject Web address, and the name, telephone concerning the adequacy of responses to Merchandise from more than one number, fax number, and Email address the notice of institution and whether the Subject Country; or produce Subject of a responsible official at each firm). Commission should conduct expedited Merchandise in more than one Subject (8) A list of known sources of or full reviews. The deadline for filing Country, you may file a single response. information on national or regional such comments is May 14, 2020. All If you do so, please ensure that your prices for the Domestic Like Product or written submissions must conform with response to each question includes the the Subject Merchandise in the U.S. or the provisions of section 201.8 of the information requested for each pertinent other markets. Commission’s rules; any submissions Subject Country. As used below, the (9) If you are a U.S. producer of the that contain BPI must also conform with term ‘‘firm’’ includes any related firms. Domestic Like Product, provide the the requirements of sections 201.6, (1) The name and address of your firm following information on your firm’s 207.3, and 207.7 of the Commission’s or entity (including World Wide Web operations on that product during rules. The Commission’s Handbook on address) and name, telephone number, calendar year 2019, except as noted Filing Procedures, available on the fax number, and Email address of the (report quantity data in pounds and Commission’s website at https:// certifying official. value data in U.S. dollars, f.o.b. plant). www.usitc.gov/documents/handbook_ (2) A statement indicating whether If you are a union/worker group or on_filing_procedures.pdf, elaborates your firm/entity is an interested party trade/business association, provide the upon the Commission’s procedures with under 19 U.S.C. 1677(9) and if so, how, information, on an aggregate basis, for respect to filings. Also, in accordance including whether your firm/entity is a the firms in which your workers are with sections 201.16(c) and 207.3 of the U.S. producer of the Domestic Like employed/which are members of your Commission’s rules, each document Product, a U.S. union or worker group, association.

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(a) Production (quantity) and, if (11) If you are a producer, an exporter, Country, and such merchandise from known, an estimate of the percentage of or a trade/business association of other countries. total U.S. production of the Domestic producers or exporters of the Subject (13) (OPTIONAL) A statement of Like Product accounted for by your Merchandise in any Subject Country, whether you agree with the above firm’s(s’) production; provide the following information on definitions of the Domestic Like Product (b) Capacity (quantity) of your firm to your firm’s(s’) operations on that and Domestic Industry; if you disagree produce the Domestic Like Product (that product during calendar year 2019 with either or both of these definitions, is, the level of production that your (report quantity data in pounds and please explain why and provide establishment(s) could reasonably have value data in U.S. dollars, landed and alternative definitions. duty-paid at the U.S. port but not expected to attain during the year, Authority assuming normal operating conditions including antidumping or (using equipment and machinery in countervailing duties). If you are a This proceeding is being conducted place and ready to operate), normal trade/business association, provide the under authority of title VII of the Tariff operating levels (hours per week/weeks information, on an aggregate basis, for Act of 1930; this notice is published per year), time for downtime, the firms which are members of your pursuant to section 207.61 of the maintenance, repair, and cleanup, and a association. Commission’s rules. typical or representative product mix); (a) Production (quantity) and, if By order of the Commission. known, an estimate of the percentage of (c) the quantity and value of U.S. Issued: February 24, 2020. commercial shipments of the Domestic total production of Subject Merchandise in each Subject Country accounted for Lisa Barton, Like Product produced in your U.S. Secretary to the Commission. plant(s); by your firm’s(s’) production; [FR Doc. 2020–04078 Filed 2–28–20; 8:45 am] (d) the quantity and value of U.S. (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in BILLING CODE 7020–02–P internal consumption/company each Subject Country (that is, the level transfers of the Domestic Like Product of production that your establishment(s) produced in your U.S. plant(s); and could reasonably have expected to INTERNATIONAL TRADE (e) the value of (i) net sales, (ii) cost attain during the year, assuming normal COMMISSION of goods sold (COGS), (iii) gross profit, operating conditions (using equipment (iv) selling, general and administrative [Investigation Nos. 701–TA–459 and 731– and machinery in place and ready to TA–1155 (Second Review)] (SG&A) expenses, and (v) operating operate), normal operating levels (hours income of the Domestic Like Product per week/weeks per year), time for Commodity Matchbooks From India; produced in your U.S. plant(s) (include downtime, maintenance, repair, and Institution of Five-Year Reviews both U.S. and export commercial sales, cleanup, and a typical or representative AGENCY: internal consumption, and company product mix); and United States International transfers) for your most recently (c) The quantity and value of your Trade Commission. completed fiscal year (identify the date firm’s(s’) exports to the United States of ACTION: Notice. on which your fiscal year ends). Subject Merchandise and, if known, an SUMMARY: The Commission hereby gives (10) If you are a U.S. importer or a estimate of the percentage of total notice that it has instituted reviews trade/business association of U.S. exports to the United States of Subject pursuant to the Tariff Act of 1930 (‘‘the importers of the Subject Merchandise Merchandise from each Subject Country Act’’), as amended, to determine from any Subject Country, provide the accounted for by your firm’s(s’) exports. following information on your firm’s(s’) (12) Identify significant changes, if whether revocation of the operations on that product during any, in the supply and demand countervailing and the antidumping calendar year 2019 (report quantity data conditions or business cycle for the duty orders on commodity matchbooks in pounds and value data in U.S. Domestic Like Product that have from India would be likely to lead to dollars). If you are a trade/business occurred in the United States or in the continuation or recurrence of material association, provide the information, on market for the Subject Merchandise in injury. Pursuant to the Act, interested an aggregate basis, for the firms which each Subject Country after 2013, and parties are requested to respond to this are members of your association. significant changes, if any, that are notice by submitting the information (a) The quantity and value (landed, likely to occur within a reasonably specified below to the Commission. duty-paid but not including foreseeable time. Supply conditions to DATES: Instituted March 2, 2020. To be antidumping or countervailing duties) consider include technology; assured of consideration, the deadline of U.S. imports and, if known, an production methods; development for responses is April 1, 2020. estimate of the percentage of total U.S. efforts; ability to increase production Comments on the adequacy of responses imports of Subject Merchandise from (including the shift of production may be filed with the Commission by each Subject Country accounted for by facilities used for other products and the May 14, 2020. your firm’s(s’) imports; use, cost, or availability of major inputs FOR FURTHER INFORMATION CONTACT: (b) The quantity and value (f.o.b. U.S. into production); and factors related to Mary Messer (202–205–3193), Office of port, including antidumping and/or the ability to shift supply among Investigations, U.S. International Trade countervailing duties) of U.S. different national markets (including Commission, 500 E Street SW, commercial shipments of Subject barriers to importation in foreign Washington, DC 20436. Hearing- Merchandise imported from each markets or changes in market demand impaired persons can obtain Subject Country; and abroad). Demand conditions to consider information on this matter by contacting (c) The quantity and value (f.o.b. U.S. include end uses and applications; the the Commission’s TDD terminal on 202– port, including antidumping and/or existence and availability of substitute 205–1810. Persons with mobility countervailing duties) of U.S. internal products; and the level of competition impairments who will need special consumption/company transfers of among the Domestic Like Product assistance in gaining access to the Subject Merchandise imported from produced in the United States, Subject Commission should contact the Office each Subject Country. Merchandise produced in each Subject of the Secretary at 202–205–2000.

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General information concerning the of the total domestic production of the rules, the Secretary will make BPI Commission may also be obtained by product. In its original determinations submitted in this proceeding available accessing its internet server (https:// and its expedited first five-year review to authorized applicants under the APO www.usitc.gov). The public record for determinations, the Commission issued in the proceeding, provided that this proceeding may be viewed on the defined the Domestic Industry as all the application is made no later than 21 Commission’s electronic docket (EDIS) U.S. producers of commodity days after publication of this notice in at https://edis.usitc.gov. matchbooks. the Federal Register. Authorized SUPPLEMENTARY INFORMATION: (5) An Importer is any person or firm applicants must represent interested Background.—On December 11, 2009, engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), the Department of Commerce parent company or subsidiary, in who are parties to the proceeding. A (‘‘Commerce’’) issued antidumping and importing the Subject Merchandise into separate service list will be maintained countervailing duty orders on imports of the United States from a foreign by the Secretary for those parties commodity matchbooks from India (74 manufacturer or through its selling authorized to receive BPI under the FR 65737 and 65740). Following the agent. APO. Participation in the proceeding and first five-year reviews by Commerce and Certification.—Pursuant to section public service list.—Persons, including the Commission, effective April 30, 207.3 of the Commission’s rules, any industrial users of the Subject 2015, Commerce issued a continuation person submitting information to the Merchandise and, if the merchandise is of the antidumping and countervailing Commission in connection with this sold at the retail level, representative proceeding must certify that the duty orders on imports of commodity consumer organizations, wishing to information is accurate and complete to matchbooks from India (80 FR 24232– participate in the proceeding as parties the best of the submitter’s knowledge. In 24233). The Commission is now must file an entry of appearance with making the certification, the submitter conducting second reviews pursuant to the Secretary to the Commission, as will acknowledge that information section 751(c) of the Act, as amended provided in section 201.11(b)(4) of the submitted in response to this request for (19 U.S.C. 1675(c)), to determine Commission’s rules, no later than 21 information and throughout this whether revocation of the orders would days after publication of this notice in proceeding or other proceeding may be be likely to lead to continuation or the Federal Register. The Secretary will disclosed to and used: (i) By the recurrence of material injury to the maintain a public service list containing Commission, its employees and Offices, domestic industry within a reasonably the names and addresses of all persons, and contract personnel (a) for foreseeable time. Provisions concerning or their representatives, who are parties developing or maintaining the records the conduct of this proceeding may be to the proceeding. of this or a related proceeding, or (b) in found in the Commission’s Rules of Former Commission employees who internal investigations, audits, reviews, Practice and Procedure at 19 CFR part are seeking to appear in Commission and evaluations relating to the 201, subparts A and B, and 19 CFR part five-year reviews are advised that they programs, personnel, and operations of 207, subparts A and F. The Commission may appear in a review even if they the Commission including under 5 will assess the adequacy of interested participated personally and U.S.C. Appendix 3; or (ii) by U.S. party responses to this notice of substantially in the corresponding government employees and contract institution to determine whether to underlying original investigation or an personnel, solely for cybersecurity conduct a full review or an expedited earlier review of the same underlying purposes. All contract personnel will review. The Commission’s investigation. The Commission’s sign appropriate nondisclosure determination in any expedited review designated agency ethics official has agreements. will be based on the facts available, advised that a five-year review is not the Written submissions.—Pursuant to which may include information same particular matter as the underlying section 207.61 of the Commission’s provided in response to this notice. original investigation, and a five-year rules, each interested party response to Definitions.—The following review is not the same particular matter this notice must provide the information definitions apply to these reviews: as an earlier review of the same specified below. The deadline for filing (1) Subject Merchandise is the class or underlying investigation for purposes of such responses is April 1, 2020. kind of merchandise that is within the 18 U.S.C. 207, the post employment Pursuant to section 207.62(b) of the scope of the five-year reviews, as statute for Federal employees, and Commission’s rules, eligible parties (as defined by Commerce. Commission rule 201.15(b) (19 CFR specified in Commission rule (2) The Subject Country in these 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 207.62(b)(1)) may also file comments reviews is India. 73 FR 24609 (May 5, 2008). concerning the adequacy of responses to (3) The Domestic Like Product is the Consequently, former employees are not the notice of institution and whether the domestically produced product or required to seek Commission approval Commission should conduct expedited products which are like, or in the to appear in a review under Commission or full reviews. The deadline for filing absence of like, most similar in rule 19 CFR 201.15, even if the such comments is May 14, 2020. All characteristics and uses with, the corresponding underlying original written submissions must conform with Subject Merchandise. In its original investigation or an earlier review of the the provisions of section 201.8 of the determinations and its expedited first same underlying investigation was Commission’s rules; any submissions five-year review determinations, the pending when they were Commission that contain BPI must also conform with Commission found a single Domestic employees. For further ethics advice on the requirements of sections 201.6, Like Product comprised of commodity this matter, contact Charles Smith, 207.3, and 207.7 of the Commission’s matchbooks coextensive with Office of the General Counsel, at 202– rules. The Commission’s Handbook on Commerce’s scope. 205–3408. Filing Procedures, available on the (4) The Domestic Industry is the U.S. Limited disclosure of business Commission’s website at https:// producers as a whole of the Domestic proprietary information (BPI) under an www.usitc.gov/documents/handbook_ Like Product, or those producers whose administrative protective order (APO) on_filing_procedures.pdf, elaborates collective output of the Domestic Like and APO service list.—Pursuant to upon the Commission’s procedures with Product constitutes a major proportion section 207.7(a) of the Commission’s respect to filings. Also, in accordance

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with sections 201.16(c) and 207.3 of the union/worker group or trade/business establishment(s) could reasonably have Commission’s rules, each document association, identify the firms in which expected to attain during the year, filed by a party to the proceeding must your workers are employed or which are assuming normal operating conditions be served on all other parties to the members of your association. (using equipment and machinery in proceeding (as identified by either the (3) A statement indicating whether place and ready to operate), normal public or APO service list as your firm/entity is willing to participate operating levels (hours per week/weeks appropriate), and a certificate of service in this proceeding by providing per year), time for downtime, must accompany the document (if you information requested by the maintenance, repair, and cleanup, and a are not a party to the proceeding you do Commission. typical or representative product mix); not need to serve your response). (4) A statement of the likely effects of (c) The quantity and value of U.S. No response to this request for the revocation of the countervailing and commercial shipments of the Domestic information is required if a currently antidumping duty orders on the Like Product produced in your U.S. valid Office of Management and Budget Domestic Industry in general and/or plant(s); (‘‘OMB’’) number is not displayed; the your firm/entity specifically. In your (d) The quantity and value of U.S. OMB number is 3117 0016/USITC No. response, please discuss the various internal consumption/company 20–5–456, expiration date June 30, factors specified in section 752(a) of the transfers of the Domestic Like Product 2020. Public reporting burden for the Act (19 U.S.C. 1675a(a)) including the produced in your U.S. plant(s); and request is estimated to average 15 hours likely volume of subject imports, likely (e) The value of (i) net sales, (ii) cost per response. Please send comments price effects of subject imports, and of goods sold (COGS), (iii) gross profit, regarding the accuracy of this burden likely impact of imports of Subject (iv) selling, general and administrative estimate to the Office of Investigations, Merchandise on the Domestic Industry. (SG&A) expenses, and (v) operating U.S. International Trade Commission, (5) A list of all known and currently income of the Domestic Like Product 500 E Street SW, Washington, DC operating U.S. producers of the produced in your U.S. plant(s) (include 20436. Domestic Like Product. Identify any both U.S. and export commercial sales, Inability to provide requested known related parties and the nature of internal consumption, and company information.—Pursuant to section the relationship as defined in section transfers) for your most recently 207.61(c) of the Commission’s rules, any 771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date interested party that cannot furnish the 1677(4)(B)). on which your fiscal year ends). information requested by this notice in (6) A list of all known and currently (10) If you are a U.S. importer or a the requested form and manner shall operating U.S. importers of the Subject trade/business association of U.S. notify the Commission at the earliest Merchandise and producers of the importers of the Subject Merchandise possible time, provide a full explanation Subject Merchandise in the Subject from the Subject Country, provide the of why it cannot provide the requested Country that currently export or have following information on your firm’s(s’) information, and indicate alternative exported Subject Merchandise to the operations on that product during forms in which it can provide United States or other countries after calendar year 2019 (report quantity data equivalent information. If an interested 2013. in cases of matchbooks and value data party does not provide this notification (7) A list of 3–5 leading purchasers in in U.S. dollars). If you are a trade/ (or the Commission finds the the U.S. market for the Domestic Like business association, provide the explanation provided in the notification Product and the Subject Merchandise information, on an aggregate basis, for inadequate) and fails to provide a (including street address, World Wide the firms which are members of your complete response to this notice, the Web address, and the name, telephone association. Commission may take an adverse number, fax number, and Email address (a) The quantity and value (landed, inference against the party pursuant to of a responsible official at each firm). duty-paid but not including section 776(b) of the Act (19 U.S.C. (8) A list of known sources of antidumping or countervailing duties) 1677e(b)) in making its determinations information on national or regional of U.S. imports and, if known, an in the reviews. prices for the Domestic Like Product or estimate of the percentage of total U.S. Information To Be Provided in the Subject Merchandise in the U.S. or imports of Subject Merchandise from Response to This Notice of Institution: other markets. the Subject Country accounted for by As used below, the term ‘‘firm’’ includes (9) If you are a U.S. producer of the your firm’s(s’) imports; any related firms. Domestic Like Product, provide the (b) The quantity and value (f.o.b. U.S. (1) The name and address of your firm following information on your firm’s port, including antidumping and/or or entity (including World Wide Web operations on that product during countervailing duties) of U.S. address) and name, telephone number, calendar year 2019, except as noted commercial shipments of Subject fax number, and Email address of the (report quantity data in cases of Merchandise imported from the Subject certifying official. matchbooks and value data in U.S. Country; and (2) A statement indicating whether dollars, f.o.b. plant). If you are a union/ (c) The quantity and value (f.o.b. U.S. your firm/entity is an interested party worker group or trade/business port, including antidumping and/or under 19 U.S.C. 1677(9) and if so, how, association, provide the information, on countervailing duties) of U.S. internal including whether your firm/entity is a an aggregate basis, for the firms in consumption/company transfers of U.S. producer of the Domestic Like which your workers are employed/ Subject Merchandise imported from the Product, a U.S. union or worker group, which are members of your association. Subject Country. a U.S. importer of the Subject (a) Production (quantity) and, if (11) If you are a producer, an exporter, Merchandise, a foreign producer or known, an estimate of the percentage of or a trade/business association of exporter of the Subject Merchandise, a total U.S. production of the Domestic producers or exporters of the Subject U.S. or foreign trade or business Like Product accounted for by your Merchandise in the Subject Country, association (a majority of whose firm’s production; provide the following information on members are interested parties under (b) Capacity (quantity) of your firm to your firm’s(s’) operations on that the statute), or another interested party produce the Domestic Like Product (that product during calendar year 2019 (including an explanation). If you are a is, the level of production that your (report quantity data in cases of

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matchbooks and value data in U.S. please explain why and provide SUPPLEMENTARY INFORMATION: dollars, landed and duty-paid at the alternative definitions. Background.—On August 6, 2004, the U.S. port but not including antidumping Department of Commerce (‘‘Commerce’’) Authority or countervailing duties). If you are a issued an antidumping duty order on trade/business association, provide the This proceeding is being conducted imports of tetrahydrofurfuryl alcohol information, on an aggregate basis, for under authority of title VII of the Tariff from China (69 FR 47911). Following the firms which are members of your Act of 1930; this notice is published the expedited first five-year reviews by association. pursuant to section 207.61 of the Commerce and the Commission, (a) Production (quantity) and, if Commission’s rules. effective December 16, 2009, Commerce known, an estimate of the percentage of By order of the Commission. issued a continuation of the total production of Subject Merchandise Issued: February 24, 2020. antidumping duty order on imports of tetrahydrofurfuryl alcohol from China in the Subject Country accounted for by Lisa Barton, (74 FR 66616). Following the expedited your firm’s(s’) production; Secretary to the Commission. (b) Capacity (quantity) of your firm(s) second five-year reviews by Commerce [FR Doc. 2020–04076 Filed 2–28–20; 8:45 am] to produce the Subject Merchandise in and the Commission, effective April 16, the Subject Country (that is, the level of BILLING CODE 7020–02–P 2015, Commerce issued a continuation production that your establishment(s) of the antidumping duty order on could reasonably have expected to imports of tetrahydrofurfuryl alcohol INTERNATIONAL TRADE from China (80 FR 20470). The attain during the year, assuming normal COMMISSION operating conditions (using equipment Commission is now conducting a third and machinery in place and ready to [Investigation No. 731–TA–1046 (Third review pursuant to section 751(c) of the operate), normal operating levels (hours Review)] Act, as amended (19 U.S.C. 1675(c)), to per week/weeks per year), time for determine whether revocation of the Tetrahydrofurfuryl Alcohol From downtime, maintenance, repair, and order would be likely to lead to China; Institution of a Five-Year cleanup, and a typical or representative continuation or recurrence of material Review product mix); and injury to the domestic industry within a reasonably foreseeable time. (c) The quantity and value of your AGENCY: United States International Provisions concerning the conduct of firm’s(s’) exports to the United States of Trade Commission. this proceeding may be found in the Subject Merchandise and, if known, an ACTION: Notice. Commission’s Rules of Practice and estimate of the percentage of total Procedure at 19 CFR part 201, subparts exports to the United States of Subject SUMMARY: The Commission hereby gives A and B, and 19 CFR part 207, subparts Merchandise from the Subject Country notice that it has instituted a review A and F. The Commission will assess accounted for by your firm’s(s’) exports. pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine the adequacy of interested party (12) Identify significant changes, if responses to this notice of institution to any, in the supply and demand whether revocation of the antidumping duty order on tetrahydrofurfuryl alcohol determine whether to conduct a full conditions or business cycle for the review or an expedited review. The Domestic Like Product that have from China would be likely to lead to continuation or recurrence of material Commission’s determination in any occurred in the United States or in the expedited review will be based on the market for the Subject Merchandise in injury. Pursuant to the Act, interested parties are requested to respond to this facts available, which may include the Subject Country after 2013, and information provided in response to this significant changes, if any, that are notice by submitting the information specified below to the Commission. notice. likely to occur within a reasonably Definitions.—The following DATES: Instituted March 2, 2020. To be foreseeable time. Supply conditions to definitions apply to this review: consider include technology; assured of consideration, the deadline (1) Subject Merchandise is the class or production methods; development for responses is April 1, 2020. kind of merchandise that is within the efforts; ability to increase production Comments on the adequacy of responses scope of the five-year review, as defined (including the shift of production may be filed with the Commission by by the Department of Commerce. facilities used for other products and the May 14, 2020. (2) The Subject Country in this review use, cost, or availability of major inputs FOR FURTHER INFORMATION CONTACT: is China. into production); and factors related to Mary Messer (202–205–3193), Office of (3) The Domestic Like Product is the the ability to shift supply among Investigations, U.S. International Trade domestically produced product or different national markets (including Commission, 500 E Street SW, products which are like, or in the barriers to importation in foreign Washington, DC 20436. Hearing- absence of like, most similar in markets or changes in market demand impaired persons can obtain characteristics and uses with, the abroad). Demand conditions to consider information on this matter by contacting Subject Merchandise. In its original include end uses and applications; the the Commission’s TDD terminal on 202– determination and its expedited first existence and availability of substitute 205–1810. Persons with mobility and second five-year review products; and the level of competition impairments who will need special determinations, the Commission among the Domestic Like Product assistance in gaining access to the defined a single Domestic Like Product produced in the United States, Subject Commission should contact the Office consisting of all domestically produced Merchandise produced in the Subject of the Secretary at 202–205–2000. tetrahydrofurfuryl alcohol coextensive Country, and such merchandise from General information concerning the with Commerce’s scope. other countries. Commission may also be obtained by (4) The Domestic Industry is the U.S. (13) (OPTIONAL) A statement of accessing its internet server (https:// producers as a whole of the Domestic whether you agree with the above www.usitc.gov). The public record for Like Product, or those producers whose definitions of the Domestic Like Product this proceeding may be viewed on the collective output of the Domestic Like and Domestic Industry; if you disagree Commission’s electronic docket (EDIS) Product constitutes a major proportion with either or both of these definitions, at https://edis.usitc.gov. of the total domestic production of the

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product. In its original determination submitted in this proceeding available and 207.3 of the Commission’s rules, and its expedited first and second five- to authorized applicants under the APO each document filed by a party to the year review determinations, the issued in the proceeding, provided that proceeding must be served on all other Commission defined the Domestic the application is made no later than 21 parties to the proceeding (as identified Industry as all U.S. producers of days after publication of this notice in by either the public or APO service list tetrahydrofurfuryl alcohol. the Federal Register. Authorized as appropriate), and a certificate of (5) An Importer is any person or firm applicants must represent interested service must accompany the document engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), (if you are not a party to the proceeding parent company or subsidiary, in who are parties to the proceeding. A you do not need to serve your response). importing the Subject Merchandise into separate service list will be maintained No response to this request for the United States from a foreign by the Secretary for those parties information is required if a currently manufacturer or through its selling authorized to receive BPI under the valid Office of Management and Budget agent. APO. (‘‘OMB’’) number is not displayed; the Participation in the proceeding and Certification.—Pursuant to section OMB number is 3117 0016/USITC No. public service list.—Persons, including 207.3 of the Commission’s rules, any 20–5–457, expiration date June 30, industrial users of the Subject person submitting information to the 2020. Public reporting burden for the Merchandise and, if the merchandise is Commission in connection with this request is estimated to average 15 hours sold at the retail level, representative proceeding must certify that the per response. Please send comments consumer organizations, wishing to information is accurate and complete to regarding the accuracy of this burden participate in the proceeding as parties the best of the submitter’s knowledge. In estimate to the Office of Investigations, must file an entry of appearance with making the certification, the submitter U.S. International Trade Commission, the Secretary to the Commission, as will acknowledge that information 500 E Street SW, Washington, DC provided in section 201.11(b)(4) of the submitted in response to this request for 20436. Commission’s rules, no later than 21 information and throughout this Inability to provide requested days after publication of this notice in proceeding or other proceeding may be information.—Pursuant to section the Federal Register. The Secretary will disclosed to and used: (i) By the 207.61(c) of the Commission’s rules, any maintain a public service list containing Commission, its employees and Offices, interested party that cannot furnish the the names and addresses of all persons, and contract personnel (a) for information requested by this notice in or their representatives, who are parties developing or maintaining the records the requested form and manner shall to the proceeding. of this or a related proceeding, or (b) in notify the Commission at the earliest Former Commission employees who internal investigations, audits, reviews, possible time, provide a full explanation are seeking to appear in Commission and evaluations relating to the of why it cannot provide the requested five-year reviews are advised that they programs, personnel, and operations of information, and indicate alternative may appear in a review even if they the Commission including under 5 forms in which it can provide participated personally and U.S.C. Appendix 3; or (ii) by U.S. equivalent information. If an interested substantially in the corresponding government employees and contract party does not provide this notification underlying original investigation or an personnel, solely for cybersecurity (or the Commission finds the earlier review of the same underlying purposes. All contract personnel will explanation provided in the notification investigation. The Commission’s sign appropriate nondisclosure inadequate) and fails to provide a designated agency ethics official has agreements. complete response to this notice, the advised that a five-year review is not the Written submissions.—Pursuant to Commission may take an adverse same particular matter as the underlying section 207.61 of the Commission’s inference against the party pursuant to original investigation, and a five-year rules, each interested party response to section 776(b) of the Act (19 U.S.C. review is not the same particular matter this notice must provide the information 1677e(b)) in making its determination in as an earlier review of the same specified below. The deadline for filing the review. underlying investigation for purposes of such responses is April 1, 2020. Information to be provided in 18 U.S.C. 207, the post employment Pursuant to section 207.62(b) of the response to this notice of institution: As statute for Federal employees, and Commission’s rules, eligible parties (as used below, the term ‘‘firm’’ includes Commission rule 201.15(b) (19 CFR specified in Commission rule any related firms. 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 207.62(b)(1)) may also file comments (1) The name and address of your firm 73 FR 24609 (May 5, 2008). concerning the adequacy of responses to or entity (including World Wide Web Consequently, former employees are not the notice of institution and whether the address) and name, telephone number, required to seek Commission approval Commission should conduct an fax number, and Email address of the to appear in a review under Commission expedited or full review. The deadline certifying official. rule 19 CFR 201.15, even if the for filing such comments is May 14, (2) A statement indicating whether corresponding underlying original 2020. All written submissions must your firm/entity is an interested party investigation or an earlier review of the conform with the provisions of section under 19 U.S.C. 1677(9) and if so, how, same underlying investigation was 201.8 of the Commission’s rules; any including whether your firm/entity is a pending when they were Commission submissions that contain BPI must also U.S. producer of the Domestic Like employees. For further ethics advice on conform with the requirements of Product, a U.S. union or worker group, this matter, contact Charles Smith, sections 201.6, 207.3, and 207.7 of the a U.S. importer of the Subject Office of the General Counsel, at 202– Commission’s rules. The Commission’s Merchandise, a foreign producer or 205–3408. Handbook on Filing Procedures, exporter of the Subject Merchandise, a Limited disclosure of business available on the Commission’s website U.S. or foreign trade or business proprietary information (BPI) under an at https://www.usitc.gov/documents/ association (a majority of whose administrative protective order (APO) handbook_on_filing_procedures.pdf, members are interested parties under and APO service list.—Pursuant to elaborates upon the Commission’s the statute), or another interested party section 207.7(a) of the Commission’s procedures with respect to filings. Also, (including an explanation). If you are a rules, the Secretary will make BPI in accordance with sections 201.16(c) union/worker group or trade/business

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association, identify the firms in which expected to attain during the year, the information, on an aggregate basis, your workers are employed or which are assuming normal operating conditions for the firms which are members of your members of your association. (using equipment and machinery in association. (3) A statement indicating whether place and ready to operate), normal (a) Production (quantity) and, if your firm/entity is willing to participate operating levels (hours per week/weeks known, an estimate of the percentage of in this proceeding by providing per year), time for downtime, total production of Subject Merchandise information requested by the maintenance, repair, and cleanup, and a in the Subject Country accounted for by Commission. typical or representative product mix); your firm’s(s’) production; (4) A statement of the likely effects of (c) The quantity and value of U.S. (b) Capacity (quantity) of your firm(s) the revocation of the antidumping duty commercial shipments of the Domestic to produce the Subject Merchandise in order on the Domestic Industry in Like Product produced in your U.S. the Subject Country (that is, the level of general and/or your firm/entity plant(s); production that your establishment(s) specifically. In your response, please (d) The quantity and value of U.S. could reasonably have expected to discuss the various factors specified in internal consumption/company attain during the year, assuming normal section 752(a) of the Act (19 U.S.C. transfers of the Domestic Like Product operating conditions (using equipment 1675a(a)) including the likely volume of produced in your U.S. plant(s); and and machinery in place and ready to subject imports, likely price effects of (e) The value of (i) net sales, (ii) cost operate), normal operating levels (hours subject imports, and likely impact of of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for imports of Subject Merchandise on the (iv) selling, general and administrative downtime, maintenance, repair, and Domestic Industry. (SG&A) expenses, and (v) operating cleanup, and a typical or representative (5) A list of all known and currently income of the Domestic Like Product product mix); and operating U.S. producers of the produced in your U.S. plant(s) (include (c) the quantity and value of your Domestic Like Product. Identify any both U.S. and export commercial sales, firm’s(s’) exports to the United States of known related parties and the nature of internal consumption, and company Subject Merchandise and, if known, an the relationship as defined in section transfers) for your most recently estimate of the percentage of total 771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date exports to the United States of Subject 1677(4)(B)). on which your fiscal year ends). Merchandise from the Subject Country (6) A list of all known and currently (10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. operating U.S. importers of the Subject trade/business association of U.S. (12) Identify significant changes, if Merchandise and producers of the importers of the Subject Merchandise any, in the supply and demand Subject Merchandise in the Subject from the Subject Country, provide the conditions or business cycle for the Country that currently export or have following information on your firm’s(s’) Domestic Like Product that have exported Subject Merchandise to the operations on that product during occurred in the United States or in the United States or other countries after calendar year 2019 (report quantity data market for the Subject Merchandise in 2013. in pounds and value data in U.S. the Subject Country after 2013, and (7) A list of 3–5 leading purchasers in dollars). If you are a trade/business significant changes, if any, that are the U.S. market for the Domestic Like association, provide the information, on likely to occur within a reasonably Product and the Subject Merchandise an aggregate basis, for the firms which foreseeable time. Supply conditions to (including street address, World Wide are members of your association. consider include technology; Web address, and the name, telephone (a) The quantity and value (landed, production methods; development number, fax number, and Email address duty-paid but not including efforts; ability to increase production of a responsible official at each firm). antidumping duties) of U.S. imports (including the shift of production (8) A list of known sources of and, if known, an estimate of the facilities used for other products and the information on national or regional percentage of total U.S. imports of use, cost, or availability of major inputs prices for the Domestic Like Product or Subject Merchandise from the Subject into production); and factors related to the Subject Merchandise in the U.S. or Country accounted for by your firm’s(s’) the ability to shift supply among other markets. imports; different national markets (including (9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. barriers to importation in foreign Domestic Like Product, provide the port, including antidumping duties) of markets or changes in market demand following information on your firm’s U.S. commercial shipments of Subject abroad). Demand conditions to consider operations on that product during Merchandise imported from the Subject include end uses and applications; the calendar year 2019, except as noted Country; and existence and availability of substitute (report quantity data in pounds and (c) the quantity and value (f.o.b. U.S. products; and the level of competition value data in U.S. dollars, f.o.b. plant). port, including antidumping duties) of among the Domestic Like Product If you are a union/worker group or U.S. internal consumption/company produced in the United States, Subject trade/business association, provide the transfers of Subject Merchandise Merchandise produced in the Subject information, on an aggregate basis, for imported from the Subject Country. Country, and such merchandise from the firms in which your workers are (11) If you are a producer, an exporter, other countries. employed/which are members of your or a trade/business association of (13) (OPTIONAL) A statement of association. producers or exporters of the Subject whether you agree with the above (a) Production (quantity) and, if Merchandise in the Subject Country, definitions of the Domestic Like Product known, an estimate of the percentage of provide the following information on and Domestic Industry; if you disagree total U.S. production of the Domestic your firm’s(s’) operations on that with either or both of these definitions, Like Product accounted for by your product during calendar year 2019 please explain why and provide firm’s(s’) production; (report quantity data in pounds and alternative definitions. (b) Capacity (quantity) of your firm to value data in U.S. dollars, landed and produce the Domestic Like Product (that duty-paid at the U.S. port but not Authority is, the level of production that your including antidumping duties). If you This proceeding is being conducted establishment(s) could reasonably have are a trade/business association, provide under authority of title VII of the Tariff

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Act of 1930; this notice is published proposed collection of information, Complaint Form and 20 minutes to pursuant to section 207.61 of the including the validity of the complete the Complaint Form. Commission’s rules. methodology and assumptions used; 6. An estimate of the total public By order of the Commission. —Evaluate whether and if so how the burden (in hours) associated with the collection: Total burden hours are Issued: February 24, 2020. quality, utility, and clarity of the information to be collected can be estimated at 18,000. Lisa Barton, enhanced; and If additional information is required Secretary to the Commission. —Minimize the burden of the collection contact: Melody Braswell, Department [FR Doc. 2020–04077 Filed 2–28–20; 8:45 am] of information on those who are to Clearance Officer, United States BILLING CODE 7020–02–P respond, including through the use of Department of Justice, Justice appropriate automated, electronic, Management Division, Policy and mechanical, or other technological Planning Staff, Two Constitution DEPARTMENT OF JUSTICE collection techniques or other forms Square, 145 N Street NE, 3E.405A, Washington, DC 20530. [OMB Number 1190–New] of information technology, e.g., permitting electronic submission of Dated: February 25, 2020. Agency Information Collection responses. Melody Braswell, Activities; Proposed eCollection Overview of This Information Department Clearance Officer for PRA, U.S. eComments Requested; New Department of Justice. Collection Collection [FR Doc. 2020–04149 Filed 2–28–20; 8:45 am] 1. Type of Information Collection: BILLING CODE 4410–14–P AGENCY: Civil Rights Division, New Collection. Department of Justice. 2. The Title of the Form/Collection: ACTION: 30-Day notice. Reporting Portal for Civil Rights DEPARTMENT OF JUSTICE Violations. SUMMARY: The Department of Justice, 3. The agency for number, if any, and Notice of Proposed Consent Decree Civil Rights Division, is submitting the the applicable component of the Under the Clean Air Act following information collection request Department sponsoring the collection: to the Office of Management and Budget Notice is hereby given that on There is no agency form number for this (OMB) for review and approval in February 21, 2020, a proposed Third collection. The applicable component accordance with the Paperwork Amendment to Consent Decree (‘‘Third within the Department of Justice is the Reduction Act of 1995. Amendment’’) in United States, et al. v. Civil Rights Division. DATES: Comments are encouraged and Superior Refining Company LLC and 4. Affected public who will be asked Valero Refining—Meraux LLC, Civil will be accepted for 30 days until April or required to respond, as well as a brief 1, 2020. Action No. 3:10–cv–00563–bbc, was abstract: This form will be made lodged with the United States District FOR FURTHER INFORMATION CONTACT: If available online to be used by Court for the Western District of you have additional comments individual complainants at their Wisconsin. especially on the estimated public discretion and convenience. The use of The underlying Consent Decree was burden or associated response time, the form is voluntary. entered into in 2011 and covered suggestions or need a copy of the The Civil Rights Division of the U.S. petroleum refineries located in Meraux, proposed information collection Department of Justice enforces the Louisiana, and Superior, Wisconsin, instrument with instructions or nation’s federal civil rights statutes. that were at that time owned by Murphy additional information, please contact Members of the public play a critical Oil USA, Inc., and resolved violations of Daniel Yi, Senior Counsel for role in this effort by reporting civil the Clean Air Act that were alleged by Innovation, Civil Rights Division, U.S. rights violations to the Division. To the Environmental Protection Agency, Department of Justice, 950 Pennsylvania facilitate this reporting process, the the State of Wisconsin and the State of Avenue NW, Washington, DC 20009. Division is developing a streamlined Louisiana. The proposed Third Written comments and/or suggestions online Reporting Portal for Civil Rights Amendment pertains solely to the can also be sent to the Office of Violations. This Portal is designed to refinery located in Superior, Wisconsin, Management and Budget, Office of facilitate and enhance individual which is now owned by the Superior Information and Regulatory Affairs, complainant’s reporting opportunities, Refining Company LLC (‘‘Superior Attention Department of Justice Desk save members of the public time in Refining’’). Officer, Washington, DC 20503 or sent reporting violations, and improve how Under the proposed Third _ to OIRA [email protected]. the Division responds to those reports. Amendment, Superior Refining would SUPPLEMENTARY INFORMATION: Written The information the Division plans to be required to implement two comments and suggestions from the collect using the reporting portal will emissions-reduction projects in the public and affected agencies concerning help the Division fulfill its enforcement Superior, Wisconsin, area in order to the proposed collection of information responsibilities under the statutes fully mitigate the harm caused by excess are encouraged. Your comments should outlined above. emissions resulting from a fire and address one or more of the following 5. An estimate of the total number of explosion at the refinery on April 26, four points: respondents and the amount of time 2018. Specifically, Superior Refining —Evaluate whether the proposed estimated for an average respondent to would be required to replace older collection of information is necessary respond: There are an estimated 36,000 wood-burning stoves and other wood- for the proper performance of the respondents for this information burning appliances in the area impacted functions of the Civil Rights Division, collection a year. The respondent by the excess emissions with new wood- including whether the information normally responds 1 time annually. The burning stoves and appliances meeting will have practical utility; total number of yearly responses is current EPA emission standards for —Evaluate the accuracy of the agency’s 36,000. It is estimated that it takes 10 wood stoves, at an estimated cost of estimate of the burden of the minutes to learn about the law and the $290,000.00. Superior Refining would

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also be required to implement a DEPARTMENT OF LABOR supplied by such firm, have increased; mitigation project to install solar OR photovoltaic panels on the campus of Employment and Training (III) imports of articles directly University of Wisconsin—Superior that Administration incorporating one or more component will produce a total capacity of at least parts produced outside the United Notice of Determinations Regarding 440 kilowatts, which is expected to States that are like or directly Eligibility To Apply for Trade competitive with imports of articles reduce both the campus’ power demand Adjustment Assistance and associated emissions from the incorporating one or more component electrical power station serving the In accordance with the Section 223 parts produced by such firm have campus. In addition, Superior Refining (19 U.S.C. 2273) of the Trade Act of increased; would be required to implement several 1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as AND safety-related enhancements to the amended, the Department of Labor (iii) the increase in imports described design, maintenance, and operation of herein presents summaries of in clause (ii) contributed importantly to its alkylation process equipment at the determinations regarding eligibility to such workers’ separation or threat of refinery. apply for trade adjustment assistance separation and to the decline in the under Chapter 2 of the Act (‘‘TAA’’) for sales or production of such firm; OR The publication of this notice opens workers by (TA–W) number issued (B) Shift in Production or Services to a period for public comment on the during the period of January 1, 2020 a Foreign Country Path OR Acquisition Third Amendment. Comments should through January 31, 2020. (This Notice of Articles or Services from a Foreign be addressed to the Assistant Attorney primarily follows the language of the Country Path: General, Environment and Natural Trade Act. In some places however, (i) (I) there has been a shift by such Resources Division, and should refer to changes such as the inclusion of workers’ firm to a foreign country in the United States, et al. v. Superior Refining subheadings, a reorganization of production of articles or the supply of Company LLC and Valero Refining— language, or ‘‘and,’’ ‘‘or,’’ or other words services like or directly competitive Meraux LLC, D.J. Ref. No. 90–5–2–1– are added for clarification.) with articles which are produced or 09186. All comments must be submitted services which are supplied by such Section 222(a)—Workers of a Primary firm; OR no later than thirty (30) days after the Firm publication date of this notice. (II) such workers’ firm has acquired from a foreign country articles or Comments may be submitted either by In order for an affirmative services that are like or directly email or by mail: determination to be made for workers of a primary firm and a certification issued competitive with articles which are To submit regarding eligibility to apply for TAA, produced or services which are comments: Send them to: the group eligibility requirements under supplied by such firm; Section 222(a) of the Act (19 U.S.C. AND By email ...... pubcomment-ees.enrd@ 2272(a)) must be met, as follows: (ii) the shift described in clause (i)(I) usdoj.gov. (1) The first criterion (set forth in or the acquisition of articles or services By mail ...... Assistant Attorney General, Section 222(a)(1) of the Act, 19 U.S.C. described in clause (i)(II) contributed U.S. DOJ—ENRD, P.O. 2272(a)(1)) is that a significant number importantly to such workers’ separation Box 7611, Washington, DC or proportion of the workers in such or threat of separation. 20044–7611. workers’ firm (or ‘‘such firm’’) have become totally or partially separated, or Section 222(b)—Adversely Affected During the public comment period, are threatened to become totally or Secondary Workers the Consent Decree may be examined partially separated; In order for an affirmative and downloaded at this Justice AND (2(A) or 2(B) below) determination to be made for adversely Department website: https:// (2) The second criterion (set forth in affected secondary workers of a firm and www.justice.gov/enrd/consent-decrees. Section 222(a)(2) of the Act, 19 U.S.C. a certification issued regarding We will provide a paper copy of the 2272(a)(2)) may be satisfied by either (A) eligibility to apply for TAA, the group Consent Decree upon written request the Increased Imports Path, or (B) the eligibility requirements of Section and payment of reproduction costs. Shift in Production or Services to a 222(b) of the Act (19 U.S.C. 2272(b)) Please mail your request and payment Foreign Country Path/Acquisition of must be met, as follows: to: Consent Decree Library, U.S. DOJ— Articles or Services from a Foreign (1) a significant number or proportion ENRD, P.O. Box 7611, Washington, DC Country Path, as follows: of the workers in the workers’ firm or 20044–7611. (A) Increased Imports Path: an appropriate subdivision of the firm (i) the sales or production, or both, of have become totally or partially Please enclose a check or money order such firm, have decreased absolutely; separated, or are threatened to become for $11.75 (25 cents per page AND (ii and iii below) totally or partially separated; reproduction cost) payable to the United AND States Treasury. (ii) (I) imports of articles or services like or directly competitive with articles (2) the workers’ firm is a supplier or Susan M. Akers, produced or services supplied by such downstream producer to a firm that Assistant Section Chief, Environmental firm have increased; OR employed a group of workers who Enforcement Section, Environment and (II)(aa) imports of articles like or received a certification of eligibility Natural Resources Division. directly competitive with articles into under Section 222(a) of the Act (19 [FR Doc. 2020–04162 Filed 2–28–20; 8:45 am] which one or more component parts U.S.C. 2272(a)), and such supply or production is related to the article or BILLING CODE 4410–15–P produced by such firm are directly incorporated, have increased; OR service that was the basis for such (II)(bb) imports of articles like or certification (as defined in subsection directly competitive with articles which 222(c)(3) and (4) of the Act (19 U.S.C. are produced directly using the services 2272(c)(3) and (4));

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AND Trade Commission as a member of a (B) notice of an affirmative (3) either— domestic industry in an investigation determination described in (A) the workers’ firm is a supplier and resulting in— subparagraph (B) or (C)of paragraph (1) the component parts it supplied to the (A) an affirmative determination of is published in the Federal Register; serious injury or threat thereof under firm described in paragraph (2) AND accounted for at least 20 percent of the section 202(b)(1) of the Act (19 U.S.C. production or sales of the workers’ firm; 2252(b)(1)); OR (3) the workers have become totally or OR (B) an affirmative determination of partially separated from the workers’ (B) a loss of business by the workers’ market disruption or threat thereof firm within— firm with the firm described in under section 421(b)(1)of the Act (19 (A) the 1-year period described in paragraph (2) contributed importantly to U.S.C. 2436(b)(1)); OR paragraph (2); OR the workers’ separation or threat of (C) an affirmative final determination of material injury or threat thereof under (B) notwithstanding section 223(b) of separation determined under paragraph the Act (19 U.S.C. 2273(b)), the 1-year (1). section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. period preceding the 1-year period Section 222(e)—Firms Identified by the 1671d(b)(1)(A) and 1673d(b)(1)(A)); described in paragraph (2). International Trade Commission AND Affirmative Determinations for Trade In order for an affirmative (2) the petition is filed during the 1- Adjustment Assistance determination to be made for adversely year period beginning on the date on affected workers in firms identified by which— The following certifications have been the International Trade Commission and (A) a summary of the report submitted issued. The date following the company a certification issued regarding to the President by the International name and location of each eligibility to apply for TAA, the group Trade Commission under section determination references the impact eligibility requirements of Section 202(f)(1) of the Trade Act (19 U.S.C. date for all workers of such 222(e) of the Act (19 U.S.C. 2252(f)(1)) with respect to the determination. 2272(e))must be met, by following affirmative determination described in The following certifications have been criteria (1), (2), and (3) as follows: paragraph (1)(A) is published in the issued. The requirements of Section (1) the workers’ firm is publicly Federal Register under section 202(f)(3) 222(a)(2)(A) (Increased Imports Path) of identified by name by the International (19 U.S.C. 2252(f)(3)); OR the Trade Act have been met.

TA–W No. Subject firm Location Impact date

95,276 ...... Siltronic Corporation, Siltronic AG, Express Professionals, Xenium ...... Portland, OR ...... October 10, 2018. 95,283 ...... Bayou Steel BD Holdings, LLC, Express Employment, Cherokee Millwright Harriman, TN ...... October 15, 2018. and Mechanical, etc..

The following certifications have been Services to a Foreign Country Path or a Foreign Country Path) of the Trade Act issued. The requirements of Section Acquisition of Articles or Services from have been met. 222(a)(2)(B) (Shift in Production or

TA–W No. Subject firm Location Impact date

94,440 ...... Wells Fargo Bank NA, Wells Fargo Consumer Banking, Wells Fargo Home West Des Moines, IA .. January 2, 2018. Lending Organization, etc. 94,440A ...... Wells Fargo Bank NA, Wells Fargo Consumer Banking, Wells Fargo Home West Des Moines, IA .. January 2, 2018. Lending Organization, etc. 94,440B ...... Wells Fargo Bank NA, Wells Fargo Consumer Banking, Wells Fargo Home West Des Moines, IA .. January 2, 2018. Lending Organization, etc. 94,440C ...... Wells Fargo Bank NA, Corporate Finance, Enterprise Information Technology West Des Moines, IA .. January 2, 2018. Organization, etc. 94,440D ...... Wells Fargo Bank NA, Corporate Finance, Enterprise Information Technology West Des Moines, IA .. January 2, 2018. Organization, etc. 94,440E ...... Wells Fargo Bank NA, Corporate Finance, Controller Organization, Account- West Des Moines, IA .. January 2, 2018. ing-Controller, etc. 94,440F ...... Wells Fargo Bank NA, Corporate Finance, Controller Organization, Account- Gainesville, FL ...... January 2, 2018. ing-Controller, etc. 94,440G ...... Wells Fargo Bank NA, Corporate Finance, Controller Organization, Account- Phoenix, AZ ...... January 2, 2018. ing-Controller, etc. 94,440H ...... Wells Fargo Bank NA, Corporate Finance, Controller Organization, Account- Charlotte, NC ...... January 2, 2018. ing-Controller, etc. 94,440I ...... Wells Fargo Bank NA, Corporate Finance, Controller Organization, Account- Minneapolis, MN ...... January 2, 2018. ing-Controller, etc. 94,440J ...... Wells Fargo Bank NA, Corporate Finance, Controller Organization, Account- Portland, OR ...... January 2, 2018. ing-Controller, etc. 94,440K ...... Wells Fargo Bank NA, Corporate Finance, Controller Organization, Account- Charlotte, NC ...... January 2, 2018. ing-Controller, etc. 94,440L ...... Wells Fargo Bank NA, Corporate Finance, Controller Organization, Supply West Des Moines, IA .. January 2, 2018. Chain Management, etc. 94,440M ...... Wells Fargo Bank NA, Corporate Finance, Enterprise Information Technology West Des Moines, IA .. January 2, 2018. Organization, etc.

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TA–W No. Subject firm Location Impact date

95,332 ...... Barber Steel Foundry Corporation, Wabtec Corporation, Workbox Staffing Rothbury, MI ...... October 28, 2018. LLC, Fast Track Staffing Inc. 95,358 ...... Unilever United States, Manpower ...... Englewood Cliffs, NJ ... November 6, 2018. 95,358A ...... Unilever United States, Manpower ...... Shelton, CT ...... March 2, 2020. 95,358B ...... Unilever United States, Supply Chain Data Management, Manpower ...... Suffolk, VA ...... November 6, 2018. 95,381 ...... Charles Komar & Sons, Inc ...... Jersey City, NJ ...... November 15, 2018. 95,384 ...... Baptist Healthcare Systems, Inc., Medical Coding Group ...... New Albany, IN ...... November 18, 2018. 95,385 ...... Cenveo Worldwide Limited, Discount Labels, IT Support Division ...... New Albany, IN ...... November 18, 2018. 95,397 ...... Carestream Health, Inc., Information Technology, Datrose, Aerotek, Miller Rochester, NY ...... November 20, 2018. & Associates, etc. 95,408 ...... Regal Beloit America, Inc., Regal Beloit Corporation, Luttrell Staffing Group .... Erwin, TN ...... November 21, 2018. 95,411 ...... Amphenol TCS, Amphenol, Additional Contract Services, Microtech Staffing, Nashua, NH ...... November 22, 2018. Triton Staffing. 95,416 ...... Line Pipe Systems LLC, LPS Inc., Research and Development Division ...... Rancho Cucamonga, November 22, 2018. CA. 95,421 ...... Dun & Bradstreet, Inc. (D & B), Customer Service Department, Dun & Brad- Tucson, AZ ...... November 25, 2018. street Corporation. 95,422 ...... Schneider Electric Systems USA Inc., Schneider Electric SE, Volt Funding Ashburn, VA ...... November 25, 2018. Corporation, Artech Information Systems. 95,469 ...... UnitedHealthcare Services, Inc., UnitedHealth Group, OptumRx, BriovaRx Jeffersonville, IN ...... December 6, 2018. Specialty Pharmacy, etc. 95,480 ...... Panasonic Customer Call Center, Panasonic Corporation of North America, Chesapeake, VA ...... December 13, 2018. Aerotek. 95,494 ...... Overland Products Company, Inc., Premier Staffing, Inc ...... Fremont, NE ...... December 18, 2018. 95,501 ...... Vivint Solar Developer, LLC, Vivint Solar, Inc ...... Lehi, UT ...... December 19, 2018.

Negative Determinations for Worker The investigation revealed that the certified eligible to apply for TAA or Adjustment Assistance criteria under paragraphs (a)(2)(A) downstream producer to a firm whose (increased imports), (a)(2)(B) (shift in workers are certified eligible to apply In the following cases, the production or services to a foreign for TAA), and (e) (International Trade investigation revealed that the eligibility country or acquisition of articles or Commission) of section 222 have not criteria for TAA have not been met for services from a foreign country), (b)(2) been met. the reasons specified. (supplier to a firm whose workers are

TA–W No. Subject firm Location Impact date

95,107 ...... The Waterbury Screw Machine Products Company ...... Waterbury, CT. 95,122 ...... Conduent State & Local Solutions Inc., Conduent Business Services, LLC ...... London, KY. 95,200 ...... Kopin Targeting Corporation, Kopin Corporation, Protingent Staffing ...... Scotts Valley, CA. 95,223 ...... Pattison Sand Company, LLC ...... Clayton, IA. 95,286 ...... Nestle Dreyer’s Ice Cream Company, Direct Store Delivery, Nestle USA, Inc .. North Little Rock, AR. 95,327 ...... Nestle Dreyer’ Ice Cream Company, Direct Store Delivery, Nestle USA, Inc .... Portland, OR. 95,327A ...... Nestle Dreyer’s Ice Cream Company, Direct Store Delivery, Nestle USA, Inc .. Eugene, OR. 95,343 ...... Smithfield Fresh Meats Corporation, Warehouse Facility, Smithfield Foods, Newport News, VA. WH Group, Aerotek, Headway Staffing. 95,425 ...... Nestle Dreyer’s Ice Cream Company, Direct Store Delivery, Nestle USA, Inc .. Bordentown, NJ. 95,426 ...... Nestle Dreyer’s Ice Cream Company, Direct Store Delivery, Nestle USA, Inc .. Keasbey, NJ. 95,435 ...... Nestle Dreyer’s Ice Cream Company, Direct Store Delivery, Nestle USA, Inc .. Tinley Park, IL. 95,436 ...... Nestle Dreyer’s Ice Cream Company, Direct Store Delivery, Nestle USA, Inc .. Glendale Heights, IL. 95,503 ...... The Dress Barn, Inc., Ascena Retail Group, Inc ...... Sioux Falls, SD. 95,503A ...... The Dress Barn, Inc., Ascena Retail Group, Inc ...... Rapid City, SD.

Determinations Terminating on the Department’s website, as The following determinations Investigations of Petitions for Trade required by Section 221 of the Act (19 terminating investigations were issued Adjustment Assistance U.S.C. 2271), the Department initiated because the petitioner has requested After notice of the petitions was investigations of these petitions. that the petition be withdrawn. published in the Federal Register and

TA–W No. Subject firm Location Impact date

95,413 ...... Digital Intelligence Systems, LLC (DISYS) ...... Glenn Allen, VA. 95,413A ...... Digital Intelligence Systems, LLC (DISYS) ...... St. Louis, MO. 95,485 ...... Comcast Cable Communications Xfinity, Security Fusion Center ...... Englewood, CO.

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The following determinations in cases where the petition regarding the terminating investigations were issued investigation has been deemed invalid.

TA–W No. Subject firm Location Impact date

95,372 ...... Ferrara Candy Company ...... Creston, IA.

The following determinations behalf the petition was filed is covered terminating investigations were issued under an existing certification. because the worker group on whose

TA–W No. Subject firm Location Impact date

95,295 ...... Ignite Holdings, LLC ...... Winchester, VA. 95,502 ...... Vivint Solar Developer, LLC, Vivint Solar, Inc ...... Lehi, UT.

I hereby certify that the DEPARTMENT OF LABOR subject matter of the investigations may aforementioned determinations were request a public hearing provided such issued during the period of January 1, Employment and Training request is filed in writing with the 2020 through January 31, 2020. These Administration Administrator, Office of Trade Adjustment Assistance, at the address determinations are available on the Investigations Regarding Eligibility To Department’s website https:// shown below, no later than March 12, Apply for Worker Adjustment 2020. www.doleta.gov/tradeact/petitioners/ Assistance taa_search_form.cfm under the Interested persons are invited to searchable listing determinations or by Petitions have been filed with the submit written comments regarding the calling the Office of Trade Adjustment Secretary of Labor under Section 221(a) subject matter of the investigations to Assistance toll free at 888–365–6822. of the Trade Act of 1974 (‘‘the Act’’) and the Administrator, Office of Trade are identified in the Appendix to this Adjustment Assistance, at the address Signed at Washington, DC, this 11th day of notice. Upon receipt of these petitions, February 2020. shown below, not later than March 12, the Administrator of the Office of Trade 2020. Hope D. Kinglock, Adjustment Assistance, Employment The petitions filed in this case are Certifying Officer, Office of Trade Adjustment and Training Administration, has Assistance. instituted investigations pursuant to available for inspection at the Office of the Administrator, Office of Trade [FR Doc. 2020–04193 Filed 2–28–20; 8:45 am] Section 221(a) of the Act. Adjustment Assistance, Employment BILLING CODE 4510–FN–P The purpose of each of the investigations is to determine whether and Training Administration, U.S. the workers are eligible to apply for Department of Labor, Room N–5428, adjustment assistance under Title II, 200 Constitution Avenue NW, Chapter 2, of the Act. The investigations Washington, DC 20210. will further relate, as appropriate, to the Signed at Washington, DC, this 11th day of determination of the date on which total February 2020. or partial separations began or Hope D. Kinglock, threatened to begin and the subdivision Certifying Officer, Office of Trade Adjustment of the firm involved. Assistance. The petitioners or any other persons showing a substantial interest in the APPENDIX

112 TAA PETITIONS INSTITUTED BETWEEN 1/1/20 AND 1/31/20

Date of Date of TA–W Subject firm (petitioners) Location institution petition

95524 ...... Cree (State/One-Stop) ...... Morgan Hill, CA ...... 01/02/20 12/31/19 95525 ...... Optum Services Inc. (State/One-Stop) ...... Hartford, CT ...... 01/02/20 12/31/19 95526 ...... Parkdale Mills (Workers) ...... Galax, VA ...... 01/02/20 12/21/19 95527 ...... Wells Fargo (Workers) ...... Concord, CA ...... 01/02/20 01/01/20 95528 ...... IAC, Dayton LLC (Company) ...... Dayton, TN ...... 01/03/20 01/02/20 95529 ...... ATI Holdings, LLC (State/One-Stop) ...... Bolingbrook, IL ...... 01/06/20 01/03/20 95530 ...... Halliburton Energy Services (Workers) ...... El Reno, OK ...... 01/06/20 01/04/20 95531 ...... Mercari, Inc. (Workers) ...... Portland, OR ...... 01/06/20 01/03/20 95532 ...... Nestle USA, Inc. (State/One-Stop) ...... Kalamazoo, MI ...... 01/06/20 01/03/20 95533 ...... Semling-Menke Company (Union) ...... Merrill, WI ...... 01/06/20 01/03/20 95534 ...... AT&T (State/One-Stop) ...... Tualatin, OR ...... 01/07/20 01/06/20 95535 ...... JLL (Workers) ...... Westmont, IL ...... 01/07/20 01/06/20 95536 ...... Johnson Controls (State/One-Stop) ...... Plymouth, MN ...... 01/07/20 01/06/20 95537 ...... State Street Corporation (State/One-Stop) ...... Boston, MA ...... 01/07/20 01/06/20 95538 ...... TMK Ipsco (State/One-Stop) ...... Blytheville, AR ...... 01/07/20 01/06/20 95539 ...... U.S. Bank, Portland Columbia Center (State/One-Stop) ...... Portland, OR ...... 01/07/20 01/06/20 95540 ...... Applied Materials, Inc. (State/One-Stop) ...... Kalispell, MT ...... 01/08/20 01/06/20

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112 TAA PETITIONS INSTITUTED BETWEEN 1/1/20 AND 1/31/20—Continued

Date of Date of TA–W Subject firm (petitioners) Location institution petition

95541 ...... Health Care Strategies (State/One-Stop) ...... Richardson, TX ...... 01/08/20 01/07/20 95542 ...... Honeywell (State/One-Stop) ...... Atlanta, GA ...... 01/08/20 01/07/20 95543 ...... Rite-Aid (State/One-Stop) ...... Lancaster, CA ...... 01/08/20 01/07/20 95544 ...... Sanko Electronics America Inc. (State/One-Stop) ...... Torrance, CA ...... 01/08/20 01/07/20 95545 ...... United States Steel (Workers) ...... Braddock, PA ...... 01/08/20 01/07/20 95546 ...... XPO Logistics (Company) ...... Hazelwood, MO ...... 01/08/20 01/07/20 95547 ...... Google (State/One-Stop) ...... Mountain View, CA ...... 01/09/20 01/08/19 95548 ...... HCL America (State/One-Stop) ...... Webster, NY ...... 01/09/20 01/08/19 95549 ...... MAS US Holdings, MAS Acme (Company) ...... Asheboro, NC ...... 01/09/20 01/08/19 95550 ...... Branson Ultrasonics Corporation (State/One-Stop) ...... Honeoye Falls, NY ...... 01/10/20 01/09/20 95551 ...... Kautex (a Textron Company) (Company) ...... Detroit, MI ...... 01/10/20 01/09/20 95552 ...... Koos Manufacturing, Inc. (State/One-Stop) ...... South Gate, CA ...... 01/10/20 01/09/20 95553 ...... Alcoa (State/One-Stop) ...... Point Comfort, TX ...... 01/13/20 01/10/20 95554 ...... AVMED Health Plans (State/One-Stop) ...... Gainesville, FL ...... 01/13/20 01/10/20 95555 ...... SMX Staffing (State/One-Stop) ...... Winchester, VA ...... 01/13/20 01/10/20 95556 ...... Spirit Aerosystems, Inc. (State/One-Stop) ...... Wichita, KS ...... 01/13/20 01/10/20 95557 ...... Stanley Black and Decker REVISED (State/One-Stop) ...... Greenfield, IN ...... 01/13/20 01/10/20 95558 ...... Veritas Genetics (State/One-Stop) ...... Danvers, MA ...... 01/13/20 01/08/20 95559 ...... Allianz (State/One-Stop) ...... Minneapolis, MN ...... 01/14/20 01/13/20 95560 ...... HP Inc. (Workers) ...... Boise, ID ...... 01/14/20 01/13/20 95561 ...... Pace Industries (State/One-Stop) ...... Arden Hills, MN ...... 01/14/20 01/13/20 95562 ...... Pier 1 Imports (State/One-Stop) ...... Jefferson City, MO ...... 01/14/20 01/13/20 95563 ...... Hologic (State/One-Stop) ...... Marlborough, MA ...... 01/15/20 01/13/20 95564 ...... MSX International (State/One-Stop) ...... Center Line, MI ...... 01/15/20 01/14/20 95565 ...... Optum Services Inc. (State/One-Stop) ...... Windsor, CT ...... 01/15/20 01/14/20 95566 ...... Autolite (Workers) ...... Duncan, SC ...... 01/16/20 01/15/20 95567 ...... Metal Box International (State/One-Stop) ...... Chicago, IA ...... 01/16/20 01/15/20 95568 ...... Optum Technology (State/One-Stop) ...... San Francisco, CA ...... 01/16/20 01/15/20 95569 ...... Almatis, Inc. (Workers) ...... Leetsdale, PA ...... 01/17/20 01/16/20 95570 ...... Hutchinson Technology (Company) ...... Hutchinson, MN ...... 01/17/20 01/16/20 95571 ...... Pierce Pacific Manufacturing Inc. (State/One-Stop) ...... Portland, OR ...... 01/17/20 01/16/20 95572 ...... Tektronix Inc. (State/One-Stop) ...... Beaverton, OR ...... 01/17/20 01/16/20 95573 ...... United States Marble (State/One-Stop) ...... Remus, MI ...... 01/17/20 01/16/20 95574 ...... Walmart GBS (Workers) ...... Charlotte, NC ...... 01/17/20 01/16/20 95575 ...... Zions Bancorporation (State/One-Stop) ...... Salt Lake City, UT ...... 01/17/20 01/16/20 95576 ...... C&D Technologies (Union) ...... Milwaukee, WI ...... 01/21/20 01/17/20 95577 ...... Constantia Colmar (Workers) ...... Colmar, PA ...... 01/21/20 01/17/20 95578 ...... EnTech Plastics, Inc. (Company) ...... Corry, PA ...... 01/21/20 01/20/20 95579 ...... Heraeus Precious Metals North America Conshohocken, LLC West Conshohocken, PA ...... 01/21/20 01/17/20 (Workers). 95580 ...... Philadelphia Energy Solutions (Union) ...... Philadelphia, PA ...... 01/21/20 01/17/20 95581 ...... Blue Cross Blue Shield (State/One-Stop) ...... Virginia, MN ...... 01/22/20 01/21/20 95582 ...... Fort Dearborn Company (State/One-Stop) ...... Harahan, LA ...... 01/22/20 01/21/20 95583 ...... Metal Box International (State/One-Stop) ...... Franklin Park, IL ...... 01/22/20 01/21/20 95584 ...... Norma Group Inc. (State/One-Stop) ...... Auburn Hills, MI ...... 01/22/20 01/21/20 95585 ...... Northern Star Generation Services (State/One-Stop) ...... Colver, PA ...... 01/22/20 01/21/20 95586 ...... P&F Systems (State/One-Stop) ...... Auburn Hills, MI ...... 01/22/20 01/21/20 95587 ...... YS Industry INC (State/One-Stop) ...... Vernon, CA ...... 01/22/20 01/21/20 95588 ...... Cal Amp (State/One-Stop) ...... Oxnard, CA ...... 01/23/20 01/22/20 95589 ...... Ducommun Aerosturctures Inc. (State/One-Stop) ...... Parsons, KS ...... 01/23/20 01/22/20 95590 ...... International Automotive Components (Company) ...... Mendon, MI ...... 01/23/20 01/22/20 95591 ...... Liberty Mutual Insurance (Workers) ...... Montoursville, PA ...... 01/23/20 01/22/20 95592 ...... Prime Healthcare—Saint John Hospital (State/One-Stop) ...... Leavenworth, KS ...... 01/23/20 01/22/20 95593 ...... Sakthi Automotive Group USA (Company) ...... Detroit, MI ...... 01/23/20 01/22/20 95594 ...... Wipro Technologies for Comcast Xfinity Cable Communica- Englewood, CO ...... 01/23/20 01/22/20 tions (State/One-Stop). 95595 ...... Full Circle Recycling (State/One-Stop) ...... Johnston, RI ...... 01/24/20 01/17/20 95596 ...... J.R. Vinagro Corporation (State/One-Stop) ...... Johnston, RI ...... 01/24/20 01/23/20 95597 ...... LSC Communications (State/One-Stop) ...... Mattoon, IL ...... 01/24/20 01/23/20 95598 ...... Lucky’s Market (State/One-Stop) ...... St. Louis, MO ...... 01/24/20 01/23/20 95599 ...... Pier 1 Imports (State/One-Stop) ...... St. Louis, MO ...... 01/24/20 01/23/20 95600 ...... Siletz Trucking Company (State/One-Stop) ...... Independence, OR ...... 01/24/20 01/23/20 95601 ...... Timken (State/One-Stop) ...... Fort Scott, KS ...... 01/24/20 01/22/20 95602 ...... Tri-Starr Management Services REVISED (State/One-Stop) .... Jeffersonville, IN ...... 01/24/20 01/23/20 95603 ...... Agilent Technologies (State/One-Stop) ...... Ankeny, IA ...... 01/27/20 01/24/20 95604 ...... The Atlas Group (State/One-Stop) ...... Wichita, KS ...... 01/27/20 01/24/20 95605 ...... Cox Machine (State/One-Stop) ...... Wichita, KS ...... 01/27/20 01/24/20 95606 ...... Optum Services Inc. (State/One-Stop) ...... Rocky Hill, CT ...... 01/27/20 01/24/20 95607 ...... Premier Surfaces (State/One-Stop) ...... Chantilly, VA ...... 01/27/20 01/24/20 95608 ...... Schenker Inc. (State/One-Stop) ...... Wichita, KS ...... 01/27/20 01/24/20 95609 ...... XPO Logistics (Company) ...... Hazelwood, MO ...... 01/27/20 01/24/20

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112 TAA PETITIONS INSTITUTED BETWEEN 1/1/20 AND 1/31/20—Continued

Date of Date of TA–W Subject firm (petitioners) Location institution petition

95610 ...... Aquity Solutions (State/One-Stop) ...... Cary, NC ...... 01/28/20 01/27/20 95611 ...... Bank of New York Mellon (State/One-Stop) ...... Pittsburgh, PA ...... 01/28/20 01/27/20 95612 ...... Georgia-Pacific Gypsum (State/One-Stop) ...... Cuba, MO ...... 01/28/20 01/27/20 95613 ...... Hudson’s Bay Company (Workers) ...... Wilkes-Barre, PA ...... 01/28/20 01/27/20 95614 ...... LSC Communications US, LLC (State/One-Stop) ...... Strasburg, VA ...... 01/28/20 01/24/20 95615 ...... Restwell Mattress Factory (State/One-Stop) ...... Eden Prairie, MN ...... 01/28/20 01/28/20 95616 ...... Sleep Number Corporation (State/One-Stop) ...... Minneapolis, MN ...... 01/28/20 01/28/20 95617 ...... Bluestone Coke LLC (Workers) ...... Birmingham, AL ...... 01/29/20 01/28/20 95618 ...... Branson Ultrasonics Corporation (State/One-Stop) ...... Danbury, CT ...... 01/29/20 01/28/20 95619 ...... Concentrix (State/One-Stop) ...... Arnold, MO ...... 01/29/20 01/28/20 95620 ...... Express Clothing (State/One-Stop) ...... St. Peters, MO ...... 01/29/20 01/28/20 95621 ...... HCL/ComDoc (State/One-Stop) ...... North Canton, OH ...... 01/29/20 01/28/20 95622 ...... Joyson Safety (State/One-Stop) ...... Knoxville, TN ...... 01/29/20 01/28/20 95623 ...... Neuro Spine Institute (Pacific Sports and Spine) (State/One- Eugene, OR ...... 01/29/20 01/28/20 Stop). 95624 ...... PVH Corporation (State/One-Stop) ...... Brinkley, AR ...... 01/29/20 01/28/20 95625 ...... Schawk USA, Inc. (State/One-Stop) ...... Cincinnati, OH ...... 01/29/20 01/27/20 95626 ...... TLC & Associates (State/One-Stop) ...... Alamogordo, NM ...... 01/29/20 01/28/20 95627 ...... Comfort Holding, LLC operating as Innocor, Inc. (State/One- West Chicago, IL ...... 01/30/20 01/29/20 Stop). 95628 ...... Corsicana Bedding, LLC (State/One-Stop) ...... Aurora, IL ...... 01/30/20 01/29/20 95629 ...... Astoria Forest Products (State/One-Stop) ...... Astoria, OR ...... 01/31/20 01/30/20 95630 ...... Elite Comfort Solutions (State/One-Stop) ...... Fort Smith, AR ...... 01/31/20 01/27/20 95631 ...... JW Aluminum (State/One-Stop) ...... St. Louis, MO ...... 01/31/20 01/30/20 95632 ...... Mitec Powertrain, Inc. (Company) ...... Findlay, OH ...... 01/31/20 01/30/20 95633 ...... Mohawk Industries, Inc. (State/One-Stop) ...... Melbourne, AR ...... 01/31/20 01/30/20 95634 ...... Novanta (State/One-Stop) ...... San Jose, CA ...... 01/31/20 01/30/20 95635 ...... Smith’s Interconnect (State/One-Stop) ...... Costa Mesa, CA ...... 01/31/20 01/30/20

[FR Doc. 2020–04194 Filed 2–28–20; 8:45 am] Reconsideration, summaries of Negative W) number issued during the period of BILLING CODE P Determinations Regarding Applications 01/01/2020 through 01/31/2020. Post- for Reconsideration, summaries of initial determinations are issued after a Revised Certifications of Eligibility, petition has been certified or denied. A DEPARTMENT OF LABOR summaries of Revised Determinations post-initial determination may revise a (after Affirmative Determination certification, or modify or affirm a Employment and Training Regarding Application for negative determination. Administration Reconsideration), summaries of Revised Certifications of Eligibility Post-Initial Determinations Regarding Negative Determinations (after The following revised certifications of Eligiblity To Apply for Trade Affirmative Determination Regarding eligibility to apply for TAA have been Adjustment Assistance Application for Reconsideration), summaries of Revised Determinations issued. The date following the company In accordance with Sections 223 and (on remand from the Court of name and location of each 284 (19 U.S.C. 2273 and 2395) of the International Trade), and summaries of determination references the impact Trade Act of 1974 (19 U.S.C. 2271, et Negative Determinations (on remand date for all workers of such seq.) (‘‘Act’’), as amended, the from the Court of International Trade) determination, and the reason(s) for the Department of Labor herein presents regarding eligibility to apply for trade determination. Notice of Affirmative Determinations adjustment assistance under Chapter 2 The following revisions have been Regarding Application for of the Act (‘‘TAA’’) for workers by (TA– issued.

TA–W No. Subject firm Location Impact date Reason(s)

95,041 ...... Newell Brands ...... Winchester, VA ...... 8/1/2018 Wages Reported Under Different FEIN Number.

Revised Determinations (After date following the company name and requirements of Section 222(a)(2)(B) Affirmative Determination Regarding location of each determination (Shift in Production or Services to a Application for Reconsideration) references the impact date for all Foreign Country Path or Acquisition of workers of such determination. Articles or Services from a Foreign The following revised determinations The following revised determinations Country Path) of the Trade Act have on reconsideration, certifying eligibility on reconsideration, certifying eligibility been met. to apply for TAA, have been issued. The to apply for TAA, have been issued. The

TA–W No. Subject firm Location Impact date

92,574 ...... Truvision Services, Inc...... Yorkville, IL ...... 1/25/2016

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Negative Determinations on criteria for TAA have not been met for country), (b)(2) (supplier to a firm Reconsideration (After Affirmative the reason(s) specified. whose workers are certified eligible to Determination Regarding Application The investigation revealed that the apply for TAA or downstream producer for Reconsideration) criteria under Trade Act section to a firm whose workers are certified 222(a)(2)(A) (increased imports), eligible to apply for TAA), and (e) In the following cases, negative (a)(2)(B) (shift in production or services (International Trade Commission) have determinations on reconsideration have to a foreign country or acquisition of not been met. been issued because the eligibility articles or services from a foreign

TA–W number Subject firm Location Impact date

94,578 ...... Michigan Bell Telephone Company ...... Kalamazoo, MI. 94,578A ...... Wisconsin Bell, Inc ...... Appleton, WI. 94,578B ...... Indiana Bell Telephone Company Incorporated ...... Indianapolis, IN. 94,578C ...... AT&T Services, Inc ...... Syracuse, NY. 94,578D ...... AT&T Services, Inc ...... Meridian, CT.

I hereby certify that the such sensitive personal information or been evolving to IPv6-only networks. It aforementioned determinations were proprietary information, or any other is essential for the Federal government issued during the period of 01/01/2020 information that you would not want to expand and enhance its strategic through 01/31/2020. These publically disclosed. commitment to the transition to IPv6 in determinations are available on the ADDRESSES: Interested parties should order to keep pace with and capitalize Department’s website https:// provide comments via electronic mail to on industry trends. The attached draft www.doleta.gov/tradeact/petitioners/ the following inbox: OFCIO@ memorandum prepared by the Office of _ _ taa search form.cfm under the omb.eop.gov. The Office of Management Management and Budget, in searchable listing determinations or by and Budget is located at 725 17th Street collaboration with the Federal Chief calling the Office of Trade Adjustment NW, Washington, DC 20503. No Information Officers Council and Assistance toll free at 888–365–6822. physical copies will be accepted. Federal Chief Information Security Officers Council, supports the Signed at Washington, DC, this 11th day of FOR FURTHER INFORMATION CONTACT: Administration’s goals for modernizing February 2020. Carol Bales, OMB, at 202.395.9915 or Federal Information Technology. Hope D. Kinglock, [email protected]. Certifying Officer, Office of Trade Adjustment SUPPLEMENTARY INFORMATION: The Office Suzette Kent, Assistance. of Management and Budget (OMB) is Federal Chief Information Officer, Office of [FR Doc. 2020–04191 Filed 2–28–20; 8:45 am] proposing updated guidance to Federal the Federal Chief Information Officer, Office BILLING CODE 4510–FN–P agencies on completing the transition to of Management Budget. Internet Protocol Version 6 (IPv6). In [FR Doc. 2020–04202 Filed 2–28–20; 8:45 am] August 2005, OMB issued M–05–22, BILLING CODE 3110–05–P OFFICE OF MANAGEMENT AND Transition Planning for Internet BUDGET Protocol Version 6 (IPv6), requiring agencies to enable IPv6 on their NATIONAL AERONAUTICS AND Request for Comments on Updated backbone networks by June 30, 2008. SPACE ADMINISTRATION Guidance for Completing the This policy outlined deployment and [Notice: 20–020] Transition to the Next Generation acquisition requirements. In September Internet Protocol, Internet Protocol 2010, OMB issued a memo titled Version 6 (IPv6) NASA Advisory Council; Technology, ‘‘Transition to IPv6’’, requiring Federal Innovation and Engineering AGENCY: Office of Management and agencies to operationally deploy native Committee; Meeting Budget. IPv6 for public internet servers and AGENCY: National Aeronautics and ACTION: Notice of public comment internal applications that communicate Space Administration. period. with public servers. The intent of the newly proposed policy articulated in ACTION: Notice of meeting. SUMMARY: The Office of Management the draft memorandum is to SUMMARY: and Budget (OMB) is seeking public communicate the requirements for In accordance with the comment on a draft memorandum titled, completing the operational deployment Federal Advisory Committee Act, as Completing the Transition to Internet of IPv6 across all Federal information amended, the National Aeronautics and Protocol Version 6. systems and services, and help agencies Space Administration (NASA) announces a meeting of the Technology, DATES: The public comment period on overcome barriers that prevent them Innovation and Engineering Committee the draft memorandum begins on the from migrating to IPv6-only systems. of the NASA Advisory Council (NAC). day it is published in the Federal In the last 5 years, IPv6 momentum in This Committee reports to the NAC. Register and ends 30 days after date of industry has dramatically increased, publication in the Federal Register. with large IPv6 commercial DATES: Thursday, March 19, 2020, 8:30 Privacy/FOIA Notice: Comments deployments in many business sectors a.m.–5:00 p.m., Eastern Time. submitted in response to this notice may now driven by reducing cost, decreasing ADDRESSES: NASA Headquarters, Room be publically available and are subject complexity, improving security and 6H41, 300 E Street SW, Washington, DC to disclosure under the Freedom of eliminating barriers to innovation in 20546. Information Act. For this reason, please networked information systems. Mobile FOR FURTHER INFORMATION CONTACT: Mr. do not include in your comments networks, data centers and leading-edge Mike Green, Designated Federal Officer, information of a confidential nature, enterprise networks, for example, have Space Technology Mission Directorate,

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NASA Headquarters, Washington, DC Attendees to the Technology, the address above, or by phone at 301– 20546, (202) 358–4710, or g.m.green@ Innovation and Engineering Committee 837–1799. nasa.gov. meeting who are returning from China SUPPLEMENTARY INFORMATION: should only participate virtually SUPPLEMENTARY INFORMATION: The Public Comment Procedures meeting will be open to the public up through the provided dial-in audio and to the seating capacity of the room. This WebEx, until the 14 days of observation We are publishing notice of records meeting will also be available and self-care period has expired. schedules in which agencies propose to dispose of records they no longer need telephonically and by WebEx. You must It is imperative that this meeting be to conduct agency business. We invite use a touch-tone phone to participate in held on this day to accommodate the public comments on these records this meeting. Any interested person may scheduling priorities of the key schedules, as required by 44 U.S.C. dial the toll-free access number 1–844– participants. 3303a(a), and list the schedules at the 467–6272 and enter the numeric Patricia Rausch, end of this notice by agency and participant passcode 102421 followed Advisory Committee Management Officer, subdivision requesting disposition by the # sign. The WebEx link is https:// National Aeronautics and Space authority. nasaenterprise.webex.com, the meeting Administration. In addition, this notice lists the number is 903 769 393, and the [FR Doc. 2020–04159 Filed 2–28–20; 8:45 am] organizational unit(s) accumulating the password is n@cTIE031920. Note: If BILLING CODE 7510–13–P records or states that the schedule has dialing in, please ‘‘mute’’ your agency-wide applicability. It also telephone. The agenda for the meeting provides the control number assigned to includes; the following topics: NATIONAL ARCHIVES AND RECORDS each schedule, which you will need if —Space Technology Mission Directorate ADMINISTRATION you submit comments on that schedule. Update [NARA–20–0004; NARA–2020–023] We have uploaded the records —FY 2021 Budget Proposal and Update schedules and accompanying appraisal —Space Technology on International Records Schedules; Availability and memoranda to the regulations.gov Space Station Update Request for Comments docket for this notice as ‘‘other’’ —Lunar Surface Innovation Initiative documents. Each records schedule Update AGENCY: National Archives and Records contains a full description of the records —Office of the Chief Technologist Administration (NARA). at the file unit level as well as their Update ACTION: Notice of availability of proposed disposition. The appraisal —Flight Opportunities and Small proposed records schedules; request for memorandum for the schedule includes Spacecraft Technology Program comments. information about the records. Updates We will post comments, including —Office of the Chief Engineer Update SUMMARY: The National Archives and any personal information and —Overview of Processes To Evaluate Records Administration (NARA) attachments, to the public docket Technology Implementation publishes notice of certain Federal unchanged. Because comments are —TechPort Demonstration agency requests for records disposition public, you are responsible for ensuring Attendees will be required to sign a authority (records schedules). We that you do not include any confidential register and to comply with NASA publish notice in the Federal Register or other information that you or a third security requirements, including the and on regulations.gov for records party may not wish to be publicly presentation of a valid picture ID before schedules in which agencies propose to posted. If you want to submit a receiving access to NASA Headquarters. dispose of records they no longer need comment with confidential information Foreign nationals attending this meeting to conduct agency business. We invite or cannot otherwise use the will be required to provide a copy of public comments on such records regulations.gov portal, you may contact their passport and visa in addition to schedules. [email protected] for providing the following information no instructions on submitting your DATES: NARA must receive comments less than 10 business days prior to the comment. by April 16, 2020. meeting: Full name; gender; date/place We will consider all comments of birth; citizenship; visa information ADDRESSES: You may submit comments submitted by the posted deadline and (number, type, expiration date); by either of the following methods. You consult as needed with the Federal passport information (number, country, must cite the control number, which agency seeking the disposition expiration date); employer/affiliation appears on the records schedule in authority. After considering comments, information (name of institution, parentheses after the name of the agency we will post on regulations.gov a address, country, telephone); title/ that submitted the schedule. ‘‘Consolidated Reply’’ summarizing the • position of attendee; and home address Federal eRulemaking Portal: http:// comments, responding to them, and to Ms. Anyah Dembling via email at www.regulations.gov. noting any changes we have made to the • [email protected] or by Mail: Records Appraisal and proposed records schedule. We will telephone at (202) 358–5195. U.S. Agency Assistance (ACR); National then send the schedule for final citizens and Permanent Residents (green Archives and Records Administration; approval by the Archivist of the United card holders) are requested to submit 8601 Adelphi Road; College Park, MD States. You may elect at regulations.gov their name and affiliation no less than 20740–6001. to receive updates on the docket, three working days prior to the meeting FOR FURTHER INFORMATION CONTACT: including an alert when we post the to Ms. Anyah Dembling. Kimberly Keravuori, Regulatory and Consolidated Reply, whether or not you Note: As a precaution, individuals External Policy Program Manager, by submit a comment. If you have a returning from China will not be email at regulation_comments@ question, you can submit it as a allowed into NASA Headquarters until nara.gov. For information about records comment, and can also submit any the 14 days of observation and self-care schedules, contact Records Management concerns or comments you would have period has expired, and they are Operations by email at to a possible response to the question. determined not to be infectious. [email protected], by mail at We will address these items in

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consolidated replies along with any Suspected Unapproved Parts (DAA– for Docket ID NRC–2020–0062. Address other comments submitted on that 0237–2019–0010). questions about NRC docket IDs in schedule. 5. Federal Retirement Thrift Regulations.gov to Jennifer Borges; We will post schedules on our Investment Board, Office of telephone: 301–287–9127; email: website in the Records Control Schedule Communications and Education, [email protected]. For technical (RCS) Repository, at https:// Communications and Education questions, contact the individual listed www.archives.gov/records-mgmt/rcs, Records (DAA–0474–2018–0001). in the FOR FURTHER INFORMATION after the Archivist approves them. The 6. Federal Retirement Thrift CONTACT section of this document. RCS contains all schedules approved Investment Board, Office of Enterprise • Mail comments to: Office of since 1973. Risk Management, Enterprise Risk Management Records (DAA–0474– Administration, Mail Stop: TWFN–7– Background 2018–0005). A60M, U.S. Nuclear Regulatory Each year, Federal agencies create 7. National Archives and Records Commission, Washington, DC 20555– billions of records. To control this Administration, Agency-wide, 0001, ATTN: Program Management, accumulation, agency records managers Electronic Messaging Records (DAA– Announcements and Editing Staff. prepare schedules proposing retention 0064–2019–0006). For additional direction on obtaining periods for records and submit these Laurence Brewer, information and submitting comments, schedules for NARA’s approval. Once Chief Records Officer for the U.S. see ‘‘Obtaining Information and approved by NARA, records schedules Government. Submitting Comments’’ in the provide mandatory instructions on what [FR Doc. 2020–04188 Filed 2–28–20; 8:45 am] SUPPLEMENTARY INFORMATION section of happens to records when no longer BILLING CODE 7515–01–P this document. needed for current Government business. The records schedules FOR FURTHER INFORMATION CONTACT: V. authorize agencies to preserve records of Sreenivas, Office of Nuclear Reactor NUCLEAR REGULATORY continuing value in the National Regulation, U.S. Nuclear Regulatory COMMISSION Archives or to destroy, after a specified Commission, Washington, DC 20555– period, records lacking continuing [Docket No. 50–244; NRC–2020–0062] 0001; telephone: 301–415–2597; email: administrative, legal, research, or other [email protected]. value. Some schedules are Exelon Generation Company, LLC; R. SUPPLEMENTARY INFORMATION: comprehensive and cover all the records E. Ginna Nuclear Power Plant; Add of an agency or one of its major One-Time Note for Use of Alternative I. Obtaining Information and subdivisions. Most schedules, however, Residual Heat Removal Methods Submitting Comments cover records of only one office or AGENCY: Nuclear Regulatory A. Obtaining Information program or a few series of records. Many Commission. of these update previously approved ACTION: schedules, and some include records License amendment application; Please refer to Docket ID NRC–2020– opportunity to comment, request a proposed as permanent. 0062 when contacting the NRC about hearing, and petition for leave to the availability of information for this Agencies may not destroy Federal intervene. records without the approval of the action. You may obtain publicly- available information related to this Archivist of the United States. The SUMMARY: The U.S. Nuclear Regulatory action by any of the following methods: Archivist grants this approval only after Commission (NRC) is considering thorough consideration of the records’ issuance of an amendment to Renewed • Federal Rulemaking Website: Go to administrative use by the agency of Facility Operating License No. DPR–18, https://www.regulations.gov and search origin, the rights of the Government and issued to Exelon Generation Company, for Docket ID NRC–2020–0062. of private people directly affected by the LLC, for operation of the R. E. Ginna • NRC’s Agencywide Documents Government’s activities, and whether or Nuclear Power Plant (Ginna). The Access and Management System not the records have historical or other amendment would revise Technical (ADAMS): You may obtain publicly- value. Public review and comment on Specifications (TSs) 3.4.7, ‘‘RCS [reactor available documents online in the these records schedules is part of the coolant system] Loops—MODE 5, Loops ADAMS Public Documents collection at Archivist’s consideration process. Filled’’; 3.4.8, ‘‘RCS Loops—MODE 5, https://www.nrc.gov/reading-rm/ Schedules Pending: Loops Not Filled’’; 3.9.4, ‘‘Residual Heat adams.html. To begin the search, select 1. Department of Health and Human Removal (RHR) and Coolant ‘‘Begin Web-based ADAMS Search.’’ For Services, Indian Health Service, Circulation—Water Level ≥ 23 Ft’’; and problems with ADAMS, please contact Sanitation Facilities (DAA–0513–2019– 3.9.5, ‘‘Residual Heat Removal (RHR) 0001). and Coolant Circulation—Water Level the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 2. Department of Homeland Security, < 23 Ft,’’ to add a one-time note for use 415–4737, or by email to pdr.resource@ Bureau of Customs and Border of alternative residual heat removal Protection, Electronic System for Travel methods. nrc.gov. The license amendment request dated February 25, 2020, is available in Authorization Records (DAA–0568– DATES: Submit comments by April 1, 2019–0006). 2020. Requests for a hearing or petition ADAMS under Accession No. 3. Department of Justice, Drug for leave to intervene must be filed by ML20056E958. Enforcement Administration, Diversion May 1, 2020. • NRC’s PDR: You may examine and Control Records (DAA–0170–2017– ADDRESSES: You may submit comments purchase copies of public documents at 0006). by any of the following methods: the NRC’s PDR, Room O1–F21, One 4. Department of Transportation, • Federal Rulemaking Website: Go to White Flint North, 11555 Rockville Federal Aviation Administration, https://www.regulations.gov and search Pike, Rockville, Maryland 20852.

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B. Submitting Comments hazards consideration, which is kind of accident from any previously presented below: evaluated. Please include Docket ID NRC–2020– 3. Does the proposed amendment involve 0062 in your comment submission. 1. Does the proposed amendment involve a significant reduction in a margin of safety? The NRC cautions you not to include a significant increase in the probability or Response: No. identifying or contact information that consequences of an accident previously No safety analyses were changed or you do not want to be publicly evaluated? modified as a result of the proposed TS disclosed in your comment submission. Response: No. changes. The proposed change does not alter This one-time change is requested to The NRC will post all comment the manner in which safety limits, limiting support the station in the shutdown of the safety system settings, or limiting conditions submissions at https:// reactor during the upcoming refueling outage www.regulations.gov as well as enter the for operation are determined. Margins scheduled to start in April 2020. The associated with the current safety analyses comment submissions into ADAMS. proposed method of cooldown during Mode acceptance criteria are unaffected. The The NRC does not routinely edit 5 is the water solid Steam Generator current safety analyses remain bounding comment submissions to remove cooldown method. This method involves since their conclusions are not affected by identifying or contact information. removing residual heat by filling the steam the new method. If you are requesting or aggregating lines with water and using the Steam Therefore, the proposed change does not comments from other persons for Generators as water-to-water heat exchangers. result in a significant reduction in a margin submission to the NRC, then you should The proposed method to achieve Mode 5, of safety. loops not filled, utilizes portions of the inform those persons not to include normal RHR loop, additional piping, fittings, The NRC staff has reviewed the above identifying or contact information that hoses, and connections meeting to safety- analysis and, based on this review, it they do not want to be publicly related Class 1 or 2 criteria, and portions of appears that the three standards of 10 disclosed in their comment submission. the low pressure ECCS [emergency core CFR 50.92(c) are satisfied. Therefore, the Your request should state that the NRC cooling system] system. These proposed NRC staff proposes to determine that the does not routinely edit comment alternative methods will not act as a amendment request involves no submissions to remove such information precursor or an initiator for any transient or significant hazards consideration. before making the comment design basis accident; therefore, the proposed The NRC is seeking public comments submissions available to the public or change does not significantly increase the probability of any accident previously on this proposed determination that the entering the comment into ADAMS. evaluated. license amendment request involves no II. Introduction The proposed change provides an alternate significant hazards consideration. Any means to remove decay heat and is intended comments received within 30 days after The NRC is considering the issuance to mitigate the consequences of an initiating the date of publication of this notice of an amendment to Renewed Facility event within the assumed acceptance limits. will be considered in making any final Operating License No. DPR–18, issued This alternative method has been analyzed to determination. to Exelon Generation Company, LLC ensure that it does not involve a significant Normally, the Commission will not (the licensee), for operation of Ginna, increase in the probability or consequences issue the amendment until the located in Wayne County, New York. of an accident previously evaluated. expiration of the 30-day comment The proposed amendment would Implementation of this method does not affect the integrity of the fission product period. However, if circumstances revise TSs 3.4.7, 3.4.8, 3.9.4, and 3.9.5 barriers utilized for mitigation of radiological change during the comment period, to add an asterisk to allow the use of dose consequences as a result of an accident. such that failure to act in a timely way alternative means for residual heat Plant response as modeled in the safety would result, for example, in derating or removal. This one-time change is analyses is unaffected. Hence, the releases shutdown of the facility, the requested to support Ginna in the used as input to the dose calculations are Commission may issue the license shutdown of the reactor during the unchanged from those previously assumed. amendment before the expiration of the upcoming refueling outage scheduled to Therefore, the proposed change does not 30-day comment period, provided that start in April 2020. involve a significant increase in the its final determination is that the Before any issuance of the proposed probability or consequences of an accident previously evaluated. amendment involves no significant license amendment, the NRC will need 2. Does the proposed amendment create hazards consideration. The final to make the findings required by the the possibility of a new or different kind of determination will consider all public Atomic Energy Act of 1954, as amended accident from any accident previously and State comments received. If the (the Act), and NRC regulations. evaluated? Commission takes this action, it will The NRC has made a proposed Response: No. publish in the Federal Register a notice determination that the license The proposed alternative methods do not of issuance. The Commission expects amendment request involves no affect accident initiation sequences or that the need to take this action will significant hazards consideration. Under response scenarios as modeled in the safety occur very infrequently. the NRC’s regulations in section 50.92 of analyses. This method will not create a new failure scenario. In addition, no new failure title 10 of the Code of Federal III. Opportunity To Request a Hearing modes are being created for any plant and Petition for Leave To Intervene Regulations (10 CFR), this means that equipment. The proposed alternative operation of the facility in accordance methods have been designed to applicable Within 60 days after the date of with the proposed amendment would regulatory and industry standards. Fault publication of this notice, any persons not (1) involve a significant increase in conditions, failure detection, reliability and (petitioner) whose interest may be the probability or consequences of an equipment qualification have been affected by this action may file a request accident previously evaluated; or (2) considered. The new methods do not result for a hearing and petition for leave to create the possibility of a new or in any new or different accident scenarios. intervene (petition) with respect to the different kind of accident from any The types of accidents defined in the UFSAR action. Petitions shall be filed in [Updated Final Safety Analysis Report] accident previously evaluated; or (3) continue to represent the credible spectrum accordance with the Commission’s involve a significant reduction in a of events to be analyzed which determine ‘‘Agency Rules of Practice and margin of safety. As required by 10 CFR safe plant operation. Procedure’’ in 10 CFR part 2. Interested 50.91(a), the licensee has provided its Therefore, the proposed change does not persons should consult a current copy analysis of the issue of no significant create the possibility of a new or different of 10 CFR 2.309. The NRC’s regulations

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are accessible electronically from the Petitions must be filed no later than If a hearing is granted, any person NRC Library on the NRC’s website at 60 days from the date of publication of who is not a party to the proceeding and https://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for is not affiliated with or represented by collections/cfr/. Alternatively, a copy of leave to file new or amended a party may, at the discretion of the the regulations is available at the NRC’s contentions that are filed after the presiding officer, be permitted to make Public Document Room, located at One deadline will not be entertained absent a limited appearance pursuant to the White Flint North, Room O1–F21, 11555 a determination by the presiding officer provisions of 10 CFR 2.315(a). A person Rockville Pike (first floor), Rockville, that the filing demonstrates good cause making a limited appearance may make Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR an oral or written statement of his or her the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition position on the issues but may not will rule on the petition and, if must be filed in accordance with the otherwise participate in the proceeding. appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic A limited appearance may be made at issued. Submissions (E-Filing)’’ section of this any session of the hearing or at any As required by 10 CFR 2.309(d) the document. prehearing conference, subject to the petition should specifically explain the If a hearing is requested, and the limits and conditions as may be reasons why intervention should be Commission has not made a final imposed by the presiding officer. Details permitted with particular reference to determination on the issue of no regarding the opportunity to make a the following general requirements for significant hazards consideration, the limited appearance will be provided by standing: (1) The name, address, and Commission will make a final the presiding officer if such sessions are telephone number of the petitioner; (2) determination on the issue of no scheduled. the nature of the petitioner’s right to be significant hazards consideration. The IV. Electronic Submissions (E-Filing) made a party to the proceeding; (3) the final determination will serve to All documents filed in NRC nature and extent of the petitioner’s establish when the hearing is held. If the adjudicatory proceedings, including a property, financial, or other interest in final determination is that the request for hearing and petition for the proceeding; and (4) the possible amendment request involves no leave to intervene (petition), any motion effect of any decision or order which significant hazards consideration, the or other document filed in the may be entered in the proceeding on the Commission may issue the amendment proceeding prior to the submission of a petitioner’s interest. and make it immediately effective, In accordance with 10 CFR 2.309(f), request for hearing or petition to notwithstanding the request for a the petition must also set forth the intervene, and documents filed by hearing. Any hearing would take place specific contentions which the interested governmental entities that after issuance of the amendment. If the petitioner seeks to have litigated in the request to participate under 10 CFR proceeding. Each contention must final determination is that the 2.315(c), must be filed in accordance consist of a specific statement of the amendment request involves a with the NRC’s E-Filing rule (72 FR issue of law or fact to be raised or significant hazards consideration, then 49139; August 28, 2007, as amended at controverted. In addition, the petitioner any hearing held would take place 77 FR 46562; August 3, 2012). The E- must provide a brief explanation of the before the issuance of the amendment Filing process requires participants to bases for the contention and a concise unless the Commission finds an submit and serve all adjudicatory statement of the alleged facts or expert imminent danger to the health or safety documents over the internet, or in some opinion which support the contention of the public, in which case it will issue cases to mail copies on electronic and on which the petitioner intends to an appropriate order or rule under 10 storage media. Detailed guidance on rely in proving the contention at the CFR part 2. making electronic submissions may be hearing. The petitioner must also A State, local governmental body, found in the Guidance for Electronic provide references to the specific Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC sources and documents on which the agency thereof, may submit a petition to website at https://www.nrc.gov/site- petitioner intends to rely to support its the Commission to participate as a party help/e-submittals.html. Participants position on the issue. The petition must under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their include sufficient information to show should state the nature and extent of the filings unless they seek an exemption in that a genuine dispute exists with the petitioner’s interest in the proceeding. accordance with the procedures applicant or licensee on a material issue The petition should be submitted to the described below. of law or fact. Contentions must be Commission no later than 60 days from To comply with the procedural limited to matters within the scope of the date of publication of this notice. requirements of E-Filing, at least 10 the proceeding. The contention must be The petition must be filed in accordance days prior to the filing deadline, the one which, if proven, would entitle the with the filing instructions in the participant should contact the Office of petitioner to relief. A petitioner who ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at fails to satisfy the requirements at 10 section of this document, and should [email protected], or by telephone CFR 2.309(f) with respect to at least one meet the requirements for petitions set at 301–415–1677, to (1) request a digital contention will not be permitted to forth in this section, except that under identification (ID) certificate, which participate as a party. 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or Those permitted to intervene become governmental body, or Federally- representative) to digitally sign parties to the proceeding, subject to any recognized Indian Tribe, or agency submissions and access the E-Filing limitations in the order granting leave to thereof does not need to address the system for any proceeding in which it intervene. Parties have the opportunity standing requirements in 10 CFR is participating; and (2) advise the to participate fully in the conduct of the 2.309(d) if the facility is located within Secretary that the participant will be hearing with respect to resolution of its boundaries. Alternatively, a State, submitting a petition or other that party’s admitted contentions, local governmental body, Federally- adjudicatory document (even in including the opportunity to present recognized Indian Tribe, or agency instances in which the participant, or its evidence, consistent with the NRC’s thereof may participate as a non-party counsel or representative, already holds regulations, policies, and procedures. under 10 CFR 2.315(c). an NRC-issued digital ID certificate).

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Based upon this information, the mail addressed to the Office of the Dated at Rockville, Maryland, this 26th day Secretary will establish an electronic Secretary of the Commission, U.S. of February, 2020. docket for the hearing in this proceeding Nuclear Regulatory Commission, For the Nuclear Regulatory Commission. if the Secretary has not already Washington, DC 20555–0001, Attention: James G. Danna, established an electronic docket. Rulemaking and Adjudications Staff; or Chief, Plant Licensing Branch I, Division of Information about applying for a (2) courier, express mail, or expedited Operating Reactor Licensing, Office of digital ID certificate is available on the delivery service to the Office of the Nuclear Reactor Regulation. NRC’s public website at https:// Secretary, 11555 Rockville Pike, [FR Doc. 2020–04243 Filed 2–28–20; 8:45 am] www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: BILLING CODE 7590–01–P getting-started.html. Once a participant Rulemaking and Adjudications Staff. has obtained a digital ID certificate and Participants filing adjudicatory a docket has been created, the documents in this manner are NUCLEAR REGULATORY participant can then submit responsible for serving the document on COMMISSION adjudicatory documents. Submissions all other participants. Filing is [NRC–2020–0001] must be in Portable Document Format considered complete by first-class mail (PDF). Additional guidance on PDF as of the time of deposit in the mail, or Sunshine Act Meetings submissions is available on the NRC’s by courier, express mail, or expedited public website at https://www.nrc.gov/ delivery service upon depositing the TIME AND DATE: Weeks of March 2, 9, 16, site-help/electronic-sub-ref-mat.html. A document with the provider of the 23, 30, April 6, 2020. filing is considered complete at the time service. A presiding officer, having PLACE: Commissioners’ Conference the document is submitted through the granted an exemption request from Room, 11555 Rockville Pike, Rockville, NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant Maryland. electronic filing must be submitted to or party to use E-Filing if the presiding STATUS: Public. the E-Filing system no later than 11:59 officer subsequently determines that the p.m. Eastern Time on the due date. reason for granting the exemption from Week of March 2, 2020 Upon receipt of a transmission, the E- use of E-Filing no longer exists. Filing system time-stamps the document Thursday, March 5, 2020 and sends the submitter an email notice Documents submitted in adjudicatory 10:00 a.m. Briefing on NRC confirming receipt of the document. The proceedings will appear in the NRC’s International Activities (Closed— E-Filing system also distributes an email electronic hearing docket which is Ex. 1 & 9) notice that provides access to the available to the public at https:// document to the NRC’s Office of the adams.nrc.gov/ehd, unless excluded Week of March 9, 2020—Tentative General Counsel and any others who pursuant to an order of the Commission There are no meetings scheduled for have advised the Office of the Secretary or the presiding officer. If you do not the week of March 9, 2020. that they wish to participate in the have an NRC-issued digital ID certificate Week of March 16, 2020—Tentative proceeding, so that the filer need not as described above, click ‘‘Cancel’’ serve the document on those when the link requests certificates and There are no meetings scheduled for participants separately. Therefore, you will be automatically directed to the the week of March 16, 2020. applicants and other participants (or NRC’s electronic hearing dockets where Week of March 23, 2020—Tentative their counsel or representative) must you will be able to access any publicly apply for and receive a digital ID available documents in a particular There are no meetings scheduled for certificate before adjudicatory hearing docket. Participants are the week of March 23, 2020. requested not to include personal documents are filed so that they can Week of March 30, 2020—Tentative obtain access to the documents via the privacy information, such as social E-Filing system. security numbers, home addresses, or Tuesday, March 31, 2020 personal phone numbers in their filings, A person filing electronically using 10:00 a.m. Meeting with the Advisory unless an NRC regulation or other law the NRC’s adjudicatory E-Filing system Committee on the Medical Uses of requires submission of such may seek assistance by contacting the Isotopes (Public Meeting) (Contact: information. For example, in some NRC’s Electronic Filing Help Desk Kellee Jamerson: 301–415–7408) through the ‘‘Contact Us’’ link located instances, individuals provide home on the NRC’s public website at https:// addresses in order to demonstrate This meeting will be webcast live at www.nrc.gov/site-help/e- proximity to a facility or site. With the Web address—https://www.nrc.gov/. submittals.html, by email to respect to copyrighted works, except for Thursday, April 2, 2020 [email protected], or by a toll- limited excerpts that serve the purpose free call at 1–866–672–7640. The NRC of the adjudicatory filings and would 10:00 a.m. Strategic Programmatic Electronic Filing Help Desk is available constitute a Fair Use application, Overview of the Operating Reactors between 9 a.m. and 6 p.m., Eastern participants are requested not to include and New Reactors Business Lines Time, Monday through Friday, copyrighted materials in their (Public Meeting) (Contact: Luis excluding government holidays. submission. Betancourt: 301–415–6146) This meeting will be webcast live at Participants who believe that they For further details with respect to this the Web address—https://www.nrc.gov/. have a good cause for not submitting action, see the licensee’s application documents electronically must file an dated February 25, 2020 (ADAMS Week of April 6, 2020—Tentative exemption request, in accordance with Accession No. ML20056E958). 10 CFR 2.302(g), with their initial paper There are no meetings scheduled for filing stating why there is good cause for Attorney for licensee: Tamra Domeyer, the week of April 6, 2020. not filing electronically and requesting Associate General Counsel, Exelon CONTACT PERSON FOR MORE INFORMATION: authorization to continue to submit Generation Company, LLC, 4300 For more information or to verify the documents in paper format. Such filings Winfield Road, Warrenville, IL 60555. status of meetings, contact Denise must be submitted by: (1) First class NRC Branch Chief: James G. Danna. McGovern at 301–415–0681 or via email

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at [email protected]. The list and trade shares of the –1x Short SECURITIES AND EXCHANGE schedule for Commission meetings is VIX Futures ETF, a series of VS Trust, COMMISSION subject to change on short notice. under Rule 14.11(f)(4) (‘‘Trust Issued The NRC Commission Meeting [Release No. 34–88277; File No. SR–FICC– Receipts’’). The proposed rule change 2020–001] Schedule can be found on the internet was published for comment in the at: https://www.nrc.gov/public-involve/ Federal Register on January 23, 2020.3 Self-Regulatory Organizations; Fixed public-meetings/schedule.html. The Commission has received no Income Clearing Corporation; Notice of The NRC provides reasonable comment letters on the proposed rule Filing and Immediate Effectiveness of accommodation to individuals with change. a Proposed Rule Change To Adopt the disabilities where appropriate. If you Interpretive Guidance With Respect to Section 19(b)(2) of the Act 4 provides need a reasonable accommodation to Settlement Finality participate in these public meetings or that, within 45 days of the publication need this meeting notice or the of notice of the filing of a proposed rule February 25, 2020. transcript or other information from the change, or within such longer period up Pursuant to Section 19(b)(1) of the public meetings in another format (e.g., to 90 days as the Commission may Securities Exchange Act of 1934 braille, large print), please notify Anne designate if it finds such longer period (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Silk, NRC Disability Program Specialist, to be appropriate and publishes its notice is hereby given that on February at 301–287–0745, by videophone at reasons for so finding or as to which the 13, 2020, Fixed Income Clearing 240–428–3217, or by email at self-regulatory organization consents, Corporation (‘‘FICC’’) filed with the [email protected]. Determinations on the Commission shall either approve the Securities and Exchange Commission requests for reasonable accommodation proposed rule change, disapprove the (‘‘Commission’’) the proposed rule will be made on a case-by-case basis. proposed rule change, or institute change as described in Items I, II and III Members of the public may request to proceedings to determine whether the below, which Items have been prepared receive this information electronically. proposed rule change should be primarily by the clearing agency. FICC If you would like to be added to the disapproved. The 45th day after filed the proposed rule change pursuant 3 distribution, please contact the Nuclear publication of the notice for this to Section 19(b)(3)(A) of the Act and Regulatory Commission, Office of the 4 proposed rule change is March 8, 2020. subparagraph (f)(1) of Rule 19b–4 Secretary, Washington, DC 20555 (301– thereunder. The Commission is The Commission is extending this 45- 415–1969), or by email at publishing this notice to solicit day time period. [email protected] or Tyesha.Bush@ comments on the proposed rule change nrc.gov. The Commission finds that it is from interested persons. The NRC is holding the meetings appropriate to designate a longer period under the authority of the Government within which to take action on the I. Clearing Agency’s Statement of the Terms of Substance of the Proposed in the Sunshine Act, 5 U.S.C. 552b. proposed rule change so that it has Rule Change Dated at Rockville, Maryland, this 27th day sufficient time to consider the proposed of February 2020. rule change. Accordingly, the The proposed rule change of Fixed Income Clearing Corporation (‘‘FICC’’) is For the Nuclear Regulatory Commission. Commission, pursuant to Section annexed [sic] hereto as Exhibit 5. The Denise L. McGovern, 19(b)(2) of the Act,5 designates April 22, 2020, as the date by which the proposed rule change would amend the Policy Coordinator, Office of the Secretary. FICC Government Securities Division [FR Doc. 2020–04365 Filed 2–27–20; 4:15 pm] Commission shall either approve or disapprove or institute proceedings to (‘‘GSD’’) Rulebook (the ‘‘GSD Rules’’) BILLING CODE 7590–01–P and the FICC Mortgage-Backed determine whether to disapprove the Securities Division (‘‘MBSD’’) Clearing proposed rule change (File Number SR– Rules (‘‘MBSD Rules’’ and collectively SECURITIES AND EXCHANGE CboeBZX–2020–003). with the GSD Rules, the ‘‘Rules’’) in COMMISSION For the Commission, by the Division of order to adopt the Interpretive Guidance Trading and Markets, pursuant to delegated [Release No. 34–88276; File No. SR– with respect to Settlement Finality 6 CboeBZX–2020–003] authority. (‘‘Interpretive Guidance’’), which would J. Matthew DeLesDernier, provide greater transparency to FICC Self-Regulatory Organizations; Cboe Assistant Secretary. Members regarding settlement finality BZX Exchange, Inc.; Notice of [FR Doc. 2020–04185 Filed 2–28–20; 8:45 am] in the Rules, as described in greater Designation of a Longer Period for detail below.5 Commission Action on a Proposed BILLING CODE 8011–01–P II. Clearing Agency’s Statement of the Rule Change To List and Trade Shares Purpose of, and Statutory Basis for, the of the –1x Short VIX Futures ETF, a Proposed Rule Change Series of VS Trust, Under Rule 14.11(f)(4) (Trust Issued Receipts) In its filing with the Commission, the clearing agency included statements February 25, 2020. concerning the purpose of and basis for On January 3, 2020, Cboe BZX the proposed rule change and discussed Exchange, Inc. (‘‘BZX’’) filed with the Securities and Exchange Commission 1 15 U.S.C. 78s(b)(1). (‘‘Commission’’), pursuant to Section 2 17 CFR 240.19b–4. 19(b)(1) of the Securities Exchange Act 3 15 U.S.C. 78s(b)(3)(A). 4 of 1934 (‘‘Act’’) 1 and Rule 19b–4 3 See Securities Exchange Act Release No. 87992 17 CFR 240.19b–4(f)(1). 5 thereunder,2 a proposed rule change to (January 16, 2020), 85 FR 4023. Capitalized terms used herein and not otherwise defined shall have the meaning assigned to such 4 15 U.S.C. 78s(b)(2). terms in the GSD Rules or the MBSD Rules, as 1 15 U.S.C. 78s(b)(1). 5 Id. applicable, available at http://www.dtcc.com/legal/ 2 17 CFR 240.19b–4. 6 17 CFR 200.30–3(a)(31). rules-and-procedures.

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any comments it received on the settlement process that that consists of or credit the Members’ accounts for proposed rule change. The text of these the transfer of cash for (a) the TBA which they settle.15 statements may be examined at the Transaction Adjustment Payment, (b) FICC has a settlement interface with places specified in Item IV below. The Net Pool Transaction Adjustment its affiliate, The Depository Trust clearing agency has prepared Payment, (c) principal and interest Company (‘‘DTC’’). DTC acts as summaries, set forth in sections A, B, payments for failing net pool settlement Settlement Agent for FICC and for the and C below, of the most significant obligations (to the extent that they are Members’ settling banks with respect to aspects of such statements. not handled by the Fedwire Securities GSD funds-only settlement and MBSD Service Automated Claims Adjustment cash settlement.16 In submitting the NSS (A) Clearing Agency’s Statement of the Process), and (d) other items, such as file, DTC, as Settlement Agent, submits Purpose of, and Statutory Basis for, the Factor Update Adjustments, CPR Claim instructions to cause the FRB accounts Proposed Rule Change payments and billing invoices and (2) of the settling banks to be charged for (1) Purpose the settlement associated with securities their net-net debit balances and credited The proposed rule change would add deliveries and related payment with their net-net credit balances. the Interpretive Guidance into the obligations. Members are required to engage a settling bank that meets FICC’s settling Rules, which would provide greater B. Point of Settlement Finality for GSD bank limited membership criteria to transparency to FICC Members relating Funds-Only Settlement and MBSD Cash effect money settlement via NSS on to settlement finality in the Rules. Settlement behalf of the Members.17 Each settling (i) Background 1. Funds-Only/Cash Settlement bank is required to acknowledge the FICC is a clearing agency registered Processes daily settlement balances and their with, and under the supervision of, the GSD funds-only settlement and MBSD intention to settle with FICC by the Commission and it is a ‘‘covered cash settlement are governed by GSD applicable deadlines or its refusal to clearing agency’’ under the Rule 13 and MBSD Rule 11, settle by the applicable deadlines.18 Commission’s Standards for Covered respectively,8 which require the settling Once a settling bank has acknowledged Clearing Agencies.6 Rule 17Ad–22(e)(8) banks to use the FRB’s 9 National the balances and its intention to settle, of the Act requires FICC to establish, Settlement Service (‘‘NSS’’) 10 to it must settle such amounts pursuant to implement, maintain and enforce complete GSD funds-only settlement the process set forth in the Rules by the written policies and procedures and MBSD cash settlement.11 payment deadline established by FICC reasonably designed to define the point GSD funds-only settlement and MBSD on FICC’s posted time schedules.19 at which settlement is final to be no cash settlement are each a daily process FICC processes GSD funds-only later than the end of the day on which of generating a net credit or debit cash settlement debit and credit payments the payment or obligation is due and, amount for each Member and settling via the NSS twice daily at 10:00 a.m. where necessary or appropriate, those cash amounts between Members and 3:15 p.m.20 FICC processes MBSD intraday or in real time.7 It is FICC’s and FICC. The GSD funds-only cash settlement debits via NSS in the policy to ensure that the point of settlement and MBSD cash settlement morning at 10:00 a.m. daily and settlement finality is defined in the processes are primarily cash pass- settlement credits via NSS in the Rules in compliance with Rule 17Ad– through processes; i.e., those Members afternoon at 2:45 p.m. daily.21 that are in a net debit position are 22(e)(8) of the Act and that the point of 2. Interpretive Guidance With Respect obligated to submit payments that are settlement finality is transparent to to Settlement Finality—Funds-Only/ then used to pay Members in a net FICC’s Members. The proposed rule Cash Settlement change would add the Interpretive credit position.12 Net debits and credits The point of finality for GSD funds- Guidance to the Rules to provide greater of all Members using the same settling 13 only settlement and MBSD cash transparency regarding settlement bank are further netted and reported settlement is defined by the Federal finality in the Rules. to the settling bank which is required to acknowledge the net-net debits or Reserve Bank Operating Circular 12,22 A. FICC Money and Securities credits.14 The settling banks then debit Settlement 15 Each Member is required to enter into a settling 8 GSD Rule 13 and MBSD Rule 11, supra note 5. bank agreement with the settling bank that settles Through GSD, FICC processes two its account. GSD Rule 13, Section 4 and MBSD Rule 9 FRB means the Board of Governors of the types of settlements: (1) The funds-only 3A, Section (a), supra note 5. In the settling bank Federal Reserve System and each Federal Reserve agreement, the settling bank undertakes to perform settlement process that consists of the Bank, as appropriate. GSD Rule 1 and MBSD Rule settlement services on behalf of the Member which transfer of cash for (a) changes in the 1, supra note 5. would include debiting or crediting the Member’s 10 value of securities when they are NSS is a multilateral settlement service owned account upon settlement. and operated by the FRB. The service is offered to marked to market, (b) cash adjustments 16 GSD Rule 13, Section 5(h) and MBSD Rule 11, depository institutions that settle for participants in Section 9(h), supra note 5. related to securities trades, (c) the pass- clearinghouses, financial exchanges and other 17 through of coupon payments for term clearing and settlement groups. Settlement agents, GSD Rule 13, Section 4(a) and MBSD Rule 3A, repurchase agreements (‘‘repos’’) or acting on behalf of those depository institutions in Section (a), supra note 5. 18 trade obligations that cross a coupon a settlement arrangement, electronically submit GSD Rule 13, Section 5(b) and MBSD Rule 11, settlement files to the FRB. Files are processed on Section 9(b), supra note 5. date, and (d) other items, such as billing receipt, and entries are automatically posted to the 19 GSD Rule 13, Section 5(g) and MBSD Rule 11, invoices and (2) the settlement process depository institutions’ FRB accounts. Section 9(g), supra note 5. associated with securities deliveries and 11 GSD Rule 13, Section 5(i) and MBSD Rule 11, 20 Schedule of Timeframes in the GSD Rules, related payment obligations. Section 9(i), supra note 5. supra note 5. Through MBSD, FICC processes two 12 Certain amounts, such as billing amounts owed 21 The schedule of funds only settlement for by Members to FICC, are credited and paid to FICC MBSD is posted on its website at http:// types of settlements: (1) The cash through the funds-only/cash settlement processes www.dtcc.com. See MBSD Rule 11, Section 9(g), rather than passed on to other Members. supra note 5. 6 See Standards for Covered Clearing Agencies, 13 GSD Rule 13, Sections 2 and 5(a) and MBSD 22 Federal Reserve Bank Operating Circular 12 Securities Exchange Act Release No. 78961, 81 FR Rule 11, Section 9(a), supra note 5. (Multilateral Settlement), Effective June 30, 2016 70786 (Oct. 13, 2016). 14 GSD Rule 13, Section 5(b) and MBSD Rule 11, (‘‘Operating Circular 12’’), available at https:// 7 17 CFR 240.17Ad–22(e)(8). Section 9(b), supra note 5. www.frbservices.org.

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which governs NSS processing by the 12 and MBSD Rule 9, respectively.27 (b) GCF Repo® Service and the CCIT FRB. FICC and each Member’s settling Settlement for securities deliveries and Service Settlement bank is a ‘‘Settler’’ and together are in related payment obligations occurs on a Settlement for securities deliveries a ‘‘Settlement Arrangement’’ (each term delivery-versus-payment basis on the and related payment obligations relating as defined in Operating Circular 12) for books of FICC’s clearing bank 28 or via to the GCF Repo® Service and the CCIT purposes of GSD funds-only settlement Fedwire Securities Service Service are governed by GSD Rule 20 23 and MBSD cash settlement. DTC, as (‘‘Fedwire’’).29 and GSD Rule 3B.35 FICC and each the Settlement Agent (as defined in the FICC designates a clearing bank to act Member settling transactions through Rules and in Operating Circular 12), the GCF Repo Service and CCIT Service provides the Settlement File (as defined on its behalf in the delivery and receipt of securities to or from the Members for maintain accounts at FICC’s designated in Operating Circular 12) to the FRB. clearing bank for settlement of securities securities settlement.30 FICC shall notify Each Settler maintains a Master Account deliveries and related payment each GSD Member and MBSD Member, (as defined in Operating Circular 12) obligations with respect to the GCF 24 with the FRB. The point of finality in as applicable, of the clearing bank or Repo Service and the CCIT Service.36 accordance with Operating Circular 12 banks that FICC will use to deliver Settlement for securities deliveries and is, for debits, the time at which the eligible securities to Members and to related payment obligations 37 for the Settler’s Master Account is debited by receive eligible securities from GCF Repo Service and the CCIT Service 25 the FRB, and, for credits, the time at Members, and by product, the types of occurs on the books of FICC’s which the Settler’s Master Account is securities that each such clearing bank designated clearing bank.38 credited by the FRB.26 will so deliver and receive.31 In turn, Therefore, the point of finality with each Member (prior to activating its 2. Interpretive Guidance With Respect to Settlement Finality—Settlement for respect to settlement for GSD funds-only membership) must notify FICC of the Securities Deliveries and Related settlement and MBSD cash settlement is clearing bank or banks that the Member the point at which each of the Master Payment Obligations has designated to act on its behalf in the Accounts for FICC and the settling delivery and receipt of securities to or Settlement for securities deliveries banks designated by each of the from FICC.32 Such designation is subject and related payment obligations occurs Members have been debited and (i) on the books of FICC’s designated credited through NSS pursuant to the to FICC’s determination that such clearing bank (a) has and will maintain clearing bank for each Member whose Settlement File provided by the designated clearing bank for such access to Fedwire, (b) has and will Settlement Agent. settlement is the same as FICC’s maintain the operational capability to C. Point of Finality for GSD and MBSD designated clearing bank and (ii) interact satisfactorily with the clearing through the Fedwire system, for each Settlement of Securities Deliveries and banks that act on behalf of FICC, and (c) Related Payment Obligations Member whose designated clearing bank has agreed to act on behalf of such for such settlement is not the same as 1. Securities Settlement Processes Member in accordance with the Rules.33 FICC’s designated clearing bank. (a) GSD Securities Settlement/MBSD If the Member’s designated clearing (a) Point of Finality on the Books of Securities Settlement bank for securities settlement is the FICC’s Clearing Bank same as FICC’s clearing bank, GSD and MBSD settlement for The point of finality relating to securities deliveries and related obligations for securities deliveries and related payment obligations will be settlement of securities deliveries and payment obligations (other than GCF related payment obligations that occurs Repo Transactions and CCIT settled for a Member on the books of FICC’s designated clearing bank. If the Transactions) are governed by GSD Rule 35 The GCF Repo service is primarily governed by Member’s designated clearing bank is GSD Rule 20 and enables Netting Members to trade 23 For purposes of Operating Circular 12, the not the same as FICC’s clearing bank, general collateral finance repurchase agreement following definitions apply: obligations for securities deliveries and transactions based on rate, term, and underlying ‘‘Balance’’ means the amount listed on a product throughout the day with brokers on a blind Settlement File that a Settler owes (debit Balance) related payment obligations will be basis. GSD Rule 20, supra note 5. The CCIT Service or is due (credit Balance) as a result of the clearing settled between the clearing banks using is governed by GSD Rule 3B and enables tri-party activities of the Settlement Arrangement. Fedwire. All deliveries are made against repurchase agreement transactions in GCF Repo Securities between Netting Members that ‘‘Master Account’’ means the Master Account (as full payment.34 that term is defined in the Reserve Banks’ Operating participate in the GCF Repo Service and Circular 1, Account Relationships) of a Settler on institutional cash lenders (other than investment the books of a Reserve Bank. 27 GSD Rule 12 and MBSD Rule 9, supra note 5. companies registered under the Investment Company Act of 1940, as amended). GSD Rule 3B, ‘‘Settler’’ means an entity that has established an 28 FICC currently uses The Bank of New York supra note 5. Section 11 of GSD Rule 3B provides account with a Reserve Bank and settles its own Mellon (‘‘BNY Mellon’’) as its clearing bank for this that GSD Rule 20 shall apply to the netting and Balances, settles Balances for the account of another purpose. settlement obligations of FICC and each party to a Participant, or both. 29 Fedwire Securities Service is an electronic CCIT Transaction in the same way in which such ‘‘Settlement Agent’’ means the entity authorized securities service owned and operated by the FRB provisions apply to GCF Repo Transactions. GSD to act on behalf of the Settlers under Operating that provides issuance, maintenance, transfer and Rule 3B, Section 11, supra note 5. Circular 12. settlement services for all marketable U.S. Treasury 36 See GSD Rule 3B, Section 9(b), supra note 5 ‘‘Settlement File’’ means the instructions securities, as well as certain securities issued by (requiring each CCIT Member to maintain two submitted by a Settlement Agent showing the debit other federal government agencies, government- accounts at the GCF Clearing Agent Bank, one of and credit Balances of the Settlers. sponsored enterprises and international which, the CCIT Account, is for the CCIT Member’s See Section 1.2 of Operating Circular 12, supra organizations. See https://frbservices.org/financial- activity in respect of CCIT Transactions). note 22. See also Federal Reserve Banks Operating services/securities/index.html. 37 GSD Rule 3B, Section 13 provides that certain Circular 1 (Account Relationships), Effective 30 payment obligations relating to CCIT Transactions February 1, 2013, available at https:// GSD Rule 12, Section 2 and MBSD Rule 9, Section 2, supra note 5. are processed pursuant to GSD funds-only www.frbservices.org. settlement described in Item II.(A)(1)(i)B. above. See 31 Id. 24 See id. GSD Rule 3B, Section 13, supra note 5. 32 25 See Section 5.4 of Operating Circular 12, supra Id. 38 The clearing bank for this purpose is defined note 22. 33 Id. as the GCF Clearing Agent Bank. See GSD Rule 3B 26 See Section 5.6 of Operating Circular 12, supra 34 GSD Rule 12, Section 1 and MBSD Rule 9, and GSD Rule 20, supra note 5. FICC currently uses note 22. Section 1, supra note 5. BNY Mellon as the GCF Clearing Agent Bank.

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on the books of FICC’s clearing bank is Circular No. 7,39 which governs book securities and related funds on behalf of the point at which FICC’s clearing bank entry security account maintenance and FICC and each Member, respectively, has acted upon a settlement instruction transfers. FICC’s clearing bank and each are the Senders and Receivers described from FICC. Member’s clearing bank is a in Operating Circular 7. Therefore, the Pursuant to the agreement between ‘‘Participant’’ and maintains a point of finality of settlement of FICC and FICC’s clearing bank, a ‘‘Securities Account’’ and a ‘‘Master securities deliveries and related settlement instruction is an instruction Account’’ with the FRB (each term as payment obligations is when each of the by FICC to the clearing bank in respect defined in Operating Circular 7).40 Securities Accounts and the Master of settlement that: (1)(a) Instructs the Operating Circular 7 states that Accounts of the clearing banks clearing bank to direct delivery, from ‘‘[u]nless a Transfer is rejected in designated by FICC and each of the the FICC account to the Member accordance with this Circular, all debits Members have been debited and account(s) designated in such settlement and credits in connection with a credited through the Fedwire system in instruction, of securities specified for Transfer become final at the time the accordance with the settlement each such Member account and (b) debits and credits are posted to the instructions provided by FICC.42 specifies the dollar amounts that the Sender’s and Receiver’s Securities (ii) Description of the Proposed Rule clearing bank is simultaneously to take Accounts and, in case of Transfer Change collection of from each of the respective Against Payment, their corresponding Member accounts designated in the Master Accounts.’’ 41 For purposes of In order to provide Members greater settlement instruction for the FICC settlement of securities deliveries and transparency regarding settlement account; or (2)(a) instructs the clearing related payment obligations, the finality, FICC is proposing to amend the bank to direct payment, from the FICC clearing banks designated by FICC and Rules to include the Interpretive account to the designated Member each Member to deliver and receive Guidance. The Interpretive Guidance account(s), of the dollar amounts would describe settlement finality as set specified in the settlement instruction 39 Federal Reserve Banks Operating Circular 7 forth above in Items II.(A)(1)(i)B.2. and for each such Member account and (b) (Book-Entry Securities Account Maintenance and II.(A)(1)(i)C.2. above. specifies the securities that the clearing Transfer Services), Effective October 29, 2017 (‘‘Operating Circular 7’’), available at https:// (2) Statutory Basis bank is simultaneously to take receipt of www.frbservices.org. 43 from each of the Member accounts 40 For purposes of Operating Circular 7, the Section 17A(b)(3)(F) of the Act designated in the settlement instruction following definitions apply: requires, in part, that the Rules be for the FICC account. ‘‘Book-Entry Security’’ means a marketable designed to promote the prompt and FICC’s clearing bank has acted upon security issued in electronic form by the United accurate clearance and settlement of States Government (the ‘‘Treasury’’), any agency or securities transactions. The proposed such instructions when the clearing instrumentality thereof, certain international bank (i)(a) directs delivery, from the organizations, or others, that the Reserve Banks rule change would provide additional FICC account to the Member account(s) have determined is eligible to be held in a transparency to FICC Members designated in such settlement Securities Account and is eligible for Transfer. regarding settlement finality with instruction, of securities specified for ‘‘Free Transfer’’ means a Transfer that does not respect to securities transactions involve any credit or debit to a Master Account each such Member account and (b) other than a transaction fee. processed through FICC. Accordingly, simultaneously collects the dollar ‘‘Master Account’’ means a ‘‘Master Account’’ (as the proposed rule change would ensure amounts from each of the respective defined in the Reserve Banks’ Operating Circular 1, that the Rules are transparent and clear, Member accounts designated in the Account Relationships) on the books of a Reserve which would enable all stakeholders to settlement instruction for the FICC Bank. A Master Account is a Funds Account for readily understand their respective purposes of the regulations listed in Appendix A of account; or (ii)(a) directs payment, from Operating Circular 7. A Master Account does not rights and obligations in connection the FICC account to the designated contain Book-Entry Securities. with FICC’s clearance and settlement of Member account(s), of the dollar ‘‘Participant’’ means an entity that maintains a securities transactions. Therefore, FICC amounts specified in the settlement Securities Account with a Reserve Bank in the believes that the proposed rule change instruction for each such Member entity’s name. would promote the prompt and accurate ‘‘Receiver’’ means the Participant receiving a account and (b) simultaneously takes Book-Entry Security as a result of a Transfer. clearance and settlement of securities receipt of securities from each of the ‘‘Securities Account’’ means an account at a transactions, consistent with Section Member accounts designated in the Reserve Bank containing Book-Entry Securities. 17A(b)(3)(F) of the Act.44 settlement instruction for the FICC ‘‘Sender’’ means the Participant sending a Rule 17Ad–22(e)(8) under the Act 45 account. Transfer Message. requires FICC to establish, implement, ‘‘Transfer’’ means the electronic movement over maintain and enforce written policies Therefore, the point of finality of the Fedwire® Securities Service of a par amount of settlement of securities deliveries and Book-Entry Securities by debit to the designated and procedures reasonably designed to related payment obligations that occur Securities Account of the Sender and by credit to define the point at which settlement is on the books of FICC’s clearing bank is the designated Securities Account of the Receiver, final to be no later than the end of the or by debit to one Securities Account of a day on which the payment or obligation when each of the accounts held by FICC Participant and credit to another Securities Account and the Members at the clearing bank of that same Participant, in which case that is due and, where necessary or for purposes of securities settlement Participant is both a Sender and a Receiver. A have been debited and credited in Transfer is either a Free Transfer or a Transfer 42 Each Business Day, FICC makes available to accordance with the settlement Against Payment. each Member a Report that provides settlement ‘‘Transfer Against Payment’’ means a Transfer information that FICC deems sufficient to enable instructions provided by FICC. that is effected with a credit to the Master Account each such Member to be able to settle its securities (b) Point of Finality on the Fedwire of the Sender and a debit to the Master Account of deliveries and related payment obligations and each the Receiver, for the amount of the payment. Member is obligated to provide the appropriate System ‘‘Transfer Message’’ means an instruction of a instructions to its clearing bank to deliver and/or The point of finality relating to Participant to a Reserve Bank to effect a Transfer. receive securities and related payments as set forth in the Report. GSD Rule 12, Section 3 and MBSD settlement of securities deliveries and See Operating Agreement Circular 7, Section 3.0, supra note 39. Rule 9, Section 3, supra note 5. related payment obligations that occurs 41 Operating Circular 7, Section 9.1.1, supra note 43 15 U.S.C. 78q–1(b)(3)(F). through the Fedwire system is defined 39. Capitalized terms are defined as set forth in 44 Id. by the Federal Reserve Banks Operating Operating Circular 7. See supra note 40. 45 17 CFR 240.17Ad–22(e)(8).

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appropriate, intraday or in real time. change is consistent with the Act. SECURITIES AND EXCHANGE The proposed rule change to add the Comments may be submitted by any of COMMISSION Interpretive Guidance would enhance the following methods: [Release No. 34–88279; File No. SR– the transparency with respect to the Electronic Comments CboeBZX–2020–017] point at which settlement is final with • respect to transactions processed Use the Commission’s internet Self-Regulatory Organizations; Cboe through FICC. Having clear provisions comment for (http://www.sec.gov/rules/ BZX Exchange, Inc.; Notice of Filing in this regard would enable FICC sro.shtml); or • and Immediate Effectiveness of a Members to better identify the point at Send an email to rule-comments@ Proposed Rule Change To Codify the which settlement is final with respect to sec.gov. Please include File Number SR– Cancel Back Order Type and To Add their cash and securities transactions. FICC–2020–001 on the subject line. That the Post Only Order Designated As such, FICC believes the proposed Paper Comments as Cancel Back May Remove Liquidity rule change is consistent with Rule • Pursuant to Exchange Rule 21.1 17Ad–22(e)(8) of the Act.46 Send paper comments in triplicate to Secretary, Securities and Exchange February 25, 2020. (B) Clearing Agency’s Statement on Commission, 100 F Street NE, Pursuant to Section 19(b)(1) of the Burden on Competition Washington, DC 20549. Securities Exchange Act of 1934 (the FICC does not believe that the All submissions should refer to File ‘‘Act’’),1 and Rule 19b–4 thereunder,2 proposed rule change would impact Number SR–FICC–2020–001. This file notice is hereby given that on February competition.47 The proposed rule number should be included on the 12, 2020, Cboe BZX Exchange, Inc. (the change would provide interpretive subject line if email is used. To help the ‘‘Exchange’’ or ‘‘BZX’’) filed with the guidance with respect to settlement Commission process and review your Securities and Exchange Commission finality relating to transactions comments more efficiently, please use (the ‘‘Commission’’) the proposed rule processed through FICC. The proposed only one method. The Commission will change as described in Items I, II, and rule change would not change current post all comments on the Commission’s III below, which Items have been practices of FICC and would not affect internet website (http://www.sec.gov/ prepared by the Exchange. The FICC Members’ rights or obligations. As rules/sro.shtml). Copies of the Exchange filed the proposal as a ‘‘non- such, FICC believes that the proposed submission, all subsequent controversial’’ proposed rule change rule change would not impact FICC amendments, all written statements pursuant to Section 19(b)(3)(A)(iii) of Members or have any impact on with respect to the proposed rule the Act 3 and Rule 19b–4(f)(6) competition. change that are filed with the thereunder.4 The Commission is Commission, and all written publishing this notice to solicit (C) Clearing Agency’s Statement on communications relating to the comments on the proposed rule change Comments on the Proposed Rule proposed rule change between the from interested persons. Change Received From Members, Commission and any person, other than Participants, or Others those that may be withheld from the I. Self-Regulatory Organization’s FICC has not received or solicited any public in accordance with the Statement of the Terms of Substance of written comments relating to this provisions of 5 U.S.C. 552, will be the Proposed Rule Change proposal. FICC will notify the available for website viewing and Cboe BZX Exchange, Inc. (the Commission of any written comments printing in the Commission’s Public ‘‘Exchange’’ or ‘‘BZX’’) proposes to received by FICC. Reference Room, 100 F Street NE, codify the Cancel Back order type and Washington, DC 20549 on official amend the Post Only order instructions III. Date of Effectiveness of the business days between the hours of that may remove liquidity pursuant to Proposed Rule Change, and Timing for 10:00 a.m. and 3:00 p.m. Copies of the Rule 21.1. The text of the proposed rule Commission Action filing also will be available for change is provided in Exhibit 5. The foregoing rule change has become inspection and copying at the principal The text of the proposed rule change effective pursuant to Section office of FICC and on DTCC’s website is also available on the Exchange’s 19(b)(3)(A) 48 of the Act and paragraph (http://dtcc.com/legal/sec-rule- website (http://markets.cboe.com/us/ (f) 49 of Rule 19b–4 thereunder. At any filings.aspx). All comments received equities/regulation/rule_filings/bzx/), at time within 60 days of the filing of the will be posted without change. Persons the Exchange’s Office of the Secretary, proposed rule change, the Commission submitting comments are cautioned that and at the Commission’s Public summarily may temporarily suspend we do not redact or edit personal Reference Room. such rule change if it appears to the identifying information from comment II. Self-Regulatory Organization’s Commission that such action is submissions. You should submit only Statement of the Purpose of, and necessary or appropriate in the public information that you wish to make Statutory Basis for, the Proposed Rule interest, for the protection of investors, available publicly. All submissions Change or otherwise in furtherance of the should refer to File Number SR–FICC– purposes of the Act. 2020–001 and should be submitted on In its filing with the Commission, the or before March 23, 2020. Exchange included statements IV. Solicitation of Comments concerning the purpose of and basis for For the Commission, by the Division of Interested persons are invited to Trading and Markets, pursuant to delegated the proposed rule change and discussed submit written data, views and authority.50 any comments it received on the arguments concerning the foregoing, J. Matthew DeLesDernier, proposed rule change. The text of these including whether the proposed rule statements may be examined at the Assistant Secretary.

46 Id. [FR Doc. 2020–04186 Filed 2–28–20; 8:45 am] 1 15 U.S.C. 78s(b)(1). 47 15 U.S.C. 78q–1(b)(3)(I). BILLING CODE 8011–01–P 2 17 CFR 240.19b–4. 48 15 U.S.C. 78s(b)(3)(A). 3 15 U.S.C. 78s(b)(3)(A)(iii). 49 17 CFR 240.19b–4(f). 50 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6).

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places specified in Item IV below. The proposes to codify the existing Cancel entering the order (i.e., if the value of Exchange has prepared summaries, set Back instruction in proposed Rule price improvement associated with such forth in sections A, B, and C below, of 21.1(m). The proposed definition is execution equals or exceeds the sum of the most significant aspects of such consistent (save for the provision in fees charged for such execution and the statements. connection with Post Only—Cancel value of any rebate that would be Back instructions, as described in provided if the order posted to the BZX A. Self-Regulatory Organization’s greater detail below) with the Options Book and subsequently Statement of the Purpose of, and corresponding definitions of a Cancel provided liquidity).11 Thus, an Statutory Basis for, the Proposed Rule Back order under the rules of the executable order entered with a Post Change Exchange’s affiliated exchanges, Cboe Only instruction is eligible to remove 1. Purpose EDGX Exchange, Inc. (‘‘EDGX Options’’) liquidity instead of having its display- 9 The Exchange proposes to codify the and Cboe C2 Exchange, Inc. (‘‘C2’’). As price adjusted pursuant to those order Cancel Back order type, which is a proposed, a Cancel Back order is an handling instructions. The Exchange 10 System 5 functionality already in place order (including bulk messages) a notes that the purpose of the display- and currently available to Users today. User designates to not be subject to the price sliding instruction is to ensure In addition, the Exchange proposes to display-price sliding process or the compliance with the linkage rules like add that a Post Only order designated as Price Adjust process that the System that of a Cancel Back instruction. The Cancel Back may, in addition to Post cancels or rejects (immediately at the Exchange now proposes to amend Rule Only orders designated as a display- time the System receives the order or 21.1(d)(8) to make it explicit that a Post price sliding order,6 remove liquidity. upon return to the System after being Only order with a Cancel Back First, the System currently offers routed away) if displaying the order on instruction may also be eligible to ‘‘Cancel Back’’ functionality for Users’ the Book would create a violation of remove liquidity instead of being orders, which is not currently defined in Rule 27.3 (Locked and Crossed cancelled or rejected back to the User in the Rules. Specifically, the functionality Markets), or if the order cannot certain circumstances. The Exchange operates so that when a User designates otherwise be executed or displayed in believes that removal of liquidity in an order not to be subject to the display- the BZX Options Book at its limit price. these circumstances would be price sliding process or Price Adjust The System executes a Book Only— economically beneficial to Users that process,7 then the order is subject to the Cancel Back order against resting orders. submit Post Only—Cancel Back orders, Cancel Back instruction (note that an The Exchange notes that pursuant to the in that, instead of being cancelled or order will always include a Price Book Only instruction, an order or bulk rejected back to the User upon locking Adjust, display-price sliding, or Cancel message may not route away to another or crossing the market, a Post Only— Back instruction). A Cancel Back order Exchange. Therefore, if an incoming Cancel Back order would have the is immediately cancelled instead of re- Book Only order designated as Cancel opportunity to execute at an improved priced when displaying the order at its Back locked or crossed an away market price while contributing to liquidity and limit price would create a violation of (i.e., the ABBO), the System would the price discovery process on the the linkage rules.8 The Exchange also execute it to the extent it could against Exchange. The Exchange notes that this notes that Rule 21.6(f) provides contra-side interest on the Exchange at is consistent with the price affirmative instruction consistent with prices the same as or better than the improvement opportunities currently Cancel Back functionality as it ABBO in accordance with the linkage provided for a locking or crossing Post specifically provides that an order rules. The System would then cancel it Only order subject to the display-price entered with a price that would lock or (or the remaining portion) to prevent a sliding process, instead of having its cross a Protected Quotation of another violation of Rule 27.3 of the intermarket display-price adjusted. Users who wish options exchange that is not eligible for linkage rules. for their Post Only orders to post to the either routing, the display-price sliding The proposed Cancel Back order Book and forego the opportunity to definition also provides that the System process, or the Price Adjust process will remove liquidity upon entry under Rule executes a Post Only—Cancel Back be cancelled. The Exchange now 21.1(d)(8) may continue to do so by order as set forth in Rule 21.1(d)(8) (as electing that the Post Only order be proposed). In particular, Rule 21.1(d)(8) 5 The ‘‘System’’ is the automated trading system subject to the Price Adjust process. As used by BZX Options for the trading of options currently defines a Post Only order as indicated above, this proposed contracts. See Rule 21.1(a). an order to be ranked and executed on description of a Post Only—Cancel Back 6 See Rule 21.1(h), which states that, unless a the Exchange or cancelled, as order in proposed Rule 21.1(m) is unlike User enters instructions for an order (including a appropriate, without routing away to the description of a Post Only—Cancel bulk message) to not be subject to the display-price sliding process in this paragraph (h), an order another options exchange and will not Back order on the Exchange’s affiliated (including a bulk message) that, at the time of entry, remove liquidity from the BZX Options options exchanges, C2 and EDGX would lock or cross a Protected Quotation of Book unless it is subject to the display- Options, which cancel or reject a Post another options exchange will be ranked at the price sliding process and executing Only—Cancel Back order that locks or locking price in the BZX Options Book and against on order on the Book would be displayed by the System at one minimum price crosses the respective exchange’s best variation below the current NBO (for bids) or to one economically beneficial to the User bid or offer, as their rules do not minimum price variation above the current NBB currently offer the same price (for offers) (‘‘display-price sliding’’). 9 See EDGX Options Rule 21.1(l) and C2 Rule improvement opportunity 7 See Rule 21.1(i), which states that an order that, 6.10(c). (opportunities, as proposed) for their 10 at the time of entry, would lock or cross a Protected Bulk messages allow Users to enter, modify or 12 Quotation of another options exchange or the cancel up to an Exchange-specified number of bids Post Only orders. Exchange will be ranked and displayed by the and offers in a single message. Therefore, a Cancel System at one minimum price variation below the Back designation for a bulk message applies to all 11 See Rule 21.1(h)(4). Any Post Only Order current NBO (for bids) or to one minimum price bulk message bids and offers within a single subject to the display-price sliding process that variation above the current NBB (for offers) (‘‘Price message. The System handles bulk message bids locks or crosses a Protected Quotation displayed by Adjust’’). and offers in the same manner as it handles an the Exchange upon entry will be executed as set 8 See Chapter XXVII of the Rules. See also order, or quote if submitted by a Market Maker, forth in Rule 21.1(d)(8) or cancelled. Options Order Protection and Locked/Crossed unless the Rules specify otherwise. See Rule 12 See EDGX Options Rule 21.1(d)(8) and C2 Rule Market Plan (the ‘‘Linkage Plan’’). 21.1(l)(3). 6.10(c).

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Additionally, the Exchange proposes Section 6(b) of the Act.13 Specifically, entered with a Post Only—Cancel Back to amend Rule 21.1(h)(4), which the Exchange believes the proposed rule instruction to remove liquidity when describes the display-price sliding change is consistent with the Section executing as the taker of liquidity would process as it applies to Post Only orders, 6(b)(5) 14 requirements that the rules of be economically beneficial to a User. to provide additional clarity within the an exchange be designed to prevent This handling is designed to ensure that Rule. Currently, Rule 21.1(h)(4) fraudulent and manipulative acts and orders entered with a Post Only provides that any Post Only Order practices, to promote just and equitable instruction are eligible to trade in subject to the display-price sliding principles of trade, to foster cooperation certain circumstances where the User process described in this paragraph (h) and coordination with persons engaged may have an interest in securing an that locks or crosses a Protected in regulating, clearing, settling, execution on entry (i.e., as the taker of Quotation displayed by the Exchange processing information with respect to, liquidity) notwithstanding a Post Only upon entry will be executed as set forth and facilitating transactions in instruction. The Exchange does not in Rule 21.1(d)(8) or cancelled. A Post securities, to remove impediments to believe that the proposed change would Only bulk message that locks or crosses and perfect the mechanism of a free and raise any new or novel issues for market a Protected Quotation displayed by the open market and a national market participants, as the System currently Exchange upon entry will be cancelled. system, and, in general, to protect allows for Post Only orders subject to Any Post Only Order that locks or investors and the public interest. the display-price sliding process, an crosses a Protected Quotation displayed Additionally, the Exchange believes the instruction similarly designed to ensure by an external market upon entry will proposed rule change is consistent with compliance with the linkage rules, to be subject to the display-price sliding the Section 6(b)(5) 15 requirement that remove liquidity when economically process described in this paragraph (h). the rules of an exchange not be designed beneficial to the User. The Exchange The Exchange now proposes to to permit unfair discrimination between also believes that the proposed rule restructure the paragraph language so customers, issuers, brokers, or dealers. change will present Users with that it reads in a more uniform and In particular, the Exchange believes increased trading opportunities at explanatory manner that is easier to the proposed definition of Cancel Back multiple price points, which will follow. Specifically, the Exchange orders will provide additional potentially encourage the provision of proposes to amend the rule to first transparency within the Rules and more liquidity to the market to interact provide for the manner in which a Post facilitate better understanding for with such orders. As a result, the Only order that is subject to the display- market participants regarding their Exchange believes that the proposed price sliding process will be handled if flexibility to designate orders as Cancel rule change is reasonably designed to it either locks or crosses a Protected Back, as an alternative manner to facilitate the mechanism of price Quotation displayed by the Exchange or comply with the linkage rules. The discovery and enhance competition and by an away market. The description of Exchange believes that the proposed overall market quality on the Exchange how a Post Only order subject to the rule change serves to remove to the benefit of all investors. display price-sliding message will be impediments to and perfect the The Exchange also believes that the handled if it locks or crosses an away mechanism of a free and open market proposed change to the provision market is already in this provision, the and a national market system because regarding Post Only orders subject to the Exchange is merely proposing to move this change provides Users with Rules display-price sliding process will this clause into the same sentence that that clearly delineate an additional User provide market participants with describes how such an order is handled flexibility regarding how they may additional clarity within the rules upon locking or crossing the Book. As instruct the System to handle their thereby facilitating increased indicated above, this provision then orders (i.e., designating their orders as understanding of the Exchange Rules. goes on to describe the manner in which Cancel Back by specifying that their By making this provision easier to a Post Only bulk message that is subject orders are not subject to Price Adjust or follow and understand the proposed to the display-price sliding process will display-price sliding). The Exchange rule change serves to remove be handled if it locks or crosses a also notes that permitting Users to elect impediments to and perfect the Protected Quotation displayed by the that their orders to be treated as Cancel mechanism of a free and open market Exchange. The Exchange proposes to Back is an additional way to ensure and national market system and benefit also add to this clause the description compliance with the linkage rules, market participants. As noted, the of how a Post Only bulk message subject thereby protecting investors and the proposed rule change is not of a to the display-price sliding process will public interest. The Exchange also substantive nature, as it merely be handled if it locks or crosses a believes that this change is generally reorganizes the provision and adds an Protected Quotation displayed by an consistent with the Cancel Back order handling explanation that already external market—to which, according to definitions under the rules of the applies and is provided within the Rule 21.1(h)(1), the System would apply Exchange’s affiliated exchanges, EDGX general display-price sliding rule. the display-price sliding process. The Options and C2.16 The Exchange B. Self-Regulatory Organization’s Exchange notes that it does not make believes that generally mirroring the Statement on Burden on Competition any substantive changes to Rule corresponding rule language of its 21.1(h)(4), but merely amends the rule affiliates will provide better The Exchange does not believe that to provide additional clarity and understanding for Users that participate the proposed rule change will impose enhanced explanation within the Rule. across the affiliated exchanges. any burden on competition that is not necessary or appropriate in furtherance 2. Statutory Basis Moreover, the Exchange believes that it is consistent with just and equitable of the purposes of the Act. The The Exchange believes the proposed principles of trade to permit an order Exchange does not believe the proposed rule change is consistent with the rule change will impose any burden on Securities Exchange Act of 1934 (the 13 15 U.S.C. 78f(b). intramarket competition that is not ‘‘Act’’) and the rules and regulations 14 15 U.S.C. 78f(b)(5). necessary or appropriate in furtherance thereunder applicable to the Exchange 15 Id. of the purposes of the Act, because all and, in particular, the requirements of 16 See supra note 8. Users would be able to designate their

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orders as Cancel Back orders, including C. become operative for 30 days from Reference Room, 100 F Street NE, Post Only orders. Cancel Back orders of the date on which it was filed, or such Washington, DC 20549 on official all Users will be handled in the same shorter time as the Commission may business days between the hours of manner. Additionally, all Post Only— designate, it has become effective 10:00 a.m. and 3:00 p.m. Copies of the Cancel Back orders that would remove pursuant to Section 19(b)(3)(A) of the filing also will be available for liquidity will be handled in the same Act 17 and Rule 19b–4(f)(6) 18 inspection and copying at the principal manner pursuant to the proposed rule thereunder. At any time within 60 days office of the Exchange. All comments change. Further, the use of the Cancel of the filing of the proposed rule change, received will be posted without change. Back instruction and/or the Post Only— the Commission summarily may Persons submitting comments are Cancel Back designation is voluntary temporarily suspend such rule change if cautioned that we do not redact or edit and all Users may, instead, elect for it appears to the Commission that such personal identifying information from their orders to be subject to the display- action is necessary or appropriate in the comment submissions. You should price sliding process or the Price Adjust public interest, for the protection of submit only information that you wish process (specifically, if they wish for investors, or otherwise in furtherance of to make available publicly. All their Post Only orders not to remove the purposes of the Act. If the submissions should refer to File liquidity). Commission takes such action, the Number SR–CboeBZX–2020–017 and The Exchange does not believe the Commission will institute proceedings should be submitted on or before March proposed rule change will impose any to determine whether the proposed rule 23, 2020. burden on intermarket competition that change should be approved or For the Commission, by the Division of is not necessary or appropriate in disapproved. Trading and Markets, pursuant to delegated furtherance of the purposes of the Act. authority.19 IV. Solicitation of Comments First, the Cancel Back instruction is J. Matthew DeLesDernier, functionality currently available and Interested persons are invited to Assistant Secretary. submit written data, views, and contemplated by the Rules. The [FR Doc. 2020–04187 Filed 2–28–20; 8:45 am] instruction is intended as an additional arguments concerning the foregoing, BILLING CODE 8011–01–P order mechanism to ensure compliance including whether the proposed rule with the linkage rules that provides change is consistent with the Act. Users with additional flexibility with Comments may be submitted by any of SECURITIES AND EXCHANGE respect to handling their orders. Second, the following methods: COMMISSION the proposed rule change to allow Post Electronic Comments Only—Cancel Back orders to remove [Release No. 34–88282; File No. SR– • liquidity pursuant to Rule 21.1(d)(8) Use the Commission’s internet NASDAQ–2020–010] comment form (http://www.sec.gov/ does not impact intermarket Self-Regulatory Organizations; The competition as Post Only orders (with rules/sro.shtml); or • Send an email to rule-comments@ Nasdaq Stock Market LLC; Notice of any additional instruction), by Filing and Immediate Effectiveness of definition, do not route away to other sec.gov. Please include File Number SR– CboeBZX–2020–017 on the subject line. Proposed Rule Change To Amend options exchanges. To the extent that General 9, Section 1, Titled General the proposed changes make BZX Paper Comments Standards Options a more attractive marketplace • Send paper comments in triplicate for market participants at other February 25, 2020. to Secretary, Securities and Exchange exchanges, such market participants are Pursuant to Section 19(b)(1) of the Commission, 100 F Street NE, welcome to become BZX Options Securities Exchange Act of 1934 Washington, DC 20549–1090. market participants. Additionally, the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange notes that the proposed rule All submissions should refer to File notice is hereby given that on February change to the rule governing Post Only Number SR–CboeBZX–2020–017. This 19, 2020, The Nasdaq Stock Market LLC orders subject to the display-price file number should be included on the (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the sliding process would not impose any subject line if email is used. To help the Securities and Exchange Commission burden on competition as the proposed Commission process and review your (‘‘Commission’’) the proposed rule changes are nonsubstantive and serve comments more efficiently, please use change as described in Items I and II only to add clarity to the rule and make only one method. The Commission will below, which Items have been prepared it easier to follow and understand. post all comments on the Commission’s by the Exchange. The Commission is internet website (http://www.sec.gov/ publishing this notice to solicit C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the comments on the proposed rule change Statement on Comments on the submission, all subsequent from interested persons. Proposed Rule Change Received From amendments, all written statements Members, Participants, or Others with respect to the proposed rule I. Self-Regulatory Organization’s The Exchange neither solicited nor change that are filed with the Statement of the Terms of Substance of received comments on the proposed Commission, and all written the Proposed Rule Change rule change. communications relating to the The Exchange proposes to amend proposed rule change between the General 9, Section 1, titled ‘‘General III. Date of Effectiveness of the Commission and any person, other than Standards.’’ Proposed Rule Change and Timing for those that may be withheld from the The text of the proposed rule change Commission Action public in accordance with the is available on the Exchange’s website at Because the foregoing proposed rule provisions of 5 U.S.C. 552, will be http://nasdaq.cchwallstreet.com, at the change does not: available for website viewing and principal office of the Exchange, and at A. Significantly affect the protection printing in the Commission’s Public of investors or the public interest; 19 17 CFR 200.30–3(a)(12). B. impose any significant burden on 17 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). competition; and 18 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4.

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the Commission’s Public Reference objectives of Section 6(b)(5) of the Act,7 A proposed rule change filed Room. in particular, in that it is designed to pursuant to Rule 19b–4(f)(6) under the promote just and equitable principles of Act 10 normally does not become II. Self-Regulatory Organization’s trade and to protect investors and the operative for 30 days after the date of its Statement of the Purpose of, and public interest by correcting its rules by 11 Statutory Basis for, the Proposed Rule filing. However, Rule 19b–4(f)(6)(iii) Change adding IM–2110–3 back into the Nasdaq permits the Commission to designate a Rulebook. The deletion of this rule was shorter time if such action is consistent In its filing with the Commission, the inadvertent. The Exchange did not with the protection of investors and the Exchange included statements intend to remove this rule which public interest. The Exchange has concerning the purpose of and basis for addresses the Exchange’s front running requested that the Commission waive the proposed rule change and discussed policy. The Exchange’s proposal is the 30-day operative delay so that the any comments it received on the consistent with the Act and will protect Exchange may immediately add an proposed rule change. The text of these investors and the public interest by inadvertently deleted rule back into the statements may be examined at the adding back a front running policy into Exchange rulebook and ensure places specified in Item IV below. The its Rules that was inadvertently deleted. continued compliance of the rule by Exchange has prepared summaries, set The front running policy is applicable to Exchange members. The Commission forth in sections A, B, and C below, of all members. The Exchange is not believes that waiving the 30-day the most significant aspects of such amending IM–2110–3 in any way. The operative delay is consistent with the statements. Exchange is correcting its rules by protection of investors and the public A. Self-Regulatory Organization’s adding IM–2110–3 back into the Nasdaq interest. Accordingly, the Commission Statement of the Purpose of, and Rulebook into the same location as an waives the 30-day operative delay and Statutory Basis for, the Proposed Rule identical rule is located within the BX designates the proposed rule change as Change Rules. operative upon filing.12 At any time within 60 days of the B. Self-Regulatory Organization’s 1. Purpose filing of the proposed rule change, the Statement on Burden on Competition The Exchange recently relocated Commission summarily may Nasdaq rules, including The Nasdaq The Exchange does not believe that temporarily suspend such rule change if Options Market LLC (‘‘NOM’’) rules, the proposed rule change will impose it appears to the Commission that such into a new Rulebook shell.3 In any burden on competition not action is necessary or appropriate in the relocating the Nasdaq Rulebook, IM– necessary or appropriate in furtherance public interest, for the protection of 2110–3 titled, ‘‘Front Running Policy’’ of the purposes of the Act. The investors, or otherwise in furtherance of was inadvertently deleted and not Exchange believes that restoring IM– the purposes of the Act. If the relocated. IM–2110–3 provided, 2110–3 in the Nasdaq Rules does not Commission takes such action, the ‘‘Nasdaq members and persons impose an undue burden on Commission shall institute proceedings associated with a member shall comply competition because the rule previously to determine whether the proposed rule with NASD Interpretive Material 2110– existed and is simply being relocated change should be approved or 3 as if such Rule were part of Nasdaq’s into the new Rulebook as originally disapproved. intended. rules.’’ IV. Solicitation of Comments This rule should have been relocated C. Self-Regulatory Organization’s Interested persons are invited to to General 9, Section 1(c), similar to the Statement on Comments on the manner in which an identical rule was submit written data, views, and Proposed Rule Change Received From arguments concerning the foregoing, relocated into the Nasdaq BX, Inc. Members, Participants, or Others (‘‘BX’’) Rulebook.4 At this time, the including whether the proposed rule Exchange proposes to relocate this rule No written comments were either change is consistent with the Act. into General 9, Section 1(c) similar to solicited or received. Comments may be submitted by any of the following methods: BX. The Exchange is not amending IM– III. Date of Effectiveness of the 2110–3 in any way. The Exchange is Proposed Rule Change and Timing for Electronic Comments correcting its rules by adding IM–2110– Commission Action • 3 back into the Nasdaq Rulebook into Use the Commission’s internet the same location as an identical rule is Because the foregoing proposed rule comment form (http://www.sec.gov/ located within the BX Rules. The change does not: (i) Significantly affect rules/sro.shtml); or • Exchange also proposes to re-letter the the protection of investors or the public Send an email to rule-comments@ current rule to accommodate the interest; (ii) impose any significant sec.gov. Please include File Number SR– addition of this rule.5 burden on competition; and (iii) become NASDAQ–2020–010 on the subject line. operative for 30 days from the date on Paper Comments 2. Statutory Basis which it was filed, or such shorter time The Exchange believes that its as the Commission may designate, it has • Send paper comments in triplicate proposal is consistent with Section 6(b) become effective pursuant to Section to Secretary, Securities and Exchange of the Act,6 in general, and furthers the 19(b)(3)(A) of the Act 8 and Rule 19b– Commission, 100 F Street NE, 4(f)(6) thereunder.9 Washington, DC 20549–1090. 3 See Securities Exchange Act Release No. 87778 (December 17, 2019), 84 FR 70590 (December 23, 7 15 U.S.C. 78f(b)(5). as designated by the Commission. The Exchange 2019) (SR–NASDAQ–2019–098). 8 15 U.S.C. 78s(b)(3)(A). has satisfied this requirement. 4 See Securities Exchange Act Release No. 87468 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 10 17 CFR 240.19b–4(f)(6). (November 5, 2019), 84 FR 61091 (November 12, 4(f)(6)(iii) requires a self-regulatory organization to 11 17 CFR 240.19b–4(f)(6)(iii). 2019) (SR–BX–2019–039). give the Commission written notice of its intent to 12 For purposes only of waiving the 30-day 5 The Exchange will also separately file another file the proposed rule change, along with a brief operative delay, the Commission also has rule change to amend other NASD Rule references description and text of the proposed rule change, considered the proposed rule’s impact on to the FINRA Rulebook. at least five business days prior to the date of filing efficiency, competition, and capital formation. See 6 15 U.S.C. 78f(b). of the proposed rule change, or such shorter time 15 U.S.C. 78c(f).

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All submissions should refer to File Commissioners, the Secretary to the 11, 2020, Cboe Exchange, Inc. Inc. (the Number SR–NASDAQ–2020–010. This Commission, and recording secretaries ‘‘Exchange’’ or ‘‘Cboe Options’’) filed file number should be included on the will attend the closed meeting. Certain with the Securities and Exchange subject line if email is used. To help the staff members who have an interest in Commission (the ‘‘Commission’’) the Commission process and review your the matters also may be present. proposed rule change as described in comments more efficiently, please use In the event that the time, date, or Items I and II below, which Items have only one method. The Commission will location of this meeting changes, an been prepared by the Exchange. The post all comments on the Commission’s announcement of the change, along with Exchange filed the proposal as a ‘‘non- internet website (http://www.sec.gov/ the new time, date, and/or place of the controversial’’ proposed rule change rules/sro.shtml). Copies of the meeting will be posted on the pursuant to Section 19(b)(3)(A)(iii) of submission, all subsequent Commission’s website at https:// the Act 3 and Rule 19b–4(f)(6) amendments, all written statements www.sec.gov. thereunder.4 The Commission is with respect to the proposed rule The General Counsel of the publishing this notice to solicit change that are filed with the Commission, or his designee, has comments on the proposed rule change Commission, and all written certified that, in his opinion, one or from interested persons. communications relating to the more of the exemptions set forth in 5 I. Self-Regulatory Organization’s proposed rule change between the U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) Statement of the Terms of Substance of Commission and any person, other than and (10) and 17 CFR 200.402(a)(3), the Proposed Rule Change those that may be withheld from the (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and public in accordance with the (a)(10), permit consideration of the Cboe Exchange, Inc. (the ‘‘Exchange’’ provisions of 5 U.S.C. 552, will be scheduled matters at the closed meeting. or ‘‘Cboe Options’’) proposes to amend available for website viewing and The subject matters of the closed Rules 4.13 and 5.31. The text of the printing in the Commission’s Public meeting will consist of the following proposed rule change is provided Reference Room, 100 F Street NE, topics: below. Institution and settlement of Washington, DC 20549, on official (additions are italicized; deletions are injunctive actions; business days between the hours of [bracketed]) 10:00 a.m. and 3:00 p.m. Copies of the Institution and settlement of filing also will be available for administrative proceedings; * * * * * inspection and copying at the principal Resolution of litigation claims; and Rules of Cboe Exchange, Inc. office of the Exchange. All comments Other matters relating to enforcement received will be posted without change. proceedings. * * * * * Persons submitting comments are At times, changes in Commission Rule 4.13. Series of Index Options cautioned that we do not redact or edit priorities require alterations in the (a) General. personal identifying information from scheduling of meeting agenda items that may consist of adjudicatory, (1)–(4) No change. comment submissions. You should (5) Method of Determining Day that submit only information that you wish examination, litigation, or regulatory matters. Exercise Settlement Value will be to make available publicly. All Calculated, Special Opening Quotation submissions should refer to File CONTACT PERSON FOR MORE INFORMATION: and Expiration Date and Last Trading Number SR–NASDAQ–2020–010 and For further information; please contact Day for Options on Volatility Indexes should be submitted on or before March Vanessa A. Countryman from the Office that Measure a 30-Day Volatility Period 23, 2020. of the Secretary at (202) 551–5400. (‘‘Volatility Index options’’). For the Commission, by the Division of Dated: February 26, 2020. (A) No change. Trading and Markets, pursuant to delegated Vanessa A. Countryman, (B) Special Opening Quotation. The 13 authority. Secretary. exercise settlement value of a Volatility J. Matthew DeLesDernier, [FR Doc. 2020–04296 Filed 2–27–20; 11:15 am] Index option for such purposes shall be Assistant Secretary. BILLING CODE 8011–01–P calculated by the Exchange as a Special Opening Quotation (SOQ) of the applicable Volatility Index using the [FR Doc. 2020–04184 Filed 2–28–20; 8:45 am] SECURITIES AND EXCHANGE sequence of opening prices of the BILLING CODE 8011–01–P COMMISSION options that comprise the Volatility Index[ ]. The opening price for any [Release No. 34–88281; File No. SR–CBOE– series in which there is no trade shall SECURITIES AND EXCHANGE 2020–013] be the average of that option’s bid price COMMISSION Self-Regulatory Organizations; Cboe and ask price (which ask price equals $0.05 if the series opens with Sunshine Act Meetings Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed unexecuted sell market orders) as determined at the opening of trading. TIME AND DATE: 2:00 p.m. on Wednesday, Rule Change To Amend Rules 4.13 and March 4, 2020. 5.31 Concerning the Modified Opening * * * * * PLACE: The meeting will be held at the Auction Process Rule 5.31. Opening Auction Process Commission’s headquarters, 100 F February 25, 2020. (a) Definitions. For purposes of the Street NE, Washington, DC 20549. Pursuant to Section 19(b)(1) of the opening auction process in this Rule STATUS: This meeting will be closed to Securities Exchange Act of 1934 (the 5.31, the following terms have the the public. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 meaning below. A term defined MATTERS TO BE CONSIDERED: notice is hereby given that on February elsewhere in the Rules has the same Commissioners, Counsel to the 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(iii). 13 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(6).

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meaning with respect to this Rule 5.31, the opening rotation process occurs as website (http://www.cboe.com/ unless otherwise defined below. set forth in paragraph (e) above, except AboutCBOE/CBOELegalRegulatory * * * * * the System performs the Maximum Home.aspx), at the Exchange’s Office of Composite Width Check and determines the Secretary, and at the Commission’s Opening Auction Updates the Opening Trade Price pursuant to Public Reference Room. The term ‘‘opening auction updates’’ this subparagraph ([5]6), in lieu of II. Self-Regulatory Organization’s means Exchange-disseminated messages subparagraphs (e)(1) and (2), Statement of the Purpose of, and that contain information regarding the respectively. Statutory Basis for, the Proposed Rule expected opening of a series based on (A) No change. Change orders and quotes in the Queuing Book (B) Opening Trade Price for the applicable trading session and, if Determination. After a series satisfies In its filing with the Commission, the applicable, the GTH Book, including the the Maximum Composite Width Check Exchange included statements expected opening price, the then- in subparagraph (A), if there are orders concerning the purpose of and basis for current cumulative size on each side at and quotes marketable against each the proposed rule change and discussed or more aggressive than the expected other at a price not outside the Opening any comments it received on the opening price, and whether the series Collar, the System determines the proposed rule change. The text of these would open (and any reason it would Opening Trade Price for the series. If statements may be examined at the not open pursuant to paragraphs (e) and there are no such orders or quotes, there places specified in Item IV below. The (j)([5]6) below). is no Opening Trade Price. Exchange has prepared summaries, set * * * * * (i) No change. forth in sections A, B, and C below, of (b)–(i) No change. (ii) If (a) the VMIM price is not the most significant aspects of such (j) Modified Opening Auction Process. outside the Opening Collar, (b) there statements. All provisions set forth above in this would be no unexecuted buy market A. Self-Regulatory Organization’s Rule 5.31 apply to the opening of SPX orders (or remaining portions), and (c) Statement of the Purpose of, and constituent option series for Regular there would be no unexecuted sell Trading Hours on exercise settlement Statutory Basis for, the Proposed Rule market orders (or remaining portions) Change value determination days, except as unless the low end of the Opening otherwise provided in this paragraph (j) Collar equals $0.05, [it]the VMIM price 1. Purpose (‘‘modified opening auction process’’). is the Opening Trade Price, and the The Exchange proposes to amend its The Exchange uses the opening trade System opens the series pursuant to Rules regarding the modified opening prices of SPX series that comprise the subparagraph (e)(3) above. auction process in no-bid series. Rule settlement strip (or the average of a (iii) If (a) the VMIM price is outside 5.31(j) describes the opening auction series’ opening bid and ask (which ask the Opening Collar, [or] (b) there would process for S&P 500 options (‘‘SPX’’) price equals $0.05 if the series opens be unexecuted buy market orders (or that are constituent option series 5 on with unexecuted sell market orders) if remaining portions), or (c) there would there is no opening trade in that series) exercise settlement value determination be unexecuted sell market orders (or days.6 All provisions set forth in Rule established by the modified opening remaining portions) and the low end of auction process to calculate the exercise 5.31 apply to the opening of SPX the Opening Collar is greater than $0.05, constituent option series for Regular or final settlement value, as applicable, the series does not open. The Queuing of expiring VIX derivatives. Trading Hours on exercise settlement Period for the series continues value determination days, except as (1)–(4) No change. (including the dissemination of opening (5) SPX Option Series Opening otherwise provided in Rule 5.31(j) (the auction updates) until [the VMIM price Sequence. On exercise settlement value ‘‘modified opening auction process’’), is not outside the Opening Collar]none determination days, following the which the Exchange uses in connection of the conditions in clauses (a) through opening trigger as set forth in with calculating exercise or final (c) are present, or the Exchange opens subparagraph (d)(1)(B), the System settlement values for VIX derivatives. the series pursuant to paragraph (h). initiates the opening rotation process for The Exchange uses the opening trade ([6]7) Opening Rotation Self-Trades. A SPX option series in the following prices of SPX option series that User may submit multiple orders and 7 sequence: comprise the settlement strip (or the (i) at-the-money (‘‘ATM’’) (including quotes in accordance with subparagraph (3) above. If, during the opening series 5.00 above or below, as 5 The term ‘‘constituent option series’’ means all applicable, the then-current index level) rotation, the System executes an order SPX (including SPXW) option series listed on the or quote of that User against another Exchange with the expirations the Exchange uses to and out-of-the-money (‘‘OTM’’) calculate the exercise or final settlement value of constituent series in order from closest order or quote of that User, the Exchange does not deem that fact alone the expiring VIX derivative on exercise settlement to furthest away from the ATM strike (if value determination days. The term ‘‘VIX a put and call are the same distance to cause these executions to be derivatives’’ means VIX options listed for trading on considered violations of Section 9(a)(1) the Exchange, VIX futures listed for trading on an away from the ATM strike, the System affiliated designated contract market, or over-the- opens them randomly); of the Exchange Act, and instead will evaluate other facts and circumstances. counter derivatives overlying VIX whose exercise or (ii) all other constituent series (i.e., in- final settlement values, as applicable, are calculated the-money constituent series) in order The Exchange reviews all activity, pursuant to, or by reference to, as applicable, the from closest to furthest away from the including these executions, during the modified opening auction process. See Rule 5.31(j)(1). ATM strike (if a put and call are the modified opening auction process for compliance with [the Rules and] the 6 The term ‘‘exercise settlement value same distance away from the ATM determination day’’ means a day on which the strike, the System opens them Exchange Act and the Rules, including Exchange determines the exercise or final randomly); and Rule [10]8.6 (which prohibits settlement value, as applicable, of expiring VIX manipulation). derivatives. See Rule 5.31(j)(1). (iii) all non-constituent series in a 7 * * * * * The term ‘‘settlement strip’’ means the random order. constituent option series used to calculate the (6) Opening Rotation. On exercise The text of the proposed rule change exercise or final settlement value, as applicable, of settlement value determination days, is also available on the Exchange’s expiring VIX derivatives. See Rule 5.31(j)(1).

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average of a series’ opening bid and ask The proposed rule change first adopts opening rotation process for SPX option if there is not opening trade in that a sequence in which the System will series in the following sequence: series) established by the modified open SPX option series on exercise (i) at-the-money (‘‘ATM’’) (including series opening auction process to calculate the settlement value determination days. 5.00 above or below, as applicable, the then- exercise or final settlement value, as Currently, the System initiates the current index level) and out-of-the-money applicable, of expiring VIX derivatives. opening rotation process in all classes (‘‘OTM’’) constituent series in order from Current Rule 5.31(j)(5) (proposed Rule each day in no particular order.13 Prior closest to furthest away from the ATM strike 5.31(j)(6)) describes the opening rotation to the Exchange’s System migration, (if a put and call are the same distance away process for the modified opening which was effective on October 7, 2019, from the ATM strike, the System opens them auction process. Specifically, on randomly); the System opened series in a specific (ii) all other constituent series (i.e., in-the- exercise settlement value determination sequence. While the System opened money constituent series) in order from days, the opening rotation process series in all classes in accordance with closest to furthest away from the ATM strike occurs in the same manner it does on all that sequence on all trading days, the (if a put and call are the same distance away other days (as set forth in Rule 5.31(e)), purpose of opening series in that order from the ATM strike, the System opens them except for the Maximum Composite was to enhance the modified opening randomly); and Width Check and Opening Trade Price,8 auction process on exercise settlement (iii) all non-constituent series in a random which the System performs pursuant to value determination days.14 In order. current Rule 5.31(j)(5)(A) and (B), connection with the System migration, For purposes of this proposed rule respectively. Currently, after the the Exchange determined to not change, a series is ATM if its strike price opening trigger for SPX options, once a maintain this functionality due to other equals the last disseminated index value series satisfies the Maximum Composite enhancements implemented at the time on the same trading day. The proposed Width 9 Check in current Rule of migration.15 The Exchange believes 5.00 buffer ensures that the ATM series 5.31(j)(5)(A), if there are orders and those enhancements have had a positive at the time the opening rotation process quotes marketable against each other at impact on the modified opening auction is initiated is included in the first a price not outside the Opening Collar,10 process on exercise settlement value grouping of series to be opened. For the System determines the Opening determination days. However, the example, assume for an exercise Trade Price for the series. If there are no Exchange has determined settlement value determination day that such orders or quotes, there is no reimplementation of the functionality to the ATM strike value for SPX series is Opening Trade Price for the series. open constituent series on exercise 3300. The System will first initiate the If there will be an opening trade, in settlement value determination days in opening rotation for SPX constituent order to determine the Opening Trade a specified sequence (in a slightly series with strike prices equal to 3300, Price, the System determines the different manner) may further enhance and then any series with strike prices of volume-maximizing, imbalance- the modified opening auction process. 3305 and 3295.18 The System then minimizing (‘‘VMIM’’) price pursuant to Specifically, the proposed rule change initiates the opening rotation for OTM Rule 5.31(e)(2)(A) through (C) (in the adopts Rule 5.31(j)(5),16 which provides SPX constituent series (which would same manner it determines the VMIM that on exercise settlement value consist of any SPX constituent put price on non-exercise settlement value determination days, following the series with strike prices below 3300 and determination days). If the VMIM price opening trigger as set forth in Rule SPX constituent call series with strike is not outside the Opening Collar, it is 5.31(d)(1)(B),17 the System initiates the prices above 3300) in order from series the Opening Trade Price, and the with strike prices closest to 3300 to System opens the series.11 If (a) the opening rotation) for the series continues (including those with strike prices further away VMIM price is outside the Opening the dissemination of opening auction updates) until from 3300 until there are no more OTM Collar or (b) there would be unexecuted the VMIM price is not outside the Opening Collar, or the Exchange opens the series pursuant to Rule constituent series. For example, if there market orders (or remaining portions), 5.31(h) (which permits the Exchange to deviate were constituent series puts with strike the series does not open.12 from the standard manner of the opening auction prices of 3290, 3285, 3275, and 3270, process when it believes it is necessary in the and constituent series calls with strike 8 See Rule 5.31(e)(1) and (2) for descriptions of interests of a fair and orderly market). prices of 3310, 3315, 3320, and 3330, 13 See Securities Exchange Act Release No. 86387 the Maximum Composite Width Check and the System would initiate the opening Opening Trade Price determination on non-exercise (July 16, 2019), 84 FR 35147, 35152 (July 22, 2019) settlement value determination days. (SR–CBOE–2019–034) (notice of filing of proposed rotation process first for the 3290 put 9 The term ‘‘Maximum Composite Width’’ means rule change to amend the Exchange’s opening and 3310 call (in a random order), then the amount that the width of the Composite Market process). the 3285 put and 3315 call (in a random (which is the market for a series comprised of (1) 14 See Securities Exchange Act Release No. 83505 order), then the 3320 call, then the 3725 the higher of the then-current best appointed (June 25, 2018), 83 FR 30787, 30790 (June 29, 2018) Market-Maker bulk message bid on the Exchange (SR–CBOE–2018–046) (notice of filing and put, and finally the 3270 put and 3330 and the away best bid (‘‘ABB’’) (if there is an ABB) immediate effectiveness of proposed rule change to call (in a random order). The System and (2) the lower of the then-current best appointed amend the hybrid opening process, which was the then initiates the opening rotation for Market-Maker bulk message offer on the Exchange name of the former opening auction process on the ITM SPX constituent series in order and the away best offer (‘‘ABO’’) (if there is an Exchange). ABO)) of a series may generally not be greater than 15 See supra note 14. from series with strike prices closest to for the series to open, subject to certain exceptions. 16 The proposed rule change renumbers current 3300 to those with strike prices further See Rule 5.31(a) and (j)(1). subparagraphs (j)(5) and (6) to be subparagraphs away from 3300 until there are no more 10 The term ‘‘Opening Collar’’ means the price (j)(6) and (7), respectively. There are no substantive constituent series (in other words, in the range that establishes limits at or inside of which changes to current subparagraph (j)(6) (proposed same manner it initiated the opening the System determines the Opening Trade Price subparagraph (j)(7)). Proposed changes to current (which is the price at which the System executes subparagraph (j)(5) (proposed subparagraph (j)(6)) rotation for the OTM SPX constituent opening trades in a series during the opening are described below. rotation) for a series. See Rule 5.31(a) and (j)(1). 17 Rule 5.31(d)(1)(B) provides that for index option. This applies on exercise settlement value 11 Rule 5.31(e)(3) describes how the System opens options (including SPX options, but excluding VIX determination days. a series on all days. options), the System initiates the opening rotation 18 If there is a put series and call series with strike 12 In this case, the Queuing Period (the time after a time period (which the Exchange determines prices the same distance away from the ATM strike, period prior to the initiation of an opening rotation for all classes) following the System’s observation the System opens them randomly. In other words, during which the System accepts orders and quotes after 9:30 a.m. Eastern time of the first disseminated sometimes the put will open first, and other times in the electronic book for participation in the index value for the index underlying an index the call will open first.

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series). After the System has initiated to delayed openings of these series, there would be unexecuted sell market the opening rotation process for all which could ultimately delay orders 21 (or remaining portions) if the constituent series, the System initiates calculation of the exercise or settlement low end of the Opening Collar equals the opening rotation process for all value, as applicable, of expiring VIX $0.05.22 A sell market order may only other SPX series (i.e., SPX non- derivatives. Additionally, the Exchange fully execute during the opening constituent series) in no particular order has observed larger Market-Maker quote rotation (at the Opening Trade Price) if (as they are opened today). sizes in further OTM puts and calls there is sufficient buy interest to satisfy The order in which the System compared to sizes in less OTM puts and the size of the market order. Currently, initiates the opening rotation process for calls and ATM puts and calls, which if there is a sell market order but no buy trading is generally immaterial; have higher weightings in the formula interest, or insufficient buy interest to however, on exercise settlement value used to determine the exercise or final satisfy the size of the sell market order, determination days, certain ATM and settlement value, as applicable, of OTM constituent series comprise the expiring VIX derivatives in accordance the series would not open pursuant to settlement strip, and thus their the with the VIX Index methodology.20 If current Rule 5.31(j)(5)(B)(iii). opening trade prices are used to the further OTM puts and calls open The proposed rule change will permit calculate the exercise or settlement prior to the less OTM puts and calls and series to open with unexecuted sell value, as applicable, of expiring VIX ATM puts and calls, similarly reduced market orders (or remaining portions) if derivatives. The Exchange has observed liquidity in those ATM and less OTM the lower end of the Opening Collar enhanced liquidity in the modified puts and calls from RMM events may equals $0.05 (the minimum increment opening auction process since occur. The Exchange believes the for the series). If a series opens with any enhancements were implemented in proposed rule change may increase unexecuted sell market orders (or connection with the System migration. liquidity in constituent series, which is remaining portions), the System will At this time, the Exchange believes desirable to ensure these series open at handle those orders as it would any opening these series first may further competitive prices on exercise other orders that are unexecuted at the enhance liquidity in constituent series settlement value determination days. open.23 The current prohibition on on exercise settlement value While liquidity is important to open all opening a series if there would be determination days. series on the Exchange, given the Specifically, Market-Makers are the potential impact on the exercise unexecuted sell market orders is primary liquidity providers in the settlement value determined for intended to protect those orders from Exchange’s market, and, pursuant to expiring VIX derivatives, the Exchange executing at potentially erroneous Rule 5.31, Market-Maker quotes on the believes it is appropriate to ensure a fair prices following the conclusion of the Exchange comprise the Composite and orderly opening of the series used opening rotation in series that may not Market for a class exclusively listed on to calculate the exercise settlement be truly zero-bid options. The Exchange the Exchange (such as SPX options). value. does not believe a low-value series The Exchange provides Users, including The proposed rule change clarifies in should not open because there is no (or Market-Makers, with a tool, the Risk proposed Rule 5.31(j)(6)(B)(ii) and (iii) minimal) interest from investors Monitor Mechanism (‘‘RMM’’), they use that having no unexecuted market purchase contracts in that series, as that to control risk of multiple, automatic orders (or remaining portions) is a is consistent with the value (or lack of executions. An RMM event in a class condition for a series to open, as value) of the series. The Exchange will cause a Market-Makers’ quotes in implied by current Rule 5.31(j)(5)(B)(iii), believes series for which the lower end all series in the class to be rejected or which states a series does not open if of the Opening Collar equals $0.05 are cancelled (certain events may cause a there would be unexecuted market likely true no-bid series, or series with User’s quotes in all classes to be orders (or remaining portions). The minimal value. The following table cancelled).19 As a result, a Market- Exchange believes this proposed demonstrates that when the Composite Maker’s opening transactions in series clarification enhances the description of Market is no-bid 24 with an offer of 0.40 not used to calculate an exercise or when a series is eligible to open or less, the lower end of the Opening settlement value, as applicable, may pursuant to the modified opening cause an RMM event, cancelling the auction process by listing the complete Collar is $0.05 (which is the minimum Market-Makers’ orders or quotes in all list of opening criteria in all relevant increment in SPX series trading less 25 other series in the class, including series provisions within the rule. than $3.00). The lower end of the used to calculate an exercise settlement The proposed rule change also Opening Collar will be greater than value. This reduces liquidity in amends the modified opening auction $0.05 in a series with a Composite constituent series, and may contribute process to permit a series to open when Market offer greater than 0.40.

Composite market (CM) CM midpoint OC width Opening collar (OC) 26

0–.05 ...... 025 .25 .05–.15 0–.10 ...... 05 .25 .05–.20

19 See Rule 5.34(c)(5). be unexecuted buy market orders (or remaining unexecuted opening only orders (or remaining 20 See, e.g., the VIX methodology at http:// portions) or unexecuted sell market orders (or portions) following the conclusion of the opening www.cboe.com/vix/. remaining portions) if the low end of the Opening rotation. 21 A market order is an order to buy or sell a Collar equals anything other than $0.05. 24 While it is possible for the lower end of the stated number of option contracts at the best price 23 Pursuant to Rule 5.31(f), following the Opening Collar to equal $0.05 in a series with a available at the time of execution. See Rule 5.6(b). conclusion of the opening rotation, the System Composite Market bid of 0.05, if a series will open 22 The minimum increment applicable to SPX enters any unexecuted orders and quotes (or with unexecuted sell market orders, that means it options is $0.05 if the series trading price is lower remaining portions) from the Queuing Book into the would open with no Market-Maker bid in the series. than $3.00 and $0.10 if the series trading price is Book in time sequence (subject to a User’s Therefore, the proposed rule change focuses on no- $3.00 or higher. See Rule 5.4(a). A series will instructions), where they may be processed in bid Composite Markets. continue to not be eligible to open if there would accordance with Rule 5.32. The System cancels any 25 See Rule 5.4(a).

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Composite market (CM) CM midpoint OC width Opening collar (OC) 26

0–.15 ...... 075 .25 .05–.20 0–.20 ...... 10 .25 .05–.25 0–.25 ...... 125 .25 .05–.25 0–.30 ...... 15 .25 .05–.30 0–.35 ...... 175 .25 .05–.30 0–.40 ...... 20 .25 .05–.35 0–.45 ...... 225 .25 .10–.35

The Exchange believes it will The Exchange believes options in series to the minimum trading increment for contribute to a fair and orderly opening with a Composite Market bid of zero but the series if it is no-bid and the national and settlement process to open lower- a larger Composite Market offer 28 are best offer is less than or equal to $0.50.30 value constituent series on exercise less likely to be worthless, and therefore The proposed rule change also settlement value determination days believes it is appropriate to not open amends proposed Rule 5.31(j)(7) even if there would be unexecuted sell such a series if there would be (current Rule 5.31(j)(6)) to make a market order interest. In order for the unexecuted sell market orders to clarifying change and correct a cross- Exchange to calculate the exercise or prevent a potentially anomalous reference. Currently, that subparagraph settlement value for expiring VIX execution price, since the next bid regarding self-trades that may occur derivatives, in its role as index entered in that series is likely to be during an opening rotation states that calculator for the VIX Index, all much higher than $0.05. It would be the Exchange reviews all activity, constituent series that comprise the unfair to an investor to let its sell market including these types of executions, settlement strip must be open (with or order trade at a price of $0.05 because, during the modified opening auction without an opening trade) on exercise for example, the firm submitted its order process for compliance with the Rules settlement value determination days. As during the Queuing Period on a day and the Exchange Act, including Rule set forth in Rules 4.13(a)(5)(B) and when there was insufficient buy interest 10.6 (which prohibits manipulation). 5.31(j), the Exchange uses the opening to satisfy all sell market orders, even First, the proposed rule change trade prices of SPX constituent series though the bids present during that rephrases this sentence so that it that comprise the settlement strip (or Queuing Period were significantly references the Exchange Act and the the average of a series’ opening bid and higher than $0.05. Rules, including Rule 10.6, to make As noted above, the Exchange uses ask if there is no opening trade in that clear that the rule cross-reference refers the average of a series’ opening bid and series) established by the modified to an Exchange Rule rather than a Rule ask if there is no opening trade in that opening auction process to calculate the under the Exchange Act. Second, the series when calculating the exercise or exercise or final settlement value, as proposed rule change corrects to the final settlement value, as applicable, of applicable, of expiring VIX derivatives. rule cross-reference to say Rule 8.6, expiring VIX derivatives on exercise rather than Rule 10.6. Rule 8.6 describes This will permit these constituent series settlement value determination days. If (which may be truly no-bid series) that the Exchange’s prohibition on a series opens with unexecuted sell manipulative activity. may be part of the settlement strip to market orders, that could only occur if open sooner, and thus permit there was an opening bid of zero.29 In 2. Statutory Basis calculation of the exercise or settlement connection with the proposed rule The Exchange believes the proposed value, as applicable, for VIX derivatives change that creates the possibility that sooner. This may also provide rule change is consistent with the a series may open with no opening bid Securities Exchange Act of 1934 (the unexecuted sell market orders in low- and unexecuted sell market orders, the value series with additional execution ‘‘Act’’) and the rules and regulations proposed rule change amends Rules thereunder applicable to the Exchange opportunities, which may be limited in 4.13(a)(5)(B) and 5.31(j) to provide that, such series. The Exchange believes the and, in particular, the requirements of in series in which there is no opening 31 benefit of opening these series earlier to Section 6(b) of the Act. Specifically, trade, the ask price will equal $0.05 (the the Exchange believes the proposed rule permit calculation of the exercise or minimum increment of the series) if the settlement value of expiring VIX change is consistent with the Section series opens with unexecuted sell 32 derivatives outweighs the minimal risk 6(b)(5) requirements that the rules of market orders. The Exchange believes it an exchange be designed to prevent (if any) of executing sell market orders is reasonable to use such an ask price, at anomalous execution prices following fraudulent and manipulative acts and as it is consistent with currently practices, to promote just and equitable the opening rotation given the low-value functionality that converts a sell market of these series. principles of trade, to foster cooperation order to a limit order with a price equal and coordination with persons engaged If an option series has a larger offer, in regulating, clearing, settling, it is less likely to be worthless but may order if the national best offer is greater than $0.50. processing information with respect to, just not have any bids for a brief time.27 See Rule 5.34(a)(1)(A). 28 The Composite Market threshold of $0.40 is and facilitating transactions in similar to the threshold the Exchange currently has securities, to remove impediments to 26 Because the Opening Collar establishes the in place to protect sell market orders in no-bid limits for the opening trade price, the minimum and perfect the mechanism of a free and series after the opening of trading. See id. open market and a national market amount for the lower end of the range collar is 0.05 29 As set forth in Rule 5.31(e)(3)(A), market orders in a nickel class, as that is the lowest eligible have first priority to trade at the Opening Trade system, and, in general, to protect opening trade price. Price. Therefore, if there are unexecuted sell market investors and the public interest. 27 For similar reasons, the System currently orders (or remaining portions) at the open, there converts a sell market order to a limit order with was either no buy interest or any buy interest 30 a price equal to the minimum trading increment for executed against part of the sell market orders but See Rule 5.34(a)(1)(A). the series if it is no-bid and the national best offer there was an insufficient amount to satisfy the size 31 15 U.S.C. 78f(b). is less than or equal to $0.50, but will cancel the of the sell market order interest. 32 15 U.S.C. 78f(b)(5).

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Additionally, the Exchange believes the and a national market system, and, in determination days enhances the proposed rule change is consistent with general, protect investors and the public description of when a series is eligible the Section 6(b)(5) 33 requirement that interest. This proposed rule change will to open pursuant to the modified the rules of an exchange not be designed permit these constituent series (which opening auction process, which to permit unfair discrimination between may be truly no-bid series) that may be promotes transparency in the customers, issuers, brokers, or dealers. part of the settlement strip to open Exchange’s Rules and ultimately In particular, the Exchange believes sooner, and thus permit calculation of benefits investors. As noted above, this the proposed rule change will remove the settlement value for VIX derivatives is not a change in the modified opening impediments to and perfect the sooner. This may also provide auction process, but merely a mechanism of a free and open market unexecuted sell market orders in low- clarification. and a national market system, and, in value series with additional execution B. Self-Regulatory Organization’s general, protect investors and the public opportunities, which may be limited in Statement on Burden on Competition interest, as it may permit an earlier such series, and may be individuals opening of constituent series on exercise seeking to close out a worthless The Exchange does not believe that settlement value determination days. As position. The Exchange believes the the proposed rule change will impose a result, the Exchange may be able to benefit of opening these series earlier to any burden on competition that is not calculate the exercise or settlement permit calculation of the exercise or necessary or appropriate in furtherance value, as applicable, of expiring VIX settlement value of expiring VIX of the purposes of the Act. The derivatives, at an earlier time. derivatives outweighs the minimal risk Exchange does not believe the proposed The proposed rule change regarding (if any) of executing sell market orders rule change will impose any burden on the sequence in which constituent series at anomalous execution prices following intramarket competition, because it will will open merely modifies the order in the opening rotation given the low-value apply in the same manner to all which the System opens select series in of these series. By continuing to not constituent series on exercise settlement one class for trading on the Exchange on open series with higher offers if there value determination days. The proposed certain days. The System will continue would be unexecuted sell market orders, rule change regarding the opening to open all non-constituent series on all the Exchange believes the modified sequence of constituent series only trading days, and all constituent series opening auction process will continue modified the order in which the System on non-exercise settlement value to protect these orders from executing at will open these series for trading, and determination days, in no particular potentially erroneous prices following only those days. The proposed rule order. With respect to constituent series, the opening rotation in series that are change has no impact on the sequence the proposed rule change will permit not truly low-value/no-bid. in which the System will open non- the System to initiate the opening The Exchange believes the proposed constituent series on all trading days, or rotation process for series with higher threshold of series for which the lower constituent series on all trading days weightings in the formula used to end of the Opening Collar is $0.05 (and other than exercise settlement value determine the exercise or final thus has a Composite Market offer of no determination days. The proposed rule settlement value prior to the series with more than $0.40) appropriately reflects change regarding opening constituent lower weightings (or not SPX option the interests of investors, as options in series with unexecuted sell market series that are not part of the exercise series with offers higher than $0.40 are orders will only impact low-value settlement value calculation). While the less likely to be worthless, and not constituent series in a narrow set of order in which the System opens series permitting a series to open in these circumstances. The proposed rule is generally immaterial (and thus why conditions may prevent execution of change has no impact on constituent the Exchange has opened them in no these orders at unfavorable prices. The series in which there would be particular order, and will continue to do Exchange also believes the threshold unexecuted sell market orders and the so for all non-constituent series on all promotes fair and orderly markets, lower end of the Opening Collar is trading days, and for constituent series because sell market orders in low-bid/ greater than $0.05, which series will on all trading days other than exercise no-bid series with offers of $0.40 or less continue to not be eligible to open until settlement value determination days), are likely to be individuals seeking to that condition is resolved. the Exchange believes opening ATM close out worthless positions. The The Exchange does not believe the and OTM constituent series prior to all proposed rule change provides these proposed rule change will impose any other series on expiration settlement orders with additional execution burden on intermarket competition, as it value determination days will permit opportunities by making these series solely impacts the timing of the opening series used to calculate exercise or final eligible to open earlier. The Exchange of certain series in one class listed for settlement values, as applicable, for notes the proposed rule change is trading on the Exchange on certain days. expiring VIX Index derivatives to open consistent with other current The proposed rule change will permit at an earlier time. As discussed above, functionality that converts sell market constituent series with higher the Exchange also believes this orders in no-bid series to limit orders weightings in the calculation of the proposed rule change may enhance with a price equal to the minimum exercise or settlement value, as liquidity in these series on exercise increment in the series if the offer is applicable, of expiring VIX derivatives, settlement value determination days, $0.50 or less.34 Additionally, other as well as low-value/no-bid constituent which benefits investors that hold options exchanges will open series if series that may be part of the settlement expiring VIX derivatives. there are unexecuted sell market strip, to open sooner, and thus permit The proposed rule change regarding orders.35 an earlier calculation of the exercise or the opening of constituent series when The Exchange believes the proposed settlement value, as applicable, for VIX there are unexecuted sell market orders rule change to clarify opening derivatives. As discussed above, the in certain circumstances will further conditions on exercise settlement value Exchange believes the proposed rule remove impediments to and perfect the change regarding the opening sequence mechanism of a free and open market 34 See Rule 5.34(a)(1)(A). of constituent series may enhance 35 See, e.g., NYSE Arca, Inc. (‘‘Arca’’) Rule 6.64– liquidity in these series on exercise 33 Id. O. settlement value determination days.

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Additionally, the proposed rule change Commission summarily may comment submissions. You should regarding opening constituent series temporarily suspend such rule change if submit only information that you wish with unexecuted sell market orders may it appears to the Commission that such to make available publicly. All also provide unexecuted sell market action is necessary or appropriate in the submissions should refer to File orders in low-value series with public interest, for the protection of Number SR–CBOE–2020–013 and additional execution opportunities, investors, or otherwise in furtherance of should be submitted on or before March which may be limited in such series. the purposes of the Act. If the 23, 2020. The Exchange believes the benefit of Commission takes such action, the For the Commission, by the Division of opening these series earlier to permit Commission will institute proceedings Trading and Markets, pursuant to delegated calculation of the exercise or settlement to determine whether the proposed rule authority.40 value, as applicable, of expiring VIX change should be approved or J. Matthew DeLesDernier, derivatives outweighs the minimal risk disapproved. Assistant Secretary. (if any) of executing sell market orders IV. Solicitation of Comments [FR Doc. 2020–04183 Filed 2–28–20; 8:45 am] at anomalous execution prices following the opening rotation given the low-value Interested persons are invited to BILLING CODE 8011–01–P of these series. By continuing to not submit written data, views, and arguments concerning the foregoing, open series with higher Composite SECURITIES AND EXCHANGE Market offers if there would be including whether the proposed rule COMMISSION unexecuted sell market orders, the change is consistent with the Act. Exchange believes the modified opening Comments may be submitted by any of Sunshine Act Meetings auction process will continue to protect the following methods: these orders from executing at Electronic Comments TIME AND DATE: Notice is hereby given, potentially erroneous prices following • pursuant to the provisions of the the opening rotation in series that are Use the Commission’s internet comment form (http://www.sec.gov/ Government in the Sunshine Act, Public not truly low-value/no-bid. As noted Law 94–409, the Securities and above, the proposed rule change is rules/sro.shtml); or • Exchange Commission will hold an consistent with current Exchange Send an email to rule-comments@ Open Meeting on Wednesday, March 4, functionality regarding the handling of sec.gov. Please include File Number SR– 2020 at 10:00 a.m. sell market orders in no-bid series.36 CBOE–2020–013 on the subject line. Additionally, other options exchanges Paper Comments PLACE: The meeting will be held in will open series if there are unexecuted • Auditorium LL–002 at the 37 Send paper comments in triplicate sell market orders. to Secretary, Securities and Exchange Commission’s headquarters, 100 F Street NE, Washington, DC 20549. C. Self-Regulatory Organization’s Commission, 100 F Street NE, Statement on Comments on the Washington, DC 20549–1090. STATUS: This meeting will begin at 10:00 Proposed Rule Change Received From All submissions should refer to File a.m. (ET) and will be open to the public. Members, Participants, or Others Number SR–CBOE–2020–013. This file Seating will be on a first-come, first- The Exchange neither solicited nor number should be included on the served basis. Visitors will be subject to received comments on the proposed subject line if email is used. To help the security checks. The meeting will be rule change. Commission process and review your webcast on the Commission’s website at comments more efficiently, please use www.sec.gov. III. Date of Effectiveness of the only one method. The Commission will MATTER TO BE CONSIDERED: The Proposed Rule Change and Timing for post all comments on the Commission’s Commission will consider whether to Commission Action internet website (http://www.sec.gov/ propose rule amendments that would rules/sro.shtml). Copies of the Because the proposed rule change simplify, harmonize, and improve submission, all subsequent does not: (i) Significantly affect the certain aspects of the framework for amendments, all written statements protection of investors or the public exemptions from registration under the with respect to the proposed rule interest; (ii) impose any significant Securities Act of 1933 to promote change that are filed with the burden on competition; and (iii) become capital formation while preserving or Commission, and all written operative for 30 days from the date on enhancing important investor communications relating to the which it was filed, or such shorter time protections. as the Commission may designate, it has proposed rule change between the become effective pursuant to Section Commission and any person, other than At times, changes in Commission 19(b)(3)(A) of the Act 38 and those that may be withheld from the priorities require alterations in the subparagraph (f)(6) of Rule 19b–4 public in accordance with the scheduling of meeting items. thereunder.39 provisions of 5 U.S.C. 552, will be CONTACT PERSON FOR MORE INFORMATION: At any time within 60 days of the available for website viewing and For further information and to ascertain filing of the proposed rule change, the printing in the Commission’s Public what, if any, matters have been added, Reference Room, 100 F Street NE, deleted or postponed, please contact 36 See Rule 5.34(a)(1)(A). Washington, DC 20549 on official Vanessa A. Countryman, Office of the 37 See, e.g., Arca Rule 6.64–O. business days between the hours of Secretary, at (202) 551–5400. 38 15 U.S.C. 78s(b)(3)(A). 10:00 a.m. and 3:00 p.m. Copies of the 39 Dated: February 26, 2020. 17 CFR 240.19b–4(f)(6). In addition, Rule19b– filing also will be available for 4(f)(6)(iii) requires a self-regulatory organization to Vanessa A. Countryman, give the Commission written notice of its intent to inspection and copying at the principal file the proposed rule change, along with a brief office of the Exchange. All comments Secretary. description and text of the proposed rule change, received will be posted without change. [FR Doc. 2020–04295 Filed 2–27–20; 11:15 am] at least five business days prior to the date of filing BILLING CODE 8011–01–P of the proposed rule change, or such shorter time Persons submitting comments are as designated by the Commission. The Exchange cautioned that we do not redact or edit has satisfied this requirement. personal identifying information from 40 17 CFR 200.30–3(a)(12).

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SMALL BUSINESS ADMINISTRATION Small Business Administration, 409 from interested members of the public Third Street SW, Washington, DC on all aspects of the CA Pilot Program. [Docket No. SBA–2020–0006] 20416; or send an email to Comments must be submitted on or Community Advantage Pilot Program [email protected]. before the deadline for comments listed Highlight the information that you in the DATES section. SBA will consider AGENCY: U.S. Small Business consider to be CBI and explain why you these comments and the need for Administration. believe SBA should hold this making any revisions as a result of these ACTION: Notice of changes to Community information as confidential. SBA will comments. review the information and make the Advantage Pilot Program and request for 3. Changes to the Community final determination as to whether it will comments. Advantage Pilot Program publish the information. SUMMARY: The Community Advantage FOR FURTHER INFORMATION CONTACT: (a) Non-SBA Guaranteed, Same (‘‘CA’’) Pilot Program is a pilot program Daniel Upham, Chief, Microenterprise Institution Debt Refinancing to increase SBA-guaranteed loans to Development Division, Office of Requirements small businesses in underserved areas. Financial Assistance, U.S. Small Based on comments received in The Small Business Administration Business Administration, 409 Third (‘‘SBA’’ or ‘‘Agency’’) continues to response to the September 2018 Notice, Street SW, Washington, DC 20416, (202) SBA is modifying the requirements for refine and improve the design of the CA 205–7001, [email protected]. Pilot Program. To support SBA’s refinancing non-SBA guaranteed, same commitment to expanding access to SUPPLEMENTARY INFORMATION: institution debt. SBA has learned that the applicants for refinancing are often capital for small businesses and 1. Background entrepreneurs in underserved markets, small businesses that, for one reason or As part of its efforts to increase the SBA is issuing this Notice to revise the another, have obtained financing with number of SBA-guaranteed 7(a) loans requirements for refinancing non-SBA terms that are onerous and made to small businesses in guaranteed, same institution debt in unsustainable for the applicant, such as underserved markets, on February 18, certain circumstances. Further, SBA is loans with high compound interest 2011, SBA issued a notice and request revising the number of loans a CA rates, draw fees, late fees, and/or for comments introducing the CA Pilot Lender must make before it can begin substantial prepayment penalties. When Program (76 FR 9626). That notice processing loans under its delegated a CA Lender receives such an provided an overview of the CA Pilot authority. Finally, SBA is providing application for refinancing, the CA Program requirements and, pursuant to guidance on the expiration and process Lender may opt to make an interim, the authority provided to SBA under 13 for renewal of CA Lenders’ Loan non-SBA guaranteed loan to CFR 120.3 to suspend, modify or waive Guaranty Agreements (SBA Form immediately restructure the financing certain regulations in establishing and 750CA). on more reasonable terms, in testing pilot loan initiatives, SBA anticipation of providing a permanent DATES: The changes take effect March 2, modified or waived as appropriate solution. SBA recognizes the 2020. The CA Pilot Program will remain certain regulations which otherwise importance of improving cash flow to a in effect until September 30, 2022. apply to 7(a) loans for the CA Pilot small business as soon as possible with Comment Date: Comments must be Program. a loan on more reasonable terms, and of received on or before April 1, 2020. Subsequent notices have made providing a small business applicant ADDRESSES: You may submit comments, changes to the CA Pilot Program to with the additional time and technical identified by SBA docket number SBA– improve the program experience for assistance it may need to complete a 2020–0006, by any of the following participants, improve their ability to successful SBA-guaranteed loan methods: deliver capital to underserved markets, application. Therefore, SBA is • Federal eRulemaking Portal: and appropriately manage risk to the modifying the restrictions on https://www.regulations.gov/. Follow Agency. These notices were issued on refinancing non-SBA guaranteed, same the instructions for submitting the following dates: September 12, 2011 institution debt to permit the CA Lender comments. (76 FR 56262), February 8, 2012 (77 FR to pay off certain interim loans with an • Mail: Daniel Upham, Chief, 6619), November 9, 2012 (77 FR 67433), SBA-guaranteed CA loan when Microenterprise Development Division, December 28, 2015 (80 FR 80872), and beneficial to the small business Office of Financial Assistance, U.S. September 12, 2018 (83 FR 46237). In applicant under certain circumstances. Small Business Administration, 409 the notice published September 12, (It is important to note, however, that Third Street SW, Washington, DC 2018 (the ‘‘September 2018 Notice’’), extension of an interim loan by a CA 20416. SBA extended the pilot program to Lender is made entirely at the CA • Hand Delivery/Courier: Daniel September 30, 2022, placed a Lender’s risk as there is no assurance Upham, Chief, Microenterprise moratorium on the acceptance of that the interim loan will be eligible to Development Division, Office of applications for new Community be refinanced with a CA loan.) Financial Assistance, U.S. Small Advantage Lenders (‘‘CA Lenders’’), In order to refinance its own interim, Business Administration, 409 Third modified the requirements for non-SBA guaranteed same institution Street SW, Washington, DC 20416. refinancing non-SBA guaranteed, same loan with a CA loan, the CA Lender SBA will post all comments on institution debt, and revised other must comply with all of the following: https://www.regulations.gov. If you wish program requirements. SBA is issuing i. The sole purpose of the interim loan to submit confidential business this Notice to further revise program must have been to refinance debt that information (‘‘CBI’’) as defined in the requirements as described more fully was on onerous terms (e.g., the User Notice at https:// below. refinancing will improve the www.regulations.gov, please submit the Applicant’s cash flow by at least 15%), information to Daniel Upham, Chief, 2. Comments including necessary out-of-pocket costs. Microenterprise Development Division, Although the changes are effective ii. The Annual Percentage Rate Office of Financial Assistance, U.S. March 2, 2020, comments are solicited (‘‘APR’’) on the interim loan must not

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exceed the maximum interest rate include, but not be limited to, an Dated: February 11, 2020. allowable under the CA Pilot Program. assessment of the CA Lender’s Jovita Carranza, iii. The interim loan must not have compliance with SBA Loan Program Administrator. been made more than 6 months prior to Requirements, including the [FR Doc. 2020–03241 Filed 2–28–20; 8:45 am] the submission in E–TRAN of the SBA- requirement to make 60 percent of its BILLING CODE P guaranteed CA loan application. loans to small businesses in the CA iv. The CA Lender must provide a underserved markets, satisfactory SBA transcript showing the due dates and performance as determined by SBA in SOCIAL SECURITY ADMINISTRATION when payments were received for the its discretion, and other risk-related entire term of the interim loan. If there criteria. Based on the results of a CA [Docket No. SSA–2020–0005] are any late payments and/or late Lender’s review, OCRM may: (1) Renew Notice Announcing Addresses for charges on the interim loan, the CA the CA Lender’s SBA Form 750CA until Service of Process Lender must explain in its credit the expiration date of the pilot program memorandum the late payments and (September 30, 2022); (2) renew the CA AGENCY: Social Security Administration. late charges and substantiate how the Lender’s SBA Form 750CA for a shorter ACTION: Notice announcing addresses for CA Lender has determined that SBA period; or (3) not renew the CA Lender’s summons and complaints. will not be in a position to sustain a loss SBA Form 750CA beyond March 31, from refinancing the interim loan. 2020. In the latter two cases, OCRM will SUMMARY: Our Office of the General v. The CA Lender may not charge any provide an explanation for the Counsel (OGC) is responsible for fees on the interim loan except for shortened renewal or non-renewal, as processing and handling summonses necessary out-of-pocket costs associated appropriate. and complaints in lawsuits involving with closing the loan, such as filing or judicial review of our final decisions on recording fees. There must be no (d) Limited Moratorium Exception individual claims for benefits under prepayment penalty or other charge for As stated in the September 2018 titles II, VIII, and XVI of the Social prepayment of the interim loan. Notice, SBA believes there are a Security Act (Act), and individual vi. The CA loan that refinances the sufficient number of CA Lenders for claims for a Medicare Part D subsidy interim loan must be submitted to SBA SBA to perform a proper evaluation of under title XVIII of the Act. This notice for non-delegated processing and may the pilot program. In order to maintain sets out the names and current not be approved under a CA Lender’s a sufficient number of CA Lenders, SBA addresses of those offices and the delegated authority. will accept new applications from jurisdictions for which each office has vii. The CA Lender must address in qualified eligible entities to replace CA responsibility. its credit memorandum how the original Lenders that voluntarily withdraw from FOR FURTHER INFORMATION CONTACT: debt meets the requirements set forth in the program, are not renewed, or are Michael Haar, Office of the General SOP 50 10 for debt refinancing otherwise removed from the pilot Counsel, Office of Program Law, Social (currently, Subpart B, Chapter 2, program. SBA will provide further Security Administration, 6401 Security Paragraph V.E.). information on this process after March Boulevard, Baltimore, MD 21235–6404, (b) Delegated Authority 31, 2020, when it expects to know the (410) 965–2521. For information on Currently, a CA Lender that is number of CA Lenders that will not be eligibility or filing for benefits, call our determined to be eligible for delegated continuing in the pilot program. In national toll-free number, 1–800–772– authority may not process loans using accordance with the September 2018 1213 or TTY 1–800–325–0778, or visit its delegated authority until (i) it closes Notice, SBA is not increasing the total our internet site, Social Security Online, and makes an initial disbursement on at number of CA Lenders. at http://www.socialsecurity.gov. least seven non-delegated CA loans, and 4. General Information SUPPLEMENTARY INFORMATION: You (ii) the Office of Credit Risk should mail summonses and complaints The changes in this Notice are limited Management (‘‘OCRM’’) determines, in in cases involving judicial review of our to the CA Pilot Program only. All other consultation with the Loan Guaranty final decisions on individual claims for SBA Loan Program Requirements and Processing Center (‘‘LGPC’’), that it has benefits under titles II, VIII, and XVI of regulatory waivers or modifications satisfactory knowledge of SBA Loan the Act and individual claims for a related to the CA Pilot Program remain Program Requirements. SBA is Medicare Part D subsidy under title unchanged. increasing the number of CA loans that XVIII of the Act directly to the OGC must be initially disbursed before a CA SBA has provided more detailed location responsible for the jurisdiction Lender may receive approval to process guidance in the form of a Participant in which the complaint has been filed. applications under delegated authority. Guide, which will be updated to reflect This notice replaces the notice we Effective March 2, 2020, the number of these changes and will be available on published on October 28, 2019 (84 FR loans is increased to ten. SBA’s website at http://www.sba.gov. 57799), and reflects the jurisdictional SBA may provide additional guidance, assignments for our Regional Chief (c) Loan Guaranty Agreement (SBA through SBA notices, which may also be Counsels’ Offices and our Office of Form 750CA) Expiration and Renewal published on SBA’s website at http:// Program Law for cases filed on or after On September 12, 2018, SBA www.sba.gov/category/lender- January 1, 2020. The changes in this extended the Community Advantage navigation/forms-notices-sops/notices. notice from our 2019 notice reflect that Pilot Program from March 31, 2020, to Questions regarding the CA Pilot the Office of the Regional Chief Counsel, September 30, 2022. Currently, most CA Program may be directed to the Lender Region I will assume responsibility for Lenders have a Loan Guaranty Relations Specialist in the local SBA the District of Vermont and the Agreement (SBA Form 750CA) that district office. The local SBA district Northern District of New York, and the expires on March 31, 2020. As set forth office may be found at http:// Office of the Regional Chief Counsel, in the CA Participant Guide, OCRM will www.sba.gov/about-offices-list/2. Region VII will assume responsibility conduct a review of each CA Lender Authority: 15 U.S.C. 636(a)(25) and 13 CFR for the District of Connecticut and the prior to March 31, 2020. The review will 120.3. Eastern District of New York. The

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jurisdictional responsibilities, names, Florida Kentucky and addresses of our OGC offices are as U.S. District Court—Middle District of follows: U.S. District Court—Eastern District of Florida: Office of the Regional Chief Kentucky: Office of the Regional Chief Alabama Counsel, Atlanta (Region IV). Counsel, Denver (Region VIII). U.S. District Court—Northern District U.S. District Court—Middle District of U.S. District Court—Western District of Florida: Office of the Regional Chief Alabama: Office of the Regional Chief of Kentucky: Office of the Regional Counsel, Atlanta (Region IV). Counsel, Atlanta (Region IV). Chief Counsel, Chicago (Region V). U.S. District Court—Southern District U.S. District Court—Northern District of Florida: Office of the Regional Chief Louisiana of Alabama: Office of the Regional Chief Counsel, Atlanta (Region IV). Counsel, Atlanta (Region IV). U.S. District Court—Eastern District of U.S. District Court—Southern District Georgia Louisiana: Office of the Regional Chief Counsel, Dallas (Region VI). of Alabama: Office of the Regional Chief U.S. District Court—Middle District of U.S. District Court—Middle District of Counsel, Atlanta (Region IV) Georgia: Office of the Regional Chief Louisiana: Office of the Regional Chief Counsel, Atlanta (Region IV). Alaska Counsel, Dallas (Region VI). U.S. District Court—Northern District U.S. District Court—Alaska: Office of of Georgia: Office of the Regional Chief U.S. District Court—Western District the Regional Chief Counsel, Seattle Counsel, Atlanta (Region IV). of Louisiana: Office of the Regional (Region X). U.S. District Court—Southern District Chief Counsel, Dallas (Region VI). Arizona of Georgia: Office of the Regional Chief Maine Counsel, Atlanta (Region IV). U.S. District Court—Arizona: Office of U.S. District Court—Maine: Office of the Regional Chief Counsel, San Guam the Regional Chief Counsel, Boston Francisco (Region IX). U.S. District Court—Guam: Office of (Region I). Arkansas the Regional Chief Counsel, San Maryland Francisco (Region IX). U.S. District Court—Eastern District of U.S. District Court—Maryland: Office Arkansas: Office of the Regional Chief Hawaii of Program Law, Baltimore. Counsel, Dallas (Region VI). U.S. District Court—Hawaii: Office of Massachusetts U.S. District Court—Western District the Regional Chief Counsel, San of Arkansas: Office of the Regional Chief Francisco (Region IX). U.S. District Court—Massachusetts: Counsel, Dallas (Region VI). Office of the Regional Chief Counsel, Idaho California Boston (Region I). U.S. District Court—Idaho: Office of Michigan U.S. District Court—Central District of the Regional Chief Counsel, Seattle California: Office of the Regional Chief (Region X). U.S. District Court—Eastern District of Counsel, San Francisco (Region IX). Illinois Michigan: Office of the Regional Chief U.S. District Court—Eastern District of Counsel, Boston (Region I). California: Office of the Regional Chief U.S. District Court—Central District of U.S. District Court—Western District Counsel, San Francisco (Region IX). Illinois: Office of the Regional Chief of Michigan: Office of the Regional U.S. District Court—Northern District Counsel, Chicago (Region V). Chief Counsel, Kansas City (Region VII). of California: Office of the Regional U.S. District Court—Northern District Chief Counsel, San Francisco (Region of Illinois: Office of the Regional Chief Minnesota IX). Counsel, Chicago (Region V). U.S. District Court—Minnesota: Office U.S. District Court—Southern District U.S. District Court—Southern District of the Regional Chief Counsel, Dallas of California: Office of the Regional of Illinois: Office of the Regional Chief (Region VI). Chief Counsel, San Francisco (Region Counsel, Chicago (Region V). IX). Mississippi Indiana Colorado U.S. District Court—Northern District U.S. District Court—Northern District of Mississippi: Office of the Regional of Indiana: Office of Program Law, U.S. District Court—Colorado: Office Chief Counsel, Dallas (Region VI). of the Regional Chief Counsel, Denver Baltimore. (Region VIII). U.S. District Court—Southern District U.S. District Court—Southern District of Indiana: Office of the Regional Chief of Mississippi: Office of the Regional Connecticut Counsel, Chicago (Region V). Chief Counsel, Dallas (Region VI). U.S. District Court—Connecticut: Iowa Missouri Office of the Regional Chief Counsel, Kansas City (Region VII). U.S. District Court—Northern District U.S. District Court—Eastern District of of Iowa: Office of the Regional Chief Missouri: Office of the Regional Chief Delaware Counsel, Dallas (Region VI). Counsel, Kansas City (Region VII). U.S. District Court—Delaware: Office U.S. District Court—Southern District U.S. District Court Western District of of the Regional Chief Counsel, of Iowa: Office of the Regional Chief Missouri: Office of the Regional Chief Philadelphia (Region III). Counsel, Dallas (Region VI). Counsel, Kansas City (Region VII). District of Columbia Kansas Montana U.S. District Court—District of U.S. District Court—Kansas: Office of U.S. District Court—Montana: Office Columbia: Office of the Regional Chief the Regional Chief Counsel, Denver of the Regional Chief Counsel, Seattle Counsel, Philadelphia (Region III). (Region VIII). (Region X).

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Nebraska Oklahoma U.S. District Court—Western District of Texas: Office of the Regional Chief U.S. District Court—Nebraska: Office U.S. District Court—Eastern District of Counsel, Dallas (Region VI). of the Regional Chief Counsel, Dallas Oklahoma: Office of the Regional Chief (Region VI). Counsel, Denver (Region VIII). Utah U.S. District Court—Northern District Nevada U.S. District Court—Utah: Office of of Oklahoma: Office of the Regional the Regional Chief Counsel, Denver U.S. District Court—Nevada: Office of Chief Counsel, Denver (Region VIII). (Region VIII). the Regional Chief Counsel, San U.S. District Court—Western District Francisco (Region IX). of Oklahoma: Office of the Regional Vermont Chief Counsel, Denver (Region VIII). New Hampshire U.S. District Court—Vermont: Office Oregon of the Regional Chief Counsel, Boston U.S. District Court—New Hampshire: (Region I). Office of the Regional Chief Counsel, U.S. District Court—Oregon: Office of Boston (Region I). the Regional Chief Counsel, Seattle Virgin Islands (Region X). New Jersey U.S. District Court—Virgin Islands: Pennsylvania Office of the Regional Chief Counsel, U.S. District Court—New Jersey: New York (Region II). Office of the Regional Chief Counsel, U.S. District Court—Eastern District of Philadelphia (Region III). Pennsylvania: Office of the Regional Virginia Chief Counsel, Philadelphia (Region III). New Mexico U.S. District Court—Eastern District of U.S. District Court—Middle District of Virginia: Office of the Regional Chief U.S. District Court—New Mexico: Pennsylvania: Office of the Regional Counsel, Philadelphia (Region III). Office of the Regional Chief Counsel, Chief Counsel, Philadelphia (Region III). U.S. District Court—Western District Denver (Region VIII). U.S. District Court—Western District of Virginia: Office of the Regional Chief of Pennsylvania: Office of the Regional Counsel, Philadelphia (Region III). New York Chief Counsel, Philadelphia (Region III). Washington U.S. District Court—Eastern District of Puerto Rico New York: Office of the Regional Chief U.S. District Court—Eastern District of Counsel, Kansas City (Region VII). U.S. District Court—Puerto Rico: Washington: Office of the Regional U.S. District Court—Northern District Office of the Regional Chief Counsel, Chief Counsel, Seattle (Region X). of New York: Office of the Regional New York (Region II). U.S. District Court—Western District Chief Counsel, Boston (Region I). Rhode Island of Washington: Office of the Regional U.S. District Court—Southern District Chief Counsel, Seattle (Region X). U.S. District Court—Rhode Island: of New York: Office of the Regional West Virginia Chief Counsel, New York (Region II). Office of the Regional Chief Counsel, Boston (Region I). U.S. District Court—Western District U.S. District Court—Northern District of New York: Office of the Regional South Carolina of West Virginia: Office of the Regional Chief Counsel, New York (Region II). Chief Counsel, Philadelphia (Region III). U.S. District Court—South Carolina: U.S. District Court—Southern District North Carolina Office of the Regional Chief Counsel, of West Virginia: Office of the Regional Philadelphia (Region III). U.S. District Court—Eastern District of Chief Counsel, Philadelphia (Region III). North Carolina: Office of Program Law, South Dakota Wisconsin Baltimore. U.S. District Court—South Dakota: U.S. District Court—Eastern District of U.S. District Court—Middle District of Office of the Regional Chief Counsel, Wisconsin: Office of the Regional Chief North Carolina: Office of the Regional Dallas (Region VI). Counsel, Chicago (Region V). Chief Counsel, Philadelphia (Region III). Tennessee U.S. District Court—Western District U.S. District Court—Western District of Wisconsin: Office of the Regional of North Carolina: Office of Program U.S. District Court—Eastern District of Chief Counsel, Chicago (Region V). Law, Baltimore. Tennessee: Office of the Regional Chief Wyoming North Dakota Counsel, Kansas City (Region VII). U.S. District Court—Middle District of U.S. District Court—Wyoming: Office U.S. District Court—North Dakota: Tennessee: Office of the Regional Chief of the Regional Chief Counsel, Denver Office of the Regional Chief Counsel, Counsel, Kansas City (Region VII). (Region VIII). Dallas (Region VI). U.S. District Court—Western District Addresses of OGC Offices Northern Mariana Islands of Tennessee: Office of the Regional Chief Counsel, Kansas City (Region VII). Office of the Regional Chief Counsel, U.S. District Court—Northern Mariana Region I, Social Security Texas Islands: Office of the Regional Chief Administration, JFK Federal Building, Counsel, San Francisco (Region IX). U.S District Court—Eastern District of Room 625, 15 New Sudbury Street, Texas: Office of the Regional Chief Ohio Boston, MA 02203–0002. Counsel, Dallas (Region VI). Office of the Regional Chief Counsel, U.S. District Court—Northern District U.S. District Court—Northern District Region II, Social Security of Ohio: Office of the Regional Chief of Texas: Office of the Regional Chief Administration, 26 Federal Plaza, Room Counsel, Chicago (Region V). Counsel, Dallas (Region VI). 3904, New York, NY 10278–0004. U.S. District Court—Southern District U.S. District Court—Southern District Office of the Regional Chief Counsel, of Ohio: Office of the Regional Chief of Texas: Office of the Regional Chief Region III, Social Security Counsel, Chicago (Region V). Counsel, Dallas (Region VI). Administration, 300 Spring Garden

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Street, 6th Floor, Philadelphia, PA and Reports Clearance, Social Security OFFICE OF THE UNITED STATES 19123–2932. Administration, 3100 West High Rise, TRADE REPRESENTATIVE Office of the Regional Chief Counsel, 6401 Security Boulevard, Baltimore, Region IV, Social Security Maryland 21235–6401, (410) 966–2341. [Docket Number USTR–2020–0009] Administration, Sam Nunn Atlanta For information on eligibility or filing Federal Center, 61 Forsyth Street SW, for benefits, call our national toll-free Request for Comments Concerning the Suite 20T45, Atlanta, GA 30303–8910. number, 1–800–325–0778, or visit our Extension of Particular Exclusions Office of the Regional Chief Counsel, internet site, Social Security Online, at Granted Under the May 2019 Product Region V, Social Security http://www.socialsecurity.gov. Exclusion Notice From the $34 Billion Administration, 200 West Adams Street, Action Pursuant to Section 301: 30th Floor, Chicago, IL 60606–5208. SUPPLEMENTARY INFORMATION: On China’s Acts, Policies, and Practices Office of the Regional Chief Counsel, October 9, 2019, the President of the Related to Technology Transfer, Region VI, Social Security United States issued E.O. 13891.1 E.O. Intellectual Property, and Innovation Administration, 1301 Young Street, Ste. 13891 states that it is the policy of the 340, Mailroom 104, Dallas, TX 75202– executive branch, to the extent AGENCY: Office of the United States 5433. consistent with applicable law, to Trade Representative. Office of the Regional Chief Counsel, require that agencies treat guidance ACTION: Notice and request for Region VII, Social Security documents as non-binding both in law comments. Administration, Richard Bolling Federal and in practice, except as incorporated Building, 601 E 12th Street, Room 965, into a contract; take public input into SUMMARY: Effective July 6, 2018, the U.S. Kansas City, MO 64106–2898. account when appropriate in Trade Representative imposed Office of the Regional Chief Counsel, formulating guidance documents; and additional duties on goods of China Region VIII, Social Security with an annual trade value of Administration, 1961 Stout Street, Suite make guidance documents readily available to the public. In order to make approximately $34 billion as part of the 4169, Denver, CO 80294–4003. action in the Section 301 investigation guidance documents readily available to Office of the Regional Chief Counsel, of China’s acts, policies, and practices the public, E.O. 13891 requires that each Region IX, Social Security related to technology transfer, Administration, 160 Spear Street, Suite agency or agency component, as intellectual property, and innovation. 800, San Francisco, CA 94105–1545. appropriate, establish or maintain on its The U.S. Trade Representative initiated Office of the Regional Chief Counsel, website a single, searchable, indexed the exclusion process in July 2018 and Region X, Social Security portal that contains or links to all granted multiple sets of exclusions. The Administration, 701 Fifth Avenue, Suite guidance documents in effect from such fourth set of exclusions was granted in 2900 M/S 221A, Seattle, WA 98104– agency or component. It also requires May 2019, and are scheduled to expire 7075. that the guidance document portal on May 14, 2020. The U.S. Trade Office of Program Law, Office of the include a statement informing the Representative has decided to consider General Counsel, Social Security public that guidance documents lack the a possible extension for up to 12 months Administration, 6401 Security force and effect of law, except as of particular exclusions granted in May Boulevard, Altmeyer Building, Room authorized by law or as incorporated 2019. The Office of the U.S. Trade 617, Baltimore, MD 21235–6401. into a contract. Each agency or agency Representative (USTR) invites public Andrew Saul, component, as appropriate, must comment on whether to extend Commissioner of Social Security. establish its guidance document portal particular exclusions. [FR Doc. 2020–04246 Filed 2–28–20; 8:45 am] by February 28, 2020. DATES: BILLING CODE 4191–02–P We are announcing our new guidance March 12, 2020 at 12:01 a.m. ET: The document portal, which is available at docket (USTR–2020–0009) will open for www.socialsecurity.gov/guidance. By comments on the possible extension of SOCIAL SECURITY ADMINISTRATION February 28, 2020, you will be able to particular exclusions. [Docket No. SSA–2020–0002] access from our portal all of our April 12, 2020 at 11:59 p.m. ET: To guidance documents remaining in be assured of consideration, submit Announcing Our Guidance Document effect. We will also make this notice written comments by this deadline. Portal available on the portal. ADDRESSES: Submit public comments AGENCY: Social Security Administration. Dated: February 24, 2020. through the Federal eRulemaking Portal: https://www.regulations.gov. The docket ACTION: Notice. Andrew Saul, number is USTR–2020–0009. USTR Commissioner of Social Security. SUMMARY: This notice announces our strongly encourages all commenters to new guidance document portal [FR Doc. 2020–04177 Filed 2–28–20; 8:45 am] use Form A to submit comments. If established under Executive Order BILLING CODE 4191–02–P applicable, Form B (which requests 13891, ‘‘Promoting the Rule of Law Business Confidential Information Through Improved Agency Guidance (BCI)), along with a copy of the Documents’’ (E.O. 13891) and the Office corresponding Form A, must be of Management and Budget’s (OMB) submitted via email at memorandum, M–20–02, ‘‘Guidance [email protected]. See Implementing Executive Order 13891, the submission instructions below. Titled ’Promoting the Rule of Law FOR FURTHER INFORMATION CONTACT: Through Improved Agency Guidance USTR Assistant General Counsels Philip Documents.’ ’’ 1 84 FR 55235, available at https:// Butler or Benjamin Allen at (202) 395– www.federalregister.gov/documents/2019/10/15/ FOR FURTHER INFORMATION CONTACT: 2019-22623/promoting-the-rule-of-law-through- 5725. Jennifer Dulski, Office of Regulations improved-agency-guidance-documents. SUPPLEMENTARY INFORMATION:

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A. Background product remains available only from exclusions granted by the May 2019 For background on the proceedings in China. In addressing this factor, notice, this field must specify May 14, this investigation, please see the prior commenters specifically should address: 2019. • • The full article description for the notices issued in the investigation, Whether the particular product exclusion you are commenting on and including 82 FR 40213 (August 23, and/or a comparable product is the 10-digit code, as provided in the 2017), 83 FR 14906 (April 6, 2018), 83 available from sources in the United Federal Register notice granting the FR 28710 (June 20, 2018), 83 FR 40823 States and/or in third countries. • exclusion. Please indicate if the (August 16, 2018), 83 FR 47974 Any changes in the global supply exclusion is a 10-digit HTSUS code (September 21, 2018), 83 FR 65198 chain since July 2018 with respect to the (covering all products under a single 10- (December 19, 2018), 84 FR 7966 (March particular product or any other relevant digit HTSUS number). 5, 2019), 84 FR 20459 (May 9, 2019), 84 industry developments. • • Whether the product or products FR 43304 (August 20, 2019), 84 FR The efforts, if any, the importers or covered by the exclusion are subject to 45821 (August 30, 2019), 84 FR 69447 U.S. purchasers have undertaken since an antidumping or countervailing duty (December 18, 2019), and 85 FR 3741 July 2018 to source the product from the order issued by the U.S. Department of (January 22, 2020). United States or third countries. In addition, USTR will continue to Commerce. Effective July 6, 2018, the U.S. Trade • Whether you support or oppose Representative imposed additional 25 consider whether the imposition of additional duties on the products extending the exclusion and an percent duties on goods of China explanation of your rationale. classified in 818 8-digit subheadings of covered by the exclusion will result in severe economic harm to the commenter Commenters must provide a public the Harmonized Tariff Schedule of the version of their rationale, even if the United States (HTSUS), with an or other U.S. interests. USTR strongly encourages that commenter also is submitting a Form B approximate annual trade value of $34 with more detailed, confidential billion. See 83 FR 28710. The U.S. commenters complete Form A (which will be posted on USTR’s website by the information. Trade Representative’s determination • Whether the products covered by time the docket opens) and submit the included a decision to establish a the exclusion or comparable products completed Form A to https:// process by which U.S. stakeholders are available from sources in the U.S. or www.regulations.gov. The docket could request exclusion of particular in third countries. Please include number is USTR–2020–0009. USTR will products classified within an 8-digit information concerning any changes in post completed Form A’s on the public HTSUS subheading covered by the $34 the global supply chain since July 2018 docket. billion action from the additional with respect to the particular product. In addition to submitting Form A, duties. The U.S. Trade Representative • Whether the commenter will be commenters who are importers and/or issued a notice setting out the process submitting Form B. for the product exclusions, and opened purchasers of the products covered by As indicated above, information a public docket. See 83 FR 32181 (the the exclusion also should complete submitted on Form B will not be July 11 notice). Form B (which will be posted on publically available. Form B requires The July 11 notice required USTR’s website by the time the docket commenters who are importers and/or submission of requests for exclusion opens) and submit it, along with a copy purchasers of the products covered by from the $34 billion action no later than of their completed Form A, via email at the exclusion to provide the following October 9, 2018, and noted that the U.S. [email protected]. Form information: Trade Representative periodically A must be submitted via email with • The efforts you have undertaken would announce decisions. The U.S. Form B and submitted as a single since July 2018 to source the product Trade Representative granted multiple document (without Form B) to docket from the United States or third sets of exclusions. The fourth set of USTR–2020–0009 at https:// countries. exclusions was granted in May 2019, www.regulations.gov. • The value and quantity of the and are scheduled to expire on May 14, Form B requests BCI information, and Chinese-origin product covered by the 2020. See 84 FR 21389 (May 14, 2019) will not be posted on the public docket. specific exclusion request purchased in (May 2019 notice). To facilitate advance preparation of 2018, the first half of 2018, and the first submissions, facsimiles of Forms A and half of 2019. Whether these purchases B. Possible Extensions of Particular B are annexed to this notice and will be Product Exclusions are from a related company, and if so, available electronically at https:// the name of and relationship to the The U.S. Trade Representative has ustr.gov/issue-areas/enforcement/ related company. decided to consider a possible extension section-301-investigations/section-301- • Whether Chinese suppliers have for up to 12 months of particular china/34-billion-trade-action. lowered their prices for products exclusions granted in the May 2019 Set forth below is a summary of the covered by the exclusion following the notice. Accordingly, USTR invites information to be entered on Form A: imposition of duties. public comments on whether to extend • Contact information, including the • The value and quantity of the particular exclusions granted in the May full legal name of the organization product covered by the exclusion 2019 notice. At this time, USTR is not making the comment, whether the purchased from domestic and third considering comments concerning commenter is a third party (e.g., law country sources in 2018, the first half of possible extensions of exclusions firm, trade association, or customs 2018, and the first half of 2019. granted under any other product broker) submitting on behalf of an • If applicable, the commenter’s gross exclusion notice. organization or industry, and the name revenue for 2018, the first half of 2018, USTR will evaluate the possible of the third party organization, if and the first half of 2019. extension of each exclusion on a case- applicable. • Whether the Chinese-origin product by-case basis. The focus of the • The publication date of the Federal of concern is sold as a final product or evaluation will be whether, despite the Register notice containing the exclusion as an input. first imposition of these additional on which you are commenting. Since • Whether the imposition of duties on duties in July 2018, the particular USTR at this time only is considering the products covered by the exclusion

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will result in severe economic harm to opening of the docket on March 12, assigned control number 0350–0015, the commenter or other U.S. interests. 2020, and the April 12, 2020 submission which expires January 31, 2023, to this • Any additional information in deadline. By submitting a comment, you information collection. support or in opposition of the are certifying that the information extending the exclusion. provided is complete and correct to the Joseph Barloon, Commenters also may provide any best of your knowledge. General Counsel, Office of the U.S. Trade other information or data that they Representative. D. Paperwork Reduction Act consider relevant. BILLING CODE 3290–F0–P In accordance with the requirements C. Submission Instructions of the Paperwork Reduction Act of 1995 To be assured of consideration, you and its implementing regulations, the must submit your comment between the Office of Management and Budget has

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[FR Doc. 2020–04207 Filed 2–28–20; 8:45 am] the Federal eRulemaking portal: http:// waivers automatically are considered in BILLING CODE 3290–F0–C www.regulations.gov (Regulations.gov). the GSP annual review process without Follow the instructions for submitting the filing of a petition. As described petitions in section III below. For below, USTR only will accept petitions OFFICE OF THE UNITED STATES alternatives to online submissions, in opposition to a potential de minimis TRADE REPRESENTATIVE please contact Claudia Chlebek in waiver for a particular product. advance of the submission deadline at List III identifies GSP-eligible articles Notice of the 2020 Generalized System [email protected], or 202–395–2974. from certain BDCs that currently are not of Preferences (GSP) Annual Review FOR FURTHER INFORMATION CONTACT: receiving GSP duty-free treatment but and the Deadline for Filing Petitions Claudia Chlebek at [email protected], or may be considered for GSP redesignation based on 2019 trade data AGENCY: Office of the United States 202–395–2974. Trade Representative. SUPPLEMENTARY INFORMATION: The GSP and consideration of certain statutory factors. Note that products exceeding ACTION: Notice of available statistics and program provides for the duty-free treatment of designated articles when the 50 percent CNL may be considered announcement of the 2020 GSP Annual for redesignation if there was no U.S. Review. imported from designated BDCs. The GSP program is authorized by Title V of production of a like or directly SUMMARY: The Office of the United the Trade Act of 1974, as amended competitive product in the last three States Trade Representative (USTR) will (Trade Act) (19 U.S.C. 2461–2467), and years. consider petitions to modify the GSP is implemented in accordance with List IV identifies GSP-eligible articles status of GSP beneficiary developing Executive Order 11888 of November 24, from BDCs that currently have a CNL countries (BDCs) because of country 1975, as modified by subsequent waiver but where imports of the article practices; add products to GSP Executive Orders and Presidential have exceeded 150 percent of the CNL eligibility; remove products from GSP Proclamations. or 75 percent of the appraised value of total imports of that article. Unless the eligibility for one or more countries; I. 2019 Import Statistics Related to waive competitive need limitations President grants a continuation of the CNLs, De Minimis Waivers, and waiver in response to a petition filed by (CNLs); deny de minimis waivers for Product Redesignations eligible products; or redesignate an interested party, these products will currently excluded products. This USTR has posted the 2019 import be removed from GSP eligibility on review will include separate hearings on statistics relating to CNLs, de minimis November 1, 2020. accepted country practice review and waivers, and product redesignations on II. 2020 GSP Annual Review product petitions, which USTR will the USTR website at https://ustr.gov/ _ A. Country Practice Review Petitions announce in the Federal Register at a sites/default/files/IssueAreas/gsp/2020 _ _ _ _ later date. GSP Annual Review-2019 Import An interested party may submit a Statistics.pdf. These statistics include DATES: March 26, 2020 at 11:59 p.m. petition to review the GSP eligibility of three lists: EST: Deadline for submission of any BDC with respect to any of the List I identifies GSP-eligible articles petitions to modify the GSP status of designation criteria listed in sections from BDCs that exceeded a CNL in 2019 GSP BDCs because of country practices; 502(b) and 502(c) of the Trade Act (19 by having been imported into the add products to GSP eligibility; remove U.S.C. 2462(b) and (c)). The docket United States in a quantity valued in products from GSP eligibility for one or number is USTR–2020–0003. excess of $190 million, or in a quantity more countries; waive CNLs; deny de equal to or greater than 50 percent of the B. Product Review Petitions minimis waivers for eligible products; or total U.S. import value for this product An interested party may submit the redesignate currently excluded in 2019. Unless the President grants a following petitions: products. USTR will not consider waiver in response to a petition filed by Product addition petitions: Petitions petitions submitted after the deadline. an interested party, these products to designate additional articles as USTR will announce the petitions automatically will be removed from GSP eligible for GSP benefits, including accepted for review, along with a eligibility on November 1, 2020. designating articles as eligible only for schedule for any related public List II identifies GSP-eligible articles countries designated as least-developed hearings, and the opportunity for the from BDCs that are above the 50 percent beneficiary developing countries public to provide comments at a later CNL but are eligible for a de minimis (LDBDCs), or as beneficiary sub-Saharan date. waiver since total U.S. imports of the African countries under the African ADDRESSES: USTR strongly prefers product in 2019 were less than $24.5 Growth and Opportunity Act (AGOA). electronic submissions made through million. Articles eligible for de minimis Petitioners seeking to add products to

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eligibility for GSP benefits should note B. General Requirements petition type—the eight or ten digit that, as provided in section 503(b) of the All submissions for the 2020 GSP HTSUS number or country name—if Trade Act (19 U.S.C. 2463(b)), certain annual review must conform to the GSP needed for product petition, country articles may not be designated as regulations set forth at 15 CFR part 2007 name—name of entity submitting the eligible articles under GSP. The docket (https://www.ecfr.gov/cgi-bin/text- petition. To meet length constraints, you number is USTR–2020–0004. idx?SID=2688e93e can use acronyms and abbreviations in Product removal petitions: Petitions to 7a801d4294d011d7afcc7347& submission titles. You will receive a tracking number remove, suspend, or limit the mc=true&node=pt15.3.2007&rgn=div5), confirming that your submission was application of duty-free treatment except as modified below. accorded under GSP with respect to any All submissions must be in English received into Regulations.gov that you article. The docket number is USTR– and submitted electronically via should keep for your records. USTR is not responsible for any 2020–0005. Regulations.gov using the docket delays in a submission due to technical CNL waiver petitions: Any interested number for the type of petition listed in difficulties, and is unable provide any party may submit a petition seeking a section III.A above. USTR will not technical assistance for Regulations.gov. waiver of the 2020 CNL for individual accept hand-delivered submissions. USTR may not consider documents that BDCs with respect to specific GSP- To make a submission via you do not submit in accordance with eligible articles (these limits, however, Regulations.gov, enter the these instructions. do not apply to LDBDCs or AGOA corresponding docket number for the beneficiary countries). Interested parties If you cannot provide submissions as type of petition in the ‘search for’ field requested, please contact Claudia filing CNL waiver petitions should on the home page and click ‘search.’ indicate whether there was production Chlebek in advance of the submission The site will provide a search-results deadline at [email protected] or (202) of a like or directly competitive product page listing all documents associated in the United States during the previous 395–2974 to arrange for an alternative with this docket. Find a reference to this method of transmission. three calendar years (that is, 2017 to notice by selecting ‘notice’ under 2019). The docket number is USTR– ‘document type’ in the ‘filter results by’ C. Business Confidential Petitions 2020–0006. section on the left side of the screen and You must clearly designate business Petitions for denial of de minimis click on the link entitled ‘comment confidential information (BCI) by waivers: USTR automatically will now.’ For additional information on marking the submission ‘BUSINESS consider all de minimis waivers. Thus, using the Regulations.gov website, CONFIDENTIAL’ at the top and bottom USTR will only accept petitions to deny please consult the resources provided of the cover page and each succeeding de minimis waivers for particular on the website by clicking on ‘how to page, and indicating, via brackets, the products. The docket number is USTR– use this site’ on the left side of the home specific information that is confidential. 2020–0007. page. A submitter requesting that USTR Petitions for redesignation: Interested The Regulations.gov website allows treat information in a submission as BCI parties may file petitions to grant users to provide comments by filling in must certify that the information is redesignation of products for which a ‘type comment’ field or by attaching business confidential and would not import quantities are below the dollar a document using the ‘upload file(s)’ customarily be released to the public by value CNL ($190 million for 2019) and field. USTR prefers that you provide the submitter. below 50 percent of total U.S. imports. submissions in an attached document. You must include ‘business If a petitioner believes there has been no Submissions should not exceed 30 confidential’ in the ‘type comment’ U.S. production of a like or directly single-spaced, standard letter-size pages field, and must add ‘business competitive product in the past three in 12-point type, including attachments. confidential’ to the end of your file years, USTR also will consider petitions Include any data attachments to the name for any attachments. to grant redesignation of products for submission in the same file as the For any submission containing BCI, which imports are below the dollar submission itself, and not as separate you also must attach a separate non- value CNL ($190 million for 2019) but files. confidential version (i.e., not as part of that exceed 50 percent of total U.S. Submissions should follow the the same submission with the BCI imports. The docket number is USTR– following format: version), indicating where confidential 2020–0008. In the top left corner of the first page, information has been redacted. USTR the following information should III. Requirements for Submissions will place the non-confidential version appear: in the docket and it will be available for A. Docket Numbers • 2020 GSP Annual Review. public inspection. • Petition type (e.g., Petition for To submit petitions, use the following USTR may not accept BCI continuation of a CNL waiver, Country docket numbers: submissions that do not have the Practice Review Petition, etc.). required markings, or are not Country Practice Review Petitions: • For product petitions: The eight or accompanied by a properly marked non- Docket number USTR–2020–0003. ten digit Harmonized Tariff Schedule of confidential version, and may consider Product Addition Petitions: Docket the United States (HTSUS) subheading the submission to be a public document. number USTR–2020–0004. number in which the product is Product Removal Petitions: Docket classified. D. Public Viewing of Review number USTR–2020–0005. • For country practice petitions: The Submissions CNL Waiver Petitions: Docket number name of the country. Submissions responding to this USTR–2020–0006. • If the product petition is for a notice, except for information granted Petitions for Denial of De Minimis specific BDC, the name of the BDC. BCI status under 15 CFR part 2003.6, Waivers: Docket number USTR–2020– • Name of the entity submitting the will be available for public viewing at 0007. petition. Regulations.gov upon completion of Petitions for Redesignation: Docket You should save your petition with a processing. You can view submissions number USTR–2020–0008. title similar to the bullets above, e.g., by entering the relevant docket number

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listed in section III.A in the search field [email protected] or by calling other safety-related records for the past at Regulations.gov. 405–954–4646. 5 year period as specified in PRIA. The Laura Buffo, SUPPLEMENTARY INFORMATION: FAA information disclosed under PRIA are medical and airman certificate Deputy Assistant U.S. Trade Representative Public Comments Invited: You are for the Generalized System of Preferences, asked to comment on any aspect of this verifications as well as any closed Office of the U.S. Trade Representative. information collection, including (a) enforcement and revocation data. The [FR Doc. 2020–04220 Filed 2–28–20; 8:45 am] Whether the proposed collection of air carrier information disclosed under BILLING CODE 3290–F0–P information is necessary for FAA’s PRIA are those concerning pilot performance; (b) the accuracy of the performance and training, disciplinary estimated burden; (c) ways for FAA to actions and removal from service, and DEPARTMENT OF TRANSPORTATION enhance the quality, utility and clarity drug and alcohol testing records. of the information collection; and (d) Records from the Department of Motor Federal Aviation Administration ways that the burden could be Vehicles of any particular State would minimized without reducing the quality include records of drug and alcohol [Docket No. FAA–2019–0946] of the collected information. The agency convictions. PRIA request forms can be will summarize and/or include your Agency Information Collection received by fax or mail; however, the comments in the request for OMB’s Activities: Requests for Comments; most common method is by email clearance of this information collection. Clearance of Renewed Approval of attachment, one pilot/applicant per Information Collection: Pilot Records OMB Control Number: 2120–0607. form. Each 8060–10 form will include Improvement Act of 1996/Pilot Record Title: Pilot Records Improvement Act all information needed to process the Database of 1996/Pilot Record Database. requested PRIA report. FAA Form 8060– Form Numbers: xx is being added to this collection to AGENCY: Federal Aviation FAA 8060–10 FAA RECORDS allow pilots to release their FAA records Administration (FAA), DOT. REQUEST (PRIA) to a hiring aviation employer when they ACTION: Notice and request for FAA 8060–10 AIRMAN NOTICE AND cannot release the records themselves comments. RIGHT TO RECEIVE COPY—FAA via the PRD website. Use of FAA Form RECORDS (PRIA) SUMMARY: In accordance with the 8060–xx is not required if FAA Form Paperwork Reduction Act of 1995, FAA FAA 8060–11 AIR CARRIER AND 8060–10 is used or if the pilot releases invites public comments about our OTHER RECORDS REQUEST (PRIA) the records themselves via the PRD intention to request the Office of FAA 8060–11A AIRMAN NOTICE AND website. The specific form number is Management and Budget (OMB) RIGHT TO RECEIVE COPY—AIR not yet determined. In addition to the approval to renew an information CARRIER AND OTHER RECORDS forms, information is collected via a collection. The Federal Register Notice (PRIA) website to allow interested persons to with a 60-day comment period soliciting FAA 8060–12 AUTHORIZATION FOR register in MyAccess. MyAccess is a comments on the following collection of RELEASE OF DOT DRUG AND user-management and identity information was published on December ALCOHOL TESTING RECORDS verification service used to control who 26, 2019. This collection involves the UNDER PRIA AND MAINTAINED has access to the PRD. pilot/applicant’s name, home address UNDER TITLE 49 CODE OF which is provided by the applicant, and FEDERAL REGULATIONS (49 CFR) Respondents: The PRIA representative his/her FAA certificate number. In most PART 40 at each part 121, 125 and 135 air carrier cases, the certificate number is one that FAA 8060–13 NATIONAL DRIVER is responsible for completing, has been assigned by Airmen REGISTER RECORDS REQUEST forwarding, receiving and providing the Certification. The information collected (PRIA) air carrier with the completed PRIA is imperative to be able to identify the FAA FORM 8060–XX PILOT report so the air carrier can make a more airman in order to process the required CONSENT/REVOCATION FOR AIR informed hiring decision concerning background check for the potential CARRIER ACCESS TO PILOT each pilot/applicant. One complete hiring air carrier employer. RECORDS DATABASE PRIA package is required for every DATES: Written comments should be Type of Review: Revision of an pilot/applicant. The FAA processes submitted by April 1, 2020. information collection. approximately 24,120 PRIA packages ADDRESSES: Interested persons are Background: The Federal Register per year from respondents. invited to submit written comments on Notice with a 60-day comment period Frequency: On occasion. the proposed information collection to soliciting comments on the following Estimated Average Burden per the Office of Information and Regulatory collection of information was published Response: 2.13 hours. Affairs, Office of Management and on December 26, 2019 (2019–27707). Budget. Comments should be addressed This notice includes an updated burden Estimated Total Annual Burden: to the attention of the Desk Officer, analysis. The Pilot Records 96,871 hours. Department of Transportation/FAA, and Improvement Act of 1996 (PRIA) as Issued in Oklahoma City, OK, on February sent via electronic mail to oira_ amended, was enacted to ensure that 25, 2020. [email protected], or faxed to part 121, 125 and 135 air carriers and air Christopher Morris, (202) 395–6974, or mailed to the Office operators adequately investigate a of Information and Regulatory Affairs, pilot’s background before allowing that PRD/PRIA Program Manager, Regulatory Office of Management and Budget, pilot to conduct commercial air carrier Support Division, Flight Standards Service, Docket Library, Room 10102, 725 17th flights for their company. Under PRIA, Office of Aviation Safety AFS–620. Street NW, Washington, DC 20503. a hiring employer cannot place a pilot [FR Doc. 2020–04172 Filed 2–28–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: into service until they obtain, review BILLING CODE 4910–13–P Christopher Morris by email at and approve the pilot’s background and

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DEPARTMENT OF TRANSPORTATION The project proposes to construct a 1536]; Fish and Wildlife Coordination transportation solution to improve Act [16 U.S.C. 661–667(d)]; Migratory Federal Highway Administration connectivity from I–215 to the local Bird Treaty Act [16 U.S.C. 703–712]; roadway network by constructing an The Bald and Golden Eagle Protection Notice of Final Federal Agency Actions approximate 1-mile frontage road Act [16 U.S.C. 668]. on Proposed Highway in Utah between 4100 South and 4700 South 5. Historic and Cultural Resources: and associated local roadway AGENCY: Utah Department of Section 106 of the National Historic Transportation (UDOT), Federal improvements between 2200 West and 2700 West in Taylorsville City, Salt Preservation Act of 1966, as amended Highway Administration (FHWA), [16 U.S.C. 470(f) et seq.]; Archeological Department of Transportation. Lake County, Utah. These Resources Protection Act of 1977 [16 ACTION: improvements were identified in the Notice of limitations on claims U.S.C. 470(aa)–470(ll)]; Archeological for judicial review of actions by UDOT. Environmental Assessment (EA) prepared for the project by UDOT as and Historic Preservation Act [16 U.S.C. SUMMARY: The FHWA, on behalf of Alternative 1. The project is included in 469–469(c)]. UDOT, is issuing this notice to UDOT’s adopted 2020–2025 State 6. Social and Economic: Civil Rights announce actions taken by UDOT that Transportation Improvement Plan Act of 1964 [42 U.S.C. 2000(d)– are final Federal agency actions. The (STIP) as project number F–I215(196)16; 2000(d)(1)]; American Indian Religious final agency actions relate to a proposed PIN 17953. The project is also included Freedom Act [42 U.S.C. 1996]; Farmland highway project, a southbound frontage in the Wasatch Front Regional Council’s Protection Policy Act (FPPA) [7 U.S.C. road along Interstate 215 (I–215) 2019–2050 Regional Transportation 4201–4209]. between 4100 South and 4700 South in Plan. Taylorsville City, Salt Lake County, The actions by UDOT and the laws 7. Wetlands and Water Resources: State of Utah. Those actions grant under which such actions were taken Clean Water Act (Section 404, Section licenses, permits and/or approvals for are described in the EA approved on 401, Section 319) [33 U.S.C. 1251– the project. The UDOT’s Environmental February 18, 2020, the UDOT FONSI 1377]; Safe Drinking Water Act (SDWA) Assessment and Finding of No (Finding of No Significant Impact for I– [42 U.S.C. 300(f)–300(j)(6)]; Rivers and Significant Impact, provide details on 215 Southbound Frontage Road in Salt Harbors Act of 1899 [33 U.S.C. 401– the Selected Alternative for the Lake County, Utah, Project No. F– 406]; Emergency Wetlands Resources proposed improvements. I215(188)16 approved on February 18, Act [16 U.S.C. 3921, 3931]; TEA–21 DATES: By this notice, FHWA, on behalf 2020), and other documents in the Wetlands Mitigation [23 U.S.C. of UDOT, is advising the public of final UDOT project records. The EA and the 103(b)(6)(M, 133(b)(11)]; Flood Disaster agency actions subject to 23 U.S.C. FONSI are available for review by Protection Act [42 U.S.C. 4001–4128]. 139(l)(1). A claim seeking judicial contacting UDOT at the address 8. Hazardous Materials: review of the Federal agency actions on provided above. In addition, these the highway project will be barred documents can be viewed and Comprehensive Environmental unless the claim is filed on or before downloaded from the UDOT project Response, Compensation, and Liability July 30, 2020. If the Federal law that website at https://www.udot.utah.gov/ Act [42 U.S.C. 9601–9675]; Superfund authorizes judicial review of a claim projectpages/ Amendments and Reauthorization Act provides a time period of less than 150 f?p=250:2007:0::NO:2007:P2007_EPM_ of 1986; Resource Conservation and days for filing such claim, then that PROJ_XREF_NO,P2007_PROJECT_ Recovery Act [42 U.S.C. 6901–6992(k)]. _ _ shorter time period still applies. TYPE IND FLAG:13061. This notice 9. Noise: Federal-Aid Highway Act of FOR FURTHER INFORMATION CONTACT: applies to the EA, the FONSI, the 1970, Public Law 91–605 [84 Stat. Section 4(f) determination, the NHPA Elisa Albury, Environmental Program 1713]; 23 U.S.C. 109(h) & (i). Section 106 review, the Endangered Manager, UDOT Environmental 10. Executive Orders: E.O. 11990 Services, PO Box 143600, Salt Lake City, Species Act determination, the noise Protection of Wetlands; E.O. 11988 UT 84114; (801)–965–4000; email: review and noise abatement Floodplain Management; E.O. 12898, [email protected]. UDOT’s normal determination, and all other UDOT and Federal Actions to Address business hours are 8 a.m. to 5 p.m. other federal agency decisions and other (Mountain Time Zone), Monday through actions with respect to the project as of Environmental Justice in Minority Friday, except State and Federal the issuance date of this notice and all Populations and Low-Income holidays. laws under which such actions were Populations; E.O. 11593 Protection and taken, including but not limited to the Enhancement of Cultural Resources; SUPPLEMENTARY INFORMATION: Effective following laws (including their E.O. 13287 Preserve America; E.O. January 17, 2017, FHWA assigned to implementing regulations): 13175 Consultation and Coordination UDOT certain responsibilities of FHWA 1. General: National Environmental with Indian Tribal Governments; E.O. for environmental review, consultation, Policy Act [42 U.S.C. 4321–4351]; 11514 Protection and Enhancement of and other actions required by applicable Federal-Aid Highway Act [23 U.S.C. 109 Federal environmental laws and Environmental Quality; E.O. 13112 and 23 U.S.C. 128]; MAP–21, the Invasive Species. regulations for highway projects in Moving Ahead for Progress in the 21st Utah, pursuant to 23 U.S.C. 327. Actions Century Act [Pub. L. 112–141]. (Catalog of Federal Domestic Assistance taken by UDOT on FHWA’s behalf 2. Air: Clean Air Act [42 U.S.C. 7401– Program Number 20.205, Highway pursuant to 23 U.S.C. 327 constitute 7671(q)]. Planning and Construction. The Federal agency actions for purposes of 3. Land: Section 4(f) of the regulations implementing Executive Federal law. Notice is hereby given that Department of Transportation Act of Order 12372 regarding UDOT has taken final agency actions 1966 [49 U.S.C. 303]; Landscaping and intergovernmental consultation on subject to 23 U.S.C. § 139(l)(1) by Scenic Enhancement (Wildflowers) [23 Federal programs and activities apply to issuing licenses, permits, and approvals U.S.C. 319]. this program.) for the I–215 Southbound Frontage Road 4. Wildlife: Endangered Species Act project in the State of Utah. [16 U.S.C. 1531–1544 and Section (Authority: 23 U.S.C. 139 (l)(1))

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Dated: February 25, 2020. public agencies to replace, rehabilitate, statutes, regulations, executive orders, Ivan Marrero, purchase, or lease buses, vans, and FTA circulars, and other Federal Division Administrator, Federal Highway related equipment, and for capital requirements in carrying out the project Administration, Salt Lake City, Utah. projects to rehabilitate, purchase, supported by the FTA grant. FTA [FR Doc. 2020–04235 Filed 2–28–20; 8:45 am] construct, or lease bus-related facilities. emphasizes that recipients must follow BILLING CODE 4910–RY–P In response to the NOFO, FTA received all third-party procurement 318 eligible project proposals from 43 requirements set forth in Federal public States and the District of Columbia, transportation law (49 U.S.C. 5325(a)) DEPARTMENT OF TRANSPORTATION totaling approximately $1.89 billion in and described in the FTA Third Party Federal funds. Project proposals were Contracting Guidance Circular (FTA Federal Transit Administration evaluated based on each applicant’s Circular 4220.1). Funds allocated in this responsiveness to the program announcement must be obligated in a Announcement of Fiscal Year 2019 evaluation criteria outlined in the grant by September 30, 2023. Grants for Buses and Bus Facilities NOFO. Technical Review And Evaluation Program Project Selections Based on the criteria in the NOFO, Summary: The FTA assessed all project AGENCY: Federal Transit Administration FTA is funding 94 projects, as shown in proposals that were submitted under the (FTA), DOT. Table 1, for a total of $423,329,839. FY 2019 Bus Program competition Recipients selected for competitive ACTION: Notice; announcement of project according to the following evaluation funding are required to work with their selections. Grants for Buses and Bus criteria. The specific metrics for each FTA Regional Office to submit a grant Facilities Program. criterion were described in the May 15, application in FTA’s Transit Award 2019, NOFO: SUMMARY: The U.S. Department of Management System (TrAMS) for the 1. Demonstration of Need Transportation’s (DOT) Federal Transit projects identified in the attached table 2. Demonstration of Benefits Administration (FTA) announces the to quickly obligate funds. Grant 3. Planning/Local Prioritization allocation of $423,329,839 to projects applications must only include eligible 4. Local Financial Commitment under the Fiscal Year (FY) 2019 Grants activities applied for in the original 5. Project Implementation Strategy for Buses and Bus Facilities Program project application. Funds must be used 6. Technical, Legal, and Financial (Bus Program) and provides consistent with the competitive Capacity administrative guidance on project proposal and for the eligible capital For each project, a technical review implementation. purposes described in the NOFO. panel assigned a rating of Highly In cases where the allocation amount FOR FURTHER INFORMATION CONTACT: Recommended, Recommended, or Not is less than the proposer’s total Recommended for each of the six Successful applicants should contact requested amount, recipients are the appropriate FTA Regional Office for criteria. The technical review panel then required to fund the scalable project assigned an overall rating of Highly information regarding applying for the option as described in the application. funds or program-specific information. Recommended, Recommended, Not If the award amount does not Recommended, or Ineligible to the A list of Regional Offices can be found correspond to the scalable option, the at www.transit.dot.gov/. Unsuccessful project proposal. recipient should work with the Regional Projects were assigned a final overall applicants may contact Mark G. Office to reduce scope or scale the rating of Highly Recommended if they Bathrick, Office of Program Management project such that a complete phase or were rated Highly Recommended in at at (202) 366–9955, email: project is accomplished. Recipients may least four categories overall, with no Not [email protected], within 30 days also provide additional local funds to Recommended ratings. Projects were of this announcement to arrange a complete a proposed project. A assigned a final overall rating of proposal debriefing. A TDD is available discretionary project identification Recommended if the projects had three at 1–800–877–8339 (TDD/FIRS). number has been assigned to each or more Recommended ratings and no SUPPLEMENTARY INFORMATION: Federal project for tracking purposes and must Not Recommended ratings. Projects public transportation law (49 U.S.C. be used in the TrAMS application. were assigned a rating of Not 5339(b)) authorizes FTA to make Selected projects are eligible to incur Recommended if they received a Not competitive grants for buses and bus costs under pre-award authority no Recommended rating in any criteria. A facilities. Federal public transportation earlier than the date projects were summary of the final overall ratings for law (49 U.S.C. 5338) authorized publicly announced, November 25, all 318 eligible project proposals is $263,219,530 for competitive allocations 2019. Pre-award authority does not shown in the table below. in FY 2019. The Consolidated guarantee that project expenses incurred Appropriations Act, 2019 (Pub. L. 116– prior to the award of a grant will be OVERALL PROJECT RATINGS 6) appropriated an additional $160 eligible for reimbursement, as eligibility [Eligible submissions] million for the Bus Program for FY for reimbursement is contingent upon 2019. An additional $130,710 of other requirements, such as planning and environmental requirements, Highly Recommended ...... 188 unawarded FY 2018 funding was also Recommended ...... 96 made available. After the statutory set having been met. For more about FTA’s Not Recommended ...... 34 aside for oversight, $423,350,240 was policy on pre-award authority, please made available for competitive grants see the FTA Fiscal Year 2019 Total ...... 318 under the Bus Program. Apportionments, Allocations, and On May 15, 2019, FTA published a Program Information and Interim As outlined in the NOFO, FTA made Notice of Funding Opportunity (NOFO) Guidance (84 FR 31984). Post-award the final selections based on the (84 FR 21899) announcing the reporting requirements include technical ratings as well as geographic availability of $423,350,240 in submission of Federal Financial Reports diversity, percentage of local cost share, competitive funding under the Bus and Milestone Progress Reports in departmental objectives, location in an Program. These funds will provide TrAMS (see FTA.C.5010.1E). Recipients opportunity zone, and/or receipt of financial assistance to states and eligible must comply with all applicable Federal other recent competitive awards.

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As further outlined in the NOFO, in received less than the amount originally some cases, due to funding limitations, requested. proposers that were selected for funding K. Jane Williams, Acting Administrator. TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS

State Applicant Project ID Project description Funded amount Overall rating

AK ...... Chickaloon Native Village D2020–BUSC–001 The Chickaloon Native Village will receive funding $53,966 Highly Recommended. for a replacement accessible minivan for the Chickaloon Area Transit System (CATS). This project will improve safety, reliability and mobility for tribal residents in Southcentral Alaska. AK ...... Kenaitze Indian Tribe D2020–BUSC–002 The Kenaitze Indian Tribe will receive funding to re- 1,600,000 Highly Recommended. (IRA). habilitate a facility for transit vehicle maintenance needed to extend useful bus life and maintain a state of good repair in this rural, sub-arctic region of Alaska. This project will improve safety, state of good repair and improve service reliability for tribal residents on the Kenai Peninsula in Southcentral Alaska. AK ...... Nulato Village ...... D2020–BUSC–003 The Nulato Village will receive funding to purchase 179,885 Recommended. a bus to provide tribal residents and members of the public with safe and reliable transit to the Nulato Airport. The project will improve safety and allow residents to stay out of extreme weather while traveling to and from the airport in rural Alaska. AL ...... Tuscaloosa County Park- D2020–BUSC–004 The Tuscaloosa County Parking and Transit Author- 2,018,750 Recommended. ing and Transit Author- ity will receive funding to replace buses that are ity. at the end of their useful life. This project will im- prove safety, support state of good repair, and accommodate ridership. AZ ...... Northern Arizona Inter- D2020–BUSC–005 The Northern Arizona Intergovernmental Public 17,275,000 Highly Recommended. governmental Public Transportation Authority, which operates Moun- Transportation Authority. tain Line transit service in Flagstaff, will receive funding for essential projects, including construc- tion of a Downtown Connection Center and the purchase of all-electric buses to replace diesel and hybrid buses that have exceeded their useful life. The projects will improve safety, support state of good repair, and accommodate growing rider- ship, including students at Northern Arizona Uni- versity. AZ ...... White Mountain Apache D2020–BUSC–006 The White Mountain Apache Tribe, which operates 160,000 Highly Recommended. Tribe. the Fort Apache Connection transit service on the Fort Apache Indian Reservation in the east cen- tral region of Arizona, will receive funding to pur- chase new vehicles and expand transit service. The project will improve safety and reliability and ensure continued transit service for tribal resi- dents on the Indian Reservation, which includes parts of Navajo, Gila, and Apache counties. CA ...... California Department of D2020–BUSC–007 Full Access and Coordinated Transportation, Inc 466,883 Highly Recommended. Transportation on be- (FACT), which provides specialized transportation half of Full Access and services for residents of San Diego County, will Coordinated Transpor- receive funding to purchase accessible vehicles tation, Inc (FACT). that will replace vehicles that have exceeded their useful life. The new vehicles will improve access, mobility and service reliability for people with dis- abilities, seniors and others who use the service. CA ...... California Department of D2020–BUSC–008 Redwood Coast Transit Authority (RCTA) will re- 260,000 Highly Recommended. Transportation on be- ceive funding to purchase new buses that will re- half of Redwood Coast place buses that have exceeded their useful life. Transit Authority The new buses will improve safety, reliability and (RCTA). state of good repair for the system, which pro- vides transit service for residents in rural Del Norte County in northern California. CA ...... California Department of D2020–BUSC–009 Tehama County Transit Agency Board will receive 592,998 Highly Recommended. Transportation on be- funding to renovate existing buildings at the half of Tehama County Tehama Rural Area Express (TRAX) transit facil- Transit Agency Board. ity in Red Bluff, California. The renovations will help improve transit service and reliability for rural residents of Tehama County in northern California. CA ...... California Department of D2020–BUSC–010 Yosemite Area Regional Transportation System 4,335,000 Highly Recommended. Transportation on be- (YARTS) will receive funding to purchase battery- half of Yosemite Area electric over-the-road coach buses equipped with Regional Transportation ADA lifts and restrooms. The new vehicles will System. improve access and transit service for residents and visitors to Yosemite National Park and the surrounding communities.

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TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS—Continued

State Applicant Project ID Project description Funded amount Overall rating

CA ...... Fresno Council of Gov- D2020–BUSC–011 The Fresno Council of Governments will receive 5,145,281 Highly Recommended. ernments (Fresno funding for the Fresno County Rural Transit County Rural Transit Agency to construct a new state-of-the-art bus Agency). maintenance and operations facility. The new fa- cility will improve safety, reliability and state of good repair for the transit system, which provides service to residents throughout the rural areas of Fresno County. CA ...... Kings County Area Public D2020–BUSC–012 Kings County Area Public Transit Agency will re- 3,279,570 Highly Recommended. Transit Agency. ceive funding to purchase new buses that will re- place buses that have exceeded their useful life. The new buses will improve safety, reliability and state of good repair for the system, which pro- vides transit service for residents in the Central San Joaquin Valley. CA ...... Solano County Transit ..... D2020–BUSC–013 Solano County Transit will receive funding to plan, 1,800,000 Highly Recommended. construct, and install electrical charging infrastruc- ture to accommodate an all-electric bus fleet that is planned for the future. The project will improve safety and reliability for residents who use the transit service to travel in Solano County, which is part of the San Francisco Bay Area. CA ...... Transit Joint Powers Au- D2020–BUSC–014 The Transit Joint Powers Authority for Merced 2,000,000 Highly Recommended. thority for Merced County (The Bus) will receive funding to purchase County (The Bus). zero-emission electric buses and associated charging equipment to replace the agency’s gaso- line-fueled buses that have exceeded their useful life. The new buses will improve safety and reli- ability for residents who use the service to travel in Merced County, which is located in the San Joaquin Valley of California. CO ...... City of Colorado Springs D2020–BUSC–015 Mountain Metropolitan Transit in Colorado Springs 1,621,500 Highly Recommended. (Mountain Metropolitan will receive funding to purchase battery electric Transit). buses and charging stations to expand transit service on one of its busiest routes. The buses will allow MMT to accommodate growing ridership and provide a responsive transit service for peo- ple accessing jobs, school and community serv- ices. CO ...... Colorado Department of D2020–BUSC–016 The Colorado Department of Transportation will re- 2,015,775 Highly Recommended. Transportation ceive funding on behalf of the Town of (Breckenridge Free Breckenridge to replace diesel buses that have Ride). exceed their useful life with battery-electric vehi- cles and charging infrastructure. The fleet helps Breckenridge, home to one of Colorado’s largest ski resorts, provide access to jobs, services and tourist sites. CO ...... Colorado Department of D2020–BUSC–017 The Colorado Department of Transportation will re- 199,500 Highly Recommended. Transportation (Laradon ceive funding on behalf of Laradon Hall Society Hall Society for Excep- for Exceptional Children and Adults in Denver to tional Children and replace transit vans that transport people with dis- Adults). abilities to and from campus. The vehicles will re- place vans that have exceeded their useful life, improving safety and reliability. CO ...... Colorado Department of D2020–BUSC–018 The Colorado Department of Transportation will re- 1,788,312 Highly Recommended. Transportation (Roaring ceive funding on behalf of the Roaring Fork Fork Transportation Au- Transportation Authority to replace buses that thority). have exceeded their useful life. The replacement buses will enhance the rural transit agency’s net- work throughout the Roaring Fork Valley of Cen- tral Colorado and help accommodate growing rid- ership. CO ...... Colorado Department of D2020–BUSC–019 The Colorado Department of Transportation will re- 400,000 Recommended. Transportation ceive funding on behalf of Snowmass Village in (Snowmass Village rural Pitkin County to replace buses that have ex- Shuttle). ceed their useful life. The replacement vehicles will reduce maintenance costs and improve reli- ability for the Snowmass Village Shuttle, which provides residents access to jobs and services. CO ...... Colorado Department of D2020–BUSC–020 The Colorado Department of Transportation will re- 12,000,000 Highly Recommended. Transportation (Winter ceive funding on behalf of Winter Park Lift in Park Lift). Colorado’s Grand County, to build a maintenance facility for its bus fleet. The infrastructure invest- ment will help the three-year-old transit system house administrative offices and dispatching serv- ices, with additional space for future new buses and electric charging facilities.

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TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS—Continued

State Applicant Project ID Project description Funded amount Overall rating

DC ...... Washington Metropolitan D2020–BUSC–021 The Washington Metropolitan Area Transit Authority 11,040,000 Recommended. Area Transit Authority (WMATA) will receive funding to upgrade its (WMATA). farebox system on its fleet of buses with modern, supported technologies. This technology upgrade will enhance operational reliability, while enabling WMATA to introduce new buses to their fleet. FL ...... Broward County Transit ... D2020–BUSC–022 Broward County Transit will receive funding to reha- 17,275,000 Highly Recommended. bilitate its existing operations and maintenance buildings, construct new administration/operations and training buildings and add infrastructure for electric buses. This project will improve safety and state of good repair for facilities that were originally built in the 1980’s. FL ...... Hillsborough Area Re- D2020–BUSC–023 Hillsborough Area Regional Transit Authority 4,300,000 Highly Recommended. gional Transit Authority (HART) will receive funding to purchase new (HART). CNG buses to replace diesel buses that have ex- ceeded their useful life. This project will improve safety, state of good repair and ensure continued transit services for residents of Hillsborough County, Florida. GA ...... University of Georgia ...... D2020–BUSC–024 The University of Georgia, which provides transit 7,462,000 Highly Recommended. service to the residents of Athens, Georgia and the University of Georgia campus, will receive funding to purchase new electric buses to replace older buses that have exceeded their useful life. The new vehicles will improve safety, state of good repair and service reliability. HI ...... State of Hawaii Depart- D2020–BUSC–025 The State of Hawaii Department of Transportation 6,586,650 Recommended. ment of Transportation. will receive funding to purchase new accessible vehicles and buses to replace those that have ex- ceeded their useful life for the County of Hawai’i and the County of Kaua’i. The new vehicles will improve safety and reliability for residents who use public transit to commute to work on long commuter routes such as the Hilo-to-South Kohala Resort route (approximately 200 miles round trip) and East Hawaii-to-West Hawaii com- muter route (approximately 160 miles round trip). IA ...... Des Moines Area Re- D2020–BUSC–026 The Des Moines Area Regional Transit Authority 17,275,000 Highly Recommended. gional Transit Authority (DART) will receive funding to construct a new (DART). operations and maintenance facility to replace an outdated and undersized facility. The new building will be located in downtown Des Moines, away from the current facility’s flood-prone area. IA ...... Iowa Department of D2020–BUSC–027 The Iowa Department of Transportation will receive 9,414,785 Highly Recommended. Transportation. funding to replace rural buses throughout the state that have exceeded their useful life Iowa. DOT estimates that more than half of its state- wide transit bus fleet is in need of replacement. ID ...... City of Lewiston ...... D2020–BUSC–028 The City of Lewiston in northern Idaho will receive 64,000 Recommended. funding to construct a transit center at the Lewis- ton Community Center, which currently does not have any infrastructure designed specifically for transit needs. The project will repurpose the west side of the parking lot to construct a small transit center where passengers have access to amen- ities and where transit activities can take place more safely and reliably. IL ...... Bloomington-Normal Pub- D2020–BUSC–029 Connect Transit will receive funding to improve bus 500,000 Highly Recommended. lic Transit System (DBA stops by adding shelters and benches as well as Connect Transit). infrastructure that complies with the Americans with Disabilities Act. The upgrades will enhance safety for riders, better accommodate passenger transfers between buses, and attract new cus- tomers. IL ...... Champaign-Urbana Mass D2020–BUSC–030 The Champaign-Urbana Mass Transit District will 17,275,000 Highly Recommended. Transit District. receive funding to renovate and expand the Illi- nois Terminal, a transportation hub with local and intercity buses and passenger rail. The project will improve safety and accommodate rising demand at the terminal, which is part of a joint develop- ment project that includes plans for a hotel and conference center as well as residential and com- mercial development.

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TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS—Continued

State Applicant Project ID Project description Funded amount Overall rating

IL ...... Illinois Department of D2020–BUSC–031 The Illinois Department of Transportation (IDOT) will 8,046,999 Highly Recommended. Transportation. receive funding to replace buses, improve mainte- nance facilities and purchase bus equipment in the downstate region. The funding will allow tran- sit providers in rural areas and small cities to ac- commodate growing ridership, improve safety and reliability, address state of good repair needs and reduce maintenance costs. IN ...... Bloomington Public D2020–BUSC–032 Bloomington Transit will receive funding to replace 1,125,000 Highly Recommended. Transportation Corpora- and upgrade the fare collection system on its tion (Bloomington Tran- fixed-route service buses. The new fare collection sit). system will allow Bloomington Transit to expand fare payment options for riders, reduce farebox maintenance costs and obtain more accurate fare counts. KS ...... City of Wichita ...... D2020–BUSC–033 Wichita Transit will receive funding to build a re- 14,232,816 Recommended. placement transit center to meet current and fu- ture regional transportation needs. The building will connect 17 bus routes, four circulator trolleys and commuter transit and boost economic devel- opment in the West Bank area of the Arkansas River. KY ...... Transit Authority of River D2020–BUSC–034 The Transit Authority of River City (TARC) will re- 17,275,000 Highly Recommended. City (TARC). ceive funding to purchase new buses to replace older buses that have exceeded their useful life. This project will improve safety, state of good re- pair and improve service reliability for residents who rely on bus service in the Greater Louisville area. LA ...... Jefferson Parish, Inc (Jef- D2020–BUSC–035 Jefferson Transit will receive funding to build a new 4,300,000 Highly Recommended. ferson Transit). operations center to replace an aging, makeshift operations facility. The new center will be double the size of the current facility in order to accom- modate critical safety, dispatch and training func- tions while providing passengers seeking to pur- chase passes and fare cards with a modern facil- ity that complies with the Americans with Disabil- ities Act. LA ...... New Orleans Regional D2020–BUSC–036 The New Orleans Regional Transit Authority (RTA) 7,246,315 Highly Recommended. Transit Authority (RTA). will receive funding to purchase biodiesel buses to replace buses that RTA purchased after Hurri- cane Katrina destroyed the authority’s bus fleet in 2005. Those buses have reached the end of their useful life, and new buses will allow RTA to en- hance safety, improve service and reduce vehicle breakdowns. MA ...... Montachusett Regional D2020–BUSC–037 The Montachusett Regional Transit Authority in 4,500,000 Highly Recommended. Transit Authority. north central Massachusetts will receive funding to replace buses that have exceeded their useful life. The new buses will improve safety through the installation of security cameras, boost reli- ability and lower maintenance costs. MD ...... Baltimore County, Mary- D2020–BUSC–038 Baltimore County, Maryland, will receive funding to 1,651,720 Highly Recommended. land. purchase new buses and new infrastructure for the proposed Towson Circulator project. This project will improve access and mobility for the transit riding public through the creation of a new transit service. MD ...... Maryland Transit Adminis- D2020–BUSC–039 Delmarva Community Services will receive funding 248,000 Recommended. tration (MTA) on behalf to purchase new vehicles and support infrastruc- of Delmarva Commu- ture. This project will improve safety, state of nity Services. good repair and enhance mobility for riders in Kent, Caroline, Talbot and Dorchester Counties. MD ...... Maryland Transit Adminis- D2020–BUSC–040 The St. Mary’s Transit System, which provides serv- 76,500 Recommended. tration (MTA) on behalf ice in St. Mary’s County, Maryland, will receive of St. Mary’s Transit funding to expand its vehicle maintenance facility System. for its bus fleet. MD ...... Maryland Transit Adminis- D2020–BUSC–041 The Tri-County Council for the Lower Eastern Shore 850,000 Highly Recommended. tration (MTA) on behalf of Maryland (Shore Transit) will receive funding to of Tri-County Council purchase new vehicles to replace older vehicles for the Lower Eastern that have exceeded their useful life. This project Shore of Maryland will improve safety, state of good repair and serv- (Shore Transit). ice reliability for riders in Maryland’s lower eastern shore counties of Somerset, Wicomico, and Worcester.

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TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS—Continued

State Applicant Project ID Project description Funded amount Overall rating

ME ...... Biddeford-Saco-Old Or- D2020–BUSC–042 The Biddeford-Saco-Old Orchard Beach Transit 880,000 Highly Recommended. chard Beach Transit Committee, operating four bus routes and six Committee. seasonal trolley routes near Portland, Maine, will receive funding to replace buses that have ex- ceeded their useful life. The replacement vehicles will improve safety, reduce maintenance costs and improve reliability. ME ...... City of Bangor ...... D2020–BUSC–043 The City of Bangor will receive funding for construc- 1,286,000 Highly Recommended. tion of a new Bangor Transportation Center to re- place an aging bus depot that has exceeded its useful life. The new transportation center will boost ridership and serve as a multi-modal facility for the City’s Community Connector fixed route, shared ride services, intercity buses and other ac- tive transit. ME ...... Maine Department of D2020–BUSC–044 The Maine Department of Transportation will re- 1,057,567 Highly Recommended. Transportation. ceive funding to replace buses for three regional transit providers spanning eight Maine counties. The new buses will improve the fleets’ state of good repair, reduce maintenance costs and im- prove the passenger experience. MI ...... City of Detroit Department D2020–BUSC–045 The City of Detroit Department of Transportation 8,494,812 Highly Recommended. of Transportation (DDOT) will receive funding to purchase new (DDOT). fareboxes to modernize its fare collection system. The new fareboxes will reduce the frequency and cost of repairs, improve boarding times and schedule adherence, and expand fare payment options for passengers. MI ...... Flint Mass Transportation D2020–BUSC–046 The Flint Mass Transportation Authority (MTA) will 4,300,000 Highly Recommended. Authority (MTA). receive funding to purchase propane transit buses and CNG commuter buses to replace diesel buses that have exceeded their useful life. The new buses will allow MTA to improve safety, effi- ciency and service reliability, especially on MTA’s peak hour and regional routes that transport pas- sengers to work and school. MN ...... Red Lake Band of Chip- D2020–BUSC–047 The Red Lake Band of Chippewa Indians will re- 211,944 Recommended. pewa Indians. ceive funding so that Red Lake Public Transit can purchase new buses and equipment, allowing it to expand its bus fleet to accommodate growing rid- ership. Red Lake Public Transit provides on-de- mand bus service on the Red Lake Indian Res- ervation, which is located in a rural area of north- west Minnesota. MO ...... Bi-State Development D2020–BUSC–048 The Bi-State Development Agency of St. Louis will 350,000 Highly Recommended. Agency. receive funding to transform bus stops into mobil- ity hubs to improve safety and create a more wel- coming experience for riders. The hubs will im- prove accessibility and include amenities such as benches, lighting and community information, at key transit transfer points. MO ...... Missouri Department of D2020–BUSC–049 The Missouri Department of Transportation will re- 5,120,000 Highly Recommended. Transportation. ceive funding to construct two storage and main- tenance facilities for rural transit providers. The facilities will save operational costs compared to using contract services, add efficiencies and help keep transit buses in a state of good repair. MS ...... Coast Transit Authority .... D2020–BUSC–050 Coast Transit Authority will receive funding to con- 5,351,155 Highly Recommended. struct a bridge structure between the Gulfport Transit Center and the Jones Park Bus Station in Gulfport, MS. This project will provide pedestrian safety and improved mobility between these two locations. MS ...... Mississippi Department of D2020–BUSC–051 The Mississippi Department of Transportation will 5,680,000 Highly Recommended. Transportation. receive funding to purchase new buses. This project will support service expansion throughout the state and help meet the needs of Mississippi residents who rely on transportation services to get to employment opportunities and an increas- ing demand for health care destinations. MT ...... City of Billings Metropoli- D2020–BUSC–052 The City of Billings Metropolitan Transit System will 840,000 Highly Recommended. tan Transit System. receive funding to replace buses that have ex- ceeded their useful life. The buses will help the agency increase safety, maintain its bus fleet in a state of good repair and ensure safe and reliable service to the residents of Billings, Montana’s largest city.

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TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS—Continued

State Applicant Project ID Project description Funded amount Overall rating

MT ...... Montana Department of D2020–BUSC–053 The Montana Department of Transportation will re- 510,088 Highly Recommended. Transportation (North ceive funding on behalf of North Central Montana Central Montana Tran- Transit to replace buses that have exceeded their sit). useful life and purchase the bus maintenance fa- cility it has been renting. The agency, which pro- vides service to two tribal governments—Chip- pewa Cree Tribe of the Rocky Boy’s Reservation and the Fort Belknap Indian Community Coun- cil—in north central Montana, provides trips to healthcare, grocery stores and tribal colleges. NC ...... City of Salisbury ...... D2020–BUSC–054 The City of Salisbury, on behalf of the Salisbury 480,000 Highly Recommended. Transit System, will receive funding to purchase new vehicles to replace older vehicles that have exceeded their useful life, and purchase bus equipment. This project will improve safety and state of good repair with new buses that will be more reliable and reduce maintenance costs. NC ...... North Carolina Depart- D2020–BUSC–055 The North Carolina Department of Transportation, 17,275,000 Highly Recommended. ment of Transportation. on behalf of several rural transit systems, will re- ceive funding to replace vehicles, as well as con- struct and renovate public transportation facilities throughout the state. These projects will address safety, state of good repair and critical transit needs throughout the state. NC ...... Piedmont Authority for D2020–BUSC–056 The Piedmont Authority for Regional Transportation 6,768,000 Highly Recommended. Regional Transportation. will receive funding to purchase new vehicles to replace older vehicles that have exceeded their useful life. The new vehicles will increase reli- ability and safety for passengers in Burlington, Greensboro, High Point and Winston-Salem, NC. NE ...... Transit Authority of the D2020–BUSC–057 The Transit Authority of the City of Omaha will re- 4,709,375 Highly Recommended. City of Omaha. ceive funding to replace buses that have exceed- ed their useful life. The buses will help improve reliability and help maintain the 98-vehicle fleet in a state of good repair. NJ ...... New Jersey Transit ...... D2020–BUSC–058 New Jersey Transit (NJT) will receive funding to 17,275,000 Highly Recommended. purchase new 60-foot buses to help expand ca- pacity in Northern New Jersey. The project will allow NJT to meet growing demand for its serv- ices. NM ...... New Mexico Department D2020–BUSC–059 The New Mexico Department of Transportation 5,251,090 Highly Recommended. of Transportation. (NMDOT) will receive funding to enable the North Central Regional Transit District (NCRTD) to de- sign and construct a new operations and mainte- nance facility in Taos. The new facility will feature more space and house more functions than the current facility, allowing NCRTD to more effi- ciently maintain its buses and improve service re- liability. NM ...... Rio Metro Regional Tran- D2020–BUSC–060 The Rio Metro Regional Transit District (RMRTD), 5,984,955 Highly Recommended. sit District (RMRTD). which provides bus service in central New Mex- ico, will receive funding to construct a new bus administration and operations facility in Los Lunas, New Mexico. The new facility will enable RMRTD to consolidate its administrative and op- erations functions, increasing safety and security for staff and improving operational efficiency. NV ...... Carson Area Metropolitan D2020–BUSC–061 Carson Area Metropolitan Planning Organization 455,000 Highly Recommended. Planning Organization (CAMPO) will receive funding to purchase new (CAMPO). buses and replace aging vehicles that have ex- ceeded their useful life. The new buses will im- prove transit service and reliability for the Jump Around Carson (JAC) transit system, the largest transit provider in Carson City, Nevada. NV ...... Fallon Paiute-Shoshone D2020–BUSC–062 The Fallon Paiute-Shoshone Tribe of the Fallon 59,525 Highly Recommended. Tribe of the Fallon Res- Reservation and Indian Colony will receive fund- ervation and Indian Col- ing to purchase a new passenger bus equipped ony. with a camera and fare box. It will also purchase a camera and fare box for their current transit bus. The project will improve transit service for people living within the boundaries of the reserva- tion and Indian colony, located in rural Churchill County, Nevada.

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TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS—Continued

State Applicant Project ID Project description Funded amount Overall rating

NV ...... Regional Transportation D2020–BUSC–063 The Regional Transportation Commission of South- 7,475,000 Highly Recommended. Commission of South- ern Nevada (RTC), which provides transit service ern Nevada (RTC). in Las Vegas and southern Nevada, will receive funding to replace camera systems on fixed route, paratransit and alternative transportation vehicles to improve safety and operating efficiencies. RTC also will receive funding to install a new para- transit bus wash and upgrade the existing fixed route bus wash system at its Sunset Maintenance Facility, which will also improve maintenance and operations. NY ...... Nassau County (Nassau D2020–BUSC–064 The Nassau Inter-County Express (NICE) will re- 2,000,000 Highly Recommended. Inter-County Express). ceive funding to provide safety, infrastructure and passenger upgrades to its intermodal transit facil- ity in Hempstead, New York. This project will im- prove safety and state of good repair for transit riders utilizing the intermodal facility. NY ...... New York City Depart- D2020–BUSC–065 The New York City Department of Transportation 9,000,000 Highly Recommended. ment of Transportation. will receive funding for the Safe Routes to Transit project to make infrastructure, pedestrian safety and accessibility improvements for transit riders along 86th Street in Brooklyn. This project will im- prove safety and state of good repair for the tran- sit public utilizing bus service in this section of Brooklyn, NY. OH ...... Greater Dayton Regional D2020–BUSC–066 The Greater Dayton Regional Transit Authority 2,971,592 Highly Recommended. Transit Authority. (RTA) will receive funding to purchase new buses to replace buses that have exceeded their useful life. The new buses will be more reliable than the current buses, allowing the transit authority to re- duce maintenance costs, and improve service re- liability and on-time performance. OH ...... Laketran ...... D2020–BUSC–067 Laketran in Northeast Ohio will receive funding to 4,300,000 Highly Recommended. purchase battery electric buses and equipment as well as to reconstruct a park and ride facility. The funding will allow Laketran to replace diesel buses that have exceeded their useful life and re- habilitate the park and ride facility to accommo- date electric buses and improve access and facili- ties for passengers. OH ...... Western Reserve Transit D2020–BUSC–068 Western Reserve Transit Authority will receive fund- 600,104 Highly Recommended. Authority. ing to upgrade its maintenance bays for repairing vehicles and updating the parts storage room. The upgrades will help improve safety and transit service for residents in the City of Youngstown and Mahoning County. OK ...... Choctaw Nation of Okla- D2020–BUSC–069 The Choctaw Nation of Oklahoma will receive fund- 1,378,403 Highly Recommended. homa. ing to purchase vans to replace vehicles that have exceeded their useful life and expand the free transit service it provides to elderly, disabled and low income residents of rural southeastern Oklahoma. The new vehicles will improve mobility and access to healthcare for riders who need transportation to non-emergency medical treat- ment such as chemotherapy and dialysis. OK ...... Oklahoma Department of D2020–BUSC–070 The Oklahoma Department of Transportation will re- 4,020,576 Highly Recommended. Transportation (ODOT). ceive funding to purchase new buses and vans to expand rural service and replace vehicles that have exceeded their useful life. The new vehicles will allow rural transit providers in the state to re- duce maintenance costs, improve safety and meet rising demand for transit service. OK ...... Oklahoma Department of D2020–BUSC–071 The Oklahoma Department of Transportation will re- 129,240 Recommended. Transportation (ODOT). ceive funding on behalf of rural transit providers in the state to rehabilitate and expand operations and maintenance facilities. The improved facilities will allow the transit providers to enhance safety, maintain vehicles in a state of good repair and improve service for riders. OR ...... Oregon Department of D2020–BUSC–072 The Oregon Department of Transportation (ODOT) 300,000 Recommended. Transportation (City of will receive funding on behalf of the City of Woodburn). Woodburn to replace the oldest bus in the city’s fleet with a new heavy-duty transit bus, signifi- cantly reducing transit repair and maintenance costs. The new bus will improve access, mobility and transit service for riders who use the service in Woodburn.

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TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS—Continued

State Applicant Project ID Project description Funded amount Overall rating

OR ...... Oregon Department of D2020–BUSC–073 The Oregon Department of Transportation (ODOT) 150,126 Recommended. Transportation (Mid-Co- will receive funding on behalf of the Mid-Columbia lumbia Economic De- Economic Development District to replace LINK velopment District). buses that have exceeded their useful life. The new LINK buses will improve access, mobility and transit service for riders who use the service in Wasco County. OR ...... Oregon Department of D2020–BUSC–074 The Oregon Department of Transportation (ODOT) 999,968 Highly Recommended. Transportation (Yamhill will receive funding on behalf of Yamhill County County Transit). Transit to replace several buses that have ex- ceeded their useful life. The new buses will im- prove access, mobility and transit service for rid- ers who use the service in northern Oregon. OR ...... Oregon Department of D2020–BUSC–075 The Oregon Department of Transportation (ODOT) 110,500 Recommended. Transportation. will receive funding to purchase a new bus for a new rural public transportation bus route between the communities of Eugene and Florence, Or- egon. The route will link the valley with the coast and provide a needed public transportation option between these two communities that are 60 miles apart. OR ...... Salem Area Mass Transit D2020–BUSC–076 Salem Area Mass Transit District, which operates 1,054,240 Highly Recommended. District. ‘‘Cherriots’’ transit service in Salem, Keizer, and the mid-Willamette Valley, will receive funding to implement Intelligent Transportation System (ITS) improvements including Transit Signal Priority technology and Real Time Passenger Information systems. In partnership with the City of Salem and the Oregon Department of Transportation, the agency will equip intersections and transit buses with GPS receivers to prioritize traffic sig- nals to optimize efficient transit routes in con- gested corridors. The project will also deploy a Real Time Passenger Information system to im- prove transit system efficiency and the customer experience. PA ...... Erie Metropolitan Transit D2020–BUSC–077 The Erie Metropolitan Transit Authority will receive 2,031,580 Highly Recommended. Authority. funding to replace diesel buses with compressed natural gas (CNG) buses in the City and County of Erie, Pennsylvania. The new buses will help the agency replace aging buses that have ex- ceeded their useful life. PA ...... Southeastern Pennsyl- D2020–BUSC–078 The Southeastern Pennsylvania Transportation Au- 2,000,000 Highly Recommended. vania Transportation thority (SEPTA) will receive funding to construct Authority (SEPTA). new bus stations to extend its Roosevelt Boule- vard Direct Bus Service from Frankford Transpor- tation Center to Wissahickon Transportation Cen- ter. This project will improve safety and state of good repair with new infrastructure and pas- senger amenities. RI ...... Rhode Island Public Tran- D2020–BUSC–079 The Rhode Island Public Transit Authority (RIPTA) 8,040,000 Highly Recommended. sit Authority. will receive funding to construct two mobility hubs with improved rider amenities at the University of Rhode Island and the Community College of Rhode Island to improve service and access to major destinations. The hubs will feature up to eight bus bays, interior waiting space and fare machines. SC ...... Berkeley-Charleston-Dor- D2020–BUSC–080 The Berkeley-Charleston-Dorchester Council of 8,321,700 Highly Recommended. chester Council of Gov- Governments will receive funding on behalf of the ernments. Charleston Area Regional Transportation Author- ity (CARTA) to replace older diesel buses with new, all-electric vehicles and associated support infrastructure. This project will support CARTA’s state of good repair needs, while reducing the agency’s operating costs. SC ...... Greenville Transit Author- D2020–BUSC–081 The Greenville Transit Authority (Greenlink) will re- 2,040,000 Highly Recommended. ity (Greenlink). ceive funding to purchase new buses to help ex- pand service. The new buses will improve transit service for residents of the Greenville and Mauldin/Simpsonville areas in South Carolina. SD ...... SD Department Of Trans- D2020–BUSC–082 The South Dakota Department of Transportation on 68,402 Recommended. portation. behalf of Community Transit will receive funding to create a call and dispatch center that central- izes the communications activities of five transit agencies under one umbrella in Watertown. The remodeled facility and enhanced technology will increase communication, safety and reliability for Community Transit and partner agencies in east- ern South Dakota.

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TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS—Continued

State Applicant Project ID Project description Funded amount Overall rating

TN ...... Tennessee Department of D2020–BUSC–083 The Tennessee DOT Division of Multimodal Trans- 16,228,197 Recommended. Transportation, Division portation Resources will receive funding on behalf of Multimodal Transpor- of rural and urban transit agencies to purchase tation Resources. new vehicles and specialized vehicles to replace older vehicles that have exceeded their useful life. This will ensure vehicles are available for acces- sible transportation services throughout the state. TX ...... Corpus Christi Regional D2020–BUSC–084 The Corpus Christi Regional Transportation Author- 7,231,023 Highly Recommended. Transportation Authority. ity (CCRTA) will receive funding to rehabilitate and build bus transfer stations and reconstruct a bus maintenance facility parking lot. The projects will allow the transportation authority to improve safety for passengers and employees, comply with Americans with Disabilities Act requirements and meet the transit needs of a growing popu- lation. TX ...... Texas Department of D2020–BUSC–085 The Texas Department of Transportation (TxDOT) 13,815,200 Highly Recommended. Transportation. will receive funding on behalf of rural transit pro- viders throughout the state to replace transit vehi- cles that have exceeded their useful life. The grants also will fund new and rehabilitated main- tenance and other facilities, allowing the rural transit providers to improve safety and efficiency and meet growing demand for service. UT ...... Utah Department of D2020–BUSC–086 The Utah Department of Transportation will receive 400,000 Highly Recommended. Transportation (Park funding on behalf of Park City Transit to upgrade City Transit). bus communications technology. The software and hardware upgrades will replace outdated sys- tems, including on-board driver communications, dispatch, scheduling, data storage, reporting and web servers that provide real-time bus location in- formation. UT ...... Utah Transit Authority D2020–BUSC–087 The Utah Transit Authority (UTA) will receive fund- 3,220,250 Highly Recommended. (UTA). ing to improve more than 100 bus stops that serve riders in Salt Lake City and seven sur- rounding counties. The enhanced bus stops will be compliant with the Americans with Disabilities Act, improve safety and provide amenities such as shelters, benches, lighting and bike racks to improve the rider experience. WA ...... City of Longview ...... D2020–BUSC–088 The City of Longview will receive funding to pur- 1,560,000 Highly Recommended. chase new low-floor biodiesel buses to replace older buses that have exceeded their useful life. The new buses will be operated by RiverCities Transit and will improve access, mobility and tran- sit service for residents of Kelso and Longview. WA ...... Intercity Transit ...... D2020–BUSC–089 Intercity Transit, which serves Washington State’s 4,956,000 Highly Recommended. capital city, Olympia, and neighboring cities will receive funding to complete a bus yard expansion and install its own propane fueling station to sup- port increased transit service. This project is the last element of Intercity Transit’s Pattison Street maintenance facility upgrade, a complete over- haul of a well-used facility and restoring it to fully serviceable conditions to support the next genera- tion of transit services for the Thurston region. WA ...... Washington State Depart- D2020–BUSC–090 Washington State Department of Transportation 3,932,622 Highly Recommended. ment of Transportation. (WSDOT) will receive funding for replacement and expansion vehicles and equipment for four transit agencies providing rural service in Clallam, Grant, Island and Kittitas counties. The new vehi- cles will improve safety, access and mobility for transit riders in rural Washington. WI ...... City of Janesville, WI ...... D2020–BUSC–091 The City of Janesville will receive funding to pur- 800,000 Highly Recommended. chase new low floor, accessible transit buses to replace aging buses that have exceeded their useful life. The new clean diesel buses will im- prove transit service and reliability for those who travel by transit throughout the city. WI ...... City of Madison ...... D2020–BUSC–092 The City of Madison will receive funding to pur- 7,000,000 Highly Recommended. chase several local buildings to use for bus stor- age and maintenance. The project will relieve crowding at the city’s current storage and mainte- nance facility, allow for future fleet and service expansions and enable the city to meet growing demand for transit.

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TABLE 1—FY 2019 GRANTS FOR BUSES AND BUS FACILITIES COMPETITION PROJECT SELECTIONS—Continued

State Applicant Project ID Project description Funded amount Overall rating

WI ...... Wisconsin Department of D2020–BUSC–093 The Wisconsin Department of Transportation 838,400 Highly Recommended. Transportation. (WisDOT) will receive funding to replace transit vehicles that have exceeded their useful life. The new vehicles will allow rural transit providers in the state to improve the state of good repair of their fleets, reduce operating and maintenance expenses, enhance safety and increase service reliability. WV ...... Eastern Panhandle Tran- D2020–BUSC–094/ The Eastern Panhandle Transit Authority (EPTA) 6,080,000 Highly Recommended. sit Authority (EPTA). D2020–BUSC– will receive funding to design and construct a new 095. maintenance facility that will replace an older fa- cility. The new facility will help improve transit service throughout Berkeley and Jefferson Coun- ties.

Total ...... 423,329,839

[FR Doc 2020–04168 Filed 2–28–20; 8:45 am] Veterans’ families, caregivers, and Individuals wishing to speak should BILLING CODE P survivors across all generations, contact Ms. Toni Bush Neal (Alternate relationships, and Veterans status; the Designated Federal Official) at use of VA care, benefits and memorial [email protected] to submit a 1–2 page DEPARTMENT OF VETERANS services by Veterans’ families, summary of their comments for AFFAIRS caregivers, and survivors, and inclusion in the official meeting record. opportunities for improvements to the In accordance with FACA guidelines, Veterans’ Family, Caregiver, and experience using such services; VA each speaker will be held to a 5-minute Survivor Advisory Committee, Notice policies, regulations, and administrative time limit. of Meeting requirements related to the transition of Members of the public interested in Servicemembers from the Department of The Department of Veterans Affairs attending should submit their name to (VA) gives notice under the Federal Defense (DoD) to enrollment in VA that impact Veterans’ families, caregivers, [email protected] by March 20, 2020 to Advisory help expedite the sign-in process. To Committee Act (FACA) that the and survivors; and factors that influence prevent delays, members of the public Veterans’ Family, Caregiver, and access to, quality of, and accountability should allow an additional 30 minutes Survivor Advisory Committee will meet for services, benefits and memorial on March 25–26, 2020. The meeting will services for Veterans’ families, for parking and access to the facility. be held at the American Red Cross, 430 caregivers, and survivors. Any member of the public seeking additional information should contact 17th Street NW, Washington, DC 20006. On March 25 and March 26, the Betty Moseley Brown (Designated The meeting sessions will begin and end agenda will include opening remarks Federal Official) at as follows: from the Committee Chair and the Chief Veterans Experience Officer. There will [email protected] or (210) Date: Time: be updates on the Center of Excellence 392–2505. March 25, 2020 .. 9 a.m. to 4:30 p.m. EST. for Veteran and Caregiver Research, Dated: February 26, 2020. March 26, 2020 .. 9 a.m. to 2:00 p.m. EST. Program of Comprehensive Assistance Jelessa M. Burney, for Family Caregivers, and caregiver Federal Advisory Committee Management The meetings are open to the public. research conducted by the Elizabeth Officer. The purpose of the Committee is to Dole Foundation. On March 25, 2019, [FR Doc. 2020–04240 Filed 2–28–20; 8:45 am] advise the Secretary of Veterans Affairs public comments will be received at BILLING CODE P on matters related to: The need of 3:30 p.m. to 4:30 p.m.

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Part II

Federal Reserve System

12 CFR Parts 225 and 238 Control and Divestiture Proceedings; Final Rule

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FEDERAL RESERVE SYSTEM II. Final Rule—Presumptions of Control and are easily understood bright-line Noncontrol standards, the third prong of the 12 CFR Parts 225 and 238 A. Control Hearings and the Role of definition of control requires a facts and Presumptions of Control and Noncontrol [Regulations Y and LL; Docket No. R–1662] B. Description of the Tiered Presumptions circumstances determination by the C. Description of Additional Presumptions Board. As a result, it is often difficult for RIN 7100–AF 49 and Exclusions an investor that does not meet either of the first two prongs of the definition of Control and Divestiture Proceedings III. Final Rule—Control-Related Definitions A. First Company and Second Company control to determine whether it will be AGENCY: Board of Governors of the B. Voting Securities and Nonvoting considered controlling or Federal Reserve System (Board). Securities noncontrolling by the Board under the C. Control of Securities third prong. ACTION: Final rule. D. Calculation of Total Equity Percentage E. Limiting Contractual Rights In practice, large minority investors SUMMARY: The Board is adopting a final F. Director Representatives often seek to protect or enhance their rule to revise the Board’s regulations G. Investment Advisers investments through multiple forms of related to determinations of whether a IV. Application to Savings and Loan Holding engagement with the target company company has the ability to exercise a Companies that provide the investor with an controlling influence over another A. Control Under HOLA Compared to the BHC Act opportunity to monitor and influence company for purposes of the Bank the target company. This situation in Holding Company Act or the Home B. Revisions to Regulation LL V. Additional Implementation Matters particular frequently has raised Owners’ Loan Act. The final rule VI. Administrative Law Matters questions regarding whether the expands the number of presumptions A. Paperwork Reduction Act investor will be able to exercise a for use in such determinations. By B. Regulatory Flexibility Act controlling influence over the codifying the presumptions in the C. Plain Language management or policies of the target Board’s Regulation Y and Regulation LL, company when the investment and all the Board’s rules will provide I. Background and Summary of the Proposal other aspects of the relationship are substantial additional transparency on considered in the aggregate. These In May 2019, the Board issued a the types of relationships that the Board issues arise for both companies seeking proposal seeking comment on revisions generally views as supporting a to invest in banking organizations and to its rules regarding the definition of determination that one company banking organizations seeking to make control in the Bank Holding Company controls another company. The final investments in other companies. rule is largely consistent with the Act (‘‘BHC Act’’),1 and the Home proposal and includes certain targeted Owners’ Loan Act (‘‘HOLA’’).2 The Under the statutory framework, the adjustments to the Board’s historical proposal was published in the Federal determination of whether a company practice, as described in detail in the Register on May 14, 2019, and the has the ability to exercise a controlling SUPPLEMENTARY INFORMATION. period for public comment ended on influence over another company is a 3 factual determination. The Board’s DATES: The final rule is effective on July 15, 2019. The proposal was experience has shown that the variety of April 1, 2020. intended to provide bank holding equity investments, negotiated FOR FURTHER INFORMATION CONTACT: companies, savings and loan holding companies, depository institutions, investment terms, and business and Laurie Schaffer, Deputy General other arrangements between companies Counsel, (202) 452–2272, Alison Thro, investors, and the public with a better understanding of the facts and makes it difficult to prescribe a set of Deputy Associate General Counsel, rigid rules that determine whether one (202) 452–3236, Mark Buresh, Senior circumstances that the Board considers most relevant when assessing control company exercises a controlling Counsel, (202) 452–5270, Greg influence over another company in all Frischmann, Senior Counsel, (202) 452– and thereby increase transparency around the Board’s views on control situations. As a result, Board 2803, or Brian Phillips, Senior Attorney, determinations regarding the presence (202) 452–3321, Legal Division; Melissa under the BHC Act and HOLA. Under the BHC Act, control is defined or absence of a controlling influence Clark, Lead Financial Institution Policy have taken into account the specific Analyst, (202) 452–2277, or Sheryl by a three-pronged test: A company has control over another company if the first facts and circumstances of each case.6 Hudson, Lead Financial Institution Nonetheless, the Board has developed Policy Analyst, (202) 912–7839, company (i) directly or indirectly or acting through one or more other over time a number of factors and Division of Supervision and Regulation, thresholds that the Board believes Board of Governors of the Federal persons owns, controls, or has power to vote 25 percent or more of any class of generally are indicative of the ability or Reserve System, 20th Street and inability of a company to exercise a Constitution Avenue NW, Washington, voting securities of the other company; (ii) controls in any manner the election controlling influence over another DC 20551. For users of company. Telecommunication Device for Deaf of a majority of the directors or trustees (TDD) only, call (202) 263–4869. of the other company; or (iii) directly or The Board believes that the final rule, indirectly exercises a controlling which is largely consistent with the SUPPLEMENTARY INFORMATION: influence over the management or proposal, will increase the transparency Table of Contents policies of the other company.4 HOLA and consistency of the Board’s control includes a substantially similar framework. As a result, the final rule I. Background and Summary of the Proposal 5 A. Description of ‘‘Control’’ Under the definition of control. While the first should help to facilitate permissible Bank Holding Company Act two prongs of the definition of control investments in banking organizations B. Summary of the Board’s Historical and by banking organizations. Interpretation of ‘‘Control’’ Under the 1 12 U.S.C. 1841 et seq. 2 Bank Holding Company Act 12 U.S.C. 1461 et seq. 6 See 12 CFR 225.143; Policy Statement on equity C. Summary of the Proposal 3 84 FR 21634 (May 14, 2019). investments in banks and bank holding companies D. Summary of Comments Received on the 4 12 U.S.C. 1841(a)(2); 12 CFR 225.2(e). (September 22, 2008), www.federalreserve.gov/ Proposal 5 See 12 U.S.C. 1467a(a)(2); 12 CFR 238.2(e). newsevents/press/bcreg/20080922c.htm.

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The final rule includes certain power to vote, 25 per centum or more where a company is not able to targeted adjustments relative to of the voting shares of each of two or determine the outcome of a significant historical practice that the Board more banks or of a company which is matter under consideration.19 In other believes are appropriate based on its or becomes a bank holding company by words, control requires only ‘‘the mere experience over the past few decades. virtue of this Act, or (2) which controls potential for manipulation of a bank.’’ 20 The specific provisions of the final rule, in any manner the election of a majority In assessing the controlling influence including the targeted adjustments, are of the directors of each of two or more prong, the Board has considered a described in detail in this preamble. banks.’’ 16 number of factors, including the size of In 1970, Congress made significant a company’s voting and total equity A. Description of ‘‘Control’’ Under the amendments to the BHC Act, including investment in the other company; the Bank Holding Company Act revisions to the definition of control. presence of countervailing shareholders Control is a foundational concept Specifically, Congress added to the of the other company; a company’s under the BHC Act and related statutes.7 existing two prongs of the definition of representation on the board of directors Most notably, control is used to control a new third prong. This third or board committees of the other determine the scope of application of prong provided that a company has company; covenants or other the BHC Act because a company is control over a bank or other company if agreements that allow a company to defined to be a bank holding company the ‘‘Board determines after notice and influence or restrict the management if the company directly or indirectly opportunity for hearing, that the decisions of the other company; and the controls a bank or bank holding company directly or indirectly exercises nature and scope of the business company.8 Accordingly, a company that a controlling influence over the relationships between the companies.21 controls a bank or bank holding management or policies of the bank or The Board’s regulations include company is subject to the Board’s company.’’ 17 Congress added the procedures for determining controlling regulations and supervisory oversight, controlling influence prong to address influence, as well as certain standards which includes examinations,9 regular concerns that a company could for identifying controlling influence. financial reporting,10 capital and structure an investment in a bank below The Board also has issued guidance liquidity requirements,11 source of the two bright-line thresholds of control documents related to control on several strength obligations,12 activities while still having the ‘‘power directly or occasions. For example, the Board restrictions,13 and restrictions on indirectly to direct or cause the issued a limited set of regulatory affiliate transactions.14 direction of the management or policies presumptions of control for use in In assessing control, the Board of any bank.’’ 18 control proceedings in 1971 and historically has focused on two key updated these presumptions in 1984.22 B. Summary of the Board’s Historical purposes of the BHC Act to guide its In addition, the Board issued policy Interpretation of ‘‘Control’’ Under the understanding of the meaning of control statements regarding the controlling Bank Holding Company Act and controlling influence. First, the influence prong of the BHC Act in 1982 BHC Act was intended to ensure that Since the 1970 amendments to the and 2008.23 companies that acquire control of banks BHC Act, the Board has had numerous have the financial strength and occasions to interpret and apply the C. Summary of the Proposal managerial ability to exercise control in controlling influence prong of the BHC The proposal established tiered a safe and sound manner. Second, the Act. The Board historically has presumptions of control in the Board’s BHC Act was intended to separate interpreted controlling influence not to regulations. The proposal also provided banking from commerce by preventing require that an investor is able to several additional presumptions of companies with commercial interests exercise complete domination or control and noncontrol, along with from exercising control over banking absolute control over all aspects of the organizations and by restricting the management and policies of a company. 19 Patagonia Corp., 63 Federal Reserve Bulletin nonbanking activities of banking Instead, the Board has found that a 288 (1977) (citing Detroit Edison Co. v. SEC, 119 15 F.2d 738, 739 (6th Cir. 1941) (interpreting organizations. controlling influence is possible at ‘‘controlling influence’’ in the Public Utility Congress enacted the BHC Act in lower levels of influence, including Holding Company Act, which has a nearly identical 1956. In the original BHC Act, Congress definition of control as in the BHC Act, to not defined ‘‘bank holding company’’ to 16 Bank Holding Company Act of 1956, Public law ‘‘necessarily [require] those exercising a controlling mean any company that (1) ‘‘directly or 84–511, 70 Stat. 133 (May 9, 1956). The original influence [to] be able to carry their point.’’ Rather BHC Act also defined ‘‘bank holding company’’ to a controlling influence can be effective ‘‘without indirectly owns, controls, or holds with include a company that holds 25 percent or more accomplishing the purpose fully’’)). of the voting securities of two or more banks or 20 Interamericas Investments, Ltd. v. Bd. of 7 The following discussion is limited to the BHC bank holding companies, if such securities are held Governors of the Fed. Reserve Sys., 111 F.3d 376, Act because much of the Board’s experience with by trustees for the benefit of the shareholders or 383 (5th Cir. 1997). control has arisen in the context of the BHC Act, members of the company. This prong of control was 21 A relationship between two companies may rather than HOLA. The final rule generally applies repealed in 1966. See An Act to Amend the Bank raise supervisory or other concerns whether or not the same standards in the context of the BHC Act Holding Company Act of 1956, Public Law 89–485, the relationship raises controlling influence and HOLA, though the final rule is different in each 80 Stat. 236 (July 1, 1966). concerns. context where appropriate to recognize the limited 17 An Act to Amend the Bank Holding Company 22 36 FR 18945 (Sept. 24, 1971); 49 FR 794, 817, differences between the BHC Act and HOLA with Act of 1956, Public Law 91–607, 84 Stat. 1760, 1761 828–29 (Jan. 5, 1984). respect to the definition of control. (December 31, 1970). HOLA, originally enacted in 23 See 68 Federal Reserve Bulletin 413 (July 1982) 8 12 U.S.C. 1841(a)(1). 1933, contains substantially similar language for its (codified at 12 CFR 225.143); Policy Statement on 9 12 U.S.C. 1844(c); 12 CFR 225.5(c). definition of control. As a corollary to the third equity investments in banks and bank holding 10 12 U.S.C. 1844(c); 12 CFR 225.5(b). prong in the BHC Act, HOLA’s definition of control companies (September 22, 2008). The Board has of a savings association or other company includes 11 See, e.g., 12 CFR part 217; 12 CFR 225 app. C; issued two additional policy statements that are ‘‘if the Board determines after reasonable notice and 12 CFR part 249. also relevant to the meaning of control and opportunity for hearing, that such person directly 12 controlling influence: ‘‘Statement of policy 12 U.S.C. 1831o–1. or indirectly exercises a controlling influence over concerning divestitures by bank holding 13 12 U.S.C. 1843; 12 CFR 225 subpart C. the management or policies of such association or companies’’ (12 CFR 225.138) and ‘‘Presumption of 14 12 U.S.C. 371c and 371c–1; 12 CFR part 223. other company.’’ 12 U.S.C. 1467a(a)(2)(D). continued control under section 2(g)(3) of the Bank 15 Bank Holding Company Act Amendments: 18 Bank Holding Company Act Amendments: Holding Company Act’’ (12 CFR 225.139). These Hearing on H.R. 6778 Before H. Comm. on Banking Hearing on H.R. 6778 Before H. Comm. on Banking policy statements remain in effect to the extent not & Currency, 91st Cong. 85 (1969). & Currency, 91st Cong. 87 (1969). superseded by the final rule.

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various ancillary provisions such as presumed control at levels too low to be influence over banking organizations definitions of terms used in the supported by the underlying statutes.26 without being subject to the bank proposed presumptions. Several of these commenters contended regulatory framework and noted that As noted, the BHC Act and HOLA that Congress intended the controlling retaining discretion to review each case provide that control due to controlling influence prong of the BHC Act to cover on the facts and circumstances influence arises once the Board only situations with higher levels of presented was necessary to address the determines, based on the facts presented influence than the Board has wide variety of potential relationships and after notice and opportunity for a traditionally considered controlling, among companies. At least one hearing, that a company controls which some commenters referred to as commenter stated that the Board should another company. The proposal situations of ‘‘actual control.’’ Many consider the economic and competitive established presumptions intended to commenters who supported higher impact of these types of increased assist the Board in conducting such a thresholds for the presumptions of consolidation and should update its hearing or other proceeding and to control argued that unduly low analysis of competitive issues more provide additional information to the thresholds would inhibit investments generally. At least one commenter also public regarding the circumstances in into and by banking organizations and, stated that the Board should carefully which the Board believes that in particular, would inhibit investments consider the impact of the control controlling influence is likely to exist.24 by banking organizations into start-up proposal on smaller banking The proposal—like this final rule— technology companies. These organizations and the ability of banking related solely to the issue of whether an commenters generally argued that there organizations to sponsor and advise investment, alone or in combination was no public benefit to limiting such investment funds. with other relationships, raises control investments and that there could be a The Board believes that the proposal concerns. The Board may have safety negative impact on the economy. At reflected an appropriate interpretation and soundness or other concerns arising least one commenter also suggested that of the controlling influence prong of the out of either controlling or a higher threshold for control would be BHC Act and generally conformed to noncontrolling relationships of a appropriate in order to mitigate the historical Board practice implementing banking organization. Thus, that an extraterritorial application of the BHC and interpreting the statute. The Board’s investment is not presumed to be Act on the foreign operations of foreign historical practice is consistent with the controlling does not mean that the firms. underlying statutes, the legislative investment and all other aspects of a In support of a higher threshold for history, and relevant case law. The relationship are necessarily consistent control, several commenters suggested Board has made several changes in the with safe and sound banking practices that the Board look to its treatment of final rule compared to the proposal, as or other expectations or requirements of merchant banking investments, as well described in more detail in the the Board.25 The Board retains the right as the definition of banking entity under applicable sections of this preamble, but to review investments involving the Volcker Rule. These commenters the Board is issuing the final rule in a banking organizations under its argued that the Board had established form substantially consistent with the jurisdiction for potential safety and looser definitions of control in these proposal. As indicated in the proposal, soundness or other concerns. areas that should be applied to control the final rule contains certain targeted adjustments from current practice in D. Summary of Comments Received on more generally. Other commenters light of the Board’s experience the Proposal argued that the Board should separate control in general under the BHC Act administering the statute. These changes General Comments from the definition of banking entity are generally technical in nature rather Many commenters were supportive of under the Volcker Rule. In addition, than fundamental changes to the the Board’s overall efforts to bring certain commenters provided Board’s substantive standards for increased transparency, clarity, and suggestions for revising the Board’s controlling influence. As the final rule consistency to the Board’s views rules related to merchant banking to is generally consistent with current regarding controlling influence. Some separate merchant banking from practice, significant changes in commenters noted that the additional questions of control. outcomes are not anticipated and, clarity provided by the proposal would A few commenters objected to the therefore, no major impact on the improve the speed with which banking proposal on the basis that the Board’s banking industry is expected. institutions can raise capital. current standards and processes around Importantly, the final rule significantly Certain commenters argued that the controlling influence have functioned improves the transparency and Board’s presumptions of control well. Such commenters asserted that the predictability around questions of proposal may have various negative controlling influence. 24 Under the final rule, the Board retains the effects by weakening the existing Some commenters expressed concern ability to find a controlling influence based on the framework. Several commenters that certain of the presumptions could facts and circumstances presented by a particular objected to the elements of the proposal have extraterritorial reach by attributing case. However, the Board generally does not expect that they viewed as raising the threshold control over companies outside the to find that a company controls another company United States, especially by foreign unless the first company triggers a regulatory for control for several reasons, including presumption of control with respect to the second concern that the proposal could lead to banking organization. Commenters company. greater concentration in the banking recommended that the Board clarify that 25 For example, contractual covenants and lawful home country activities and business relationships between a banking industry or to greater concentration in the shareholder base of the banking relationships currently in existence organization and a company may raise safety and should not be upset by the proposal. A soundness or other concerns whether or not the industry. At least one commenter relationship raises control concerns. In particular, expressed concern that the proposal few commenters argued for different a contractual provision may not allow a company might allow companies to have greater control standards for qualifying foreign to restrict substantially the discretion of a banking banking organizations, or for foreign organization, but may impose financial obligations on the banking organization that are inconsistent 26 Specific suggestions from commenters are companies more generally. At least one with safe and sound operation of the banking described in the appropriate sections of this commenter argued that the Board’s rules organization. preamble on specific presumptions. should take foreign control standards

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into account when considering process—in coordination with the FDIC The final rule retains these provisions relationships involving foreign entities and OCC—to reduce the burden of but does not contain further information or that the Board should revise its CIBCA filings. These commenters regarding the treatment of non-corporate control standards to not apply to asserted that the existing CIBCA entities because of the wide variety of relationships that are wholly outside the regulations restricted investment into forms such entities can take. The Board United States. banking organizations and therefore generally expects to apply equivalent The statutory framework for control recommended that the Board revise its control standards to all types of legal does not contemplate different regulations to reduce the number of entities while taking into account the definitions of control for companies in filings and the information required in unique features of different entity types. different jurisdictions. For this reason, a filing. Specific recommendations for neither the proposal nor the Board’s reduced burden included creating a II. Final Rule—Presumptions of Control historical practice contains such process for investors to rebut the 10 and Noncontrol distinctions. The final rule is consistent percent presumption of control under A. Control Hearings and the Role of with the proposal in this regard. As the CIBCA regulations, reducing the Presumptions of Control and noted, the final rule is generally required content of a CIBCA notice, and Noncontrol consistent with the Board’s current increasing reliance on public The BHC Act provides that control practice and, as a result, the final rule information such as public filings with due to controlling influence arises is not expected to result in substantially the Securities and Exchange following a Board determination that a Commission (‘‘SEC’’). At least one different outcomes for questions of company controls another company. commenter stated that the Board should controlling influence involving foreign The presumptions of control in the final reduce the scope of CIBCA filing companies. rule are intended to assist the Board in requirements to remove or limit, for the context of such a determination and Comments on Scope of Application example, CIBCA filing requirements for to provide additional public information Some commenters suggested that the investments in predominantly non- regarding the Board’s views on final rule should make it clear that an financial grandfathered savings and loan investment that does not trigger a controlling influence. holding companies. Under the final rule, the Board, in its presumption of control and is less than Other commenters argued against discretion, may issue a preliminary 5 percent of any class of voting applying the proposed control determination of control if it appears securities should be considered passive framework to contexts other than that a company has the power to for purposes of section 4(c)(6) of the control under the BHC Act and HOLA. exercise a controlling influence over a BHC Act. The final rule is intended to These commenters noted that the bank or other company. A company that apply to questions of control under the control concept under the BHC Act and receives a preliminary determination of BHC Act and HOLA. As a result, the HOLA serves a different purpose than control must respond within 30 days control framework in the final rule under CIBCA, Regulation O, and with (i) a plan to terminate the control applies for purposes of section 4(c)(6) Regulation W. For example, control relationship; (ii) an application for the and, in particular, the Board’s under CIBCA requires filing a one-time Board’s approval of the control interpretation of section 4(c)(6) located notice, while control under the BHC Act relationship; or (iii) a response in section 225.137 of the Board’s results in a permanent regulatory status contesting the preliminary Regulation Y.27 that comes with activity restrictions, prudential regulation, approval determination, setting forth supporting Comments on Interaction With Other requirements for major transactions, facts and circumstances, and, if desired, Regulations periodic examinations, and reporting requesting a hearing or other Several commenters suggested that requirements. Some commenters also proceeding. If a company contests a the Board apply the proposed control encouraged the Board to provide preliminary determination of control standards to control under the Change additional clarity about the operation of and requests a hearing or other in Bank Control Act (‘‘CIBCA’’).28 the presumptions of control under the proceeding, then the Board shall order Several commenters also recommended regulations implementing CIBCA. a hearing or other appropriate that the Board apply the proposed The final rule applies to questions of proceeding if material facts are in control standards to the Board’s control under the BHC Act and HOLA; dispute. The presumptions in the final Regulation O and Regulation W.29 it does not extend to CIBCA, Regulation rule would apply at such a hearing or Commenters suggested that applying the O, and Regulation W. The Board may in other proceeding in accordance with the control standards in the proposal to the future consider conforming Federal Rules of Evidence and the these other contexts would improve the revisions to other elements of its Board’s Rules of Practice for Formal simplicity and efficiency of the Board’s regulatory framework, including CIBCA, Hearings. After considering all relevant regulations by establishing a uniform, Regulation O, and Regulation W. While facts and circumstances, including trans-regulatory concept of control. common control standards across the information gathered during any hearing Some commenters noted that, in certain Board’s regulatory framework may or other proceeding, the Board would cases, this could result in a more provide efficiency benefits, each of the issue a final order stating its permissive control standard than regulations identified by commenters determination on controlling influence. currently applies under CIBCA, arises out of different provisions of law Under the final rule, as under the Regulation O, and Regulation W. and is intended to address different proposal, the procedures differ from the A few commenters also argued that concerns in specific contexts. existing procedures in the Board’s the threshold for filing a notice under Some commenters suggested that the regulations in only two modest ways. CIBCA was too low and that the Board Board provide additional guidance for First, the final rule clarifies that failure should streamline the CIBCA notice investments in non-corporate entities, to respond to a preliminary such as partnerships and limited determination of control from the Board 27 12 CFR 225.137. liability companies. In certain sections, would constitute waiver of the right to 28 12 U.S.C. 1817(j). the proposal provided for the special present additional information to the 29 12 CFR part 215; 12 CFR part 223. characteristics of non-corporate entities. Board and waiver of the opportunity to

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request a hearing or other proceeding. supports these implications. As a result, over a quarter or more of the board of Second, the final rule contains an where a company’s voting securities directors is generally enough to express requirement to submit percentage falls within this range is one constitute a controlling influence. This additional information in writing in of the most salient considerations for element of the proposal reflected a response to a preliminary determination determining whether the first company modest liberalization of practice. Under of control. controls the second company. the Board’s precedents, a noncontrolling Some commenters recommended that The final rule, like the proposed rule, company that controlled more than 10 the Board grant additional time to establishes a series of tiered percent of a class of voting securities of respond to preliminary determinations presumptions of control. These another company often was limited to of control. The final rule maintains the presumptions are arranged in tiers based one or two director representatives at existing 30-day timeframe because 30 on the level of voting securities of the the second company (regardless of the days should generally be sufficient time first company in the second company. size of the board of directors at the to respond to a preliminary Each of these presumptions applies second company).34 determination of control. Thirty days is where the first company has at least a In addition, the proposal presumed consistent with, or, in some cases, specified level of voting securities in a that a company that controls 5 percent longer than, the procedural timeframes second company, and another specified or more of any class of voting securities provided by the Board for similar relationship with the second company. of a second company controls the administrative processes.30 In addition, The presumptions use three thresholds second company if the first company the final rule provides that the Board for voting securities: 5 percent, 10 has director representatives that are able may allow for additional time in its percent, and 15 percent. to make or block the making of major discretion, so firms that need additional Consistent with the proposal, many of operational or policy decisions of the time may request additional time. The the other control factors referenced in second company. This presumption was procedures for control proceedings in the final rule also vary in magnitude. intended to address supermajority the final rule are consistent with the For instance, business relationships voting requirements, individual veto proposal. between two companies can range from rights, or any similar unusual provision minimal to very significant, and more that would allow a minority of the board B. Description of the Tiered significant business relationships of directors of the second company to Presumptions provide a greater means of exercising control effectively major operational or As discussed, a core consideration for (and a greater incentive to exercise) a policy decisions of the second company. control established by Congress in the controlling influence than less Commenters generally supported the BHC Act is the percentage of voting significant business relationships. In proposal to allow a company to have up securities that one company controls of recognition of this, the presumptions in to a quarter of the representatives on the a second company. Under the statute, a the final rule effectively assume that board of directors of another company company that controls 25 percent or higher levels of business relationships, without triggering a presumption of more of any class of voting securities of combined with higher levels of voting control. Commenters generally also a second company controls the second securities, increase the likelihood of the confirmed that they preferred the company.31 Similarly, under the statute, ability to exercise a controlling proposal to a standard where companies a company that controls less than 5 influence. with higher levels of voting securities percent of any class of voting securities Director Representation must have reduced levels of director of a company is presumed not to control representation to avoid triggering a the second company.32 This statutory The Board has long considered a presumption of control. The final rule is framework leaves a space between 5 company’s level of representation on the consistent with the proposal with percent and 25 percent of a class of board of directors of a second company respect to the total share of director voting securities where a company does as an important factor for controlling representatives that a company may not have clear statutory control and is influence. The importance of director have on the board of directors of another not presumed not to control. For representation to controlling influence company before triggering a companies within this range of voting is supported by the second prong of the presumption of control. securities of 5 percent to less than 25 definition of control in the BHC Act, In addition to the share of director percent voting, the Board considers the which provides that control over the representatives that one company has full facts and circumstances of the election of a majority of the board of on the board of directors of a second relationship between the two companies directors of a company constitutes company, the proposed presumptions when determining whether the first control of the company. Traditionally, considered particular director company controls the second company, the board of directors of a company is representatives to have outsized ability consistent with the controlling the body that makes strategic decisions to affect the decisions of the second influence prong of the BHC Act.33 and establishes major policies for the company. For instance, the chair of the The framework established by company. One of the most important board of directors of a company is Congress implies that a company with a issues that holders of voting securities generally recognized as a leader of the level of voting securities at the higher can vote on is the selection of the company and its board of directors, and end of the range—closer to 25 percent— members of the board of directors of a the chair may have additional powers, is more likely to control the second company. such as the ability to set the agenda for company, while a company at the lower For a company that controls 5 percent meetings of the board of directors. end of the range—closer to 5 percent— or more of any class of voting securities Similarly, certain committees of the is less likely to control the second of a second company, the proposal board of directors may have the power company. The Board’s experience presumed control if the first company to take actions that bind the company controlled a quarter or more of the board without the need for approval by the 30 See, e.g., 12 CFR part 263. of directors of the second company. 31 12 U.S.C. 1841(a)(2)(A). This presumption reflected the view 34 Policy Statement on equity investments in 32 12 U.S.C. 1841(a)(3). that the combination of a material level banks and bank holding companies (September 22, 33 12 U.S.C. 1841(a)(2)(C). of voting power combined with control 2008).

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full board of directors. In these such distinctions may increase relationship between an investor and circumstances, such a committee is uncertainty with respect to control another company that accounts for a nearly equivalent to the full board of because the proportion of independent substantial portion of the revenues or directors with respect to those decisions directors or the public status of a expenses of the second company may that it is empowered to make company may change without action by create a powerful lever of influence for unilaterally. an investor. Moreover, as noted above, the investor over the second company. To recognize the enhanced power the presumption of control related to Under the proposal, the Board wielded by directors in the positions director representatives occupying more presumed control in the following described in the paragraph above, the than 25 percent of a committee that has circumstances: proposal included a presumption of the power to take action to bind the i. If a company controls 5 percent or control if a company controls 15 percent company is premised on the concern more of any class of voting securities of or more of any class of voting securities that such a committee is nearly a second company and has business of a second company and if any director equivalent to the full board of directors relationships with the second company representative of the first company also with respect to those items that the that generate in the aggregate 10 percent serves as the chair of the board of committee can act on unilaterally. As a or more of the total annual revenues or directors of the second company. In result, the final rule retains the 25 expenses of the first company or the addition, the proposal included a percent committee standard contained second company; presumption of control if a company in the proposal to correspond to the 25 ii. If a company controls 10 percent or controls 10 percent or more of any class percent entire-board standard for more of any class of voting securities of of voting securities of a second company director representatives. With respect to a second company and has business and the director representatives of the the questions on advisory committees, relationships with the second company first company occupy more than a the standard under the final rule is that generate in the aggregate 5 percent quarter of the positions on any board whether a committee has the ability to or more of the total annual revenues or committee of the second company that take action that binds the company or expenses of the first company or the has the power to bind the company its subsidiaries. If an advisory second company; or without the need for additional action committee does not have that ability, it iii. If a company controls 15 percent by the full board of directors. is not a committee covered by the or more of any class of voting securities With respect to the presumption of presumption. of a second company and has business control for a director representative The proposal also included a relationships with the second company serving as chair of the board, presumption regarding the solicitation that generate in the aggregate 2 percent commenters suggested that different of proxies for the election of directors, or more of the total annual revenues or standards should apply depending on consistent with Board precedent. Under expenses of the first company or the whether the company was publically the proposal, the Board would have second company. traded, on the basis that public presumed control if a company that In addition, the Board has long companies are subject to heightened controls 10 percent or more of any class believed that if a company is able to governance standards compared to of voting securities of a second company enter into a business relationship with private companies. Commenters also solicits proxies to appoint a number of a second company on terms that are not suggested that the Board take the directors that equals or exceeds a market terms, it is likely that the first presence of independent directors into quarter of the total directors on the company has a significant level of account because independent directors board of directors of the second influence over the second company. could limit the influence of the chair of company. This 25 percent standard Thus, under the proposal, the Board the board. aligned the presumption for proxy presumed control if a company controls With respect to the presumption of solicitations to elect directors with the 10 percent or more of any class of voting control for director representatives proposed presumption for having securities of a second company and has serving on certain committees, director representatives. business relationships with the second commenters generally supported the The Board did not receive comments company that are not on market terms. distinction drawn in the proposal specifically on the presumption of Many commenters suggested that the between committees with power to act control related to the solicitation of Board’s proposed presumptions related independently and committees with proxies to elect directors. The final rule to business relationships used revenue only advisory powers. Some is consistent with the proposal with and expense thresholds that were too commenters suggested that the respect to this presumption of control, low. These commenters suggested that, presumption of control should apply though the final rule has been revised as a consequence, the presumptions only if the director representatives slightly to describe the standard more would capture business relationships occupied 50 percent or more of an clearly. that generally would be too small to independent committee. At least one provide a controlling influence and that commenter suggested clearly excluding Business Relationships the rule could therefore unnecessarily advisory committees from the The Board has long believed that a inhibit beneficial business relationships. committee presumption. company’s business relationships with Similarly, some commenters argued that The final rule is consistent with the another company provide a mechanism the business relationship presumptions proposal with respect to the through which the first company could had the effect of conflating influence presumptions of control for director exercise a controlling influence over the over a business relationship with representatives serving as chair of the second company. For example, a influence over the management and board or serving on certain committees. business relationship between an policies of a company. A few Distinguishing between public and investor and another company that commenters suggested that the private companies, or between accounts for a substantial portion of the thresholds established in the proposal companies that have a high versus low revenues or expenses of the investor for business relationships would create proportion of independent directors, may create a financial incentive for the particular issues for banking would add substantial complexity to the investor to attempt to influence the organizations seeking to make minority framework. In addition, incorporating second company. Similarly, a business investments in smaller companies, such

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as recently formed financial technology Some commenters argued that the securities of the second company and firms. Board should modify the business has business relationships with the Various commenters recommended relationships thresholds to focus only second company that generate in the different thresholds for the control on the revenues (not expenses) of the aggregate 10 percent or more of the total presumptions based on business two companies. These commenters annual revenues or expenses of the relationships. For example, some contended that a business relationship second company; commenters recommended that the that is a substantial expense to one party ii. The first company controls 10 Board revise the business relationship generally does not provide that party percent or more of any class of voting presumptions such that an investor with with any additional ability to exercise securities of the second company and less than 15 percent of any class of control over the counterparty. While has business relationships with the voting securities in a second company commenters acknowledged uncommon second company that generate in the would not be presumed to have control exceptions to this general standard— aggregate 5 percent or more of the total regardless of the size of business such as a relationship that cannot be annual revenues or expenses of the relationships between the companies. easily replaced—commenters asked that second company; or Similarly, a few commenters the rule not consider expenses or only iii. The first company controls 15 recommended that the business consider expenses under circumstances percent or more of any class of voting relationship thresholds for a likely to be relevant to control. A securities of the second company and presumption of control be raised number of commenters further argued has business relationships with the substantially at different levels of voting that the presumptions should only take second company that generate in the securities. For example, at least one into account the scale of business aggregate 2 percent or more of the total commenter stated that the presumptions relationships from the perspective of the annual revenues or expenses of the of control should be set at 50 percent of second company and not the first second company. revenues and expenses for an investor company. Specifically, these Some commenters sought clarification with between 5 and 10 percent of voting commenters contended that the fact that of concepts used in the business securities, at 33 percent of revenues and a relationship was significant to a first relationship presumptions, such as total expenses for an investor between 10 and company did not mean that it was annual revenues and total annual 15 percent of voting securities, and at 25 significant to a second company and expenses, and encouraged the Board to percent of revenues and expenses for an only relationships that were significant rely on well-understood and widely investor between 15 and 25 percent of from the perspective of the second available definitions of these concepts. voting securities. Some commenters also company would provide the first Commenters suggested that the Board suggested applying higher thresholds in company with an ability to exert provide clear standards for certain circumstances, such as if there influence over the second company. measurement and attribution of were a larger shareholder or a party with In response to these comments, the revenues and expenses, and that the a larger business relationship. final rule differs from the proposal in A few commenters suggested that the Board clarify what accounting standards that the final presumptions of control could be relied upon for such Board abandon quantitative metrics for related to business relationships only business relationships and instead measurements. Some commenters include thresholds based on the argued for a longer period of time over presume control only if a company revenues and expenses of the second threatens to terminate or alter business which to measure the companies’ company. As commenters noted, the business relationships, such as two relationships with another company for significance of business relationships the purpose of exercising a controlling years or three years. A number of from the perspective of a first company commenters argued that the thresholds influence over the second company’s is not necessarily indicative of the first management or policies. for business relationships should only company’s ability to control a second apply with respect to a company and its As noted, the Board historically has company, even though it may provide viewed business relationships as an consolidated subsidiaries and should an incentive for the first company to important mechanism through which not include business relationships from attempt to exercise control over the one company can exercise control over unconsolidated subsidiaries. second company. A business the management or policies of another A few commenters argued for an relationship that is significant to a company. The Board’s longstanding exception to the business relationship second company as a source of revenue view has required business presumptions for a company that could or expense, however, may be leveraged relationships to be quantitatively not calculate both sides of the business by the first company to exercise limited and qualitatively immaterial to relationship but had a good faith basis influence over the second company.35 avoid raising control concerns. for believing that the relationships were As a result, under the final rule, a Consistent with this principle, the within the limits of the presumptions. company would be presumed to control proposal provided several presumptions At least one commenter recommended another company when: that business relationships be measured based on voting securities and business i. The first company controls 5 based only on the financial statements relationships. The Board views the percent or more of any class of voting thresholds at which the proposed of a company at the time of an investment in order to make it easier to business relationship presumptions of 35 Though the final rule is expected to cover most control were set to be reasonable and controlling influence concerns arising out of comply with the business relationship generally consistent with its past business relationships, the Board may raise thresholds. practice. The final rule, therefore, controlling influence concerns under specific facts Consistent with the proposal, the and circumstances consistent with historical retains the threshold levels that were precedent, such as relationships with special business relationship presumptions in included in the proposal. Further, the qualitative significance (for example, relationships the final rule include thresholds based final rule includes the presumption that are difficult to replace and are necessary for on total consolidated annual revenues related to business relationships that are core functions). In addition, the revised business and expenses. Revenues and expenses relationship presumptions of control do not in any not on market terms without change way limit the ability of the Board to take action to are meant to be understood as these from the proposal, for the reasons address business relationships that raise safety and terms are commonly understood in the described above. soundness or other concerns. context of U.S. generally accepted

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accounting principles (‘‘GAAP’’).36 relationships. The final rule establishes these presumptions, the individual must Principles of consolidation are also clear and generally applicable standards serve as an employee or director at the meant to be applied as generally that rely on well-understood accounting first company and as a senior implemented in the context of GAAP. principles that aim to capture the management official at the second Thus, the general expectation is that a economic significance of business company. The proposal defined a senior company’s consolidated income relationships between two companies. management official of a company as statement for the preceding fiscal year The introduction of exclusions for any person who participates or has the should contain the necessary particular types of relationships or authority to participate (other than in information to determine revenues and counterparties would add substantial the capacity as a director) in major expenses for purposes of the complexity to the rule. policymaking functions of the company. presumptions. Further, the final rule Some commenters argued that there In addition, the proposal included a maintains annual measurement of should be a temporary transition or presumption of control where a revenues and expenses for purposes of grace period, during which business company that controls 5 percent or more the presumptions as annual financials relationships could exceed applicable of any class of voting securities of a provide an existing and widely relied thresholds without triggering a second company has an employee or upon means to understand the presumption of control. As discussed, director who serves as the chief significance of business relationships. the business relationship presumptions executive officer (or an equivalent role) Many commenters sought specific in the final rule are based on annual of the second company. The chief exclusions from the business consolidated revenues and expenses. executive officer of a company is relationship presumptions. At least one The use of annual measurement allows generally the most powerful senior commenter recommended that the final for some, but not excessive, day-to-day management official of the company. rule exclude certain types of business volatility in business relationships that Some commenters criticized the relationships, such as arm’s-length should be sufficient for companies to proposed presumption based on senior lending and deposit relationships, or manage. As a result, the final rule management interlocks on the basis that non-exclusive business relationships includes no additional transition or the scope of individuals treated as where alternative service providers are grace period. senior management officials was available. Some commenters sought In addition, consistent with the unclear. These commenters generally clarification regarding specific contexts, proposal, the final rule does not include encouraged the Board to limit the scope such as whether management fees paid a presumption of control based on of covered senior management officials by limited partners to general partners threats to alter or terminate business to a clearly identifiable group, rather should be included as business relationships. Although such actions than using the qualitative standard relationships. Similarly, commenters may be relevant to determinations of included in the proposal. A few argued that readily marketable debt control, adding such a presumption commenters also argued that larger securities of a company owned by would increase the complexity of the companies should be permitted to have another company should not be final rule. more senior management interlocks. The final rule includes the proposed included in business relationships if the Senior Management Interlocks terms were not negotiated by the two presumptions of control for senior The officers of a company wield companies. management interlocks without At least one commenter argued that significant power over the company revision. The Board has long recognized the presumptions should not take into because they implement the major the potential for senior management account business relationships between policies set by the board of directors, interlocks to be a conduit by which one make all the ancillary policy decisions an investment fund and any company in company can influence another necessary for implementation, and which the fund makes an investment, to company, and the final rule is operate the company on a day-to-day the extent such relationships are at consistent with this understanding. basis. In addition, officers often make arm’s length and non-exclusive. Some Consistent with the proposal, the influential recommendations to the commenters suggested that the business presumptions related to senior board of directors regarding major relationship presumption should take management interlocks in the final rule policy decisions. As a result of this account of the special circumstances of include targeted adjustments to substantial degree of influence, the start-up companies by measuring historical practice to refine the scope of Board historically has viewed situations revenues over a longer period or not relevant interlocks to focus on senior where an agent of a significant investor considering business relationships officers and, in particular, the chief company serves as a management executive officer. The focus on senior during the first several years of a official of another company as providing management officials leans against the company’s existence. Several a significant avenue for the first types of interlocks most likely to raise commenters argued that business company to exercise a controlling controlling influence concerns, but also relationships involving referrals should influence over the second company. permits an investor to have multiple not be included for revenue purposes The proposal included a presumption junior employee interlocks that would because the amount of referral fees can of control where a company that not increase the investor’s ability to be volatile. controls 5 percent or more of any class The final rule contains no specific influence operations and policies at the of voting securities of a second company exclusions from the presumptions for investee company. has more than one senior management Also consistent with the proposal, the particular types of business interlock with the second company. In final rule defines ‘‘senior management official’’ to be any person with authority 36 For purposes of the final rule, revenue is addition, the proposal included a understood to mean gross income, not income net presumption of control where a to participate (other than as a director) of expenses. If a company does not prepare company that controls 15 percent or in major policy making functions of a financial statements according to GAAP, the Board more of any class of voting securities of company. This definition is based on expects to rely on the non-GAAP financial the function that a person serves rather statements of the company, while taking differences a second company has any senior in accounting standards into account as management interlock with the second than a person’s official title. The Board appropriate. company. In order to trigger either of recognizes that this definition is not

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precise and will consider providing have been raised whether the covenants Consistent with the proposal, under additional clarity around this definition arise directly from the terms of the the final rule, a company is presumed after acquiring more experience with the equity investment or from separate to control another company if the first senior management interlocks agreements between the companies. company controls 5 percent or more of presumptions. Under the proposal, a company any class of voting securities of the generally was presumed to control a second company and the first company Contractual Limits on Major Operational second company if the first company (i) has a limiting contractual right with or Policy Decisions owns 5 percent or more of any class of respect to the second company. As A company that controls a material voting securities of the second discussed, limiting contractual rights amount of voting securities of a second company; and (ii) has any contractual can allow a company to exercise company also may have contractual right that significantly restricts the significant influence over another arrangements with the second company, discretion of the second company over company, such as by providing the first such as investment agreements, debt major operational or policy decisions.38 company with an effective veto over relationships, service agreements, or A company with less than 5 percent of decisions of the second company, agreements related to other business each class of voting securities of a overriding the discretion of the board of relationships. Often, these contractual second company would not have directors of the second company or the rights do not raise controlling influence triggered this presumption of control choices of its shareholders. However, concerns because the rights, for even if the first company had covenants limiting contractual rights are often example, are limited in scope or that significantly restricted the important provisions in commercial reinforce the protections provided to the discretion of the second company over agreements, including many loan investor under the law. However, the major operational and policy decisions. agreements, and the Board has long Board has viewed many other Thus, the proposal both recognized the recognized the importance of such contractual provisions as raising potentially significant influence that contractual provisions in the context of controlling influence concerns when the covenants can provide and recognized commercial relationships. Thus, agreement has the effect of substantially the normal use of restrictive covenants consistent with the proposal, under the enhancing one company’s influence in loan agreements and other market- final rule, a company must also control over the discretion of another terms business relationships. a material percentage of the voting company.37 The presumption of control under the securities of another company— Contractual rights often raise proposal introduced a new defined specifically, at least 5 percent of any controlling influence concerns when term, ‘‘limiting contractual right,’’ class of voting securities—in order to be they provide an investor with the ability defined as a contractual right that presumed to control the other company to direct or block major operational or allows a company to restrict due to a limiting contractual right. In policy decisions of another company, significantly the discretion of a second other words, the final rule reflects that whether such decisions are made by company, including its senior the Board’s concern with limiting management or by the board of directors management officials and directors, over contractual rights generally arises from of the other company. The ability of an major operational or policy decisions. the combination of a limiting investor effectively to veto an important The proposal also included a contractual right and control over a business decision of a company nonexclusive list of examples of material share of voting securities.39 generally provides the investor with the contractual rights that are generally This approach is intended to balance ability to exercise a significant influence considered to be limiting contractual the normal use of restrictive covenants over a major operational or policy rights, as well as a nonexclusive list of in standard lending and other decision of the company. examples of contractual rights that are commercial relationships, while also The Board also has long recognized generally not considered to be limiting recognizing the power of limiting that contracts governing business contractual rights. contractual rights to enhance the relationships, including many loan Commenters argued that the Board influence of a company that is a agreements, contain restrictive should either raise the voting securities material equity investor in another covenants and that the existence of threshold at which the presumption of company. these covenants has not been sufficient, control based on limiting contractual Total Equity in itself, to constitute a controlling rights would apply or remove the influence. Thus, the Board generally has presumption entirely. At least one The Board has long subscribed to the not viewed restrictive covenants in the commenter argued that the presumption view that the overall size of an equity context of loan transactions or related to limiting contractual rights investment, including both voting and commercial services to raise controlling should not apply to an investor that nonvoting equity, is an important influence concerns. However, when a controls less than 10 percent of each indicator of the degree of influence an company has both control over a class of voting securities. In addition, investor may have. A company is likely material percentage of the voting commenters raised concerns with some to pay heed to its large shareholders in securities of another company and of the specific rights listed in the order to maintain stability in its capital covenants that significantly restrict the proposal as examples of limiting base, enhance its ability to raise discretion of the second company, the contractual rights. These comments are additional equity capital in the future, covenants have raised controlling discussed later in this preamble in the and to prevent the negative market influence concerns. These concerns section related to the definition of signal that may be created by the sale of limiting contractual rights. a large block of equity by an unhappy 37 Contractual covenants also may raise safety and shareholder. All of these concerns are soundness concerns, such as a covenant that present independent of the ability of an impairs the ability of a banking organization to raise 38 The proposal provided an exclusion for additional capital, or a covenant that imposes limiting contractual rights in the context of a investor to exercise the voting powers of substantial financial obligations on a banking pending merger that are designed to ensure that the organization. Safety and soundness concerns may target company operates in the ordinary course 39 This is different from management agreements, arise in the absence of, or in addition to, controlling while the merger is pending. The final rule includes which raise control concerns regardless of the share influence concerns. this exclusion consistent with the proposal. of voting securities controlled.

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equity to attempt to influence the more of total equity would apply is unhappy or disagrees with the investee company. Further, an investor without regard to the first company’s business decisions of the company in with a large equity investment also has voting securities percentage. In addition which it has invested should be able to a powerful incentive to wield influence to simplifying, this adjustment to the exit its investment and that the over the company in which it has proposal reflects that nonvoting equity, possibility of investor exit imposes invested due to the investor’s while a significant mechanism through important discipline on management. substantial economic interest in the which control may be exercised, should The Board did not propose a investee company. However, the Board not be capped at the same 25 percent presumption of control based on threats also has recognized that nonvoting voting securities level that the statute to dispose of securities. equity does not provide the same ability identifies as control. Many commenters expressed support to exercise a controlling influence as Commenters also raised a variety of for the Board’s decision to not include voting equity. issues around the Board’s proposed a presumption of control based on Accordingly, under the proposal, a methodology for calculating a attempts to exercise control by company was presumed to control company’s total equity position in threatening to dispose of securities. another company if the first company another company. These comments are Consistent with the proposal, the controls less than 15 percent of the discussed below in section III.D. of the Board is not adopting a presumption of voting securities of the second company preamble. control based on one company but one-third or more of the total equity Proxies on Issues attempting to exercise control over of the second company. In addition, a another company by threatening to company was presumed to control The Board historically has raised dispose of its securities in the second another company if the first company controlling influence concerns if a company. By not adopting a controls 15 percent or more of the company with control over 10 percent presumption, the Board recognizes that or more of a class of voting securities of voting securities of the second company investors generally should be able to a second company solicits proxies from and 25 percent or more of the second exit investments without raising control the shareholders of the second company company’s total equity. This element of concerns. the proposal was consistent with the on any issue. The Board did not propose total equity standard described in the a presumption of control for a company C. Description of Additional Board’s 2008 Policy Statement. that controls 10 percent or more of a Presumptions and Exclusions Some commenters argued that total class of voting securities of a second In addition to the tiered presumption equity on its own does not provide a company and solicits proxies from the framework described previously, the company with a substantial ability to shareholders of the second company on proposal included several additional exercise a controlling influence and any issue. Many commenters supported presumptions of control. Several of the Board’s decision to not include a therefore recommended that the Board these presumptions clarified presumption of control based on increase the amount of total equity the presumptions already in Regulation Y soliciting proxies on issues presented to first company could control in the and Regulation LL, and others of these the shareholders. second company before triggering a presumptions related to standards that presumption of control. A few Consistent with the proposal, the Board is not adopting a general the Board historically has used to make commenters suggested that the Board control decisions but has not before permit all investors to own up to one- presumption of control for a company that solicits proxies from the included in regulation. This section of third of the total equity of a company the preamble discusses these additional (regardless of voting equity position) shareholders of another company.40 Accordingly, under the final rule, a presumptions and how they are without triggering a presumption of reflected in the final rule. control. Other commenters advocated noncontrolling investor generally may for alternative tiered presumptions act as a shareholder and engage with the Management Agreements target company and other shareholders related to total equity, such as The Board has long believed that on issues through proxy solicitations. presumptions of control where a management agreements under which a company (i) has 15 percent or more of Threats To Dispose of Securities company can direct or exercise the voting securities of the second Historically, the Board has viewed significant influence over the company and one-third or more of the management or operations of another total equity; (ii) has between 10 percent threats to dispose of large blocks of voting or nonvoting securities in an company raise significant controlling and 15 percent voting and more than 40 influence concerns.41 The proposal percent total equity; and (iii) has under effort to try to affect the policy and expanded slightly the existing 10 percent voting and more than 50 management decisions of another regulatory presumption to expressly percent total equity. Some commenters company as presenting potential identify additional types of agreements suggested that the Board have an controlling influence concerns. As a or understandings that allow a company exception to the total equity result, the Board traditionally has raised to direct or exercise significant presumption if another shareholder has controlling influence concerns if a influence over the core business or a significant block of voting securities in company with control over 10 percent policy decisions of another company. the second company that could prevent or more of a class of voting securities of The proposal also clarified that a the first company from using total a second company threatens to dispose management agreement includes an equity to exercise a controlling of its investment if the second company agreement where a company is a influence over the second company. refuses to take some action desired by In the final rule, the Board is the first company. However, the Board managing member, trustee, or general simplifying its total equity presumption also has recognized that an investor that partner of another company, or so that a company will be presumed to exercises similar functions. control a second company when the 40 The final rule includes a presumption of control related to soliciting proxies for the election 41 See 12 CFR 225.31(d)(2)(i); 12 CFR first company controls one-third or of directors, which is discussed in the section of 238.21(d)(2)(i) (citations are to the Code of Federal more of the total equity of the second this preamble related to the presumptions of control Regulations prior to the amendments made by this company. The threshold of one-third or based on director representation. final rule).

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The Board did not receive comment satisfied.45 In order to qualify for this period would be a reasonable period specifically on the presumption of exception: determined by fund managers. control arising from a management • The only permitted business A few commenters recommended that agreement. Accordingly, the Board is relationships between the investment the investment company exception finalizing the presumption as proposed, adviser and the investment company apply to foreign equivalents of U.S. including with the clarifications that were investment advisory, custodian, registered investment companies and expressly include agreements where a transfer agent, registrar, administrative, certain other types of investment funds, company is a managing member, distributor, and securities brokerage such as exempt investment companies trustee, or general partner of another services provided by the investment and business development companies. company. adviser to the investment company; Some commenters also requested that • Representatives of the investment registered investment companies be Investment Advice and Investment adviser must occupy 25 percent or less excluded from the presumptions of Funds of the board of directors or trustees of control without having to satisfy any the investment company; and conditions. Several commenters further The proposal included a presumption • The investment adviser must argued that the Board should apply the of control where a company serves as control less than 5 percent of each class standards of the SEC for independent investment adviser to an investment of voting securities of the investment directors rather than the Board’s fund and controls 5 percent or more of company and less than 25 percent of the standards for director representatives for any class of voting securities of the fund total equity of the investment company. purposes of determining how many or 25 percent or more of the total equity Corresponding to the seeding period director representatives a company has of the fund. For purposes of this in the investment adviser presumption, on the board of directors of a registered presumption, the proposal defined the last criteria in the registered investment company. At least one ‘‘investment adviser’’ to include any investment company exception did not commenter suggested that the Board person registered as an investment apply if the investment adviser had exclude any ordinary-course business adviser under the Investment Advisers organized and sponsored the investment relationships between investment Act of 1940 (‘‘Advisers Act’’), any company within the preceding twelve companies and their advisers from person registered as a commodity months. This provision allowed the consideration in the context of control. trading adviser under the Commodity investment adviser to control greater The final rule retains the presumption Exchange Act, or a foreign equivalent of percentages of securities of the of control for investment advisers of 42 such a registered adviser. Similarly, investment company during the initial investment funds as proposed. The ‘‘investment fund’’ included a wide seeding period of the investment exception for registered investment range of investment vehicles, including company.46 companies is not included in the final investment companies registered under Commenters argued that the proposals rule. Both the control presumption and the Investment Company Act of 1940, with respect to investment funds and the exception were designed to align investment companies that are exempt registered investment companies were with Board precedent regarding control from registration under the Investment inconsistent with prior Board precedent, over investment funds and thus were Company Act, and foreign equivalents most notably a single case where the intended to be complementary in scope. of either registered investment Board allowed a bank holding company The registered investment company companies or exempt investment to retain up to 25 percent of the voting exception had minimal incremental companies.43 Other investment securities of an investment company information value beyond the general vehicles, such as commodity funds and under certain conditions.47 Many investment fund presumption, and the real estate investment trusts, generally commenters argued that the rule should details of the exception raised many also were included as investment funds. follow this precedent and allow questions regarding how it would investment advisers to control up to 25 function. Thus, it has been removed However, the proposed presumption from the final rule to simplify the rule. percent of the voting securities of an of control would not have applied if the The final rule retains the threshold of advised investment fund without investment adviser organized and 5 percent of a class of voting securities sponsored the investment fund within triggering a presumption of control, for purposes of the investment adviser the preceding twelve months. This rather than 5 percent as proposed. presumption of control. The single provision allowed the investment Many commenters also suggested a precedent identified by commenters that adviser to avoid triggering the one-year seeding period was too short permitted ownership of up to 25 percent presumption of control over the and should be extended to three years of the voting securities of a fund was an investment fund during the initial to be consistent with the Volcker Rule. unusual case based in part on statutory 44 seeding period of the fund. In addition, commenters suggested that provisions that are no longer in effect. the seeding periods should be available In addition, the proposal provided a In addition, in that precedent, the Board to authorized participants, not just limited exception from the relied on additional constraints to organizers and sponsors. Some presumptions of control where the mitigate control concerns and these commenters advocated for an approach investment fund was an investment additional constraints were not where no seeding period was specified company registered with the SEC under included in the proposal. The threshold in the rule and instead the seeding the Investment Company Act of 1940 of 5 percent of any class of voting

and certain other criteria were 45 securities is consistent with the 15 U.S.C. 80a et seq. preponderance of Board precedent in 46 See, e.g., Mellon Bank Corporation, 79 Federal 42 15 U.S.C. 80b–1 et seq.; 7 U.S.C. 1 et seq. Reserve Bulletin 626 (1993); The Chase Manhattan this area. 43 15 U.S.C. 80a et seq. Corporation, 81 Federal Reserve Bulletin 883 The final rule retains the one-year 44 The proposed presumption of control for (1995); Commerzbank AG, 83 Federal Reserve seeding period, consistent with the service as an investment adviser to an investment Bulletin 678 (1997). proposal. The one-year seeding period is fund was intended to be consistent with the Board’s 47 See Letter to H. Rodgin Cohen, Esq., dated June precedents regarding when an investment adviser 24, 1999, https://www.federalreserve.gov/ consistent with the bulk of Board controls an advised investment fund under the boarddocs/legalint/BHC_ChangeInControl/1999/ precedent related to organizing and BHC. 19990624/. sponsoring investment funds and

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provides a reasonable amount of time for consolidation for variable interest Regarding the interaction of the final for the seeding of most investment entities did not conform to the Board’s rule and the intermediate holding funds. The one-year seeding period is standards for controlling influence. company requirements of the Board’s only available to the company that Commenters also stated that presuming Regulation YY, a foreign banking organizes and sponsors an investment that consolidated variable interest organization that is required to form a fund and not to other early investors in entities are controlled could have U.S. intermediate holding company an investment fund, because only the unintended consequences for foreign must hold all ownership interests in sponsor/organizer necessarily controls banking organizations subject to the U.S. subsidiaries through its U.S. all the equity securities of the company Board’s U.S. intermediate holding intermediate holding company.51 In when the fund is formed.48 company requirements.50 In addition, general, ownership interest under the At least one commenter commenters expressed concern that the intermediate holding company recommended that the Board confirm accounting consolidation rules were requirements does not include the ongoing applicability of control promulgated by a different authority contractual relationships, including letters from the General Counsel of the with different purposes and that the contractual relationships that result in Board to mutual fund families, and consolidation standards were subject to consolidation of a company under the investments made in accordance with change outside of the control of the variable interest entity standard. Thus, those letters. The application of the final Board. Some commenters requested for example, where a U.S. branch of a rule to existing structures is discussed exclusions for variable interest entities foreign bank has a contract with an in more detail elsewhere in this in certain contexts, such as an exclusion asset-backed commercial paper conduit preamble. The Board does not intend to for asset-backed commercial paper that causes the conduit to be revisit existing structures that were conduits or particular types of consolidated by the branch under the previously reviewed by the Federal ownership or management relationships variable interest entity standard, the Reserve System and have not changed between a company and a variable contract is not an ownership interest materially. interest entity. and therefore may remain between the The final rule establishes a Accounting Consolidation branch and the conduit. presumption of control when one The proposal sought comment on Under the proposal, the Board company consolidates a second whether the Board should presume that presumed that a company that company for purposes of GAAP. This a company controls a second company consolidates a second company under presumption is consistent with the if the first company applies the equity GAAP controls the second company. proposal. A company that consolidates method of accounting with respect to its The presumption was based on an another company due to control over a investment in the second company. understanding that GAAP generally majority of the voting securities of the Many commenters opposed the calls for consolidation under second company should control the introduction of this presumption. These circumstances where the consolidating second company under the voting commenters argued that the standards entity has a controlling financial interest securities control prong of the BHC Act for the equity method of accounting over the consolidated entity. and HOLA. A company that were different than control under the Consolidation is typically required consolidates another company under BHC Act and HOLA and that the under GAAP due to ownership of a the variable interest entity standard practical effect of such a presumption majority of the voting securities of a must have substantial ability to direct would be to presume control over a company, which would significantly the activities of the second company (in company due to control over 20 percent exceed the voting security threshold for addition to having a potentially of a company’s voting securities, control under the BHC Act and HOLA. significant economic exposure). A substantially below the statutory In addition, GAAP requires company that is consolidated under the threshold of 25 percent. Similar to consolidation of companies under the variable interest entity standard often comments regarding accounting variable interest entity standard (i) would be controlled under one of the consolidation, commenters also objected where a company has significant other presumptions of control in the to the Board’s control-based reliance on economic exposure to a variable interest final rule such as the management accounting standards designed for entity and has the power to direct the agreement presumption. The inclusion different purposes. activities of the entity that most of the GAAP consolidation presumption The final rule does not include a significantly impact the entity’s should reduce burden and uncertainty presumption of control when one economic performance or (ii) where a by allowing companies to identify company applies the equity method of company controls a variable interest presumptive control relationships based accounting with respect to its entity by contract.49 on existing accounting standards. investment in a second company. Many commenters urged the Board to The presumption of control where Although equity method accounting abandon the proposed presumption of one company consolidates a second treatment indicates a substantial control where a first company company for purposes of GAAP covers, relationship between two companies, consolidates a second company for by its terms, only those companies that unlike consolidation, equity method purposes of GAAP. Commenters also prepare financial statements under accounting is not as closely linked to urged the Board not to expand the GAAP. The Board notes, however, that the Board’s views on what constitutes a proposed consolidation presumption the Board is likely to have control controlling influence. based on GAAP to consolidation under concerns where a company consolidates other accounting standards. These another company on its financial Divestiture commenters argued that the standards statements under another accounting The proposal substantially revised the standard, particularly if the other Board’s standards regarding divestiture 48 The one-year seeding period in the final rule accounting standard has consolidation of control. The Board historically has does not alter the rules applicable to hedge fund standards that are similar to the taken the position that a company that and private equity fund investments under the Volcker Rule, including the rules addressing consolidation standards under GAAP. has controlled another company may be permissible seeding periods for such funds. 49 See, e.g., ASC 810–10. 50 See 12 CFR 252.153. 51 12 CFR 252.153.

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able to exert a controlling influence over voting securities of the second actions with each other and the that company even after a substantial company, or only a majority of the company to act as a single voting bloc divestiture.52 As a result, the Board securities of the class of voting to advance the interests of the company. typically has applied a stricter standard securities that the divesting shareholder The proposal differed from current for terminating control than for is selling. In addition, commenters practice, however, by providing an establishing new noncontrolling asked the Board to clarify how the exception to this general presumption. investments.53 divestiture presumption interacts with Specifically, the presumption did not The proposal provided that a the seeding period in the investment apply if (i) the first company controls company that previously controlled a fund context. less than 15 percent of each class of second company during the preceding The final rule includes the divestiture voting securities of the second company two years would be presumed to presumption substantially as proposed. and (ii) the senior management officials continue to control the second company As noted, the possibility of continued and directors of the first company, if the first company owned 15 percent control in the context of a partial together with their immediate family or more of any class of voting securities divestiture has been identified as a members, control 50 percent or more of of the second company. The divestiture concern in Board precedent and case each class of voting securities of the presumption did not apply if a majority law. The final rule balances these second company. of each class of voting securities of the concerns with the goal of providing The proposed exclusion to the second company would be controlled by greater transparency and certainty to the presumption reflected the Board’s a single unaffiliated individual or Board’s consideration of controlling traditional understanding that, when company after the divestiture by the influence issues. individuals control an outright majority first company. Further, the divestiture The final rule does not provide an of a class of voting securities of a second presumption generally did not apply in exception to the presumption to company, it is likely the individuals cases where a company sold a facilitate the organization and who are truly exercising control over the subsidiary to a third company and sponsorship of investment funds. Such second company, rather than any received stock of the third company as an exception is not necessary because company that employs the individuals. consideration for the sale.54 an investment adviser must have less Under these circumstances, the first Many commenters supported the than 5 percent of each class of voting company is generally not a significant proposed divestiture presumption. securities of an investment fund after conduit for control over the second Other commenters argued that the the initial one-year seeding period in company.55 threshold for the divestiture order to not trigger the investment fund At least one commenter requested that presumption should be raised higher presumption of control, and the the Board clarify how the rule than 15 percent or that the divestiture divestiture presumption only applies attributing ownership of securities held presumption should be entirely where a company retains at least 15 by senior management officials, removed from the rule. At least one percent of any class of voting securities. directors, or controlling shareholders of commenter requested clarification as to Regarding the commenter requests for a company to that company (proposed the conditions required for the clarification of the exception to the 12 CFR 225.9(c), 238.10(c)) would exception to the divestiture divestiture presumption, the Board operate in conjunction with the 5–25 presumption to apply, specifically clarifies that the exception only applies presumption (proposed 12 CFR whether the other shareholder must when an unaffiliated person controls 50 225.32(d)(6), 238.22(d)(6)). control a majority of every class of percent or more of the outstanding The final rule does not include the 5– securities of each class of voting 25 presumption of control of a 52 See, e.g., ‘‘Statement of policy concerning securities of the company being company. Instead, this presumption of divestitures by bank holding companies’’ divested. control of a company has been (divestiture policy statement). 12 CFR 225.138. The divestiture policy statement indicates that Presumption of Control for the integrated into the standard for control divestiture is a special consideration for purposes Combined Ownership of a Company by a company over voting securities. of control and that the Board’s normal rules and and Its Senior Management Officials Specifically, the final rule provides that presumptions regarding control may not always be a company that controls 5 percent or appropriate in the context of divestiture. See also and Directors Am. Gas & Elec. Co. v. SEC, 134 F.2d 633, 643 (D.C. more of any class of voting securities of The proposal included a presumption another company also controls any Cir. 1943) (holding that ‘‘controls and influences that a company controls a second exercised for so long and so extensively [under the securities issued by the second Public Utilities Holding Company Act] are not company when (i) the first company company that are controlled by the severed instantaneously, sharply and completely, controls at least 5 percent of any class especially when powers of voting, consultation and senior management officials, directors, of voting securities of the second or controlling shareholders of the first influence such as have been retained remain’’). company and (ii) the senior 53 See, e.g., 12 CFR 225.139 (‘‘2(g)(3) policy company, or immediate family members statement’’). The 2(g)(3) policy statement describes management officials and directors of of such individuals. In addition, the the implementation of section 2(g)(3) of the BHC the first company, together with their final rule incorporates into this standard Act (Congress removed section 2(g)(3) from the BHC immediate family members and the first for control over securities the exclusion Act in 1996). Section 2(g)(3) created a rebuttable company, own 25 percent or more of a presumption that a transferor continued to control contained in the proposed 5–25 securities of a company transferred to a transferee class of voting securities of the second presumption, as described further in if the transferee was indebted to the transferor or company (5–25 presumption). The section III.C of this preamble. if there were certain director or officer interlocks proposed presumption reflected the between the transferor and transferee. The 2(g)(3) Board’s historical position that it is Closely Held Companies and Widely policy statement remains relevant because it reflects the Board’s longstanding position that terminating often appropriate to attribute securities Held Companies control requires reducing relationships to lower held by management officials of a In developing the proposal, the Board levels than would be consistent with a new company to the company itself for considered whether there should be noncontrolling relationship. purposes of measuring control by a 54 See, e.g., Letter to Mark Menting, Esq., dated different presumptions for (i) companies February 14, 2012, https://www.federalreserve.gov/ company under the BHC Act. The bankinforeg/LegalInterpretations/bhc_ management officials of a company are 55 See Vickars-Henry Corp. v. Fed. Reserve Sys., changeincontrol20120214.pdf. well positioned to coordinate their 629 F.2d 629 (9th Cir. 1980).

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that are widely held relative to complexity of the rule. Moreover, the section 4 of the BHC Act. The same companies that are closely held or (ii) Board notes that the statutory exception would apply for purposes of companies that are majority owned by a framework contemplates that multiple Regulation LL, to provide parallel third party. The Board considered these companies could control a single treatment under the BHC Act and factors because it could be reasonable to company even if there is one company HOLA. The final rule also includes assume that a major investor in a that has predominant, or even majority, additional clarifying edits to the company that is otherwise widely held control over the voting securities of the fiduciary exception. has outsized influence compared to a company. Finally, having control The final rule does not provide context where the major investor is one determinations turn on the shareholder broader clarity around the scope of the of several major investors in a closely structure of the target company may fiduciary exception. The Board notes, held company. Similarly, in many cases, create practical difficulties for investors. however, that the fiduciary exception in it could be reasonable to assume that a For example, a first company could the final rule is intended to align with major investor has reduced influence establish a relationship that does not the Board’s traditional understanding of over a company where another investor trigger a presumption of control over a the scope of the fiduciary exceptions in has an outright majority of the voting second company, but the second the BHC Act and Regulation Y. The securities of the company. The proposal, company could subsequently become primary example of the role covered by however, did not include different more widely held, leading the first the fiduciary exception is that of the presumptions for widely held company to trigger a presumption of trust department of a depository companies versus closely held control without any action of its own. institution that is authorized to engage companies or for companies under the Fiduciary Exception in fiduciary activities. Companies may majority control of a third party because contact the Board or its staff to seek such distinctions increased the Under the proposal, the presumptions clarification as to whether any complexity of the proposal and could of control did not apply to the extent particular holding of securities would have made the presumptions more that a company controls voting or qualify for the fiduciary exception. difficult to apply in practice. nonvoting securities of a second Some commenters argued that the company in a fiduciary capacity without Rebuttable Presumption of Noncontrol presence of a larger, third-party sole discretionary authority to exercise Under the proposal, a company was shareholder should create a the voting rights. This exception for presumed not to control a second presumption of non-control for any holding securities in a fiduciary company if the first company (i) company with a lesser interest. capacity is currently in the control controls less than 10 percent of every Commenters provided several different provisions of Regulation Y and was class of voting securities of the second proposals for how this might be retained in full.56 implemented, ranging from an Many commenters argued that the company and (ii) is not presumed to exemption from the presumptions of Board’s proposed exclusion for control the second company under any control where a third party controls a securities held in a fiduciary capacity of the proposed presumptions of majority of the securities of a company was overly restrictive because it control. This provision of the proposal to an exemption from the presumptions included a requirement that the modestly expanded the statutory and of control where a third party controls fiduciary not have sole discretionary pre-existing regulatory rebuttable a sufficiently large plurality of the voting authority over the securities. presumption of noncontrol that applies securities of a company. Some Commenters noted that, although not where a first company controls less than commenters suggested that the presence 5 percent of any class of voting having sole discretionary voting 57 of a larger, third-party shareholder authority was required for the fiduciary securities of a second company. should raise the level of other exemption in section 3 of the BHC Act, Many commenters supported the relationships, particularly business section 4 of the BHC Act excluded proposed presumption of noncontrol, relationships, that two companies could securities held in a fiduciary capacity arguing that controlling influence would have before triggering a presumption of without this additional requirement. be especially unusual for companies control. Commenters also argued that a Commenters also sought clarification with less than 10 percent of each class majority shareholder should give rise to of when a company would be of voting securities of another company. a presumption of noncontrol for all considered to have sole discretionary Some commenters argued that the Board other shareholders. authority to exercise voting rights. At should expand the presumption of Other commenters supported the least one commenter asked that the noncontrol further to cover any Board’s proposal not to create different Board provide that an investment company that did not trigger a presumptions depending on the adviser lacks sole discretionary voting presumption of control. At least one shareholder composition of the second authority where an investment fund has commenter argued that a presumption company because of the complexity this the right to revoke the adviser’s voting of noncontrol should at least apply to would add to the rule. authority. foreign entities that do not trigger a The presumptions in the final rule do In response to the issues raised by presumption of control in order to not differentiate between closely held commenters, the fiduciary exception in mitigate extraterritorial application of and widely held companies and the final rule only requires that the the BHC Act. Commenters also raised generally do not turn on the presence of securities of a depository institution or concerns with the proposed exclusion a majority third-party shareholder. a depository institution holding from the presumption of noncontrol for Although a company’s influence over company be held without sole any company that triggered a another company may vary based on the discretionary voting authority. presumption of control, at least as shareholder structure of the second Accordingly, the final rule’s fiduciary applied to companies with less than 5 company, adding exceptions to certain exception would parallel the different percent of any class of voting securities presumptions of control because the fiduciary exceptions in section 3 and of another company. second company is closely held or majority-controlled by a third party 56 See 12 CFR 225.31(d)(2)(iv); see also 12 U.S.C. 57 12 U.S.C. 1841(a)(3), 12 CFR 225.31(e), and would significantly increase the 1841(a)(5)(A). 238.21(e).

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The final rule adopts the rebuttable Revenue Code, the final rule, consistent The final rule adopts the definitions presumption of noncontrol as with the proposal, clarifies that of first company and second company proposed.58 Thus, a company is covenants to take reasonable steps to as proposed.59 For purposes of presumed not to control a second maintain a specific tax status generally controlling influence, the Board company if the first company (i) are not limiting contractual rights and historically has considered the controls less than 10 percent of every that agreements among shareholders to relationships between one company and class of voting securities of the second preserve a certain tax status generally do its subsidiaries, on the one hand, and company and (ii) is not presumed to not constitute restrictions on securities another company and its subsidiaries, control the second company under any that provide control over the covered on the other hand. Grouping a parent of the presumptions of control. This securities. On the status of testamentary company with its subsidiaries reflects approach and calibration of the trusts as companies under the BHC Act, an understanding that a subsidiary noncontrol presumption reflects the neither the proposal nor the final rule generally will comply with directions Board’s experience that a company with alters the Board’s standards related to from its parent company. Considering less than 10 percent of any class of testamentary trusts. only direct relationships between two voting securities of another company is A. First Company and Second Company companies would ignore this dynamic unlikely to have a controlling influence and thus the economic realities of over the second company, absent the The core of the proposal was the corporate structures. For example, an indicia of control specified in the addition of a series of presumptions of investing company may own securities control presumptions. The additional control that apply in the context of the in a top-tier bank holding company changes supported by some commenters Board making a determination that one while having substantial business would increase the scope of the company has the ability to exercise a relationships with the bank holding presumption of noncontrol significantly, controlling influence over another company’s subsidiary bank. Considering well beyond both the presumption of company. To clarify the application of the investing company’s relationships noncontrol in the BHC Act and the these presumptions, the proposal with the bank holding company alone Board’s experience. provided definitions of ‘‘first company’’ and with the bank alone would exclude and ‘‘second company.’’ important aspects of the combined III. Final Rule—Control-Related The proposal defined ‘‘first company’’ relationship between the investing Definitions as the company whose control over a company, on the one hand, and the second company was the subject of a The proposal proposed to amend bank holding company and the bank, on Regulation Y and Regulation LL to determination of control by the Board. the other hand. update and clarify the definitions of The proposal defined ‘‘second Regarding joint ventures, the Board various control-related terms. This company’’ as the company the control of historically has recognized that section discusses in detail how the final which by a first company was the relationships with joint ventures can be rule addresses each of these definitions. subject of a determination of control by Some commenters indicated that the the Board. For many of the proposed significant for purposes of controlling Board should define additional terms to presumptions, the first company was influence analysis because such provide further clarity regarding the presumed to control the second relationships can represent a significant application of the presumptions of company if the first company, together connection between the joint venture control. For example, a commenter with its subsidiaries, had particular partners. For this reason, the final rule suggested that the Board clarify how the relationships with the second company, does not completely exclude presumptions of control would apply to together with its subsidiaries. relationships with joint ventures. an agreement among shareholders that In addition, the proposal provided Instead, consistent with the proposal, is designed to preserve a company’s tax that, for purposes of the proposed the final rule provides that a company status under the Internal Revenue Code. presumptions, any company that was that is a subsidiary of both the first In addition, a commenter stated that the both a subsidiary of the first company company and the second company is Board should clarify whether a and the second company should be treated as a subsidiary of the first testamentary trust qualified as a treated as a subsidiary of the first company and not of the second ‘‘company’’ under the proposal. company but not as a subsidiary of the company for purposes of applying the The final rule does not introduce new second company. This provision presumptions of control. The Board defined terms compared to the proposal, prevented the second company’s believes that this is a reasonable though certain changes have been made relationships with a joint venture standard for recognizing the potential to the proposed defined terms as subsidiary with the first company from importance of joint ventures without described in detail in this section. being considered relationships with the overstating such importance. Consistent with the proposal, the final first company for purposes of the B. Voting Securities and Nonvoting rule includes defined terms to the extent presumptions of control. Securities appropriate to clarify the application of Some commenters contended that it the rule, while avoiding over- would be more appropriate to consider The BHC Act defines control to prescription that could limit the Board’s only relationships between top-tier include the ownership, control, or ability to respond appropriately to parent companies. Relatedly, a few power to vote 25 percent or more of any unusual facts and circumstances or to commenters stated that first company class of voting securities of a prevent evasion of the framework. and second company should not be company.60 In addition, several of the Specifically with respect to agreements defined to include their subsidiaries. proposed presumptions required to preserve tax status under the Internal With respect to joint ventures, some identifying the percentage of a class of commenters argued that the language of 58 As under the proposal, the filing requirements the proposal was difficult to apply and 59 First company and second company could take applicable to bank holding companies and savings that it would be better not to consider a variety of legal entity forms, including a stock and loan holding companies for investments in 5 corporation, limited liability company, partnership, percent or more of any class of voting securities of any relationships with joint ventures business trust, or foreign equivalents of such legal a company are not impacted as a result of the when reviewing for control between entities. See 12 U.S.C. 1467a(a)(1)(C) and 1841(b). presumption of noncontrol. joint venture partners. 60 12 U.S.C. 1841(a)(2)(A).

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voting securities controlled by a C. Control of Securities investment company investments, company in another company. The proposed rule reflected the merchant banking portfolio company Regulation Y and Regulation LL Board’s current practice for determining investments, or any specific investment previously included definitions of whether a company’s securities are types. The Board’s general regulatory ‘‘voting securities’’ and ‘‘nonvoting framework addresses the permissibility 61 owned, controlled, or held with power shares.’’ The proposal changed the to vote by an investor and provided of these investments, and there are no defined term ‘‘nonvoting shares’’ to rules for determining the percentage of compelling reasons to treat these ‘‘nonvoting securities’’ and added to the a class of a company’s voting securities investments differently than other definition of ‘‘nonvoting securities’’ attributed to a person. investments under the Board’s control equity instruments issued by companies framework. For example, if a financial other than stock corporations, such as Ownership, Control, and Holding With holding company owns 100 percent of limited liability companies and Power To Vote the securities of a merchant banking partnerships. In addition, the proposal The proposal provided rules for portfolio company, the financial holding revised the definition of ‘‘nonvoting determining whether a person company controls the portfolio securities’’ to clarify that common stock ‘‘controls’’ a security.64 Specifically, the company for purposes of the BHC Act can be nonvoting securities.62 proposal provided that a person controls under the first prong of the definition of Regulation Y and Regulation LL also a security if the person owns the control. The financial holding company provide a nonexclusive list of examples security or has the power to sell, is able to have this ownership interest of the types of voting rights that the transfer, pledge, or otherwise dispose of under its merchant banking authority, Board has considered to be within the the security. In addition, a person but must treat the portfolio company as scope of the defensive voting rights that controls a security if the person had the a controlled subsidiary under 63 nonvoting securities may contain. The power to vote the security, other than Regulation Y.67 proposal revised the definition of due to holding a short-term, revocable nonvoting securities to expressly permit Options, Warrants, and Convertible proxy. This proposed definition of Instruments certain additional defensive voting control over securities is consistent with rights that are commonly found in Board precedent and with the language The proposal provided standards for investment funds that are organized as of the BHC Act.65 deeming a person to control a security limited liability companies and limited Some commenters suggested that through control of an option or warrant partnerships. Specifically, the proposal power to dispose of securities in certain to acquire the security or through provided that defensive voting rights circumstances should not provide control of a convertible instrument that that do not cause a security to be a control over the securities, such as may be converted into, or exchanged voting security include the right to vote securities held in a fiduciary capacity or for, the security. Under the proposal’s to remove a general partner or managing as collateral that may be ‘‘look-through’’ approach, a person member for cause, the right to vote to rehypothecated. A few commenters would control all securities that the replace a general partner or managing argued that securities held in a small person could control upon exercise of member that has been removed for business investment company or in a any options or warrants. In addition, a cause or has become incapacitated, and merchant banking portfolio company person would control all securities that the right to vote to dissolve the should not be considered controlled. the person could control as a result of company or to continue operations Commenters also argued that securities the conversion or exchange of a following the removal of a general held in an underwriting, dealing, or convertible instrument controlled by the partner or managing member. Some market making capacity should not be person. This approach was consistent commenters asked that the Board considered controlled for purposes of with the Board’s longstanding precedent provide that certain securities— the presumptions of control. of generally considering a person to including limited partnership interests, The final rule makes minor revisions control any securities (i) that the person REIT investment units, and trust to the proposal’s provisions on control has a contractual right to acquire now or beneficiary rights—are nonvoting over securities. The final rule is in the future; or (ii) that the person securities. consistent with Board precedent and the would automatically acquire upon The final rule is largely consistent statutory framework. However, the occurrence of a future event.68 with the proposal on the definitions of Board does recognize that securities In addition, the proposal provided voting securities and nonvoting held by an underwriter for a very that a person controls the maximum securities. To prevent evasion, the final limited period of time for purposes of number of securities that could be rule does not categorically exclude any conducting a bona fide underwriting obtained under the terms of the option, specific types of securities issued by generally do not raise control concerns. warrant, or convertible instrument. certain legal entities from the definition An underwriter generally would hold Thus, for example, if the number of of voting securities. Although there is the securities only for a few days and securities that could be acquired upon substantial variability in the terms and only for the purpose of prompt resale to exercise of an option varied based on structures of securities in the financial the market.66 some metric, such as the market price or markets, the definitions of voting The Board does not believe that the book value of the securities, the person securities and nonvoting securities in final control rule should make with the option was considered to the final rule have been drafted broadly exceptions for small business control the highest percentage of the to apply effectively to all forms of legal class of securities that could possibly be entities. 64 These proposed standards effectively replaced acquired under the terms of the option. the presumptions for control over voting securities Moreover, for purposes of calculating 61 12 CFR 225.2(q). currently in 12 CFR 225.31(d)(1). In this discussion, a person’s percentage of a class of voting 62 For safety and soundness reasons, the Board ‘‘person’’ has the meaning provided in 12 CFR securities or total equity, the proposal generally believes that voting common 225.2(l) and 12 CFR 238.2(j). stockholders’ equity should be the dominant form 65 See, e.g., 12 U.S.C. 1841(a)(2)–(3) and 1842(a). generally deemed a person to control of equity for a banking organization. See, e.g., 78 66 For example, the Board’s capital rule provides FR 62018, 62044 (Oct. 11, 2013). a 5-day holding period for underwriting securities. 67 12 CFR part 225, subpart J. 63 12 CFR 225.2(q)(2)(i); 12 CFR 238.2(r)(2)(i). 12 CFR 217.2. 68 See, e.g., 2008 Policy Statement.

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the percentage resulting from the options if the investor does not have Control Over Securities Through exercise of the person’s options, control over the exercise of the option. Restrictions on Rights warrants, or conversion features, A few commenters asked the Board to Consistent with current regulations, assuming that no other parties exercised clarify the application of the standards the proposal provided that a person their options, warrants, or conversion from the 2008 Policy Statement under controls securities if the person is a features. However, if, for example, a the proposal. A few commenters party to an agreement or understanding person is only able to exercise an option suggested that the Board clarify that under which the rights of the owner or when all outstanding options in a class nonvoting securities will remain holder of securities are restricted in any are simultaneously exercised by all nonvoting even if they have the right to manner, unless the restriction falls holders, the percentage controlled by elect directors after six quarterly under one of the exceptions specified in the person should reflect the exercise of dividend payments are missed, the rule.69 all the outstanding options in the class, consistent with Board precedent. The proposal provided six exceptions not just those options held by the to this general rule, each designed to The final rule is generally consistent person. accommodate certain common The proposal included several limited with the proposal with respect to these restrictions on securities that do not exceptions to this general look-through provisions. However, the final rule provide the type of control over approach. Consistent with the 2008 includes an additional exception to the securities relevant to this rulemaking. Policy Statement, the proposal look-through approach that preferred The first exception was for rights of first incorporated a limited exception for securities that have no voting rights refusal, rights of last refusal, tag-along financial instruments that may convert unless the issuer fails to pay dividends rights, drag-along rights, or similar into voting securities but by their terms for six or more quarters are only rights that are on market terms and that may not become voting securities in the considered to be voting securities if a do not impose significant restrictions on hands of the current holder or any sufficient number of dividends are the transfer of the securities. Second, affiliate of the current holder and may missed and the voting rights are active. the proposal provided an exception for only convert to voting securities upon As noted by commenters, this additional arrangements that restrict the rights of transfer to (i) the issuer or an affiliate of narrow exception to the look-through an owner or holder of securities when the transferor, (ii) in a widespread approach is consistent with Board the restrictions are incidental to a bona public distribution, (iii) in transfers precedent and helps to address a fairly fide loan transaction. Third, the where no transferee or group of common feature of preferred securities. proposal provided that an arrangement associated transferees would receive 2 Securities with springing voting rights that restricts the ability of a shareholder percent or more of any class of voting that do not fit into this exception to transfer securities pending the securities of the issuer, or (iv) to a generally will be considered to be voting consummation of an acquisition of the transferee that controls 50 percent or securities does not provide the more of every class of voting securities securities under the look-through approach. restricting party control over the before the transfer. securities of the restricted party. Fourth, The proposal also exempted from the The final rule does not include any of the proposal generally provided that an general look-through approach a the other limitations on the look- arrangement that requires a current purchase agreement to acquire securities through approach supported by shareholder of a company to vote in that had not yet closed. This exemption commenters. The look-through favor of a proposed acquisition of the allowed parties to enter into securities approach appropriately recognizes that company would not result in the purchase agreements pending regulatory options, warrants, and convertible proposed acquirer controlling the approval, due diligence, and satisfaction instruments provide the holder of such securities of the current shareholder. of other conditions to closing. instruments with the ability to control In addition, the proposal exempted Fifth, the proposal exempted the underlying securities by exercising arrangements among the shareholders of from the general look-through approach the option, warrant, or convertible any options, warrants, or convertible a company designed to preserve the tax instrument, or transferring the option, status or tax benefits of a company, such instruments that permitted an investor warrant, or convertible instrument. In to acquire additional voting securities as qualifying as a Subchapter S addition, many of the suggested 70 only to maintain the investor’s Corporation or to preserve tax assets limitations on the look-through percentage of voting securities in the (such as net operating losses) against approach are not practicable. For 71 event the issuing company increased the impairment. Sixth, the proposal number of its outstanding voting example, looking through in-the-money provided that a short-term revocable securities. options while not looking through out- proxy would not provide the holder of Many commenters suggested that the of-the-money options could result in the proxy with control over the Board should apply the look-through unpredictable moves from non-control securities governed by the proxy.72 approach only to narrow classes of to control of a bank without the ability options, warrants, and convertible of the investor to apply or receive prior 69 This standard could result in multiple persons approval under section 3 of the BHC being considered to have control over the same instruments, or that the Board should securities. This remains possible under the final not look through options, warrants, or Act. Moreover, excluding from the look- rule. convertible instruments at all. Some through approach options, warrants, 70 See 26 U.S.C. 1361. commenters suggested that the Board and convertible instruments with 71 See 26 U.S.C. 382. In order to qualify for this only look through options or convertible remote contingency triggers would exemption, the arrangement was required to not require the Board to adopt an impose restrictions on securities beyond those instruments if they could be freely reasonably necessary to achieve the goal of exercised within 60 days, are in the impracticable measure of remoteness. preserving tax status, tax benefits, or tax assets. money, or are not subject to a remote The Board notes that the final rule’s Agreements of this type may raise significant safety contingency trigger or condition outside exception to the look-through approach and soundness concerns under certain circumstances, independent of whether control of the holder’s control. Some based on transfer restrictions has been concerns are raised. commenters argued that the look- slightly revised to conform more 72 The proposed treatment of short-term revocable through approach should not apply to precisely to the 2008 Policy Statement. proxies was consistent with the Board’s current

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The Board received very few company and a majority of each class of Commenters argued that the Board comments on this framework and is voting securities of the other company should not include two voting adopting the framework as proposed. are controlled by the first company’s ownership tests and should only senior management officials, directors, calculate voting ownership based on Control of Securities Through and controlling shareholders, as well as voting power not on number of voting Associated Individuals and Subsidiaries immediate family members of such securities owned. The proposal provided that a individuals. The final rule is generally consistent company that owns, controls, or holds The final rule does not include the with the proposal. Considering both with power to vote 5 percent or more of express statement from the proposal that voting power and number of voting any class of voting securities of a second a company does not control securities securities is consistent with the text of company controls any securities issued that are controlled by a non-subsidiary the BHC Act, the legislative history, and by the second company that are owned, of the company. Although the Board Board precedents. This method of controlled, or held with power to vote continues to believe that a company calculation also prevents evasion by the senior management officials, generally should not be deemed to through the use of securities with directors, or controlling shareholders of control securities held by a non- different voting power. the first company, or by the immediate subsidiary of the company, the Board D. Calculation of Total Equity family members of such individuals.73 has removed this provision from the Percentage In addition, the proposal provided that final rule so as not to create an a person controls all voting securities expectation that a company would The proposal provided a methodology controlled by any subsidiaries of the never be deemed to control securities for calculating a company’s total equity person, and that a person generally does held by a non-subsidiary. For example, percentage in a second company that not control any voting securities a company generally would be deemed was a stock corporation that prepared controlled by any non-subsidiary of the to control securities held by a non- financial statements according to GAAP. person. subsidiary if the company had an option The first step to calculate a company’s At least one commenter argued that to acquire those securities. total equity in a second company was to determine the percentage of each class the Board should not consider securities Reservation of Authority held in separate accounts by an of voting and nonvoting common or insurance company to be controlled by The proposal included a reservation preferred stock issued by the second the insurance company, or that the of authority to allow the Board to company that the first company Board should clarify how separate determine that securities that would controlled.74 The second step was to accounts may be structured so that otherwise be considered controlled by a multiply the percentage of each class of securities in such accounts are not person under the proposal are not stock controlled by the first company by treated as controlled by the insurance controlled by the person. Similarly, the the value of shareholders’ equity company. One commenter requested proposed reservation of authority allocated to the class of stock under clarification regarding the attribution of allowed the Board to determine that GAAP, with retained earnings allocated voting securities held in a voting trust. securities that are not considered to common stock. The third and final The final rule defines control over controlled by a person under the step was to divide the first company’s securities through associated proposal are controlled by the person. dollars of shareholders’ equity by the individuals and subsidiaries in a The Board received no comments total shareholders’ equity of the second manner substantially consistent with specifically on this reservation of company, as determined under GAAP. the proposal. The final rule has been authority provision and the final rule The proposal also provided revised, however, to integrate the includes the reservation of authority adjustments to this general standard for standards for control over voting consistent with the proposal. The more complex structures. For example, securities through associated reservation of authority is meant to a first company was considered to individuals with the proposed 5–25 allow the Board to deal with rare control all equity securities controlled presumption. Specifically, the proposed circumstances that do not align with the by its subsidiaries. The proposal also 5–25 presumption substantially intent of the rule. provided that a first company controls overlapped with the provision Percentage of a Class of Voting a pro rata share of equity securities providing that a company should be Securities controlled by a non-subsidiary of the first company. attributed the securities of its senior The proposal provided a rule for management officials, directors, and Under the proposal, the total equity calculating the percentage of a class of calculation methodology applied by its controlling shareholders, as well as voting securities controlled by a person. immediate family members of such terms only to stock corporations that The proposed rule considered both the prepare financials under GAAP. individuals. As a result, as discussed number of securities and the voting above, the proposed 5–25 presumption However, the proposed rule indicated power of those securities. Specifically, that the Board generally would apply is not necessary and is not included in the percentage of a class of voting the final rule. However, the Board is the methodology in other circumstances securities controlled by a person was as well, to the extent appropriate. revising the provisions related to control the greater of (i) the number of voting over voting securities through The proposal also included several securities of the class controlled by the anti-evasion provisions. Specifically, associated individuals to incorporate person divided by the number of issued the exception to the proposed 5–25 where a company controlled debt of a and outstanding voting securities of the second company that was functionally presumption when the company class (expressed as a percentage) and (ii) controls less than 15 percent of each the number of votes that the person 74 class of voting securities of the other For this purpose, all classes of common stock— could cast divided by the total number whether voting or nonvoting—were treated as a of votes that may be cast under the single class. If certain classes of common stock had regulations regarding notices under the Change in different economic interests per share in the issuing Bank Control Act. See 12 CFR 225.41(d)(4); 12 CFR terms of all the voting securities of the company, the number of shares of common stock 225.42(a)(5). class that are issued and outstanding was adjusted to equalize the economic interest per 73 See 12 CFR 225.31(d)(2)(ii). (expressed as a percentage). share.

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equivalent to equity of the second appropriate circumstances and thus rarely. Companies should consult with company, the debt was counted as excluded from total equity. the Board or its staff in order to equity for purposes of the total equity Various commenters urged the Board determine whether equity instruments calculation. The proposal provided a to eliminate or restrict the scope of the would be excluded from total equity. nonexclusive list of factors that the provisions of the total equity The final rule does not include the Board would examine in deciding methodology that required a company to proposed provision that required a whether to treat debt instruments as include a pro rata share of equity company to include a pro rata share of functionally equivalent to equity. These securities held by a non-subsidiary. equity securities held by a non- factors included treatment of the debt as One commenter suggested that the subsidiary Accordingly, a company equity under accounting, regulatory, or Board revise the frequency of must include in the total equity tax standards; subordination of the debt; recalculation of total equity to require calculation only equity securities it or long maturity of the debt. Similarly, recalculation only if a company acquires controls directly or indirectly through the proposal provided that other control over additional voting equity, or its subsidiaries. interests in a company beyond debt that only if a company controls five percent Also in response to concerns raised by were functionally equivalent to equity or more of a class of voting securities. commenters, the final rule requires may be treated as equity. Some commenters recommended that calculation of total equity only when a In addition to a methodology for the final rule require recalculation of first company acquires control over calculating total equity, the proposal total equity only when a company additional equity of a second company. provided a standard for the frequency of acquires equity, never in the case of The first company is not required to measurement of total equity. Under the divestiture of equity. recalculate its total equity when it sells The final rule’s methodology for proposal, an investing company was or otherwise disposes of equity of the determining a company’s total equity required to calculate its total equity in second company. This change will percentage in another company is a second company each time the prevent a divestiture from causing an largely consistent with the proposal. investing company acquired control increase in total equity due to balance The Board believes that the GAAP-based over additional equity interests of the sheet changes at the second company. core methodology of the final rule is second company or divested control of effective, fit for purpose, well- E. Limiting Contractual Rights equity interests of the second company. understood, and easy to apply. The final Under the proposal, a company was Many commenters criticized the rule includes a technical correction to presumed to control a second company proposed total equity calculation the formula for total equity so that pari if the first company had a contractual methodology. In particular, commenters passu classes of preferred stock (i.e., right that significantly restricts, or argued that it would lead to a first classes of preferred securities of the allows the first company to significantly company being presumed to control a same seniority in liquidation) are restrict, the discretion of the second second company where the second treated as a single class. company over major operational or company had negative retained earnings The final rule includes without policy decisions.76 Such contractual and the first company controlled change the provision whereby debt or provisions was defined as a limiting preferred securities of the second other interests may be treated as equity contractual right. company that included a liquidation if the interests are functionally The proposal provided examples of preference. Several commenters equivalent to equity. The Board expects provisions that generally were recommended that retained earnings to reclassify debt as equity under the considered limiting contractual rights from start-up companies be excluded rule only under unusual circumstances and examples of provisions that from the total equity calculation to to prevent evasion of the rule. The list generally were not considered limiting avoid this problem. Some commenters of debt features that support a contractual rights. The examples alternatively recommended that the reclassification as equity should not be included in the proposal were not final rule include an exception for start- understood to indicate that a debt intended to be a complete list of up companies where the total equity instrument having any one of such provisions that would or would not be presumption would not apply for the features automatically would be treated considered limiting contractual rights. first several years of a company’s as equity. Rather, the provisions were meant as existence. In response to concerns raised by non-exclusive examples to provide Certain commenters suggested that commenters, the final rule provides transparency. The examples of limiting the Board calculate total equity using a flexibility for excluding nominally contractual rights listed in the proposal common stock equivalent method as an equity instruments from total equity if were: alternative to the proposed the equity instruments are determined • Restrictions on activities in which a methodology. Some commenters argued to be functionally equivalent to debt. company may engage, including a that the Board should establish more The final rule also includes a non- prohibition on (i) entering into new flexible rules for investments by and in exclusive list of characteristics that lines of business, (ii) making substantial investment funds. could indicate that an equity instrument changes to or discontinuing existing Many commenters recommended that may be functionally equivalent to debt, lines of business, (iii) entering into a the Board not include debt instruments such as protections generally provided contractual arrangement with a third or other interests in the total equity to creditors, a limited term, a fixed rate party that imposes significant financial calculation under the proposal’s of return or a variable rate of return obligations on the company, or (iv) functional equivalence standard. linked to a reference interest rate, materially altering the policies or Commenters argued that the standard classification as debt for tax purposes, procedures of the company; was vague and could inhibit the use of or classification as debt for accounting certain common types of debt and other purposes.75 This provision is intended 76 For purposes of this restriction, a contractual economic interests. At least one to provide flexibility for unusual arrangement between the first company and a subsidiary of the second company, or between a commenter suggested that the Board structures and is expected to be used subsidiary of the first company and the second also provide that equity may be treated company, could constitute a limiting contractual as functionally equivalent to debt under 75 See, e.g., ASC 480–10. right of the first company over the second company.

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• Requirements that a company direct • A requirement that a company by another company, independent of the the proceeds of the investment to effect maintain its corporate existence; first company’s exercise of its voting any action, including to redeem the • A requirement that a company rights as a shareholder in the second company’s outstanding voting consult with the investor on a company. Using such contractual rights, securities; reasonable periodic basis; a company that has relatively low voting • Restrictions on hiring, firing, or • A requirement that a company power may effectively control another compensating senior management comply with applicable statutory and company’s decisions over important officials of a company, or restrictions on regulatory requirements; actions, or at least have influence over • significantly modifying a company’s A requirement that a company such decisions well beyond what the policies concerning the salary, provide the investor with notice of the first company’s voting power would compensation, employment, or benefits occurrence of material events affecting provide.77 the company or its significant assets; plan for employees of the company; • The variety of forms that limiting • Restrictions on a company’s ability A market standard ‘‘most-favored contractual rights may take makes the to merge or consolidate, or its ability to nation’’ requirement that the investor functional definition included in the acquire, sell, lease, transfer, spin-off, receive similar contractual rights as final rule preferable to a prescriptive recapitalize, liquidate, dissolve, or those held by other investors in a definition. The final rule, consistent dispose of subsidiaries or major assets; company; or with the proposal, includes lists of • Drag-along rights, tag-along rights, • Restrictions on a company’s ability contractual rights that generally would rights of first or last refusal, or stock to make significant investments or or would not be considered limiting transfer restrictions related to expenditures; contractual rights in order to provide preservation of tax benefits of a • Requirements that a company additional clarity around the specific company, such as S-corporation status achieve or maintain certain fundamental application of the definition. The lists of and tax carry forwards, or other similar financial targets, such as a debt-to- contractual rights reflect a distillation of rights. equity ratio, a net worth requirement, a the Board’s past practice and current liquidity target, or a working capital Commenters suggested that the scope of the definition of limiting contractual understanding of the types of requirement; contractual restrictions that likely • Requirements that a company not rights might be inconsistent with past precedent. Many commenters argued would or would not raise controlling exceed a specified percentage of influence concerns. The lists of classified assets or non-performing that the list of limiting contractual rights was overly broad and encompassed contractual rights have not been loans; changed from the proposal, though the • Restrictions on a company’s ability many standard investor protection rights. In addition, many commenters introductory text of each list has been to pay or not pay dividends, change its revised to make it clear that the listed dividend payment rate on any class of argued that the open-ended definition of limiting contractual right to include any provisions are examples of what securities, redeem senior instruments, generally would or would not be or make voluntary prepayment of right that restricts or allows one company to exert significant influence considered a limiting contractual right. indebtedness; Whether or not a particular contractual • Restrictions on a company’s ability over another was overly vague. In addition, commenters objected to right is a limiting contractual right to authorize or issue additional junior depends on whether the contractual equity or debt securities, or amend the including within the scope of limiting contractual rights various of the right meets the functional regulatory terms of any equity or debt securities definition of a limiting contractual right. issued by the company; examples provided, including limits on: • The second company’s ability to enter Commenters argued that a restriction Restrictions on a company’s ability on new lines of business should not be to engage in a public offering or to list into new lines of business; how the second company directs the proceeds of considered a limiting contractual right or de-list securities on an exchange; because such a restriction would help a • Restrictions on a company’s ability investments; the second company’s ability to incur additional debt or raise bank holding company comply with the to amend its articles of incorporation or activity limitations in the BHC Act. by-laws, other than limited restrictions additional equity; requirements that the second company maintain a particular Similarly, commenters argued that that are solely defensive for the investor; covenants to comply with the activities • Restrictions on the removal or financial ratio; the second company’s restrictions under the BHC Act or HOLA selection of any independent ability to amend the terms of its debt or should not be treated as limiting accountant, auditor, or investment equity securities; the second company’s contractual rights. Under the final rule, banker; or ability to engage in a public offering, or • Restrictions on a company’s ability to list or de-list securities on an a contractual prohibition on engaging in to alter significantly accounting exchange; the second company’s ability particular activities is generally a methods and policies, or its regulatory, to merge or consolidate with another limiting contractual right. However, the tax, or corporate status, such as company; the second company’s ability Board notes that a contractual provision converting from a stock corporation to a to dispose of material subsidiaries or that provides a reasonable and non- limited liability company. assets; and the second company’s ability punitive mechanism for an investing The proposal’s examples of to alter its accounting methods or company to reduce its investment to contractual provisions that generally policies or its regulatory, tax, or liability comply with the activities restrictions of would not be limiting contractual rights status. the BHC Act or HOLA generally would were: The final rule’s definition of a not be a limiting contractual right. • A restriction on a company’s ability limiting contractual right is generally One commenter asked the Board to to issue securities senior to the consistent with the proposal. Limiting clarify whether a contractual right securities owned by the investor; contractual rights are important indicia restricting ‘‘materially altering policies • A requirement that a company of controlling influence. In particular, 77 limiting contractual rights provide a Such limiting contractual rights also may raise provide the investor with financial safety and soundness concerns by restricting the reports of the type ordinarily available means for a company to cause or ability of a company to take appropriate actions to to common stockholders; prevent otherwise permissible actions address supervisory issues.

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or procedures’’ would qualify as a multiple lenders, and the first company to a company if the company merely limiting contractual right. A restriction has less than 15 percent voting power in suggested the name of the director to a of this type generally would be the second company. The final rule does nominating committee. Some considered a limiting contractual right. not include any revisions in response to commenters also expressed concern It is similar to the example of a limiting these comments. In the Board’s view, a about the ambiguity of treating ‘‘agents’’ contractual right provided in the final contractual provision that significantly of a company as director representatives rule related to amendments to the restricts a company’s discretion over and requested that the Board define the articles or bylaws of a company. operational and policy decisions ought term agent in this context. Commenters suggested that the right to be treated as a limiting contractual Several commenters argued that the to information available to shareholders right in the final rule. Whether or not definition of director representative should be expanded to include access to the limiting contractual right is should include only former directors of information that is necessary or embedded in a market-standard loan the first company and should not appropriate to allow the first company agreement does not affect the influence include former employees. Similarly, to monitor its investment and to the limiting contractual right provides some commenters suggested that a monitor regulatory, legal, or other the holder of the right. The Board company should only be attributed a requirements or standards, including generally has controlling influence former officer, director, or employee if the presumptions of control in the final concerns when a company, directly or the individual became a director of the rule. In the Board’s view, an investor’s indirectly, both controls a material second company while still an officer, right to access information regarding the amount of voting securities of another director, or employee of the first relationship between the investor and company and has the ability to company. the investee company, such as the significantly restrict the discretion of Some commenters argued that the information necessary to determine the the other company over operational or inclusion of immediate family members application of the presumptions of policy decisions by contract. of directors, employees, and agents of control, generally would not be the first company was too broad and considered a limiting contractual right. F. Director Representatives would create compliance difficulties, In addition, the final rule has been As discussed, the Board has long especially with respect to employees of revised to clarify that a contractual right taken the position that director large companies. These commenters to information ordinarily available to representatives of a company serving on argued that the immediate family common shareholders, whether or not the board of directors of a second member prong ought to be removed the information is financial in nature, is company are an avenue through which from the definition of director generally not a limiting contractual the first company may exercise a representative. right. controlling influence over the second In response to the comments received, Commenters also argued that the company. To provide more clarity on the Board is substantially amending the presumption of control based on when the Board deems an individual to definition of a director representative to limiting contractual rights should be be a director representative of a be more functional and more narrow. revised so that the presumption does company, the proposal defined director Specifically, under the final rule, not apply if the first company cannot representative to be any director who (i) ‘‘director representative’’ is defined as exercise the right unilaterally or if the is a current director, employee, or agent an individual that represents the first company is not the largest single of the company; (ii) was a director, interests of a first company through decider of the exercise of the right. One employee, or agent of the company service on the board of directors of a commenter sought clarification as to within the preceding two years; or (iii) second company. The final rule then whether, and in what circumstances, is an immediate family member of an provides a non-exclusive list of voting rights exercised by a group of individual who is a current director, examples of persons who generally investors (such as a voting right that can employee, or agent of the company, or would be considered to be director only be exercised by certain preferred was a director, employee, or agent of the representatives for purposes of the final shareholders) would be treated as a company within the preceding two rule: (i) Individuals who are officers, limiting contractual right. To avoid years. In addition, the proposal employees, or directors of the first undue complexity, the final rule does provided that a director is a director company, (ii) individuals who were not specifically address contractual representative of a first company if the officers, employees, or directors of the provisions that incorporate elements of director was proposed to serve as a first company within the preceding two voting by requiring agreement of a director by the first company, whether years, and (iii) individuals who were certain percentage of certain parties. by exercise of a contractual right or nominated or proposed by the first Companies with questions on a otherwise. The proposal also specified company to be directors of the second particular limiting contractual right may that a nonvoting observer is not a company. Companies may contact the contact the Board or its staff to address director representative. Board or its staff for guidance in the specific situation. Some commenters suggested that the determining whether or not a particular In addition, commenters expressed definition of a director representative individual would be considered to be a concern that the proposal would treat was too broad and could include director representative for purposes of standard loan or bond covenants as directors over which the first company the final rule. limiting contractual rights. Commenters did not have substantial influence. In argued that treating loan covenants as particular, some commenters contended G. Investment Advisers limiting contractual rights would make that director representatives should not The proposal defined investment it impossible for a bank to make a loan include individuals elected to the board adviser for purposes of the proposed to another company if its affiliate had of directors of a mutual fund by a first presumptions to mean a company that also made an equity investment in that company if the director representatives is registered as an investment adviser company. Some commenters argued that are independent of the first company. with the SEC under the Investment standard loan covenants should not A few commenters expressed concern Advisers Act,78 a company registered trigger a presumption of control when that the proposed definition might mean they are on market terms, there are that the Board would attribute a director 78 15 U.S.C. 80b–1 et seq.

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with the Commodity Futures Trading definition of control applies to both Regulation LL. The proposed provisions Commission (‘‘CFTC’’) as a commodity individuals and companies controlling relating to the calculation of the trading adviser under the Commodity other companies, while control is percentage of a class of securities Exchange Act,79 a company that is a limited to companies controlling other controlled by a person were located in foreign equivalent of an investment companies under the BHC Act.82 Under § 238.9 of Regulation LL. The proposed adviser or commodity trading adviser HOLA, a person controls a company if provisions related to control registered with the SEC or CFTC, the person has more than 25 percent of proceedings, including the proposed respectively, or a company that engages any class of voting securities of the presumptions of control and noncontrol, in any of the activities set forth in company, rather than 25 percent or were located in subpart C of Regulation section 225.28(b)(6)(i) through (iv) of the more of any class of voting securities LL. Board’s Regulation Y. under the BHC Act.83 Unlike the BHC The Board did not receive comments Act, HOLA specifies that a general The Board did not receive any specifically on the definition of partner of a partnership controls the comments specifically on how the rule investment adviser, although the Board partnership, a trustee of a trust controls amended Regulation LL, other than the did receive comments on the the trust, and a person that has contributed capital issue described presumption of control based on contributed more than 25 percent of the previously. Accordingly, other than the investment advisory relationships. The capital of a company controls the provisions related to total equity and the comments on the presumption of company.84 Further, HOLA does not placement of proposed § 238.10 in control based on investment advisory include the BHC Act’s presumption of § 238.9 instead, the final rule creates an relationships are discussed earlier in noncontrol for a company with a less essentially consistent control framework this preamble. The final rule adopts the than 5 percent voting interest in another between Regulation Y and Regulation definition of investment adviser as company.85 LL. proposed. At least one commenter stated that the Board should confirm past decisions of V. Additional Implementation Matters IV. Application to Savings and Loan the Office of Thrift Supervision Use of Passivity Commitments Holding Companies indicating that contributed capital for As noted, the proposal applied purposes of HOLA was the same as total Some commenters suggested that the equally to bank holding companies and equity, or that the Board should Board abandon its use of passivity savings and loan holding companies to otherwise clarify its interpretation of commitments and clarify that such the maximum extent permitted by law. contributed capital for purposes of commitments are not needed going HOLA defines control in a substantially HOLA. One commenter suggested that forward. Other commenters requested 80 similar manner as the BHC Act. The the Board should seek additional public that the Board clarify whether it intends Board previously recognized that the comment on its interpretation of to continue to seek either the general statutory control framework under the contributed capital. passivity commitments or any of the BHC Act and HOLA are nearly identical In response to comments received on specialized types of similar and determined to apply matching the proposal, the final rule has been commitments. A few commenters also procedures for reviewing controlling revised to reflect that contributed influence cases involving savings and capital for purposes of HOLA generally requested that the Board provide a loan holding companies under has the same meaning as total equity as process under which companies that Regulation LL as apply to bank holding used by the Board in the context of have provided passivity commitments companies under Regulation Y.81 control under the BHC Act. As a result, may obtain relief from the commitments Consistent with this principle, the the final rule differs from the proposal to align to the control framework. Some proposal incorporated the proposed in several respects. Specifically, the commenters suggested that investors control presumptions and related final rule omits the concept of total that had previously submitted passivity revisions into the Board’s Regulation LL equity from subpart C of Regulation LL commitments to the Board should be for savings and loan holding companies because subpart C relates to questions of allowed to increase their relationships in essentially the same manner as into controlling influence and contributed with the target company without the Board’s Regulation Y for bank capital is a separate part of the statutory seeking relief from commitments so long holding companies. The Board is also definition of control under HOLA. The as the increased relationships would not amending portions of subpart A of rules for calculating total equity under trigger a presumption of control under Regulation LL to incorporate current subpart D of Regulation Y reflect how the final rule. the Board generally expects to measure § 238.9 into § 238.8. This does not any The Board does not intend to obtain change requirements under these contributed capital for purposes of the standard-form passivity sections, but is merely a technical edit HOLA and Regulation LL. commitments going forward in the to make room for the new section B. Revisions to Regulation LL ordinary course. The Board will § 238.9 adopted by this final rule. Under the proposal, the Board continue to obtain control-related A. Control Under HOLA Compared to included in Regulation LL the same commitments in specific contexts, such the BHC Act presumptions and related amendments as commitments from employee stock Although controlling influence is made to Regulation Y, with limited ownership plans and mutual fund defined similarly under HOLA and the changes to reflect the relevant complexes, and in special situations. BHC Act, there are several differences differences between control under the In the wake of the final rule, between the definitions of ‘‘control’’ in BHC Act and HOLA. The proposed companies that have provided the each statute. Under HOLA, the defined terms were located in § 238.2 of standard form of passivity commitments to the Board may contact the Board or 79 82 12 U.S.C. 1467a(a)(2). 7 U.S.C. 1 et seq. the appropriate Federal Reserve Bank to 80 Compare 12 U.S.C. 1467a(a)(2) (HOLA) with 12 83 12 U.S.C. 1467a(2)(A)–(B) and 1841(a)(2)(A). U.S.C. 1841(a)(2) (BHC Act). 84 12 U.S.C. 1467a(2)(B)–(C). seek relief from these commitments. 81 76 FR 56508, 56509 (Sept. 13, 2011). 85 12 U.S.C. 1841(a)(3). Absent unusual circumstances, the

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Board expects to be receptive to such 603(a) of the Regulatory Flexibility Act with relationships with depository requests for relief.86 (RFA), 5 U.S.C. 601 et seq. (RFA). In the institutions and depository institution IRFA, the Board requested comment on Application of the Final Rule holding companies. However, the final the effect of the proposed rule on small rule generally will not impact banking Several commenters suggested that entities and on any significant organizations in the ordinary course; the Board’s new control framework alternatives that would reduce the there are no regular compliance, should only apply prospectively. regulatory burden on small entities. The recordkeeping, or reporting Similarly, some commenters suggested Board did not receive any comments on requirements associated with the final that the Board grandfather all existing the IRFA. The RFA requires an agency rule. Rather, the impact of the final rule investments or more narrowly to prepare a final regulatory flexibility grandfather existing investments that will generally be in the context of analysis unless the agency certifies that certain types of significant transactions had been reviewed by the Board or its the rule will not, if promulgated, have staff. Some commenters advocated for a that companies may decide to engage in. a significant economic impact on a In addition, any material impact would three-year phase-in period for foreign substantial number of small entities. be concentrated in companies engaged banking organizations so that these Based on its analysis, and for the in the particular types of investments firms could make adjustments to their reasons stated below, the Board certifies where controlling influence is a concern business practices to account for the that the rule will not have a significant final rule. economic impact on a substantial for the parties involved, which is a The final rule provides additional number of small entities.87 narrow subset of all transactions information regarding the Board’s views Under regulations issued by the Small banking organizations may be party to. on questions of controlling influence, Business Administration, a small entity For the reasons discussed above, the but it is generally consistent with the includes a bank, bank holding company, Board anticipates that any economic Board’s current practice. As it is not a or savings and loan holding company impact of the final rule, including on fundamental change to current practice, with assets of $600 million or less and small banking organizations, will be a the final rule does not grandfather trust companies with total assets of reduction of burden associated with existing structures and does not provide $41.5 million or less (small banking structuring transactions to address a transition period to allow firms to organization).88 As of June 30, 2019, control issues. Therefore, the Board conform existing investments. The there were approximately 2,976 small does not expect the rule to have a Board does not expect to revisit bank holding companies, 133 small significant economic impact on a structures that have already been savings and loan holding companies, substantial number of small entities. reviewed by the Federal Reserve System and 537 small SMBs. The final rule may C. Plain Language unless such structures are materially also have implications for additional altered from the facts and circumstances entities that have material relationships of the original review. To the extent that Section 722 of the Gramm-Leach- with banking organizations; however, Bliley Act 89 requires the Federal a company previously considered an the scope of potentially affected entities existing relationship between two banking agencies to use plain language and thus the extent to which affected in all proposed and final rules companies to not constitute control, the entities are small entities under the relationship was not reviewed by the published after January 1, 2000. The regulations of the Small Business Board have sought to present the final Federal Reserve System, and the Administration, is not known. relationship would be presumed to be a rule in a simple and straightforward As discussed in the SUPPLEMENTARY controlling relationship under the final manner, did not receive any comments INFORMATION section, the final rule on the use of plain language. rule, the company may contact the establishes a more detailed framework Board or its staff to discuss potential for the Board to determine whether a List of Subjects actions. company has control over another VI. Administrative Law Matters company for purposes of the BHC Act 12 CFR Part 225 and HOLA. The final rule consists of a A. Paperwork Reduction Act Administrative practice and series of rebuttable presumptions of procedure, Banks, Banking, Capital In accordance with the requirements control, a rebuttable presumption of of the Paperwork Reduction Act of 1995 planning, Holding companies, Reporting noncontrol, and various ancillary items and recordkeeping requirements, (44 U.S.C. 3501–3521) (PRA), the Board such as definitions of terms used in the Securities, Stress testing. may not conduct or sponsor, and a presumptions. The presumptions of respondent is not required to respond control generally would be consistent 12 CFR Part 238 to, an information collection unless it with the Board’s current practice with displays a currently valid Office of respect to controlling influence, with Administrative practice and Management and Budget (OMB) control certain targeted adjustments. procedure, Banks, Banking, Federal number. The Board reviewed the final A main impact of the final rule will Reserve System, Holding companies, rule and determined that it does not be to enhance transparency to the public Reporting and recordkeeping create any new or revise any existing on the Board’s views on controlling requirements, Holding companies, collection of information under section influence. The final rule most directly Securities. 3504(h) of title 44. affects bank holding companies and Authority and Issuance B. Regulatory Flexibility Act savings and loan holding companies, though it also could impact state For the reasons stated in the An initial regulatory flexibility member banks and other companies analysis (IRFA) was included in the preamble, the Board of Governors of the Federal Reserve System amends 12 CFR proposal in accordance with section 87 5 U.S.C. 605(b). chapter II as follows: 88 See 13 CFR 121.201. Effective August 19, 2019, 86 Companies that have provided commitments in the SBA revised the size standards for banking connection with TARP securities may also seek organizations to $600 million in assets from $550 89 Public Law 106–102, section 722, 113 Stat. relief. million in assets. 84 FR 34261 (July 18, 2019). 1338, 1471 (1999).

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PART 225—BANK HOLDING financing device and do not otherwise securities controlled under paragraph COMPANIES AND CHANGE IN BANK provide the holder with control over the (a)(1) of this section is the maximum CONTROL (REGULATION Y) issuing company; and number of securities that the financial (iii) The securities do not entitle the instrument could be converted into, be ■ 1. The authority citation for part 225 holder, by statute, charter, or in any exercised for, be exchanged for, or continues to read as follows: manner, to select or to vote for the otherwise become under the formula, Authority: 12 U.S.C. 1817(j)(13), 1818, selection of directors, trustees, or rate, or other variable metric. 1828(o), 1831i, 1831p–1, 1843(c)(8), 1844(b), partners (or persons exercising similar (3) Notwithstanding paragraph (a)(1) 1972(1), 3106, 3108, 3310, 3331–3351, 3906, functions) of the issuing company; of this section, a person does not control 3907, and 3909; 15 U.S.C. 1681s, 1681w, except that limited partnership interests voting securities due to controlling a 6801 and 6805. or membership interests in limited financial instrument if the financial liability companies are not voting instrument: Subpart A—General Provisions securities due to voting rights that are (i) By its terms is not convertible into, ■ 2. In § 225.2: limited solely to voting for the removal is not exercisable for, is not ■ a. Remove the words ‘‘bank or other of a general partner or managing exchangeable for, and may not company’’ and add in their place member (or persons exercising similar otherwise become voting securities in ‘‘company’’ wherever they occur in functions at the company) for cause, to the hands of the person or an affiliate of paragraphs (e) introductory text and replace a general partner or managing the person; and (e)(1); member (or persons exercising similar (ii) By its terms is only convertible ■ b. Revise paragraphs (e)(2) and (q)(2); functions at the company) due to into, exercisable for, exchangeable for, and incapacitation or following the removal or may otherwise become voting ■ c. Add paragraph (u). of such person, or to continue or securities in the hands of a transferee The revisions and addition read as dissolve the company after removal of after a transfer: follows: the general partner or managing member (A) In a widespread public (or persons exercising similar functions distribution; § 225.2 Definitions. at the company). (B) To the issuing company; (C) In transfers in which no transferee * * * * * * * * * * (e) * * * (or group of associated transferees) (2) A company is deemed to control (u) Voting percentage. For purposes of would receive 2 percent or more of the voting securities or assets owned, this part, the percentage of a class of a outstanding securities of any class of controlled, or held, directly or company’s voting securities controlled voting securities of the issuing indirectly: by a person is the greater of: company; or (i) By the company, or by any (1) The quotient, expressed as a (D) To a transferee that would control subsidiary of the company; percentage, of the number of shares of more than 50 percent of every class of (ii) That the company has power to the class of voting securities controlled voting securities of the issuing company vote or to dispose of; by the person, divided by the number of without any transfer from the person. (iii) In a fiduciary capacity for the shares of the class of voting securities (4) Notwithstanding paragraph (a)(1) benefit of the company or any of its that are issued and outstanding, both as of this section, a person that has agreed subsidiaries; adjusted by § 225.9 of this part; and to acquire securities or other financial (iv) In a fiduciary capacity (including (2) The quotient, expressed as a instruments pursuant to a securities by pension and profit-sharing trusts) for percentage, of the number of votes that purchase agreement does not control the benefit of the shareholders, may be cast by the person on the voting such securities or financial instruments members, or employees (or individuals securities controlled by the person, until the person acquires the securities serving in similar capacities) of the divided by the total votes that are or financial instruments. company or any of its subsidiaries; or legally entitled to be cast by the issued (5) Notwithstanding paragraph (a)(1) (v) According to the standards under and outstanding shares of the class of of this section, a right that provides a § 225.9 of this part. voting securities, both as adjusted by person the ability to acquire securities * * * * * § 225.9 of this part. in future issuances or to convert (q) * * * ■ 3. Section 225.9 is added to read as nonvoting securities into voting (2) Nonvoting securities. Common follows: securities does not cause the person to shares, preferred shares, limited control the securities that could be partnership interests, limited liability § 225.9 Control over securities. acquired under the right, so long as the company interests, or similar interests (a) Contingent rights, convertible right does not allow the person to are not voting securities if: securities, options, and warrants. (1) A acquire a higher percentage of the class (i) Any voting rights associated with person that controls a security, option, of securities than the person controlled the securities are limited solely to the warrant, or other financial instrument immediately prior to the future type customarily provided by statute that is convertible into, exercisable for, acquisition. with regard to matters that would exchangeable for, or otherwise may (6) Notwithstanding paragraph (a)(1) significantly and adversely affect the become a security controls each security of this section, a preferred security that rights or preference of the security, such that could be acquired as a result of would be a nonvoting security but for a as the issuance of additional amounts or such conversion, exercise, exchange, or right to vote on directors that activates classes of senior securities, the similar occurrence. only after six or more quarters of unpaid modification of the terms of the (2) If a financial instrument of the dividends is not considered to be a security, the dissolution of the issuing type described in paragraph (a)(1) of this voting security until the security holder company, or the payment of dividends section is convertible into, exercisable is entitled to exercise the voting right. by the issuing company when preferred for, exchangeable for, or otherwise may (7) For purposes of determining the dividends are in arrears; become a number of securities that percentage of a class of voting securities (ii) The securities represent an varies according to a formula, rate, or or the total equity percentage of a essentially passive investment or other variable metric, the number of company controlled by a person that

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controls a financial instrument of the benefits of the company, such as statement of the facts upon which the type described in paragraph (a)(1) of this qualification of the issuing company as preliminary determination is based. section: a Subchapter S corporation, as defined (b) Response to preliminary (i) The securities controlled by the in 26 U.S.C. 1361(a)(1) or any successor determination of control. (1) Within 30 person under paragraphs (a)(1) through statute, or prevention of events that calendar days after issuance by the (6) of this section are deemed to be could impair deferred tax assets, such as Board of a preliminary determination of issued and outstanding; and net operating loss carryforwards, as control or such longer period permitted (ii) Any securities controlled by described in 26 U.S.C. 382 or any by the Board in its discretion, the first anyone other than the person under successor statute. company against whom the preliminary paragraph (a)(1) through (6) of this (c) Securities held by senior determination has been made shall: section are not deemed to be issued and management officials or controlling (i) Consent to the preliminary outstanding, unless by the terms of the equity holders of a company. A determination of control and either: financial instruments the securities company that controls 5 percent or more (A) Submit for the Board’s approval a controlled by the other persons must be of any class of voting securities of specific plan for the prompt termination issued and outstanding in order for the another company controls all securities of the control relationship; or securities of the person to be issued and issued by the second company that are (B) File an application or notice under outstanding. controlled by senior management this part, as applicable; or (ii) Contest the preliminary (b) Restriction on securities. A person officials, directors, or controlling determination by filing a response, that enters into an agreement or shareholders of the first company, or by setting forth the facts and circumstances understanding with a second person immediate family members of such in support of its position that no control under which the rights of the second persons, unless the first company exists, and, if desired, requesting a person are restricted in any manner controls less than 15 percent of each with respect to securities that are hearing or other proceeding. class of voting securities of the second (2) If the first company fails to controlled by the second person, company and the senior management controls the securities of the second respond to the preliminary officials, directors, and controlling determination of control within 30 days person, unless the restriction is: shareholders of the first company, and (1) A requirement that the second or such longer period permitted by the immediate family members of such Board in its discretion, the first person offer the securities for sale to the persons, control 50 percent or more of first person for a reasonable period of company will be deemed to have each class of voting securities of the waived its right to present additional time prior to transferring the securities second company. to a third party; information to the Board or to request a (2) A requirement that, if the second (d) Reservation of authority. hearing or other proceeding regarding person agrees to sell the securities, the Notwithstanding paragraphs (a) through the preliminary determination of second person provide the first person (c) of this section, the Board may control. with the opportunity to participate in determine that securities are or are not (c) Hearing and final determination. the sale of the securities by the second controlled by a company based on the (1) The Board shall order a hearing or person; facts and circumstances presented. other appropriate proceeding upon the (3) A requirement under which the ■ 4. Subpart D is revised to read as petition of a first company that contests second person agrees to sell its follows: a preliminary determination of control if the Board finds that material facts are in securities to a third party if a majority Subpart D—Control and Divestiture of security holders agrees to sell their Proceedings dispute. The Board may, in its securities to the third party; discretion, order a hearing or other (4) Incident to a bona fide loan Sec. appropriate proceeding without a 225.31 Control proceedings. transaction in which the securities serve 225.32 Rebuttable presumptions of control petition for such a proceeding by the as collateral; of a company. first company. (5) A short-term and revocable proxy; 225.33 Rebuttable presumption of (2) At a hearing or other proceeding, (6) A restriction on transferability that noncontrol of a company. any applicable presumptions continues only for a reasonable amount 225.34 Total equity. established under this subpart shall be of time necessary to complete an considered in accordance with the acquisition by the first person of the Subpart D—Control and Divestiture Federal Rules of Evidence and the securities from the second person, Proceedings Board’s Rules of Practice for Formal including the time necessary to obtain § 225.31 Control proceedings. Hearings (12 CFR part 263). required approval from an appropriate (3) After considering the submissions government authority with respect to (a) Preliminary determination of of the first company and other evidence, the acquisition; control. (1) The Board in its sole including the record of any hearing or (7) A requirement that the second discretion may issue a preliminary other proceeding, the Board will issue a person vote the securities in favor of a determination of control under the final order determining whether the first specific acquisition of control of the procedures set forth in this section in company has the power to exercise a issuing company, or against competing any case in which the Board determines, controlling influence over the transactions, if the restriction continues based on consideration of the facts and management or policies of the second only for a reasonable amount of time circumstances presented, that a first company. If a controlling influence is necessary to complete the transaction, company has the power to exercise a found, the Board may direct the first including the time necessary to obtain controlling influence over the company to terminate the control required approval from an appropriate management or policies of a second relationship or to file an application or government authority with respect to an company. notice for the Board’s approval to retain acquisition or merger; or (2) If the Board makes a preliminary the control relationship. (8) An agreement among security determination of control under this (d) Submission of evidence. (1) In holders of the issuing company section, the Board shall send notice to connection with contesting a intended to preserve the tax status or tax the first company containing a preliminary determination of control

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under paragraph (b)(1)(ii) of this section, paragraph (e)(4)(i) or (ii) of this section; (J) The second company’s ability to a first company may submit to the Board or amend its articles of incorporation or evidence or any other relevant (iv) Engages in any of the activities set by-laws, other than in a way that is information related to its control of a forth in § 225.28(b)(6)(i) through (iv) of solely defensive for the first company; second company. this part. (K) The removal or selection of any (2) Evidence or other relevant (5) Limiting contractual right means a independent accountant, auditor, information submitted to the Board contractual right of the first company investment adviser, or investment pursuant to paragraph (d)(1) of this that would allow the first company to banker employed by the second section must be in writing and may restrict significantly, directly or company; or include a description of all current and indirectly, the discretion of the second (L) The second company’s ability to proposed relationships between the first company, including its senior significantly alter accounting methods company and the second company, management officials and directors, over and policies, or its regulatory, tax, or including relationships of the type that operational and policy decisions of the liability status (e.g., converting from a are identified under any of the second company. stock corporation to a limited liability rebuttable presumptions in §§ 225.32 (i) Examples of limiting contractual company); and and 225.33 of this part, copies of any rights may include, but are not limited (ii) A limiting contractual right does formal agreements related to such to, a right that allows the first company not include a contractual right that relationships, and a discussion to restrict or to exert significant would not allow the first company to regarding why the Board should not influence over decisions related to: significantly restrict, directly or determine the first company to control (A) Activities in which the second indirectly, the discretion of the second the second company. company may engage, including a company over operational and policy (e) Definitions. For purposes of this prohibition on entering into new lines decisions of the second company. subpart: of business, making substantial changes Examples of contractual rights that are (1) Board of directors means the board to or discontinuing existing lines of not limiting contractual rights may of directors of a company or a set of business, or entering into a contractual include: individuals exercising similar functions arrangement with a third party that (A) A right that allows the first at a company. imposes significant financial obligations company to restrict or to exert (2) Director representative means any on the second company; significant influence over decisions individual that represents the interests (B) How the second company directs relating to the second company’s ability of a first company through service on the proceeds of the first company’s to issue securities senior to securities the board of directors of a second investment; owned by the first company; company. For purposes of this (C) Hiring, firing, or compensating (B) A requirement that the first paragraph (e)(2), examples of persons one or more senior management officials company receive financial reports or who are directors of a second company of the second company, or modifying other information of the type ordinarily and generally would be considered the second company’s policies or budget available to common stockholders; (C) A requirement that the second director representatives of a first concerning the salary, compensation, company maintain its corporate company include: employment, or benefits plan for its existence; (i) A current officer, employee, or employees; (D) A requirement that the second director of the first company; (D) The second company’s ability to company consult with the first company (ii) An individual who was an officer, merge or consolidate, or its ability to on a reasonable periodic basis; employee, or director of the first acquire, sell, lease, transfer, spin-off, (E) A requirement that the second company within the prior two years; recapitalize, liquidate, dissolve, or company provide notices of the and dispose of subsidiaries or assets; occurrence of material events affecting (iii) An individual who was (E) The second company’s ability to the second company; nominated or proposed to be a director make investments or expenditures; (F) A requirement that the second of the second company by the first (F) The second company achieving or company comply with applicable company. maintaining a financial target or limit, statutory and regulatory requirements; (iv) A director representative does not including, for example, a debt-to-equity (G) A market standard requirement include a nonvoting observer. ratio, a fixed charges ratio, a net worth that the first company receive similar (3) First company means the company requirement, a liquidity target, a contractual rights as those held by other whose potential control of a second working capital target, or a classified investors in the second company; company is the subject of determination assets or nonperforming loans limit; (H) A requirement that the first by the Board under this subpart. (G) The second company’s payment of company be able to purchase additional (4) Investment adviser means a dividends on any class of securities, securities issued by the second company that: redemption of senior instruments, or company in order to maintain the first (i) Is registered as an investment voluntary prepayment of indebtedness; company’s percentage ownership in the adviser with the Securities and (H) The second company’s ability to second company; Exchange Commission under the authorize or issue additional junior (I) A requirement that the second Investment Advisers Act of 1940 (15 equity or debt securities, or amend the company ensure that any security U.S.C. 80b–1 et seq.); terms of any equity or debt securities holder who intends to sell its securities (ii) Is registered as a commodity issued by the second company; of the second company provide other trading advisor with the Commodity (I) The second company’s ability to security holders of the second company Futures Trading Commission under the engage in a public offering or to list or or the second company itself the Commodity Exchange Act (7 U.S.C. 1 et de-list securities on an exchange, other opportunity to purchase the securities seq.); than a right that allows the securities of before the securities can be sold to a (iii) Is a foreign equivalent of an the first company to have the same third party; or investment adviser or commodity status as other securities of the same (J) A requirement that the second trading advisor, as described in class; company take reasonable steps to ensure

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the preservation of tax status or tax board of directors of the second (2) Director representatives of the first benefits, such as status of the second company or any of its subsidiaries; or company and its subsidiaries comprise company as a Subchapter S corporation (ii) Director representatives of the first more than 25 percent of any committee or the protection of the value of net company or any of its subsidiaries are of the board of directors of the second operating loss carry-forwards. able to make or block the making of company or any of its subsidiaries that (6) Second company means the major operational or policy decisions of can take action that binds the second company whose potential control by a the second company or any of its company or any of its subsidiaries; or first company is the subject of subsidiaries; (3) The first company or any of its determination by the Board under this (2) Two or more employees or subsidiaries enters into transactions or subpart. directors of the first company or any of has business relationships with the (7) Senior management official means its subsidiaries serve as senior second company or any of its any person who participates or has the management officials of the second subsidiaries that: authority to participate (other than in company or any of its subsidiaries; (i) Are not on market terms; or the capacity as a director) in major (3) An employee or director of the (ii) Generate in the aggregate 5 percent policymaking functions of a company. first company or any of its subsidiaries or more of the total annual revenues or (f) Reservation of authority. Nothing serves as the chief executive officer, or expenses of the second company, each in this subpart shall limit the authority serves in a similar capacity, of the on a consolidated basis. of the Board to take any supervisory or second company or any of its (f) Ownership or control of 15 percent enforcement action otherwise permitted subsidiaries; or more of voting securities. The first by law, including an action to address (4) The first company or any of its company controls 15 percent or more of unsafe or unsound practices or subsidiaries enters into transactions or the outstanding securities of any class of conditions, or violations of law. has business relationships with the voting securities of the second company, and: § 225.32 Rebuttable presumptions of second company or any of its subsidiaries that generate in the (1) A director representative of the control of a company. first company or of any of its (a) General. (1) In any proceeding aggregate 10 percent or more of the total annual revenues or expenses of the subsidiaries serves as the chair of the under § 225.31(b) or (c) of this part, a board of directors of the second first company is presumed to control a second company, each on a consolidated basis; or company or any of its subsidiaries; second company in the situations (2) One or more employees or (5) The first company or any of its described in paragraphs (b) through (i) directors of the first company or any of subsidiaries has any limiting contractual of this section. The Board also may find its subsidiaries serves as a senior right with respect to the second that a first company controls a second management official of the second company or any of its subsidiaries, company based on other facts and company or any of its subsidiaries; or circumstances. unless such limiting contractual right is (3) The first company or any of its (2) For purposes of the presumptions part of an agreement to merge with or subsidiaries enters into transactions or in this section, any company that is a make a controlling investment in the has business relationships with the subsidiary of the first company and also second company that is reasonably second company or any of its a subsidiary of the second company is expected to close within one year and subsidiaries that generate in the considered to be a subsidiary of the first such limiting contractual right is aggregate 2 percent or more of the total company and not a subsidiary of the designed to ensure that the second annual revenues or expenses of the second company. company continues to operate in the second company, each on a (b) Management contract or similar ordinary course until the merger or consolidated basis. agreement. The first company enters investment is consummated or such (g) Accounting consolidation. The into any agreement, understanding, or limiting contractual right requires the first company consolidates the second management contract (other than to second company to take an action company on its financial statements serve as investment adviser) with the necessary for the merger or investment prepared under U.S. generally accepted second company, under which the first to be consummated. accounting principles. company directs or exercises significant (e) Ownership or control of 10 percent (h) Control of an investment fund. (1) influence or discretion over the general or more of voting securities. The first The first company serves as an management, overall operations, or core company controls 10 percent or more of investment adviser to the second business or policy decisions of the the outstanding securities of any class of company, the second company is an second company. Examples of such voting securities of the second investment fund, and the first company, agreements include where the first company, and: directly or indirectly, or acting through company is a managing member, (1) The first company or any of its one or more other persons: trustee, or general partner of the second subsidiaries propose a number of (i) Controls 5 percent or more of the company, or exercises similar powers director representatives to the board of outstanding securities of any class of and functions. directors of the second company or any voting securities of the second (c) Total equity. The first company of its subsidiaries in opposition to company; or controls one third or more of the total nominees proposed by the management (ii) Controls 25 percent or more of the equity of the second company. or board of directors of the second total equity of the second company. (d) Ownership or control of 5 percent company or any of its subsidiaries that, (2) The presumption of control in or more of voting securities. The first together with any director paragraph (h)(1) of this section does not company controls 5 percent or more of representatives of the first company or apply if the first company organized and the outstanding securities of any class of any of its subsidiaries on the board of sponsored the second company within voting securities of the second directors of the second company or any the preceding 12 months. company, and: of its subsidiaries, would comprise 25 (i) Divestiture of control. (1) The first (1)(i) Director representatives of the percent or more of the board of directors company controlled the second first company or any of its subsidiaries of the second company or any of its company under § 225.2(e)(1)(i) or (ii) of comprise 25 percent or more of the subsidiaries; this part at any time during the prior

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two years and the first company is organized as a stock corporation and (c) Consideration of debt instruments controls 15 percent or more of the prepares financial statements pursuant and other interests in total equity. (1) outstanding securities of any class of to U.S. generally accepted accounting For purposes of the total equity voting securities of the second principles will be calculated as calculation in paragraph (b) of this company. described in paragraph (b) of this section, a debt instrument or other (2) Notwithstanding paragraph (i)(1) section. With respect to a second interest issued by the second company of this section, a first company will not company that is not organized as a stock that is controlled by the first company be presumed to control a second corporation or that does not prepare may be treated as an equity instrument company under this paragraph if 50 financial statements pursuant to U.S. if that debt instrument or other interest percent or more of the outstanding generally accepted accounting is functionally equivalent to equity. securities of each class of voting principles, the first company’s total (2) For purposes of paragraph (b)(1) of securities of the second company is equity in the second company will be this section, the principal amount of all controlled by a person that is not a calculated so as to be reasonably debt instruments and the market value senior management official or director consistent with the methodology of all other interests that are of the first company, or by a company described in paragraph (b) of this functionally equivalent to equity that that is not an affiliate of the first section, while taking into account the are controlled by the first company are company. legal form of the second company and added to the sum under paragraph (j) Securities held in a fiduciary the accounting system used by the (b)(1)(i) of this section, and the principal capacity. For purposes of the second company to prepare financial amount of all debt instruments and the presumptions of control in this section, statements. market value of all other interests that the first company does not control (b) Calculation of total equity—(1) are functionally equivalent to equity securities of the second company that Total equity. The first company’s total that are outstanding are added to Issuer the first company holds in a fiduciary equity in the second company, Shareholders’ Equity. capacity, except that if the second expressed as a percentage, is equal to: (3) For purposes of paragraph (c)(1) of company is a depository institution or a (i) The sum of Investor Common this section, a debt instrument issued by depository institution holding company, Equity and, for each class of preferred the second company may be considered this paragraph (j) only applies to stock issued by the second company, functionally equivalent to equity if it securities held in a fiduciary capacity Investor Preferred Equity, divided by has equity-like characteristics, such as: without sole discretionary authority to (ii) Issuer Shareholders’ Equity. (i) Extremely long-dated maturity; exercise the voting rights of the (2) Investor Common Equity equals (ii) Subordination to other debt securities. the greater of: instruments issued by the second (i) Zero, and company; § 225.33 Rebuttable presumption of (ii) The quotient of the number of (ii) Qualification as regulatory capital noncontrol of a company. shares of common stock of the second under any regulatory capital rules (a) In any proceeding under company that are controlled by the first applicable to the second company; § 225.31(b) or (c) of this part, a first company divided by the total number of (iii) Qualification as equity under company is presumed not to control a shares of common stock of the second applicable tax law; second company if: company that are issued and (iv) Qualification as equity under U.S. (1) The first company controls less outstanding, multiplied by the amount generally accepted accounting than 10 percent of the outstanding of shareholders’ equity of the second principles or other applicable securities of each class of voting company not allocated to preferred accounting standards; securities of the second company; and stock under U.S. generally accepted (v) Inadequacy of the equity capital (2) The first company is not presumed accounting principles.1 underlying the debt at the time of the to control the second company under (3) Investor Preferred Equity equals, issuance of the debt; or § 225.32 of this part. for each class of preferred stock issued (vi) Issuance not on market terms. (b) In any proceeding under this by the second company, the greater of: (4) For purposes of paragraph (c)(1) of subpart, or judicial proceeding under (i) Zero, and this section, an interest that is not a debt the Bank Holding Company Act, other (ii) The quotient of the number of instrument issued by the second than a proceeding in which the Board shares of the class of preferred stock of company may be considered has made a preliminary determination the second company that are controlled functionally equivalent to equity if it that a first company has the power to by the first company divided by the has equity-like characteristics, such as exercise a controlling influence over the total number of shares of the class of entitling its owner to a share of the management or policies of a second preferred stock that are issued and profits of the second company. company, a first company may not be outstanding, multiplied by the amount (d) Exclusion of certain equity held to have had control over a second of shareholders’ equity of the second instruments from total equity. (1) For company at any given time, unless the company allocated to the class of purposes of the total equity calculation first company, at the time in question, preferred stock under U.S. generally in paragraph (b) of this section, an controlled 5 percent or more of the accepted accounting principles.2 equity instrument issued by the second outstanding securities of any class of company that is controlled by the first voting securities of the second 1 If the second company has multiple classes of company may be treated as not an company, or had already been found to common stock outstanding and different classes of equity instrument if the equity common stock have different economic interests in instrument is functionally equivalent to have control on the basis of the the second company on a per share basis, the existence of a controlling influence number of shares of common stock must be debt. relationship. adjusted for purposes of this calculation so that each share of common stock has the same economic stock have different economic interests in the § 225.34 Total equity. interest in the second company. second company on a per share basis, the number 2 If there are different classes of preferred stock of shares of preferred stock must be adjusted for (a) General. For purposes of this with equal seniority (i.e., pari passu classes of purposes of this calculation so that each pari passu subpart, the total equity controlled by a preferred stock), the pari passu shares are treated share of preferred stock has the same economic first company in a second company that as a single class. If pari passu classes of preferred interest in the second company.

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(2) For purposes of paragraph (d)(1) of (4) A company if the Board of such person, or to continue or this section, an equity instrument issued determines, after reasonable notice and dissolve the company after removal of by the second company may be opportunity for hearing, that such the general partner or managing member considered functionally equivalent to person directly or indirectly exercises a (or persons exercising similar functions debt if it has debt-like characteristics, controlling influence over the at the company). such as protections generally provided management or policies of such * * * * * to creditors, a limited term, a fixed rate association or other company; or (tt) Voting percentage. For purposes of of return or a variable rate of return (5) Voting securities or assets owned, this part, the percentage of a class of a linked to a reference interest rate, controlled, or held, directly or company’s voting securities controlled classification as debt for tax purposes, indirectly: by a person is the greater of: or classification as debt for accounting (i) By the company, or by any (1) The quotient, expressed as a purposes. subsidiary of the company; percentage, of the number of shares of (e) Frequency of total equity (ii) That the company has power to the class of voting securities controlled calculation. The total equity of a first vote or to dispose of; by the person, divided by the number of company in a second company is (iii) In a fiduciary capacity for the shares of the class of voting securities calculated each time the first company benefit of the company or any of its that are issued and outstanding, both as acquires control over equity instruments subsidiaries; adjusted by § 238.9 of this part; and of the second company, including any (iv) In a fiduciary capacity (including (2) The quotient, expressed as a debt instruments or other interests that by pension and profit-sharing trusts) for percentage, of the number of votes that are functionally equivalent to equity in the benefit of the shareholders, may be cast by the person on the voting accordance with paragraph (c) of this members, or employees (or individuals securities controlled by the person, section. serving in similar capacities) of the divided by the total votes that are company or any of its subsidiaries; or PART 238—SAVINGS AND LOAN legally entitled to be cast by the issued (v) According to the standards under HOLDING COMPANIES (REGULATION and outstanding shares of the class of § 238.9 of this part. LL) voting securities, both as adjusted by * * * * * § 238.9 of this part. ■ 5. The authority citation for part 238 (r) * * * ■ 7. Section 238.8 is amended by continues to read as follows: (2) Nonvoting securities. Common revising the section heading and adding Authority: 5 U.S.C. 552, 559; 12 U.S.C. shares, preferred shares, limited paragraphs (b) and (c) to read as follows: 1462, 1462a, 1463, 1464, 1467, 1467a, 1468, partnership interests, limited liability 1813, 1817, 1829e, 1831i, 1972; 15 U.S.C. 78l. company interests, or similar interests § 238.8 Safe and sound operations, and are not voting securities if: Small Bank Holding Company Policy Subpart A—General Provisions (i) Any voting rights associated with Statement. * * * * * ■ the securities are limited solely to the 6. Amend § 238.2 by revising type customarily provided by statute (b) The Board’s Small Bank Holding paragraphs (e), (r)(2), and (tt) to read as with regard to matters that would Company Policy Statement (12 CFR part follows: significantly and adversely affect the 225, appendix C) (Policy Statement) § 238.2 Definitions. rights or preference of the security, such applies to savings and loan holding companies as if they were bank holding * * * * * as the issuance of additional amounts or (e) A person shall be deemed to have classes of senior securities, the companies. To qualify or rely on the control of: modification of the terms of the Policy Statement, savings and loan (1) A savings association if the person security, the dissolution of the issuing holding companies must meet all directly or indirectly or acting in company, or the payment of dividends qualifying requirements in the Policy concert with one or more other persons, by the issuing company when preferred Statement as if they were a bank holding or through one or more subsidiaries, dividends are in arrears; company. For purposes of applying the owns, controls, or holds with power to (ii) The securities represent an Policy Statement, the term ‘‘nonbank vote, or holds proxies representing, essentially passive investment or subsidiary’’ as used in the Policy more than 25 percent of the voting financing device and do not otherwise Statement refers to a subsidiary of a shares of such savings association, or provide the holder with control over the savings and loan holding company other controls in any manner the election of issuing company; and than a savings association or a a majority of the directors of such (iii) The securities do not entitle the subsidiary of a savings association. association; holder, by statute, charter, or in any (c) The Board may exclude any (2) Any other company if the person manner, to select or to vote for the savings and loan holding company, directly or indirectly or acting in selection of directors, trustees, or regardless of asset size, from the Policy concert with one or more other persons, partners (or persons exercising similar Statement under paragraph (b) of this or through one or more subsidiaries, functions) of the issuing company; section if the Board determines that owns, controls, or holds with power to except that limited partnership interests such action is warranted for supervisory vote, or holds proxies representing, or membership interests in limited purposes. more than 25 percent of the voting liability companies are not voting ■ 8. Section 238.9 is revised to read as shares or rights of such other company, securities due to voting rights that are follows: or controls in any manner the election limited solely to voting for the removal or appointment of a majority of the of a general partner or managing § 238.9 Control over securities. directors or trustees of such other member (or persons exercising similar (a) Contingent rights, convertible company, or is a general partner in or functions at the company) for cause, to securities, options, and warrants. (1) A has contributed more than 25 percent of replace a general partner or managing person that controls a security, option, the capital of such other company; member (or persons exercising similar warrant, or other financial instrument (3) A trust if the person is a trustee functions at the company) due to that is convertible into, exercisable for, thereof; incapacitation or following the removal exchangeable for, or otherwise may

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become a security controls each security (6) Notwithstanding paragraph (a)(1) issuing company, or against competing that could be acquired as a result of of this section, a preferred security that transactions, if the restriction continues such conversion, exercise, exchange, or would be a nonvoting security but for a only for a reasonable amount of time similar occurrence. right to vote on directors that activates necessary to complete the transaction, (2) If a financial instrument of the only after six or more quarters of unpaid including the time necessary to obtain type described in paragraph (a)(1) of this dividends is not considered to be a required approval from an appropriate section is convertible into, exercisable voting security until the security holder government authority with respect to an for, exchangeable for, or otherwise may is entitled to exercise the voting right. acquisition or merger; or become a number of securities that (7) For purposes of determining the (8) An agreement among security varies according to a formula, rate, or percentage of a class of voting securities holders of the issuing company other variable metric, the number of of a company controlled by a person intended to preserve the tax status or tax securities controlled under paragraph that controls a financial instrument of benefits of the company, such as (a)(1) of this section is the maximum the type described in paragraph (a)(1) of qualification of the issuing company as number of securities that the financial this section: a Subchapter S corporation, as defined instrument could be converted into, be (i) The securities controlled by the in 26 U.S.C. 1361(a)(1) or any successor exercised for, be exchanged for, or person under paragraphs (a)(1) through statute, or prevention of events that otherwise become under the formula, (6) of this section are deemed to be could impair deferred tax assets, such as rate, or other variable metric. issued and outstanding; and net operating loss carryforwards, as (3) Notwithstanding paragraph (a)(1) (ii) Any securities controlled by described in 26 U.S.C. 382 or any of this section, a person does not control anyone other than the person under successor statute. voting securities due to controlling a paragraphs (a)(1) through (6) of this (c) Securities held by senior financial instrument if the financial section are not deemed to be issued and management officials or controlling instrument: outstanding, unless by the terms of the equity holders of a company. A (i) By its terms is not convertible into, financial instruments the securities company that controls 5 percent or more of any class of voting securities of is not exercisable for, is not controlled by the other persons must be another company controls all securities exchangeable for, and may not issued and outstanding in order for the issued by the second company that are otherwise become voting securities in securities of the person to be issued and controlled by senior management the hands of the person or an affiliate of outstanding. officials, directors, or controlling the person; and (b) Restriction on securities. A person shareholders of the first company, or by (ii) By its terms is only convertible that enters into an agreement or immediate family members of such into, exercisable for, exchangeable for, understanding with a second person under which the rights of the second persons, unless the first company or may otherwise become voting controls less than 15 percent of each securities in the hands of a transferee person are restricted in any manner with respect to securities that are class of voting securities of the second after a transfer: company and the senior management (A) In a widespread public controlled by the second person, controls the securities of the second officials, directors, and controlling distribution; shareholders of the first company, and (B) To the issuing company; person, unless the restriction is: (1) A requirement that the second immediate family members of such (C) In transfers in which no transferee person offer the securities for sale to the persons, control 50 percent or more of (or group of associated transferees) first person for a reasonable period of each class of voting securities of the would receive 2 percent or more of the time prior to transferring the securities second company. outstanding securities of any class of to a third party; (d) Reservation of authority. voting securities of the issuing (2) A requirement that, if the second Notwithstanding paragraphs (a) through company; or person agrees to sell the securities, the (c) of this section, the Board may (D) To a transferee that would control second person provide the first person determine that securities are or are not more than 50 percent of every class of with the opportunity to participate in controlled by a company based on the voting securities of the issuing company the sale of the securities by the second facts and circumstances presented. without any transfer from the person. person; ■ (4) Notwithstanding paragraph (a)(1) 9. Subpart C is revised to read as (3) A requirement under which the follows: of this section, a person that has agreed second person agrees to sell its to acquire securities or other financial securities to a third party if a majority Subpart C—Control Proceedings instruments pursuant to a securities of security holders agrees to sell their Sec. purchase agreement does not control securities to the third party; 238.21 Control proceedings. such securities or financial instruments (4) Incident to a bona fide loan 238.22 Rebuttable presumptions of control until the person acquires the securities transaction in which the securities serve of a company. or financial instruments. 238.23 Rebuttable presumption of as collateral; noncontrol of a company. (5) Notwithstanding paragraph (a)(1) (5) A short-term and revocable proxy; of this section, a right that provides a (6) A restriction on transferability that Subpart C—Control Proceedings person the ability to acquire securities continues only for a reasonable amount in future issuances or to convert of time necessary to complete an § 238.21 Control proceedings. nonvoting securities into voting acquisition by the first person of the (a) Preliminary determination of securities does not cause the person to securities from the second person, control. (1) The Board in its sole control the securities that could be including the time necessary to obtain discretion may issue a preliminary acquired under the right, so long as the required approval from an appropriate determination of control under the right does not allow the person to government authority with respect to procedures set forth in this section in acquire a higher percentage of the class the acquisition; any case in which the Board determines, of securities than the person controlled (7) A requirement that the second based on consideration of the facts and immediately prior to the future person vote the securities in favor of a circumstances presented, that a first acquisition. specific acquisition of control of the company has the power to exercise a

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controlling influence over the company to terminate the control Futures Trading Commission under the management or policies of a second relationship or to file an application or Commodity Exchange Act (7 U.S.C. 1 et company. notice for the Board’s approval to retain seq.); (2) If the Board makes a preliminary the control relationship. (iii) Is a foreign equivalent of an determination of control under this (d) Submission of evidence. (1) In investment adviser or commodity section, the Board shall send notice to connection with contesting a trading advisor, as described in the first company containing a preliminary determination of control paragraph (e)(4)(i) or (ii) of this section; statement of the facts upon which the under paragraph (b)(1)(ii) of this section, or preliminary determination is based. a first company may submit to the Board (iv) Engages in any of the activities set (b) Response to preliminary evidence or any other relevant forth in 12 CFR 225.28(b)(6)(i) through determination of control. (1) Within 30 information related to its control of a (iv). calendar days after issuance by the second company. (5) Limiting contractual right means a Board of a preliminary determination of (2) Evidence or other relevant contractual right of the first company control or such longer period permitted information submitted to the Board that would allow the first company to by the Board in its discretion, the first pursuant to paragraph (d)(1) of this restrict significantly, directly or company against whom the preliminary section must be in writing and may indirectly, the discretion of the second determination has been made shall: include a description of all current and company, including its senior (i) Consent to the preliminary proposed relationships between the first management officials and directors, over determination of control and either: company and the second company, operational and policy decisions of the (A) Submit for the Board’s approval a including relationships of the type that second company. specific plan for the prompt termination are identified under any of the (i) Examples of limiting contractual of the control relationship; or rebuttable presumptions in §§ 238.22 rights may include, but are not limited (B) File an application or notice under and 238.23 of this part, copies of any to, a right that allows the first company this part, as applicable; or formal agreements related to such to restrict or to exert significant (ii) Contest the preliminary relationships, and a discussion influence over decisions related to: determination by filing a response, regarding why the Board should not (A) Activities in which the second setting forth the facts and circumstances determine the first company to control company may engage, including a in support of its position that no control the second company. prohibition on entering into new lines exists, and, if desired, requesting a (e) Definitions. For purposes of this of business, making substantial changes hearing or other proceeding. subpart: to or discontinuing existing lines of (2) If the first company fails to (1) Board of directors means the board business, or entering into a contractual respond to the preliminary of directors of a company or a set of arrangement with a third party that determination of control within 30 days individuals exercising similar functions imposes significant financial obligations or such longer period permitted by the at a company. on the second company; Board in its discretion, the first (2) Director representative means any (B) How the second company directs company will be deemed to have individual that represents the interests the proceeds of the first company’s waived its right to present additional of a first company through service on investment; information to the Board or to request a the board of directors of a second (C) Hiring, firing, or compensating hearing or other proceeding regarding company. For purposes of this one or more senior management officials the preliminary determination of paragraph (e)(2), examples of persons of the second company, or modifying control. who are directors of a second company the second company’s policies or budget (c) Hearing and final determination. and generally would be considered concerning the salary, compensation, (1) The Board shall order a hearing or director representatives of a first employment, or benefits plan for its other appropriate proceeding upon the company include: employees; petition of a first company that contests (i) A current officer, employee, or (D) The second company’s ability to a preliminary determination of control if director of the first company; merge or consolidate, or its ability to the Board finds that material facts are in (ii) An individual who was an officer, acquire, sell, lease, transfer, spin-off, dispute. The Board may, in its employee, or director of the first recapitalize, liquidate, dissolve, or discretion, order a hearing or other company within the prior two years; dispose of subsidiaries or assets; appropriate proceeding without a and (E) The second company’s ability to petition for such a proceeding by the (iii) An individual who was make investments or expenditures; first company. nominated or proposed to be a director (F) The second company achieving or (2) At a hearing or other proceeding, of the second company by the first maintaining a financial target or limit, any applicable presumptions company. including, for example, a debt-to-equity established under this subpart shall be (iv) A director representative does not ratio, a fixed charges ratio, a net worth considered in accordance with the include a nonvoting observer. requirement, a liquidity target, a Federal Rules of Evidence and the (3) First company means the company working capital target, or a classified Board’s Rules of Practice for Formal whose potential control of a second assets or nonperforming loans limit; Hearings (12 CFR part 263). company is the subject of determination (G) The second company’s payment of (3) After considering the submissions by the Board under this subpart. dividends on any class of securities, of the first company and other evidence, (4) Investment adviser means a redemption of senior instruments, or including the record of any hearing or company that: voluntary prepayment of indebtedness; other proceeding, the Board will issue a (i) Is registered as an investment (H) The second company’s ability to final order determining whether the first adviser with the Securities and authorize or issue additional junior company has the power to exercise a Exchange Commission under the equity or debt securities, or amend the controlling influence over the Investment Advisers Act of 1940 (15 terms of any equity or debt securities management or policies of the second U.S.C. 80b–1 et seq.); issued by the second company; company. If a controlling influence is (ii) Is registered as a commodity (I) The second company’s ability to found, the Board may direct the first trading advisor with the Commodity engage in a public offering or to list or

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de-list securities on an exchange, other opportunity to purchase the securities (1)(i) Director representatives of the than a right that allows the securities of before the securities can be sold to a first company or any of its subsidiaries the first company to have the same third party; or comprise 25 percent or more of the status as other securities of the same (J) A requirement that the second board of directors of the second class; company take reasonable steps to ensure company or any of its subsidiaries; or (J) The second company’s ability to the preservation of tax status or tax (ii) Director representatives of the first amend its articles of incorporation or benefits, such as status of the second company or any of its subsidiaries are by-laws, other than in a way that is company as a Subchapter S corporation able to make or block the making of solely defensive for the first company; or the protection of the value of net major operational or policy decisions of (K) The removal or selection of any operating loss carry-forwards. the second company or any of its independent accountant, auditor, (6) Second company means the subsidiaries; investment adviser, or investment company whose potential control by a (2) Two or more employees or banker employed by the second first company is the subject of directors of the first company or any of company; or determination by the Board under this its subsidiaries serve as senior (L) The second company’s ability to subpart. management officials of the second company or any of its subsidiaries; significantly alter accounting methods (7) Senior management official means and policies, or its regulatory, tax, or (3) An employee or director of the any person who participates or has the first company or any of its subsidiaries liability status (e.g., converting from a authority to participate (other than in stock corporation to a limited liability serves as the chief executive officer, or the capacity as a director) in major serves in a similar capacity, of the company); and policymaking functions of a company. (ii) A limiting contractual right does second company or any of its (f) Reservation of authority. Nothing not include a contractual right that subsidiaries; in this subpart shall limit the authority would not allow the first company to (4) The first company or any of its of the Board to take any supervisory or significantly restrict, directly or subsidiaries enters into transactions or enforcement action otherwise permitted indirectly, the discretion of the second has business relationships with the by law, including an action to address company over operational and policy second company or any of its unsafe or unsound practices or decisions of the second company. subsidiaries that generate in the conditions, or violations of law. Examples of contractual rights that are aggregate 10 percent or more of the total not limiting contractual rights may § 238.22 Rebuttable presumptions of annual revenues or expenses of the include: control of a company. second company, each on a consolidated basis; or (A) A right that allows the first (a) General. (1) In any proceeding company to restrict or to exert (5) The first company or any of its under § 238.21(b) or (c) of this part, a subsidiaries has any limiting contractual significant influence over decisions first company is presumed to control a relating to the second company’s ability right with respect to the second second company in the situations company or any of its subsidiaries, to issue securities senior to securities described in paragraphs (b) through (h) owned by the first company; unless such limiting contractual right is of this section. The Board also may find part of an agreement to merge with or (B) A requirement that the first that a first company controls a second company receive financial reports or make a controlling investment in the company based on other facts and second company that is reasonably other information of the type ordinarily circumstances. available to common stockholders; expected to close within one year and (2) For purposes of the presumptions (C) A requirement that the second such limiting contractual right is in this section, any company that is a company maintain its corporate designed to ensure that the second subsidiary of the first company and also existence; company continues to operate in the (D) A requirement that the second a subsidiary of the second company is ordinary course until the merger or company consult with the first company considered to be a subsidiary of the first investment is consummated or such on a reasonable periodic basis; company and not a subsidiary of the limiting contractual right requires the (E) A requirement that the second second company. second company to take an action company provide notices of the (b) Management contract or similar necessary for the merger or investment occurrence of material events affecting agreement. The first company enters to be consummated. the second company; into any agreement, understanding, or (d) Ownership or control of 10 percent (F) A requirement that the second management contract (other than to or more of voting securities. The first company comply with applicable serve as investment adviser) with the company controls 10 percent or more of statutory and regulatory requirements; second company, under which the first the outstanding securities of any class of (G) A market standard requirement company directs or exercises significant voting securities of the second that the first company receive similar influence or discretion over the general company, and: contractual rights as those held by other management, overall operations, or core (1) The first company or any of its investors in the second company; business or policy decisions of the subsidiaries propose a number of (H) A requirement that the first second company. Examples of such director representatives to the board of company be able to purchase additional agreements include where the first directors of the second company or any securities issued by the second company is a managing member, of its subsidiaries in opposition to company in order to maintain the first trustee, or general partner of the second nominees proposed by the management company’s percentage ownership in the company, or exercises similar powers or board of directors of the second second company; and functions. company or any of its subsidiaries that, (I) A requirement that the second (c) Ownership or control of 5 percent together with any director company ensure that any security or more of voting securities. The first representatives of the first company or holder who intends to sell its securities company controls 5 percent or more of any of its subsidiaries on the board of of the second company provide other the outstanding securities of any class of directors of the second company or any security holders of the second company voting securities of the second of its subsidiaries, would comprise 25 or the second company itself the company, and: percent or more of the board of directors

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of the second company or any of its prepared under U.S. generally accepted depository institution holding company, subsidiaries; accounting principles. this paragraph (i) only applies to (2) Director representatives of the first (g) Control of an investment fund. (1) securities held in a fiduciary capacity company and its subsidiaries comprise The first company serves as an without sole discretionary authority to more than 25 percent of any committee investment adviser to the second exercise the voting rights of the of the board of directors of the second company, the second company is an securities. company or any of its subsidiaries that investment fund, and the first company, can take action that binds the second directly or indirectly, or acting through § 238.23 Rebuttable presumption of noncontrol of a company. company or any of its subsidiaries; or one or more other persons, controls 5 (3) The first company or any of its percent or more of the outstanding (a) In any proceeding under subsidiaries enters into transactions or securities of any class of voting § 238.21(b) or (c) of this part, a first has business relationships with the securities of the second company. company is presumed not to control a second company or any of its (2) The presumption of control in second company if: subsidiaries that: paragraph (g)(1) of this section does not (1) The first company controls less (i) Are not on market terms; or apply if the first company organized and (ii) Generate in the aggregate 5 percent than 10 percent of the outstanding sponsored the second company within or more of the total annual revenues or securities of each class of voting the preceding 12 months. expenses of the second company, each securities of the second company; and (h) Divestiture of control. (1) The first on a consolidated basis. (2) The first company is not presumed (e) Ownership or control of 15 percent company controlled the second to control the second company under or more of voting securities. The first company under § 238.2(e)(1) or (2) of § 238.22 of this part. this part at any time during the prior company controls 15 percent or more of (b) In any proceeding under this two years and the first company the outstanding securities of any class of subpart, or judicial proceeding under controls 15 percent or more of the voting securities of the second the Home Owners’ Loan Act, other than outstanding securities of any class of company, and: a proceeding in which the Board has voting securities of the second (1) A director representative of the made a preliminary determination that company. first company or of any of its a first company has the power to subsidiaries serves as the chair of the (2) Notwithstanding paragraph (h)(1) exercise a controlling influence over the board of directors of the second of this section, a first company will not management or policies of a second company or any of its subsidiaries; be presumed to control a second company, a first company may not be (2) One or more employees or company under this paragraph if 50 held to have had control over a second directors of the first company or any of percent or more of the outstanding company at any given time, unless the its subsidiaries serves as a senior securities of each class of voting first company, at the time in question, management official of the second securities of the second company is controlled 5 percent or more of the company or any of its subsidiaries; or controlled by a person that is not a outstanding securities of any class of (3) The first company or any of its senior management official or director voting securities of the second subsidiaries enters into transactions or of the first company, or by a company company, or had already been found to has business relationships with the that is not an affiliate of the first have control on the basis of the second company or any of its company. existence of a controlling influence subsidiaries that generate in the (i) Securities held in a fiduciary relationship. aggregate 2 percent or more of the total capacity. For purposes of the annual revenues or expenses of the presumptions of control in this section, By order of the Board of Governors of the Federal Reserve System, February 14, 2020. second company, each on a the first company does not control consolidated basis. securities of the second company that Ann Misback, (f) Accounting consolidation. The first the first company holds in a fiduciary Secretary of the Board. company consolidates the second capacity, except that if the second [FR Doc. 2020–03398 Filed 2–27–20; 8:45 am] company on its financial statements company is a depository institution or a BILLING CODE 6210–01–P

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Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents Executive orders and proclamations 741–6000 7 CFR The United States Government Manual 741–6000 357...... 12207 Other Services 1437...... 12213 Electronic and on-line services (voice) 741–6020 Privacy Act Compilation 741–6050 12 CFR 225...... 12398 ELECTRONIC RESEARCH 238...... 12398 World Wide Web 14 CFR Full text of the daily Federal Register, CFR and other publications is located at: www.govinfo.gov. Proposed Rules: 25 (2 documents) ...... 12227, Federal Register information and research tools, including Public 12230 Inspection List and electronic text are located at: www.federalregister.gov. 17 CFR E-mail 200...... 12221 FEDREGTOC (Daily Federal Register Table of Contents Electronic Mailing List) is an open e-mail service that provides subscribers with a digital form of the Federal Register Table of Contents. The 37 CFR digital form of the Federal Register Table of Contents includes 1...... 12222 HTML and PDF links to the full text of each document. To join or leave, go to https://public.govdelivery.com/accounts/ 40 CFR USGPOOFR/subscriber/new, enter your email address, then follow the instructions to join, leave, or manage your 31...... 12224 subscription. Proposed Rules: 52 (2 documents) ...... 12232, PENS (Public Law Electronic Notification Service) is an e-mail 12241 service that notifies subscribers of recently enacted laws. 171...... 12244 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html and select Join or leave the list (or change settings); then follow the instructions. FEDREGTOC and PENS are mailing lists only. We cannot respond to specific inquiries. Reference questions. Send questions and comments about the Federal Register system to: [email protected] The Federal Register staff cannot interpret specific documents or regulations.

FEDERAL REGISTER PAGES AND DATE, MARCH 12207–12430...... 2

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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 14, 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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TABLE OF EFFECTIVE DATES AND TIME PERIODS—MARCH 2020

This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)

DATE OF FR 15 DAYS AFTER 21 DAYS AFTER 30 DAYS AFTER 35 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION

March 2 Mar 17 Mar 23 Apr 1 Apr 6 Apr 16 May 1 Jun 1

March 3 Mar 18 Mar 24 Apr 2 Apr 7 Apr 17 May 4 Jun 1

March 4 Mar 19 Mar 25 Apr 3 Apr 8 Apr 20 May 4 Jun 2

March 5 Mar 20 Mar 26 Apr 6 Apr 9 Apr 20 May 4 Jun 3

March 6 Mar 23 Mar 27 Apr 6 Apr 10 Apr 20 May 5 Jun 4

March 9 Mar 24 Mar 30 Apr 8 Apr 13 Apr 23 May 8 Jun 8

March 10 Mar 25 Mar 31 Apr 9 Apr 14 Apr 24 May 11 Jun 8

March 11 Mar 26 Apr 1 Apr 10 Apr 15 Apr 27 May 11 Jun 9

March 12 Mar 27 Apr 2 Apr 13 Apr 16 Apr 27 May 11 Jun 10

March 13 Mar 30 Apr 3 Apr 13 Apr 17 Apr 27 May 12 Jun 11

March 16 Mar 31 Apr 6 Apr 15 Apr 20 Apr 30 May 15 Jun 15

March 17 Apr 1 Apr 7 Apr 16 Apr 21 May 1 May 18 Jun 15

March 18 Apr 2 Apr 8 Apr 17 Apr 22 May 4 May 18 Jun 16

March 19 Apr 3 Apr 9 Apr 20 Apr 23 May 4 May 18 Jun 17

March 20 Apr 6 Apr 10 Apr 20 Apr 24 May 4 May 19 Jun 18

March 23 Apr 7 Apr 13 Apr 22 Apr 27 May 7 May 22 Jun 22

March 24 Apr 8 Apr 14 Apr 23 Apr 28 May 8 May 26 Jun 22

March 25 Apr 9 Apr 15 Apr 24 Apr 29 May 11 May 26 Jun 23

March 26 Apr 10 Apr 16 Apr 27 Apr 30 May 11 May 26 Jun 24

March 27 Apr 13 Apr 17 Apr 27 May 1 May 11 May 26 Jun 25

March 30 Apr 14 Apr 20 Apr 29 May 4 May 14 May 29 Jun 29

March 31 Apr 15 Apr 21 Apr 30 May 5 May 15 Jun 1 Jun 29

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